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1983-01-17 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING JANUARY 17, 1983 7:30 P.M. COUNCIL CHAMBER POLICE BUILDING The following members of the City Council were present: Mayor John Dodd Mayor Pro Tem Carol Dingman Council Members David Blair Fred Johnson Bill Glancy Herb Weidinger 1 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 January 17, 1983 to order at 7:30 P.M. The meeting was televised. AGENDA ITEM NO. A.1-INVOCATION. Councilman Johnson gave the invocation. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES. Councilman Blair made a motion to approve the minutes of the December 20, 1982 City Council meeting. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. B.1-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. Vol. 38, Page 114 0 Rutha Shackelford, 13635 North Rawhide Parkway, submitted an application for reappointment to the Historical Preservation and Restoration Board. James Deckard, 12918 Epps Field Road, submitted an application for the Drainage Study Committee. After some discussion of needing additional members on the Drainage Study Committee, Councilman Weidinger made a motion to appoint Mr. Deckard to the Drainage Study Committee. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. MAYOR DODD RECOGNIZED MRS. ANNETTE WHEELER, LEADER OF GIRL SCOUT CADET TROOP 557, AND THE 9 GIRLS THAT MADE UP THE TROOP. AGENDA ITEM NO. C.1-CANVASS ELECTION RETURNS OF CITY BOND AND CITY CHARTER AMENDMENTS ELECTION OF JANUARY 15, 1983. Mayor Dodd recognized Election Judge William E. Morgan. The Council expressed appreciation to Mr. Morgan and his clerks for the smooth way the election was held. Mayor Dodd read the results of the election relating to the Bond Election. The results were: PROPOSITION NO. 1 "The issuance of tional and other a tax in payment FOR: AGAINST: TOTAL VOTES CAST: $2,300,000 General general municipal thereof" 1,079 294 1 , 373 Obligation park and recrea- purpose bonds and the levy of A motion by Councilman Weidinger, a second by Councilman Blair, all voting "aye", adopted the following captioned Ordinance No. 1426: "An Ordinance By The City Council Of The City Of Farmers Branch, Texas, Canvassing Returns And Declaring The Result Of A Bond Election Held In The Said City On The 15th Day Of January, 1983, And Declaring An Emergency". Mayor Dodd read the results of the election relating to the Charter Revision Election. The results were: VOTES FOR AGAINST Proposition No. 1 Proposition No. 2 767 316 623 661 Vol. 38, Page 115. VOTES FOR AGAINST Proposition No. 3 877 381 Proposition No. 4 964 245 Proposition No. 5 961 182 Proposition No. 6 1,051 228 Proposition No. 7 1,008 231 Proposition No. 8 980 249 Proposition No. 9 582 594 Proposition No. 10 980 211 Proposition No. 11 914 245 Proposition No. 12 1,076 116 Proposition No. 13 957 231 Proposition No. 14 816 312 Proposition No. 15 1,001 123 A motion by Councilman Blair, a second by Councilman Glancy, all voting "aye", adopted the following captioned Ordinance No. 1427: "An Ordinance By The City Council Of The City Of Farmers Branch, Texas, Canvassing Returns And Declaring The Result Of A Charter Election Held In The Said City On The 15th Day Of January, 1983, And Declaring An Emergency". AGENDA ITEM NO. C.2-CONSIDER REQUEST FOR THE INSTALLATION OF STOP SIGNS AT BEE STREET AND BRANDYWINE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by stating that this item had been placed on the agenda at the request of Fred Dowd residing at 13831 Bee Street. Mayor Dodd recognized Mr. Fred Dowd. Mr. Dowd presented a petition with signatures of approximately 90% of the homeowners from Squire to Valwood requesting that the City install stop signs at Bee Street and Brandywine to slow the traffic. Mr. Dowd told of dangerous incidents that had happened because of speeding vehicles on Bee in the vicinity of Brandywine. Mayor Dodd recognized Ms. Linda Smith, 13941 Bee. Ms. Smith stated that she was in agreement with the need for a stop sign at Brandywine and Bee Street and she also requested installing a 3-way stop at Rugby and Bee Street. After some discussion regarding the Staff studying this area of Bee Street for better traffic control, Councilman Johnson made a motion to authorize the installation of a stop sign on the Bee Street intersection at Brandywine and instructed the City Staff to study the area for the relocation of this stop sign or additional stop signs on Bee Street. Councilman Weidinger seconded the motion. Vol. 38, Page 116. Councilman Glancy asked to amend the motion to on the curve and Councilwoman Dingman asked to have the Staff report at the next Council meet Johnson and Weidinger accepted the amendments. Councilmembers Johnson, Weidinger, Dingman and Councilman Glancy voted "nay". The motion and 4 to 1 vote. include a warning sign amend the motion to ing. Councilmembers Blair voted "aye" and amendments carried by a AGENDA ITEM NO. C.3-HEAR REPORT AND RECOMMENDATION FROM THE DRAINAGE STUDY COMMITTEE AND TAKE APROPRIATE ACTION. Mayor Dodd explained that this item was placed on the agenda at the request of Doug Abbott, Chairman of the Farmers Branch Drainage Study Committee. Mayor Dodd recognized Mr. Doug Abbott, 14516 Dennis Lane. Mr. Abbott gave an up-to-date status report of the Drainage Study Committee. He stated that the committee's recommendations for the initial program of flood prevention which involves cleanup and maintenance along the creeks as follows: 1. Cooks Creek at the Denton Road drainage structure and the MKT Railroad trestle at an estimated cost of $500. 2. Rawhide Creek at the Denton Road bridge and the MKT Railroad bridge at an estimated cost of $500. 3. Rawhide Creek at the Webb Chapel Bridge at an estimated cost of $400. 4. Cooks Creek between Spring Valley and Josey Lane in the City of Carrollton at no cost to the City of Farmers Branch. Mayor Dodd recognized the Director of Public Works, Earl Deland. Mr. Deland stated that the City Staff had completed the maintenance on items No. 1 and No. 2 except for cleanup of trees and brush because that was considered a channel improvement project. He stated that nothing had been done on item No. 3 because it was private property and the City needed authorization from the owners to do any work. He also stated that there might need to be some removal of trees in the historical property area. On Item No. 4, Carrollton has been con- tacted and Carrollton is receptive to making cleanup to this point. After some discussion of the possible need for removing the trees, Councilman Blair made a motion that the City Staff, the Historical Preservation and Restoration Board and the Park and Recreation Board make a study of the trees along the Farmers Branch Creek to decide whether trees were needed to be removed and have the City Staff bring Vol. 38, Page 117. back a recommendation and that the City Staff investigate appropriate negotiaions in regards to cleanup of the private property on Rawhide Creek at the Webb Chapel bridge. Councilwoman Dingman seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.4-CONSIDER ORDINANCE NO. 1424 AMENDING ORDINANCE NO. 1394 PROHIBITING SPECIFIC ANIMALS WITHIN THE CITY LIMITS. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. On December 20, 1982, the City Council directed that an amendment to Ordinance No. 1394 be prepared establishing a permit procedure and criteria for issuing the permits for keeping of certain animals within the City limits of Farmers Branch. Ordinance No. 1424 has been prepared as directed by the City Council. Councilman Weidinger made a motion with Councilman Blair seconding the motion to approve the following captioned Ordinance No. 1424: "An Ordinance Of The City Of Farmers Branch, Texas, Amending Ordinance No. 1394, By Amending Section 2 Regulating Prohibited Animals Within The City; Establishing Length Of Term For Permit; Providing For Renewal Of Permit, Revocation Of Permit, Appeal From Denial Or Revocation Of Permit; Providing For A Penalty For Each Offense; Providing A Severability Clause; Providing For Injunctive Relief; And Declaring An Emergency". Councilman Johnson asked to include in the ordinance the requirement of the owner to provide liability insurance in the amount of $50,000 for property damage and $250,000 for personal injury and to name the City of Farmers Branch as co-insured was accepted by Councilmembers Weidinger and Blair with Councilmembers Weidinger, Blair, Dingman and Glancy voting "aye" and Councilman Johnson voting "nay". The motion carried by a vote of 4 to 1. AGENDA ITEM NO. D.1-CONSIDER ORDINANCE #1421 GRANTING A SPECIFIC USE PERMIT FOR A NON-DRIVE-IN RESTAURANT WITHOUT OUTSIDE ALES WINDOW AT 1 bUl ijbd YhEBWAY i1N TliE Pll-LZ lLl ) GUllill i ll1011'itluT AAA TRYsn ArrnUrnl- Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The City Council approved a specific use permit for a non-drive-in restaurant without outside sales window for the property located at 1601 LBJ Freeway on December 20, 1982 and instructed the Staff to prepare the appropriate amending ordinance. The Staff has prepared the amending ordinance as directed by the City Council. Councilwoman Dingman made a motion to adopt the following captioned Ordinance No. 1421: Vol. 38, Page 118. "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 A Non-Drive-In Restaurant Without Outside Sales Window In A PD-22 (LI) Zoning District; Providing For Conditions Of Operation; Providing A Penalty Of Fine Not To Exceed The Sum Of Two Hundred ($200.00) Dollars For Each Offense; Providing A Severability Clause; Providing For Injunctive Relief; And Declaring An Emergency". Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.2-CONSIDER ORDINANCE ##1425 GRANTING A 3% RATE INCREASE TO LONE STAR GAS COMPANY AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Lone Star Gas Co. filed for an increase in rates equal to 5.6% or additional revenues of $690,828.00 annually. Touche Ross & Co. has examined the request and recommended Lone Star be granted an increase of 3% or $374,797.00 annually. The increase will be collected from customers in Farmers Branch, Carrollton and Addison. Lone Star has accepted the rates as recommended by Touche Ross & Co. and placed them in effect under bond on December 15, 1982. This bonding was required to place the rates in effect in all three cities on the same date. Mayor Dodd recognized Ms. Sandy Shrader, with Touche Ross & Co. Ms. Shrader gave an analysis of the request for rate increase by the Lone Star Gas Company and the recommendation of Touche Ross Co. Councilman Johnson made a motion to adopt the following captioned Ordinance ##1425: "An Ordinance Fixing And Determining The General Service Rate To Be Charged For Sales Or Natural Gas To Residential And Commercial Consumers In The City Of Farmers Branch, Dallas County, Texas; Providing For The Manner In Which Such Rate May Be Changed, Adjusted, And Amended; And Providing For A Schedule Of Service Charges". Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. MAYOR DODD ANNOUNCED THAT ITEMS NO. D.3 AND D.4 WOULD BE DISCUSSED AT THE SAME TIME. AGENDA ITEM NO. D.3-CONSIDER ORDINANCE NO. 1418 APPROVING THE WATER PLAN FOR THE WESTERN INDUSTRIAL AREA AND TAKE APPROPRIATE ACTION. Vol. 38, Page 119. AGENDA ITEM NO. D.4-CONSIDER ORDINANCE NO. 1419 PROVIDING FOR METHOD OF CHARGING DEVELOPMENTS FOR WATER SYSTEM IMPROVEMENTS FOR THE WESTERN INDUSTRIAL AREA AND TAKE APPROPRIATE ACTION. The Council reviewed a water system plan for the Western Industrial Area. The Western Industrial Area involves all the areas west of IH35, Stemmons Freeway, within the City limit boundary. This plan shows both the existing and proposed water distribution mains that make up the basic skeleton for the transmission of water to and through the Western Industrial Area. The proposed water main sizes are based upon the water distribution system analysis performed by the Engineering Division. The water plan shows all existing lines and the proposed 1611, 1811 and 24" water lines. These water mains will provide redundant "feeds" to the Western Industrial Area and "loops" of water transmission mains through the area. The redundant feeds and loops are needed to insure that adequate water can be supplied to the area even with a major water main break or closure. The water plan also shows a tentative location for an elevated water storage tower for the low side pressure plane. The elevated water storage facility is needed to provide adequate water reserves to help the water system meta peak demands. Along with the consideration of the water establishing the provision of a method of water system improvements for the Western current policy developers pay for those 1 within the development or mains which are to serve their development. plan, the Council considered charging developments for Industrial Area. The ines which are adjacent to or offsite extensions necessary The proposed ordinance offers an alternative method for collecting the pro rata share developers pay for water lines. This method would distribute the cost of the transmission system to all developments, whether that line touches their land or not. A Developer's Contract would be used to collect the pro rata cost distributed to a develop- ment on the basis of "X" dollars per acres of development. A lengthy discussion was held between the members of the Council and City Manager Paul West and Director of Public Works Earl Deland. Items of concern discussed were cost recovery of the water system of the undeveloped property; the cost of the system estimated to the four major developers in this area of the existing policy versus the one proposed in the ordinance for consideration; and of recovery of water system cost on a pro rata basis as property is redeveloped in the area. There was discussion between the members of the Council, the Staff and Craig Knight with Centre Development relating to relocating a water Vol. 38, Page 120. line that was marked line "E" on the plan through the Centre Development property and the cost involved. Mr. Knight supported the existing policy. After more discussion, a motion by Councilman Weidinger, a second by Councilwoman Dingman, all voting "aye", authorized the existing policy to remain in effect. A motion by Councilman Weidinger, a second by Councilman Blair, all voting "aye", adopted the following captioned Ordinance No. 1418 with the revision in the plan where the 18" water line marked line "E" would go through Centre Development's property: "An Ordinance Of The City Of Farmers Branch, Texas Approving Water Lines And System Plans For Specifically Delineated Area; Providing A Severability Clause And Declaring An Emergency". A motion by Councilman Blair, a second by Councilman Johnson, all voting "aye", instructed the City Staff to study the possibilities of adopting an ordinance that would provide a charge for water facilities of any redevelopment area in the City. AGENDA ITEM NO. D.5-CONSIDER AUTHORIZING CITY TO PAY FOR CRIME WATCH SIGNS FOR THE NEIGHBORHOOD CRIME WATCH PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that this item was placed on the agenda at the request of Councilwoman Dingman. Councilwoman Dingman stated that although supplying Crime Watch signs was a nominal cost to the citizens she felt that the City purchasing the signs would be a good way to show support and encourage the Crime Watch program. The estimated cost of the signs for every possible location in the City is $11,200.00. The City now pays for the installation and replacement of the signs. Councilwoman Dingman recommended the funding of these signs. Mayor Dodd explained that the program was designed to create closeness and teamwork between neighbors and that he felt that the City should not take this part of the involvement away from the citizens. Councilmembers discussed the effectiveness of the signs being a crime deterrent if the City installed the signs as opposed to the citizens. Mayor Dodd recognized Mr. Bill Fleming, 12906 Mitchwin. Mr. Fleming stated that he was Chairman of one of the Crime Watch areas and that he felt that the system was a good one and that the policy should not be changed. Mr. Fleming and Mayor Dodd both volunteered to help any group pay for their crime watch signs or find someone to sponsor the purchase of the signs. Vol. 38, Page 121. Councilwoman Dingman made a motion that the City purchase the Crime Watch signs, retain control over the signs so that the City can distribute the signs in a manner which is most beneficial and take the signs back if the Crime Watch area seems to be no longer effective. The motion died for a lack of a second. F~' AGENDA ITEM NO. D.6-CONSIDER OPTION TO LEASE SUITE 230 OF THE FARMERS BRANCH SHOPPING CENTER FOR CONTINUED USE AS SURTRAN TERMINAL. Mayor Dodd explained that the City Staff recommended the lease not be renewed at this time. Councilman Blair made a motion that the lease of Suite 230 of the Farmers Branch Shopping Center for use as a Surtran terminal not be renewed. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.7-CONSIDER AUTHORIZING THE EXECUTION OF A LANDSCAPE MAINTENANCE AGREEMENT WITH THE FARMERS BRANCH HOSPITAL AUTHORITY. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Lutheran Medical Systems of North Texas is wishing to enhance and maintain the city median and right-of-way along Medical Center Drive, Maybrook and Myra Lane. The City Staff has reviewed the landscape and irrigation plan and finds them accep- table. Lutheran Medical System of North Texas has agreed to pay for the installation and maintenance including watering of all plant and irrigation systems. The City Staff recommends that the City Council approve authorizing the execution of a Landscape Maintenance Agreement. Councilman Weidinger made a motion to authorize the execution of a Landscape Maintenance Agreement with Lutheran Medical System of North Texas. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.8-CONSIDER AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 1 TO THE JOSEY LANE BRIDGES PROJECT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. A Southwestern Bell Telephone Company conduit has been found to be in the way of construction of two of the drilled piers for the interior bents for the northbound lanes bridge. The Telephone Company had originally told the City there was no telephone cable in the area of the new bridges. The existing conduit was encountered while drilling the bridge pier shafts. A change order is recommended to add an additional pier required to bridge over the existing telephone conduit. The estimated cost for the change order is $4,600.00. Vol. 38, Page 122. After some discussion, Councilman Weidinger made a motion to authorize the execution of change order No. 1 to the Josey Lane Bridges Project. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.9-CITIZEN PARTICIPATION. Mayor Dodd recognized Mr. John Glasschroeder, 3322 Arawak. -Mr. Glasschroeder asked what action would be taken now that the bond elec- tion had passed approving the purchase of park property. Mayor Dodd presented a tentative schedule that had been worked up by the City Staff outlining procedures on purchasing the property for a park. 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 Reappointments to the Zoning Board of Adjustment and Building Code Board of Appeals 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 Bill Morgan, Richard Vognild and Bill Hinckley to the Zoning Board of Adjustment and the Building Code Board of Appeals for a term to expire December 1, 1984• Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. Councilwoman Dingman made a motion to reappoint Maryanne Chapman, Inez Good, Rutha Shackelford and Jerry Wilcox to the Historical Vol. 38, Page 123. Preservation and Restoration Board for a term to expire January 1, 1985• Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. Councilman Weidinger made a motion to appoint Bill Thompson to the Farmers Branch-Carrollton Flood Control Board of Directors for a term to expire December 15, 1984. Councilman Blair seconded the motion with all members voting "aye". Councilwoman Dingman made a motion to fund $1,100.00 out of the Hotel Motel Tax Fund for travel expenses of Lorraine Skamfer, Chairman of the Parks and Recreation Board in order that she may fulfill her duties as the City's representative in State and National conferences. Councilman Blair seconded the motion and all voted "aye". Mayor Dodd introduced Lisa White, Reporter with the Dallas Times Herald. 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 Weidinger made a motion to adjourn the meeting. Councilman Johnson seconded the motion with all members voting "aye". The motion carried. The meeting of January 17, 1983 was adjourned at 11:23 P.M. n 4-a City cretary Vol. 38, Page 124.