Loading...
1987-02-02 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 02/02/87 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 Dave Blair Carol Dingman Bob Phelps Herb Weidinger The following members of the City Administration were present: Acting City Manager Gene Carlton Assistant City Manager Steve Carpenter Assistant to the City Manager Ruth Ann Parish City Attorney John Boyle City Secretary Randall Mahaffey Director of Parks & Recreation John Burke Director of Community Services Tom Scales Director of Public Works Earl Deland Traffic Engineer Larry Cervenka City Engineer Jerry Murawski Mayor Dodd called the City Council Meeting of 02/02/87 to order at 7:29 p.m. The meeting was televised. A.1 INVOCATION Councilman Bob Phelps gave the invocation and led the Pledge of Allegiance. A.2 CONSIDER DONATION OF PHOTOGRAPH AND SMALL DRESSER AND TAKE APPROPRIATE ACTION. John Burke, Director of Parks and Recreation, explained that Mr. & Mrs. Howard Dennis, of Farmers Branch, wished to donate a circa Vol. 51, Page 35 1908 photograph of a Farmers Branch baseball team, and a circa 1910 small dresser to the Farmers Branch Historical Park. The photograph is valued at $25.00 and the dresser is valued at $100.00. Councilman Blair made the motion to accept the picture and the dresser donated to the Farmers Branch Historical Park by Mr. and Mrs. Dan Dennis. Councilwoman Dingman seconded the motion and all voted "aye". A.3 PRESENTATION OF PROCLAMATION OF PROCLAIMING MONTH OF MARCH AS NATIONAL NUTRITION MONTH. Mayor Dodd explained that this item has been placed on the agenda at his request and that of the Dallas Dietetic Association. The Dallas Dietetic Association has requested that the month of March be proclaimed National Nutrition Month in the City of Farmers Branch. A motion by Councilman Dunagan, a second by Councilman Weidinger, all voting "aye", proclaimed the month of March as National Nutrition Month in the City of Farmers Branch. A.4 PRESENTATION OF CERTIFICATE OF APPRECIATION TO MI .-MmRc Mayor Dodd explained that this item has been placed on the agenda at his request because of a letter from Mike Jones requesting some safety suggestions for the city. Mayor Dodd introduced the President of the Student Council at William L. Cabell Elementary, Mike Jones, who notified the Mayor by letter and requested that the safety school zones be extended on Valley View Lane near Belfield, and brought to the Council's attention some other safety factors such as the walkway condition. These safety zones have been extended and the ordinances amended to include the extensions. Also, the walkways have been inspected and were found to need repair which has been scheduled. Mayor Dodd presented Mike Jones with a certificate of appreciation plaque for his initiative to present these concerns to the city. A.5 PRESENTATION OF SERVICE AWARDS Mayor Dodd presented Dwight Tutton of the Police Department with a 15 year employee service award. Mayor Dodd presented Lt. Donnie Davis of the Fire Department with a 10 year employee service award. Mayor Dodd presented Charles Cancellare of the Parks and Recreation Department with a 5 year employee service award. Vol. 51, Page 36 A.6 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 a board application to the City Council. 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 con- sent items is being established in order to speed up discussion for those items that need more time for discussion. Councilman Dunagan stated that during the Study Session the City Council discussed the agenda, and the council discussed adding Items C.5, C.7, D.3, D.4, D.5 and D.8 to the Consent Agenda and Councilman Dunagan moved to place these items on the Consent Agenda. Councilman Blair seconded the motion and all voted "aye". Councilman Blair made the motion to approve the following Consent Agendaitems with the additions. Councilman Weidinger seconded the motion and all voted "aye". B.1 APPROVED MINUTES OF REGULAR MEETING OF JANUARY 19, 1987. B.2 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR LIMESTONE SCREENINGS FOR THE WATER MAIN REPLACEMENT PROGRAM. B.3 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR ONE YEAR'S SUPPLY OF WATER METERS FOR THE PUBLIC UTILITIES DEPARTMENT. B.4 ACCEPTED FROM CENTRE DEVELOPMENT COMPANY, INC., TWO WATER LINE EASEMENTS CONTAINING EXISTING FACILITIES ON LOT 4A, BLOCK 6 VALWOOD PARK FARMERS BRANCH PHASE II. B.5 AUTHORIZED THE EXECUTION OF A DEVELOPER'S CONTRACT WITH FARMERS BRANCH CHURCH OF CHRIST FOR FARMERS BRANCH CHURCH OF CHRIST ADDITION, PROPERTY LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND WEBB CHAPEL ROAD. B.6 APPROVED FINAL PLAT OF FARMERS BRANCH CHURCH OF CHRIST Vol. 51, Page 37 ADDITION. C.5 APPROVED 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 C.7 APPROVED REQUEST BY GOODWILL INDUSTRIES TO EXTEND APPROVAL FOR AN ATTENDED COLLECTION CENTER ON THE SOUTHEAST CORNER OF VALLEY VIEW LANE AND JOSEY LANE. D.3 APPROVED RESOLUTION NO.87-005 SUPPORTING THE ANTI- CRIME PACKAGE PRESENTED TO THE 70TH SESSION OF THE TEXAS LEGISLATURE. D.4 APPROVED ORDINANCE NO. 1676 ESTABLISHING A 20 MPH SCHOOL SPEED LIMIT ON VALLEY VIEW LANE FROM A POINT 360 FEET EAST OF BROOKHOLLOW DRIVE TO A POINT 84 FEET WEST OF THE INTERSECTION OF VALLEY VIEW AND TEMPLETON TRAIL. THE CAPTION AS FOLLOWS: "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1210 SECTION 3 BY PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY." D.5 APPROVED ORDINANCE NO. 1675 ESTABLISHING A 20 MPH SCHOOL SPEED LIMIT ON VALWOOD PARKWAY FROM THE INTERSECTION OF STARDUST LANE TO THE INTERSECTION OF IVANWOOD. THE CAPTION AS FOLLOWS: "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1210 SECTION 3 BY PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY." D.8 ADOPTED RESOLUTION NO. 87-004 TO PROVIDE FUNDING FOR ADDITIONAL SIGNALIZATION AT THE MISSOURI, KANSAS & TEXAS RAILROAD CROSSING ON VALWOOD PARKWAY. C.1 CITY MANAGER REPORTS. Acting City Manager Gene Carlton gave an informative report on the programs, projects and happenings of the various departments of the city. C.2 PUBLIC HEARING: CONSIDER REQUEST FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE TO PROHIBIT THE PERMANENT OR TEMPORARY LOCATION, PARKING, STORAGE, OR OPERATION OF ANY CAR RENTAL, LIMOUSINE SERVICE OR ANY OTHER SIMILAR COMMERCIAL USE FROM ANY AREA OF THE CITY Vol. 51, Page 38 ZONED FOR RESIDENTIAL USES AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that this amendment has been prepared at the request of the Planning and Zoning Commission. It prohibits the parking or storage of commercial vehicles in residential areas. The Planning and Zoning Commission recommended that this amendment to the Comprehensive Zoning ordinance be approved. Mayor Dodd opened the Public Hearing. Mr. Donald P. Casey, 3255 Whispering Oak, Dallas, came forward representing the Oakbrook Community Services Association to express their support for this amendment to the Comprehensive Zoning Ordinance. There were 9 hands raised from persons in the audience that were in support of this amendment. Since no one else was present to speak on this item. Councilman Blair made the motion to close the Public Hearing. Councilman Phelps seconded the motion, and all voted "aye". After some consideration a motion by councilman Blair, a second by Councilman Weidinger, all voting "aye", adopted the following captioned Ordinance No.1674: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH HERETOFORE AMENDED: BY AMENDING ARTICLE 8, USE REGULATIONS DISTRICT, SECTION 8-100, TO PROHIBIT THE PERMANENT OR TEMPORARY LOCATION, PARKING, STORAGE, OR OPERATION WHETHER FROM INSIDE OR OUTSIDE ANY BUILDING STRUCTURE, OR ANY CAR RENTAL, LIMOUSINE SERVICE OR ANY OTHER SIMILAR COMMERCIAL USE WITHIN ANY AREA OF THE CITY ZONED FOR RESIDENTIAL USES OF ANY TYPE OR COMBINATION, TO INCLUDE SINGLE-FAMILY DETACHED DWELLINGS, SINGLE-FAMILY ATTACHED DWELLINGS, MULTI-FAMILY DWELLINGS AND/OR CONDOMINIUM DWELLINGS; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND, DECLARING AN EMERGENCY. C.3 PUBLIC HEARING: CONSIDER REQUEST FOR AN AMENDMENT TO ORDINANCE 1652, SAME BEING AN AMENDMENT TO THE CITY'S COMPREHENSIVE ZONING ORDINANCE, BY AMENDING SECTION 8-400-5 RELATIVE TO THE SALE OF ALCOHOLIC BEVERAGES WITHIN A RESTAURANT LOCATED IN A HOTEL; BY AMENDING SECTION 8-400-20 DEALING WITH THE OPTION TO OPERATE WITH EITHER A PRIVATE CLUB PERMIT OR A MIXED BEVERAGE PERMIT AND THE NECESSITY TO COMPLY WITH ALL REPORTING REQUIREMENTS AND TAKE APPROPRIATE ACTION. Vol. 51, Page 39 Mayor Dodd explained that at the request of the City Council, the Alcohol Zoning Ordinance Committee has reviewed those sections of Ordinance 1652 that pertain to restaurants within hotels and made a recommendation in the form of an amending ordinance. Included in this amending ordinance is a provision to permit existing private clubs to operate with a mixed beverage permit provided certain conditions are met. C The Planning and Zoning Commission recommends this amendment to Ordinance 1652 be approved subject to the following conditions: 1. The private club be required to notify the City that it will be operating with a mixed beverage permit. 2. The restaurant management, bartenders and everyone involved in the service of alcoholic beverages be required to attend an Alcohol Awareness Program when an existing private club begins operating under a mixed beverage permit. Mayor Dodd opened the Public Hearing. No one came forward to speak on that particular agenda item. Councilman Weidinger made the motion to close the Public Hearing. Councilman Phelps seconded the motion. All voted "aye". Councilman Phelps asked Calla Davis, member of the Alcohol Ordinance Committee, if this amendment applied only to those private clubs or restaurants that already have a private club license and decide to go to a mixed beverage license. Calla Davis, 2828 Selma, came forward and stated that this amendment will allow the private clubs already in use that want to go to mixed beverage to do so. Councilman Weidinger made the motion to amend the following captioned ordinance 1652 by adopting ordinance No. 1677. Councilwoman Dingman seconded the motion and all voted "aye". "AN ORDINANCE AMENDING ORDINANCE NO. 1652, SAME BEING AN AMENDMENT TO THE CITY'S COMPREHENSIVE ZONING ORDINANCE, BY AMENDING SECTION 8-400-5 RELATIVE TO THE SALE OF ALCOHOLIC BEVERAGES WITHIN A RESTAURANT LOCATED IN A HOTEL; BY AMENDING SECTION 8-400-13 RELATIVE TO THE ALCOHOL AWARENESS PROGRAM REQUIREMENT; BY AMENDING SECTION 8-400-20 DEALING WITH THE OPTION TO OPERATE WITH EITHER A PRIVATE CLUB PERMIT OR A MIXED BEVERAGE PERMIT AND THE NECESSITY TO COMPLY WITH ALL REPORTING REQUIREMENTS; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED Vol. 51, Page 40 COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE." C.4 PUBLIC HEARING: CONSIDER REQUEST OF FERRELL COMPANIES INC. FOR A ZONING CHANGE FROM PLANNED DEVELOPMENT NO. 14 TO A PLANNED DEVELOPMENT DISTRICT ALLOWING A MORE DENSE OFFICE DEVELOPMENT WITH RETAIL USES ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF LBJ FREEWAY AND JOSEY LANE AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that the applicant is requesting approval of a Planned Development District allowing Office and Retail uses, a floor to area ratio of 2.5 to 1, a total build out of 965,920 square feet, and a height of 8 stories. The applicant is also requesting approval of a site plan for this development. The Planning and Zoning commission recommended that this request be approved subject to certain conditions. Mayor Dodd opened the public hearing. Jim Wassberg, One Liberty Plaza, Liberty, Missouri, came forward representing Ferrell Companies, Inc. Mr. Wassberg was present to request a zoning change from Planned Development No. 14 to a Planned Development District on property located at the northeast corner of LBJ Freeway and Josey Lane. Mr. Wassberg described the proposed building designs and surface area designs of the project. The buildings will be seven stories tall and designed to be built in three stages. Mr. Wassberg stated that he and City Staff feel the traffic improvements the developers will make will adequately serve this project. The traffic improvements will be done with Phase I of the project. This project was submitted to Sedway Cooke and Associates. Their suggestions and comments were incorporated into the plans. Mr. Wassberg had two comments regarding the Planning and Zoning Commission's conditions placed on this project approval: (1) The developer has no objection to constructing the exclusive right turn lane from Maybrook onto Webb Chapel. It is their understanding that the right of way would be provided by that property owner or the City. They have no right of condemnation. (2) The conditions submitted by the Planning and Zoning Committee stated "the above mentioned improvements in Phases II & III shall be complete before a building permit is issued...", Mr. Wassberg stated they understood that would be an occupancy permit. Vernon Smith, 2715 Bay Meadows Circle, lives in the area of the proposed development. Mr. Smith expressed concern that there will not be a buffer between the development and the surrounding homeowners. Not having a buffer will affect the property value of the homeowners directly behind the development. Vol. 51, Page 41 Cheryl Howerton, 3657 Morningstar, came forward speaking against the development. She feels the rezoning of the property would hurt the integrity of the neighborhood. No one else was present to speak on this item. Councilman Weidinger made a motion to close the Public Hearing. Councilman Phelps seconded the motion and all voted "aye". Councilwoman Dingman stated she was surprised to hear Mr. Wassberg's comments that Sedway Cooke's suggestions had been incorporated into the planned project. She read from Sedway Cooke's writings in the Draft Comprehensive Plan where Sedway Cooke stated that intensified use of this property should be limited so that traffic congestion in the vicinity would be minimized. The Comprehensive Plan also suggests a terraced effect of the buildings from the neighborhoods to LBJ Freeway. Councilman Blair stated that it is tempting to go with this project in view of the traffic improvements the developer is planning to make; however, he agreed that it was very surprising that Sedway Cooke would review the project and give his approval, when it is in direct conflict with his plan. Councilman Weidinger asked Mr. Wassberg when he would be planning to start project. Mr. Wassberg stated three years from now. When Councilman Weidinger asked Mr. Wassberg why the Council was being asked to approve something that would not begin for three years, Mr. Wassberg said it was due to State involvement to get approval for work done on the frontage property on both sides of the freeway. Also, there are two existing buildings there that would have to be vacated in an orderly fashion. Councilman Weidinger stated he could not support the density of the project in that particular area. Councilman Dunagan stated he is against putting eight story buildings in that area even though the Comprehensive Plan supports that. Councilman Phelps also feels the eight story buildings would be too dense for that area. Councilwoman Dingman made the motion to deny the request of Ferrell Companies, Inc. for a zoning change from Planned Development No. 14 to a Planned Development District allowing a more dense office development located at the northeast corner of LBJ Freeway and Josey Lane. Councilman Blair seconded the motion and all voted "aye". C.6 CONSIDER REQUEST OF FARMERS BRANCH CHAMBER OF COMMERCE TO SET THE DATE AND SITE OF THE FOLKLORE FESTIVAL FOR 1987. Vol. 51, Page 42 Mayor Dodd explained that this item has been placed on the agenda at the request of Janie Scarbrough, President of the Farmers Branch Chamber of Commerce. Janie Scarbrough, 3426 Brockway, came forward representing the Farmers Branch Chamber of Commerce. Ms. Scarbrough requested that June 13, 1987 be approved as date to hold the Folklore Festival in the City of Farmers Branch at the Historical Park. Neither the Historical Board nor the Parks and Recreation Board have a problem with this date. Councilman Blair made the motion to approve June 13, 1987 as the date to hold the Folklore Festival as recommended by the Farmers Branch Chamber of Commerce. Councilman Dunagan seconded the motion and all voted "aye". C.8 CONSIDER REQUEST FROM VERNON SMITH TO DISCUSS ITEMS RELATING TO INTEREST OF BOND FUNDS; CITY CHARTER REVISION; AND, SINGLE MEMBER DISTRICTS, AND TAKE THE APPROPRIATE ACTION. Mayor Dodd explained that Mr. Vernon Smith has requested to be placed on the agenda for discussion with the members of the City Council. Vernon Smith, 2715 Bay Meadows Circle, stated that, due to the limited time to speak, he would only speak relating to the interest on bond funds. Mr. Smith stated that the City is losing money on the bond monies deposited in the banks. He stated the city needs to be using that bond money on the Capital Improvement Projects. He said the City is borrowing money at 7.9, and only getting 6.9% interest on the money deposited. J. C. Hall of First Southwest Company came forwi the reasoning behind the timing of bond sales. true that the interest rate for buying bonds is interest rate you can invest the bond money at. that it was not appropriate to compare the long rate to the short term investment rate. ird to comment on He stated it is higher than the Mr. Hall explained term debt service Councilwoman Dingman asked Acting City Manager Gene Carlton if the Staff has a list of the Capital Improvement Project priorities that the $29 Million dollars in the banks will be spent on. Gene Carlton said the Staff does not have such a list. The list of priorities for Capital Improvement Projects will be available by the latter part of February commented Gene Carlton. This list will be ready for review by the first Study Session in March. Randall Mahaffey, Director of Finance, gave a report on the status of the bond money that has been invested. Vol. 51, Page 43 C.9 PRESENTATION OF STATUS REPORT ON EXTERIOR TREATMENT OF THE SENIOR ADULT ACTIVITY CENTER AND TAKE ANY NECESSARY ACTION. Councilman Dunagan said the City is considering filing a lawsuit against the manufacturer of the exterior panels of the Senior Adult Activity Center which are cracking. The City Attorney is looking into this possibility. Councilwoman Dingman moved that this item be tabled until the next Council Meeting so that more information may be gathered. Councilman Weidinger seconded the motion and all voted "aye". EMERGENCY ITEM DDECLARED. Mayor Pro Tem John Dunagan requested that the following Emergency Item be added to the agenda. C.10 CONSIDER APPROVING SCHEMATIC DESIGN DOCUMENTS OF THE CITY HALL AND TAKE THE APPROPRIATE ACTION. Councilman Dunagan made a motion declaring an emergency and added item No. C.10 to the agenda. Councilman Blair seconded the motion and all voted "aye". Councilman Weidinger made the motion to approve the schematic design documents of the City Hall as presented in the Study Session by F & S Architects. Councilman Phelps seconded the motion and all voted "aye". D.1 CONSIDER AN ELECTION ORDER FOR THE APRIL CITY COUNCIL ELECTION AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that on April 4, 1987 an election for City Council Places 1, 3, and 5 will be held at the Farmers Branch Manske Library, 13613 Webb Chapel. The hours for the election will be from 7:00 A.M. to 7:00 P.M. Absentee voting will be held in the office of the City Secretary beginning March 16, 1987 and ending March 31, 1987. The hours will be 8:00 A.M. to 5:00 P.M., Monday through Friday. Councilman Phelps made the motion to approve the election order the calling the City Council election for April 4, 1987 from 7:00 A.M. to 7:00 P.M. and to be held at the Farmers Branch Manske Library for Council Places 1, 3 and 5. Councilman Dunagan seconded the motion and all voted "aye". D.2 CONSIDER ADOPTION OF VAN POLICY PROPOSED BY PARK & RECREATION BOARD. Vol. 51, Page 44 Mayor Dodd explained that the Parks & Recreation Board was asked to submit a van policy for the transportation program at the Senior Adult Activity Center. The Senior Adult Advisory Council, along with the City Staff, reviewed the policy and submitted recommendations to the Park & Recreation Board. Bill Glancy, 3808 Wooded Creek, came forward to speak on this item. Mr. Glancy stated he does not think the City should start a transportation program and possibly not be able to keep up with that program as the number of retired persons increases drastically over the next several years. Carol Dorn, 2914 Maydelle Lane, stated that she is against taking any action on the van policy at this time and she agrees with Bill Glancy's statements; also, consideration of this policy should be postponed until after the April elections so it will not become a political football. Diann Pyle, 13111 Glenside Drive, feels the van should be used for all ages and not just for the Senior Adult Activity Center. Vernon Smith, 2715 Bay Meadows Circle, spoke on the possible expenses of having the van. The insurance would be tremendously high. The upkeep and paying a driver could get expensive. Also, only one third of the people using the Senior Adult Activity Center are residents of Farmers Branch. Judy Byrd, 2980 Eric Lane, came forward and stated she has worked with the Senior Citizens of Farmers Branch for fourteen years. She feels the City is very fair to their senior citizens. She asked if the staff had surveyed the community to see if the citizens feel this service is needed. John Burke, Director of Parks and Recreation, came forward and stated that two different surveys over the past four years had been taken; however, he did not recall the results of these surveys. Judy Byrd asked if the City is receiving any requests from senior citizens for rides. John Burke said no such requests have been received by his staff. Judy Byrd asked how the handicapped senior citizens would be transported since the van would not be equipped with a lift. Councilwoman Dingman stated that the reason the City van would not be equipped for the handicapped with a lift is two fold: (1) The lift takes up two or three seat spaces making the 15 passenger van now a 12 or 13 passenger van. (2) The City has the DART HandiRide van available and equipped for the handicapped. Vol. 51, Page 45 Councilwoman Dingman, who is the Council liaison person with the Office on Aging, stated that the monthly reports from that office show that requests for transportation is the major problem coming from the senior citizens to the office on Aging. Councilman Blair commented that the rough draft of the van policy indicates that the van would be only one form of transportation to be used when any other transportation was not available such as buses, volunteers, etc, and is not meant to take the place of all the other forms of transportation available to the senior citizens. The van would be available for activities for both the Senior Adult Activity Center or the Recreation Department and other Parks and Recreation Department activities. Councilman Dunagan said he feels the van should be for all segments of the community and not just for the seniors. Councilman Dunagan felt that the way the van policy is written makes it sound like the van would be just for the seniors. Councilman Weidinger stated he feels the use of the van as described in the policy should be expanded and distributed to more segments of the community. Councilman Weidinger stated the draft of the van policy does not have the van usage described as the Council had initially discussed. Councilman Phelps suggested that church buses that are not used at all times may possibly be used in transportation programs. Councilman Blair made the motion to return the item to the staff and ask the staff to have the Parks and Recreation Board, the Parks and Recreation Department and the Senior Adult Advisory Council rewrite the van policy in rough draft and take as much time as is necessary. Councilman Dunagan seconded the motion and all voted "aye". D.6 CONSIDERATION OF AN ORDINANCE DESIGNATING CERTAIN RETAIL AND SERVICE ESTABLISHMENTS, PUBLIC BUILDINGS, AND FOOD SERVICE ESTABLISHMENT AS NON SMOKING AREAS; AND PROVIDING RULES AND PROCEDURES FOR IMPLEMENTATION AND ENFORCEMENT AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that this ordinance has been prepared at the request of the City Council and is similar to the ordinances adopted by Dallas and Addison. Councilwoman Dingman asked who would enforce this ordinance. Tom Scales, Director of Community Services, explained that the City would enforce the ordinance on a complaint basis. If a complaint was received by the City, the City would investigate the complaint and enforce the ordinance. Otherwise, it would be the Vol. 51, Page 46 responsibility of the manager of the establishment to enforce the ordinance. A motion Councilwoman Dingman, a second by Councilman Blair, all voting "aye", adopted the following captioned Ordinance No. 1679: "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, DESIGNATING CERTAIN RETAIL AND SERVICE ESTABLISHMENTS, PUBLIC BUILDINGS AND FOOD SERVICE ESTABLISHMENTS AS NONSMOKING AREAS; PROVIDING SIGN REQUIREMENTS; PROVIDING MINIMUM STANDARDS FOR NONSMOKING AREAS; REQUIRING WRITTEN POLICIES IMPLEMENTING THIS ORDINANCE; PROHIBITING SMOKING IN DESIGNATED NONSMOKING AREAS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE." D.7 CONSIDER ORDINANCE NO. 1655 AND RESOLUTION NO. 86-32 REGARDING INCREASED PERMIT FEES FOR FOOD ESTABLISHMENTS AND OTHER AMENDMENTS TO THE CODE REGULATING FOOD ESTABLISHMENTS AND TAKE APPROPRIATE ACTION. Councilman Blair moved that this item be tabled until the next Council Meeting as was discussed in the Study Session. Councilman Dunagan seconded the motion and all voted "aye". D.9 CONSIDER AWARDING THE BID FOR IRRIGATION SUPPLIES FOR THE PARKS DIVISION AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that this item has been placed on the agenda to consider awarding bids for irrigation supplies for the Parks and Recreation Dept. Notice was sent to five (5) vendors. We received three (3) bids back. The total of low bids is $17,311.42. There was $20,000 budgeted. The Parks and Recreation Department recommends acceptance of low bids meeting specifications. 1. Dallas Piping/Hydrotex for items: 6,7,8,9,69,70,76,128,129, 133,134,135 - in the amount of $4,823.47. 2. Wickham Supply for the remaining 123 items - in the amount of $12,487.95. Councilman Blair made the motion to award the bid for irrigation supplies to Dallas Piping/Hydrotex in the amount of $4,823.47 and to Wickham Supply in the amount of $12,487.95 as recommended by the Parks and Recreation Department. Councilman Weidinger seconded the motion and all voted "aye". Vol. 51, Page 47 D.10 CONSIDER AWARDING THE BID FOR FERTILIZERS FOR THE PARKS AND AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that notice was sent received five (5) bids back. The total o There was $103,300 budgeted for chemicals 1986-87 budget. CHEMICALS AND RECREATION DEPARTMENT to seven (7) vendors. We f low bids is $67,236. and fertilizers in the The Parks and Recreation Department recommends acceptance of low bids meeting specifications. 1. HARPOOL SEED INC. - for items #1,2,6,8,12,13,20,21,27,30,31, in the amount of $38,668.64. 2. JAMES LINCOLN - for item #17 in the amount of $9,598.50. 3. VAN WATERS & ROGERS -for items #3,4,7,9,10,15,16,18,19,24,25, 26,28,29, in the amount of $14,573.69. 4. ESTES CHEMICALS,INC.-for items #11,14, in the amount of $4,395.00. 5. NO BIDS WERE RECEIVED FOR ITEMS #5,22,23,and 32. Councilman Phelps pointed out that on item 6 there was a typographical error. Councilman Phelps made the motion to award the bids for chemicals and fertilizers as recommended by the Parks and Recreation Department to the low bidders with the exception of Item 6 (Diazinon) if there is not a typographical error the bid would be awarded to the low bidder. Councilman Weidinger seconded the motion and all voted "aye". D.11 CONSIDER AUTHORIZATION TO RETAIN A SEARCH FIRM FOR A CITY MANAGER AND TAKE THE APPROPRIATE ACTION. Mayor Dodd explained that this item has been placed on the agenda as directed from the last Council meeting from Mayor Dodd. Cynthia Nolen, 12220 Brisbane, came forward to state she feels acquiring a search firm is the best way to hire a new City Manager. She feels this would be a small investment in the future of the city. Councilman Dunagan stated he has a problem with hiring a search firm at this time and should consider hiring from within. Councilman Dunagan feels the City could also look locally for the replacement prior to hiring a firm and spending the money at this time. Mayor Dodd commented that the Council does need to look within and with this approach all staff members will have the ability to apply and offer their talents, training and knowledge. With a third party involved, meaning the consultant, this can help the Council. The consultant has stated that he would help in setting up performance criteria from a professional standpoint to evaluate a Vol. 51, Page 48 city manager. The consultants will establish professional criteria for what we want in a city manager: -it takes the subjectivity out of it and puts objectivity in the process. Mayor Dodd continued that this city is moving in such a fast pace, we do not have time for someone to be trained on the job to see if he can do the job. Mayor Dodd pointed out that the appointment would not take place until after the election because of the time and the process that's involved which would carry it well pass the election. Mayor Dodd added that the references are to be checked out by the members of the Council, and also that if the appointment for some reason does not work out, the firm will help us with another appointment. Mayor Dodd stated that Jerry Oldani would be at the next study session to discuss the contract. Councilman Blair stated it was the consensus of the Council during the morning Study Session to consider Jensen-Oldani as the search firm and made the motion to proceed with informing Jensen-Oldani that the majority of the Council wanted their company to draw up a contract and bring it back to the next Council Meeting. Prior to that meeting the Council would continue checking references of Jensen-Oldani. Councilwoman Dingman asked to amend the motion to include a couple of things that should be in the contract: (1) that the search firm report on a regular basis to the Council about every two weeks in written form of their progress; and, (2) that to put a cap on the contract of $20,000. Councilman Blair accepted the amendment. Councilwoman Dingman seconded the motion and Councilmen Blair, Phelps and Weidinger and Councilwoman Dingman voted "aye". Councilman Dunagan voted "nay". The motion passed 4 to 1. Councilman Phelps agreed that the Council should consider hiring from within, but under the circumstances, the Council needs help with this selection. Councilman Blair commented that the search firms all said they would be open and agreeable to interviewing and considering people applying from within. D.12 CONSIDER COUNCIL TRAVEL REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Dodd explained that this item is placed on each agenda to give the Council members an opportunity to present requests. No Council travel requests were presented. D.13 CITIZEN PARTICIPATION. Carol Dorn,=2914 Maydell, stated she would like to see a regular citizen involved in working on the van policy. The Council Vol. 51, Page 49 appointed Carol Dorn as a member of this group writing the van policy. Judy Byrd, 2980 Eric Lane, came forward to comment on several items. She has been surprised that non-residents of Farmers Branch are coming forward and telling the City how to spend the City money. Judy Byrd also commented that the City would not accept Federal funds for a lunch program for the senior citizens when the City would accept state allocated Federal funds to build the building in the first place. Judy Byrd requested that she would like to see some beautification improvements started on Austell Parkway. Judy Byrd feels the City should give the government back the money used to build the Senior Adult Activity Center so the government can not have a say in anything relating to the center. Councilman Glancy came forward and said when the government sent the city an application for the money they had several restrictions which the City crossed out and sent back. What the City finally agreed to gave the government a lot less ties on the usage of the facility than what the application said in the beginning. Mayor Dodd said the Council would get the original application for the grant and consider paying back the money so there would be no federal ties on the Senior Adult Activity Center. Councilwoman Dingman suggested that the City Attor grant and advise the Council on the feasibility of back. Vernon Smith, 2715 Bay Meadows Circle, agreed with we should survey the citizens or check back to the have been taken and see if the citizens feel there for the van. aey read the paying the grant Judy Byrd that surveys that is really a need Mr. Smith said he hopes the City does not have any of the same problems when building the new City Hall as have been experienced with the Senior Adult Activity Center building. Mr. Smith reported that at the northeast corner of Josey Lane and LBJ there is a curb missing at the entrance of the City and requests the City to fix it. Mayor Dodd stated that on Villa Creek there is a serious drainage problem and there have been a lot of accidents reported. Mr. Smith feels the City has a potential law suit at the Fyke Road, Cooks Creek project. It is a narrow wall straight down and boys Vol. 51, Page 50 are riding their bicycles down the wall. Possibly something could be done to prevent the children from being able to ride bikes down the wall. Jim Wassberg, Ferrell Companies, Inc., came forward requesting that the denial of the zoning change be made without prejudice so there will not be an 18 month holding period. AGENDA ITEM C. 4 RECONSIDERED. Councilman Blair made the motion to reconsider Item C.4. Councilman Weidinger seconded the motion and all voted f1aye". Councilman Blair made the motion that Item C.4 request be denied without prejudice. Councilwoman seconded the motion and all voted "aye". Councilman Dunagan stated he would like to see substantial changes made when the item was brought back before the Council, especially in regards to the height of the buildings. 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 APPOINTMENTS TO THE INDUSTRIAL DEVELOPMENT CORPORATION BOARD OF DIRECTORS. B. DISCUSS APPOINTMENT OF PRESIDING JUDGE AND ALTERNATE PRESIDING JUDGE FOR APRIL CITY COUNCIL ELECTION. C. DISCUSS APPOINTMENT TO THE FARMERS BRANCH HOSPITAL AUTHORITY BOARD. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. L Vol. 51, Page 51 A motion by Councilman Weidinger, a second by Councilman Dunagan, all voting "aye", ratified the appointment by the City of Carrollton of Jesse R. Woody to the Farmers Branch Hospital Authority Board of Directors for a term to expire December, 1987. The motion carried with Councilmembers Weidinger, Dunagan, Dingman, and Phelps voting "aye", and Councilman Blair abstaining. A motion by Councilman Dunagan, a second by Councilman Phelps, all voting "aye", appointed Bill Morgan as Election Judge for the April 4 City Council Election. A motion by Councilman Phelps, a second by Councilman Weidinger, all voting "aye", reappointed the following to the Industrial Development Corporation Board for a two year term: Jack M. Colbert Mel Bailey Bill Binford Jack Shaw Steve Beckham F.1 A motion by all voting 10:25 P.M.. 1 ADJOURNMENT. Councilman Weidinger, a second by Councilman Phelps, "aye", adjourned the February 2 City Council meeting at Ma J n Dodd O City Secret (~b a VW KGs L JI Vol. 51, Page 52