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1986-07-21 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 07/21/86 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers John D. Dodd John Dunagan David Blair Carol Dingman Bob C. Phelps Herb Weidinger The following members of the City Administration were present: City Manager Paul M. West Assistant City Manager Steve Carpenter Assistant City Manager Gene Carlton City Attorney John Boyle City Secretary Randall Mahaffey Assistant City Engineer Mark Pavageaux Director of Utilities Bill Cox Director of Community Services Tom Scales Director of Parks and Recreation John Burke Director of Public Works Earl Deland Secretary Ruth Ann Parish Mayor Dodd called the City Council Meeting of 07/21/86 to order at 7:32 p.m. The meeting was televised. A.1 INVOCATION Councilmember Phelps gave the invocation and led the Pledge of Allegiance. Mayor Dodd stated that in the interest of time that all donations (Agenda Items Numbered A.2 through A.5) would be considered together. A.2 CONSIDER ACCEPTANCE OF THE DONATION OF 17 RECORDS FROM ELISABETH BAYS. Vol. 49, page 30 Mr. John Burke, Director of Parks and Recreation Department was present and stated that Elisabeth Bays would like to donate 17 records from the forties and fifties era to be used in the Senior Adult Activity Center for dances and dance lessons. A.3 CONSIDER ACCEPTANCE OF THE DONATION OF TWO PLANTS FROM DOROTHY MURPHY. Mr. John Burke stated that Dorothy Murphy would like to donate two plants (1-Philodendron Selloum and 1-Ficus Benjamina) to the Parks and Recreation Department. The plants will be used in the Senior Adult Activity Center. A.4 CONSIDER ACCEPTANCE OF A DONATION FROM FARMERS BRANCH SESQUICENTENNIAL COMMITTEE BY CENTRE NATIONAL BANK. Mr. John Burke stated that the Centre National Bank wishes to present the City with a check for $50. It is to be used for partial payment of the 1986-87 Carrollton-Farmers Branch Independent School District Sesquicentennial Bookcover Project. The Sesquicentennial Committee co-sponsored a contest with Brookhaven College to choose a design for the bookcovers. The same design is also being used for a poster which is being marketed by the Sesquicentennial Committee. A.5 CONSIDER ACCEPTANCE OF THE DONATION OF 10 CARD TABLE COVERS FROM THE SENIOR ADVISORY COUNCIL. Mr. John Burke further stated that the senior Advisory Council would like to donate ten card table covers to the Parks & Recreation Department. The card table covers are to be used in the Senior Adult Activities Center. A motion by Councilmember Dunagan, a second by Councilmember Blair, all voting "aye", accepted the donations of: the seventeen records from Elisabeth Bays to be used in the Senior Adult Activity Center; the two plants from Dorothy Murphy for the Senior Adult Activity Center; the fifty dollar check from Centre National Bank for the 1986-1987 Carrollton-Farmers Branch Independent School District Sesquicentennial Bookcover Project; and the ten card table covers from the Senior Advisory Council to be used in the Senior Adult Activities Center. A.6 RECOGNITION OF AREA CITIZENS WHO PARTICIPATED IN THE TEXAS SESQUICENTENNIAL WAGON TRAIN. Mayor Dodd stated that two ladies, Suzette R. Vaquera and her mother, Susie G. Vaquera, from the City of Farmers Branch, participated in the Texas Sesquicentennial Wagon Train Vol. 49, page 31. [1 Mayor Dodd further stated that he has requested the ladies to write a letter about their experiences on the Sesquicentennial Wagon Train which would be included in the time capsule. Ms. Suzette R. Vaquera, 13742 Janwood, was present and stated that the Texas Sesquicentennial Wagon Train was created to celebrate the 150th Birthday of Texas. Ms. Vaquera explained that funding for the Wagon Train came from corporate sponsors, participant fees and individual memberships and that no State funding was needed or used. The Wagon Train started it's journey on January 2nd, 1986 in Sulphur Springs, Texas, circled the State of Texas and completed it's journey on July 3rd, 1986, in Fort Worth, Texas. The Wagon Train traveled over 3,028 miles and took six months to complete. Ms. Susie G. Vaquera stated that when the Wagon Train reached Lewisville, a new member had been added to their family. Ms. Vaquera explained that her son Kevin Anthony Vaquera married Kelly Garrison of Lewisville and the ceremony was held beside the Winchester Wagon at one point of the journey to Ft. Worth. Mayor Dodd presented Certificates of Appreciation to Ms. Suzette R. Vaquera and Ms. Susie G. Vaquera for their participation in the Texas Sesquicentennial Wagon Train and for representing Farmers Branch on the Winchester Wagon. A.7a PRESENTATION OF SERVICE AWARDS GEORGE A. ODOM, ENGINEERING DEPARTMENT 15 YEAR AWARD A.7b LARRY MARSHALL, UTILITIES DEPARTMENT 10 YEAR AWARD A.7c SERGEANT HAROLD SUDDERTH, POLICE DEPARTMENT 10 YEAR AWARD A.7d HAROLD WILLIAMS, MARKETING DEPARTMENT 10 YEAR AWARD Mayor Dodd recognized Ms. Nancy Lindsay, a member of a "Host Family" of the Student Exchange Program. Ms. Nancy Lindsay, 12461 Wood Manor, Farmers Branch, introduced James Squire, from Bassetlaw, England, the Sister City to Farmers Branch. Ms. Lindsay explained that James was a participant in the Student Exchange Program and has returned to Farmers Branch for a second time for a three week visit. A.8 PRESENTATION OF BOARD APPLICATIONS. Vol. 49, page 32. Mayor Dodd stated that this item gives applicants an opportunity to present board applications to the City Council. No one was present to submit Board Applications. A motion by Councilmember Blair, a second by Councilmember Dunagan, all voting "aye", placed Item D.12 Citizen Participation, to be discussed as Item A.9. A.9 CITIZEN PARTICIPATION. Mr. Delroy Adams, 13607 Braemar, was present and stated that the citizens have concerns regarding the laying of new streets with the now in place asbestos pipes. Mr. Adams explained that the asbestos pipes have had numerous breaks, are inadequate, and the Environmental Protection Agency informed him that this type of pipe is no longer legally manufactured and that approximately five months ago Farmers Branch stopped using this type of pipe. Mr. Adams further stated that since Braemar is being prepared for paving on the side where the A/C pipe is located, it would be to the advantage of the City and the Citizens to replace the asbestos pipe with a PVC pipe which is non-toxic and has a service life in the excess of 75 years. Mr. Adams explained that thirty years life is the normal life of a concrete street, and if we start going in to take care of water leaks, thereby cutting into and between expansion joints, severing reinforcing steel rods and removing sections, that the integrity of the concrete would be disturbed. Mr. Adams further stated that the service life of the concrete street would be less than ten years under these adverse conditions and to replace the pipe now would be at a minimal cost to the City in the amount of an additional $23,000.00. Mr. Adams stated that there is an additional amount of money in the budget allocated for sidewalks and requested that the City designate those monies towards the replacement of the asbestos pipe. Councilmember Blair stated that this is a non-Agenda item and that the Council cannot take any action at this time on this item. City Manager, Paul West stated that he did speak with Mr. Adams and that his main disagreement, in opinion, with Mr. Adams is with the likelihood of the asbestos cement pipe breaking in the future. Mr. West explained that a new pipe had been installed about a year ago, and that the City has put in many thousands of feet of this type pipe going back to the early sixties and in his experience (for the past 30 years), knows of no health hazard with this type of pipe. Mr. West stated that a test had been performed recently on the City's water supply and that there were no asbestos fibers found. Mr. West stated that there were a total of four breaks in the last four months, two breaks were caused by the Gas Company trying to put lines across the pipes and two were caused by the contractor. Vol. 49, page 33. Mr. West stated that the Water Department, in conjunction with the Engineering Department, immediately prior to placing the concrete on that side of the street, will perform a pressure test on the water system to be sure there are no breaks. Mr. West stated he cannot recommend replacing the water line at this time. Mr. Bill Cox, Director of Utilities, was present and explained that the breaks in the water lines were caused by the Contractor's equipment physically hitting the lines. Mr. Adams stated that he had been informed that a concrete truck passing down the street, vibrating, a week ago last Thursday, was the cause of the break in the water line. Mr. Adams then stated that it would be more cost efficient to spend the $23,000.00 now to replacing the water pipe, than to wait a few years and not only replace the water line but also re-lay the concrete street. Mr. Mark Pavageaux, Assistant City Engineer, was present and stated that the construction company is doing the final preparation of the subgrade of the subject section of pavement, which is right on schedule, but could be held up on demand. Councilmember Blair stated that the serviceability in the asbestos concrete pipes has been more than adequate. Mr. Adams questioned the cost to cut out a new street section and to repair a water break. Mr. Bill Cox, Director of Utilities, stated that to replace a five foot pipe would cost approximately $3,000.00 to $4,000.00. Mayor Dodd stated that no action can be taken at this time and should the need for action arise there would be a special emergency meeting called to take action. 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 Phelps, all voting "aye", approved the following Consent Agenda Items, with the addition of Agenda Items No. C.1, D.5, and D.7. B.1a. APPROVED OF MINUTES OF JUNE 23, 1986 COUNCIL MEETING. Vol. 49, page 34. f' LJ B.1b. APPROVED A 15 FOOT WIDE DRAINAGE EASEMENT DEDICATED TO THE CITY OF FARMERS BRANCH FROM DARYL N. SNADON; FOR THE REPLACEMENT OF AN EXISTING OPEN DRAINAGE DITCH TO AN UNDERGROUND, 30 INCH R.C.P.DRAINAGE SYSTEM; LOCATED WITHIN LOT 1, OF THE INWOOD ROAD OFFICE DEVELOPMENT ADDITION TO FARMERS BRANCH; TO BE MAINTAINED BY THE CITY OF FARMERS BRANCH AND CONSTRUCTED AT NO COST TO THE CITY OF FARMERS BRANCH. B.1c. ADOPTED RESOLUTION NO. 86-22 GRANTING A RIGHT OF WAY DEDICATION FROM THE CITY OF FARMERS BRANCH TEXAS FOR A ROAD NORTH OF KEENAN BRIDGE ROAD AS CAPTIONED BELOW: "RESOLUTION AUTHORIZING THE CITY MANAGER TO GRANT A 32 FOOT WIDE RIGHT OF WAY DEDICATION FOR DAVIS LANE." B.1d. ADOPTED RESOLUTION NO. 86-025 GRANTING A TEMPORARY DRAINAGE EASEMENT FROM THE CITY OF FARMERS BRANCH, TEXAS FOR DRAINAGE STRUCTURES FROM DAL-MAC CORPORATE FACILITY AS CAPTIONED BELOW: "RESOLUTION AUTHORIZING THE CITY MANAGER TO GRANT A TEMPORARY DRAINAGE EASEMENT FROM THE CITY OF FARMERS BRANCH, TEXAS FOR DRAINAGE STRUCTURES FROM DAL-MAC'S CORPORATE FACILITY" B.1e. AUTHORIZED THE EXECUTION OF A TEMPORARY DRAINAGE EASEMENT DEDICATED TO THE CITY OF FARMERS BRANCH BY VALLEY VIEW ASSOCIATES; TO FACILITATE THE CONSTRUCTION OF A DRAINAGE SYSTEM FOR DAL-MAC'S CORPORATE FACILITY AT KEENAN BRIDGE ROAD AND VALLEY VIEW LANE. B.f. AUTHORIZED THE ACCEPTANCE OF A STREET EASEMENT DEDICATION FROM CONCOURSE DEVELOPMENT CORPORATION FOR A 32 FOOT RIGHT-OF-WAY FOR PROPOSED DEVELOPMENT FOR A SUB-DIVISION LOCATED BETWEEN ALPHA ROAD AND SIMONTON ROAD; AND WEST OF INWOOD ROAD. B.lg. AUTHORIZED THE EXECUTION OF AN ADDENDUM TO BECHTOL, HOFFPAUIR, AND EHRLER'S CONTRACT FOR ADDITIONAL IMPROVEMENTS TO TOMPIE DYER PARK IN THE AMOUNT OF $16,125.00 FOR ADDITIONAL DESIGN FEES. B.1h. AUTHORIZED THE EXECUTION OF AN ADDENDUM TO SCHRICKEL, ROLLINS AND ASSOCIATES' CONTRACT FOR ADDITIONAL DESIGN ON ORAN GOOD PARK IN THE AMOUNT OF $76,500.00. B. 1i.. APPROVED REQUEST FOR EXTENDED USE OF BALLFIELD LIGHTS Vol. 49, page 35. AT SHOWMAN PARK BY FARMERS BRANCH LITTLE LEAGUE BASEBALL, INC. FOR THE SUB-SECTION I TOURNAMENT TO BE HELD JULY 19, THROUGH THE 23, 1986 UNTIL 12:30 A.M., IF NECESSARY. B.1j. AUTHORIZED THE EXECUTION OF A DEVELOPER'S CONTRACT AND A HOLD HARMLESS AND INDEMNITY AGREEMENT, WITH EXXON COMPANY, USA FOR EXXON NO. 6-2649 ADDITION, PROPERTY LOCATED AT THE SOUTHWEST CORNER OF VALLEY VIEW LANE AND IH 35 E, FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS IN ACCORDANCE WITH THE CITY'S SUBDIVISION ORDINANCE NO. 1430. B.1k. APPROVED REQUEST BY EXXON COMPANY, USA FOR FINAL PLAT APPROVAL OF THE EXXON NO. 6-2649 ADDITION; LOCATED AT THE SOUTHWEST CORNER OF VALLEY VIEW LANE AND STEMMONS FREEWAY (IH 35E) IN PD-24 (L.I.) FOR A NEW EXXON STATION. B.11. AUTHORIZED THE EXECUTION OF A DEVELOPER'S CONTRACT WITH EXXON COMPANY USA FOR EXXON NO. 6-3903 ADDITION, PROPERTY LOCATED AT THE NORTHEAST CORNER OF MIDWAY ROAD AND IH 635 IN ACCORDANCE WITH THE CITY'S SUBDIVISION ORDINANCE NO. 1430. B.1m. APPROVED REQUEST BY EXXON COMPANY, USA FOR REPLAT APPROVAL OF EXXON NO. 6-3903 ADDITION LOCATED AT THE NORTHEAST CORNER OF MIDWAY ROAD AND LBJ FREEWAY (IH635) FOR A NEW EXXON STATION. B.1n. AUTHORIZED THE EXECUTION OF A DEVELOPER'S CONTRACT WITH G. FARRELL RAY, JR. FOR WIMBERLY NO. 3, PROPERTY LOCATED AT IH35E (EAST SIDE) APPROXIMATELY 1000 FEET SOUTH OF VALWOOD PARKWAY FOR INSTALLATION OF PUBLIC IMPROVEMENTS IN ACCORDANCE WITH THE CITY'S SUBDIVISION ORDINANCE NO. 1430. B.1o. APPROVED REQUEST BY G. FARRELL RAY, JR. FOR FINAL REPLAT APPROVAL OF WIMBERLY SUBDIVISION NO. 3; LOCATED BETWEEN IH 35E AND DENTON DRIVE, NORTH OF SQUIRE P1 AND SOUTH OF VALWOOD PARKWAY IN PD-30; FOR A BUILDING ADDITION. B.1p. AUTHORIZED THE EXECUTION OF A DEVELOPER'S CONTRACT WITH DAL-MAC DEVELOPMENT COMPANY FOR A CORPORATE FACILITY FOR DAL-MAC DEVELOPMENT COMPANY, PROPERTY LOCATED AT THE NORTHEAST CORNER OF VALLEY VIEW LANE AND KEENAN BRIDGE ROAD; IN ACCORDANCE WITH THE CITY'S SUBDIVISION ORDINANCE NO. 1430. B.1q. APPROVED REQUEST BY DAL MAC-DEVELOPMENT CORPORATION FOR FINAL PLAT APPROVAL OF A CORPORATE FACILITY FOR DAL MAC DEVELOPMENT COMPANY LOCATED AT THE NORTHEAST CORNER OF Vol. 49, page 36. VALLEY VIEW LANE AND KEENAN BRIDGE ROAD IN PD-22; TO CREATE A SITE FOR AN OFFICE BUILDING. B.1r. AUTHORIZED THE EXECUTION OF A DEVELOPER'S CONTRACT WITH PARK WEST C-3 ASSOCIATES: PARK WEST/ FAIRVIEW ASSOCIATES FOR PARK WEST PHASE III, PROPERTY LOCATED AT THE WEST SIDE OF LUNA ROAD FROM IH 635 TO ROYAL LANE; FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS IN ACCORDANCE WITH THE CITY'S SUBDIVISION ORDINANCE NO. 1430. B.1s. APPROVED REQUEST BY PARK WEST C-3 ASSOCIATES & PARK WEST/FAIRVIEW ASSOCIATES FOR FINAL PLAT APPROVAL OF PARK WEST PHASE III; LOCATED BETWEEN LBJ FREEWAY, LUNA ROAD, ROYAL LANE AND THE TRINITY RIVER IN PD--60; TO CREATE A SITE FOR OFFICE BUILDINGS. B.1t. APPROVED REQUEST BY SMD COMMADORE JOINT VENTURE FOR REPLAT APPROVAL OF BROOKHAVEN ESTATES NO. 15; LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND MARSH LANE, R2 ZONING DISTRICT; TO ENLARGE ONE LOT AND CORRECT PREVIOUS DISCREPANCIES. B.lu. AUTHORIZED THE EXECUTION OF A CONTRACT WITH D.R. TIPPIE FOR MOVING THE OLD FARMERS BRANCH SCHOOL HOUSE TO THE HISTORICAL PARK IN THE AMOUNT OF $27,190.25. B.1v. AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR THE RECONSTRUCTION OF OLD NORTH ROAD BETWEEN HEARTSIDE PLACE AND JOANNA DRIVE. B.1w. APPROVED THE PURCHASE OF PLANTS AND PLANT CONTAINERS FOR THE FURNISHING OF THE FARMERS BRANCH MANSKE LIBRARY IN THE AMOUNT OF $1,285.00 IN CONFORMANCE WITH THE LIBRARY CONSTRUCTION FURNISHINGS ACCOUNT. C.1 APPROVED THE REQUEST OF THE COMMUNITY/TOURIST PROMOTION COMMITTEE OF THE FARMERS BRANCH BUSINESS CHAMBER OF COMMERCE FOR TEMPORARY USE OF A CIVIC AND PHILANTHROPIC NATURE TO SPONSOR A CITY-WIDE SIDEWALK SALE ON SATURDAY AUGUST 23, 1986, BEGINNING AT 8:00 A.M.; AND THEREBY ADOPTING RESOLUTION NO. 86-024. D.5 AUTHORIZED THE PARTICIPATION WITH THE TEXAS MUNICIPAL LEAGUE IN A LAWSUIT CONCERNING WATER QUALITY STANDARDS BY PAYING THE ASSESSMENT OF $926.24. D.7 APPROVED FENCE LOCATION AND PERIMETER LANDSCAPE TREATMENT FOR THE FARMERS BRANCH HISTORICAL PARK. A motion by Councilmember Blair, a second by Councilmember Dingman, all voting "aye", declared an emergency and added Agenda Item No. Vol. 49, page 37. D.lla, Discuss the affects and recent changes within the Engineering Department to the Regular Agenda Items. B.2 CITY MANAGER'S REPORT. City Manager, Paul West gave an informative report on the programs, projects and happenings of the various departments of the City. B.3 MAYOR'S REPORT. Mayor Dodd reported: 1. DART: DART is close to making a service plan. Councilmember Dingman has been working as a liaison with Bob Thomas and Mayor Dodd in regards to DART. There was a meeting with area Mayors from Irving, Addison, Carrollton, Farmers Branch and a meeting with Mr. Tedesco, and should you have any input, please get with Councilmember Dingman so that she can pass it on to Bob Thomas. 2. Committee on Alcohol Use: Councilmember Phelps and Mayor Dodd met with the Committee on Alcohol use. Mayor Dodd stated that the Committee is now meeting on Monday at the Farmers Branch Library and should anyone desire contact or have input to please contact Councilmember Phelps. Mayor Dodd further stated that Dr. Percy Pentecost is the Chairman of this Committee. 3. Senior Citizens Committee: Mayor Dodd met with John Burke, Director of Parks and Recreation and the Senior Citizen Board, at the request of the Senior Citizens. The Senior Citizens are in the process of coming up with rules for the operation of the senior Citizen Building. The Senior Citizens are discussing the maintenance of the present governing board along with other types of governing options for the Senior Citizen Building. Mayor Dodd stated that anyone with input should contact either of the Councilmembers or Harold Rummel, Chairman of the Senior Advisory Board. B.4 CONSIDER AWARDING THE BID FOR $13,865,000 IN GENERAL OBLIGATION BONDS, SERIES 1986, AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the bids for $13,865,000 in General Obligation Bonds Series 1986, were opened at 4:30 P.M. on Monday, July 21, 1986. Randall Mahaffey, Director of Finance, and Don Vol. 49, page 38. Grimes, Financial Advisor from First Southwest Company, tabulated the bids. Mr. J. C. Hall, First Southwest Company was present and stated that'~ four bids were received with Dean Witter Reynolds having the lowest bid. The effective interest rate is 7.487249% and a net interest cost $14,129,220.83. The bids ranged from a low of 7.487249% to a high of 7.64067%. The Director of Finance recommends the awarding of the bid to Dean Witter Reynolds with an effective interest rate of 7.487249% and a net interest cost of $14,129,220.83. Mr. Randall Mahaffey, Director of Finance, was present and stated that there was a question raised about the depository contract and the bond proceeds. The bond proceeds will be delivered in the latter part of August and there is no necessary action by the Council at this time involving those proceeds. The City's contract with the First City Bank and the State Law, allows the City to take the proceeds and invest those proceeds outside of the depository contract, ie: invest them into U.S. Treasury Bills, Treasury Notes, etc., the City is not locked into making a deposit to First City Bank. Mr. Mahaffey recommended that the City go outside the Contract and seek the highest rates on the investment and secure those with a third party safe keeping agreement. Mr. Hall stated that the paying agent agreement needs to be authorized. City Attorney, John Boyle stated that two items are to be considered. 1. Approval of the Paying Agent Agreement relative to the bonds. 2. Decision on the investment of bond proceeds and whether or not to follow the recommendations of the City Financial Director. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", awarded the bid for $13,865,000.00 in General Obligation Bonds, Series 1986, to Dean Witter Reynolds with an effective interest rate of 7.487249% and a net interest cost of $14,129,220.83 and adopted Ordinance No. 1639 as captioned below: "AN ORDINANCE PROVIDING FOR THE ISSUANCE OF THE CITY OF FARMERS BRANCH, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1986, IN THE AGGREGATE PRINCIPAL AMOUNT OF $13,865,000.00 AND ENACTING OTHER PROVISIONS RELATING THERETO." B.5 CONSIDER SETTING PUBLIC HEARING DATE FOR 1986-87 OPERATING BUDGET AND TAKE APPROPRIATE ACTION. Vol. 49, page 39. Mayor Dodd stated that a public hearing on the 1986-87 Operating Budget is required by the City Charter. A motion by Councilmember Weidinger, a second by Councilmember Phelps, all voting "aye", set the date of September 8, 1986 as the Public Hearing date on the 1986-87 Operating Budget. AGENDA ITEM NO. C.1 WAS ADDED TO THE CONSENT AGENDA ITEMS. C.2 CONSIDER THE REQUEST OF MRS. LEONARD R. ABBEY, 13740 TANGLEWOOD DRIVE, FARMERS BRANCH, TEXAS 75234 Mayor Dodd stated that Mrs. Leonard R. Abbey, 13740 Tanglewood Drive, has requested by letter dated July 14, 1986 to appear on the City Council Agenda for the July 21, 1986 meeting to discuss standing water in her backyard. Mrs. Abbey's property backs up to the west side of Marsh Lane south of Valley View Lane in a heavily wooded lot area. The City of Farmers Branch has constructed a shallow surface swale along the west side of Marsh Lane behind Mrs. Abbey's property, in connection with the pathway system. Due-to silting and leaves from the trees the shallow swale fills and impedes surface runoff. The Engineering Department recommends that the City Manager be authorized to use City forces to widen and deepen the swale and construct & subsurface drain beneath the swale, connecting to the field inlet existing near the north side of Farmers Branch Creek. The Swale and subsurface drain would extend along the west side of Marsh Lane from Brookhaven Club Drive south to Farmers Branch Creek. The recommended solution will not itself remedy ponding on private property due to flat surfaces, but will provide the abutting property owners a subsurface system they may connect to and which will alleviate their problem. Estimate cost of construction $16,866.67. Ms. JoAnne Abbey, 13740 Tanglewood Drive was present and stated that Marsh Lane was raised 25 inches causing overflow of water to run directly into her yard. Ms. Abbey further stated that the Park Department installed a path between her house and Marsh Lane and as the path rounded behind her fence, which had also been raised 15 to 20 inches, sloping toward her home, caused a water flow towards her home. Public Works dug one ditch which did not work, because of the roundness of the path. Public works did straighten the path, but did not alleviate the whole problem. Mr. Mark Pavageaux, Assistant City Engineer, stated that the City Engineering Department proposes and recommends a French Drain which would be a complete and permanent solution. Mr. Pavageaux stated that the total estimated cost for 1,200 feet of the French Drain would be approximately $16,000.00. Vol. 49, page 40. A motion by Councilmember Dunagan, a second by Councilmember Phelps, all voting "aye", authorized the City forces to widen and deepen the swale and construct a subsurface drain beneath the swale, connecting to the field inlet existing near the north side of Farmers Branch Creek. The swale and subsurface drain will extend along the west side of Marsh Lane from Brookhaven Club Drive south to Farmers Branch Creek and as amended by Councilmember Blair, in the amount not to exceed $17,000.00 from the Street Department Budget. C.3 CONSIDER THE REQUEST OF GEORGE R. BIXLER 13928 TANGLEWOOD, DALLAS, TEXAS 75234. Mayor Dodd stated that Mr. George R. Bixler has requested by letter dated June 24, 1986 that the item of a beautification program with a guardrail included along Marsh Lane from Brookhaven Club Drive to Tanglewood Drive be placed on the City Council Agenda. At present this section of Marsh Lane is improved with 5 lanes of reinforced concrete and median with protected left turns. The medians on this portion of Marsh are to be landscaped as part of a joint agreement with Addison. It is estimated that the median landscaping will be under construction in September, 1986. There are currently no provisions for pathway or landscaping along the west right-of-way. 1. Construction of pathway, landscape, irrigation from Brookhaven Club to Marsh Lane Pump Station north of Oakbrook Parkway.... $200,000 to $900,000 varying with extent of plat intensity. 2. Construction of deep beam highway type guardrail from Brookhaven Club Drive to north of Oakbrook Parkway.... $235,000.00 Mayor Dodd stated that the Engineering Department recommends that the design and construction of the pathway, landscaping, and irrigation be undertaken as part of the 1986 Capital Improvements supplement. The Engineering Department does not recommend construction of the deep beam guardrail except at those locations where vertical obstructions to vehicle travel exists within 2 to 3 feet of the roadway. Mr. George R. Bixler, 13928 Tanglewood Place, was present and stated that on June 8th, 1986 a car drove into his backyard and demolished his fence. Mr. Bixler stated that he would like to see either a guardrail or a series of five-inch steel pipes be driven into the ground with a cement base for security and protection from runaway cars on Marsh Lane. Mr. David Kats, 14034 Tanglewood Court, was present and stated that in February, 1984 a car drove through his back fence, through his backyard and missed the corner of his house by eight feet and continued through another fence, then through his frontyard, destroying several shrubs. Mr. Kats stated that this has been a Vol. 49, page 41. problem since Marsh Lane was widened, causing traffic to be within 20 feet of his backyard and that the City owes some type of protection to the property owners. Mr. Mark Pavageaux, Assistant City Engineer, stated that the Engineering Department does not recommend construction of the deep beam guardrails, except at those locations where vertical obstructions to vehicle travel exists within two to three feet of the railway. Mr. John Burke, Director of Parks and Recreation Department, was present and stated that some time ago, there were a number of proposals dealing with guardrails and cement posts. Mr. Burke stated that guardrails should be installed prior to plants and irrigation. Councilmember Dunagan stated that he is concerned not only with the homeowners property but with the proposed pathway and the exposure of joggers and bicyclers to the heavy traffic in this area. Councilmember Dunagan further stated that there are several other areas within the City with similar problems and that he is in favor of the proposed guardrail. A motion by Councilmember Dingman, a second by Councilmember Blair, all voting "aye", directed the City Staff to explore several different design options for construction of the pathway, irrigation, protection in landscaping, and the different levels of cost, from Brookhaven Club Drive to Marsh Lane Pump Station north of Oakbrook Parkway and to bring them back to the Budget Study Session Meeting on August 18th, 1986, to be considered and implemented into the Capital Improvement Program. C.4 PUBLIC HEARING: CONSIDER REQUEST OF NEEDHAM-MCCAFFREY ASSOCIATES, INC. TO AMEND THE DEVELOPMENT STANDARDS OF PLANNED DEVELOPMENT 45 ZONING DISTRICT (ZONING ORDINANCE 1445) AND APPROVAL OF A CONCEPT PLAN FOR PLANNED DEVELOPMENT 45 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the applicant has withdrawn his request and the Planning and Zoning commission accepted the applicant's withdrawal and no action is necessary by the City Council. C.5 PUBLIC HEARING: CONSIDER REQUEST OF BRYAN B. BUSH TO CHANGE THE ZONING FROM LIGHT INDUSTRIAL TO A PLANNED DEVELOPMENT DISTRICT ALLOWING OFFICE USES AND SETTING NEW DEVELOPMENT STANDARDS ON A 5.77 ACRE TRACT OF LAND LOCATED AT THE SOUTHWEST CORNER OF SPRING VALLEY ROAD AND INWOOD ROAD AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the applicant has withdrawn his request and the Planning and Zoning Commission accepted the applicant's Vol. 49, page 42. withdrawal and no action is necessary by the City Council. C.6 PUBLIC HEARING: CONSIDER REQUEST OF LINCOLN PROPERTY CO. TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 55 TO REDUCE THE FLOOR AREA RATIO FROM 4:1 TO 3.89:1 AND TO REFLECT AN INCREASE IN THE TOTAL LAND AREA OF PD-55 AS A RESULT OF THE RELOCATION OF INWOOD ROAD AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the applicant has withdrawn his request and the Planning and Zoning Commission accepted the applicant's withdrawal and no action is necessary by the City Council. C.7 PUBLIC HEARING: CONSIDER REQUEST OF MICHAEL BUFFINGTON TO AMEND PLANNED DEVELOPMENT NO. 34 TO PERMIT A DAY CARE CENTER AS AN ALLOWABLE USE AND TAKE APPROPRIATE ACTION. 1 Mayor Dodd stated that the Planned Development Zoning District 34 does not currently list "Day Care Center" as an allowable use. Existing day care centers are legal non-conforming uses and can continue to operate but cannot expand beyond the limits of the original property lines. Michael Buffington is requesting that PD-34 be amended to list "Day Care Centers" as an allowable use. Mayor Dodd stated that if this request is approved, the applicant intends to lease the building at 2567 Valley View Lane to Mrs. Brenda Sechrest who presently operates a day care center on the property adjacent at 2561 Valley View. Mayor Dodd opened the Public Hearing. Mayor Dodd explained that the amendment would allow the expansion of the existing facility at 2561 Valley View Lane to include 2567 Valley View Lane. Mayor Dodd stated that the Planning and Zoning Commission at their meeting of July 14, 1986, recommended this request be approved. The Commission also recommended approval of the site plan as submitted. Ms. Cindy Buffington, 4214 Alta Vista, Dallas, was present and stated that she is the owner of 2567 Valley View Lane, directly across from William Dodson Parkway and requested that Ms. Brenda Sechrest (operator of Rainbows End Learning Center, 2561 Valley View Lane) be aloud to expand her business into Mr. and Mrs. Buffington's business property. A motion by Councilmember Weidinger, a second by Councilmember Dingman, all voting "aye", closed the Public Hearing. After much discussion, a motion by Councilmember Dingman, a second by Councilmember Blair, all voting "aye", approved the request of Michael Buffington to amend Planned Development No. 34 to permit a Vol. 49, page 43. day care center as an allowable use and adopted Ordinance No. 1642 as captioned below; and approved the site plan submitted: LJ 1 0 "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 INDICATE DAY CARE CENTER AS AN ALLOWABLE USE IN THE PD-34 ZONING DISTRICT PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY." C.8 PUBLIC HEARING: CONSIDER REQUEST OF BELTWAY CO. TO AMEND PLANNED DEVELOPMENT DISTRICT N PERMIT RESTAURANT, SERVICE STATION, CAR WAS GENERAL RETAIL USES AND CO: A DRIVEWAY FROM SPRING VAL DEVELOPMENT NO. 41 IS LOCA' INWOOD ROAD BETWEEN SPRING APPROPRIATE ACTION. Mayor Dodd opened the Public Hearing. IDER THE SITE Y INTO THE SI D ON THE EAST ALLEY AND ALP DEVELOPMENT 41 TO AND . PLANNED Mayor Dodd stated that the applicant withdrew his request to add uses to Planned Development District No. 41 at the Public Hearing of July 14, 1986. The Planning and Zoning Commission did recommend the proposed driveway on Spring Valley Road be approved. Mr. Daryl N. Snadon, 15280 Addison Road, #300, Dallas, representing Beltway Development Company, was present and stated that in the future the company would like to add some retail uses to Planned Development District No. 41, in order to develop a 1.351 acre tract on the east side of Inwood Road at Spring Valley and had withdrawn an earlier request in order to add ingress and egress to the site located on Spring Valley Road. Mr. Snadon stated that once a user is located an application for site plan approval will be submitted. Mr. Snadon requested the approval for a driveway to be allowed on Spring Valley that would serve the subject site. A motion by Councilmember Blair, a second by Councilmember Phelps, all voting "aye", closed the Public Hearing. After some discussion, a motion by Councilmember Dingman, a second by Councilmember Weidinger, all voting "aye", approved the request of Beltway Development Company to allow a driveway from spring Valley Road into the site which is located on the East side of Inwood Road between Spring Valley and Alpha Road, per the recommendations of the Planning and Zoning Commission. Vol. 49, page 44. C.9 PUBLIC HEARING: CONSIDER REQUEST OF CENTRE DEVELOPMENT CO. FOR A SPECIFIC USE PERMIT FOR A TEMPORARY PARK AND RIDE FACILITY IN PLANNED DEVELOPMENT DISTRICT NO. 51 LOCATED AT THE NORTHWEST CORNER OF MIDWAY ROAD AND VALLEY VIEW LANE AND CONTAINING 17.47 ACRES OF LAND AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the applicant is requesting this temporary Park and Ride Facility for use by American Airlines for shuttle service to D/FW Airport including a 840 square foot modular building with 24 hour on-site attendants for ticketing and baggage checking. There will be no servicing nor storage of shuttle vehicles nor automobile renting. Mayor Dodd opened the Public Hearing. Mayor Dodd stated that the Planning and Zoning commission recommended a specific use permit be approved for a period of two years with site plan as part of the SUP ordinance, subject to a "hold harmless agreement" for parking and fencing over the easement. The Commission also suggested the applicant submit deed restrictions limiting the length of time of this use to two years. Mr. Mike Degrazier, 9212 Windcrest, Dallas, representing Centre Development Company, Inc., was present and requested that there be an amendment to Ordinance No. 1641, Section 3, Item (b) to include the term "terminating" within the sentence; "passengers on flights originating or terminating at D/FW International Airport." A motion by Councilmember Weidinger, a second by Councilmember Dunagan, all voting "aye", closed the Public Hearing. Mr. Mike Degrazier presented a site plan proposal and explained the intent of the proposed uses, signage, and fencing. City Attorney, John Boyle, stated that Ordinance No. 1641 is somewhat modified from the Planning and Zoning Commissions recommendations, in that it keeps in place the existing zoning and does not change that existing zoning. This is a temporary use that essentially sits on top of the existing zoning and the right to use that, expires in essentially three years, or September 30th, 1989. From that standpoint, it is modified from what you see in the recommendation, and the City Attorney's office, is satisfied that this accomplishes legally the same desires of the Planning and Zoning Commission and is satisfactory to the City Staff. After some discussion, a motion by Councilmember Blair, a second by Councilmember Dingman, all voting "aye", approved the request of Centre Development Company for a specific use permit for a temporary park and ride facility in Planned Development District No. 51 located at the Northwest Corner of Midway Road and Valley View Lane and containing 17.47 acres of land and adopted Ordinance Vol. 49, page 45. No. 1641, as amended in Section 3, Item (b), to include the term "or termination", within the sentence "of passengers on flights originating or terminating at D/FW International Airport", and as captioned below: "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR A TEMPORARY USE BY AMERICAN AIRLINES OF A PARK AND RIDE FACILITY IN PLANNED DEVELOPMENT NO. 51 (PD-51) 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 FOR A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY." C.10 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPER CONTRACT WITH CITY POINTE FOR CITY POINTE NORTHWEST JOINT VENTURE AND TAKE APPROPRIATE ACTION Mayor Dodd stated that the Developers Contract provides for the installation of public improvements in general accordance with the City's Subdivision Ordinance No. 1430 and Zoning Ordinance No. 1638 for Planned Development District 61, with the following exceptions: 1) The developer's representatives have indicated to the City staff that the developer will participate in any cost of right- of-way necessary for these improvements. 2) The wording of the Developers Contract implies that the City will be responsible for acquiring off-site right-of-way for this development. Mayor Dodd stated that the City Engineer recommends that this Developer Contract be accepted subject to: 1) The developer agreeing to participate in the cost of off-site right-of-way in the same proportion that he is agreeing to participate in the cost of construction of off-site improvements. 2) That the City will continue to lend its best efforts toward acquiring right-of-way through its Subdivision Ordinance but the City is in no way obligated to furnish or acquire right- of-way on behalf of this development. Mr. Kirk R. Williams, 2800 One Main Place, Dallas, Representing City Pointe Northwest Joint Venture, was present and presented a signed developers contract, which does not take into consideration the two recommendations, but is consistent with the Zoning Vol. 49, page 46. Ordinance that has been drafted and is consistent with the representations that were made to the Council in February by City Pointe Northwest Joint Venture. Mr. Williams further stated that there has been a change on Page 12, in regards to specific wording which was suggested by the City Attorney John Boyle. Councilmember Weidinger questioned whether or not City Pointe Northwest Joint Venture was aware that the City Engineer's Office recommended that the developers contract be subject to the developer being willing to participate in the cost of off site right-of-way in the same proportion that he is agreeing to participate in the cost of construction of off site improvements. Mr. Williams stated that as of last Friday, he understood that to be the recommendation of the Engineering Department, and noted that these were not the discussions that were entertained over the past year and are not consistent with the representations made last February. Mr. Williams explained that this is the reason that the developers contract that City Pointe Northwest Joint Venture is submitting does not include that information. Councilmember Dunagan questioned exactly what City Point Northwest Joint Venture is willing to do as far as off site right-of-way is concerned. Mr. Williams explained that City Pointe is not acquiring off site right-of-way. As far as on site right-of-way and adjacent right-of-way, City Pointe will be doing the improvements and furnishing the right-of-way during the normal platting process. Off site right-of-way depends on where the development is in phasing as may be required. In order to get to another level of development, which would be in the best interest, may be to go forward and acquire right-of-way in the open market, but would make that business judgement at that time. City Manager, Paul West stated that it is only reasonable that the developer be required to participate in the cost of the outside right-of-way in the same extent that he is required to participate in the construction cost. Mr. Tom Scales, Director of Community Services, was present and referenced the Minutes of February, 03, 1986, Vol. 49, Page 16, Public Hearing, with the Council's three conditions when approving the zoning as follows: 1. The Developers Contract and the Amending Ordinance are to be approved on the same day. 2. The method of payment for traffic improvement which is now in the Zoning standards be taken out and included in the developers contract only. Vol. 49, page 47. of IH 35E and IH 635E from PD-24 to PD-61 as requested by City Pointe Northwest Joint Venture and as captioned below: "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 A 78.132 ACRE TRACT OF LAND LOCATED ALONG THE SOUTHERN CITY LIMIT LINE BETWEEN THE C R I & P RAILROAD AND INTERSTATE 35 FREEWAY, FROM ITS CURRENT ZONING DISTRICT CLASSIFICATION OF PLANNED DEVELOPMENT NUMBER TWENTY FOUR (PD-24 (LI)) TO PLANNED DEVELOPMENT ZONING DISTRICT NUMBER SIXTY-ONE (PD-61) ALLOWING OFFICE AND RELATED USES AND ESTABLISHING DEVELOPMENT STANDARDS FOR PD-61 ZONING DISTRICT, AND BY APPROVAL OF A CONCEPT PLAN; PROVIDING A SAVING CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OR FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00); AND PROVIDING AN EFFECTIVE DATE." C.12 PUBLIC HEARING: CONSIDER REQUEST OF STOCKS INC. II FOR A SPECIFIC USE PERMIT FOR A PRIVATE CLUB IN CONJUNCTION WITH A RESTAURANT/DELI IN THE PLANNED DEVELOPMENT 39 ZONING DISTRICT ON PROPERTY LOCATED AT 5005 L.B.J. FREEWAY AND TARE APPROPRIATE ACTION. Mayor Dodd stated that Stocks Inc. II is requesting a specific use permit to operate a private club in the lobby area of the Trans Texas Tower. The development standards of PD-39 permit dining establishments without a Specific Use Permit, however, because the applicant proposes to sell alcoholic beverages within the restaurant/deli, a Specific Use Permit is required. The Planning and Zoning commission on July 14, 1986, recommended that a Specific Use Permit be approved. Mayor Dodd opened the Public Hearing. Mr. James Cook, 2720 Stemmons Tower, Suite 100, owner of the Wall Street Restaurant, presented a menu and pictures of the project and explained the arrangement of the restaurant/deli. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", closed the Public Hearing. Mr. Cook explained that the opening is scheduled for September 15th, 1986 and stated that the location of the restaurant within the building located at 5005 L.B.J. Freeway, is in the main lobby. Vol. 49, page 49. 3. The Developer be required to participate in the Traffic Management organization if and when it is implemented by the City. Mr. Scales further stated that the Council went as far as to include the recommendations of the Planning and Zoning commission as part of approving the zoning change. Councilmember Dingman stated that the original wording of the conditions for re-zoning included: "Provided the City of Farmers Branch Obtain the Necessary Right-of-Way", which was stated in the original proposed Development Standards. A motion by Councilmember Dingman, a second by Councilmember Blair, with Councilmember Phelps, Councilmember Weidinger, Councilmember Blair and Councilmember Dingman, voting "aye", and Councilmember Dunagan voting "nay", approved the Developers Contract as submitted, providing, if in fact it is consistent with the Council's packet and as presented without the addendum, thereby authorizing the city Manager to execute a Developer's Contract with City Pointe for City Pointe Northwest Joint Venture as submitted by the Developer. The motion passes four to one. C.11 CONSIDER ADOPTING ORDINANCE NO. 1638 AMENDING THE ZONING ON 78.132 ACRE TRACT OF LAND ON THE NORTHWEST CORNER OF IH 35E AND IH 635E FROM PD-24 TO PD-61 AND TAKE APPROPRIATE ACTION. REQUESTED BY CITY POINTE NORTHWEST J/V. Mayor Dodd stated that in January of 1986, the City Council held a Public Hearing and approved the rezoning of the City Pointe property. Mayor Dodd stated that Ordinance 1638 has been prepared as directed by the City Council. The ordinance contains the conditions directed by the City Council. Mr. Kirk Williams, 2800 One Main Place, Dallas, representing City Pointe Northwest Joint Venture, stated that the Ordinance that has been prepared is fully consistent with the developers contract. Mr. Williams stated that the next step is to finish the improvements on the drainage channel, add utilities, and make sites available for development. Mr. Randy Winski, 6515 River View, Dallas, representing City Pointe Northwest Joint Venture, explained the upcoming development phases of the site. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", adopted Ordinance No. 1638, amending the zoning on a 78.132 acre tract of land on the northwest corner Vol. 49, page 48. For the record Councilmember Phelps excused himself from the Council Chambers. Councilmember Dingman stated that there should be a ratio of 60 percent food to 40 percent alcoholic beverages. For the record Councilmember Phelps returned to the Council Chambers. Mr. Cook stated that the hours of public operation will be 11:00 AM to 10:00 PM and in addition to these hours private parties will be held for special occasions. After some discussion, a motion by Councilmember Blair , a second by Councilmember Dunagan, all voting "aye", approved the request of Stocks Inc. II for a Specific Use Permit for a private club in conjunction with a Restaurant/Deli in the planned development 39 Zoning District on property located at 5005 L.B.J. Freeway with the amendment of a 60 percent food to 40 percent alcoholic beverages ratio thereby adopting Ordinance No. 1640 as captioned below: "AN ORDINANCE OF THE TEXAS, AMENDING THE ORDINANCE OF THE CITY HERETOFORE AMENDED, BY PERMIT FOR A PRIVATE DISTRICT AND LOCATED WI' CITY OF FARMERS BRANCH, COMPREHENSIVE ZONING OF FARMERS BRANCH, AS GRANTING A SPECIFIC USE CLUB IN THE PD-39 ZONING THIN THE BUILDING LOCATED AT 5005 L.B.J. FREEWAY; PROVIDING FOR CONDITIONS OF OPERATION, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY." C.13 SITE PLAN: CONSIDER REQUEST OF JERRY HOLSTROM FOR APPROVAL OF SITE PLAN FOR PROPERTY BETWEEN IH 35 AND DENTON ROAD LOCATED APPROXIMATELY 962 FEET SOUTH OF THE SOUTH LINE OF VALWOOD PARKWAY IN PLANNED DEVELOPMENT 30 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that Jerry Holstrom, Architect, is requesting approval of a new site plan which consists of 81,348 square feet of office and retail building on 3.7 acres of land. This plan meets all conditions of Planned Development 30. Mayor Dodd stated that the Planning and Zoning Commission recommends that this site plan be denied. Mr. Jerry Holstrom, 12750 Merit Drive, Dallas, WSI Architects, was present and displayed a site plan and a picture of the proposed project. Mr. Holstrom spoke in behalf of the proposed project and stated that this would be a quality addition to the area. Vol. 49, page 50. Mayor Dodd stated that the Planning and Zoning commission was particularly concerned about the type of building material facing the Denton Road side of the buildings, the access to Building "A" from the Denton Road parking area, the close proximity of the transformer and dumpster to the loading dock, and the lack of landscaping facing Denton Road. City Manager, Paul West stated that the City Staff does concur with the Planning and Zoning commission's recommendations. Mr. Curtis D. Hodgson, 5336 Alpha Road, Dallas, 75240, owner of the project, was present and stated that he had purchased this property two years ago with the thought of implementing a retail/office building. Mr. Hodgson requested a definitive representative to work with on this project and stated that: 1. Seven percent landscaping is proposed on the property when only five percent is called for. 2. The trash dumpster and the transformer will be relocated. 3. An earth tone application (pre-cast paneling) will be used on the cement backing of the building. 4. A cut through will be created on the east side of building to allow access. 5. Consideration will be given on any suggestions for landscaping on the Denton side of the Street. Mr. Hodgson stated that putting bricks around the entire building would be an economic liability for the market he is trying to serve. Councilmember Dunagan suggested that Mr. Holstrum go back to the Planning and Zoning commission and get their concurrence on all the new proposals being submitted by Mr. Holstrum for the subject property. Mr. Tom Scales, Director of Community Services, was present and stated that the Planning and Zoning Commission will need to see the newly proposed treatment of the cement backing of the building because of the different degrees of aesthetic beauty in pre-cast paneling. Mr. Scales also stated that the Planning and Zoning Commission should review: the newly proposed location for the trash dumpster and transformer; the newly proposed access through the building; and the newly proposed consideration of landscaping. A motion by Councilmember Dingman, a second by Councilmember Blair, all voting "aye", directed the request of Jerry Holstrom for Vol. 49, page 51. approval of site plan for property between IH 35 and Denton Road located approximately 962 feet south of the South Line of Valwood Parkway in Planned Development 30 Zoning District, back to the Planning and Zoning Commission for their recommendations and to be returned to the Council by the next City Council Meeting on August 18th, 1986. D.1 APPROVAL OF PARK DEDICATION Mayor Dodd stated that the Farmers Branch Historic Park will be dedicated on September 21. The event, expected to draw a crowd of 300 to 500 guests, will include musical entertainment, craft demonstrations, children's games, wagon rides and formal dedication of the Park, the Gilbert House and the Farmers Branch Depot. Mayor Dodd explained that the amount of $6,000.00 is requested to fund the dedication ceremonies. The money will come from unallocated funds. A copy of the budget and the event outline has been submitted to the Council for their consideration. After some discussion, a motion by Councilmember Blair, a second by Councilmember Phelps, all voting "aye", approved of the Historical Park Dedication Ceremonies and appropriated the amount of $6,000.00 from the unallocated Capital Improvement Project Funds. D.2 CONSIDER REQUEST FOR CHANGE ORDERS FOR THE FARMERS BRANCH PUBLIC LIBRARY AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that two change orders have been prepared for changes to the Farmers Branch Library. 1. Change Order 12 - Construct and install galvanized steel handrail across the Rawhide Creek Bridge on Webb Chapel. - $4,320.00 2. Change Order 13 - Provide and install access ladder to fountain pump. - 1,902.00 Total Change Order 12 and 13 $6,222.00 Mayor Dodd explained that this request for approval of Change orders 12 & 13 has been continued from a previous meeting to allow the time for additional information to be gathered. The contractor has submitted a breakdown of his costs, for Council consideration. Councilmember Blair questioned the costs on these items and the installation without authorization. After much discussion, a motion by Councilmember Dingman, a second by Councilmember Weidinger, to approve the request for the City Manager to execute change orders No. 12 and No. 13, for the Farmers Vol. 49, page 52. Branch Manske Library for Construction and installation of a galvanized steel handrail across the Rawhide Creek Bridge on Webb Chapel and the installation of an access ladder to the fountain pump, in the amount, not to exceed, $6,222.00, with Councilmember Phelps, Councilmember Blair, Councilmember Dunagan and Councilmember Weidinger voting "nay", and Councilmember Dingman voting "aye", The motion failed four to one. City Attorney John Boyle suggested that a motion for a reasonable value could be made, because the City does have possession of the ladder and handrail and is currently using them. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", directed the City Staff to negotiate a fee not to exceed $3,000.00 for change orders No. 12 and No. 13, for the construction and installation of galvanized steel hand rail across the Rawhide Creek Bridge on Webb Chapel and the installation of an access ladder to fountain pump. D.3 CONSIDER ORDINANCE NO. 1643 FOR THE ADMINISTRATION OF THE ANNUAL OVERLAY PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the Hot-Mix Overlay Program is designed to rehabilitate asphalt pavements and extend the useful service life of concrete pavements. Mayor Dodd stated that the ordinance is intended to provide guidelines for the administration of this program and to provide an alternative to an asphalt overlay in areas where residents do not favor the resurfacing of their street with asphalt. The City Engineer recommends passage of Ordinance 1643 in order to define the procedure to be taken to administer the Hot-Mix Overlay Program. Councilmember Dingman questioned the assessment of property owners who may be opposed to the alternative to an asphalt overlay and whether the signing of the petition would legally bind a person to pay for street improvements. City Manager Paul West stated that the State Law mandates assessments per front-foot and that the Ordinance does not contain or require what is needed to collect on the alternative overlay program. Mr. West stated that a legal agreement would be necessary to collect on the pavement costs. Councilmember Blair stated that the City does not have the money to relay all of the streets in Farmers Branch with cement and this type of policy gives the people an option. Councilmember Dingman stated that the notification part of the ordinance should include scheduled Public Meetings, with full Vol. 49, page 53. explanation of alternatives and costs involved in the Alternative Overlay Program. Mayor Dodd stated that due to suggestions from the Council, that Ordinance No. 1643 should be returned to the City Staff for further refinement to include the following: 1. That the appropriate legal instrument and description be provided in Ordinance. 2. That the petition is signed by 80% of the property owners abutting the street. 3. That the City Staff be required to have a meeting with the property owners of the area affected by the petition. 4. And any other item that the City Attorney or City Staff feels necessary for clarifying the intent of the Ordinance. City Manager Paul West, suggested that once the petition has been signed by 80% of the homeowners, that there will be an assessment conducted at that time, for the paving program. City Attorney, John Boyle stated that the legal instrument required to execute this type of program is a mechanics lean, due to the current homestead laws. A motion by Councilmember Dunagan, a second by Councilmember Weidinger,, all voting "aye", directed the City Staff to further refine the "Alternative to Asphalt Overlay Program" Ordinance No. 1643; by providing the appropriate legal instrument and description; to require that the petition is signed by 80% of the property owners abutting the street; that the City Staff notify the property owners and be required to have a public meeting informing of the program; that once the petition has been signed by 80% of the homeowners that an assessment will be conducted for the paving program; and any other item that the City Staff or City Attorney feels necessary to clarify the intent of the Ordinance. D.4 CONSIDER SELECTION OF STREETS FOR 1986 HOT-MIX OVERLAY PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the Hot-Mix Overlay Program is designed to rehabilitate pavement surfaces and extend the service life of the pavement structure. The program provides for a smoother and more level riding surface through the application of approximately 1-1/2 inches of hot-mix asphalt cement. The Street Inventory and Pavement Evaluation Program was used to evaluate the condition of all of the streets throughout the city. Funding for this program is available from the Public Works Asphalt Street Maintenance Budget in the amount of $200,000.00. Vol. 49, page 54. Mayor Dodd stated that the City Engineer recommends the following streets for the 1986 Hot-Mix Overlay Program: 1) Simonton Road: Midway Road to Inwood Road 2) Josey Lane: Valwood Parkway to Fyke Road The estimated cost of resurfacing these streets is $198,000.00. City Manager Paul West stated that repairs on Tanglewood have already begun, and about 20 square yards at the estimated cost of $63.00 a square yard have been already put in. After some discussion, a motion by Councilmember Weidinger, a second by Councilmember Blair, all voting "aye", approved the City Engineers selection of streets (Simonton Road from Midway Road to Inwood Road and Josey Lane from Valwood Parkway to Fyke Road) for the 1986 Hot-Mix Overlay Program with the estimated cost of $198,000.00. AGENDA ITEM NO. D.5 WAS ADDED TO THE CONSENT AGENDA ITEMS. D.6 CONSIDER RESOLUTION NO. 86-023 SUPPORTING THE PARKWAY CENTER TRANSIT MANAGEMENT ASSOCIATION AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the City Council has been requested to reiterate its support for the creation of a Parkway Center TMA by approval of a resolution that would (1) express support for the Parkway Center TMA (2) reaffirm the intent of the City to participate on the Policy Board of the TMA and authorize the Mayor to sign the declaration of intent and (3) pledge a $50,000 a year sum for a two year period towards start up and operation of the new TMA. Councilmember Blair stated that the City Resolution, was changed in Section 3, to read "The City of Farmers Branch hereby pledges to finance support for a period of two years on an equitable basis." Councilmember Weidinger stated that he would like to see DART's plan prior to embarking on this. Councilmember Dingman stated that the City of Farmers Branch has mandated a Traffic Management Organization in the Galleria Area through some of the zoning and the City is collecting money for it through some of the developers contracts and second the traffic studies in the Galleria Area show that 25% of the trips must be taken care of through mass transit or traffic management system kinds of activities. The estimate of the maximum mass transit trips would be 10% and we need 15% of the trips at least, depending on the level of service DART provides through a TMO. Councilmember Dingman stated that the City of Farmers Branch cannot depend on Vol. 49, page 55. DART to provide the area that needs to be served and a TMO is very critical and needed. Mayor Dodd stated that North Dallas, Addison and Farmers Branch are coming up with the funding for the Transit Management Association. Councilmember Weidinger expressed concern about Dallas having a majority vote in the Transit Management Association. Mayor Dodd stated that the Council is for the conceptual idea behind the Transit Management Association, but do want to make sure that we have not agreed financially, and that it is equitable prior to any commitments being made. A motion by Councilmember Blair, a second by Councilmember Dingman, with Councilmember Dingman, Councilmember Blair, Councilmember Phelps, and Councilmember Dunagan voting "aye", and Councilmember Weidinger voting "nay", adopted resolution No. 86-023 supporting the Parkway Center Transit Management Association. The motion passes four to one. AGENDA ITEM NO. D.7 WAS ADDED TO THE CONSENT AGENDA ITEMS. D.8 CONSIDER AWARDING THE BID FOR A REPLACEMENT CONCRETE TRUCK FOR THE STREET DIVISION. Mayor Dodd stated that bids were received for a replacement concrete truck on July 16, 1986. Six bids were received. Two bids did not meet specifications. The lowest and best bid was submitted by Truck & Concrete Equipment Inc. in the amount of $106,932.00 or a monthly amount of $2,711.79 on the lease-purchase basis. The total annual payment will be $32,541.48. The Street Department budget includes $35,000.00 for the purchase of this replacement concrete truck. Mayor Dodd stated that the Public Works Department recommends that the bid for a replacement concrete truck be awarded to Truck & Concrete Equipment, Inc. in the amount of $2,711.79 per month for a 48 month lease-purchase. A motion by Councilmember Dunagan, a second by Councilmember Phelps, with Councilmember Dingman, Councilmember Dunagan, Councilmember Phelps, and Councilmember Weidinger voting "aye", and Councilmember Blair voting "nay", awarded the bid for a replacement concrete truck for the street division to Truck & Concrete Equipment Inc. in the amount of $106,932.00 on a monthly amount of $2,711.79 on the lease-purchase basis for a 48-month lease-purchase. The motion passes four to one. D.9 CONSIDER AWARDING BID FOR ELECTRONIC AND TAKE APPROPRIATE ACTION PMENT Vol. 49, page 56. Mayor Dodd stated that the Engineering Department has budgeted $25,000.00 for electronic survey equipment. Bids were opened for this equipment on July 9, 1986 at 10:00 a.m. Three bids were received. Two bids were submitted in the requested per item form. The third bid was submitted as a lump sum bid for all equipment specified with no per item cost listed. Mayor Dodd stated that the lump sum bid from Midwest Surveyors Service did not meet specification for the supporting software, and as it was not bid by separate items, this would invalidate the entire bid. This was low bid at $17,259.15. The next lower bid was Trion Survey Equipment at a total bid of $27,397.00. This bid meets all specifications, but is $2,397.00 over the budgeted amount. There are sufficient funds remaining in the Engineering Department to cover the overrun. Mayor Dodd stated that the third bid by Entre' Computer Center was for supporting computer software only. Mr. Mark Pavageaux, Assistant City Engineer, stated that there would not be any delays on projects should the City decide to rebid the Electronic Survey Equipment, although it would be of great benefit to have. Mr. Pavageaux further stated that he did not believe that all companies had ample time to review the specifications prior to closing the bids and that there is a great possibility that a better bid could be received if the City were to rebid the Electronic Survey Equipment. A motion by Councilmember Blair, second by Councilmember Phelps, all voting "aye", directed the City Staff to go out for rebid on the Electronic Survey Equipment. D.10 CONSIDER AWARDING THE BID FOR HOT MIX ASPHALTIC CONCRETE AND HOT MIX COLD LAID MATERIAL FOR THE STREET DIVISION AND THE UTILITY DEPARTMENT Mayor Dodd stated that Bids were received on July 16, 1986, for the annual supply of hot mix asphaltic concrete and hot mix cold laid material for the Street Division and the Utility Department. Two bids were received for hot mix hot lay asphaltic concrete and two bids were received for hot mix cold lay material. The lowest and best bid for Type D and Type B Hot Mix Asphaltic Concrete was submitted by Austin Paving company in the total amount of $58,250.00. The lowest and best bid for Type FF Hot Mix Cold Laid material was submitted by Vulcan Materials Company in the amount of $28,000.00. Funds are included in the Street Division budget in the amount of $75,000.00 for the purchase of the hot mix asphaltic concrete. The Utility Department budget includes,funds in the amount of $37,000.00 for the purchase of the hot mix cold laid material. Mayor Dodd stated that the Public Works Department recommends that the bid for annual supply of hot mix asphaltic concrete be awarded Vol. 49, page 57. to Austin Paving Company in the amount of $58,250.00. The Utility Department recommends that the bid for the annual supply of hot mix cold laid material be awarded to Vulcan Materials Company in the amount of $28,000.00. A motion by Councilmember Weidinger, a second by Councilmember Phelps, all voting "aye", awarded the bid for hot mix asphaltic concrete to Austin Paving Company in the amount of $58,250.00 and hot mix cold laid material to Vulcan Materials Company in the amount of $28,000.00 for the Utility Department and Street Division per the 1985/1986 budget. D.11 CONSIDER AWARDING THE BID FOR NEW VIDEO SYSTEM. Mayor Dodd stated that companies. All met the of $26,015.35. 1. Video System, Inc. 2. Magnetic Media 3. Victor Duncan, Inc. 4. Texas Video System, requests for bids were sent to four specs. Victor Duncan submitted the low bid $2?,091.00 $26,524.50 $26,015.35 Inc. $26,941.00 A total of $29,950.00 was budgeted for this purchase. Mayor Dodd stated that the Marketing Department staff recommends awarding the bid to Victor Duncan for the new video system for $26,015.35. A motion by Councilmember Weidinger, a second by Councilmember Phelps, awarded the bid for a New Video System to Victor Duncan in the amount of $26,015.35 from the General Fund. D.11a. DISCUSS THE AFFECTS AND RECENT CHANGES WITHIN THE ENGINEERING DEPARTMENT. Councilmember Dingman questioned the impact that the loss of the City Engineer will have on the Geo-mapping system. City Manager Paul West stated that the project is on schedule and that there will be no impact on the Geo-mapping system. Mayor Dodd requested the status on getting a new City Engineer. Assistant City Manager Gene Carlton, stated that the City has had approximately thirty applications for the position of City Engineer. Mr. Carlton further stated that the City Engineer Committee will be meeting tomorrow to rank the applications for the position of City Engineer and there has been a very good response for the position. Mr. Carlton explained that the City Engineer Committee is developing several questions for the City Engineer Applicants, of which Geo-mapping experience will be one of the questions asked of the applicants. Vol. 49, page 58. Councilmember Dingman requested dates for the review of the revision of the current Capital Improvement Estimates especially those that are more than one year old. City Manager, Paul West stated that those will be ready prior to the next City Council Meeting. Mr. West stated that there are still some serious questions to ask the Engineering Department and some information that still needs to be reviewed. Councilmember Dingman questioned whether the lack of a head City Engineer will affect the implementation of the additional 13.8 million dollars of projects in which bonds were sold? City Manager Paul West stated that a long term vacancy in the City Engineer's Office would affect the projects, but a short term vacancy would not affect any projects. Mr. West stated that the Engineering Staff now in place is very competent. Councilmember Dingman questioned whether or not there is enough money in the City Engineering Position to attract the kind of Engineer the City needs. City Manager Paul West stated that in his opinion at this time, he feels that there is enough money in the City Engineer's Position to attract the type of engineer that the City needs. Councilmember Dingman stated that it was promised that all current Capital Improvement Projects would be under contract by October 1, 1986, and questioned whether this is current? Councilmember Dingman also questioned whether the Engineering Department is current in all other areas that need to be addressed and are the plats still backed logged four months? Mark Pavageaux, Assistant City Engineer, stated that in his opinion there is not a back-log on plats. Councilmember Dingman questioned whether or not there are any other vacancies in positions in the Engineering Department. City Manager, Paul West stated that all positions within the Engineering Department are currently filled, with the exception of the City Engineer Position and that he has requested Mark Pavageaux to be the Acting City Engineer for the time being. D.12 CITIZEN PARTICIPATION. Agenda Item No. D. 12, Citizen Participation, was declared an emergency and placed under Agenda Item No. A.9, Citizen Participation. F.1 ADJOURNMENT. Vol. 49, page 59. A motion by Councilmember Phelps, a second by Councilmember Blair, all vol in "aye", adjourned the City Council Meeting at 11:07 PM. Ma or Johnd ty Secret 1 Vol. 49, page 60.