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1986-02-17 CC MinutesV M1 CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 02/17/86 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor John D. Dodd Mayor Pro Tem David Blair Councilmembers John Dunagan Carol Dingman Bill Glancy Herb Weidinger The following members of the City Administration were present: Assistant City Manager Steve Carpenter Assistant City Manager Gene Carlton City Attorney John Boyle City Secretary Randall Mahaffey City Engineer Frank Knickerbocker Director of Parks & Recreation John Burke Director of Community Services Tom Scales Director of Public Works Earl Deland Traffic Engineer Larry Cervenka Recording Secretary Ruth Ann Parish Mayor Dodd called the City Council Meeting of 02/17/86 to order at 7:32 p.m. The meeting was televised. A.1 INVOCATION Councilmember Dunagan gave the invocation and led the Pledge of Allegiance. A.2 PRESENTATION OF RESOLUTION EXPRESSING APPRECIATION TO DOUG MCNEILL FOR HAVING SERVED ON THE PLANNING AND ZONING COMMISSION. Mayor Dodd stated that a resolution has been prepared expressing appreciation to Doug McNeill for his service to the city. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", to award a plaque to Doug McNeill for having served on the Planning and Zoning Board. Mayor Dodd presented a plaque to Doug McNeill and thanked him for a "Job Well Done". Vol. 49, Page 27 A.3 PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd stated that the Presentation of Board-Applications gives citizens an opportunity to become more involved in their City by making application to serve on the many boards available. No one was present to present Board Applications. B.1 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION 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 City Council or 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. A motion by Councilmember Blair, a second by Councilmember Glancy, all voting "aye", approved the following consent agenda items, with the addition of C.8 and D.7. B.la APPROVED MINUTES OF FEBRUARY 3, 1986 MEETING. B.lb AUTHORIZED THE CITY TO ADVERTISE FOR BIDS FOR CHEMICALS AND FERTILIZER FOR THE PARKS DIVISION. B.lc AUTHORIZED FIRST QUARTER PAYMENT TO THE DALLAS COUNTY APPRAISAL DISTRICT. B.ld ACCEPTED A FIRE LANE EASEMENT FROM JACKSON-SHAW PARTNERS NO. 29, LTD., LOCATED IN THE ROYAL WESTWOOD ADDITION. B.le AUTHORIZED THE CITY MANAGER TO EXECUTE A SPECIAL PERMIT FROM FIRST DALLAS INVESTORS FOR THE FENCING AND USE OF AN AREA WITHIN DEDICATED PUBLIC STREET RIGHT-OF-WAY DURING CONSTRUCTION TO PROVIDE A SAFER WORKING AREA. C.8 S85-55 W SITE PLAN: APPROVED REQUEST OF GRABER AND ASSOCIATES BY KAREN BODE TO AMEND THE SITE PLAN AND APPROVED OF LANDSCAPE PLAN FOR PROPERTY LOCATED AT THE SOUTHWEST AND SOUTHEAST CORNERS OF VALLEY VIEW AND SENLAC DRIVE IN PLANNED DEVELOPMENT 22 ZONING DISTRICT. D.7 APPROVED AGREEMENT FOR THE CITY OF DALLAS TO OPERATE TRAFFIC SIGNALS ON JOSEY AT VILLA CREEK AND MAYBROOK FOR THE PURPOSE OF COORDINATING TRAFFIC SIGNALS ALONG JOSEY. Vol. 49, Page 28 B.2 CITY MANAGER REPORTS. Assistant City Manager, Gene Carlton announced that the Clean-up Campaign Week in Farmers Branch is March 15th, through March 22nd, 1986. C.1 CONSIDER REQUEST FOR APPROPRIATION OF FUNDS FOR THE CONSTRUCTION OF FENCING FOR THE BALLFIELDS AT ORAN GOOD PARK. Mayor Dodd stated that this has been placed on the agenda at the request of Ben Frierott, with the Carrollton-Farmers Branch Girls Softball League. Mr. Ben Frierott, President of the Carrollton/Farmers Branch Girls Softball League, was present and requested a provision for temporary fencing for ballfields numbered 4 and 6 at Oran Good Park. Mr. Frierott stated the League would like to host an ASA Dallas Metro Tournament in July and to qualify for consideration, all playing fields must have an outfield fence. John Burke, Director of Parks and Recreation answered questions for the Council in regards to construction of a temporary fence. A motion by Councilmember Dingman, a second by Councilmember Dunagan, all voting "aye", approved the appropriation of funds for the construction of temporary fencing for the ballfields at Oran Good Park in the amount of $3,000.00 in unallocated monies from the CIP fund, with the provision that all Governmental Agencies involved approve and that the bid to host the ASA Dallas Metro Tournament is awarded to the Carrollton-Farmers Branch Girls Softball League. C•2 CONSIDER "BOARD REQUEST" FROM THE LIBRARY BOARD REGARDING FUNDS FOR THE LIBRARY GALA AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the City Council has designated the week of April 13-19, 1986 as "Dedication Week" at the Library. April 19, 1986 was also set as the date for the "Library Gala" and actual dedication of the Library. The Library Board is requesting $6,085.00 to pay for activities associated with the "Dedication Week" and the "Library Gala." Cheryl Howerton, Vice-Chairman of the Library Board, 3657 Morningstar Circle and Lee Rehberg, Member of the Gala Committee, 2818 Esterbrook were present and answered questions for the Council in regards to the Library Gala. A motion by Councilmember Weidinger, a second by Councilmember Blair, all voting "aye", authorized the appropriation of $6,500.00, for the Library Dedication activities with the stipulation that the Library Board come back to the next Council Meeting with details on how the Library Board would choose to redistribute the monies for the VIP night, with the understanding that all activities are open to all residents of Farmers Branch. This is to include a line item budget on VIP Night and any other redistribution of the monies for the Library Gala that the Library Board deemed necessary. Vol. 49. Paae 29 C.3 PUBLIC HEARING: ZONING FILE Z85-52 E TO CONSIDER A REQUEST FOR A SPECIFIC USE PERMIT TO LOCATE A SATELLITE ANTENNA AT 4332 BELTWOOD PARKWAY. REQUESTED BY WILLIAM A. ORENDER. Mayor Dodd stated that Mr. William A. Orender is requesting a specific use permit to locate a satellite dish for A. L. Williams Company. This antenna will be used to receive training broadcasts and general communications. Mayor Dodd further stated that the Planning and Zoning Commission by unanimous vote, on January 27, 1986, recommends this request be approved. Mayor Dodd opened the Public Hearing. There being no one wishing to speak, a motion by Councilmember Glancy, a second by Councilmember Dunagan, all voting "aye", approved closing the Public Hearing. Steven A. Kenyon, 4332 Beltwood Parkway South, was present and stated that he was representing William A. Orender. Mr. Kenyon answered questions for the Council about the proposed physical location and size of the satellite antenna. A motion by Councilmember Blair, a second by Councilmember Glancy, with Councilmember Blair, Councilmember Glancy, Councilmember Dingman, and Councilmember Dunagan voting "aye", and Councilmember Weidinger voting "nay", approved a specific use permit to locate a satellite antenna at 4332 Beltwood Parkway, provided that the City Staff has final approval for the location of the satellite antenna. The motion was approved by a four to one vote. C.4 PUBLIC HEARING: ZONING FILE Z85-40 W, CONSIDER REQUEST TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR A PRIVATE CLUB IN A LIGHT INDUSTRIAL ZONING DISTRICT ON THE PROPERTY LOCATED AT 13233 STEMMONS FREEWAY. Mayor Dodd stated that the Texas JJ Co., Inc. is requesting a specific use permit to authorize the serving of alcoholic beverages to patrons of a private club to be located in the Jo Jo's Restaurant at 13233 Stemmons. A specific use permit is required for this operation in a Light Industrial (LI) zoning district. Mayor Dodd opened the Public Hearing. Mayor Dodd stated that the applicant has requested the Council not take action on this matter at this hearing, and continue the hearing on March 3, 1986. A motion by Councilmember Weidinger, a second by Councilmember Glancy, all voting "aye", continued the Public Hearing until March 3, 1986. Vol. 49, Page 30 C.5 PUBLIC HEARING: ZONING FILE Z85-51 E CONSIDER REQUEST FOR A SPECIFIC USE PERMIT TO PERMIT THE SALE OF LIQUOR CLUB MEMBERSHIP TO THE PUBLIC IN THE PD-42 ZONING DISTRICT LOCATED AT THE NORTHWEST CORNER OF ALPHA AND THE DALLAS PARKWAY. REQUESTED BY THE INTERNATIONAL ATHLETIC CLUB. Mayor Dodd stated that the International Athletic Club is requesting a specific use permit to sell liquor club memberships to the public at their site located at 13701 Dallas North Parkway. The Club currently has a specific use permit which allows the sale of alcoholic beverages to club members only. Mayor Dodd stated that the Planning and Zoning Commission recommended this request be approved subject to conditions; and that the Council consider authorizing a public hearing to merge both specific use permits into one ordinance if this request is approved. Mayor Dodd opened the Public Hearing. Thomas E. Clark, 14001 Dallas Parkway, representing the International Athletic Club, was present and answered questions for the Council in regards to the need of a specific use permit which allows the sale of alcoholic beverages to the public. A motion by Councilmember Weidinger, a second by Councilmember Dingman, all voting "aye", to close the Public Hearing. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", approved a specific use permit to authorize the sale of liquor club membership's to the public in the PD-42 zoning district located at the northwest corner of Alpha and the Dallas Parkway, with the following amended conditions being; use and operation, namely the club membership, not be restricted to those who are members of the athletic club only, as to be written by City Attorney, John Boyle in the appropriate ordinance. QJJ(,bc~>(5 C.6 S86-05 E SITE PLAN: CONSIDER REQUEST OF SUNBELT SAVINGS FOR APPROVAL OF A SITE PLAN FOR A PARKING LOT FOR EMPLOYEE PARKING ON PROPERTY LOCATED AT 4901 L.B.J. FREEWAY. Mayor Dodd stated that Sunbelt Savings is requesting approval of a site plan for employee parking for a period of two years. Mayor Dodd stated that the Planning and zoning commission on February 10, 1986, recommended the site plan be approved subject to the following conditions: 1. That this approval is limited to a period not to exceed two (2) years 2. In the event the applicant relocates in less than two (2) years, the area be restored to its natural state. Vol. 49, Page 31 E.L. Hilton, of Sunbelt Savings, 5501 LBJ, Suite 1200, was present and answered questions for the Council relating to landscaping the property after its use as a temporary parking lot. A motion by Councilmember Dingman , a second by Councilmember Glancy, all voting "aye", approved a site plan for a parking lot for employee parking on the property located at 4901 LBJ Freeway with the following conditions: 1. That this approval is limited to a period not to exceed two (2) years. 2. That the present applicant shall remove the parking lot and restore the property to a landscaped area when the two year limit is up, or in the event that the applicant relocates in less than two (2) years the property will at that time be restored to a landscaped area. 3. When the parking lot is removed that a landscape and irrigation.plan be submitted to the Planning and Zoning Commission for approval. C.7 CONSIDER A REQUEST OF THE FERRELL COMPANIES TO ADDRESS THE CITY COUNCIL AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that Mr. Jim Washburg of the Ferrell Companies has requested to be placed on the agenda to address the City Council. Jim Washburg, Ferrell Companies, One Liberty Plaza, was present and requested to withdraw a request for a zoning change on the northeast corner of Josey and LBJ. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", withdraw the zoning change on the property located at the northeast corner of Josey Lane and LBJ as requested by Mr. Washburg. AGENDA ITEM C.8 WAS PLACED UNDER CONSENT ITEMS. D.1 CONSIDER REQUEST FROM PARK AND RECREATION DEPARTMENT FOR ADOPTION OF REVISED NON-RESIDENT POLICY FREE PLAY BASKETBALL. Mayor Dodd stated that the Park and Recreation Department has requested that a revised non-resident policy for free play basketball be adopted for implementation at the Recreation Center. Vol. 49, page 32 Mayor Dodd explained that the current policy allows non-residents to participate in free play basketball if they are accompanied by a Farmers Branch resident. The revised policy would require non-residents to pay a fee of $5.00 and be accompanied by a Farmers Branch resident during peak free play basketball hours. Non-residents would still be allowed to participate at no charge during non-peak hours if accompanied by a Farmers Branch resident. Peak free play hours are: Wednesday, 7:30-10:00 p.m.; Thursday, 7:30-10:00 p.m.; and Saturday, 9:00 a.m.-7:00 p.m. Mayor Dodd stated that the Park and Recreation Board unanimously voted for acceptance of the new policy. Mayor Dodd stated that the Park and Recreation Department recommends that the revised non-resident policy for free play basketball be adopted. A motion by Councilmember Dingman, a second by Councilmember Dunagan, all voting "aye", adopted revised non-resident policy for free play basketball, with the stipulation that the Park and Recreation Department monitor the non-resident policy for free play basketball, to insure that it is having the desired result and report back to the City Council in 6 months. D.2 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE FIRM OF CARTER & BURGESS INC. FOR ENGINEERING SERVICES FOR VALWOOD PARKWAY IMPROVEMENTS PHASE I FROM INTERSTATE HIGHWAY 35E TO JOSEY LANE AND TAKE APPROPRIATE ACTION. A motion by Councilmember Weidinger, a second by Councilmember Glancy, all voting "aye", authorizing the City Manager to execute a contract with the firm of Carter & Burgess, Inc. for engineering services for Valwood Parkway Improvements, Phase I from Interstate Highway 35E to Josey Lane and take appropriate action. D.3 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE BENHAM GROUP FOR LANDSCAPE DESIGN SERVICES FOR RAWHIDE PARK AND TAKE APPROPRIATE ACTION. A motion by Councilmember Weidinger, a second by Councilmember Blair, all voting "aye", tabled Agenda Item No. D.3, for the time being. D.4 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE FIRM OF YANDELL & HILLER INC. FOR ENGINEERING SERVICES FOR EROSION CONTROL ALONG COOKS CREEK FROM HOLLANDALE LANE TO JOSEY LANE AND THE EAST-WEST TRIBUTARY AND TAKE APPROPRIATE ACTION. A motion by Councilmember Weidinger, a second by Councilmember Glancy, all voting "aye", tabled Agenda Item No. D.4, for the time being. Vol. 49, page 33 D.5 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER FOR IMPROVEMENTS TO THE MARSH LANE METERING VAULT AND TAKE APPROPRIATE ACTION Mayor Dodd stated that the City of Dallas has requested that the City upgrade and modify the metering vault at the Marsh Lane Pump Station. Mayor Dodd explained that this work will be accomplished by the City of Dallas preparing the required plans, and Riewe and Wischmeyer, Inc. reviewing and implementing the plans for inclusion in the work being performed under the Marsh Lane Pump Station contract. Mayor Dodd stated that the Engineering Staff recommends that the City perform the upgrading and modifications to the metering facility as recommended by Dallas and negotiated by both parties. This will require the authorization of a change order for an estimated $50,000.00 for engineering services and construction of the proposed improvements. A motion by Councilmember Blair, a second by Councilmember Glancy, all voting "aye", authorizing the City Manager to execute a change order for improvements to the Marsh lane metering vault for an estimated total of $50,000.00 from unallocated CIP funds, through the existing contracts with Riewe and Wischmeyer. D.6 CONSIDER ORDINANCE PROHIBITING PARKING ON THE NORTH SIDE OF VALLEY VIEW LANE EAST OF MARSH LANE TO CRESTPARK DRIVE AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the proximity of the crosswalks, traffic signals, and driveways along Valley View from Marsh to the Police Station makes the parking of cars hazardous. The curvature of westbound Valley View from Marsh to the Police Station contributes by reducing the visibility of westbound traffic. Parking should be prohibited on this section of roadway to reduce the possibility of westbound traffic from unexpectedly encountering parked cars. Mayor Dodd stated that the staff recommended that ordinance No. 1621 be adopted. Frank Knickerbocker, City Engineer, was present and stated that the date of the bond issue for adding additional parking to the Police building is scheduled for approximately 1988 to 1989 and that approximately 30 spaces are in the current proposal. A motion by Councilmember Weidinger, a second by Councilmember Glancy, all voting "aye", directed the City Staff to move the scheduled date up for the additional parking which is to be added to the Police building and adopted the following captioned Ordinance No. 1621: Vol. 49, page 34 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS PROHIBITING PARKING AND STANDING OF VEHICLES AT ANY TIME ON THE NORTH SIDE OF VALLEY VIEW FROM MARSH LANE TO CRESTPARK DRIVE; AUTHORIZING THE POSTING OF SIGNS; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. AGENDA ITEM D.7 WAS PLACED UNDER CONSENT ITEMS. D.8 CONSIDER APPROVING BUDGET REQUEST SUBMITTED FOR THE SESQUICENTENNIAL COMMITTEE AND TAKE THE APPROPRIATE ACTION. Mayor Dodd stated that a line-item budget has been received from the Sesquicentennial Committee and is presented for consideration as directed by the City Council. A motion by Councilmember Blair, a second by Councilmember Dingman, all voting "aye", approved budget request submitted by the Sesquicentennial Committee in the amount of $14,605.14. D.9 CITIZEN PARTICIPATION. No one was present to speak to line item number D.9. MAYOR DODD ANNOUNCES THAT THE ITEMS ON THE AGENDA OR 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 PERSONAL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 EXECUTIVE SESSION. a. Discuss Personnel Matters 1. Election Judges were discussed. b. Discuss Land Acquisition C. Discuss Pending and Contemplated Litigation 1. City Attorney, John Boyle gave a status report on pending litigation involving the City. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilmember Blair, a second by Councilmember Dunagan, all voting "aye", tabled appointments for election judges until the next meeting. Vol. 49, page 35 F.1 ADJOURNMENT. n ~ I U I L_ J A motion by Councilmember Glancy, a second by Councilmember Weidinger, all voting "aye", adjourned the Council Meeting at 9:24 P.M. Vol. 49, page 36