Loading...
1982-12-20 CC Minutes1 CITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING DECEMBER 20, 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 December 20, 1982 to order at 7:30 P.M. The meeting was televised. AGENDA ITEM NO. A.1-INVOCATION. Reverand Tom Brown with the Chapel Hill Methodist Church gave the invocation. AGENDA ITEM NO. A.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. No one presented an application. AGENDA ITEM NO. A.3-PRESENTATION OF DONATION FOR USE IN ORAN GOOD PARK. Vol. 38, Page 94. Mayor Dodd recognized Mrs. Skamfer, Chairman of the Parks and Recreation Board. Mrs. Skamfer presented a check donated by Inez Good, a resident of Farmers Branch, in the amount of $100.00 for future permanent restroom facilities at Oran Good Park. Councilman Weidinger made a motion to accept the donation on behalf of the City. Councilman Johnson seconded the motion with all members voting "aye". AGENDA ITEM NO. A.4-PRESENTATION OF CERTIFICATES OF RECOGNITION FOR NEIGHBORHOOD CRIME WATCH CHAIRMEN AND OF VIDEO TAPE CRIME WATCH PRngPAM_ Mayor Dodd recognized Roger Robbins, Police Chief of the City of Farmers Branch. Mr. Robbins stated that the Police Department wished to present a taped interview with a suspect of house burglaries in the City that might be informative to concerned citizens. The taped program was shown at this time. Mayor Dodd presented Certificates of Recognition to each Neighborhood Crime Watch Chairman for their support and participation in the Crime Watch program. He stated that the efforts put forth by these con- cerned citizens working together made this program an effective crime reducement for their community. Certificates of Recognition were presented to: Mr. William Fleming Mrs. Bess Grimes Mr. James W. Smith Mr. Rick Vognild Mrs. Joanne Coleman Mrs. Sheryl Howerton Mrs. Rhonda Liken Ms. Susan Libbey Jane Secrest Mayor Dodd recognized Chairman Fleming. Mr. Fleming stated that all of the people involved in the Crimewatch Program deserved recognition and explained the principles of the Crimewatch Program. AGENDA ITEM NO. A.5-PRESENTATION OF ANNUAL REPORT BY WARNER AMEX CABLE COMMUNICATIONS INC. OF FARMERS BRANCH. Mayor Dodd explained that this item was placed on the agenda at the request of Lee Jackson, Vice President and General Manager of Warner Amex Cable. Mr. Jackson gave an annual report on the current and past year's progress and plans for 1983• Vol. 38, Page 95. Councilmembers questioned outages of the cable system and Mr. Jackson answered by stating that weather could cause difficulties in the transmission of cable TV. 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, Councilman Blair seconding, all voting "aye", that the following consent items be approved: a. Approved the minutes of the December 6, 1982 regular meeting. b. Approved the request by Locker Joint Venture for Final Plat approval of a Replat of Lot 4A, Block A, Metropolitan Business Park, Section Three. C. Approved the request by Superior Products Company for Final Plat approval of Stewco Development Subdivision No. 10. d. Approved the request by Moore Business Forms, Inc. for Final Plat approval of a Replat of Block 3, Valley View Place First Installment and Block 1, Valley View Place Fifth Installment. e. Authorized the advertisement for bids for the purchase and installation of playground equipment and park furniture. AGENDA ITEM NO. C.1-PUBLTC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A COMMERCIAL PARKING LOT AND TAKE APPROPRIATE ACTION. REQUESTED B THE FARMERS BRANCH HOSPITAL AUTHORITY FOR THE PROPERTY LOCATED AT 12100 WEBB CHAPEL ROAD IN THE PD-18 0 ZONING DISTRICT. Mayor Dodd opened the public hearing by giving the following infor- mation from an Administrative memo. The Farmers Branch Hospital Authority has applied for a specific use permit to allow a commercial parking lot on the properties known as Tracts A-E, and H-2 located within the Medical Complex at the Northeast corner of the intersection of Webb Chapel Road and L.B.J. Freeway. The tracts in question are part of an approved site plan for expansion for the hospital's facili- ties. In December of 1980, the Hospital Authority was granted a spe- cific use permit to operate commercial parking lots on other tracts of property within the same Medical Complex. The Planning and Zoning Commission recommends that the request for specific use permit be approved as submitted. Vol. 38, Page 96. Mayor Dodd recognized Mr. Jack Bailey, representative for the Hospital Authority. Mr. Bailey stated that this request was a follow up to the previous request for site plan approval for controlled parking. Mayor Dodd recognized Sheryl Howerton, 3657 Morningstar Circle. Ms. Howerton stated that she was in favor of the request but would like to see free parking for people taking children to the center or going to a doctor in the center. Mr. Bailey stated that some doctors had chosen to use a parking vali- dation system and explained the procedure. Councilman Blair made a motion to close the public hearing. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. After Councilmembers discussed the parking validation system and lighting in the parking lots, Councilman Johnson made a motion to approve the request as submitted and adopt the following captioned Ordinance #1423: "An Ordinance Of The City Of Farmers Branch, Texas, Amending The Comprehensive Zoning Ordinance Of The City Of Farmers Branch, Texas, As Heretofore Amended, So As To Grant A Specific Use Permit For Two (2) Commercial Parking Lots Located At 12100 Webb Chapel Road In The PD-18 (0) Zoning District; Providing For Conditions Of Operation; Providing A Penalty Of Fine Not To Exceed The Sum Of Two Hundred Dollars ($200.00) For Each Offense; Providing A Severability Clause; Providing For Injunctive Relief; And Declaring An Emergency." Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. Mayor Dodd opened the public hearing by giving the following infor- mation from an Administrative memo. The applicant would like to withdraw the request for a private club and continue with the request for a restaurant. Cadillac/Fairview is requesting a specific use per- mit to operate a non-drive-in restaurant without outside sales window at 1601 LBJ Freeway. The applicant has stated that this facility will meet the Food Service needs of the Park West office building. Article 8, Section 114 of the City's Zoning Ordinance requires a specific use Vol. 38, Page 97. AGENDA ITEM NO. C.2-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A NON- DRIVE-IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW AND A PRIVATE CLUB permit for a non-drive-in restaurant without outside sales window. The Planning and Zoning Commission recommends that the request for a specific use permit be denied. Mayor Dodd recognized Mr. Mike Tucker, development officer for Cadillac/Fairview. Mr. Tucker presented his proposal for a restaurant in the Park West Building. The restaurant is proposed to meet the food service needs of the Park West Office Building. It is designed to provide a convenient, good quality breakfast and lunch to tenants in the building and their clients. The restaurant is proposed to be located on the first floor of office building E-1, and occupy a total of 2,167 sq. ft. The restaurant will seat a total of 67 people and staff 3 to 4 employees. Hours of operation will be from 7:00 a.m. to 7:00 p.m. It will operate five days a week, Monday through Friday. Food preparation will be limited to sandwiches, soups, salads and items that can be prepared using a microwave oven, convection oven or steam table. Mr. Tucker described the breakfast, lunch and dinner menus. There being no one else wishing to speak, Councilman Weidinger made a motion to close the public hearing. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. After discussion, Councilman Blair made a motion to approve the request for specific use permit for a non-drive-in restaurant without outside sales window at 1601 LBJ Freeway and authorize the City Staff to prepare the appropriate amending ordinance. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.3-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE DENSITY OFFICE DEVELOPMENT USES AND TAKE APPROPRIATE ACTION. REQUESTED BY BELTWAY DEVELOPMENT CO. FOR THE PROPERTY LOCATED ALONG THE EAST SIDE OF INWOOD ROAD BETWEEN ALPHA ROAD AND SPRING VALLEY ROAD IN A LIGHT INDUSTRIAL ZONING DISTRICT. Mayor Dodd opened the public hearing by giving the following infor- mation from an Administrative memo. Beltway Development Co. is requesting an amendment to zoning on the 4.4854 acre tract of land located along the east side of Inwood Road between Spring Valley Road and Alpha Road. Beltway Development Co. has submitted a proposed ordinance and development standards for approval which will increase the allowed density on the site. The Planning and Zoning Commission recommends that the request for zoning be approved with the condition that the standards be amended and that the site plan be approved at a later date. Vol. 38, Page 98. The property in question, an abandoned railroad right-of-way 80 feet wide and 2,443 feet long, is bounded by Inwood Road on the west side and a Dallas Power & Light utility easement on the east side. Proposed access to the property will be from Inwood Road. Zoning on the property is light industrial. Mayor Dodd recognized Mr. Daryl Snadon, representing Beltway Development Co. Displaying renditions, Mr. Snadon presented Beltway's proposal with a landscape plan for a combination of office and con- dominium use. He stated that there would be a total of 3.87 to 1 den- sity including the parking garage and the building itself would be 2 to 1 density. The proposal would be built in phases. Mayor Dodd recognized Mr. Kirk Williams. Mr. Williams stated that he represented the property owner to the east and that they were in favor of the request. Councilman Glancy made a motion to close the public hearing. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. Mayor Dodd asked Mr. Snadon if he was aware that the City Staff had recommended denial of the request. Mr. Snadon stated that he had found out the last working day prior to the Council meeting and he did have some questions on the recommendation. After discussion concerning decelaration lanes, widening Inwood Road and of tabling the consideration, Councilman Weidinger made a motion to table the item until the first meeting in February. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.4-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE LIGHT INDUSTRIAL TO A PLANNED DEVELOPMENT ZONING DISTRICT ALLOWING D ALPHA ROAD AND SPRING VALLEY ROAD IN A LIGHT INDUSTRIAL ZONING DISTRICT. Mayor Dodd opened the public hearing by giving the following infor- mation from an Administrative memo. Harold Clark is requesting an amendment to the zoning on a 11.2935 acre tract of land located along the west side of Dallas Parkway between Alpha Road and Spring Valley Road. Mr. Clark has submitted proposed development standards for approval. The standards increase the allowable density for the site. The Planning and Zoning Commission recommends that the request for zoning change be approved with the condition that private health clubs require specific use permit. Vol. 38, Page 99. Mayor Dodd recognized Mr. Kirk Williams, representing Clark Walter's partnership. Mr. Williams stated that Mr. Harold Clark and Mr. Bill Walters were owners of the property. He requested that health clubs and private clubs be allowed as primary uses with or without specific use permit for 20 years in the Farmers Branch Office Park. Mayor Dodd recognized Mr. Harold Clark, owner of the property. Mr. Clark stated that he had researched developers for the property and that the Bill Walters Co. was chosen as the developer. Mayor Dodd recognized Mr. Bill Walters, developer, and Mr. Norm Shelton, with Bill Walter's Co. Mr. Shelton presented a slide program on Bill Walters Co.'s developments in Denver, Colorado. Mayor Dodd recognized Mr. Tom Clark, with Bill Walter's Co., who described the proposed project of office buildings, parking structures and a helth club facility. The Mayor recognized Mr. John Scogg who described the proposed ath- letic club. The project is proposed to be constructed in phases. Mayor Dodd recognized Mr. Daryl Snadon, with Beltway Development Co. Mr. Snadon stated that he was in favor of the request for a zoning amendment. Councilman Glancy made a motion to close the public hearing. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. After discussion concerning the traffic situation, plans for widening of Toll Road, of parking and site plans, Councilman Johnson made a motion to adopt the following captioned Ordinance #1422: "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 The Zoning District Classification Of The Tract Of Land Bounded On The South By Alpha Road; Bounded On The East By Dallas Parkway; On The North By Spring Valley Road; And On the West By The Dallas Power And Light Transmission Line Easement From The Current Zoning District Classification Of Light Industrial (LI) To Planned Development Zoning District Number 42 (PD-LI) Allowing High Density Mixed Uses; Establishing Development Standards For PD Zoning District Number 42 Providing A Saving Clause; Providing Injunctive Relief; Providing A Severability Clause; Providing A Penalty Of Fine Not To Exceed The Sum Of Two Hundred Dollars ($200.00); And Providing An Effective Date"; with the following amendments: I Vol. 38, Page 100. 1. Parking requirements be 1 parking space per 300 sq. ft. of gross floor area 2. In secondardy uses private clubs and helioports be permitted subject to the granting of a specific use permit 3. Parking for health club facility be approved at the time of appropriate site plan approval. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.5-CONSIDER REQUEST TO DISCUSS ORDINANCE NO. 1394 PROHIBITING KEEPING OF ANIMALS IN THE CITY AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Ordinance No. 1394 was adopted on August 30, 1982. The ordinance prohibits keeping animals not normally con- sidered domesticated such as leopards, cougars, panthers, lions and other similar wild animals within the city limits except in a medical research project under institutional supervision. Mr. and Mrs. Morgan who reside at 2641 Dixiana have several animals on their premises that are prohibited by Ordinance No. 1394• The animals are caged and do not run at large. The Morgans have had the animals for several years prior to Ordinance No. 1394 being adopted. Mr. Morgan wishes to discuss the Ordinance with the City Council. Mayor Dodd recognized Mr. Elmer Morgan, 2641 Dixiana. Mr. Morgan read a statement of the history of keeping exotic pets including safety measures and pet care. He presented a petition signed by his neigh- bors stating that the neighbors had no objection to the Morgans keeping exotic animals. Ir Councilmembers discussed the visit by Veternarian Dr. Jim Miller's statements concerning the good care of the animals by the Morgans, concerns of the welfare of neighbors and the animals kept by other owners. Councilmembers discussed allowing exotic pets being kept by private individuals within the City prior to Ordinance No. 1394 being adopted to remain in the City provided a permit has been secured. Mayor Dodd recognized City Attorney, John Boyle. Mr. Boyle stated if desired by the Council, private individuals owning exotic pets prior to Ordinance No. 1394 being adopted could be given a specific time period to apply for an appropriate permit under the grandfather clause. He stated that 90 days would be an acceptable time period and Vol. 38, Page 101. that the criteria of the permits could comply with the Long Island Ocelot Club's standards for housing and handling. Councilman Weidinger made a motion to instruct the City Attorney to draft an ordinance to amend Ordinance No. 1394 to allow a 90 day time period be given to private individuals owning exotic pets prior to the adoption of Ordinance No. 1394 to obtain a permit to be issued on an annual basis to determine compliance with the Long Island Ocelot Club's standards for housing and handling and bring back to the next Council meeting. Councilman Glancy seconded the motion. Councilmembers discussed the appropriate fee for the permit, access to the exotic pets and insurance covering the ownership of exotic pets. It was discussed that one of the standards to be met receiving a per- mit would be that the owner would have to have a Certificate of Insurance covering the liability exposure. Also when license is issued, there be a requirement for owner to register the name of indi- viduals to contact in case owner is unavailable. Councilmembers Weidinger, Glancy, Blair and Dingman voting "aye" and Councilman Johnson voting "nay". The motion carried by a 4 to 1 vote. AGENDA ITEM NO. C.6-DISCUSS AGREEMENT WITH DEVELOPER _FOR REALIGNMENT APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Centre Development Company, Inc. has requested that they be charged only $33,833.53 as their participation in the cost of the realignment of Alfred/Hutton Drive. This cost was determined as the cost that Centre would have incurred to have constructed the straight alignment under their Contract with L. H. Lacy Construction Company. The City had anticipated, based upon esti- mates submitted by Centre's engineering consultant, that Centre would have participated in this cost in the amount of $46,000.00. Based upon the bid prices submitted by the low bidder on the realignment projects, the City sent Centre a bill for $46,153.80. The City Council Minutes and tape are vague as to whether the City's cost was limited to $50,000.00 or if the cost would be based upon the actual bids received. The City Staff requested that the City Council clarify their intent as to the amount of City participation. Mayor Dodd recognized Mr. Craig Knight, representing Centre Development. Mr. Knight stated that Centre Development felt that they should be charged $33,833.53 as their participation in the cost of the realignment of Alfred/Hutton Drive based upon the cost of a straight alignment in accordance with the original contract. Vol. 38, Page 102. Mayor Dodd recognized Pat Haggerty, of 3155 Golfing Green and former Council member. Mr. Haggerty stated that, to his recollection, the amount the City was to pay was not specifically addressed. Councilwoman Dingman made a motion that the City pay $50,000.00 as their share of the construction cost on the realignment of Alfred/Hutton Drive and Centre Development pay the balance. Councilman Weidinger seconded the motion with Councilmembers Dingman, Weidinger voting "aye", Councilman Johnson voting "nay" and Councilmembers Glancy and Blair abstaining. Mayor Dodd recognized City Manager Paul West. Mr. West stated that the City had a contract for the total amount of $91,000.00, the City's portion being $50,000.00. He stated that the City needed an agreement with Centre Development to pay the balance. Councilman Blair made a motion to reconsider the item. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. Councilwoman Dingman made a motion authorizing the City pay $50,000.00 as its share of the construction cost on the realignment of Alfred/Hutton Drive subject to Centre Development's agreement that they pay the balance which is $41,801.50., and that the City pay for any change order initiated by the City and the Developer pay for any change order initated by the Developer. Councilman Weidinger seconded the motion with Councilmembers Dingman and Weidinger voting "aye", Councilman Johnson voting "nay" and Councilmembers Glancy and Blair abstaining. The motion carried by a 2 to 1 vote with 2 abstensions. MAYOR DODD CALLED FOR A BRIEF RECESS. AGENDA ITEM NO. C.7-CONSIDER REQUEST FOR SITE PLAN APPROVAL AND TAKE APPROPRIATE ACTION. REQUESTED BY RADER PROPERTIES FOR THE PROPERTY LCOATED AT THE SOUTHWEST CORNER OF VALLEY VIEW LANE AND VERONICA ROAD IN A PD LR-2 ZONING DISTRICT. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Rader Properties is proposing to construct an 8,400 sq. ft. office/retail building on the property located at the southwest corner of Valley View and Veronica. Site plan approval is required before a building permit can be issued. The Planning and Zoning Commission recommends the site plan be approved with five conditions. Vol. 38, Page 103. Mayor Dodd recognized Mr. Roy Kuhl, with Rader Properties. Mr. Kuhl stated that he was in agreement with the conditions proposed by the Planning and Zoning Commission. He stated that there was uniform signage on the building and there were not additional signs Councilman Blair made a motion to approve the site plan with the following amendments: 1. The proposed dumpster location is forward of the building line along Veronica and should be screened from public view by a 6 ft. masonry wall and landscaping. 2. Proposed dumpster screening plans to be submitted and approved by City Staff prior to permits being issued. 3. The site plan indicates the proposed building located one (1) ft. from the south property line. The building code will not permit any openings in the exterior walls of buildings located closer than five (5) ft. from the property line. 4• Due to the location of the building to the south property line only 1 exit can be provided for each lease space there- fore, no lease space can exceed 3,000 sq. ft. in area. 5. The property to be platted. 6. Remove the specific use permit that is existing on the pro- perty. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.8-CONSIDER REQUEST FOR SITE PLAN APPROVAL AND TAKE APPROPRIATE ACTION. REQUESTED BY BROVONT PROPERTIES FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF JOSEY LANE AND DENNIS LANE IN THE PD-3 MF-3 ZONING DISTRICT. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Mr. Glen Brovont is proposing to construct 216 apartment units on the property located at the northeast corner of Josey Lane and Dennis Lane in the PD-3 (MF-2) zoning district. Site plan approval is required before building permits can be issued. The Planning and Zoning Commission recommends that the site plan be approved with seven conditions. Mayor Dodd recognized Mr. Clarence Day, building superintendent for Brovont Properties. Mr. Day stated that he was in agreement with the site plan conditions proposed by the Planning and Zoning Commission. Mr. Day stated that the site plan submitted to the Council reflected these conditions. Vol. 38, Page 104. Mayor Dodd recognized Mr. John Glasschroeder, of 3332 Arawak and chairman of the Valwood Group. Mr. Glasschroeder requested that the Council table the item until the January 15, 1983 election. Mayor Dodd recognized Mr. Clarence Day. Mr. Day stated that if the site plan passed at this meeting, Brovont Properties would not move forward with permits or the plat plan until January 15, 1983. Mayor Dodd recognized Ms. Joan Holiday, 14424 Hague. Ms. Holiday stated that she felt that the item needed to be tabled until the January 17, 1983 meeting. Mayor Dodd recognized Director of Community Services Tom Scales. Mr. Scales stated that it would still be necessary for the Brovont pro- perty to be platted before building permits could be issued. He also stated that a landscape plan had been submitted. Councilman Weidinger made a motion to table the item for further review of the site plan and review of the landscape plan. The motion died for a lack of a second. Councilman Johnson made a motion to approve the site plan subject to the following conditions: 1. The property needs to be platted prior to permits being issued. 2. The six (6) ft. masonry fence be extended along the Josey Lane side of the property up to the U.S. Post Office pro- perty. 3. The proposed 6 inch water line be looped from Building #15 to tie into the proposed 8 ft. line along the north side of the property. 4. All radius and drive dimensions be shown on the site plan. 5. The dumpster located in the median at the entrance to the property be relocated. 6. Provide elevation of the proposed carports prior to building permits being issued. 7. Landscape plan be approved by the City Council prior to building permits being issued. Councilman Glancy seconded the motion. Councilwoman Dingman requested an amendment to Condition #7 so it would read "Landscape plan be approved by the City Council before a Certificate of Occupancy be Vol. 38, Page 105. issued". The amendment was accepted by Councilmembers Johnson and Glancy with Councilmembers Johnson, Glancy and Dingman voting "aye" and Councilmembers Blair and Weidinger voting "nay". The motion carried by a 3 to 2 vote. ITEM NO. C.9-CONSIDER REQUEST FOR SUPPLEMENTAL FUNDS TO SUPPORT THE IRTA PROJECT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The IRTA requests that the City contri- bute an additional $4,760.00 to support the IRTA Project Budget. Councilman Blair made a motion to approve $4,760.00 to support the IRTA project. Councilman Weidinger seconded the motion with all mem- bers voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.1-CONSIDER ORDINANCE NO. 1414 REZONING OF PD-39, FARMERS BRANCH OFFICE PARK AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Consideration of Ordinance No. 1414 is a continuation of the December 6, 1982 City Council meeting. Ordinance No. 1414 will rezone the property at the northwest corner of Inwood road and LBJ Freeway from its current zoning of Light Industrial to Planned Development Zoning District allowing high density office type uses. The City Staff recommends that Ordinance No. 1414 be adopted. Mayor Dodd recognized Mr. Pat Haggerty, 3155 Golfing Green. Mr. Haggerty requested that the Council consider the other alternative of LI uses until the buildings are torn down by the request of the pro- perty owners or altered for other specific uses. Mayor Dodd recognized Mr. Gillis Thomas, owners of 3 of the 5 warehouse properties on McEwen. Mr. Thomas requested that the five pieces of property be removed from the PD zoning district. Mayor Dodd recognized Vel Hawes, of HOK Architects. Mr. Hawes stated that he had mailed a letter to the City Council to reinforce that the original intent was not to affect the neighbors and that that HOK has no objection to the warehouses being carved out of the PD zoning district. He stated that they supported specific use permits for dining, private club, recreation and helioports, but that they objected to specific use permits for customer personal service or com- mercial parking uses. Councilwoman Dingman made a motion that the five warehouses be excluded from the PD zoning district. Councilman Weidinger seconded the motion. Vol. 38, Page 106. Mayor Dodd recognized City Attorney John Boyle. Mr. Boyle stated that the motion should include Ordinance #1414• Councilman Johnson made a motion to approve the following captioned Ordinance #1414 with the amended metes and bounds as shown in Exhibit "A" that deletes area of existing warehouses, and with the amendment that specific use permits be required for dining, private clubs, recreation and helioport uses: "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 The Zoning District Classification Of The Tract Of Land Bounded On The South By LBJ Freeway Access Road; Bounded On The West By Welch Road; On The North By A 40' Railroad Strip And Simonton Road; And On The East By Inwood Road From The Current Zoning District Classification Of Light Industrial (LI) To Planned Development Zoning District Number PD-39 (0) Allowing High Density Office Development Uses; Establishing Development Standards For PD Zoning District Number 39; Providing For Injunctive Relief; Providing A Severability Clause; Providing a Penalty Of Fine Not To Exceed The Sum Of Two Hundred ($200.00) Dollars; And Providing An Effective Date" Councilman Weidinger seconded the motion. Councilwoman Dingman requested to amend the motion by deleting dining uses as a specific use permit. The amendment was accepted by Councilmembers Johnson and Weidinger. All members voted "aye". The motion carried unanimously. AGENDA ITEM NO. D.2-CONSIDER ORDINANCE NO. 1418 APPROVING THE WATER PLAN FOR THE WESTERN INDUSTRIAL AREA AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. This item was tabled at the last City Council meeting for further discussion. The City Staff recommends that Ordinance No. 1418 adopting the water plan for the Western Industrial Area be approved. Mayor Dodd recognized Mr. Craig Knight, with Centre Plaza. Mr. Knight stated that he had not had time to study the ordinance and would like to continue working with the City Staff. Mr. Knight stated the funding of the installation of the water facilities would affect them greatly and he would request this itme tabled. Mayor Dodd recognized Director of Public Works Earl Deland. Mr. Deland stated that representatives of Cadillac Fairview and Bill Thompson have met with the City Staff to discuss the ordinance. After a lengthy discussion, Councilman Weidinger made a motion to table the item and instructed the City Staff to meet and study the Vol. 38, Page 107. ordinance with the Developers. Councilman Johnson seconded the motion with Councilmembers Weidinger, Johnson, Dingman and Glancy voting "aye" and Councilman Blair voting "nay". The motion carried by a 4 to 1 vote. AGENDA ITEM NO. D.3-CONSIDER ORDINANCE NO. 1419, PROVIDING FOR METHOD OF CHARGING DEVELOPMENTS FOR WATER SYSTEM IMPROVEMENTS FOR THE WESTERN INDUSTRIAL AREA AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The Ordinance under consideration on the agenda December 6, 1982 has been changed slightly by Staff recommen- dations. These recommendations are: 1. Westside water system estimated cost = $4,983,750 2. Per acre charge = $2,636.90/acre 3. Per squa re foot charge = $.06/sq. ft. 4. Include Valley View 16" line in total cost. 5. Include Valley View 16" line in Developer's Contract at current construction costs. The City Staff recommends that the City Council either approve this alternative cost recovery approach for the Western Industrial Area, or that the present development policy remain in effect. Councilman Weidinger made a motion that the item be tabled. Councilman Johnson seconded the motion with Councilmembers Weidinger, Johnson, Dingman and Glancy voting "aye" and Councilman Blair voting "nay". The motion carried 4 to 1. AGENDA ITEM NO. D.4-CONSIDER LETTER PROPOSED TO BE MAILED TO ALL SIGNATORIES OF BOND ELECTION PETITION AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. A draft copy of a letter to signatories of the petition requesting the bond election for the purchase of the property behind the Valwood Shopping Center was submitted. This letter was requested by the City Council at the December 6, 1982 meeting. The following is presentd as estimated cost in mailing the letters to each person who signed the petition: (a) Postage $228.00 (b) Stationary & Envelopes 95.00 $323.00 Councilman Blair made a motion to approve the mailing of the letters and the expense to mail these letters. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unani- mously. Vol. 38, Page 108. 1 Mayor Dodd recognized Mr. John Glasschroeder, 3332 Arawak. Mr. Glasschroeder asked if the legality of the petition should be deter- mined by the City Attorney or a Judge. Mayor Dodd recognized City Attorney John Boyle. Mr. Boyle stated that the statement as to the legality of the petition was requested by the City Council and was a legal opinion. Councilmembers made revisions to the letter to be sent to the citi- zens. AGENDA ITEM NO. D.5-CONSIDER AUTHORIZIATION TO ENTER INTO CONTRACT TO HIRE AN ARCHITECT FOR DESIGN LANDSCAPE AND IRRIGATION SYSTEM FOR MEDIANS AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The City Administration would like to enter into a contract with R. W. Wilkin to design, prepare contract documents, and supervise installation for landscaping and irrigation of the following areas: Oakbrook medians and right-of-ways, Valley View median and right-of-ways, and Ford Road medians. In the 1982-83 Capital Improvement budget, $250,000 was set aside for this project. Mr. Wilkins fee is $6,700. The City Staff recommended the City Council authorize the City Administration to enter into a contract with R. W. Wilkin for $6,700 to design the landscape an irrgation system for medians. Councilman Johnson made a motion to authorize the City Administration to enter into a contract with R. W. Wilkin for $6,700 to design the landscape an irrigation system for medians. Councilman Blair seconded the motion with all members voting "aye". The motion carried unani- mously. ITEM NO. D.6-CONSIDER AUTHORIZING THE EXECUTION OF A CONSULTANT CONTRACT FOR RENOVATION OF DON SHOWMAN POOL AND TAKE APPROPRIATE ACTION. Showman Pool. Mayor Dodd opened the discussion and recognized City Attorney John Boyle. City Adminstration is asking permission to have the City Manager sign a contract with Lawrence E. Hans and Associates to be the pool consultant for renovation of filter system at Don Showman Pool. Total cost of consultant will not exceed $13,100. The 1982-83 budget allocated $100,000. for the renovation of the pool. This will leave $86,900. for renovation of the pool. The City Staff recommends that the Council authorize the execution of a consultant contract to Lawrence E. Hans in the amount of $13,100. for the renovation of Don Vol. 38, Page 109. After a discussion concerning the amount for renovation being enough, of wether the pool could be renovated in time to open for the summer season and the automatic chemical distributing system, Councilman Johnson made a motion to authorize the execution of a consultant contract to Lawrence E. Hans in the amount of $13,100. for the renova- tion of Don Showman Pool. Councilman Glancy seconded the motion. After more discussion concerning the amount of the fee and the reputa- tion of Lawrence E. Hans, Councilmembers Johnson, Glancy, Dingman and Weidinger voted "aye" and Councilman Blair voted "nay". The motion carried 4 to 1. ITEM NO. D.7-CONSIDER AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BROWNING-FERRIS INDUSTRIES FOR SOLID WASTE DISPOSAL AT CAMELOT LANDFILL AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Browning-Ferris Industries (BFI) has requested that the City of Farmers Branch enter into an Agreement to dispose of solid waste at the Camelot Landfill which has been collected by BFI. This Agreement provides that BFI would deliver a minimum of 192,000 cubic yards of solid waste annually. The fee to be paid to the City is $1.10 per cubic yard, or a total fee of at least $211,000. annually. The term of the Agreement is five (5) years and provides for annual adjustment of the unit price fee in accordance with the change in the Consumer Price Index. The Staff recommends that the City enter into an Agreement with Browning-Ferris Industries for disposal of solid waste at the Camelot Landfill. Mayor Dodd recognized Mr. Jim Mazaris, Director of Marketing with BFI. Mr. Mazaris gave an explanation of the Agreement. After discussion, Councilman Weidinger made a motion to enter into an Agreement with Browning-Ferris Industries for disposal of solid waste at the Camelot Landfill. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.8-CONSIDER AWARDING THE BID FOR REFUSE SACKS FOR THE SANITATION DIVISION AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Bids for the annual supply of refuse sacks for the Sanitation Division were received on December 14, 1982. Two (2) bids were received from the ten (10) vendors which received bid packets. The lowest and best bid received was from Great Plains Bag Company at a unit price of $174.90 per thousand (1000) bags. Great Plains Bag Company was the supplier of sacks for 1982. Their plant manufactured 104,871 bags in excess of the amount ordered by the , City. By letter dated October 15, 1982, Great Plains Bag Company Vol. 38, Page 110. offered this quantity of bags at a unit price of $160.00 per thousand (1000). Delivery of sacks is stipulated to be February 15, 1983 and August 15, 1983. Funds for the purchase of sacks are included in the Sanitation Division budget in the amount of $230,000.00. The City Staff recommends that a Contract be awarded to Great Plains Bag Company for one million (1,000,000) refuse sacks at the unit price bid of $174.90 per thousand (1000) sacks for a total cost of $174,900.00. It is further recommended that the City purchase the 104,871 refuse sacks from Great Plains Bag Company at a unit cost of $160.00 per thousand (1000) as offered by their letter dated October 15, 1982 for a cost of $16,779.36. The total quantity of refuse sacks to be purchased for 1983 is 1,104,871 at a total cost of $191,679.36. Councilman Glancy made a motion to that a Contract be awarded to Great Plains Bag Company for one million (1,000,000) refuse sacks at the unit price bid of $174.90 per thousand (1000) sacks for a total cost of $174,900.00 and that the City purchase the 104,871 refuse sacks from Great Plains Bag Company at a unit cost of $160.00 per thousand (1000) as offered by their letter dated October 15, 1982 for a cost of $16,779.36. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.9-CONSIDER AWARDING THE BID FOR THREE REPLACEMENT VEHICLES. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Sixteen request for bid were distributed to vehicle manufacturers for replacement of one 1983 Station Wagon for the Marketing Department, one 1983 3/4 ton Pick-up for Sanitation and one 3/4 ton Pick-up for the Utilities Department, six bids were received. Carter Chevrolet "No Bid" all items. Low bidders, meeting specifications were Champion Ford for one 1983 Station Wagon for $10,191.56 and Steakley Chevrolet for two 1983 3/4 ton Pick-ups for a total of $21,949.40. The 1982-83 budget has approved a total of $28,055.40 for these purchases. The City Staff recommends that the Council authorize the awarding of bid for replacement vehicles to Champion Ford for one 1983 Station Wagon for $10,191.56 and Steakley Chevrolet for two 1983 3/4 ton Pick-ups for a total of $21,949.40• Councilman Johnson made a motion to award the bid for replacement vehicles to Champion Ford for one 1983 Station Wagon for $10,191.56 and Steakley Chevrolet for two 1983 3-/4 ton Pick-ups for a total of $21,949.40. Councilman Glancy seconded the motion Councilmembers Johnson, Glancy, Dingman and Weidinger voting "aye" and Councilman Blair voting "nay". The motion carried by 4 to 1. ITEM NO. D.10-CONSIDER AWARDING BID FOR A MOWING TRACTOR FOR THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The Parks and Recreation Department will Vol. 38, Page 111. be purchasing a replacement mowing tractor to use in the mowing of parks, right-of-ways and medians. Funds, in the amount of $17,177. were approved in the 1982-83 budget for the replacement. Bids were mailed to four vendors with three vendors meeting specifications returning bids: Zimmerer Kubota, Inc., Ben Griffin Tractor Company and H. L. Peterson submitting the low bid in the amount of $12,990. The City Staff recommends awarding the bid to for a mowing tractor to H. L. Peterson Company in the amount of $12,990. for the Parks and Recreation Department. Councilman Weidinger made a motion to award the bid for a mowing trac- tor to H. L. Peterson Company in the amount of $12,990. for the Parks and Recreation Department. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.11-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR SEWAGE FLOW CONTROL DEVICES AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The Town of Addison has proceeded with the installation of sanitary sewer metering stations at: 1. Brookhaven Club Drive and Marsh Lane 2. Rawhide Creek and Marsh Lane that will enable Addison to discharge sewage flows that are in excess of the capacity of the City of Farmers Branch sanitary sewer mains that receive these flows. To protect properties in Farmers Branch, it is deemed advisable to install sewage flow control devices on these two (2) sanitary sewer mains. It is estimated that these devices and the associated construction and installation will cost approximately $70,000. The City Staff recommends that the City Manager be authorized to advertise for bids for these sewage flow control devices. After some discussion, Councilman Johnson made a motion to authorize the City Manager to advertise for bids for sewage flow control devi- ces. Councilman Weidinger seconded the motion with Councilmembers Johnson, Weidinger and Dingman voting "aye" and Councilmembers Blair and Glancy voting "nay". The motion carried by 3 to 2. ITEM NO. D.12-CITIZEN PARTICIPATION. 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 Vol. 38, Page 112. 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 Farmers Branch-Carrollton Flood Control Board were discussed. b. Discuss Land Acquisition C. Discuss Pending and Contemplated Litigation THE COUNCIL RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2-CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Councilman Blair made a motion reappointing Bob Davis to Place 1 and Harold Mims to Place 5 in the Farmers Branch-Carrollton Flood Control District. Councilman Glancy 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 needed. AGENDA ITEM NO. E.4-CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. No action needed. 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 December 20, 1982 was adjourned at 12:41 P.M. C ity ecretary Vol. 38, Page 113.