Loading...
1983-10-31 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING OCTOBER 31, 1983 7:30 P.M. COUNCIL CHAMBER POLICE BUILDING The following members of the City Council were present: Mayor John Dodd Mayor Pro Tem Fred Johnson Council Members David Blair Carol Dingman Herb Weidinger Bill Glancy The following members of the City Administration were present: City Manager Paul M. West City Secretary J. W. Wade City Attorney John Boyle Recording Secretary Ruth Ann Parish Mayor Dodd called the City Council meeting of October 31, 1983 to order at 7:30 P.M. AGENDA ITEM NO. A.1-INVOCATION. Councilman Weidinger gave the invocation. AGENDA ITEM NO. A.2-PRESENTATION OF AWARD OF APPRECIATION FROM DALLAS ULTIMATE FRISBEE TEAM TO THE MAYOR. Mayor Dodd opened the presentation by giving the following infor- mation from an Administrative memo. The Texas State meet for Ultimate Frisbee was held in Farmers Branch October 22 and 23. Because the City of Farmers Branch provided playing facilities for the tournament, Dallas Ultimate wishes to present a Tournament Frisbee to the Mayor. Mayor Dodd recognized Mr. Mark Bowman and Mr. Steve Haggen who presented the Mayor and City of Farmers Branch with two frisbees Vol. 41, Page 24. and expressed appreciation for the use of Farmers Branch facili- ties. AGENDA ITEM NO. A.3-PRESENTATION OF RECOGNITION OF CLOSE UP PROGRAM RECIPIENTS. Mayor Dodd opened the presentation by stating that students from R. L. Turner, Newman Smith and W. T. White high schools would be recognized as recipients of the "Close Up" program. He stated that the purpose of the "Close Up" program was to choose a stu- dent to be absent from school one week to attend a seminar in Washington, D.C. where they would meet with the President, the Vice President and the Speaker of the House. Mayor Dodd stated that this program was an intensive study of government and its role in their lives. Mayor Dodd recognized Mr. Jim Hawkins, a teacher with Carrollton- Farmers Branch Independent School District. Mr. Hawkins, involved with the "Close Up" program last spring, gave an expla- nation of the program and what the students could expect to experience. Mayor Dodd recognized the following students as recipients of the "Close Up" program along with their parents and school represen- tatives: Melissa Atkinson - Newman Smith High School Brad Cowsert - R. L. Turner High School Sara Mitchell - W. T. White High School AGENDA ITEM NO. A.4-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. No one was present to present an application. EMERGENCY ITEMS ANNOUNCED Councilman Johnson made a motion to include the following as Emergency Items: B.2 "Hear Quarterly Report From The Forward Farmers Branch Citizens Task Force" C.7 "Discuss Council Meeting Dates For Month Of November And Take Appropriate Action" Vol. 41, Page 25. C.8 "Consider Resolution No. 83-028 Casting Vote For Fourth Member Of The Board Of Directors Of The Dallas County Tax Appraisal District And Take Appropriate Action" Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. 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 Blair made a motion, Councilman Weidinger seconding and all voting "aye", that the following consent items be approved: a. Approved the minutes of the October 17, 1983 regular meeting. b. Authorized the advertisement for bids for Chemicals and Fertilizers for the Park Division. C. Authorized the advertisement for bids for radio com- munications equipment. d. Authorized the advertisement for bids for refuse sacks for the Sanitation Division. e. Authorized the advertisement for bids for hot mix asphaltic concrete and Portland Cement Concrete for the Street Division. f. Authorized the advertisement for bids for commercial containers for the Sanitation Division. AGENDA ITEM NO. B.2-HEAR QUARTERLY REPORT FROM THE FORWARD FARMERS BRANCH CITIZENS TASK FORCE. Mayor Dodd recognized Mr. Sam Frenkil, executive chairman of Forward Farmers Branch Citizens Task Force. Mr. Frenkil pre- sented Mayor Dodd with the quarterly report and distributed it to the City Council. He requested approval of a budget of past expenditures and the appointment of a vice-chairman from the Vol. 41, Page 26. general membership of Forward Farmers Branch. Mr. Frenkil also announced the public hearing being held by the Quality of Life Committee at the Farmers Branch Library on November 3 and 12. Councilman Weidinger made a motion to accept the quarterly report from the Forward Farmers Branch Citizens Task Force. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.1-CONSIDER AWARDING THE LIBRARY EXPANSION GENERAL CONSTRUCTION CONTRACT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by stating that at the direction of the members of the City Council, this item was continued from the last meeting in order for the submission of additional infor- mation from the bidders. The receipt of correspondence from Steele & Assoc. requesting withdrawal of their bid from consideration was formally acknowledged. Councilman Johnson made a motion to accept the request of withdrawal of their bid from Steele & Assoc. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. The remaining two low bidders were Kruger-Morris and Hallman and Keele, Inc. After discussion, Councilman Johnson made a motion to award the bid for Library Expansion General Construction Contract to Kruger & Morris as the lowest responsible bidder in the amount of Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.2-CONSIDER FUNDING FOR SURTRAN SUBSIDIZING WITH THE HILTON-LBJ, THE HOLIDAY INN-CROWNE PLAZA AND THE SUMMIT HOTEL AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The Surtran agreement bet- ween the City of Farmers Branch and the three major hotels in Farmers Branch expired the last day of September 1983. The City of Dallas has taken over the Surtran operation and has terminated the transportation firm that was managing the Surtran operation. The Hilton-LBJ, the Holiday Inn-Crowne Plaza and the Summit Hotel are requesting that the City participate in the funding of the Surtran deficit as we have in the past nine months. The hotels are requesting that the City participate on a 50-50 basis with 11 L Vol. 41, Page 27. the City paying half of the deficit. If the costs incurred in the next twelve months coincide with the past nine months, the City's portion of payment would be an estimated $16,000.00 for the year. The past nine months the City paid $11,487-00 into this project. Mayor Dodd recognized Mr. Doug Lane, representing the Hilton-LBJ, the Holiday Inn-Crowne Plaza and the Summit Hotel. Mr. Lane requested that the funding be approved for the Surtran program. Councilwoman Dingman made a motion to approve the request for funding by the Hilton-LBJ, the Holiday Inn-Crowne Plaza and the Summit Hotel for the services of Surtran on a 50-50 basis and not to exceed $40,000.00. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. 1 AGENDA ITEM NO. C.3-CONSIDER REQUEST FOR SITE PLAN APPROVAL. REQUESTED BY CORNERSTONE DEVELOPMENT CO. FOR THE PROPERTY LOCATED AT 3635 GARDENBROOK DRIVE IN THE PD-28 CONDO ZONING DISTRICT. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. This is a continuation of the October 17, 1983 City Council meeting. Cornerstone Development Co. is requesting approval of an amendment to the site plan for the Brookhaven Village Condo project, by adding a second story addition to the club room. Site plan approval is required before permits may be issued for the addition. The Planning and Zoning Commission recommends that the site plan be approved with the following condition: 1. The paint for the proposed addition match the paint that was used in Phase I. Councilwoman Dingman made a motion to approve the request for site plan for the property located at 3635 Gardenbrook Drive with the condition as recommended by the Planning and Zoning Commission. Councilman Blair seconded the motion with all mem- bers voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.4-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. This item is a con- tinuation of the October 17, 1983 City Council meeting. The Vol. 41, Page 28. SERVICE ROAD AND DESCRIBED AS LOT 1, BLOCK 1 OF THE GULF OIL ADDITION IN THE PD-25 LI ZONING DISTRICT. Planning and Zoning Commission at their October 24, 1983 meeting, continued the public hearing until the November 14, 1983 meeting to allow the applicant time to submit a detailed site plan and additional information concerning the proposed use. The public hearing procedure established in the City's Zoning Ordinance requires the Planning and Zoning Commission to make a recommen- dation to the City Council prior to any action by Council. Mayor Dodd asked if there was anyone in the audience wishing to speak. No one spoke. Councilman Blair made a motion to continue the public hearing until the November 21, 1983 City Council Meeting. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.5-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A NON-DRIVE IN RESTAURANT WITH OUTSIDE SALES WINDOW AND TAKE APPRO- PRIATE ACTION. REQUESTED BY CASA BONITA FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF VALWOOD PARKWAY AND DENTON ROAD IN THE PD-30 ZONING DISTRICT. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. Casa Bonita is requesting a specific use permit to operate a non-drive-in restaurant with outside sales window on the property located at the northwest corner of Valwood Parkway and Denton Road. The Planning and Zoning Commission at their October 24, 1983 meeting, continued the public hearing until the November 14, 1983 meeting to allow the applicant time to submit additional information. The public hearing procedure established in the City's Zoning Ordinance requires the Planning and Zoning Commission to make a recommendation to the City Council prior to any action by the Council. Mayor Dodd asked if there was anyone in the audience wishing to speak. No one spoke. Councilman Weidinger made a motion to continue the public hearing until the November 21, 1983 City Council meeting. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.6-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE ZONING DISTRICT CLASSIFICATION OF THE CORNER SHOPPING CENTER ING DISTRICT Vol. 41, Page 29. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. This is a continuation of the October 17, 1983 City Council meeting. The Planning and Zoning Commission at the October 24, 1953 meeting continued the public hearing until the November 14, 1983 Planning and Zoning Commission meeting to allow the City Staff time to expand the letter notification area. The public hearing procedure established in the City's Zoning Ordinance requires the Planning and Zoning Commission to make a recommendation to the City Council prior to any action by the City Council. Mayor Dodd asked if there was anyone in the audience wishing to speak. No one spoke. Councilman Blair made a motion to continue the item until the November 21, 1983 City Council meeting. Councilwoman Dingman seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.7-DISCUSS COUNCIL MEETING DATES FOR MONTH OF NOVEMBER AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion to the City Council. After discussion, Councilman Johnson made a motion that the regu- larly scheduled City Council meeting for November 7, 1983 be can- celled and that one meeting be held November 21, 1983. The motion died for lack of a second. MAYOR DODD RECOGNIZED STUDENTS FROM JESUIT HIGH SCHOOL WHO WERE, PRESENT IN THE AUDIENCE. AGENDA ITEM NO. C.8-CONSIDER RESOLUTION NO. 53-028 CASTING VOTE FOR FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS COUNTY TAX APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion to the City Council. Councilman Johnson made a motion to consider this item after the discussion of items in the Executive Session. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.1-CONSIDER ALTERNATIVES FOR ADDITIONAL CITY OFFICE SPACE AND TAKE APPROPRIATE ACTION. C Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The Council has requested Vol. 41, Page 30. that the City Staff evaluate alternatives to City office space. City Staff investigated numerous solutions to this problem. There are three alternatives which could result in a solution to the problem: 1. Leasing space from Hines Industrial at 2350 Valley View Lane. 2. Leasing space from Trammell Crow Corp. at 12901 Valley Branch. 3. Leasing space from Midway Development Co. at 13100 Valley Branch. The City Staff recommends the approval of lease space at Hines Industrial located at 2350 Valley View Lane. Councilman Blair excused himself from the room for consideration of this item. Mayor Dodd asked where the differences in site costs came from. Mayor Dodd recognized Director of Marketing Charlie McIlvain. Mr. McIlvain stated that the cost for the Hines Industrial site included utilities and that the Trammell Crow Corp. did not include utilities. Councilman Johnson made a motion to approve the lease space at Hines Industrial located at 2350 Valley View Lane. Councilwoman Dingman seconded the motion with all members voting "aye". The motion carried unanimously. Mayor Dodd recognized Ms. Joyce Magis, 3225 Longmeade. Ms. Magis stated that there were other properties that the City could look into leasing. Councilman Blair returned to the meeting. AGENDA ITEM NO. D.2-CONSIDER ORDINANCE NO. 1468 AMENDING THE EFFECTIVE DATE OF THE RENTAL PROPERTY LICENSING ORDINANCE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The City Council at the October 17, 1983 meeting, directed the City Staff to prepare an ordinance that would amend the effective date of the rental pro- perty licensing Ordinance No. 1420. The new ordinance amends the original effective date and if adopted would delay the effective date until January 1 8, 1984. Vol. 41, Page 31. Mayor Dodd recognized Mr. Jim Smith, 2811 Bay Meadow. Mr. Smith, chairman of the Ad Hoc Committee assigned to study the ordinance, stated that there had been difficulty in getting a quorum due to the members' committments to other committees. He stated that he hoped that they would come up with some recommendations at the November 21, 1983 City Council meeting. Mr. Smith questioned extending the date of Ordinance No. 1436 which was related to Ordinance No. 1420. Mayor Dodd recognized the Director of Community Services Tom Scales. Mr. Scales stated that the Council had adopted Ordinance No. 1436 amending the Zoning Ordinance changing the definition of family and that it could not be amended unless the City goes back through the public hearing process for a zoning change. He stated that the effective date had been extended on Ordinance No. 1 420 to the November 21, 1983 meeting and that Ordinance No. 1436 would be discussed at that time. Councilman Blair made a motion to adopt the following captioned Ordinance No. 1468: "An Ordinance Of The City Of Farmers Branch, Texas; Amending Ordinance No. 1420 By Amending Section 12, Severability, So As To Establish An Effective Date Of January 18, 1984; Providing A Penalty; Providing A Severability Clause; And Declaring An Emergency." Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. Councilman Blair made a motion to review the City Council minutes adopting Ordinance Nos. 1420 and 1436 and bring the information back at the next City Council meeting. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. Councilman Blair made a motion to charge the Ad Hoc Committee with studying Ordinance Nos. 1420 and 1436. Councilman Weidinger seconded the motion with Councilmembers Blair, Weidinger, Dingman and Glancy voting "aye" and Councilman Johnson voting "nay". The motion carried by a 4 to 1 vote. AGENDA ITEM NO. D.3-CONSIDER ORDINANCE NO. 1469 AUTHORIZING THE IMPOSITION OF A SPECIAL EXPENSE CHARGE NOT TO EXCEED 25.00 FOR THE ISSUANCE AND SERVICE OF A MUNICIPAL COURT WARRANT OF ARREST. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Senate Bill No. 1034 pro- vides that a special expense not to exceed $25.00 may be imposed Vol. 41, Page 32. for the issuance and service of a warrant of arrest for all traf- fic, ordinance and criminal offenses which are in the jurisdic- tion of Municipal Court (Class "C" misdemeanors). This special expense charge would be imposed on those warrants issued and served against defendents who fail to make a lawfully required court appearance. Councilwoman Dingman made a motion to adopt the following cap- tioned Ordinance No. 1469: "An Ordinance Amending The Code Of Ordinances, City Of Farmers Branch, Texas, By Amending Chapter 17 112 Relating To Municipal Court By Adding A Section, To Be Numbered Section 17 1/2-4; Providing A Severability Clause; Providing An Effective Date And Declaring An Emergency." Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.4-CONSIDER RESOLUTION NO. 83-027 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS TURNPIKE AUTHORITY FOR UTILITY RELOCATIONS AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The Texas Turnpike Authority is currently preparing plans for the construction of the Dallas North Tollway Extension. The construction of the Dallas North Tollway will require the adjustment and relocation of some existing waterlines along North Dallas Parkway owned by the City of Farmers Branch. An agreement was submitted which authorizes the Texas Turnpike Authority to relocate the existing waterlines at their expense. As a part of this waterline relocation construction, the new sixteen inch waterline proposed along Dallas North Tollway as a part of the 1983-84 Capital Improvements Program will be constructed. Funds in the amount of $200,000.00 are included in the 1983-84 Capital Improvements budget for this new waterline. The City Staff recommends that Resolution No. 83-027 be adopted authorizing the City Manager to execute an agreement with the Texas Turnpike Authority for uti- lity relocations and adjustments for the Dallas North Tollway. Councilman Weidinger made a motion that Resolution No. 83-027 be adopted authorizing the City Manager to execute an agreement with the Texas Turnpike Authority for utility relocations and adjust- ments for the Dallas North Tollway. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. Vol. 41, Page 33. AGENDA ITEM NO. D.5-CONSIDER CHANGE ORDER REQUEST BY-J. D. ABRAMS, INC. ON THE JOSEY LANE BRIDGE PROJECT AND TAKE APPROPRI- ATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. J. D. Abrams, Inc., the Contractor on the Josey Lane Bridge Project, has submitted a request to add an additional fifty working days on the project. J. D. Abrams bid 150 working days on the project. As of October 27, 1983, the total working days charged to the job is 162. This is 12 days over the Contract amount. Liquidated damages are pro- vided for in the construction contract at $250.00 per day. Several utility conflicts have delayed completion of the project. However, with each conflict the City has suspended charging working days to the Contractor until the conflict is resolved. The City Staff recommends the contract remain as bid and no addi- tional time be granted. Mayor Dodd recognized Mr. Randy Rogers, representing J. D. Abrams, Inc. Mr. Rogers stated that there had been numerous unforeseen problems that had caused delays in the project. He stated that the City had been very fair in suspending the working days during these delays and requested additional time be per- mitted to finish the project. Mayor Dodd recognized the Director of Public Works Earl Deland. Mr. Deland stated that not only had the charging of work days been suspended, but that additional days had been granted for rescheduling and charges had been suspended. Councilman Johnson made a motion to deny the request of J. D. Abrams, Inc. for additional time to complete the Josey Lane bridge project. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.7-CITIZEN PARTICIPATION. Mayor Dodd recognized Mr. John Wells, 13521 Heartside. Mr. Wells questioned the plans of the two dams on Rawhide. Mayor Dodd recognized Mr. Alexander, with the Jesuit High School government class. Mr. Alexander questioned the City Council on several procedures and actions. 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 L Vol. 41, Page 34. 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 The Council discussed appointments to the Parks and Recreation Board and the Forward Farmers Branch Task Force. b. Discuss Land Acquisition C. Discuss Pending and Contemplated Litigation The Council discussed Dallas Water Rate Case. THE COUNCIL RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2-CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Councilman Johnson made a motion to appoint and ratify the following people to the Forward Farmers Branch Citizen Task Force: Mike Arrington Infrastructure Councilman Blair seconded the motion with all members voting "aye". The motion carried. Councilman Johnson made a motion to adopt Resolution No. 83-028 nominating Mr. Thomas Landrum as the fourth member of the Dallas County Tax Appraisal District Board. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. Councilman Johnson requested that an item be placed on the November 7, 1983 City Council agenda discussing a report from the City Staff as to the cost to the City defending the suit in rela- tion to the overlay program for Pebble Beach. He stated that the Vol. 41, Page 35. cost was to include personnel time, legal expenses, travel and any other incidental expenses directly related to the suit and, in addition, should include the cost to the Public Works Dept. for any renovations. Councilman Johnson asked that the heading for the item include the words ""a discussion of the defense of the suit and the procedures for recovery thereof." 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 October 31, 1983 was adjourned at 9:45 P.M. M or John Dodd Vol. 41, Page 36.