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1983-04-04 CC Minutesi~ CITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING APRIL 4, 1983 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 Fred Johnson David Blair Carol Dingman 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 April 4, 1983 to order at 7:30 P.M. The meeting was televised. AGENDA ITEM NO. A.1-INVOCATION. Councilman Johnson gave the invocation. EMERGENCY ITEMS Mayor Dodd stated that there was an emergency item to be placed on the agenda. Councilman Weidinger made a motion to place Elect Mayor Pro Tem on the agenda as emergency Item C.1-a. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. Vol. 39, Page 19. Councilman Weidinger made a motion to place Item C.9 "Consider Request By Taxicab Franchise Holder To Change The Name Of The Company From Yellow Checker Cab To Golden Cab And Take Appropriate Action" as Consent Item B.1.d. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. A.2-PRESENTATION OF SERVICE AWARDS. Mayor Dodd presented a 5 Year Service Award to Jay D. Hughes and a 10 Year Service Award to Tom McDougald, both of the Community Services Department. AGENDA ITEM NO. A.3-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. Mr. Martin Hall, 13921 Pyramid, presented an application to serve on the Library Board. AGENDA ITEM NO. B.1-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 Glancy made a motion, Councilman Weidinger seconding, all voting "aye", that the following consent items be approved: a. Approved the minutes of the March 14, 1983 regular meeting. b. Approved the minutes of the March 21, 1983 regular meeting. C. Authorized the advertisement for bids for I.H. 35-E roadway lighting repair. d. Approved Resolution No. 83-009 approving the name change of franchise rights by Checker Cab Company to Golden Cab Company. Vol. 39, Page 20. 1 AGENDA ITEM NO. C.1-CANVASS CITY ELECTION RETURNS OF CITY COUNCIL ELECTION OF APRIL 2, 1983. Mayor Dodd declared that one copy of the returns, poll list and tally list of the April 2, 1983 City Council Election was deli- vered to him and has been in his possession until the present time. Mayor Dodd gave the results of the election. He stated that the following number of votes for the following named candidates for the office of Councilman Place 1 were: Name David D. Blair Number of Votes 1235 Mayor Dodd stated that the following number of votes for the following named candidates for the office of Councilman Place 3 were: Name Carol Dingman John Glasschroeder Number of Votes 78 750 Mayor Dodd stated that the following number of votes for the following named candidates for the office of Councilman Place 5 were: Name Herb Weidinger Don Erickson Number of Votes 963 545 A motion by Councilman Johnson, a second by Councilman Glancy, all voting "aye", passed the election order declaring that David D. Blair, having received a majority of the votes cast for the office of Councilman Place 1, be elected to said office to serve after qualifying until the regular municipal election in 1985, and until his successor shall have been elected and shall have qualified; that Carol Dingman, having received a majority of the votes cast for the office of Councilman Place 3, be elected to said office to serve after qualifying until the regular municipal election in 1985, and until her successor shall have been elected and shall have qualified; and, that Herb Weidinger, having received a majority of the votes cast for the office of Councilman Place 5, be elected to said office to serve after qualifying until the regular municipal election in 1985, and until his successor shall have been elected and shall have qualified. Vol. 39, Page 21. Mayor Dodd administered the oath of office to Councilman Place 1, David Blair; Councilwoman Place 3, Carol Dingman; and Councilman Place 5, Herb Weidinger. AGENDA ITEM NO. C.1.a-ELECT MAYOR PRO TEM Councilwoman Dingman made a motion to nominate Councilman Fred Johnson as Mayor Pro Tem. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. Mayor Dodd named Councilman Weidinger as the Council Chaplain. AGENDA ITEM NO. C.2-CONSIDER REQUEST SUPPORTING PASSAGE OF SENATE BILL 1, 2 AND 3 RELATING TO THE OFFENSES OF DRIVING WHILE INTOXI- CATED AND DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE OR DRUG AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. This item has been placed on the agenda at the request of the organization of MADD (Mothers Against Drunk Drivers). Mayor Dodd recognized Ms. Laverne Bartlett, representing MADD. Ms. Bartlett stated that she was trying to form a satellite chapter of MADD in the Farmers Branch area and that she was requesting support from the City Council. She also stated that MADD was working to form a similar student organization of Students Against Drunk Driving (SADD). Councilman Johnson made a motion to adopt Resolution No. 83-009 stating that the City Council of the City of Farmers Branch endorses, supports and recommends passage of Senate Bill 1 relating to the offenses of driving while intoxicated and driving under the influence of a controlled substance or drug and the insurance consequences of those offenses, Senate Bill 2 relating to alcoholic beverages in motor vehicles; providing penalties, and Senate Bill 3 relating to fees for certain licenses for the manufacture, storage, distribution and sale of alcoholic beverages; the creation and administration of an Alcoholic Treatment and Rehabilitation Fund to support community-based treatment and rehabilitation of alcholics and their families. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.3-HEAR STATUS REPORT FROM THE FARMERS BRANCH LIBRARY BOARD AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. This item has been placed on the agenda at the request of Library Board Member Mary Ludwick. Vol. 39, Page 22. Mayor Dodd recognized Ms. Mary Ludwick. Ms. Ludwick gave a sta- tus report on the activities of the Library Board including the following: 1. In January, the Library Board organized a Speaker's Bureau to let different groups know of the Library expansion. 2. On March 17, the Library Board met with the Parks and Recreation Board to discuss the plans for Rawhide Creek Park. Ms. Ludwick presented a container holding statements of affir- mation for the Library expansion from the citizens of Farmers Branch. AGENDA ITEM NO. C.4-HEAR DISASTER AND EMERGENCY MANAGEMENT REPORT BY COL. BILL FLEMING, FARMERS BRANCH REPRESENTATIVE, DALLAS COUNTY RED CROSS BOARD OF DIRECTORS DISASTER SERVICES COMMITTEE). Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. This item has been placed on the agenda at the request of Col. Bill Fleming. Mayor Dodd recognized Col. Bill Fleming. Col. Fleming stated that the City does not have an adequate warning system for tor- nados and other natural disasters. He read an article from a local newspaper siting the damage caused by a tornado to the City of Paris, Texas. Col. Fleming recommended to the City Council the following: 1. A siren disaster warning system adequate to reach all people in Farmers Branch be installed as a matter of first priority. 2. That the system be activated the first day of each month at 6:30 p.m. 3. That the emergency operation center be provided with the most effective communication systems available to manage disaster including telephones, radios and teletypes. 4. That the City instigate an on-going citizen information and education program about emergency and disaster man- agement. 5. And, in the interim, estabish a tornado warning service whereby a Fire or Police Department vehicle drives through the City publicly broadcasting the warning. Vol. 39, Page 23. Col. Fleming asked that the City Council act on the request at this meeting. Mayor Dodd recognized Ms. Cynthia Stanaland, 12220 Brisbane. Ms. Stanaland suggested that citizens be informed about tornado pre- paration plans through the newsletter. Ms. Stanaland also suggested that the Police and Fire Departments and hospitals coordinate their emergency preparation plans. Councilman Weidinger made a motion to upgrade the study on the City's emergency program possible alternate programs. Councilman Johnson seconded the motion with an amendment to the motion to include the coordination of plans with hospitals. Councilman Weidinger accepted the amendment with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.5-PUBLIC HEARING: CONSIDER AMENDING ARTICLE ABD TAKE APPROPRIATEACTION. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. Public hearings have been called as directed by the Planning and Zoning Commission to consider amending the definition of a "Family". Article 8-700 (91) of the City's Zoning Ordinance currently defines "family" as any number of individuals living together as a single house- keeping unit, in which not more than four (4) individuals are unrelated by blood, marriage or adoption. The Planning and Zoning Commission recommends to the City Council that the Zoning Ordinance be amended to read "Any number of individuals living together as a single housekeeping unit, in which not more than two (2) individuals are unrelated by blood, marriage or adoption, neither of which unrelated individual pays rent to any member of the family". Mayor Dodd recognized Mr. Ted Proffitt, 3235 Whispering Oak. Mr. Proffitt stated that he represented the Oakbrook Services Association Board of Directors. He stated that the Oakbrook Services Association was concerned about the leasing and subleasing of property to unrelated individuals causing traffic problems. Mr. Proffitt stated that the Oakbrook Service Association was in favor of the proposed ordinance. Mayor Dodd recognized Mr. Bill Sheveland, 3185 Golden Oak. Mr. Sheveland stated that he was in favor of the proposed ordinance. Mayor Dodd recognized Mr. James W. Smith, 2811 Bay Meadow. Mr. Smith gave a history of neighborhood incidents involving non- related individuals leasing property. He stated that he was in favor of the proposed ordinance. Vol. 39, Page 24. Mayor Dodd recognized Ms. Cynthia Stanaland, 12220 Brisbane. Ms. Stanaland stated that she was in favor of the intent of the ordi- nance but that the ordinance may need to be rewritten to exclude the retired, needy or other individuals who needs to rent a room for income. Mayor Dodd recognized Ms. Mary Ludwick, 13716 Heartside. Ms. Ludwick stated that she was in favor of the intent of the ordinance but in opposition to the ordinance as it now reads because it would eliminate elderly persons of having boarders for needed income. Mayor Dodd recognized Ms. Gail Gatcomb, 2638 Farmers Branch Lane. Ms. Gatcomb stated that she was in favor of the ordinance because of her concern about the upkeep of the neighborhood. Mayor Dodd recognized Mr. Norman Harding, 2859 Joanna. Mr. Harding stated that he was in opposition to the ordinance because of the restrictions on citizens and their churches helping the needy by leasing, at a small fee, their homes. Mayor Dodd recognized Mr. Sidney McKensie, 3407 Mapledale. Mr. McKensie stated that he would like to see the language of the ordinance rewritten to exclude senior citizens. Mayor Dodd recognized Ms. Erna Decker, 12928 Epps Field. Ms. Decker stated that she was in favor of the intent of the ordi- nance but that the wording should be changed to exclude senior citizens. Mayor Dodd recognized Ms. Mary Miller, 2806 Bay Meadow. Ms. Miller stated that she was in favor of the intent of the ordi- nance but that the wording should be changed. Councilman Johnson made a motion to close the public hearing. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. The public hearing was closed. There was discussion concerning an addition to the amendment to the Zoning Ordinance so that it read "Any number of individuals living together as a single housekeeping unit, in which not more than two (2) individuals are unrelated by blood, marriage or adoption, neither of which unrelated individual pays rent to any non-owner member of the family". Councilman Weidinger made a motion to send the item back to the Planning and Zoning Commission with a copy of these minutes. Councilman Glancy seconded the motion. Vol. 39, Page 25. There was further discussion on the enforcement of the proposed ordinance, recommending that the Planning and Zoning Commission seek other alternatives to the problem and a licensing procedure being established for homeowner's renting their property. Councilman Johnson made a substitute motion that this item be sent to the Legal Staff and City Staff and have them bring a revised ordinance back to the City Council in two weeks. Councilman Blair seconded the motion. Councilman Johnson added an amendment to the motion to invite the comments of the Planning and Zoning Commission. Councilman Blair accepted the amendment with Councilmembers Johnson, Dingman, Glancy and Weidinger voting "aye" and Councilman Blair voting "nay". The motion carried by a 4 to 1 vote. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. Public hearings have been called at the request of the Planning and Zoning Commission to determine if a specific use permit should be required to allow benevolence storage and distribution center use in the PD-34 zoning district. The Planning and Zoning Commission recommends that a specific use permit be required for a benevolence storage and distribution center in the PD-34 zoning district. Mayor Dodd recognized Ms. Gail Gateomb, 2638 Farmers Branch Lane. Ms. Gateomb stated that there are storage areas being built on Farmers Branch Lane and that people are inhabiting these. Mayor Dodd recognized Mr. Bill Sheveland, 3185 Golden Oak. Mr. Sheveland stated that there were other non-profit organizations which might benefit from this zoning classification. Councilman Blair made a motion to close the public hearing. Councilman Johnson seconded the motion with all members voting "aye". The public hearing was closed. Councilman Blair made a motion to adopt the following captioned Ordinance No. 1437: "An Ordinance Of The City Of Farmers Branch, Texas, Amending The Comprehensive Zoning Ordinance Of The City Of Farmers Branch, Texas, As Heretofore Amended By Amending Section 8-102 Educational Institutional And Vol. 39, Page 26. AGENDA ITEM NO. C.6-PUBLIC HEARING: CONSIDER AMENDING THE CITY'S Special Uses, By Adding The Use Benevolence Storage And Distribution Center As An Allowable Use With A Specific Use Permit In The PD-34 Zoning District And Being Pro- hibited From All Other Zoning Districts In The City; By Amending Section 8-700 Definitions And Explanations Noted In Use Regulations, By Adding Definition Of A Benevolence Storage And Distribution Center; Establish- ing A Penalty Of Fine Not To Exceed Two Hundred Dollars ($200.00) For Each Offense; Providing A Severability Clause; Providing For Injunctive Relief; And Declaring An Emergency". Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM C.7-PUBLIC HEARING TO CONSIDER AMENDING SECTION 12-103 THAT ESTABLISHES THE PARKING REQUIREMENTS FOR TOWNHOMES, DUPLEXES AND CONDOMINIUMS. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. A public hearing has been called to consider amending Section 12-103 of the Zoning Ordinance so as to specifically state that garages, carports and other parking structures may not be converted to living area, storage or any other use or purpose. The amendment will apply to townhomes, condominiums, duplexes, single-family attached, multi- family attached and apartment dwelling units and apply to tem- porary and permanent conversions. The proposed amendment will not apply to single family detached homes. The Planning and Zoning Commission recommends to the City Council that Ordinance No. 1435 be adopted. Mayor Dodd recognized Mr. Ted Profitt, 3235 Whispering Oak. Mr. Profitt stated that he was in support of the proposed ordinance. Mayor Dodd recognized Mr. Bill Sheveland, 3185 Golden Oak. Mr. Sheveland stated that he was in support of the proposed ordi- nance. He stated that the parking requirements established for townhomes, duplexes and condominiums were adequate, but con- verting the parking areas into living space created traffic problems. Mr. Sheveland stated that many parking eonverstions had already taken place and that if the ordinance was passed these would have to be considered. Councilman Blair made a motion to close the public hearing. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. Councilman Johnson made a motion to adopt the following captioned Ordinance No. 1435: Vol. 39, Page 27. "An Ordinance Of The City Of Farmers Branch, Texas, Amending The Comprehensive Zoning Ordinance Of The City Of Farmers Branch, Texas As Heretofore Amended; By Amending Article 12, Vehicle Parking Regulations, Section 12-103, Special Off- Street Parking Regulations, By Adding Parapgraph (K) Prohi- biting The Converting Of Garages, Carports Or Other Similar Structures Originally Intended And Constructed For The Parking Of Motor Vehicles In Townhomes, Condominiums, Single- Family Attached, Multi-Family Attached Or Apartment Dwellings To Use For Human Habitation, Storage Or Any Other Use Or Purpose Other Than Originally Intended Unless The Required Parking Is Provided Behind The Building Line And On The Lot; Providing A Savings Clause; Providing a Penalty Of Fine Not To Exceed The Sum Of Two Hundred ($200.00) Dollars For Each Offense; Providing For Injunctive Relief; And Declaring An Emergency". Councilman Glancy seconded the motion. After discussion, all members voted "aye". The motion carried unanimously. MAYOR DODD ANNOUNCED A BRIEF RECESS. AGENDA ITEM NO. C.8-CONSIDER REQUEST FOR SITE PLAN APPROVAL AND TAKE APPROPRIATE ACTION. REQUESTED BY JOEL ROBUCK FOR THE PRO- PERTY LOCATED AT THE NORTHWEST CORNER OF MARSH LANE AND GARDEN- BROOK DRIVE IN THE PD-28 ZONING DISTRICT. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Mr. Joel Robuck is requesting an amendment to the approved site plan for the Brookhaven Village Condominium project located at the northwest corner of Marsh Lane and Gardenbrook Drive. Mr. Robuck is pro- posing to reduce the size of some of the units and increase the total number of units on the site. This amendment would effect Phase II of the original site plan only. The Planning and Zoning Commission recommends that the site plan be approved as sub- mitted. Mayor Dodd recognized Mr. Joel Robuck. the Council had expressed concerns at a the original site plan. He stated that following items of concern: 1. Increased the one bedroom unit 820 sq. ft. to comply with the minimum requirement of 800 sq. Mr. Robuck explained that previous meeting about he had addressed the size of 758 sq. ft. to City Zoning Ordinance ft. Vol. 39, Page 28. 2. Increased the number of two bedroom units as compared to one bedroom units. 3. Proposed a new elevation of the outside stairway with landscaping. After discussion, Councilman Johnson made a motion to approve the site plan located at the northwest corner of Marsh Lane and Gardenbrook Drive as submitted and recommended by the Planning and Zoning Commission with landscaping around the stairwell areas and the landscaping be subject to the approval of the City Staff. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.9-CONSIDER REQUEST BY TAXICAB FRANCHISE HOLDER TO CHANGE THE NAME OF THE COMPANY FROM YELLOW CHECKER CAB TO GOLDEN CAB AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that this item had been approved under the con- sent items. AGENDA ITEM NO. C.10-CONSIDER REQUEST BY CENTRE DEVELOPMENT COM- PANY, INC. FOR FINAL PLAT APPROVAL OF LOT 1, BLOCK 3, A REVISION n- RT,nr.u STAT.wnnn PARK_PARMFRq RRANCN_ PHASE nNF AND TAKE Mayor Dodd opened the discussion with the following information from an Administrative memo. This tract of land is located at the southeast corner of the intersection of Diplomat Drive and Benchmark Drive in the Valwood Park-Farmers Branch, Phase One Addition. 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 will not be required for this project. The Planning and Zoning Commission recommends that this final plat be approved. Councilman Blair made a motion to approve the request for final plat of Lot 1, Block 3, a revision of Block 3 Valwood Park- Farmers Branch, Phase One. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unani- mously. AGENDA ITEM NO. C.11-CONSIDER REQUEST BY CENTRE DEVELOPMENT COM- PANY, INC. FOR APPROVAL OF CONCEPT DEVELOPMENT PLAN FOR CENTRE PLACE ADDITION AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion with the following information from an Administrative memo. This tract of land is located at the southeast corner of Valley View Lane and Luna Road. This Vol. 39, Page 29. tract is proposed for development of an office complex with the possibility of some hotel and retail uses. The Concept Development Plan has been prepared and submitted in lieu of a specific site plan so the Developer can proceed with the process of platting the property to dedicate street right-of-way and the construction of the streets and utilities necessary to serve the first phase of this development. The Engineering Division has reviewed the Concept Development Plan and it complies with the City's requirements for Concept Development Plan approval. It was discussed that the following statement be included on the plat: "The Concept Development Plan should state: "Building set- back lines and allowable F.A.R. values for building sites conform to the requirements of Planned Development Ordinance No. 1162 (PD-22 Standards) or as approved on subsequent spe- cific site plans for individual building sites", or some other similar wording". Mayor Dodd recognized Mr. Craig Knight, representing Centre Development. Mr. Knight stated that Centre Development would try to utilize a mass transit system on the C.R.I.&P. R.R. if deve- loped. Mayor Dodd recognized Mr. John Young, 3446 Brookhaven Drive. Mr. Young stated that he owned 2 acres adjacent to the Centre Development property. He stated that he was in opposition to the Concept Plan due to the thoroughfare plan. Mr. Young requested that the thoroughfare plan, as it affects the property in question, be reviewed. Councilman Blair made a motion to approve the Concept Development Plan for the tract of land located at the southeast corner of Valley View Lane and Luna Road. Councilman Glancy seconded the motion. All members voted "aye". The motion carried unani- mously. AGENDA ITEM NO. C.12-CONSIDER REQUEST FOR SITE PLAN APPROVAL AND BETWEEN GREENVIEW BLVD. AND MCEWEN DRIVE IN THE PD-1 0 LI ZONING DISTRICT. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Centre,Development Company is requesting site plan approval of a fourteen story office building totaling 327,009 square feet in area and a two level Vol. 39, Page 30. parking structure totaling 212,412 square feet in area in the PD-1 zoning district. Site plan approval is required before per- mits may be issued. The Planning and Zoning Commission recom- mends to the City Council that the site plan be approved with the following conditions: 1. Phase II and Phase V be replatted together. 2. A 10 ft. strip of land along Alpha Road be considered for dedication to the City for future widening at the time of platting. 3. The possibility of an off site sewer system be looked into and resolved with the City Staff prior to final platting. Planning and Zoning further recommends that vacant properties and pro rata be considered in the study. 4. A detailed landscape and irrigation plan be approved by the City Staff prior to a Certificate of Occupancy being issued. 5. Parking spaces must be 9' x 18' with a 24' isle width. 6. The existing median cut on Alpha Road south of the south entry be closed. Mayor Dodd recognized Mr. Craig Knight, representing Centre Development. Mr. Knight reviewed the Planning and Zoning Commission conditions by stating that Items No. 1, 4, 5 and 6 are agreeable and that Centre Development is concerned about Items No. 2 and 3. Mayor Dodd recognized Mr. John DeShazo, representing DeShazo, Starek and Tang, Inc., traffic consultants. Mr. DeShazo stated that a signal at Alpha is not justified at this time but will be needed in the future. He stated that Alpha would need to be widened in the future. Councilman Johnson made a motion to approve the site plan with the 6 conditions as recommended by the Planning and Zoning Commission. Councilman Blair seconded the motion with all mem- bers voting "aye". The motion carried unanimously. It was suggested that the City Staff include a traffic signal at Greenview and Alpha in the Capital Improvement Project planning. AGENDA ITEM NO. C.13-DISCUSS NO U-TURN SIGNS ON VALLEY VIEW LANE AND TAKE APPROPRIATE ACTION. 11 Vol. 39, Page 31. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Due to the large number of complaints from citizens about the "No U-Turn" signs on Valley View Lane and due to the City Attorney's recommendation that a specific "No U-Turn" Ordinance be adopted to enhance the enfor- cement of the signs, the Public Works Department has "bagged" the "No U-Turn" signs on Valley View Lane east of Marsh lane and the City Council is requested to adopt a specific position on the placement of "No U-Turn" signs. The City Staff recommends that u-turns be prohibited on Valley View Lane from Alpha Road to the entrance to Brookhaven College and that Ordinance No. 1438, pro- hibiting u-turns on Valley View Lane from Alpha to the entrance to Brookhaven College be adopted. Mayor Dodd recognized Mr. Eddie Myers, 13103 Kerr Trail. Mr. Myers stated that he owned the house at the corner of Kerr Trail and Valley View Lane. He stated that by adopting the "No U-Turn" signs easy access to his property had been denied and objected to the placement of the signs. After discussion concerning a left hand turn signal or traffic patrolman at the entrance to the college, Councilman Glancy made a motion to eliminate all u-turns except one on Crestpark east- bound. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. Councilwoman Dingman made a motion to instruct the City Staff to contact Brookhaven College to request that they provide a security guard at peak traffic hours or a traffic signal. Councilman Blair seconded the motion. All members voted "aye". The motion carried unanimously. Mayor Dodd recognized Ms. Cynthia Stanaland, 12220 Brisbane. Ms. Stanaland stated that Brookhaven College is in agreement with providing a traffic signal and is now circulating a petition for support. AGENDA ITEM NO. C.14-CONSIDER REQUEST FOR LANDSCAPE AND IRRIGA- rI TION PLAN APPROVAL FOR PHASES I AND II AND TAKE APPROPRIATE ACTION. REQUESTED BY BELTWAY DEVELOPMENT COMPANY FOR THE PRO- PERTY LOCATED ALONG THE EAST SIDE OF INWOOD ROAD BETWEEN SPRING VALLEY ROAD AND ALPHA ROAD IN THE PD-41 ZONING DISTRICT. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The City Council approved a site plan for this project on February 21, 1983 with one con- dition being, that a detailed landscape and irrigation plan be brought back before the Planning and Zoning Commission and the Vol. 39, Page 32. City Council for approval prior to building permits being issued. The Planning and Zoning Commission recommends to the City Council that the landscape and irrigation plan be approved as submitted. Councilwoman Dingman made the following motion: 1. To approve the landscape and irrigation plan for Phase I and II of the property located along the east side of Inwood Road between Spring Valley Road and Alpha Road as recommended by the Planning and Zoning Commission; and 2. Further approve, on a conceptual basis, the office con- diminum covenants and final covenants being reviewed by the City Staff and approved by the City Council prior to permits being issued; and 3. With the amendment that the City is to have access for maintenance. n Councilman Weidinger seconded the motion. All members voted "aye". The motion carried unanimously. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Dickson/Wells Architects are requesting site plan approval on three office/warehouse buildings totaling 69,000 square feet in area in the PD-32 zoning district. Site plan approval is required before permits may be issued. The Planning and Zoning Commission recommends that the site plan be approved with the following conditions: 1. The property be platted. 2. A detailed landscape and irrigation plan be approved by the City Staff prior to a Certificate of occupancy being issued. 3. The proposed dumpster located along Denton Road be relocated behind the building line. 4. A water line be installed from the south property line along the east side of the IH 35E service road north to Farmers Branch Lane, east down the south side of Farmers Branch Lane to Denton Road; south down the west side of Denton Road to the south property line of the property and fire hydrants be installed every 300 ft. along the water line. Vol. 39, Page 33. AGENDA ITEM NO. C.15-CONSIDER REQUEST FOR SITE PLAN APPROVAL AND TAKE APPROPRIATE ACTION. REQUESTED BY DICKSON WELLS ARCHITECTS FOR THE 5. The limits of the flood plain be shown on the site plan. 6. The future right-of-way for Denton Road shown on the site plan be excluded. 7. The uses be limited to office and office/showroom only. The City Staff recommends that the site plan be approved with conditions No. 1, 2, 3, 4, 5 and 7 as recommended by the Planning and Zoning Commission plus the condition that the 40 ft. right- of-way be dedicated along Denton Drive for future street widening. Mayor Dodd recognized Mr. Bill Dickson, representing Dickson/ Wells Architects. Mr. Dickson stated that he was concerned about the Planning and Zoning Commission's condition No. 4 concerning a water line and condition No. 6 concerning right-of-way acquisi- tion. Mayor Dodd recognized Director of Public Works Earl Deland. Mr. Deland described the proposed water line route and stated that the City Staff felt that the loop water line system was the best system for the City and stated that fire hydrants are required by the City'_s Code. Mayor Dodd recognized Mr. Bill Thompson, owner of the property in question. Mr. Thompson stated that the cost of Phase I is $4.5 million. After lengthy discussion concerning requiring 80' instead of 100' right-of-way for Denton Drive and alternate type water line systems, Councilman Johnson made a motion that the site plan be approved with conditions No. 1, 2, 3, 4, 5 and 7 but that con- dition No. 4 be amended to provide that a water line be installed as determined at the time of platting and that condition No. 6 be considered at the time of platting. Councilman Glancy seconded the motion. All members voted "aye". The motion carried unanimously. AGENDA ITEM NO. C.16-CONSIDER REQUEST FOR SITE PLAN APPROVAL AND TAKE APPROPRIATE ACTION. REQUESTED BY LANDA MOTOR LINES FOR THE PROPERTY LOCATED AT 13210 SENLAC DRIVE IN THE PD-22 LI ZONING DISTRICT. Mayor Dodd stated that this item had been withdrawn at the request of the developer. AGENDA ITEM NO. D.1-CONSIDER RESOLUTION AUTHORIZING THE FLOOD CONTROL DISTRICT TO EXERCISE POWER OF EMINENT DOMAIN AND TAKE APPROPRIATE ACTION. Vol. 39, Page 34. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The Farmers Branch-Carrollton Flood Control District has proposed that cer- tain drainage improvements be provided. One of the proposals is that underbrush, dead trees and trees having a trunk diameter smaller than 6" be removed from the floodway. This requires that the District have an easement or license to use land located within the floodway. It is known that the District will be required to condemn some of its land in order to make the required improvements. The District has the power of eminent domain provided that the exercise of such power is approved by the City of Farmers Branch. Resolution No. 83-007 grants the District the right to exercise its power for the above stated purpose. The City Staff recommends that Resolution No. 83-007 be adopted. Councilman Johnson made a motion to adopt Resolution No. 83-007 authorizing the Farmers Branch-Carrollton Flood Control District to exercise its power of eminent domain in certain designated areas within the city limits of the City of Farmers Branch. Councilman Blair seconded the motion. All members voted "aye". The motion carried unanimously. AGENDA ITEM NO. D.2-CONSIDER APPROVAL OF PLANS FOR IMPROVEMENTS PROPOSED BY THE FLOOD CONTROL DISTRICT AND TAKE APPROPRIATE ACTION. , Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The Farmers Branch-Carrollton Flood Control District has submitted plans for proposed levee and pump station improvements for both Cell "A" and Cell "B" of the Levee District. The City Staff has reviewed the plans and specifications and recommend that the plans be approved with six conditions. Councilman Weidinger made a motion that the plans be approved with the six conditions as recommended by City Staff. Councilman Glancy seconded the motion. After discussion and reviewing the six conditions recommended by the City Staff, Councilman Blair made a motion to table the item. Councilman Johnson seconded the motion. All members voted "aye". The motion carried unanimously. AGENDA ITEM NO. D.3-CONSIDER GRANTING FLOOD CONTROL DISTRICT LICENSE TO PERFORM CLEARING OPERATIONS ON A PORTION OF VALLEY VIEW LANDFILL SITE LYING WITHIN THE FLOODWAY AND TAKE APPROPRIATE ACTION. Vol. 39, Page 35. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. A portion of the land which the City acquired for sanitary landfill purposes on Valley View Lane is now within the floodway of the Elm Fork of the Trinity River. This landfill is now closed. Any possible uses for land within the floodway are extremely limited. The Farmers Branch- Carrollton Flood Control District has requested the right to clear underbrush, dead trees and trees having a trunk diameter less than 6" from this land. They have also requested that changes be made in existing easements which will permit the height of the existing levees to be raised for the provision of better flood protection. The City Staff recommends that Resolution No. 83-008 granting the Flood Control District license to perform clearing operations on a portion of Valley View land- fill site be approved. Councilman Blair made a motion to adopt Resolution No. 83-008 granting the Farmers Branch-Carrollton Flood Control District license to perform clearing operations on a portion of Valley View landfill site be approved. Councilman Weidinger seconded the motion with members voting "aye". The motion carried unani- mously. AGENDA ITEM NO. D.4-CONSIDER RESOLUTION NO. 83-006 GRANTING APPROVAL TO THE DALLAS COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF PRO-CEEDS ON SINGLE FAMILY MORTGAGE REVENUE BONDS FOR ACQUIRING HOME MORTGAGES OF HOMES WITHIN THE CITY AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Dallas County has formed a Housing Finance Corporation and each city over 20,000 population must consent to have a bond proceeds used within their city limits. Passage of the resolution will provide this consent; however, should it be the desire of the City Council to eliminate Farmers Branch, disapproval of the resolution will be in order. This item was placed on the agenda at the request of Dallas County through their Fiscal Agent. Mayor Dodd recognized Mr. Ray Flaherty, 13220 Challaburton. Mr. Flaherty stated that he was concerned about the following two statements in the resolution: 1. Provide decent, safe, sanitary housing for residents of the County at prices they can afford. 2. Farmers Branch to acquire home mortgages related to homes within the City with the proceeds of a series of 1983 mortgage revenue bonds. Vol. 39, Page 36. After some consideration, Councilman Johnson made a motion to disapprove Resolution No. 83-006. Councilman Weidinger seconded the motion. All members voted "aye". The motion carried unani- mously. AGENDA ITEM NO. D.5-CONSIDER AUTHORIZING THE EXECUTION OF A MAINTENANCE AGREEMENT WITH DALLAS COUNTY AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The City maintains the grounds of the Dallas County Sub Court House on Valwood Parkway and is reimbursed by the County for this service. The agreement covers the maintenance year from April 1, 1983 through March 31, 1984. During the months of April through October, the County will be billed $225.00 per month for a total of $1,575.00. The County will be billed as service is required from November 1983 through March 1984. Councilwoman Dingman made a motion to authorize the execution of a maintenance agreement with Dallas County. Councilman Weidinger seconded the motion with members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.6-CONSIDER SECOND QUARTER PAYMENT OT THE DALLAS COUNTY APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The City Staff has received a statement from the Dallas County Appraisal District. The quar- terly payments for fiscal year 1982-83 are $19,281.00. By paying the quarterly payments under protest, the City will continue to keep all options open to the City of Farmers Branch. Councilman Weidinger made a motion to pay the second quarterly payment of $19,281.00 to the Dallas County Appraisal District under protest. Councilman Blair seconded the motion. All mem- bers voted "aye". The motion carried unanimously. AGENDA ITEM NO. D.7-CONSIDER APPROVING CHANGE ORDER NUMBER ONE ON THE SPRING VALLEY ROAD PROJECT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Change Order Number One on the Spring Valley Road Paving Project is requested for lowering 16" City of Farmers Branch water main under the proposed new box culvert at Farmers Branch Creek. The cost of the change is $12,340.00 with no additional contract time required. Under the agreement between Addison and Farmers Branch for the Spring Vol. 39, Page 37. Valley Project, Addison and total cost of the project a City of Farmers Branch will the change order. The City order to Glen Thurman, Inc. $12,340.00. Farmers Branch share equally the nd all change orders. Therefore, the only pay for one-half of the cost of Staff recommends that the change be approved in the amount of Councilwoman Dingman made a motion to approve Change Order #1 to the Spring Valley Road Project in the amount of $12,350.00, which the City will pay one-half, to Glen Thurman, Inc. Councilman Blair seconded the motion with members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.8-CONSIDER AWARDING THE BID FOR BASE MATERIALS AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Four bid packets were mailed by certified mail and four receipts of acceptance were returned to the City. Three bids were submitted on the base material. The lowest and best bid was submitted by Metroplex Stone Company in the amount of $7.98 per ton. The bids obtained were unit price bids and the actual amount to be spent will depend upon the actual quanitity purchased by the City. The base material will be sued for street maintenance, City-owned parking lot construc- tion and maintenance, and for parking lot construction at the Camelot Maintenance Facility. $30,000.00 for the base material is budgeted in the Camelot Maintenance Facility budget, with the balance in the Street Division budget. The City Staff recommends that the City Council award the bid for base material to Metroplex Stone Company in the amount of $7.98 per ton at an estimated total of 8,100 tons and an estimated total cost of $64,638.00. Councilman Glancy made a motion to award the bid for base material to Metroplex Stone Company in the amount of $7.98 per ton at an estimated total of 8,100 tons and an estimated total cost of $64,638.00. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.9-CONSIDER AWARDING THE BID FOR 12" PIPE AND PIPE FITTINGS FOR THE WATER MAIN REPLACEMENT DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Four bid packets were mailed by certified mail and four receipts of acceptance were returned to the City. Bid packets were mailed to Metroplex Utility Supply Company, the Rohan Company, Bowles & Edens and Trans Tex Supply Vol. 39, Page 38. Company. All companies submitted bids except the Rohan Company, who said they could not meet specifications. Funds are currently budgeted for the purchase of these items in the Water Main Replacement Budget. The City Staff recommends awarding the bid to Bowles & Edens for the 12" pipe and tapped collars in the amount of $11,055.25, and awarding the bid to Trans Tex Supply Co. for the fittings in the amount of $7,036.00. Total cost for all items is $18,091.25. Councilman Johnson made a motion to award the bid for the 12" pipe and tapped collars in the amount of $11,055.25 to Bowles & Edens, and award the bid for fittings in the amount of $7,036.00 to Trans Tex Supply Co. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.10-CONSIDER AWARDING THE BID FOR WATER SYSTEM IMPROVEMENTS AT THE VALLEY VIEW PUMP STATION AND THE WICKER STREET PUMP STATION TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Bids were received at 2:00 p.m. on March 15, 1983 for the construction of improvements to the Valley View and Wicker Street pump stations. There were seven bids received, with the lowest bid from Gulf/American Constructors, Inc. in the amount of $119,950.00. Funds are allo- cated in the Capital Improvements Program for this project. The City Staff recommends that the City Council award the bid to Gulf/American Constructors, Inc. in the amount of $119,950.00. Councilwoman Dingman made a motion to award the bid for water system improvements at the Valley View pump station and the Wicker Street pump station to Gulf/American Constructors, Inc. in the amount of $119,950.00. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.11-CONSIDER AWARDING BID FOR RENOVATION OF FILTER SYSTEM AT DON SHOWMAN POOL AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Bids were sent to seven ven- dors and the City received two bids. H. C. Duncan Plumbing bid $96,280.00 with an alternate totaled $101,620.00. Hannah Construction bid $89,926.00 and with alternate totaled $94,646.00. Without alternate bid Hannah Construction was low bid, but came in $3,026 over budgeted amount. Sylan Pools & Lagoons stated they were too busy this Spring, but would be able to bid in the Fall. Information the City Staff has received information that supports the idea that the City could do better in the fall. The City Staff recommends that the City Council Vol. 39, Page 39. reject all bids and to re-advertise for the Don Showman Pool Renovation Project. Councilman Johnson made a motion to reject all the bids and to readvertise for the Don Showman Pool Renovation Project.Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.12-CITIZEN PARTICIPATION. No one spoke. 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 Appointments to the Committee to study needs and facili- ties of Senior Citizens in Farmers Branch were discussed. b. Discuss Land Acquisition C. Discuss Pending and Contemplated Litigation City Attorney John Boyle gave a status report of the City's pending litigation. THE COUNCIL RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2-CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Councilman Weidinger made a motion to appoint the following people to the Farmers Branch Senior Citizen Group Committee: Vol. 39, Page 40. Alice Ellett, Chairman Dan Dennis Harold Rummel Ray Ohlig Evenlyn Smith Kathy Sanders Jim Varnum Beverly Fritts Judy Byrd Donna Gronstal, Ex Officio Member Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. E.3-CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. No action necessary. AGENDA ITEM NO. E.4-CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. No action necessary. 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 April 4, 1983 was adjourned at 12:23 P.M. I~ Vol. 39, Page 41. G~ cG~ Ci~ ecretary