Loading...
1983-11-07 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING NOVEMBER 7, 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 Herb Weidinger Bill Glancy 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 November 7, 1983 to order at 7.30 P.M. AGENDA ITEM NO. A.1-INVOCATION. Dr. Margaret Shugot, of Brookhaven College, gave the invocation. AGENDA ITEM NO. A.2.-PRESENTATION OF SERVICE AWARDS. Mayor Dodd presented the following people with Service Awards: 1. Joe Dunham of the Engineering Division a 5 Year Award. 2. Thomas Washington of the Parks & Recreation Department a 10 Year Award. 3. David Warnock of the Police Department a 5 Year Award. Vol. 41, Page 37. 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. Mayor Dodd recognized Ms. Dolly Gaul, 14636 Cherry Hills Drive. Ms. Gaul presented an application to the Council to serve on the Historical Preservation and Restoration Board. MAYOR DODD RECOGNIZED STUDENTS FROM THE JESUIT HIGH SCHOOL GOVERNMENT CLASS WHO WERE PRESENT IN THE AUDIENCE. 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 Johnson made a motion, Councilwoman Dingman seconding and all voting "aye", that the following consent items be approved. a. Approved the minutes of the October 31, 1983 regular meeting. b. Authorized the advertisement for bids for replacement vehicles and equipment. AGENDA ITEM NO. C.1-CONSIDER REQUEST FROM BROOKHAVEN COLLEGE STUDENTS REGARDING CHILD DEVELOPMENT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by stating that this item was placed on the agenda at the request of Brookhaven College Child Development Steering Committee. Mayor Dodd recognized Ms. Hilda Linn, 13094 Meandering Way and Instructor/Coordinator of the Child Development Program at Brookhaven College. Ms. Linn introduced Ms. Leanne Zimmerman, of 13920 Stardust and President of the Metropolitan Childcare Consultants, Inc. Ms. Zimmerman stated that their group was requesting the following items to be acted upon as soon as possible: Vol. 41, Page 38. 1. All directors have a minimum of two years college training in early childhood development. 2. All caregivers have a minimum of six hours college training in early childhood development. 3. All personnel have training in first aid. 4• Adequate pay for competent work. Ms. Linn introduced Ms. Delwin Fleming, of 1503 Jackson in Carrollton and the President of the Farmers Branch-Carrollton Branch of the Association of University Woman (AAUW). Ms. Fleming stated that AAUW was interested in the equality of women and the welfare of children. She stated that they were in sup- port of the Brookhaven College Child Development Program. Ms. Linn stated that there was a need for quality child care and recommended the following action from the City Council: 1. Authorize the City Staff and the Quality of Life Committee to develop an ordinance to improve the quality of care in childcare facilities in Farmers Branch with emphasis on requiring special training for caregivers, teachers and directors. 2. That the City Council, Warner Amex and Brookhaven College develop a half hour video tape program for cable television that will identify for parents quality child- care. Mayor Dodd recognized Dr. Mike Romaine, 13620 Braemar. Dr. Romaine stated that he was a child psychologist. He stated that he agreed with the first recommendation made by Ms. Hilda Linn, but was opposed to an ordinance to create more regulations for childcare. There was discussion concerning the investigation of Farmers Branch childcare centers, the standards created by the State and the definition of a childcare center. Councilman Blair made a motion to instruct the City Staff to work with Brookhaven College and Warner Amex to broadcast through the public access channel this particular issue. Councilman Weidinger seconded the motion. Councilwoman Dingman asked to amend the motion by adding the following items. Vol. 41, Page 39. 1. Have the Library furnish information to the public on childcare centers. 2. Have the City Staff write letters to the childcare cen- ters inviting them to take advantage of the City-offered CPR and first aid courses. 3. Have the City Staff make an annual fire inspection. 4. Have the City Staff evaluate the after-school program offered by the Recreation Department. Councilmembers Blair and Weidinger accepted the amendment with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.2-PRESENTATION BY BOARD OF DIRECTORS OF MARY IMMACULATE CHURCH. Mayor Dodd opened the presentation by stating that this item was placed on the agenda at the request of Bob Hoch of Mary Immaculate Church. Mayor Dodd recognized Mr. Bob Hoch, of 12311 Wood Manor and representative of the School Board of Mary Immaculate Church. Mr. Hoch introduced Dr. Don Carlotte, president of Mary Immaculate School Board. Dr. Carlotte explained the growth and development of the school and requested that the public be aware Dr. Carlotte introduced Mr. Mike Brock, of 14003 Stardust and principal of Mary Immaculate School. Mr. Brock gave a brief history of the school and told of their programs. He stated that Mary Immaculate School gave an alternate educational opportunity to the citizens of Farmers Branch. Councilman Johnson suggested that possibly information on parochial schools be provided for inclusion in the Farmers Branch brochure. AGENDA ITEM NO. C.3-CONSIDER AUTHORIZING THE EXECUTION OF A DEVELOPER'S CONTRACT WITH PRAXIS DEVELOPMENT FOR PROVIDENCE TOWERS AND TAKE APPROPRIATE ACTION. of Bran the ch. school and what it had to offer the City of Farmers Mayor Dodd opened the discussion by stating that a Developer's Contract had been provided for the installation of the necessary public improvements for the Providence Towers Addition in accor- dance with the City's Subdivision Ordinance. The City Staff recommended that the Developer's Contract be accepted. Vol. 41, Page 40. Mayor Dodd recognized Mr. Albert D. Huddleston, who was present on behalf of Praxis Development Company. Councilman Blair made a motion to execute the Developer's Contract with Praxis Development for Providence Towers. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.4-CONSIDER REQUEST BY ALBERT D. HUDDLESTON OF PRAXIS DEVELOPMENT COMPANY FOR FINAL PLAT APPROVAL OF PROVIDENCE TOWERS AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. This tract of land is located on the north side of Spring Valley Road between Dallas Parkwa and Inwood Road. The Developer is proposing to construct two eleven (11) story buildings with underground parking garages. 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 be required for this project. Councilwoman Dingman made a motion to approve the final plat for Providence Towers located on the north side of Spring Valley Road between Dallas Parkway and Inwood Road. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.1-DISCUSS THE CITY COUNCIL ACTION OF JULY 11, 1983, REGARDING THE "SINGLE FAMILY LICENSING ORDINANCE" AND THE DEFINITION OF "FAMILY". Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The City Council asked that the tape of the Council meeting of July 11, 1983 be reviewed to clarify the intention of the Council's action, and that a transcript be brought back to the Council on November 7, 1983. Mayor Dodd stated that the ordinance regarding the definition of "family" is in effect and that the Ad Hoc Committee has been charged to study the ordinance regarding the definition of "family" and the ordinance regarding "single family licensing". He stated that the Committee was to then come back with their recommendation to the City Council at the November 21, 1983 meeting. Mayor Dodd recognized Mr. Jim Smith, 2811 Bay Meadows and chair- man of the Ad Hoc Committee. Mr. Smith requested that the Ad Hoc Committee bring their recommendation to the Council at the first meeting in December. Vol. 41, Page 41. Councilman Weidinger made a motion that the Ad Hoc Committee studying the ordinances on "single family licensing" and the defintion of "family" bring their recommendation to the Council at the first meeting in December. Councilman Blair seconded the motion with all members voting "aye". The motion carried unani- mously. AGENDA ITEM NO. D.2-DISCUSS COSTS OF DEFENSE OF LAWSUIT OF OVER- LAY PROGRAM AND RECOVERY OF THESE COSTS. Mayor Dodd opened the discussion by stating that this item was placed on the agenda at the request of the City Council. Councilman Johnson asked the opinion of the City's legal counsel as to the merit of the suit that was filed for a restraining order and injunction concerning the overlay program. Mayor Dodd recognized City Attorney John Boyle. Mr. Boyle stated that the suit was an injunction suit filed against the City to preclude the City from going forward with an asphalt overlay program on one particular street that was part of an overall larger asphalt overlay program. The City's response as set out in its motion to dismiss and as set out in its answer to the lawsuit was to the effect that, in the City's judgement, this was not an area that came within the court's province by substituting its judgement for the judgement of City Council. But the case from the standpoint of recovering and the ability to actually enjoin the City to go forward was without merit. The Court issued a temporary restraining order without a hearing. Then a hearing on the temporary injunction was held. During the hearing on the temporary injunction, after the evidence was submitted, the judge stated that he concluded and agreed with the City's position. He was concerned about a study he had read about in the newspaper and the case was continued until Friday for infor- mation relative to that study. Then it was continued until the next Tuesday and then subsequently dismissed. Mr. Boyle stated that there was no merit to the case to preclude the City from carrying out its legislative functions. Councilman Johnson stated the following: 1. His interest was not directed solely at this individual act, but directed at the Council's ability to go about the business of the City under the charter. He stated that if intereference with duly constituted acts of the City take place and such interference lacks merit and appears to be frivolous in nature, that the direct cost of defending the city against such suits should be reco- vered if at all possible. Vol. 41, Page 42. 2. The City Staff has been asked by the City Council to determine to the best of their ability the costs directly attributed to defending this suit and they have estimated the cost to be $10,091.58. 3. The end result of the suit is that it has been dismissed and the City's overlay program remains unchanged, although, due to the delay caused by this suit, it is too late in the year to go forward with the overlay program as related to Pebble Beach. 4. The suit did not ask for an injuction nor a restraining order as it applied to the overlay program in Farmers Branch, but rather only to the overlay program as it applied to Pebble Beach. This action caused a disrup- tion in the orderly plans of the City and the expenses directly attributable thereto should be recovered. Councilman Johnson made a motion to direct the City Staff through the City Attorney to demand reimbursement by the litigants of the overlay suit of $10,091.58 and proper demand letters be written to the petitioners requesting reimbursement on a joint and separate basis. Councilman Blair seconded the motion. There followed discussion among Councilmembers. Mayor Dodd recognized Mr. Steve Edmiston, of 14215 Tanglewood. Mr. Edmiston stated that he was against the motion on the grounds that taking action against petioners in a lawsuit would deny the citizens their rights. Mayor Dodd recognized Mr. Pat Rice, of 14454 Valley Hi Circle. Mr. Rice stated that he was against the motion based on the grounds that, in his opinion, the City had gained from the experience and was not actually out any funds. Mayor Dodd recognized Mr. Phil Sizer, 14127 Tanglewood. Mr. Sizer stated that he was. against the motion based on the Council's decisions to continue the overlay program as planned, despite petitions by the citizens protesting the program. Mayor Dodd stated that citizen input helped clarify the needs of the citizens. Councilman Johnson withdrew his motion and Councilman Blair withdraw his second to the motion. AGENDA ITEM NO. D.3_-CONSIDER ADOPTING REVISED CAPITAL IMPROVE- MENTS BUDGET FOR `1983-84 AND TAKE APPROPRIATE ACTION. Vol. 41, Page 43. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The awarding of the library construction contract has increased the CIP budget expenditures for 1983-84 by approximately $267,000.00. The attached revenue and expenditure listing will reflect this increase. The sale of "Certificates of Obligations" has been increased from $5,000,000. to $5,250,000. This increase will provide the additional funds necessary to complete the library. The City Staff recommends that the revised CIP 1983-84 budget dated 11-2-83 be adopted. After discussion, Councilman Weidinger made a motion that the revised CIP 1983-84 budget dated 11-2-83 be adopted. Councilwoman Dingman seconded the motion and requested an amend- ment to the motion to instruct the City Staff to publish a broken down list of Hotel/Motel funds in the CIP 1983-84 budget. Councilman Weidinger accepted the amendment with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.4-CONSIDER ORDINANCE NO. 1470 ABANDONING A POR- TION OF NICHOLSON ROAD AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. On July 26, 1982, Centre Development Co., Inc. requested a Thoroughfare Plan change for the Western Industrial Area. City Council approved the proposed change which included the abandonment of Nicholson Road through their property. Centre Development is now requesting the City to abandon the forty foot (40') strip of right-of-way through the proposed Centre Place Addition. The City Staff recommends that this right-of-way be abandoned as a street right-of-way and return this property to the Tax Rolls as taxable property by adopting Ordinance No. 1470. Councilman Johnson made a motion to adopt the following captioned Ordinance No. 1470: "An Ordinance Of The City Of Farmers Branch, Texas Abandoning A Portion Of Nicholson Road Which Is No Longer Needed Or Necessary For Public Street Purposes; Providing That Such Abandonment Shall Be In Favor Of The Owner Of The Abutting Properties; Providing That Such Abandonment Shall Be Insofar As Applicable To The Public Right, Title And Interest In Such Roadway For Street Purposes Only; Providing That Such Abandonment Shall Not In Any Way Affect The Right Of Any Public Utility Located In Such Roadway, And Declaring An Emergency." Vol. 41, Page 44. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.5-CITIZEN PARTICIPATION. Mayor Dodd recognized Mr. Bryan Bell, 3971 Gulfstone in Dallas and a student of the Jesuit High School government class. Mr. Bell questioned the Council on the settlement of controversial issues through court. 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 November 7, 1983 was adjourned at 9:25 P.M. E 11 471 II-Al City ecretary Vol. 41, Page 45.