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1981-07-06 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING JULY 6, 1981 COUNCIL CHAMBER POLICE BUILDING The following members of the City Mayor Mayor Pro Tem Council Members: Council were present: Bill Binford Herb Weidinger John Dodd Fred Johnson Carol Dingman Pat Haggerty 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 July 6, 1981 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. A motion by Councilman Weidinger, a second by Councilwoman Dingman, all voting "aye",approved the minutes of the meeting of June 15, 1981 with the following corrections: Vol. 35, Page 37, top of page, second paragraph of Item No. C.1, change the amount of $14,000 to $28,000; Vol. 35, Page 46, in third paragraph of Item No. C.15 and in the second line the word apparent should read parent. A motion by Councilwoman Dingman, a second by Cou voting "aye", approved the minutes of the meeting with the following corrections; Vol. 35, Page 50, line change word diversely to adversely; and Vol. the last sentence read: THE COUNCIL CONVENED INTO TO HEAR A REPORT ON EMPLOYEE COMPENSATION. acilman Dodd, all of June 22, 1981 first page last 35, Page 51, let A STUDY SESSION AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AWARD. Mayor Binford presented a 10 year service award to George Campbell of the Police Department. AGENDA ITEM NO. B.2-PRESENTATION OF BOARD APPLICATIONS. Mayor Binford explained that this item is placed on the agenda of 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. Vol. 35, Page 52. AGENDA ITEM NO. B.2-PRESENTATION OF AWARD TO THE SANITATION DIVISION. Mayor Binford presented a plaque to Public Works Director Earl Deland and Sanitation Superintendent Lee Wayne Darnell as an award presented the City as having the "Best Municipal Hauler Vehicle". This award has been made by the Solid Wastes Management magazine. AGENDA ITEM NO. C.1-PUBLIC HEARING: TO CONSIDER AMENDING THE ZONING ORDINANCE SO AS TO LIMIT PARKING STRUCTURES LOCATED EAST OF IH E TO THE EASTERN CITY LIMIT LINES, TO A MAXIMUM OF LEVELS. Mayor Binford opened the public hearing by giving the ollowing information from an administrative memo. On May 18, 1981, the City Council established a sixty day moratorium on issuing building permits that would allow parking structures exceeding three levels. The moratorium applies to all areas of the City east of IH35E. A Public Hearing has been called to consider amending the zoning ordinance so as to limit future parking structures located east of IH35E to a maximum of three levels. The Planning and Zoning Commission recommends that the zoning ordinance not be amended. Mayor Binford asked if there was anyone in the audience that wished to speak in favor, or in opposition to the request. The following spoke: 1. Mr. Jack Griffin, Partner of Trammell Crow, Developer of Farmers Branch Office Park - spoke in opposition, indicating the need for better control of traffic through planning of streets in the devel- opments. 2. Mr. V. E. Hawes, with Hawes, Hellmuth, Obata, & Kasabaum, Inc., representing the Hartford Company, spoke in opposition, recommending that the City seek more performance oriented methods of controlling traffic. 3. Mr. Sayed Omar, representing Trammell Crow, Hartford and Hilton Inn, all located in the Farmers Branch Office Park, spoke in opposition to limiting to three levels, recommending good planning and good engin- eering for controlling traffic. 4. Mr. Craig Knight, Centre Development & Centre Plaza Hotel concurrs with Planning & Zoning, and the Council Staff's opposition. 5. Mr. Joe DePalma, General Manager of Centre Plaza Hotel spoke in opposition, noted the need for mass transit systems for future use. 6. Mr. Kirk Williams, 2800 One Main Place, representing Harold Clark, property owner, spoke in opposition. 7. Mr. Todd Meier, Assistant Manager of Rodger Meier Cadillac, spoke in opposition. Vol. 35, Page 53. A motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", closed the public hearing. Discussions held among the members of the City Council related to the possibility of controlling the density by limiting the parking levels; traffic; PD zoning of all the property on the east side; and the concern for the future development and growth of the eastern industrial area. Councilwoman Dingman made a motion not to amend the zoning ordinance; and to rescind the 60 day moratorium on issuing permits that would allow parking structures exceeding three levels to all areas of the City east of IH35E; and instructed the staff to study the implications of the 1 to 1 Floor Area Ratio and present back to Council. Councilman Dodd seconded the motion and all voted "aye". AGENDA ITEM NO. C.2 CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF LOT 2, BLOCK 2 OF BROOKHAVEN BUSINESS PARK, PHASE I. Mayor Binford opened the discussion by giving the following information from an administrative memo. This tract of land is located on the east side of Webb Chapel Road approximately 200 feet north of Gardenbrook Drive and is in a light Industrial (LI) zoning district. This property is being platted to create a building site. This final plat has been reviewed by the Engineering Division and it complies with the City's requirements for final plat approval. A Developer's Contract is not required as all necessary public improvements are in place. The Planning and Zoning Commission recommended the final plat be approved. A motion by Councilman Haggerty, and seconded by Councilman Dodd, all voting "aye", approved the final plat of Lot 2, Block 2, of Brookhaven Business Park as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. C.3 CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF LOT 2A, BLOCK A OF LUNA 635 BUSINESS PARK. Mayor Binford opened the discussion by giving the following information from an administrative memo. This tract of land is located on the southeast corner of Crown Drive and Luna Road and is in a PD--22 (LI) zoning district. This property is being platted in order to dedicate a utility easement. This final plat has been reviewed by the Engineering Division and it complies with the City's requirements for final plat approval. The existing Developer's Contract will remain in effect on this property. The Planning and Zoning Commission recommended the final plat be approved. A motion by Councilman Weidinger, a second by Councilman Haggerty, all voting "aye" approved the final plat of Lot 2A, Block A of Luna 635 Business Park as recommended by the Planning and Zoning Commission. Vol. 35, Page 54. AGENDA ITEM NO. CA CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF BROOKHAVEN PROFESSIONAL BUILDING. Mayor Binford opened the discussion by giving the following information from an administrative memo. This tract of land is located on the north side of the westbound LBJ Service Road approximately 630 feet east of Webb Chapel Road and is in a PD-18 (0) Zoning District. A site plan has been approved for this project. This final plat has been reviewed by the Engineering Division and it complies with the City's requirements for final plat approval. The existing Developer's Contract will remain in effect on this property. The Planning and Zoning Commission recommended the final plat be approved. A motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", approved the final plat of Brookhaven Professional Building as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. C.5 CONSIDER REQUEST FOR CLASSIFICATION OF NEW AND UNLISTED USE BODY WRAPPING SHOP. Mayor Binford opened the discussion by giving the following information from an administrative memo. The City has received a request from Sherrice Dean to place a Body Wrapping Shop in the Farmers Branch Shopping Center. The Farmers Branch Shopping Center is within the PD-8 (LR-1) Zoning District. The City's Zoning Ordinance does not specifically list "Body Wrap Shop" within the use charts. Section 8-200 of the City's Zoning Ord- inance establishes the procedure for placing unclassified uses within the use charts. The City Council shall by resolution reclassify the use after a recommendation by the Planning and Zoning Commission. The Planning and Zoning Commission recommends that the use "Body Wrap Shop" be an allowable use with a specific use permit in LR-1 Zoning District and be prohibited in all other zoning districts of the city. No one was present in behalf of the request. Following discussion relating to definition of Body Wrap Shop, and of regulating the operation of the use, a motion by Councilman Haggerty, a second by Councilman Weidinger, all voting"aye", approved to allow the use "Body Wrap Shop" with a Specific Use Permit in LR-1 Zoning District and be prohibited in all other Zoning Districts by adopting Resolution No. 81-016 and instructed the administration to prepare a regulating ordinance for the use. Vol. 35, Page 55. AGENDA ITEM NO. C.6 CONSIDER REQUEST FOR CLASSIFICATION OF NEW AND UNLISTED USE. RETAIL STEREO SALES AND INSTALLATION. Mayor Binford opened the discussion by giving the following information from an administrative memo. Mr. Johnny Cook, is installing a retail sales automotive stereo shop (Radio City) at 101 Josey Lane. The shop is located within the Josey Square Shopping Center in the LR-2 Zoning District. The retail sales of automobile stereo equipment is an allowable use within the Local Retail-2 zoning district. Mr. Cook would like to install the stereo equipment sold at his store. The installation is proposed to be done outside, at the rear of his lease space on the parking lot. The outside installation of the equipment is not specifically listed in the Use Charts of the Zoning Ordinance. Mr. Cook is requesting that the Use "Retail stereo sales and outside installation" be listed as an allowable use in Local Retail-2 Zoning District. Section 8-200 of the City Zoning Ordinance provides for uses to be classified by the City Council by resolution following a recommendation by the Planning and Zoning Commission. The Planning and Zoning Commission recommends that the use "Retail Stereo Sales and Outside Installation" not be classified within the Use Charts. Mr. Jay Caskey, attorney for Johnny Cook, and Mr. & Mrs. Johnny Cook were present in behalf of the consideration. Mr. Caskey described Mr. Cook's intended business and passed around pictures of the business on Josey. The installation of the stereo equipment requires approximately 1 to 1 1/2 hours and there is to be no overnight parking. Appointments would be set up for the installation and only employees would install the equipment. Hours of operation is to be 9:00 AM to 8:00 PM Monday through Saturday. Mr. Cook thinks the Specific Use Permit is too restrictive. Councilman Haggerty made a motion to allow the classification of "Retail Auto Stereo Sales & Outside Installation as an allowable use in Local Retail #2 Zoning District with a Specific Use Permit. Councilman Dodd seconded the motion. Upon discussion of the use being allowed in all LR-2 zoning areas, Councilman Haggerty withdrew his motion and Councilman Dodd withdrew his second. Following a discussion of Mr. Cook's operation, inside and outside plans, and of the regulation of a Specific Use Permit for the use, Councilman Johnson made a motion that the use "Retail Auto Stereo Sales and Outside Installation" be classified as an allowable use in LR-2 Zoning Districts with a Specific Use Permit and instructed the City Administration to prepare the appropriate resolution; and waived the Specific Use Permit Application filing fee for Mr. Cook for property at 101 Josey Lane. Councilman Weidinger seconded the motion. The motion carried 3 to 2 Vol. 35, Page 56. with Councilman Johnson, Weidinger and Dodd voting "aye", and Council Members Dingman and Haggerty voting "nay". AGENDA ITEM NO. D.1 CONSIDER RECOMMENDATIONS OF PARKS AND RECREATION BOARD AND TAKE APPROPRIATE ACTION. The Parks and Recreation Board requested this item on the agenda. Barney Wood, 13509 Pyramid, representing the Parks and Recreation Board presented the following as recommendations for consideration in the 1981-82 budget. Out of Hotel tax funds: 1. Consultant fee for Historical Property $35,000 2. Rawhide Creek Park Improvements, complete through M. $333,000 Out of CIP funds: 1. Don Showman roof repair $10,000 2. Recreation Center roof 30,000 3. Athletic Complex Lighting 65,000 Pepper Park - tables, benches, water fountains 10,000 Picnic tables, all complex 2,500 4. Benches Josey Lane - Valwood to Charcoal 4,000 187,000 5. Line channel at Gussie Field Waterworth Park 169,000 6. Showman Park Backstops and fence improvements 35,000 Portable bleachers (2) 32,000 7. Gussie Field Waterworth Tables, benches, and trash containers 10,000 8. Don Showman infield and Park drainage 40,000 9. Land Acquisition as discussed; to be presented in Executive Session. Mayor Binford thanked Mr. Wood for the time the Park and Recreation Board put in to come up with the recommendations submitted for consideration. AGENDA ITEM NO. D.2 CONSIDER REQUEST TO INCREASE DISABILITY HOMESTEAD EXEMPTION. This item has been placed on the agenda at the request of Councilwoman Dingman. Councilwoman Dingman stated that the present disability and senior citizen homestead exemption is $14,000 a year: and at the last Meeting the administration was instructed to include in the 1981-82 Budget for consideration a $28,000 exemption for disability and $50,000 exemption for senior citizens. Vol. 35, Page 57. After some discussion of exemptions of both being the same, a motion by Councilwoman Dingman, a second by Councilman Dodd, all voting "aye", instructed the City Staff to include for consideration $50,000 disability homestead exemption in preparing the 1981-82 budget recommendation. AGENDA ITEM D.3 CONSIDER JOINING OTHER CITIES IN SOUTHWESTERN BELL COMPANY RATE REQUEST CASE. Mayor Binford opened the discussion by giving the following information from an administrative memo. On June 25, 1981, a group of Cities met in Austin to discuss the Southwestern Bell rate request. Those cities present agreed that a united effort by all cities served by Southwestern Bell was in order. This request by Bell is the largest increase ever requested and almost all of the request is concerned with increasing the local exchange rates. No increase is sought in the long distance charges. Those cities present in Austin agreed to recommend to their City Councils each city participate in this effort. Each city was asked to contribute $.04 per capita toward the attorney and rate consultant expenses. This would require an expenditure of $993.16 should the City of Farmers Branch join with other cities in this effort. It is recommended the city participate with other TML cities in the Southwestern Bell rate request presently before the Public Utility Commission and the City Manager be authorized to spend $993.16 in this effort. A motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", approved the City's participation with other TML Cities in the Southwestern Bell Telephone Company's rate increase request before the Public Utility Commission and authorized the expenditure of $993.16 in this effort. AGENDA ITEM D.4 CONSIDER ACCEPTING BOARD OF EQUALIZATION APPROVED TAX ROLLS AND TAKE APPROPRIATE ACTION. Mayor Binford opened the discussion by giving the following information from an administrative memo. The Board of Equalization has met, reviewed and approved the Tax Rolls of the City. The total assessed value of properties in the City as approved by the Board is $1,451,569,180.00. The City Council is asked to accept the Tax Rolls as approved by the Board of Equalization at this time in order to strengthen the City's legal position against any contemplated litigation. The Tax rate for 1981 will be established by the City Council when the final budget has been established by the City Council. It is recommended ordinance #1351 be approved. A motion by Councilman Haggerty, a second by Councilwoman Dingman, all voting "aye", adopted Resolution No. 1351 approving the 1981 Tax Rolls submitted by the Tax Board of Equalization. Vol. 35, Page 58. AGENDA ITEM NO. D.5 CONSIDER ACCEPTING EASEMENT DEDICATION FROM SOUTHWESTERN TOWN LOT CORPORATION. Mayor Binford opened the discussion by giving the following information from an administrative memo. This easement is located between Nall Road to the north and Alpha Road to the south. The easement runs from Welch Road to the west property line of Alpha Plaza Addition. This drainage easement is needed for the construction of a storm drainage system adjacent to the railroad right-of-way which will serve the Alpha Plaza Addition and adjacent property. It is recommended that the City Council accept this easement. A motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye", accepted and authorized the Mayor to sign an easement dedication from Southwestern Town Lot Corporation. AGENDA ITEM NO. D.6 CONSIDER AMENDMENT TO FINANCIAL AGREEMENT WITH CENTRE DEVELOPMENT COMPANY, INC. FOR PUBLIC IMPROVEMENTS IN VALWOOD PARK- FARMERS BRANCH ADDITION. Mayor Binford opened the discussion and gave the following information from an administrative memo. Centre Development Company, Inc. has requested that it be allowed to construct the portion of 21" sanitary sewer main across its property at its own expense. The existing agreement requires the City to obtain bids for this portion and the remainder of the 21" main and to participate in its cost. Centre desires to waive participation by the City in the cost of the 21" main across its property so that the contractor hired by Centre can install the 21" main across their property. Allowing Centre to perform this construction at its own cost will assist Centre in the timely development of its property. The proposed amendment will not affect the terms covering the construction of the lift station, nor will it affect the separate agreement with the Woodbine Development Corp. Woodbine Development Corp. is considering negotiating with Centre's contractor to extend the construction of the 21" main across its property. If Woodbine elects to construct the 21" main across its property at its own expense, an amendment to their agreement with the City would also be required. It is recommended the City Manager be authorized to sign the proposed amendment to the financial agreement and that this agreement be approved. Mr. Ron Richards, of Woodbine Development Corporation, and Mr. Craig Knight of Centre Development Company, Inc. were present in behalf of the consideration of Agenda Nos. D.6 & 7. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye" approved and authorized the City Managers to sign an amendment to the financial agreement with Centre Development Company, Inc. Vol. 35, Page 59. AGENDA ITEM NO. D.7 CONSIDER AMENDMENT TO FINANCIAL AGREEMENT WITH WOODBINE DEVELOPMENT CORPORATION FOR PUBLIC IMPROVEMENTS IN VALWOOD PARK-FARMERS BRANCH ADDITION. Mayor Bin-ford gave the following information from an administrative memo. Woodbine Development Corporation is negotiating with Centre Development's contractor to extend the construction of the 21" sanitary sewer main across its property. Allowing Woodbine to construct the 21" main across its property at the same time as Centre constructs the 21" main across its property will not affect the terms covering the construction of the lift station or the remainder of the 21" main across the railroad right- of-way to the existing lift station. Mr. Ron Richards of Woodbine Development Corporation recommended that the City Manager be authorized to sign an amendment to the financial agreement with the Woodbine Development to allow them to construct the 21" main across its property at their expense, and that this amendment be approved. A motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", approved and authorized the City Manager to sign an amendment to the financial agreement with Woodbine Development Corp.. AGENDA ITEM D.8 CONSIDER ADOPTING ORDINANCE NO. 1350 GIVING NOTICE OF INTENT TO ISSUE $650,000.00 COMBINATION GENERAL OBLIGATION AND SURPLUS WATER AND SEWER REVENUES CERTIFICATES OF OBLIGATION. Mayor Binford opened the discussion by giving the following information from an administrative memo. Ordinance No. 1350 giving notice of intent to issue a maximum of $650,000.00 in General Obligation Certificates of Obligation, if approved, will provide funds for the construction of the Cooks Creek sewer lift station. The existing contracts with Centre Development and Woodbine Development require this project be financed in some manner. The C.O.'s will produce the lowest rate of interest of any financing available to the City. The low rate of interest is available because the interest income is tax exempt. Recent developments regarding installation of the 21" sewer main indicate the entire $650,000.00 will not be needed. The intent is to issue a maximum of $650,000.00. The City can issue a lesser amount or issue the entire amount and use any excess funds for debt service. These funds cannot be used for any other projects as they are required by law to be issued for a specific project. It is recommended Ordinance #1350 be approved. After some discussion, Councilman Weidinger made a motion to adopt the following captioned Ordinance No. 1350: Councilman Haggerty seconded the motion. The motion carried 4 to 1 with Councilmembers Weidinger, Haggerty, Dingman and Johnson voting "aye", and Councilman Dodd voting "nay". AN ORDINANCE DIRECTING THE GIVING OF NOTICE OF INTENTION TO ISSUE $650,000 CITY OF FARMERS BRANCH, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1981 A. 'Vol . 35, Page 60. AGENDA ITEM NO.D.9 CONSIDER ADOPTING RESOLUTION NO. 87-018 REQUESTINC THE TRINITY RIVER AUTHORITY TO INSTALL ADDITIONAL SEWAGE LINE. This item has been placed on the agenda and resolution prepared at the request of Councilwoman Dingman. Resolution No. 87-018 requests the Trinity River. Authority to review plans to determine that planned improvements to the Elm Fork Interceptor will be adequate for presently planned land development and make such changes as may be necessary to accommodate increased sewage flows. A motion by Councilwoman Dingman, a second by Councilman Dodd, all voting "aye" adopted Resolution No. 87-018 and instructed that an appropriate cover letter be sent by the Mayor to the proper persons, along with a copy of the resolution.. AGENDA ITEM NO. D.10 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE NORTH TEXAS COMMISSION FOR 1981-82. Mayor Bi.nford gave the following information from an administrative memo. It is time to renew the North Texas Commission contract for 1981-82. Cost of the service to Farmers Branch is $3,217.50. It is recommended the City Manager be authorized to execute the contract with the North Texas Commission. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting"aye", authorized the City Manager to execute a contract with the North Texas Commission and authorized the payment of $3,217.50 for their_ services to the City. AGENDA ITEM NO. D.11 CONSIDER AWARDING THE BID FOR WATER METERS. Mayor Binford gave the following information from an administrative memo. Bids were requested for one year's supply of various-sized water meters from four companies. On June 16, 1981, we received two bids from these companies. Rockwell International Co., and Neptune Meter Company did not submit bids. Badger Meter Company, and Hersey Products met all specifications. Badger Meter Company was low bid on all meters they bid, however, they did not bid the Fireline Service meters. Hersey Products was the only company to offer bids on the Fireline Service meters. The amount budgeted for the total purchase of all meters is $55,000.00. After reviewing the bids, a motion by Councilman Johnson, a second by Councilman Weidinger, all voting "aye", awarded the bid for meters (sizes: 5/811, 1", 1z11, & 2") all new Turbo meters (sizes: 2", 311, 411, & 611) all new Compound meters sizes: , 311, , & 6" and all Strainers (sizes: 2", 3 , 6 0 to Badger Meter Co. in the amount of 28,309.13; an for Fireline Service meters sizes: 6', 8 10"), awar e to Hersey Meter Co. in t e amount of 26,680.00. Vol. 35, Page 61. AGENDA ITEM D.12 CONSIDER RESOLUTION REAFFIRMING AND APPROVING CITY'S POLICY CONCERNING CLAIMS FILED AGAINST THE CITY, CITY OFFICIALS AND EMPLOYEES: Mayor Binford gave the following information from an administrative memo. In 1974 the City Council established a policy of protecting city officials and employees from liabilities occassioned by the officials and employees in their performance in their duties. That policy was never explicitly spelled out. It has been some time and several Council changes since the policy was established. Resolution NO. 81-019 has been prepared for consideration stating affirmatively the City's policy relating to civil claims, law suits, and causes of action filed against the City, its Officials, Officers, and Employees. A motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", adopted Resolution No. 81-019 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 ITEMS NO. E.2, E.3, E.4 - NO ACTION NECESSARY AGENDA ITEM NO. F.1 ADJOURNMENT A motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", adjourned the City Council meeting of July 6, 1981 at 11:06. Mafor Bill Binfo f City ecretary Vol. 35, Page 62.