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1981-08-17 CC Minutesn CITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING AUGUST 17, 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, Jr. Recording Secretary Ruth Ann Parish Mayor Binford called the City Council meeting on August 17, 1981 to order at 7:30 P.M.- the first Council meeting televised. AGENDA ITEM NO. A. 1 INVOCATION. Dr. Dudley Dancer, Minister of Christ United Methodist Church in Farmers Branch gave the invocation. AGENDA ITEM NO. A. 2 APPROVAL OF MINUTES. A motion by Councilman Dodd, a second by Councilman Haggerty,all voting "aye", approved the minutes of the meeting of August 17, 1981, with the following correction: Vol. 35, Page 86 - let the first sentence in the next to last paragraph read: "Mr. Barney Wood stated that Mr. Joe Findley of the Men's Softball Organization, and Mr. Al Chapman, with the Farmers Branch Little League Baseball Organization were not present." AGENDA ITEM NO. B. 1 PRESENTATION OF SERVICE AWARDS. Mayor Binford presented a 10 year award to Denzil Copeland of the Parks and Recreation 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 was present. Vol. 35, Page 91 AGENDA ITEM NO. C. 1 PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A CONCRETE BATCHING PLANT TO BE LOCATED AT 1349 VALLEY VIEW LANE (OLD LANDFILL SITE) IN THE PD-1 (O,LI) ZONING DISTRICT. Mayor Binford announced that Norton Concrete has withdrawn their application for the specific use permit from the Agenda. MAYOR BINFORD ASKED MAYOR PRO TEM WEIDINGER TO CHAIR THE MEETING FOR AGENDA ITEM NO. C.2 AND HE LEFT THE ROOM. AGENDA ITEM NO. C.2 CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF VALLEY VIEW LANE AND BRANCH VIEW LANE IN THE PD-25 (LI) ZONING DISTRICT. Mayor Pro Tem Weidinger opened the discussion by giving the foll- owing information from an administrative memo. Farmers Branch Bank is requesting site plan approval for an 800 sq. ft. motor bank to be located at the northeast corner of Valley View Lane and Branch View Lane in the PD-25 (LI) zoning district. The site plan indicates entrances to the motor bank from Valley View Lane and Branch View Lane with parking located along the west side of the building. Because the property is located within the PD-25 zoning district, site plan approval is required before a building permit can be issued. The Planning and Zoning Commission recommends that the site plan be approved with the condition that a landscape plan and underground irrigation plan be submitted and approved prior to a certificate of occupancy being issued and if a dumpster is ever needed for the motor bank, the dumpster location is to be shown on the site plan and brought back to the Planning and Zoning Commission and the City Council for approval. Mr. Kevin Green, Architect for the project was present in behalf of the request. Mr. Green explained that the building itself is about 700 sq. ft. It has 5 lanes drive through, but does have expansion for future 6 to 7 lanes drive through. Egress and ingress to the drive in facility were discussed by Mr. Green and members of the Council. Mr. Green explained that signage details could be included on the landscape plan which would be submitted for approval later. Councilman Dodd made a motion to approve the site plan for the motor bank located at the Northeast Corner of Valley View and Branch View Lanes, as recommended by the Planning and Zoning Commission, conditioned that a landscape plan and underground irrigation plan be submitted and approved prior to a certificate of occupancy being issued and if a dumpster is ever needed for the motor bank, the dumpster location is to be shown on the site plan and brought back to the Planning and Zoning Commission and the City Council for approval. Vol. 35, Page 92 Councilwoman Dingman seconded the motion and asked to amend the motion to include the signage plans be submitted on the landscape plans. Councilman Dodd accepted the amendment. The motion and amendment passed with all voting "aye". MAYOR BINFORD RETURNED AND CHAIRED THE MEETING. AGENDA ITEM NO. C. 3 CONSIDER AUTHORIZING THE EXECUTION OF A DEVELOPER'S CONTRACT WITH GEORGE G. STEELE FOR STEWCO DEVELOP- MENT SUBDIVISION NUMBER SIX. Mayor Binford opened the discussion by giving the following information from an administrative memo. The Developer's Contract provides for the installation of the necessary public improvements for Stewco Development Subdivision Number Six in accordance with the City's Subdivision Ordinance. After reviewing the contract, a motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", authorized the City Manager to execute a Developer's Contract with George C. Steele for Stewco Development Subdivision Number Six, and acc- epted a Hold Harmless Agreement. AGENDA ITEM NO. C. 4 CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF STEWCO DEVELOPMENT SUBDIVISION NUMBER SIX. Mayor Binford opened the discussion by giving the following in- formation from an administrative memo. This tract of land is located on the east side of Havenhurt Street and is in a PD-5 (LI) zoning district. This final plat has been reviewed by the Engineering Division and it complies with the City's requirements for final plat approval. A site plan has been approved and a Developer's Contract is required for this project. A motion by Councilman Weidinger, A second by Councilman Haggerty, all voting "aye", approved the Final Plat of Stewco Development Subdivision Number Six as recommended. AGENDA ITEM NO. C. 5A & C. 5B CONSIDER RECOMMENDATION, OF THE OLD FARMERS BRANCH STUDY COMMITTEE AND TAKE APPROPRIATE ACTION. Mayor Binford opened the discussion stating this item was placed on the agenda at the request of the Old Farmers Branch Study Committee. Mr. Mark Seiley, 14405 Hague St., presented this request on behalf of the Old Farmers Branch Study Committee. The Old Farmers Branch Study Committee recommends through recent studies they have done on the Old Gilbert Property that funds be allocated from the Hotel Occupancy tax fund in the amount of $6,500.00 for: a. Waterproof the roof Estimate cost of $4,100.00 b. Install fire alarms and fire extinguishers Estimate cost of $1,500.00 c. Repair large trees around the house Estimate cost of $875.00 Vol. 35 Page 93 The Old Farmers Branch Study Committee recommends that a Committee be appointed.,"a historical renovation committee",to begin work on reviewing consultants qualifications, the selection of consultants and the proceeding with the restoration work on the Gilbert Home. This committee should consist of approximately 6 citizens as a min- imum work force to work with the Parks Department and Park Board, and the Old Farmers Branch Study Committee. This committee will be responsible for the restoration of the Gilbert Home, and to select a proper historical preservation consultant to submit a proposal. The committee would also decide whether or not this was the proper proposal to bring the house to its recommended condition. It is also recommended by the Old Farmers Branch Study Committee that one member of the old Farmers Branch Study Committee be appointed to this renovation committee. After some discussion relating to the forming and responsibilities of a renovation committee, a motion by Councilman Dodd, a second by Councilwoman Dingman, all voting "aye", accepted the recommendation of the Old Farmers Branch Study Committee of allocating $6,500.00 of the Hotel Occupancy tax funds for the repairs listed to the Gilbert Property, and that further study be done by the City Staff, the Parks & Recreation Board and the Old Farmers Branch Study Comm- ittee to make a report back to the council on the mechanics and job description for a committee as recommended by the Old Farmers Branch Study Committee. AGENDA ITEM NO. C. 6 CONSIDER ALTERNATIVE DESIGNS FOR WIDENING MARSH LANE FROM BROOKHF,VEN CLUB DRIVE TO BELT LINE ROAD AND TAKE APPROPRIATE ACTION. Mayor Binford opened the discussion by giving the following infor- mation from an administrative memo. This item is on the Agenda as a result of the decision of the Council at the last meeting. E. D. I. has been invited to make a presentation to the City Council and be prepared to answer questions from the City Council. Mr. Tom Shelton, of E. D. I. was present with up-to-date status on contracts with the City of Addison and the City of Farmers Branch. E.D.I. was hired to analyze Marsh Lane from Brookhaven Club Road and Belt Line Road and come up with an alternative design on how to widen the road. E.D.I. has initiated an alternative process, but it is not a final alternative, it is merely a concept plan. Mr. Shelton explained that he was going to explain two alternatives and get input from the Council to take back to the Committee to address the concerns. One alternative plan indicates 5 lanes, two lanes southbound on the west side area and three lanes northbound on the east side separated by a median. The other alternative plan indicated 6 lanes, three lanes southbound and three lanes northbound separated by a median. Discussions relating to pathway systems; noise barriers; traffic projections; the preservation of the trees; and of whether Farmers Branch would benefit to the extent of the cost were discussed by Members of the Council and Mr. Shelton. Vol. 35, Page 94 Joel Roebuck, Chairman of the Streets and Roads Committee of The Chamber of Commerce which serves Addison, Coppell, Carrollton, and Farmers Branch was present and commented in favor of improv- ing Marsh Lane. Mr. Roebuck stated that the consensus priority of the Committee that was selected in February of this year was for Marsh Lane to be improved between Brookhaven Club Drive and Belt Line Road. Mr. Marvey Moore, 14506 Oakmont stated that his property backs up to Marsh Lane and he asked that every consideration possible be made to make sure the road is safe, and to control the noise. Mr. Dick Chapman..., 14468 Tanglewood, Member of Parks and Recrea- tion Board, expressed concern as a resident of the area, about the possibility of alcoholic beverages sales across the area from Marsh Lane in Addison and was concerned that beer sales at this location will be available soon. Mr. Chapman expressed this con- cern stating we don't want to overlook this in our total concept. Mr. Chapman stated we do want a safe street. Mr. Robert Wood, 14312 Tanglewood expressed his concern over the continuance to abide by the alcoholic beverage sales alone Marsh Lane. Mr. Wood stated that the problems of safety on Marsh Lane would not be solved by increased traffic, or cutting down the trees. If all the trees are ripped down and nothing is done to abate noise, then his family will have no choice except to give up their home. Mr. Wood expressed concern that Marsh Lane might become another night club area. Further discussions relating to possible ways to abate noise; by possibly lowering the grade of the street; of providing a land- scape plan and a pathway system;and the pros and cons of the two alternative plans presented, were held by Members of the Council. Councilman Haggerty made a motion to approve the 5 lane concept as presented, and authorized the appointing or hiring of an eng- ineer to continue the study through the additional phases for widening Marsh Lane from Brookhaven Club Drive and Belt Line Road. Councilman Weidinger seconded the motion. The motion carried 3 to 2 with Council Members Haggerty, Weidinger and Dingman voting "aye", and Councilman Dodd and Johnson voting "nay". Councilwoman Dingman requested the City Staff to work on a land- scape plan and a pathway plan whenever feasible. AGENDA ITEM NO. D. 1 CONSIDER PLACING STOP SIGNS AT WEST INTER- SECTION OF GOLFING GREEN AND BROOKHAV'EN CLUB DRIVE AND TAKE APP- ROPRIATE ACTION. This item was placed on the agenda at the request of Councilman Haggerty. Councilman Haggerty explained that there had been several accidents at this location, and that there was a need for stop signs. Vol. 35, Page 95 After some discussion of whether the intersection warranted 4 way stop signs, Councilman Haggerty made a motion to place 4 way stop signs at west intersection of Golfing Green and Brook- haven Club Drive. Councilman Johnson seconded the motion. The motion carried 4 to 1 with Council Members Haggerty, Johnson, Dodd and Weidinger voting "aye", and Councilwoman Dingman voting "nay". AGENDA ITEM NO. D. 2 CONSIDER HIRING CONSULTANT TO STUDY THE UTILIZATION OF CITY EQUIPMENT AND TAKE APPROPRIATE ACTION. Mayor Binford opened the discussion by giving the following information from an administrative memo. This item is on the Agenda as a result of the discussion at the last Council Study session. Mayor Binford stated that the firm of Peat, Marwick & Mitchell & Co. were asked to prepare and present a proposal. Mr. Jim Green, with Peat, Marwick & Mitchell stated they had prepared a proposal for the City of Farmers Branch to analyze the City's equipment utilization, maintenance and procurement. Mr. Green explained the scope and, objectives for the study that would provide the City Management and City Council with guid- ance and direction in the setting of policies regarding: o appropriateness of present equipment inventory; o purchase versus leased equipment; o replacement criteria; o centralized versus decentralized or contracted maintenance; o administrative reporting; Mr. Green explained they would conduct the study to review equip- ment and develop recommendations to present to the City Council on areas for potential improvements in equipment utilization, maintenance and procurement process. Mr. Green presented qualifications of the professional staff who would be conducting the study. A progress report will be given to the City Manager and City Council on August 28th and the presentation of the draft report on September 4th. The cost of the project is estimated to be $11,340.00. After some discussion to compressed natural Councilman Weidinger, "aye", authorized the Marwick & Mitchell to of City equipment and that the issue of conversion from gasoline gas was included in the study, a motion by a second by Councilman Dodd, all voting City Manager to sign an agreement with Peat, engage in a project of study and utilization the cost not to exceed $11,340.00. Vol. 35, Page 96 AGENDA ITEM NO. D. 3 CONSIDER PASSAGE OF AN ORDINANCE AUTHORIZING ISSUANCE OF $600,000.00 CITY OF FARMERS BRANCH, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION. Mayor Binford recognized Fiscal Agent J. C. Hall to present the bids. Mr. J. C. Hall, First Southwest Co. of Dallas explained that bids were opened at 6:00 P.M. A total of 8 bids were received. The low bidder was Dean Witter, Reynolds Securities Co. with 9.232330 average interest rate. High bid was 9.90% from National Bank of Commerce, Dallas. Mr. Hall recommended the bid be awarded to the low and best bidder. After some discussion, Councilman Johnson made a motion to adopt the following captioned Ordinance #1352. Councilman Weidinger seconded the motion. The motion carried, with Council Members Johnson, Weidinger, Dingman and Haggerty voting "aye", and Council- man John Dodd voting "nay". AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, AUTHORIZING THE ISSUANCE OF $600,000 "CITY OF FARMERS BRANCH, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1981 A" DATED SEPTEMBER 1, 1981, AS AUTHORIZED BY ARTICLE 2368a.1, V.A.T.C.S.: MAKING PROVISION FOR THE PAYMENT AND SEC- URITY OF SUCH OBLIGATIONS: PROVIDING FOR THE SALE AND DELIVERY THEREOF: AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE PURPOSES AND SUBJECT OF THIS ORDINANCE. AGENDA ITEM NO. D. 4 CONSIDER AUTHORIZING PAYMENT FOR PIPELINE EASEMENT ACROSS CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD. Mayor Binford opened the discussion by giving the following information from an administrative memo. Centre Development Company, Inc. and Woodbine Development Corporation entered into Developer's Contracts with the City for the development of Valwood Park- Farmers Branch. The development of this property requires the construction of a 21" sanitary sewer trunk main across the Chicago, Rock Island and Pacific Railroad. The City's application for a pipeline easement for this sanitary sewer main has been approved; however, the Chicago, Rock Island and Pacific Railroad Company is requiring payment of $3,000.00 for the pipeline easement. The City Staff recommends that the city Council approve and authorize the payment of the $3,000.00 fee for the pipeline easement to further expedite the acquisition of this easement and eliminate the major obstacle to construction of the 21" sanitary sewer trunk main. After some discussion, a motion was made by Councilman Johnson, a second by Councilman Haggerty, all voting "aye" approved and authorized payment of $3,000.00 to the Chicago, Rock Island and Pacific Railroad Co. for a pipeline easement. Vol. 35, Page 97 AGENDA ITEM NO. D. 5 CONSIDER AUTHORIZING THIRD QUARTER PAYMENT OF 12,436.00 TO THE DALLAS COUNTY APPRAISAL DISTRICT AND APPROPRIATING FUNDS. Mayor Binford opened the discussion by giving the following information from an administrative memo. The City has received a statement from the Dallas County Appraisal District. The District has requested payment of 20% for the first 2 quarters and 30% for quarters 3 and 4. The current request is for the third quarter in the amount of $12,436.00 or 30% of $41,452.00. The funds for payment to the District were not approved in the 1980-81 budget. This will be the last payment due the District from the current budget. The 4th quarter payment will be due in October and will be paid from the 1981-82 budget. It is recommended the 3rd quarter payment to the Dallas County Appraisal District be paid under protest in the amount of $12,436.00 and a like amount be appropriated in the 1980-81 budget. Councilman Johnson made a motion to discuss this item in the Executive Session and take necessary action after the Executive Session. Councilman Dodd seconded the motion, and all voted "aye". AGENDA ITEM NO. D. 6 CONSIDER AUTHORIZING THE PAYMENT OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ANNUAL MEMBERSHIP DUES. A motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye", authorize payment of the 1981-82 membership dues of $2,595.00 to the North Central Texas Council of Govern- ments. 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, E. 4, NO ACTION NECESSARY. Vol. 35, Page 98 AGENDA ITEM NO. E. 5 A motion by Councilman Johnson, a second by Councilman Haggerty, all voting "aye", authorized the third quarter payment to the Dallas County Appraisal District be paid under protest in the amount of $12,436.00 and a like amount be appropriated in the 1980-81 budget. AGENDA ITEM NO. F. 1 ADJOURNMENT A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", adjourned the City Council Meeting of August 17th, 1981 at 10:24 P.M. Ma r Bill B nfor Z ~ City Sgdrettary Vol. 35, Page 99