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1982-09-13 CC MinutesCITY OF FARRIERS BRANCH C CITY COUNCIL MINUTES OF A REGULAR MEETING SEPTEMBER 13, 1982 7:30 P.M. COUNCIL CHAMBER POLICE BUILDING The following members of the City Council were present: Mayor Mayor Pro Tem Council Members John Dodd Carol Dingman David Blair Fred Johnson Bill Glancy Herb Weidinger The following members of the City Administration were present: City Manager City Secretary City Attorney Recording Secretary Paul M. West J. W. Wade John Boyle Ruth Ann Parish Mayor Dodd called the City Council meeting of September 13, 1982 to order at 7:30 P.M. The meeting was televised. AGENDA ITEM NO. A.1-INVOCATION. Councilman Fred Jonnson gave the invocation. MAYOR DODD RECOGNIZED RAMONA UPFIELD, REPRESENTATIVE OF FARMERS BRANCH'S SISTER CITY, BASSETTLAW. ENGLAND. Mayor Dodd recognized Ramona Upfield. Ms. Upfield presented a special achievement award to the City of Farmers Branch from the International Sister City Conference. She stated that there is a similar award to be given to the Sister City when they visit Farmers Branch in October. AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AWARDS. Mayor Dodd presented Jackie Cessna, of the Finance Department, a 10 year service award. Vol. 37, Page 140. AGENDA ITEM NO. B.2-PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd explained that this item is placed on the agenda to give citizens an opportunity to present applications to the Council for serving on any of the various advisory boards. Ms. Peggy Fournier, 3012 Golfing Green, presented an application to the Council desiring to serve on the Drainage Study Committee. Mr. Jerry Smith, 2508 Rugby, presented an application to the Council desiring to .serve on the Drainage Study Committee. Mr. Henry Lucas, 14405 Valley Hi, presented an application to the Council desiring to serve on the Drainage Study Committee. Councilwoman Dingman presented two applications to the Council for Mr. Ben Frierot, 14323 Valley Hi, and Mr. Jay Rosen, 3216 Brookhaven Club Drive, desiring to serve on the Drainage Study Committee but unable to attend the Council meeting this night. AGENDA ITEM NO. B.3-CONSENT ITEMS. Mayor Dodd explained that under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member,of the Council or member of the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion.- The concept for the consent items is being established in order to speed up discussion for those items that need more time for discussion. Councilman Johnson made a motion, Councilman Weidinger seconding, all voting "aye", that the following consent items be approved with two corrections to the minutes of the August 30, 1982, regular meeting. a. Approved the minutes of the August 30, 1982 regular meeting with a correction on Page 126, third paragraph,, first sen- tence substituting the word "legal" with the word "counsel" and on Page 128, sixth paragraph, substituting the word "Elect" with the word "Nominee". b. Approved the following captioned Ordinance No. 1402 amending franchise agreement with Brookhaven Country Club for a Utility System: "An Ordinance Of The City Of Farmers Branch, Texas Amending Ordinance No. 1197 Finally Passed on the 7th Day of August 1978 Which Granted A Franchise To Use, Operate And Maintain A Utility System Within A Dedicated Public Street Right-Of- Way To Brookhaven Country Club By Amending Section 3 Of Said 1 Vol. 37, Page 141. Ordinance To Approve An Additional Utility System Location; Retaining All Other Provisions And Sections Of Said Ordinance No. 1197•" ITEM NO. C.1-DISCUSS SIGN ORDINANCE REGULATIONS PERTAINING TO REAL ESTATE AND GARAGE SIGNS. Mayor Dodd opened the discussion with the following information from an Administrative memo. This item has been placed on the agenda at the request of George Kaplan of 3818 Blue Trace. Mayor Dodd recognized Mr. Kaplan. Mr. Kaplan stated that he was con- cerned about the ordinance pertaining to real estate signs and garage sale signs. He stated that the City Staff contacted him this date and satisfied his questions on the real estate signs. Mr. Kaplan stated that all residents shouldn't be penalized because a few residents abuse the use of garage sale signs. Mr. Kaplan expressed a concern that garage sale signs should be allowed to be pllaced in medians, and rights-of-way as same as real estate signs. Mr. Kaplan stated that the size and time limitation,could be enforced by the city. After some discussion of the placement of garage sale signs, Councilman Glancy made.a motion referring this concern back to the city staff for review of the ordinance regulating garage sale signs and commercial real estate signs on the aspects discussed and present back to the Council with. recommendations. Councilman Weidinger seconded the motion and all voted "aye". The motion carried unani- mously. ITEM NO. C.2-DISCUSS ELEVATION OF REPLACEMENT BRIDGES ON JOSEY LANE AT FARMERS BRANCH CREEK AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The City Staff has prepared another alternative location for the proposed replacement bridges on Josey Lane at Farmers Branch Creek. This additional alternative was to =place the new bridges with th.e lowest structure 1 ft. above the 100 year flood plain assuming that all of the down stream improvements to Farmers Branch Creek as proposed by Freese & Nichols in the Storm Drainage Study were completed. The City Staff recommended to the Council that the proposed replace- ment bridges on Josey Lane be constructed with the lowest structure of the bridge one foot (11) above the projected one hundred year flood plain elevation. Mayor Dodd recognized the following people who were present interested in this item: Alma King, Dottie McKee, Frank McKee, Jim and Andrea Dyer, Vernon Smith and Jack Pugh. Mayor Dodd recognized Jim Smith, of 3811 tray Meadow. Mr. Smith questioned the alternative proposals that had been offered by the City Staff. Vol. 37, Page 142. Mayor Dodd recognized the City Engineer, John Porterfield. Mr. Porterfield explained the following proposals. 1. Construct the replacement bridges below the 100 year flood plain elevation at approximately the same elevation as the existing bridges. 2. Construct the replacement bridges 1' above the 100 year flood plain assuming that only minimal downstream improvements to Farmers Branch Creek will be made. This would require raising the roadway of the proposed bridges approximately 7' above the roadway of the existing bridges. 3. Construct the replacement bridges 1' above the 100 year flood plain assuming that most of the downstream.improvements to Farmers Branch Creek as proposed by Freese & Nichols, Inc. in the Storm Drainage Study are to be made. This would require raising the roadway of the proposed bridges approximately 4.5' above the roadway of the existing bridges. This would place the lowest structure of the bridge 1' above the one hundred flood plain if most of the downstream improvements to Farmers Branch Creek as proposed were completed. City Manager, Paul West, stated that there was a fourth alternative discussed at the last meeting on this item to construct the replacement bridges below the 100 year flood plain elevation at approximately the same elevation as the existing bridges assuming that most of the downstream improvements to Farmers Branch Creek as proposed by Freese & Nichols, Inc. in the Storm Drainage Study are to be made. Mayor Dodd recognizedAMs. Andrea Dyer, of 12305 Wood Manor. Ms. Dyer asked what the effect of downstream improvements would be to the property owners backing up the the creek. City Engineer, John Porterfield, stated that Option 1 would have no impact upon the property along the creek. He stated that Option 2 would have no impact on the creek property downstream but that the flood plain would be reduce by 1 ft. on the property upstream. Mr. Porterfield stated that Option 3 would involve taking the dams out, channelization and would limit the amount of water in lakes so that the lake area would be smaller. Mayor Dodd recognized Mr. Jim Smith, of 3811 Bay Meadow. Mr. Smith asked why the proposed bridges on Josey had to be constructed so high according to the flood plain when the newly constructed bridges on Ford Road, Webb Chapel and Denton Drive were not high bridges. City Engineer, John Porterfield, stated that the bridges at Ford Road, Webb Chapel and Denton Drive were built upon information and studies available at that time. Mr. Porterfield stated that the information had been updated and had changed since that time. Mayor Dodd recognized Mr. Vernon Smith, of 2715 Bay Meadow Circle. Mr. Smith stated that he had attended a public meeting September 3, 1982 on the bridges and that approximately 40 people had attended. He stated that there were three or four reasons for flooding along the Vol. 37, Page 143. I creek and that he felt that raising the bridges would not solve any problems. Mr. Smith stated that debris backing up along the railroad trestles on Denton Road form as a dam. He also stated that people cutting down trees upstream and other debris thrown into the lake that blocks the creek also causes a major problem. Mr. Smith was in favor of lining the bridges underneath with concrete, keeping the bridge level as it is now and making downstream improvements. Mr. Smith was in favor of Option #1 . Mayor Dodd asked by the show of hands who were in favor of Option #1. Approximately 16 hands showed in favor. Mayor Dodd recognized Mr. Odie Harrelson, of 2888 Reedcroft. Fir. Harrelson stated that he was opposed to a high bridge because it would adversely effect his property. He stated that he supported Option #1. After some discussion of the drainage study by Freese.& Nichols addressing the alleviation of flooding by improving the drainage in the flood plain and not the livability or aesthetics of the area, Councilman Johnson made a motion to accept option #1 of constructing the replacement bridges at approximately the same elevation as the existing bridges and authorized the City Administration to adver- tise for bids for these bridges. Councilman Weidinger seconded the motion. The motion carried 3 to 2 with Councilmembers. Johnson, Weidinger and Dingman voting "aye", and Councilmen Blair and Glancy voting "nay". ITEM NO. C.3-CONSIDER RECOMMENDATION OF HISTORICAL PRESERVATION AND RESTORATION BOARD AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Maryann Chapman, Chairman of the Historical Preservation and Restoration Board will present a recommen- dation to the Council pertaining to rezoning the Historical Property. The Board is recommending that all property purchased with the Hotel- Motel Tax Funds for historical preservation be zoned Historical. Mayor Dodd recognized Maryann Chapman, 14466 Tanglewood. Mrs. Chapman chairperson of the Historical Preservation and Restoration Board, stated at the.July meeting the Board unanimously voted to request the City Council to zone all of the property the city has purchased on Farmers Branch bane to "H", Historical zoning. She stated that at the present time only the area around the rock house is zoned "H"'. Councilman Blair made a motion to instructing the staff to begin appropriate procedures for accomplishing the "H" zoning as requested by the Historical Preservation and Restoration Board. Councilman Glancy seconded the motion and all voting "aye". The motion carried unanimously. ITEM NO. C.4-PUBLIC HEARING ON THE 1982-1983 OPERATING BUDGET AND Vol. 37, Page 144. Mayor Dodd opened the public hearing with the following information from an Administrative memo. This public hearing is required by the City Charter and the Federal Revenue Sharing laws. It is recommended that Ordinance #1396, providing funds for the fiscal year beginning October 1, 1982, and ending September 30, 1983, by approving the budget for said period, be approved. Mayor Dodd recognized Ray Flaherty, 13.220 Challaburton. Mr. Flaherty stated that he would like two items in the General Government heading in the amounts of $24,500 for the Northwest Service Center and the Office on Aging and $14,000 for the Family Outreach Center to be fully explained in the published budget. No one else wished. Councilman Weidinger made a motion to close the public hearing. Councilman Glancy seconded the motion with all members voting "aye". The public hearing was closed. Councilwoman Dingman listed and discussed the Capital Improvement Projects. Councilman Johnson made a motion to adopt Ordinance #1396 with an amendment that $100,000 be added to the street overlay program with an offsetting $100,000 to be deducted from other general fund expen- ditures at the descretion of the City Administration making the Total Budget $16,173,145• including $3,003,513..transfer to the. Capital Improvement Fund. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried. The Council adopted the following captioned Ordinance #1396: "An Ordinance Of The City Of Farmers Branch, Texas, Providing Funds For The Fiscal Year Beginning October 1, 1982, And Ending September 30, 1983, By Approving The Budget For Said Period And Appropriating And Setting Aside The Necessary Funds Out Of The General And Other Revenues Of The City Of Farmers Branch For Said Fiscal Year For The Maintenance And Operation Of Various Departments And For Various Activities And Improvements Of The City;. And Declaring An Emergency". ITEM NO. C.5-PUBLIC HEARING ON THE 1982 TAX RATE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the public hearing with the following information from an Administrative memo. This public hearing is required by State Law. It is recommended that Ordinance #1397, setting the 1982 tax rate, be approved. !Mayor Dodd recognized Mr. Charles F. Street, 2717 Selma. Mr. Street stated that the Dallas County Appraisal District appraised his pro- perty at twice the amount that he originally paid and that the taxes would therefore have to be higher. Vol. 37, Page 145 After a discussion relating to the Appraisal District, Councilman Blair made a motion to close the public hearing. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried. The public nearing was closed. Councilman Blair made a motion to adopt Ordinance No. 1397, setting the 1982 tax rate at $.40 per $100.00. Councilman Glancy seconded the motion with all members voting "aye". The motion carried.. ITEM NO. C.6-CONSIDER ORDINACE #1398 UPDATING TMRS SERVICE CREDIT AND TAKE APPROPRIATE AGTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Ordinance x#1398 will update Texas Municipal Retirement Service credit for city employees who have at least three years of.service with the City of Farmers Branch. This update will provide for TMRS calculation of salaries received during the last three years of service with the City of Farmers Branch. Only service credited to the City of Farmers Branch will be updated. Service credited to another city will not be included in the update. The City Staff has calculated the cost of the update to be approxima- tely $33,750. for fiscal year 1982-83. When Social Security was dropped in 1982, the City Staff estimated a 10.84% of salary payment to TMRS. The percentage has dropped to 9.98%. The City Staff has received the actual cost for the updated service which is 10.43A which is below the estimate of 10.84% and well below the actual cost of $15.149 had we continued with Social Security. Expense of this update has been included in the 1982-83 Operating Budget. Councilman ~ieidinger made a motion to adopt Ordinance ##1398, authorizing and allowing "updated service credits". Councilman Blair seconded the motion with all members voting "aye". The motion carried. The Council adopted the following captioned Ordinance #1398: "An Ordinance Authorizing And Allowing, Under The Act Governing The Texas municipal Retirement System, * 'Updated Service Credits" In Said System For Service.Performed By Qualifying Members Of Such System In The Employment Of the City of Farmers Branch; Providing For Increased Prior And Current Service Annuities For Retirees And Beneficiaries Of Deceased Retirees Of The City; And Establishing An Effective Date For Such Actions". Mayor Dodd suggested that Item No. C.7, C.8 and C.9 be heard and voted on at the same time. ITEM NO. C.7-CONSIDER ORDINANCE #1400 GRANTING PERMISSION TO OPERATE A TAXICAB FRANCHISE WITHIN THE CITY TO YELLOW CHECKER TAXICAB COMPANY AND TAKE APPROPRIATE ACTION. Vol- 37, Page 146. ITEM NO. C.8-CONSIDER ORDINANCE #1401 REGULATING THE OPERATION OF TAXICABS WITHIN THE CITY OF FARMERS BRANCH AND TAKE APPROPRIATE ACTION. ITEM NO. C.9-CONSIDER ORDINANCE #1399 FIXING RATES TO BE CHARGED BY TAXICABS OPERATING WITHIN THE CITY OF FARMERS BRANCH AND TAKE. APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from Administrative memos. On July 6, 1982, the Yellow Checker Taxicab Company filed an application with the City Secretary's Office requesting permission to operate a taxicab franchise within the City. The City Council must approve all applications for operating fran- chises. The-Yellow Checker Taxicab application was filed in accor- dance with Ordinance No. 501 dated September 8, 1964• By granting Ordinance #1400, an operating franchise to Yellow Checker Taxicab, the City Staff felt that the taxicab service in the City could be improved and serve to encourage new services for the City. Ordinance #1401 will update the franchising process and permit the issuance of operating license within the city to taxicab operators who hold a franchise with a city in Dallas County with a population in excess of 100,000. Ordinance #1399 will provide the same rates. as presently being charged within the City of Dallas. Mr. Garshasb Bigvand from Yellow Checker Taxicab Company will be present to answer the Council's questions. Mayor Dodd recognized Mr. Garshasb Bigvand. Mr. Bigvand presented his request to operate a taxicab service in the City of Farmers Branch. He also stated that he intended to allow a 10% discount to senior citizens and work with the Police Department in the Neighborhood watch Program. Possible cab stand locations were discussed and Mr. Bigvand's procedure for getting a cab to the desired location. After discussion between Councilmembers and Mr. Bigvand, Councilman Johnson made a motion to adopt Ordinance #1399,. #1400 and #1401 per- taining to taxicab ordinances. Councilman Glancy seconded the motion with all members voting "aye". The motion carried. The Council adopted the following captioned ordinances: "Ordinance #1399-An Ordinance Of The City Of Farmers Branch, Texas, Fixing Rates To Be Charged By Taxicabs Operating Within The City; Providing For A Penalty; Providing A Severability Clause; And Declaring An Emergency" "Ordinance #1400-An Ordinance Of The City Of Farmers Branch, Texas Repealing Ordinance Numbers 236 And-293 And Establishing An Ordinance Granting A Franchise To The Hereinafter Named Grantee For The Privilege Of Operating Taxicabs On The Streets, Alleyways And Highways Of The City Of Farmers Branch, Texas For The Purpose Of Transporting Passengers For Hire For A Period As Set Out Herein Vol. 37, Page 147. Upon The Terms And Conditions Hereinafter Mentioned; Providing For A Regulation Of Said Service; Providing For The Termination Of The Grant; Providing For Public Liability Security; Providing For Supervision -by The City Council; Providing A Penalty Not To_Ex.ceed Two Hundred Dollars ($200.0.0) For Each Offense; And Providing The Date When This Ordinance Shall Become Effective" "Ordinance #1401-An Ordinance Of The City Of Farmers Branch, Texas, Repealing Ordinance Numbers 501, 850, 1000 And 1023, And Establishing An Ordinance Regulating The Operation Of Taxi Cabs Within The City; Providing For Franchises; Providing A Penalty Not To Exceed Two Hundred ($200..00) Dollars For Each Offense And Declaring An Emergency". ITEM NO. D.1-CONSIDER PASSING A RESOLUTION APPROVING THE INDUCEMENT AGREEMENT BETWEEN B. F. GOODRICH AND THE CITY OF FARMERS BRANCH INDUSTRIAL DEVELOPMENT CORPORATION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo,. B. F. Goodrich has filed an application for financing from the. Industrial Development Corporation. The Industrial Development Corporation Board met on August 5, 1982 and approved the Inducement Agreement requested by B. F. Goodrich. Approval by the City Council is required prior to any further movement by B. F. Goodrich and the Industrial Development Corporation. Mayor Dodd recognized Mr. Wayne Kirk, Regional Manager for B. F. Goodrich in the Dallas area, and Mr. Art Gilbert, Manager of the Corporate Finance Office for B. F. Goodrich. Councilmembers presented questions and discussed with Mr. Kirk relating to vehicle access to Towerwood, possible increase of truck truffic on Webb Chapel, the percentage of not more than 23% of the business being retail, sales tax, the outward appearance of the retail store, the delineation of the retail and distribution areas and of financing with boils for the distribution portion only. Mayor Dodd recognized Mr. Dan Benson, Senior Corporate Counsel for B. F. Goodrich. Mr. Benson stated that the retail and distribution areas could either be distinguished by sales amount or floor space. City Attorney John Boyle explained the procedure for filing an appli- cation and noted requirements of law for filing. Mayor Dodd explained that the intent of establishing the Industrial Development Corporation was to attract large companies of $1.5 Million or more. The B. F. Goodrich application was for $850,000.00. After more discussion concerning the dual operation, Councilman Johnson.made a motion to deny the request for application for financing from B. F. Goodrich. Councilman Blair seconded the motion and all voted "aye". The motion carried. unanimously. Vol. 37, Page 148. ITEM NO. D.2-CONSIDER AWARDING THE MUNICIPAL DEPOSITORY CONTRACT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. In accordance with State Law, the City advertised and took bids for the Municipal,Contract on September 1, 1982. Bids were solicited from the four banks within the City limits of Farmers Banch. Two bids were received for consideration. Bid packets were delivered to First City Bank-Farmers Branch, Texas American Bank-Farmers Branch, Town North Bank and Metropolitan National Bank. Bids were received from First City Bank-Farmers Branch and Metropolitan National Bank. First City Bank-Farmers Branch sub- mitted the best bid based on the higher interest rate paid for Certificates of Deposit and no service charges for account processing. Councilman Johnson made a motion to award the municipal depository contract to First City Baru-Farmers Branch. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried. The Council awarded the municipal depository contract to First City Bank-Farmers Branch. ITEM NO. D.3-CITIZEN PARTICIPATION. Mayor Dodd recognized Mr. Jim Smith, 3811 Bay Meadow. Mr. Smith stated that the garbage collectors were knocking down the fence behind Bay Meadow and hitting the fence with their trucks. He wanted to know who was responsible for the fence's repair. The City Manager, Paul West, stated that Mr. Smith needed to meet with the City Staff to alleviate the problem. MAYOR DODD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS, THE 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 AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. E.1-EXECUTIVE SESSION. a. Discuss Personnel Matters - Article 6252-17, Sec. 2(g) b. Discuss Land Acquisition - Article 6252-17, Sec. 2(f) C. Discuss Pending and Contemplated Litigation - Article 6252-17, Sec. 2(g) THE COUNCIL RECONVENED INTO GENERAL SESSION. Vol. 37, Page 149. AGENDA ITEM NO. E.2-CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Councilman Weidinger made a motion to appoint Charles Hebert to be an alternate to the Zoning Board of Adjustment and the Building Board Code of Appeals with a term to expire December 1, 1983. Councilman Glancy seconded the motion with all members voting "aye". The motion carried. The Council appointed Charles Hebert to be an alternate to the Zoning Board of Adjustment and the Building Board Code of Appeals with a term to expire December 1, 1983• AGENDA ITEM NO. E.3-CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Nothing was discussed. AGENDA ITEM NO. E.4-CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Nothing was discussed. AGENDA ITEM NO. F.1-ADJOURNMENT. Councilman Johnson made a motion to adjourn the meeting. Councilman Blair seconded the motion with all members voting "aye". The motion carried. The meeting of September 13, 1982 was adjourned at 9:51 P.M. n y secretary I- Vol. 37, Page 150.