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1986-11-17 CC Minutes1 CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 11/17/86 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 Assistant City Manager Assistant City Manager City Attorney City Secretary Director of Community Services Director of Public Works Traffic Engineer Assistant City Engineer Director of Staff Services Secretary Paul M. West Steve Carpenter Gene Carlton John Boyle Randall Mahaffey Tom Scales Earl Deland Larry Cervenka Mark Pavageaux Norman Reynolds Ruth Ann Parish Mayor Dodd called the City Council Meeting of 11/17/86 to order at 7:30 P.M. The meeting was televised. A.1 INVOCATION Councilman Phelps gave the invocation and led the Pledge of Allegiance. A.2 PRESENTATION TO AL KORIOTH'S FAMILY FROM STATE REPRESENTATIVE BILL BLANTON. Vol. 50, Page 37 Mayor Dodd introduced State Representative Bill Blanton who had requested to be on the agenda to make a special presentation to the family of Al Korioth, a former State Representative and Farmers Branch City Council member who is deceased. Carrollton Mayor Milburn Gravley was also present for the presentation. Al Korioth's wife, Betty, and several other members of the family were present for the presentation. Representative Blanton presented to the Korioth Family House Resolution No. 40, passed by the Texas House of Representatives in honor of Al Korioth for his interest and leadership involvement in community and State affairs. A.3 RECOGNITION OF FARMERS BRANCH PRIVATE SCHOOLS STUDENT WHO WILL BE REPRESENTING THE CITY OF FARMERS BRANCH IN THE CLOSE-UP PROGRAM IN WASHINGTON. D. C. Mayor Dodd explained that each year the City of Farmers Branch honors outstanding students who have excelled in government classes. This year in addition to honoring students from W. T. White High School and R. L. Turner High School, a Farmers Branch resident attending private school will receive funding to participate in the Close-Up Program. The private school student selected to represent Farmers Branch is Andrea Bond of 3490 Golfing Green, who attends Greenhill School. Andrea will receive a $1,000 grant to participate in the fine program. After Andrea returns from Washington, D.C., she will make another appearance before the City Council to report on her trip. Andrea was accompanied by her parents, Mr. and Mrs. Bond, at this Council Meeting and was presented with a certificate by Mayor Dodd. A.4 PRESENTATION OF SERVICE AWARD Mayor Dodd presented Al Wagner of the Police Department with a 20 year employee service award. A.5 PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd explained that this item gives applicants an opportunity to present board applications to the City Council. No one came forward to present an application. 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 Vol. 50, Page 38 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 con- sent items is being established in order to speed up discussion for those items that need more time for discussion. Councilwoman Dingman stated that the minutes for the November 14 Emergency Meeting were not included in the agenda packet, and since she would not vote to go out for bids for the piece of replacement equipment as recommended by the Public Works Department in Item B.6 she has asked that Items B.4 and B.6 be removed from the Consent Items. Councilman Dunagan asked that Items D.1 - CONSIDER ADOPTING RESOLUTION NO. 86-037 OPPOSING CHANGES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM AND TAKE APPROPRIATE ACTION., and D.5 - CONSIDER AUTHORIZING EXPENDITURE FOR PARTICIPATION IN THE METROPLEX MAYORS MEETING PROGRAM, be added to the Consent Items Agenda. Councilman Dunagan made the motion to remove Items B.4 and B.6 and add Items D.1 and D.5 to the Consent Items Agenda. Councilman Blair seconded the motion with all voting "aye". Councilman Dunagan made the motion to approve the following Consent Items with Councilman Blair seconding the motion and all voting flayell. B.1 APPROVED MINUTES OF NOVEMBER 3, 1986 COUNCIL MEETING. B.2 APPROVED MINUTES OF NOVEMBER 10, 1986 EMERGENCY MEETING. B.3 APPROVED MINUTES OF NOVEMBER 11, 1986 EMERGENCY MEETING. B.5 ACCEPTED A 15-FOOT WIDE UTILITY EASEMENT DEDICATED TO THE CITY OF FARMERS BRANCH BY CITY POINTE NORTHWEST JOINT VENTURE FOR THE INSTALLATION OF A 12" WATER LINE. B.7 AUTHOIZED ADVERTISEMENT FOR BIDS FOR THE ANNUAL SUPPLY OF CONCRETE MATERIALS FOR THE STREET DIVISION. D.1 ADOPTED RESOLUTION NO. 86-037 OPPOSING CHANGES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM. D.5 AUTHORIZED EXPENDITURE FOR PARTICIPATION IN THE METROPLEX MAYORS MEETING PROGRAM IN THE AMOUNT OF $1,000.00. 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. B.4 APPROVAL OF MINUTES OF NOVEMBER 14, 1986 EMERGENCY Vol. 50, Page 39 MEETING. Councilwoman Dingman explained that the minutes of the November 14, 1986 Emergency Meeting were not included in the agenda packet so she made the motion to table this item until the next Council Meeting. Councilman Weidinger seconded the motion with all voting "aye". B.6 CONSIDER AUTHORIZING ADVERTISEMENT FOR BIDS FOR A REPLACEMENT DUMP TRUCK FOR THE STREET DIVISION. Mayor Dodd explained includes funds for t existing Unit 27-02, budget in the amount Mayor Dodd said this Department. that the Streets Division budget for 1986-87 ae purchase of a replacement dump truck for a 1977 model truck. Funds are included in the of $26,000.00 for the purchase of this truck. purchase is recommended by the Public Works Councilwoman Dingman said that until the Council addresses what she feels is a budget crisis, she will vote against all such purchases. Councilman Dunagan made the motion to advertise for bids for a replacement dump truck for the Streets Division as recommended by the Public Works Department. The motion was seconded by Councilman Blair. Councilmen Dunagan, Blair, Phelps and Weidinger voted "aye" and Councilwoman Dingman voted "nay". The motion carried 4 to 1. Councilman Phelps made the motion that the advertisement for bids be made for both the cash price and the trade in price for the replacement dump truck. Councilman Weidinger seconded the motion with all voting "aye". C.2 PUBLIC HEARING: CONSIDER REQUEST OF ROSE A. DEAN FOR A SPECIFIC USE PERMIT FOR A RESTAURANT IN THE PLANNED DEVELOPMENT 22 ZONING DISTRICT ON PROPERTY LOCATED AT 11496 LUNA ROAD AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the Public Hearing. Mayor Dodd explained that the applicant is requesting a Specific Use Permit to operate a 1,275 s.f. restaurant known as Kolaches in Building "C" of Crown Plaza. A Specific Use Permit is required before a certificate of occupancy may be issued. Mr. T. K. Africawala of Soup 'N Sandwich, 2888 Valwood Parkway in Farmers Branch appeared before the Council and asked that the Specific Use Permit not be issued to Rose A. Dean because he is concerned that the new Kolaches Restaurant will seriously Vol. 50, Page 40 jeopardize their business and result in very serious financial loses. Councilman Phelps left the room at 7:58 P.M. due to a possible conflict of interest. Councilman Phelps has business interest with the owners of Soup 'N Sandwich. Mr. Tod M. Fobare, 2525 Players Court, Dallas, representing Rose A. Dean presented the request for the Special Use Permit for the Kolaches Restaurant. The hours of operation would be 7:00 A.M. to 7:00 P.M. Monday through Friday. The restaurant features a specialty Menu for Breakfast, Lunch and Dinner, and specializing in catering to all occasions. There being no further discussion, Councilman Weidinger made the motion to close the Public Hearing. Councilman Blair seconded the motion with all voting "aye". Councilman Blair asked Mr. Fobare if Ms. Dean realized that beer and wine can not be sold at this location. Mr. Fobare said they are not interested in selling beer or wine. After more discussion Councilman Weidinger made the motion to approve the Special Use Permit for a restaurant at 11496 Luna Road as requested by Rose A. Dean and recommended unanimously by the Planning and Zoning Commission. Councilman Blair seconded the motion. Councilmembers Weidinger, Blair, Dingman and Dunagan voted "aye". The motion carried. CX4-?kV2- Councilman Phelps returned to the room at 8:01 P.M. C.3 CONSIDER REQUEST OF TURNER HARDWARE INC. FOR SITE PLAN APPROVAL FOR AN ADDITION TO THE EXISTING TURNER HARD- WARE BUILDING AT THE SOUTHWEST CORNER OF JOSEY LANE AND VALLEY VIEW LANE IN PLANNED DEVELOPMENT 8 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that Turner Hardware would like to add an additional 10,530 sq. ft. of building area to the existing store. Site Plan approval is required before a building permit is issued. Mayor Dodd further explained that the Planning and Zoning Commission, by unanimous vote, recommends the site plan be approved with the condition that a legal instrument be prepared and recorded which provides mutual vehicle access and parking privileges between what is shown on the site plan as Tract 1 and Tract 2 prior to the issuance of a building permit. This legal instrument is to run with the land. Vol. 50, Page 41 Andy Martin, 5401 N. Central, represented Turner Hardware, Inc. at the meeting. Councilwoman Dingman asked Mr. Martin if Turner Hardware, Inc. had any problem with the condition the Planning and Zoning Commission placed on their recommendations. Mr. Martin answered that they had no problem with the condition. Councilwoman Dingman moved that the City Council approve Turner Hardware's site plan as recommended by the Planning and Zoning Commission with the condition that a legal instrument be prepared and recorded which provides mutual vehicle access and parking privileges between what is shown on the site plan as Tract 1 and Tract 2 prior to the issuance of a building permit. This legal instrument is to run with the land. Councilman Phelps seconded the motion and it carried unanimously. C.4 SITE PLAN: CONSIDER REQUEST OF CENTRE DEVELOPMENT CO. INC. FOR APPROVAL OF A SITE PLAN ON A 4.28 ACRE TRACT OF LAND LOCATED EAST OF SENLAC ON DIPLOMAT DRIVE IN PLANNED DEVELOPMENT 22 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that Centre Development Co., Inc. would like to revise the approved Valwood 20 site plan. The revisions are: 1. An increase in total building area from 93,408 sq. ft. to 98,440 sq. ft. 2. An increase in site coverage from 45.4% to 50%. 3. A decrease in parking provided from 138 to 80. Centre has designated areas for future parking spaces should they be needed. The new plan requires 119 parking spaces per the PD-22 Zoning Ordinance. PD-22 allows variances to the standards as part of site plan approval. Based on the number of employees, 22, Centre Development feels 80 parking spaces will more than meet their tenants' needs. Mayor Dodd further explained that the Planning and Zoning commission, by a 5 to 2 vote, recommends that the site plan be denied. Jon Napper, 4050 Alpha Road, representative for Centre Development was present to answer questions. There followed a discussion concerning the requirement of parking spaces; the variance requested; and of possibly deed restricting the land where more parking spaces would be added if additional offices and employees were added to the site. Vol. 50, Page 42 Councilman Blair made the motion that this item be tabled until the next Council Meeting to allow the preparation of proper legal documents deed restricting the site. The deed restriction will require the tenant to provide additional parking spaces should the tenant require additional employees or should the tenant no longer occupy the building. Councilman Weidinger seconded the motion and all voted "aye". C.5 CONSIDER REQUEST BY CADILLAC FAIRVIEW FOR FINAL PLAT APPROVAL OF PARK WEST PHASE V AND TAKE APPROPRIATE ACTION This item has been withdrawn at the request of the developer. C.6 CONCEPT PLAN: CONSIDER REQUEST OF CENTRE DEVELOPMENT FOR CONCEPT PLAN APPROVAL ON A 376 ACRE TRACT OF LAND DESIGNATED AS PD-50 AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that the applicant is requesting Concept Plan approval for PD-50. Concept Plan approval is required before submission of any site plan. This Concept Plan meets all the requirements of the PD-50 ordinance regarding Concept Plan submissions. Mayor Dodd further explained that the Planning and Zoning Commission, by unanimous vote, recommends that a "Partial District Concept Plan" for this property be approved. This approval includes the area from Luna Road on the west to just beyond "Street E" on the east and the area from I-635 on the south to Valley View Lane on the north and the adjoining property excepting any ROW that's showing on Luna Road and Valley View Lane which is to be held for future decision. The area just east of "Street E", to the eastern property line should be subject to future approval of another "Partial District Concept Plan" at such time the street alignments of that area are agreed upon. Skip Trimble, 4050 Alpha, Suite 1400, representing Centre Development, presented the request to get approval for a district concept plan approved and in addition try to clarify what Centre Development already has. Mr. Trimble reviewed the history of the plans for the development of the property in question. On April 3, 1983, the City Council adopted and approved a preliminary plat that included streets as in the concept plan and in accordance of the 1982 Thoroughfare Plan adopted by the Council. On August 6, 1984, the zoning on this particular property was changed from PD-22 to PD-50 with the previously adopted preliminary plat in place. Mr. Trimble explained that street rights-of-way have been approved for three years and money spent in accordance to that approval. Land use plans were pointed out. Vol. 50, Page 43 Mr. Timble requested the Council to approve the concept plan and the land uses proposed by Centre Development rather than require compliance with the concept plan suggested by Sedway Cooke & Associates. Mike DeGrazier, 4050 Alpha Road, Executive Vice President of Centre Development was also present with Mr. Trimble for comments. There was discussion of whether Centre had previous preliminary plat approval on this property. City Attorney John Boyle made some comments on the meaning of a preliminary plan. Councilman Dunagan made the motion to approve the partial district concept plan as recommended by Planning and Zoning with a second by Councilman Phelps and all voting "aye". Councilwoman Dingman requested a memo from the staff with Centre Development concurring regarding the dates that preliminary plats have been approved by the Council. D.2 CONSIDER AUTHORIZING CHANGE ORDER NO. 1 TO AMEND THE DESIGN CONTRACT WITH CARTER & BURGESS, INC. FOR DESIGN REVISIONS ON VALWOOD PARKWAY AND TAKE APPROPRIATE ACTION Mayor Dodd explained that a modification to the proposed alignment of Valwood Parkway between Bee Street and Albemarle Drive has been deemed necessary by the City Council to minimize the impact to property along the subject project. The design firm of Carter & Burgess prepared the construction plans for this project. They have submitted a proposal in the amount of $9,650.00 to perform the engineering necessary to make the required modifications to the plans. The additional construction costs associated with the realignment are estimated to be $7,500.00. This yields a total estimated cost of $17,150.00 to perform the required alignment modification. Mayor Dodd also explained that the Engineering Department recommends that a change order in the amount of $9,650.00 be authorized to amend the design contract with Carter & Burgess, Inc. City Manager Paul West said there are funds in the original bond issue to cover this expense. Counilman Blair made the motion to authorize Change Order No. 1 to amend the design contract with Carter and Burgess, Inc. for design Vol. 50, Page 44 1 revisions on Valwood Parkway as per the Engineering Department's recommendation. Councilwoman Dingman seconded the motion and all voted "aye" D.3 CONSIDER AWARDING THE BID FOR A REPLACEMENT SIDELOADER REFUSE TRUCK AND BODY FOR THE RESIDENTIAL COLLECTION nTUTGTnM _ Mayor Dodd explained that bids were received for a replacement Sideloader Refuse Truck and Body for the Residential Collection Division (24) on November 6, 1986. The lowest and best bid which met the City's specifications was received from Tarrant Systems, Inc. in the amount of $89,899. Funds are available in Residential Collection Division (24) fiscal year 86/87 budget in the amount of $90,000 for the purchase of this replacement unit. Councilman Phelps moved to award the bid for a replacement sideloader refuse truck and body for the residential collection division to Tarrant Systems, Inc., in the amount of $89,899 as recommended by the Public Works Department. Councilman Weidinger seconded the motion. Councilmen Dunagan, Blair, Phelps and Weidinger voted "aye" and Councilwoman Dingman voted "nay". The motion carried 4 to 1. D.4 CONSIDER AWARDING THE BID FOR GAS, OIL AND DIESEL FUEL FOR FISCAL YEAR 1986-87. Mayor Dodd explained that bids were received for annual supply of Gas, Oil and Diesel fuel. Requests for bids were mailed to 16 vendors, 8 vendors responded with bids and the remaining vendors have ceased to do business. The fleet Maintenance Department recommended that the bid be awarded to Major Brand, Inc., the vendor submitting the low bid meeting specifications. Councilwoman Dingman asked for the total cost. Gene Carlton, Assistant City Manager, 3912 Boise Court, Irving, stated that the low bidder averages 4 to 7 cents less per gallon than we have been paying but he does not have a total cost. The amount will change every week. Mayor Dodd asked that in the future a cost breakdown be presented in comparison to previous year. Councilwoman Dingman moved to award the bid to Major Brand, Inc. as the low bidder meeting specifications for gas, oil and diesel fuel for fiscal year 1986-87. Councilman Phelps seconded the motion and all voted "aye". D.6 CONSIDER COUNCIL TRAVEL REQUESTS AND TAKE THE APPROPRIATE ACTION. Vol. 50, Page 45 J Mayor Dodd explained that this item is placed on the agenda to give the Council members an opportunity to present requests. No Council travel requests were presented. D.7 REVIEW CITY MANAGER'S EMPLOYMENT CONTRACT AND CONSIDER A RESOLUTION RELATING TO SAID CONTRACT AND TO TAKE ALL NECESSARY ACTION TO FUND ANY REQUIREMENTS AND TO EFFECTUATE ANY REQUIREMENTS UNDER SAID CONTRACT. Paul West, City Manager, read a letter he addressed to the Mayor and City Council. Mr. West stated in the letter that he agreed with the Council that now is the time to be placed on paid leave for the duration of his contract. Mayor Dodd read a resolution from the Council. This resolution acknowledged Mr. West's letter placing him on paid leave for the duration of his contract. Mr. West will be placed paid leave effective November 17, 1986 and the contract expires February 28, 1988. The total sum necessary to to be placed in the escrow account to fund the contract to its termination date is $164,856.52 and the funds are available in the additional unanticipated and unappropriated reserve fund. The escrow account to be set up to pay Mr. West will be with the First City Bank where the City has its depository agreement. Judy Byrd, 2980 Eric Lane, stated her personal feelings in comments she made to the Council and Mr. West regarding Mr. West's resignation. George Grimmer, 3040 Eric Lane, expressed his views regarding the resignation of Paul West, City Manager and made various comments to the City Council. Councilmembers Dunagan, Phelps, Blair and Weidinger made personal statements to Paul West, City Manager. Councilman Blair made the motion to accept Paul West's letter to go on leave and to accept Resolution No. 86-038. Councilman Dunagan seconded the motion. Councilmembers Blair, Dingman, Dunagan and Weidinger voted "aye" with Councilman Phelps abstaining. The motion passed. D.7a EMERGENCY ITEM Mayor Dodd explained that this emergency item has been placed on the agenda to appoint an interim acting city manager. Mayor Dodd stated that Mr. Paul West had put forth his recommendation and that Vol. 50, Page 46 recommendation was Gene Carlton. The Mayor went on to explain that Gene Carlton had been with the City of Farmers Branch for fifteen months as Assistant City Manager. Mayor Dodd entertained a motion to appoint Gene Carlton as Acting City Manager. Councilman Dave Blair moved to appoint Gene Carlton as interim Acting City Manager at the recommendation of Paul West for an indefinite period of time. Councilman Bob Phelps seconded the motion. Mayor Dodd explained that it is the understanding and to be for public record that Gene Carlton will be the City Manager and have all the rights and duties of that office with the full support of the City Council and that their vote to be taken would so indicate that pledge. The vote was unanimous. Gene Carlton would begin his new position November 18, 1986. D.8 CITIZEN PARTICIPATION. There were no requests from the audience for citizen participation. F.1 ADJOURNMENT. Councilman Dave Blair moved to adjourn with Councilman Bob Phelps seconding the motion and all voting "aye". The City Council meeting of November 17, 1986 adjourned at 9:14 P.M. yor John Dodd City Secretar Vol. 50, Page 47