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1983-02-07 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING FEBRUARY 7, 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 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 February 7, 1983 to order at 7:30 P.M. The meeting was televised. AGENDA ITEM NO. A.1-INVOCATION. Mrs. Mary Hebert, newly elected Carrollton-Farmers Branch School Board member gave the invocation. AGENDA ITEM NO. A.2-PRESENTATION OF CERTIFICATES OF APPRECIATION TO CITY ELECTION JUDGES AND CLERKS. Mayor Dodd presented Certificates of Appreciation to the following City Election Judges and Clerks for their help in the January 15 Election: William E. Morgan, James Smith, Jeannene Dyer, Katheryn Reeves, Margaret Trubisky, Mary Morgan and Ray Ohlig. 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. Vol. 38, Page 125. No one was present to present a board application to 'the Council. AGENDA ITEM NO. A.4-PRESENTATION OF SERVICE AWARDS. Mayor Dodd awarded Anne Taylor of the Library Department a 5 Year Award. 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 Councilman Johnson asked that Item B.2 be withdrawn as a Consent Item. Councilman Johnson made a motion, Councilman Blair seconding, all voting "aye", that the following consent items be approved with Item B.2 being withdrawn as a Consent Item and the notation that Item B.6 is being paid under protest: 1. Approved the minutes of the January 17, 1983 regular meeting. 3. Approved the request by Remington Steel Corporation for Final Plat approval of a Replat of Lots 1 and 2, Block 1, Valley View Addition No. 1 located on the southwest corner of Valley View Lane and Tom Field Road. 4. Approved the request by approval of Rader Valle of Valley View Lane and 5. Authorized an Agreement for the costs of labor, maintenance. Homer J. Rader, Inc. for Final Plat y View located on the southwest corner Veronica Road. with Dallas County for reimbursement equipment and materials for roadway 6. Authorized the first quarter payment to the Dallas County Appraisal District in the amount of $12,424.00 under protest. 7. Authorized the advertisement for bids for the following three Water System Improvement Projects: a. 24" water transmission main along Cooks Creek from Denton Drive to the C.R.I.&P. Railroad b. 18" water transmission main in Senlac Drive from Valley View Lane to Diplomat Drive Vol. 38, Page 126. C. 18" water transmission main along C.R.I.&P. Railroad from Valley View Lane to Crown Drive. MAYOR DODD RECOGNIZED STUDENTS FROM HISTORY AND GOVERNMENT CLASSES AT THE VALLEY VIEW SCHOOL. AGENDA ITEM NO. B.2-CONSIDER PASSING ORDER CALLING CITY COUNCIL ELECTION FOR PLACES 1, 3 & 5 AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. An Election Order and Election Notice will: a. Call the City Council Election on April 2, 1983. b. Call for the election of Three Councilmen, 1, 3 & 5. c. Establish the hours of voting between 7:00 a.m. and 7:00 p.m. d. Voting locations will be the Farmers Branch Public Library. e. Set dates and time for absentee voting. It is necessary that an Election Judge and Alternate Election Judge be named. The names will be inserted in the order when an Election Judge and Alternate Election Judge have been appointed. Councilman Johnson made a motion to calling the City Council election for places 1, 3 and 5 to be held on April 2, 1983 at the Farmers Branch Library with voting hours between 7:00 a.m. and 7:00 p.m.; setting the date of absentee voting beginning on March 14 and ending March 29 from 8:00 a.m. to 5:00 p.m. at the City Hall; and appointed Bill Morgan as Election Judge and James Smith as Alternate Election Judge. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.1-DISCUSS TRAFFIC CONDITIONS ON BEE STREET AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. As directed by the City Council, the City Staff has studied traffic conditions on Bee Street to evaluate the possible location or locations for stop signs. The City Staff believes that if a stop sign is to be placed on Bee Street, the best location for the stop sign would be on Bee Street at Springvale Lane. Mayor Dodd recognized Mr. Fred Dowd, 13131 Bee Street. Mr. Dowd requested that the City install stop signs at Bee Street and Brandywine, at the curve, to slow the traffic instead of installing stop signs at Bee Street and Springvale as recommended by City Staff. Vol. 38, Page 127. Mayor Dodd recognized Mr. Charles McGuire, 2503 Brandywine. Mr. McGuire stated that he was in support of installation of a stop sign at Brandywine and Bee Street. He told of incidents involving cars ending up on his property and his own vehicles being hit. Mayor Dodd recognized Director of Public Works Earl Deland. Mr. Deland stated that the City Staff recommended that a four-way stop be installed at Springvale or that Springvale be left as is. He stated that the configuration of a stop sign at Bee in the northbound lane at Brandywine and southbound at Springvale would be difficult to enforce and that it would cause confusion at the Springvale intersection. After some discussion regarding installation of "Dangerous Curve" signs and lowering the speed limit, Councilman Johnson made a motion to adopt the following captioned Ordinance #1431 specifying the placement of stop signs on Bee Street and Brandywine Lane: "An Ordinance Of The City Of Farmers Branch, Texas, Amending Ordinance No. 1381; Specifying The Placement Of Stop Signs On Bee Street At Brandywine Lane; Repealing All Conflicting Ordinances; Providing For A Penalty Of Fine Not To Exceed Two Hundred Dollars ($200.00) For Each Offense; Providing A Severability Clause; And Declaring An Emergency" Councilman Weidinger seconded the motion. Councilwoman Dingman made an amendment to the motion to include that the "STEP" program be instituted on Bee Street. The amendment was accepted with Councilmembers Johnson, Weidinger, Blair and Dingman voting "aye" and Councilman Glancy voting "nay". The motion carried by a 4 to 1 vote. AGENDA ITEM NO. C.2-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE ZONING DISTRICT AND ANY OTHER DISTRICT WHICH IS MORE RESTRICTIVE BY REASON OF LAND USE AND HEIGHT AND TAKE APROPRIATE ACTION. REQUESTED BY SUMMER-WILLIAMS INVESTMENTS, INC. FOR THE PROPERTY LOCATED AT 13555 AND 13595 INWOOD ROAD IN A LIGHT INDUSTRIAL ZONING DISTRICT. Mayor Dodd opened the public hearing by giving the following infor- mation from an Administrative memo. Summers-Williams Investments, Inc. is requesting an amendment to the zoning of the properties located at 13555 and 13595 Inwood Road from their current zoning of Light Industrial to a Planned Development zoning district in order to construct high-rise office buildings. The Planning and Zoning Commission recommends to the City Council that the request be approved with seven conditions. Mayor Dodd recognized Mr. Hank Williams, representing Summer-Williams Investments, Inc. Mr. Williams stated that Summer-Williams Vol. 38, Page 128. Investments, Inc. wanted to construct an office project on the site which now includes the Finger Furniture Company and the GTE Sylvania property. He requested that the City Council approve the recommen- dations of the Planning and Zoning Commission. Mayor Dodd asked if anyone in the audience wished to speak in favor of or in opposition to the request. No one spoke. Councilman Blair made a motion to close the public hearing. Councilman Glancy seconded the motion with all members voting "aye". The motion carried. The public hearing was closed. After some discussion, Mayor Dodd recognized Director of Community Services Tom Scales. Mr. Scales suggested that, in order to avoid confusion, office support uses be changed to office uses in the second condition recommended by the Planning and Zoning Commission. Councilman Johnson made a motion to adopt the following captioned Ordinance #1428 changing the zoning of the properties located at 13555 and 13595 Inwood Road from light industrial to a planned development district with conditions as recommended by the Planning and Zoning Commission: "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 Change The Zoning Designation From Light Industrial (LI) To Planned Development District No. 43 Allowing Office Uses, On The Tract Of Land Located At 13555 And 13595 Inwood Road; Providing For A Penalty Of Fine Not To Exceed The Sum Of Two Hundred Dollars ($200.00) For Each Offense; Providing For Injunctive Relief; Providing A Severability Clause; And Declaring An Emergency" PROURST FOR SITE PLAN APPROVAL AND TAKE Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Jackson Shaw is proposing to construct two 5' x 16' ground signs, to identify the office-showroom complex located at 1901 Royal Lane in the PD-22 (LI) zoning district. Site plan approval is required before permits can be issued. The Planning and Zoning Commission recommends that the request be approved with the condition that the name Jackson Shaw be omitted from the signs. Mayor Dodd recognized Mr. Jess Pettit, representing Jackson Shaw. Mr. Pettit requested that the City Council approve the request for site Vol. 38, Page 129. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. plan approval and stated that Jackson Shaw would accept the condition that the name Jackson Shaw be omitted from the signs. Councilman Johnson made a motion to approve the request for site plan approval at the location at 1901 Royal Lane for a sign with the con- dition that the name Jackson Shaw be omitted from the signs. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.4-CONSIDER REQUEST FOR SITE PLAN APPROVAL AND TAKE_ PD-28 ZONING DISTRICT. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Mr. Joel Robuck is requesting an amend- ment to the approved site plan for the Brookhaven Village Condominium project located at the northwest corner of Marsh Lane and Gardenbrook Drive. Mr. Robuck is proposing to reduce the size of some of the units and increase the total number of units on the site. This amend- ment would affect Phase II of the original approved site plan only. Site plan approval is required before building permits can be issued. The Planning and Zoning Commission recommends to the City Council to approve the request for site plan approval with the following conditions: 1. The exteriors of the condominium units, excluding doors and windows to be of 60% brick and 40% wood as approved on the original site plan. 2. Any change in the approved landscape plan be approved by the City Staff. Mayor Dodd recognized Mr. Joel Robuck. Mr. Robuck stated that he was present in behalf of the request and was in agreement to the con- ditions recommended by the Planning and Zoning Commission. He stated that he is requesting to amend the approved site plan in order to increase the number of units from 52 to 68. Mr. Robuck stated that, since the beginning of this project, it has come to his attention that the market is requesting smaller size units. Mr. Robuek stated that Phase II would be cut in half and be known as Phase II and Phase III. Mr. Robuck stated that this change was made due to the fact that FHA would not approve anyone moving into a condominium until at least half of the project had been completed and that FHA loans were the most used. After some lengthy discussion concerning loss of landscaped areas, exterior staircase size, parking and the size of the units, Councilman Blair made a motion to deny the request for site plan approval. Vol. 38, Page 130. Councilwoman Dingman seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.5-CONTINUATION OF CONSIDERATION OF A REQUEST TO AMEND THE ZONING ON A 4.4854 ACRE TRACT OF LAND FROM ITS CURRENT ZONING OF LIGHT INDUSTRIAL TO A PLANNED DEVELOPMENT USES AND TAKE APPROPRIATE ACTION. REQUESTED BY BELTWAY DEVELOPMENT CO. FOR THE AND SPRING VALLEY ROAD IN A LIGHT INDUSTRIAL ZONING DISTRICT. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. This item was continued from the December 20, 1982 City Council meeting. Beltway Development Co. is requesting a zoning change which will allow high density office deve- lopment and is also requesting that a site plan be approved as_a part of the amending ordinance. The Planning and Zoning Commission recom- mend that the request for zoning be approved at a later date. The City Staff recommends that the request for zoning be approved with the conditions established by Ordinance No. 1431• Mayor Dodd recognized Director of Public Works Earl Deland. Mr. Deland stated that the Staff had investigated the feasibility of constructing a six lane arterial street along Inwood Road between Alpha and Spring Valley. He stated that there was an existing 80 ft. right-of-way which would not aceomodate the six lane arterial street as recommended in the recent traffic study. Mr. Deland stated that there was a question as to whether right-of-way needed to be acquired from the Beltway Development property in order to install the six lane arterial street. He stated that the City Staff was recommending that the 12 ft. additional right-of-way be acquired along the west side of Inwood Road from the parking areas of three properties. Mayor Dodd recognized Daryl Snadon, owner of Beltway Development. Mr. Snadon stated that he was in agreement with the City Staff's recommen- dation. He discussed the set back requirements and approval of the site plan. After some discussion, Councilman Johnson made a motion to adopt the following captioned Ordinance #1431 with the amendment under D.3 that the rear property line setback be 0 ft. and to consider the site plan after an appropriate recommendation from the Planning and Zoning Commission: "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 West By Inwood Road; On The North By Spring Valley Road; And On The East By The Dallas Power And Light Trans- Vol. 38, Page 131. mission Line Easement From The Current Zoning District Classifica- tion Of Light Industrial (LI) To Planned Development Zoning District Number 41 (PD-LI) Allowing High Density Office Develop- ment Uses; Establishing Development Standards For PD Zoning District Number 41; Providing A Saving Clause; Providing Injunc- tive 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". Councilman Glancy seconded the motion with all members voting "aye". The motion carried unimously. Councilwoman Dingman stated for the record that it was the consensus of the Council to build a six lane divided roadway for Inwood Road and the additional 12 ft. of needed right-of-way be acquired from the west side of Inwood Road. AGENDA ITEM NO. D.1-CONSIDER ORDINANCE NO. 1429 REQUIRING CERTIFICA- TION OF FOOD SERVICE ESTABLISHMENTS. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The City Staff is proposing Ordinance No. 1429 which require food service managers to be certified by testing following a mandatory classroom training period. The manager is a key to safe and sanitary food handling procedures in food service establishment. The certification program will not require additional manpower or add additional costs to the City. Councilman Johnson made a motion to adopt the following captioned Ordinance No. 1429 requiring certification of managers of food service establishments: "An Ordinance Of The City Of Farmers Branch, Texas, Requiring Food Manager Certification For Managers Of Food Establishments Within The City; Exempting Certain Food Managers From Certification; Establishing Requirements For Manager's Certification; Establish- ing The Term Of Certi.fiction; Providing For Renewal Of Certifica- tion Providing For Revocation Of Certification; Establishing Requirement That Certificate Be Displayed; Establishing An Application Fee For Manager's Certification; Providing For Penalty For Violation, Injunctive Relieve, Severability; And Providing An Effective Date". Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.2-CONSIDER ORDINANCE NO. 1430, REVISING THE SUBDIVISION ORDINANCE AND TAKE APPROPRIATE ACTION. Vol. 38, Page 132. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Ordinance No. 1430 brings the City Subdivision Ordinance into compliance with changes in State Law regarding matters of replatting property. It also makes some minor revisions to the platting fees to reflect increased costs and recovery of same. The City Staff recommends that this Ordinance, repealing Ordinance No. 1077 and establishing rules and regulations for the platting of property in Farmers Branch, be approved. After some discussion, Councilman Weidinger made a motion to adopt the following captioned Ordinance No. 1430 revising the Subdivision Ordinance: "An Ordinance Of The City Of Farmers Branch, Texas, Repealing Ordinance No. 1077; And Establishing The Rules And Regulations Governing The Platting And Subdivision Of Land; Providing A Penalty Of Fine Not To Exceed The Sum Of Two Hundred ($200.00) Dollars For Each Offense; Providing For Injunctive Relief; Pro- viding A Severability Clause; And Declaring An Emergency". Councilman Johnson seconded the motion and all voted "aye". The motion carried unanimously. The Council explained that the major change is the requirement to replat the property when changing the use in major ways, such as, replacing a warehouse with a high-rise office building; and that the replat will also require that the Developer enter into a new Developer's Contract with the City at that time. AGENDA ITEM NO. D.3-CONSIDER AWARDING THE BID FOR PARK FURNITURE AND PLAYGROUND EQUIPMENT FOR THE PARKS AND RECR ATI N DEPARTMENT N TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion with the following information from an Administrative memo. Funds were appropriated for the 1982-83 Capital Improvement Budget for the purchase and installation of park furniture and playground equipment. Bids were mailed to five vendors with three vendors returning bids: General Industrial Corporation, Foundation Tendons, Inc. and Bar Conntructors, Inc. Bids were opened on Thursday, January 20, 1983. Only Bar Constructors, Inc. filled out the bid packet completely. General Industrial Corporation returned the low bids for a total of $54,763.65, for Don Showman Park items 1, 2,3,4 and 5; Dutch Village Park items 1,3,4,5 and 7; Jaycee Park items 1,2,3,4,7 and 8; Squire Park items 1,2,3 and 4; Gussie Field Waterworth Park items 1,2,4,5,7,8,9 and 10; Ft. Rawhide items 1,3 and 7; Mallon park items 1 and 2; Sculpture Village item 1; Temple Trails Park items 1,2 and 3; Town North Park items 2,3 and 6; Kerr Park items 1,2,4 and 6; Pepper Park items 1,3,4 and 5; Oakbrook Park items 1; and Oran Good Park items.1,2,3 and 4. Foundation Tendons, Inc. returned the low bids for a total of $15,207.00 for Don Showman Park item 6; Dutch Village Park item 6; Squire Park item 5; Gussie Field Waterworth Park items 3 and 6; Ft. Rawhide items 4, 5 and 6; Sculpture Village Vol. 38, Page 133. items 2 and 3; Temple Trails Park item 4; Town North Park item 1 and 4; Kerr Park item 5; and Pepper Park item 2. The total bid for park furniture and playground equipment was $69,970.65. The budgeted amount for park furniture playground equipment was $70,000.00. The City Staff recommended to consider awarding the low bids for park fur- niture and playground equipment for the Parks and Recreation Department to General Industrial Corporation in the amount of $54,763.65; and to Foundation Tendons, Inc. in the amount of $15,207.00 for the items as listed above. After discussion, Councilman Johnson made a motion to award bids for park furniture and playground equipment for the Parks and Recreation Department to General Industrial Corp. in the amount of $54,763.65; and to Foundation Tendons, Inc. in the amount of $15,207.00 for the items as listed above. Councilman Weidinger seconded the motion. Councilman Blair asked to amend the motion to include awarding $500.00 to General Industrial Corp. for two concrete trash receptacles at Jaycee Park. The amendment was accepted with all members voting "aye". The motion carried unanimously. ITEM NO. D.4-CITIZEN PARTICIPATION. No one spoke. MAYOR DODD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS, THE MEETING WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. r AGENDA ITEM NO. E.1-EXECUTIVE SESSION. a. Discuss Personnel Matters b. Discuss Land Acquisition Discuss Possible Sites for an Elevated Water Storage Facility to be Located on the West Side of the City. Discuss the Brovont property. C. Discuss Pending and Contemplated Litigation City Attorney discuss the Addison Suit status. Vol. 38, Page 134. 1 THE COUNCIL RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2-CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. No action needed. AGENDA ITEM NO. E.3-CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Councilman Blair made a motion to authorize the City Administration to negotiate the purchase of the Brovont property. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. Councilman Weidinger made a motion to authorize the City Staff to purchase in the amount of $43,600.00 the approximately 0.5 acre tract belonging to the Marcom Family that lies on the west side of the C.R.I.&P. Railroad and adjacent to the unimproved portion of Nicholson Road; and the purchase in the amount of $67,700.00 the approximately 0.777 acres at the end of the improved portion of Nicholson Road; and further authorized the negotiation with Centre Development Co., Inc. and P.P.G. for property swapping with the Marcom tract and the Thompson tract for a site for the West Side elevated water storage facility. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. 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 February 7, 1983 was adjourned at 10:42 P.M. Vol. 38, Page 135. City S cretary