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1981-12-21 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING DECEMBER 21, 1981 COUNCIL CHAMBER POLICE BUILDING The following members of the City Council were present: Mayor Pro Tem Herb Weidinger Council Members: John Dodd Fred Johnson Carol Dingman Pat Haggerty The following members of the City Council were absent: Mayor Bill Binford 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 Jo Anne Stine Mayor Pro Tem Weidinger called the City Council meeting of December 21, 1981 to order at 7:30 P.M. The meeting was televised. AGENDA ITEM NO. A.1-INVOCATION City Secretary, J.W. Wade gave the invocation. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES Councilwoman Dingman asked why an agreement had not been drawn between City of Farmers Branch and City of Addison as had been agreed at the City Council meeting December 7, 1981. City Manager stated it was an oversite, agreement has been prepared and sent to Addison. Upon a motion by Councilman Dodd a second by Councilman Johnson all voting "aye" approved the minutes of the meeting of December 7, 1981 with the following correction. On Page 49 of Volume 36, under Agenda Item C.3 Councilman Haggerty made a motion which did not pass to amend definitions to delete Country Clubs. Vol. 36, Page 59 AGENDA ITEM NO. B.1-PRESENTATION OF SAFETY AWARD TO THE CITY Mr. Ron Gochawk, Representative of Southwest Motor Club did not appear. Councilman Johnson made a motion, second by Councilman Dodd, all voting "aye" that this Item be delayed on Agenda pending arrival of representative for Southwest Motor Club. AGENDA NO. B.2-PRESENTATION OF SERVICE AWARDS a. Mary Hale of the Staff Services Division was presented with an award for 10 years of service. AGENDA NO. B.3-PRESENTATION OF BOARD APPLICATIONS Three citizens submitted their application for Historical Preservation and Restoration Board. Nancy Lindsay, 12461 Wood Manor Circle, Farmers Branch, Texas Rutha Shakelford, 13635 N. Rawhide Parkway, Farmers Branch, Texas Jari Wilcox, 3342 Dorado Beach, Farmers Branch, Texas AGENDA ITEM NO. C.1-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR AN INDOOR COMMERCIAL AMUSEMENT USE IN A PD-25 (LI) ZONING DISTRICT, REQUESTED BY THE RAMADA INN FOR THE PROPERTY LOCATED AT 13333 STEMMONS FREEWAY AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Weidinger stated this Item was a continuation from the December 7, 1981 meeting. The Ramada Inn is requesting a specific use permit for an indoor commercial amusement use in order to place video type games in the game room to be located off the main lobby. Section 8-104 of the City Zoning Ordinance requires a specific use permit to operate an indoor commercial amusement use in Ll or PD zoning district. Mr. Art Sailing, Manager of Ramada Inn made a presentation as to the needs and desires of the motel. Ramada Inn would like to place video games in a separate room which will be controlled. His intent is only for hotel users; if it became a problem he would rather not have them. Councilman Johnson made a motion to close the public hearing, Councilman Dodd second the motion with all voting "aye". Councilman Haggerty made a motion to approve the request adopting the amendments approved by the Planning & Zoning Commission and limit the hours from 12:00 Noon to 11:00 P.M., Councilwoman Dingman second the motion. The motion did not pass with Council members Haggerty and Dingman voting "aye" and Council members Dodd, Johnson and Weidinger voting "nay". AGENDA ITEM NO. C.2-PUBLIC HEARING: TO CONSIDER AMENDMENTS TO THOROUGHFARE PLAN FOR 1) THE CRESCENT DEVELOPMENT, 2) CENTRE- LUNA LBJ DEVELOPMENT, 3 VALLEY VIEW LANE FROM IH 3 E TO LUNA ROAD, AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Weidinger stated that the City Staff has been working with several Developers in the Valley View Lane/Luna Road area on a Master Street and Thoroughfare Plan. Due to Vol. 36, Page 60 the proposed high density uses for properties in this area, the City Staff and the Developers are proposing to amend the exis- ting Thoroughfare Plan. Mayor Pro Tem Weidinger opened the public hearing: Mr. Bill Foust (property owner) informed the Council that he had not seen hard line drawings on how his property would be affected. He felt property owners should have more information. Mr. Jack Frazier, Frazier, Inc., 1930 Valley View stated that since he must do a lot of shipping and a lot of coming and going from his property, he wants 6 lanes and openings from his office to the freeway so his trucks can easily get in and out. Mr. Jay Schaefer (owner of Hyline Electric Co.)2121 Valley View Lane feels we should widen Valley View toward the east. He felt no need to widen it to the west. Mr. Ken Dorch, officer with Bonneau Company, 160.1 Valley View objects to giving up property when he is not really sure it is necessary. When he bought the property it was with the under- standing that Valley View would have 6 lanes. Mr. Les Clark, Classic Cars on Valley View feels he does not have enough information; at this point he feels it will take up to 30 feet of his property. Stated that Valley View has less traffic now that LBJ has been opened. Mr. Gene Vanderburg owner of Vanderburg Drafting Supply stated if he can get in writing that they will not take more than 30 feet of his property then he can live with it. He feels 6 lanes is adequate. Mr. Larry Martin (property owner) objects to 8 lanes, feels 6 lanes is adequate. Mr. Rick Van Heist (employee for Richard Pierce and Assoc.) stated they object to 8 lanes and they are concerned that Keenan Bridge does not tie into the street on the southside at Valley View that is close to that location. The other problem he had was with the statement that was made by the Council that this is a general plan and he felt this is not true. They have streets west of Luna Road that they have provided a definite access point along Luna Road for two streets into the Crescent. Mr. John Young (property owner) is opposed to 8 lanes. It will take 40-50 feet of his property of 400 feet. Mr. Craig Knight (Center Development) owns approximately 375 acres of land and they are opposed to the 8 lanes on Valley View. Their consultants have recommended 6 lanes because traffic left turn movements will be more difficult across 4 lanes of traffic. Vol. 36, Page 61 Mr. Everett Milten, Manager of Facility Engineering representing Could, Inc. at 1880 Valley View. He is concerned because he was advised it was exploratory but it appears not to be. He has not had a chance to study data. City Manager stated 8 lanes is proposed for some time in the future. The main purpose is to acquire sufficient right of way to build 8 lanes; in the event traffic demands are consistent with the current development plans. 1 Councilman Dodd made a motion to close the public hearing, Councilman Haggerty second the motion with all Council members voting "aye". After some discussion Councilman Johnson made a motion to take no action. Councilman Dodd second the motion. Council members Johnson, Dodd, Weidinger and Haggerty voted "aye" and Council- woman Dingman voted "nay". Councilman Haggerty made a motion the Council be provided a plan to interface Keenan Bridge Road on the north side of Valley View in the street coming from the south and also to provide some further recommendation if the staff feels it necessary on interfacing of Alfred Circle north of Valley View and the road that intersects on the south. Mayor Pro Tem Weidinger second the motion with all Council members voting "aye". NORTH STEMMONS FREEWAY IN THE PD-25 (LI) ZONING DISTRICT. Mayor Pro Tem Weidinger stated that Almar Realty is proposing to construct two office/warehouse buildings on the property located at 14003 North Stemmons Freeway. The property is with- in a Planned Development Zoning District and site plan approval is required before building permits can be issued. Councilman Haggerty made a motion to approve as recommended by Planning and Zoning. Councilwoman Dingman second the motion, all Council members voting "aye". Attorney Boyle wanted to make clear in #1 as recommended by Planning and Zoning will be a matter for Almar to file and seek from Zoning Board of adjust- ments. Under PD Ordinance we do not have authority to approve #1 as recommended by Planning and Zoning. All Council members voted "aye". AGENDA ITEM NO. C.4-CONSIDER AUTHORIZING THE EXECUTION OF A DEVELOPER'S CONTRACT WITH RICK'S FURNITURE COMPANY FOR STEWCO DEVELOPMENT NUMBER 8. Mayor Pro Tem Weidinger stated that the attached Developer's Contract provides for the installation of the necessary public improvements for Stewco Development Subdivision Number 8 in accor- dance with the City's Subdivision Ordinance. Councilman Johnson made the motion that City Manager be authorized to sign the developers contract and accept the hold harmless agree- ment. Councilman Dodd second the motion, all Council members voted "aye". Vol. 36, Page 62 AGENDA ITEM NO. C.3-CONSIDER REQUEST FOR SITE PLAN APPROVAL. AGENDA ITEM C.5-CONSIDER REQUEST BY RICK'S FURNITURE COMPANY FOR FINAL PLAT APPROVAL OF STEWCO DEVELOPMENT SUBDIVISION NO. 8. Mayor Pro Tem Weidinger stated this tract of land is located at the southwest corner of I.H. 35-E and Valmar Way and is in a PD-25 (LI) zoning district. This final plat has been reviewed by the Engineering Division and it complies with the City's re- quirements for final plat approval. A site plan has been ap- proved for this project. A Developer's Contract is required for this project. Councilman Dodd made a motion to approve the final plat as approved by Planning and Zoning Commission. Councilman Johnson second the motion; all Councilmembers voted "aye". AGENDA ITEM C.6-CONSIDER FOR FINAL PLAT APPROVAL Mayor Pro Tem Weidinger stated that this tract of land on the northwest corner of PD-22 (LI) zoning district. by the Engineering Division requirements for final plat approved for this project. executed for this project. ST BY CF-LBJ PROPERTIES, INC. is located I.H. 635 and Luna Road and is in a This final plat has been reviewed and it complies with the City's approval. A site plan has been A Developer's Contract has been Councilman Dodd~ma,de a motion to approve final plat as approved by Planning and Zoning Commission. Councilman Johnson second the motion and all Council members voted "aye". AGENDA ITEM C.7-CONSIDER REQUEST TO DISCUSS CITY COUNCIL BOARD APPOINTMENTS. Mr. Floyd Brown requested that this Item be placed on the Agenda. Mr. Brown was not present and the City Council took no action. AGENDA ITEM D.1-CONSIDER SUSPENDING THE OPERATION OF APPLICATION OF INTENT TO AMEND TARRIFFS RELATING TO THE FUEL ADJUSTMENT CHARGES FILED BY T.P. & L. COMPANY AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Weidinger stated Texas Power and Light Company filed an application and statement of intent to establish a procedure for approval of payments made to its affiliates in connection with the fuel cost charges appearing each month on customer bills. The attached Resolution will suspend the filing for 120 days. Councilman Dodd made a motion to approve Resolution Number 81-030. Councilman Johnson second the motion with all Council members voting "aye". AGENDA ITEM D.2-CONSIDER ORDINANCE NO. 1372, LEVYING ASSESSMENT RATE ON VALLEY VIEW LANE ASSESSMENT PAVING PROJECT. Mayor Pro Tem Weidinger stated that the City Council held a Public Hearing to consider the assessments on the Valley View Lane Assessment Paving Project on December 7, 1981. Councilman Johnson made a motion to adopt Ordinance 1372. Councilman Dodd second the motion with Council members Dodd, Vol. 36, Page 63 Johnson, Weidinger and Dingman voting "aye" and Councilman Haggerty voting "nay". AGENDA ITEM D.3-CONSIDER THE REQUEST TO ESTABLISH A POLICY FOR THE FARMERS BRANCH PUBLIC LIBRARY CONCERNING ISSUANCE OF NON-RESIDENT CARDS. Mayor Pro Tem Weidinger stated that throughout the years the area public libraries have had an unwritten policy in which any person could obtain a free library card and check out materials from any library in this part of North Texas. This arrangement has been satisfactory to the Farmers Branch Public Library and has not caused undue problems. In recent times, at least two libraries have started charging a non-resident fee for library cards in an attempt to discourage non-resident use. Also one area city does not have a public library and cannot recipro- cate in such an arrangement. That city purchases library cards from the City of Dallas and issues said cards free of charge at their City Hall to their residents. After some discussion Councilman Johnson made a motion to approve the policy as recommended by the Library Board with the exception that Item #1 be amended to read those persons who attend elemen- tary or secondary school in the City of Farmers Branch or Carrollton. This motion would eliminate "with the exception of those persons who work or own business in Farmers Branch or Carrollton". A second to this motion was made by Councilwoman Dingman. All City Councilmembers voting "aye". AGENDA ITEM D.4-CONSIDER APPROVAL OF CHANGE ORDER TO THE CONTRACT FOR CONSTRUCTION OF VALLEY VIEW/ALPHA/MARSH PROJECT. Mayor Pro Tem Weidinger stated that in the meeting on September 8, 1981, the Council authorized the City Staff to install a left turn lane on Josey Lane to Rollingdale. Freeman Paving which has the original contract for the construction of the Valley View/ Alpha/Marsh Project was approached for an estimate for construc- tion of the left turn lane as a change order on the Valley View/ Alpha/Marsh Project. Freeman's estimated price was less than the cost estimated by the City Staff. Councilman Dodd made a motion to authorize City Manager to execute a change order to the contract of Freeman Construction Company for Valley View/Alpha/Marsh in the amount of $8,489.60. Councilman Haggerty second the motion, all Council, members voted "aye". AGENDA ITEM D.5-CONSIDER AUTHORIZING THE EXECUTION OF A CONRACT FOR LIGHTING DESIGN OF DESIGNATED FIELDS AT ATHLETIC COMPLEX. After some discussion as to the need for a consultant and could the City Staff complete the design Councilman Haggerty made a motion to authorize the City Manager to execute a contract with Myrick, Newman, Dahlberg and Partners, Inc. in the amount of $8,600.00 to design, prepare construction documents, conduct bid negotiations and construction observations for lighting of designated fields at the athletic complex. Councilman Dodd second the motion, Council members Dodd, Johnson, Dingman and Haggerty voting "aye". Mayor Pro Tem Weidinger voting "nay". Vol. 36, Page 64 AGENDA ITEM D.6-CONSIDER AUTHORIZING THE EXECUTION OF A CONTRACT FOR DESIGN OF RAWHIDE PARK. After some discussion regarding the need for consultants and the time required by City Staff on various projects Councilman Dodd made a motion to table this Item until the next Council meeting. Councilman Haggerty second the motion. All Council members voting "aye". AGENDA ITEM D.7-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR REFUSE SACKS FOR THE SANITATION DIVISION. Upon a motion by Councilman Dodd and a second by Councilman Haggerty the City Manager be authorized to advertise for bids on refuse sacks. All Council members voted "aye". AGENDA ITEM D.8-CONSIDER AUTHORIZING THE PURCHASE OF AN ENGINEERING COMPUTER Mayor Pro Tem Weidinger stated that the "Master Water System Plan" for the City urgently needs to be revised and updated. Also, the Engineering Division needs to expand its engineering calculation capabilities. Both of these needs are the result of the "growth" of the City. After some discussion Councilman Haggerty made a substitute motion to contract with an engineering firm for use of a computer system and purchase/lease remote terminal with printer. Council- woman Dingman second the motion. After still further discussion mayor Pro Tem Weidinger made a second substitute motion to table this Item and meet with Wang and Holguin people prior to the next meeting. Councilman Dodd second the motion. The motion failed 3 to 2 with Council members Weidinger and Dodd voting "aye". Council members Johnson, Dingman and Haggerty voting "nay". The prior substitute motion failed 3 to 2 with Council members Dingman and Haggerty voting "aye" and Council members Johnson, Dodd and Weidinger voting "nay". The original motion failed 3 to 2 with Council members Dodd and Johnson voting "aye" and Council members Weidinger, Dingman and Haggerty voting "nay". Councilman Haggerty made a motion to have Peat, Marwick, Mitchell and Company study the alternatives and make recommendation to the Council. Should the fee exceed $2,000 the staff will bring this item to the City Council for further consideration. Councilman Dodd second the motion with Council members Dodd, Weidinger, Dingman and Haggerty voting "aye" and Councilman Johnson voting "nay". AGENDA ITEM D.9-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR PIPE AND PIPE FITTINGS FOR THE WATER MAIN REPLACEMENT PRO- GRAM After some discussion Councilman Haggerty made a motion to authorize the City Manager to advertise for bids for pipe and pipe fittings in the water main replacement program. Councilman Dodd second the motion with all Council members voting "aye". Vol. 36, Page 65 THE COUNCIL RECONVENED INTO GENERAL SESSION AGENDA ITEM E.2-CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Councilwoman Dingman moved to appoint Nancy Lindsay, Mary Ann Chapman, Jari Wilcox and Rutha Shakelford to the Historical Preservation and Restoration Board. Councilman Haggerty second the motion with all Council members voting "aye". Councilwoman Dingman submitted her resignation from the Travel Audit Committee with regret. Councilwoman Dingman made a motion to appoint Councilman Haggerty to the Travel Audit Committee. Mayor Pro-Tem Weidinger second the motion with all Council members voting "aye". AGENDA ITEM NO. F.1-ADJOURNMENT A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", adjourned the City Council meeting of December 21,1981 at 12:10 A.M. Mayor Pro Tem Wei inger Ld r City cretary Vol. 36, Page 66