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1986-09-22 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 09/22/86 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 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 Director of Community Services Tom Scales Director of Public Works Earl Deland Traffic Engineer Larry Cervenka Secretary Ruth Ann Parish Police Chief Roger Robbins Director of Staff Services Norman Reynolds Mayor Dodd called the City Council Meeting of 09/22/86 to order at 7:31 p.m. The meeting was televised. A.1 INVOCATION Councilmember Phelps gave the invocation and led the Pledge of Allegiance. A.2 PRESENTATION OF APPRECIATION - RESPONSE TO TRAGIC INCIDENT. Mayor Dodd introduced Police Chief Roger Robbins who introduced three detectives of the Police Department, Captain A. C. Wagner, Sergeant Ronnie Grimes and Sergeant Richard Stapleton. Mayor Dodd presented these men with a plaque the City received from the Vol. 49, Page 115 1 Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms commending the City for the Police Departments fine work during the investigations of a recent double homicide on Golfing Green. Mayor Dodd introduced Fire Chief Jack Dyer and commented on the fine cooperation between the two departments. Mayor Dodd went on to say that besides the cooperation between the Fire and Police Departments during the investigation of this recent tragic incident, the participation of the Crime Watch Program was vital. Mayor Dodd introduced Sam and Kaye Khoury, 2806 Golfing Green, who were so quick to call the Fire Department which made it possible to save evidence which was used to solve this crime. Mayor Dodd presented Mr. and Mrs. Khoury with a certificate of appreciation. A.3a PRESENTATION OF SERVICE AWARDS JAN RICHARDS, PARKS AND RECREATION DEPARTMENT 5 YEAR AWARD A. 3b DAVID WHITEHEAD, TRAFFIC ENGINEERING DEPARTMENT 5 YEAR AWARD A.4 PRESENTATION OF BOARD APPLICATIONS. Councilmember Blair reported that the Council received an application from Mr. Dean Nichols, 2922 Randy Lane, desiring to serve on the Historical & Preservation Board. Mayor Dodd asked that Mr. Nichols be invited to come to the next Council meeting. The application was filed for the record. Mayor Dodd stated this item gives applicants an opportunity to present board applications to the City Council. A.5 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE 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. Councilmember Dingman asked that Items B.1 and B.3 be taken off the list of consent items as was discussed by the Council during the study session since the Council needs more information on these items before they can be considered. Vol. 49, Page 116 Councilmember Phelps suggested that items C.6 and D.2 be added to the consent items. 1 Councilmember Dunagan made the motion that the following consent agenda items be approved with inclusion of Items C.6 and D.2. Councilmember Phelps seconded the motion. All voted "aye". B.2 ADOPTED ORDINANCE NO. 1656 FOR PLACEMENT OF A STOP SIGN AT THE INTERSECTION OF GLAD ACRES DRIVE AT VALLEY VIEW LANE. "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1381; SPECIFYING THE PLACEMENT OF A STOP SIGN ON GLAD ACRES DRIVE AT VALLEY VIEW LANE; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY." B.4 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR GASOLINE, OIL, AND DIESEL FUEL. B.5 AUTHORIZED ADVERTISEMENT FOR BIDS FOR A REPLACEMENT SIDE LOADER REFUSE TRUCK FOR THE SANITATION DIVISION B.6 AUTHORIZED THE ADVERTISEMENT FOR BIDS ON LINEN SERVICE FOR THE FIRE DEPARTMENT. B.7 APPROVED REQUEST BY DAL-MAC CORPORATION FOR REPLAT APPROVAL OF A CORPORATE FACILITY FOR DAL-MAC CORPORATION. B.8 APPROVED REQUEST BY FARMERS BRANCH HOSPITAL AUTHORITY FOR REPLAT APPROVAL OF DEDMAN MEDICAL CENTER. B.9 APPROVED REQUEST BY BELTWAY DEVELOPMENT COMPANY FOR REPLAT APPROVAL OF INWOOD ROAD OFFICE DEVELOPMENT. B.10 APPROVED REQUEST BY BELTWAY/CHAMPION JOINT VENTURE FOR REPLAT APPROVAL OF BELTWAY/CHAMPION OFFICE PARK. B.11 APPROVED ACCEPTANCE OF EXTENSION OF 120 DAY RIGHT-OF-ENTRY FROM THE LOUISIANA ARKANSAS RAILWAY COMPANY PERMITTING THE CITY THE RIGHT TO ENTER AND CONTINUE CONSTRUCTION ON THE WIDENING AND Vol. 49, Page 117 IMPROVEMENT OF SENLAC DRIVE AFFECTING LANDA ADDITION, LOCATED AT 13210 SENLAC DRIVE. C.6 APPROVED SITE PLAN FOR A 3.215 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF HUTTON DRIVE AND HUTTON COURT. D.2 AUTHORIZED THE EXECUTION OF THE INTERLOCAL CONTRACT BETWEEN THE COUNTY OF DALLAS AND THE CITY OF FARMERS BRANCH FOR PARTICIPATION IN THE IMPROVEMENT OF BRIDGES AND MAJOR THOROUGHFARES IN FARMERS BRANCH. B.1 APPROVAL OF MINUTES OF MEETING OF SEPTEMBER 9, 1986. A motion by Councilmember Blair was made to table Item B.1 considering the approval of the minutes of the September 8, 1986 Council Meeting since the minutes were inadvertently left out of the packet. Councilmember Dunagan seconded the motion and all voted "aye". B.3 CONSIDER AUTHORIZING PERMISSION TO ADVERTISE OR BIDS FOR CHANNEL DREDGING AT MALLON PARK AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that plans and contract documents for dredging have been prepared by the Engineering Department. The estimated construction cost for dredging the lake and the area under the Josey Lane Bridge with disposal of material is $75,000.00. No money has been budgeted for this project. Funds for this work could come from the unallocated Capital Improvement Projects account. The Engineering Department recommends authorizing the advertisement for bids for dredging the lake at Mallon Park. Councilmember Dingman stated this request is an example why the Council needs to have a special meeting to prioritize these requests for unallocated funds. Councilmember Dingman moved that the Council table this item until such a meeting has been held. The motion died for the lack of a second. Councilmember Blair asked the City Manager, Paul West where the City stands as far as the gabion work for Mallon Park. Mr. West called on Mark Pavageaux, Assistant City Engineer, who stated the final drawings are scheduled to be in by the middle of October, 1986. The work needs to be done before the fall rains start and the work will take approximately six weeks from start to finish. Councilmember Herb Weidinger made the motion authorizing the advertisement for bids for channel dredging at Mallon Park. Councilmember Blair seconded the motion. When asked by Mayor Dodd if there was any further discussion, Councilmember Dingman said she would like to make a second motion to schedule a meeting to discuss the Capital Improvement Projects unallocated funds but would like to wait until Item C.2 which will be a discussion of Council Vol. 49, Page 118 meeting dates. Mayor Dodd asked if there was any further discussion on the motion that Engineering Department go out for bids for channel dredging at Mallon Park and there was none. Mayor Dodd asked for a vote. Councilmembers Blair, Dunagan, Phelps and Weidinger voted "aye" and Councilmember Dingman voted "no". The vote is 4 to 1. The motion passed. 1 EMERGENCY ITEMS DECLARED Councilmember John Dunagan stated the Council has two items to add to the agenda as Emergency Items. These items are Item C.7, consider authorizing funding for Sedway Cooke and take appropriate action, and Item D. 7, discuss Council travel requests and take appropriate action. Councilmember Dunagan made the motion to declare an emergency and add C.7 and D.7 to the agenda. Councilmember Phelps seconded the motion. Mayor Dodd asked for discussion and there was none. All voted "aye". C.1 CITY MANAGER REPORTS. City Manager Paul West gave an informative report on the programs, projects and happenings of the various departments of the City with special recognition to the Engineering Department for the Capital Improvements Projects progress this year. Councilmember Dingman asked about the status of hiring a new City Engineer. Mr. West stated applications are still being accepted. C.2 DISCUSS COUNCIL MEETING DATES FOR MONTH OF DECEMBER AND TAKE THE APPROPRIATE ACTION. Mayor Dodd stated this item has been placed on the agenda at the request of Councilmember Weidinger. Councilmember Weidinger made the motion that the Council meetings for the month of December be changed to December 8 and December 22, 1986, due to the N.L.C. Annual Meeting being at the time of the first regularly scheduled meeting. Councilmember Blair seconded the motion. All voted "aye". Councilmember Dingman.made the motion that the Council have a budget Study Session starting at 1:00 p.m., October 6 and also at 1:00 p.m. on October 20. Councilmember Phelps seconded the motion. All voted "aye". Councilmember Blair made the motion to begin the Study Session on December 8 at 9:00 a.m. with the morning being allocated to discussion of the comprehensive plan. Councilmember Herb Weidinger seconded the motion. All voted "aye". C.3 PUBLIC HEARING: CONSIDER AMENDING ARTICLE 8-400 OF THE ZONING ORDINANCE OF THE CITY BY ESTABLISHING Vol. 49, Page 119 PROVISIONS FOR ISSUING AND REGULATING SPECIFIC USE PERMITS FOR PRIVATE CLUBS AS RECOMMENDED BY THE ALCOHOL ZONING ORDINANCE COMMITTEE AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that in June of 1986, the City Council appointed an Alcohol Zoning Ordinance Committee. The Committee has completed its goals and has prepared a recommendation in the form of a proposed Ordinance for the City Council's consideration. Further, Mayor Dodd explained that The Planning and Zoning Commission voted unanimously to continue consideration of this item until the next meeting on the 29th of September. Councilmember Dingman made the motion to continue this Public Hearing to consider amending Article 8-400 of the Zoning Ordinance of the City by establishing provisions for issuing and regulating specific use permits for private clubs to October 6, 1986. Councilmember Blair seconded the motion and all voted "aye". C.4 SITE PLAN: CONSIDER REQUEST OF JERRY HOLSTROM FOR APPROVAL OF A SITE PLAN FOR PROPERTY LOCATED BETWEEN IH-35 AND DENTON ROAD APPROXIMATELY 962 FEET SOUTH OF THE SOUTH LINE OF VALWOOD PARKWAY IN PLANNED DEVELOPMENT 30 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that Jerry Holstrom, Architect, is requesting approval of a site plan which consists of 79,748 square feet of building area on 3.7 acres of land. On August 18, 1986, the City Council referred this item back to the Planning and Zoning Commission for further consideration. Mayor Dodd explained the Planning and Zoning Commission, by unanimous vote, recommends approval of this site plan subject to the following conditions: 1. The curbing at the northeast corner of Building "A" match the configuration of curbing shown on the sprinkler plan; 2. The approval is subject to the approval by the Highway Department of the curb cuts onto the service road. Mayor Dodd introduced Curtis Hodgson, 5336 Alpha, who asked approval of his site plan for property located between IH-35 and Denton Road approxinmately 962 feet south of the south line of Valwood Parkway in Planned Development 30 Zoning. Mr. Hodgson explained his site plan showing a diagram pointing out revisions that have been made from the first plan submitted. Councilmember Blair made a motion for approval of the site plan for property located between IH-35 and Denton Road approximately 962 feet south of the south line of Valwood Parkway in Planned Development 30 Zoning District with the two conditions added as Vol. 49, Page 120 recommended by the Planning & Zoning Commission. Councilmember Weidinger seconded the motion. All voted "aye". C.5 SITE PLAN: CONSIDER REQUEST OF BIRTCHER WADSWORTH FOR APPROVAL OF SIGNAGE FOR VALLEY VIEW COMMERCE PARK AND TAKE APPROPRIATE ACTION. THIS PROPERTY IS LOCATED IN PD-22 (LI) ZONING DISTRICT. Mayor Dodd explained that Birtcher Wadsworth is requesting approval of a signage package for Valley View Commerce Park. A landscape plan, which only showed two project signs on either side of Senlac Drive was approved by the City Council on February 17, 1986. Site plan approval is required before a sign permit may be issued. Mayor Dodd stated the Planning and Zoning Commission recommends approval of this site plan with two conditions: 1. Major identity sign be placed behind the building line; along Valley View Lane. 2. The building identity sign be no more than 2 feet above the top of the berm, and no more than 4 feet above grade. Councilmember Blair moves for approval of the the site plan for signage as requested for Valley View Commerce Park, in accordance with the Planning and Zoning Commissions recommendations with the two conditions; seconded by Councilmember Weidinger. All voted "aye". C.7 CONSIDER AUTHORIZING FUNDING FOR SEDWAY COOKE Mayor Dodd explained this item has been placed on the agenda as an emergency. Invoices from Sedway Cooke Associates for completing work on the comprehensive plan have been submitted for funding. These funds would come from unallocated capital improvement reserves. The Director of Finance recommends payment of this invoices. City Manager Paul West stated that the monies would come out of this year's reserve, but it will diminish the amount going into next year. Councilmember Weidinger made the motion authorizing the funding of $58,069.00 from the unallocated capital improvement reserves to Sedway Cooke Associates for work on the comprehensive plan. Councilmember Phelps seconded the motion. All voted "aye", Councilmember Dingman said the Planning and Zoning Commission has scheduled a work shop that is open to the public on October 30, Vol. 49, Page 121 1986 and again on November 10, 1986 to consider the Comprehensive Plan and make recommendation. Councilmember Dingman suggested that funds be allocated to have Tom Cooke here for these meetings . Councilmember Dingman moves that Tom Cooke be asked to attend the Planning and Zoning Commission meeting on October 30, 1986 and on November 10, 1986. If funds have not already been appropriated for these visits then the staff should put that on the next agenda so funds can be appropriated. Councilmember Weidinger seconded the motion. All voted "aye". D.1 CONSIDER FINAL DISPOSITION OF SOIL SAMPLES COLLECTED FROM THE HISTORICAL PROPERTY AND TAKE APPROPRIATE ACTION. Mayor Dodd explained on two occasions the City of Farmers Branch has employeed a private laboratory to split soil samples collected from the historical park with the Texas Water Commission and ERM Southwest, Inc. (Zoecon's consultant). The City instructed the private laboratory to store these samples until they received further instructions. The Texas Water Commission has confirmed, by inspection and soil analyses, that the historical park soil now complies with the standard set by the Water Commission's order. Therefore, the City should consider final disposition of its soil samples stored at a private laboratory. The storage fee for these soil samples is $15.00 per day. Mayor Dodd stated that this was discussed in the Study Session and the City Attorney is going to get in touch with Zoecon because they have indicated they would pay the city's bill but as of this date the city has not received a check from them. This may take two weeks. Councilmember Weidinger made a motion to table this item until the next Council Meeting. Councilmember Blair seconded the motion. All voted "aye". D.3 CONSIDER AWARDING THE BID FOR RADIO MAINTENANCE. Mayor Dodd stated four (4) requests for bids were distributed to qualified vendors. By bid opening date three bids had been received. Low bid meeting specifications was submitted by Motorola Communications for an annual total of $23,940.00. This bid will cover all Police, Fire and Operations Departments, Divisions in the City. The Police, Fire and Staff Service Departments recommend the award of bid for radio maintenance be made to Motorola communications for an annual total of $23,940.00. Councilmember Phelps made the motion to award the bid for radio maintenance to Motorola Communications for an annual total of Vol. 49, Page 122 $23,940.00. Councilmember Weidinger seconded the motion. All voted "aye". D.4 CONSIDER AWARDING THE BID FOR VALWOOD PARKWAY PHASE I FROM IH35E TO JOSEY LANE AND TAKE APPROPRIATE ACTION Mayor Dodd explained the reconstruction of Valwood Parkway is project ST-25 of the Bond program for 1985-86. This project consists of reconstructing and widening the existing divided roadway, storm sewer, sidewalks, streetlighting, landscaping and irrigation. Bids for the paving, drainage and street lighting on this project were opened on September 17, 1986. The low bid was received from Uvalde Construction Company in the amount of $1,365,582.03. Funds for this project are available in the amount of $1,535,000.00. The landscaping and irrigation will be handled under a separate contract. The Engineering Staff recommends that the bid be awarded to Uvalde Construction Company in the amount of $1,365,582.03. Mark Pavageaux, Assistant City Engineer, stated Uvalde has done work with the city before, and has had very good results with this company. Councilmember Dunagan wanted to note that the contract requires that the work be completed in phases that would provide access to the adjacent property at all times, and also the time required to complete construction of the contract is 250 calendar days. Councilmember Dingman made the suggesstion that future contracts provide bidders of large construction projects incentive to phase their projects in a manner to get the jobs finish before schedule. Councilmember Dunagan moved that the Council award the bid for Valwood Parkway reconstruction to Uvalde Construction Company in the amount of $1,365.582.03. The motion was seconded by Councilmember Weidinger, and all voted "aye". D.5 CONSIDER AWARDING THE BID FOR CONSTRUCTION OF THE RIGHT TURN LANE ON WEBB CHAPEL ROAD AT IH635 AND TAKE APPROPRIATE ACTION Mayor Dodd explained that the construction of aright turn lane on southbound Webb Chapel Road at IH635 is project ST-73 of the 1985-86 Bond Program. This project is budgeted in the amount of $150,000 for construction and right-of-way acquisition. Bids for construction of the subject project were opened on September 15, 1986. The low bid was received from Cetex Enterprises, Inc. in the amount of $29,821.01. Construction Vol. 49, Page 123 shall be completed within 35 calendar days. The Engineering Department Staff recommends this bid be awarded to Cetex Enterprises, Inc. Councilmember Dingman made the motion to award the bid for the construction of the Webb Chapel Right Turn Lane to Cetex Enterprises, Inc., in the amount of $29,821.01. Councilmember Phelps seconded the motion. All voted "aye" . D.6 CONSIDER AWARDING THE BID FOR THE RECONSTRUCTION OF OLD NORTH ROAD AND CONSTRUCTION OF THE LIBRARY PARKING LOT AND TAKE APPROPRIATE ACTION Mayor Dodd explained that the reconstruction of Old North Road from Heartside Place to Joanna Drive is included in the Annual Street Reconstruction Program as project ST-2 of the 1985-86 Bond Program. Construction of the Library Parking Lot is a part of the 1985 Capital Improvements Program. Bids for the subject project were opened on September 15, 1986. The low bid was received from Metroplex Consolidated Corporation in the amount of $211,704.10. This project is budgeted in the amount of $260,000.00. Mayor Dodd stated that the Engineering Staff recommends that the bid for the reconstruction of Old North Road, and the construction of the Library Parking Lot be awarded to Metroplex Consolidated Corporation. Mark Pavageaux, Assistant City Engineer stated the City has used Metroplex Consolidated Corporation before and was happy with their work. When Councilmember Dunagan asked about access to adjacent properties during the construction, Mark Pavageaux stated the construction will be done on one side of the street at a time, leaving the street open at all times. Councilmember Dunagan made the motion to award the bid for the reconstruction of Old North Road from Heartside Place to Joanna Drive to Metroplex Consolidated Corporation in the amount of $211,704.10. Councilmember Blair seconded the motion and all voting "aye". D.7 DISCUSS COUNCIL TRAVEL REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Dodd explained this is an placed on the agenda to give the to present requests. Seeing no emergency item that has been Councilmembers the opportunity requests, Mayor Dodd went to the Vol. 49, Page 124 next item. D.8 CITIZEN PARTICIPATION. Mayor Dodd explained that this item has been placed on the agenda to give citizens the opportunity to participate in the Council meeting. There was no citizen participation. 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 - Article 6252-17, Sec. 2(g) A. DISCUSS APPOINTMENT OF A SENIOR ADVISORY COUNCIL. A discussion was held relating to a Senior Advisory Council. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. No action was necessary on item discuss in the Exeutive Session on Personnel Matters. F.1 ADJOURNMENT. A motion by Councilman man Dunagan, all voting meeting at 8:53 P.M.. =10,0 John Dodd 6 ,&a City Secretary Weidinger, a second by Council "aye", adjourned the Vol. 49, Page 125