1987-12-07 CC MinutesCITY OF FARMERS BRANCH
CITY COUNCIL
REGULAR MEETING
12/07/87
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
Bob Phelps
John Dunagan
Calla Davis
Dave Blair
Herb Weidinger
The following members of the City Administration were present:
City Manager
Richard L. Escalante
Assistant City Manager
Steve Carpenter
Assistant City Manager
Gene Carlton
City Attorney
John Boyle
City Secretary
Ruth Ann Parish
Director of Community Services
Tom Scales
Traffic Engineer
Larry Cervenka
City Engineer
Jerry Murawski
Director of Parks & Recreation
John Burke
Police Chief
Roger Robbins
Director of the Library
Betty Kelley
Recording Secretary
Julie Parker
Mayor Dodd called the City Council
Meeting of 12/07/87
to order at 7:32 p.m. The meeting
was televised.
A.1 INVOCATION
Councilman Weidinger gave the invocation and led in the Pledge
of Allegiance.
BETTY KELLY, DIRECTOR OF THE LIBRARY, CAME FORWARD WITH A
PROMOTION for signing up for Library cards. She introduced
"Big Foot" who helped her make the presentation.
A.2 DONATIONS TO THE HISTORICAL PARK.
Vol. 54, Page 41.
Mayor Dodd explained that the following artifacts were donated
to the City for use at the Historical Park by Joann Sprague,
Eddie Smith and Jerry Wilcox.
Joann Sprague: 1 milk can; 1 railroad water can; 1 sack
square nails; 1 cowbell; and 1 pair horse
hames.
Eddie Smith: 1 ice tongs; 2 pairs horse hames; 1 grist
wheel; and 1 horse shoe.
Jerry Wilcox: 1 plate ca. 1880; 1 glass dish ca. 1890;
1 square dish early 20th century; and
1 cookbook 1901.
John Burke, Director of Parks and Recreation, came forward and
presented these to the City Council to be used at the
Historical Park as recommended by the the Historical
Preservation & Restoration Board at their meeting on November
17.
Councilman Blair moved to accept these artifacts donated by
Joann Sprague, Eddie Smith and Jerry Wilcox for use at the
Historical Park. Councilwoman Davis seconded the motion and
all voted "aye".
A.3 PRESENTATION OF DONATION OF BULLET PROOF VEST TO THE
POLICE DEPARTMENT BY DON HARTMANN.
Mayor Dodd explained that Councilman Weidinger is making the
presentation of the bullet proof vest on behalf of Don
Hartmann.
Councilman Weidinger presented the bullet proof vest to the
Police Chief, Roger Robbins.
Councilman Phelps moved to accept the donation of the bullet
proof vest donated to the Police Department by Don Hartmann.
Councilwoman Davis seconded the motion and all voted "aye".
A.4 RECOGNITION OF SERVICE OF REPRESENTATIVE FOR FARMERS
BRANCH ON THE DART BOARD OF DIRECTORS.
Mayor Dodd explained that in recognition of service, a
certificate of appreciation has been prepared for former DART
Board representative for the city, Mr. Bob Thomas, who served
on the Board from July, 1985 to September, 1987.
Mr. and Mrs. Thomas came forward to receive the plaque of
appreciation presented to Mr. Thomas by Mayor Dodd.
Mr. Thomas thanked the Mayor and City Council for their
Vol. 54, Page 42.
support during his service as the representative for Farmers
Branch, Carrollton and Addison on the DART Board.
A.5 RECOGNITION OF SERVICE OF CHAIRMAN OF THE THE NEIGHBOR-
HOOD CRIME WATCH PROGRAM.
Mayor Dodd explained that in recognition of service, a
certificate of appreciation has been prepared for former
Neighborhood Crime Watch Chairman, Erick Hanner. Mr. Hanner
served as Chairman from 1985 to 1987.
Mr. Hanner and his family came forward and Mayor Dodd
presented Mr. Hanner with the plaque and thanked him for the
time he has given to the Crime Watch Program.
Mr. Hanner stated that Mr. Charles McAdams, who is on the
faculty at Brookhaven College, will be taking over as Director
of the Crime Watch Program to be assisted by Ruth Lee who came
into the program by being a victim of crime herself.
A.6 PRESENTATION OF INVITATION TO THE AAUW HOLIDAY HOME
TOUR.
Mayor Dodd explained that a representative from the AAUW
(American Association of University Women) was present to
extend an invitation.
Sheila Guizh, President of the Farmers Branch/Carrollton
AAUW, came forward and invited the City Council and Mayor to
attend the Holiday Home Tour and presented each one with a
ticket.
Ms. Guizh explained that monies received from the sale of
tickets for the Holiday Home Tour will go into a scholarship
fund.
Councilman Dunagan moved to accept the tickets donated by the
AAUW organization. Councilwoman Davis seconded the motion and
all voted "aye".
A.7 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
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
Vol. 54, Page 43.
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.
Mayor Pro Tem Phelps moved to add D.1, D.2, D.3, D.4 and D.6
to the Consent Agenda Items. Councilman Blair seconded the
motion and all voted "aye".
Mayor Pro Tem Phelps moved to accept the following Consent
Agenda Items. Councilman Blair seconded the motion and all
voted "aye".
B.1 APPROVED MINUTES OF REGULAR MEETING OF NOVEMBER 16,
1987.
B.2 APPROVED AUTHORIZING THE EXECUTION OF AGREEMENTS WITH
THE FOLLOWING ORGANIZATIONS FOR FUNDING AS PROVIDED
IN THE 1987-88 BUDGET.
1. METROCREST YOUTH & FAMILY SERVICES, INC.
2. FAMILY OUTREACH CENTER
B.3 APPROVED AUTHORIZING THE EXECUTION OF THE FOLLOWING
REVISED AGREEMENTS FOR FUNDING AS PROVIDED IN THE
1987-88 BUDGET.
1. METROCREST SERVICE CENTER
2. OFFICE ON AGING
B.4 APPROVED CHANGING FINANCIAL AGREEMENT WITH EASTER
SEAL SOCIETY FOR HALLOWEEN EVENT ALLOWING THE
SOCIETY TO KEEP THE MONEY COLLECTED AFTER EXPENSES
IN THE AMOUNT OF $869.00.
B.5 APPROVED AUTHORIZING THE CITY TO ADVERTISE FOR BIDS
FOR THE FOLLOWING APPROVED IN THE 1987-1988 BUDGET:
ONE (1) REPLACEMENT MUDJACK PUMP
ONE (1) TRAILER MOUNTED 6" WATER PUMP
ANNUAL SUPPLY OF CONCRETE MATERIALS AND BASE MATERIAL
ANNUAL SUPPLY OF REFUSE SACKS.
B.6 APPROVED ACCEPTING A 525 SQ. FT. DRAINAGE EASEMENT
DEDICATED BY MR. HAROLD BLANKEMEYER FOR THE SENLAC
PAVING IMPROVEMENTS PROJECT LOCATED JUST WEST OF
SENLAC DRIVE.
B.7 APPROVED ACCEPTANCE OF A 5 FOOT UTILITY EASEMENT FOR
STREET LIGHT INSTALLATION DEDICATED BY PAUL AND MARY
WILEY LOCATED AT 3022 CAMEO LANE.
B.8 APPROVED ACCEPTANCE OF A 959.42 SQ. FT. DRAINAGE
EASEMENT DEDICATED BY MR. THOMAS J. O'KEEFE FOR THE
Vol. 54, Page 44.
COOKS CREEK DRAINAGE IMPROVEMENT PROJECT LOCATED AT
LOT 15, BLOCK 8, HERITAGE PARK NO. 4 ADDITION.
D.1 APPROVED ORDINANCE NO. 1738 AMENDING CHAPTER 3 OF THE
1982 UNIFORM BUILDING CODE.
"AN ORDINANCE OF THE CITY OF FARMERS BRANCH,
TEXAS AMENDING THE 1982 EDITION OF THE
UNIFORM BUILDING CODE AS ADOPTED BY ORDINANCE
NO. 1442 ALSO KNOWN AS THE BUILDING CODE OF
THE CITY OF FARMERS BRANCH AS HERETOFORE
AMENDED; BY AMENDING SECTION 301 AND TABLE 3A
BY ADDING SECTION 301 (B) AND BY ADOPTING
TABLE 3A AS PRINTED IN THE 1985 EDITION OF
THE UNIFORM BUILDING CODE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR INJUNCTIVE RELIEF; AND DECLARING AN
EMERGENCY."
D.2 APPROVED ORDINANCE NO. 1703 ADOPTING THE 1987 NATIONAL
ELECTRICAL CODE.
"AN ORDINANCE ESTABLISHING THE CITY OF
FARMERS BRANCH ELECTRICAL CODE FOR THE
PURPOSE OF SAFEGUARDING PERSONS AND PROPERTY
AND PROMOTING THE PUBLIC WELFARE; ADOPTING
THE 1987 EDITION OF THE NATIONAL ELECTRICAL
CODE; AMENDING THE 1987 EDITION OF THE
NATIONAL ELECTRICAL CODE; PROVIDING EQUIPMENT
AND INSTALLATION STANDARDS; PROVIDING FOR AN
ELECTRICAL BOARD AND ASSIGNING POWERS AND
DUTIES THERETO; PROVIDING FOR AN ENFORCEMENT
AGENT AND ASSIGNING POWERS AND DUTIES
THERETO; PROVIDING FOR EXAMINING, LICENSING
AND REGISTERING OF ELECTRICIANS; DEFINING
UNSAFE EQUIPMENT AND USES; DEFINING
VIOLATIONS; PROVIDING APPLICATION OF THIS
CODE TO EXISTING ELECTRICAL SYSTEMS AND
EQUIPMENT; PROVIDING DEFINITIONS OF WORDS AS
USED IN THIS CODE; REQUIRING PROPER
SUPERVISION OF WORK; PROVIDING FOR FEES;
PROVIDING FOR PERMITS; PROVIDING FOR
INSPECTION; PROVIDING FOR ELECTRICAL
CONNECTION APPROVALS; REPEALING ORDINANCES
NUMBERED 152, 198, 290, 603, 615, 741, 795,
832, 988, 991, 1082, 1191, AND 1348 AS BEING
IN CONFLICT HEREWITH; PROVIDING A SAVING
CLAUSE; PROVIDING INJUNCTIVE RELIEF;
PROVIDING FOE PENALTY OF FINE AND DECLARING
AN EMERGENCY."
Vol. 54, Page 45.
D.3 APPROVED ORDINANCE NO. 1698 ADOPTING THE 1985 UNIFORM
PLUMBING CODE AND THE 1985 UNIFORM SWIMMING POOL, SPA
AND HOT TUB CODE.
"AN ORDINANCE OF THE CITY OF FARMERS BRANCH,
TEXAS, ADOPTING THE 1985 EDITION OF THE
UNIFORM PLUMBING CODE AND THE UNIFORM
SWIMMING POOL SPA AND HOT TUB CODE AS
PREPARED BY THE INTERNATIONAL ASSOCIATION OF
PLUMBING AND MECHANICAL OFFICIALS; REPEALING
ORDINANCE NO. 1450; DELETING SECTION 1107
(b); AND AMENDING SECTIONS 20.4, 20.7, 20.14,
401, 501, 503, 1003(h), 1004(a), 1213(g) AND
APPENDIX D, SECTION D1 OF THE 1982 EDITION OF
THE UNIFORM PLUMBING CODE; DELETING SECTION
311 OF THE UNIFORM SWIMMING POOL SPA AND HOT
TUB CODE; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING A PENALTY OF
FINE NOT TO. EXCEED THE SUM OF TWO HUNDRED
($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR
INJUNCTIVE RELIEF AND DECLARING AN
EMERGENCY."
D.4 APPROVED ORDINANCE NO. 1699 ADOPTING THE 1985 UNIFORM
MECHANICAL CODE.
"AN ORDINANCE OF THE CITY OF FARMERS BRANCH,
TEXAS, ADOPTING THE 1985 EDITION OF THE
UNIFORM MECHANICAL CODE AS PREPARED BY THE
INTERNATIONAL ASSOCIATION OF PLUMBING AND
MECHANICAL OFFICIALS; REPEALING ORDINANCE NO.
1451; AMENDING SECTIONS 203, 302 AND 304;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED TWO HUNDRED
($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING
FOR INJUNCTIVE RELIEF AND DECLARING AN
EMERGENCY."
D.6 APPROVED ORDINANCE NO. 1742 PROHIBITING PARKING,
STOPPING OR STANDING OF VEHICLES AT ANY TIME ON
CERTAIN PORTIONS OF FORD ROAD.
"AN ORDINANCE OF THE CITY OF FARMERS BRANCH,
TEXAS, PROHIBITING PARKING, STOPPING OR
STANDING OR VEHICLES AT ANY TIME ON THE EAST
SIDE OF FORD ROAD FROM INTERSTATE HIGHWAY 635
WEST BOUND SERVICE ROAD TO CHRISTIAN PARKWAY;
AUTHORIZING THE POSTING OF SIGNS; PROVIDING
FOR A PENALTY NOT TO EXCEED THE SUM OF TWO
HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE;
AND DECLARING AN EMERGENCY."
Vol. 54, Page 46.
C.1 CITY MANAGER REPORTS.
City Manager Richard Escalante stated that due to the length
of the agenda, he will not present the City Manager's report.
C.2 PUBLIC HEARING: CONSIDER REQUEST OF KEN CARTER FOR A
SPECIFIC USE PERMIT FOR A SATELLITE ANTENNA IN PLANNED
DEVELOPMENT DISTRICT NO. 14 ON PROPERTY LOCATED AT 3001
INTERSTATE HIGHWAY (LBJ FREEWAY) AND TAKE APPROPRIATE
ACTION.
Mayor Dodd explained that the applicant wished to install a 6
foot diameter roof mounted antenna at the northeast corner of
the south building of the LBJ Business Park development at
3001 LBJ Freeway. Ordinance 1624 (Antenna Regulations)
requires an SUP for roof mounted antennas in excess of 30
inches in diameter.
The Planning and Zoning Commission recommend the request be
approved.
Mayor Dodd opened the Public Hearing.
Mr. Ken Carter of Ken Carter & Associates came forward to
explain his request.
Seeing that no one else wished to speak to this item,
Councilman Blair moved to close the Public Hearing.
Councilman Weidinger seconded the motion and all voted "aye".
Councilman Blair asked Mr. Carter how the antenna will be
screened.
Mr. Carter stated that the antenna will be hidden behind a 6
1/2 foot air handler and will not be visible.
Councilman Blair moved to approve as per Planning and Zoning
recommendations by adopting the below captioned Ordinance No.
1746. Councilwoman Davis seconded the motion and all voted
"aye".
"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 SATELLITE ANTENNA
DISH TO BE MOUNTED ONT HE ROOFTOP OF THE
BUILDING LOCATED AT 3001 LBJ FREEWAY IN THE
PLANNED DEVELOPMENT 14 (PD-14) ZONING
DISTRICT; PROVIDING FOR A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO HUNDRED ($200.00)
DOLLARS FOR EACH OFFENSE; PROVIDING A
Vol. 54, Page 47.
SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE
RELIEF; AND DECLARING AN EMERGENCY."
C.3 PUBLIC HEARING: CONSIDER REQUEST OF TRANS TEXAS
INVESTMENT PROPERTIES AND TEACHERS INSURANCE ANNUITY
ASSOCIATION FOR A ZONING CHANGE FROM PLANNED
DEVELOPMENT NO. 40 TO A PLANNED DEVELOPMENT FOR OFFICE,
HOTEL AND RETAIL USES AND SITE PLAN APPROVAL ON A 10.2
ACRE TRACT OF LAND AT THE NORTHEAST CORNER OF LBJ
FREEWAY AND MIDWAY ROAD AND TAKE APPROPRIATE ACTION.
Mayor Dodd explained that the applicants were requesting a
zoning change from PD-40 to a more restrictive Planned
Development in terms of allowed building square footage. The
present FAR is 4:1 and the requested change is to 3.51:1 FAR.
The applicants were also requesting site plan approval at this
time.
The Planning and Zoning commission recommended the request be
approved with the following conditions:
1. The following thoroughfare improvements must be in place
prior to the issuance of any Certificates of Occupancy for
Phase I:
(a) Two u-turn lanes for the westbound/eastbound
LBJ service roads at Midway Road.
(b) Two additional approach lanes on both eastbound
and westbound LBJ service roads.
(c) Additional eastbound and westbound approach
lanes on Alpha at the Midway intersection,
and northbound and southbound right turn
approach lanes on Alpha at Midway.
(d) The installation of a traffic signal at the
main driveway on Midway.
2. A traffic impact study must be submitted prior to building
permits being issued on Phase II.
3. The developer must participate in a traffic management
organization (TMO) when one is established.
4. That a developer's contract be completed prior to issuance
of a building permit and simultaneously with the platting of
the property and that the developer's contract should include
the method of payment of traffic improvements.
Mayor Dodd opened the Public Hearing.
Vol. 54, Page 48.
Mr. Bill Hutchison, President of Trans Texas Investment
Properties, came forward with several visual aids and a
rendering of Summer
Teachers Insurance Annu
and projections of Summer
Mr. Hutchison stated he
Planning and Zoning and
ordinance.
Square. Mr. Hutchison represented
ity Association describing the goals
Square.
had received the recommendation from
had received the revised proposed
Seeing that no one else came forward to speak to this item,
Councilman Weidinger moved to close the Public Hearing and all
voted "aye".
Councilman Phelps asked if Mr. Hutchison has any problem with
the conditions of Planning and Zoning.
Mr. Hutchison stated he has a problem with the City
requirement to join the Transportation Management
Organization. However, Mr. Hutchison stated he would comply
with the conditions placed on the project by Planning and
Zoning.
Councilman Weidinger asked what the timetable for the project
is.
Mr. Hutchison stated the first move would be to get the zoning
change and then start construction after they get the first
good tenant.
Councilman Blair stated that part of the requirements of the
Planning and Zoning Commission are to coordinate efforts on
improvements on LBJ Freeway with the State. Councilman Blair
asked Mr. Hutchison if he felt confident, along with Centre
Development, that these efforts could be coordinated.
Mr. Hutchison stated that he and Mr. DeGrazier of Centre
Development have a meeting scheduled to talk about traffic
improvements coordination with the State Highway Department.
Councilman Blair asked Larry Cervenka, Traffic Engineer, to
briefly go over the traffic study and improvements.
Larry Cervenka stated that each major development has had
impact studies made and the City has studied each of these.
The Traffic Engineer's opinion is that the improvements
suggested with this project and each of the other projects,
will support the traffic generated by this project.
Councilman Phelps moved to approve the Zoning Change and Site
Plan approval with the recommendations and conditions of the
Planning and Zoning Commission by adopting the below captioned
Vol. 54, Page 49.
Ordinance No. 1743. Councilman Weidinger seconded the motion
and all voted "aye".
"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 THE 10.15
ACRE TRACT OF LAND GENERALLY LOCATED AT THE
NORTHEAST CORNER OF THE WESTBOUND LBJ SERVICE
ROAD AND MIDWAY ROAD FROM THE CURRENT ZONING
DISTRICT NUMBER 40 TO PLANNED DEVELOPMENT
DISTRICT NUMBER SIXTY SIX (PD-66) ALLOWING
FOR OFFICE, HOTEL AND RETAIL USES;
ESTABLISHING DEVELOPMENT STANDARDS FOR PD
ZONING DISTRICT NUMBER 66; PROVIDING A
SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF;
PROVIDING FOR SEVERABILITY; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED TWO-HUNDRED
($200.00) DOLLARS; AND PROVIDING AN
EFFECTIVE DATE."
C.4 PUBLIC HEARING: TO REGULATE SATELLITE ANTENNAS BY
ORDINANCE, OR TO AMEND ORDINANCE NO. 1624 REGULATING
SATELLITE ANTENNAS WITHIN THE CITY OF FARMERS BRANCH
AND TAKE APPROPRIATE ACTION.
Mayor Dodd explained that since the passage of Ordinance 1624
(Antenna Regulations), it has become apparent that the
restrictions allowing only a 30 inch diameter roof mounted
antenna in non-residential zoning district without an SUP is
too restrictive. The purpose of the proposed ordinance is to
make the regulations in non-residential districts more
compatible with the actual requirements of antennas serving
the business community.
Mayor Dodd further explained that the Planning and Zoning
Commission recommended, by a 6 - 1 vote, Section 1, Paragraph
B, of Ordinance 1624 be amended by the addition of the
following paragraph:
5. In non-residential districts, one roof mounted
satellite antenna not to exceed 10 feet in
diameter and not to exceed 18 feet above the
roof shall be permitted, with site plan approval
per building. Any antenna structure attached to
the building that exceeds the height of the eave
shall be construed to be roof mounted.
Staff recommends an alternative amendment, with the differences
being as follows:
I
Vol. 54, Page 50.
"One roof mounted satellite antenna may be installed in any
non-residential zoning district, with a building permit,
provided: that the antenna does not exceed 10 feet in
diameter nor 10 feet above the tallest portion of the roof;
the antenna is not located within 500 feet of residential
property or developed City owned park; and that the antenna is
effectively screened from public street rights-of-way on at
least three sides. Any antenna structure attached to the
building that exceeds the height of the eave shall be
construed to be roof mounted."
Mayor Dodd opened the Public Hearing.
Seeing that no one wished to speak to this item, councilwoman
Davis moved to close the Public Hearing. Councilman Weidinger
seconded the motion and all voted "aye".
Councilman Phelps moved to approve below captioned ordinance
1750 as per staff recommendations. Councilwoman Davis
seconded the motion and all voted "aye".
"AN ORDINANCE OF THE CITY OF FARMERS BRANCH,
TEXAS AMENDING THE COMPREHENSIVE ZONING
ORDINANCE, BY AMENDING SECTION 16 SO AS TO
ESTABLISH SATELLITE ANTENNA REGULATIONS;
DELETING ORDINANCE 1624; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED
($200.00) DOLLARS; PROVIDING FOR INJUNCTIVE
RELIEF; AND DECLARING AN EMERGENCY."
C.5 PUBLIC HEARING: CONSIDER REQUEST OF VANTAGE MANAGEMENT
CO. FOR A SPECIFIC USE PERMIT TO OPERATE A TOXICO-
LOGICAL LABORATORY IN THE PLANNED DEVELOPMENT 14 ZONING
DISTRICT AT 2925 LBJ FREEWAY, SUITES 102 AND 106 AND
TAKE APPROPRIATE ACTION.
Mayor Dodd explained that Dr. Bernhard Gothelf is currently
operating a Toxicological Laboratory in Suite 106 and wishes
to expand his operation to include Suite 102. PD-14, which
allows office and multi-family two uses, requires that a
Specific Use Permit be granted for a medical or dental lab.
The proposed ordinance contains the Commission's recommended
condition.
Mayor Dodd further explained that the Planning and Zoning
commission, by unanimous vote, recommended the SUP for a
Toxicological Laboratory be approved with the condition that
the laboratory be inspected by the City semi-annually to
assure compliance with health and safety codes.
Mr. Brandon Urnst of the Vantage Management Company came
forward and, explained Dr. Gothelf's request for the Specific
Vol. 54, Page 51.
Use Permit to expand Toxicological Laboratory. He also
explained his operation at the laboratory and stated that the
reason for expansion is to begin water quality analysis.
Seeing that no one else wished to speak to this item,
Councilman Dunagan moved to close the Public Hearing.
Councilman Phelps seconded the motion and all voted "aye".
Councilman Blair asked Tom Scales, Director of Community
Services, if there is a proper manner in which the laboratory
will expose of toxic waste.
Tom Scales stated he feels the laboratory is in compliance
with all laws and regulations and feels the city does have the
staff to regulate the laboratory's disposal of toxic waste.
Councilman Blair asked Dr. Gothelf if he agrees to the
Planning & Zoning's condition to check the facility on a
semi-annual basis.
Dr. Gothelf stated he does agree to the condition.
Councilman Blair moved to grant the SUP to Dr. Gothelf to
expand his Toxicological Laboratory in the Planned Development
14 Zoning District at 2925 LBJ Freewqy, Suites 102 by adopting
the below captioned Ordinance No. 1748 as per the Planning &
Zoning's recommendation with the condition stated. Councilman
Dunagan seconded the motion and all voted "aye".
"AN ORDINANCE OF THE CITY OF FARMERS BRANCH,
TEXAS, AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FARMERS BRANCH, AS
HERETOFORE AMENDED, BY GRANTING A SPECIFIC
USE PERMIT FOR A TOXICOLOGICAL LABORATORY AT
2925 LBJ FREEWAY SUITES #102 AND #106, AND
BEING LOCATED IN THE PLANNED DEVELOPMENT 14
ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE;
PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR
SEVERABILITY; PROVIDING FOR A PENALTY OF IFNE
NTO TO EXCEED THE SUM OF TWO HUNDRED
($200.00) DOLLARS FOR EACH OFFENSE; AND
COUNCILMAN DUNAGAN LEFT THE COUNCIL CHAMBER DUE TO ILLNESS.
C.6 PUBLIC HEARING: CONSIDER REQUEST OF HARVEY LEE SCHWARTZ
TO AMEND THE PLANNED DEVELOPMENT 4 ZONING DISTRICT TO
ALLOW AN INDOOR COMMERCIAL AMUSEMENT "BINGO PARLOR"
WITHIN THE ZONING DISTRICT BY SPECIFIC USE PERMIT AND
TAKE APPROPRIATE ACTION.
Vol. 54, Page 52.
Mayor Dodd explained Mr. Schwartz's request that PD-4 be
amended such that a "Bingo Parlor" would be an allowable use
within the zoning district. The applicant proposed to operate
a "Bingo Parlor" at 14520 Josey Lane #216, in the Josey Square
Shopping Center. This hearing was to consider the amendment
to PD-4. If PD-4 is amended to allow a "Bingo Parlor" by SUP,
the request for an SUP will be scheduled at that time. The
proposed ordinance would allow a Bingo Parlor by SUP as per
the Commission's recommendation.
Mayor Dodd explained that the Planning and Zoning Commission,
by a 4 - 2 vote, recommended that PD-4 be amended to indicate
a Bingo Parlor as an allowable use by Specific Use Permit
within the Zoning District. The City Staff recommended that
the request be denied.
Mayor Dodd opened the Public Hearing.
Pat Robertson, Attorney, 12221 Merrit Drive, Dallas, came
forward to speak for the persons that are in favor of the
Bingo Parlor. He stated that the Bingo Parlor would be an
improvement to the building and would be a substantial benefit
to the City due to generated revenue.
Mr. Robertson submitted a petition to the Council signed by
local merchants in favor of the request.
Mr. Bernard Hemingway came forward representing the Knights of
Columbus, Council 5052 on Branch View Lane, speaking against
the request of Harvey Lee Schwartz to amend the Planned
Development 4 Zoning District to allow the commercial Bingo
Parlor.
Mr. Mark Hawkins, 2300 Valley View Lane, came forward
representing the Lion's Club and spoke against the approval of
the SUP to allow the commercial bingo establishment.
Mr. Jim Salvani, 2569 Springvale Lane, is a member of the
Farmers Branch Moose Lodge. Mr. Salvani stated that over the
years his organization has contributed a great sum of money to
charity through their bingo games. They work with both the
Metrocrest Service Center and the Office on Aging as
volunteers and with financial aid. He feels commercial bingo
out of the area as it will drive out all the contributing
charities to the community.
The following individuals came before the City Council to
voice their opposition to the SUP to allow the commercial
Bingo Parlor into the area:
Doug McNeal, 2500 Willowdale, Carrollton
Kathryn Reeves, 3322 Brookhaven Club Drive
Charles Higg, 2936 Golfing Green
Vol. 54, Page 53.
Ervay Harper, 1830 Walnut, Carrollton
Gene Pitman, 12216 Veronica
Merv Casset, 2943 Longmeade
Vernon Smith, 2715 Bay Meadow Circle
Bill Wilkinson, 1839 Pleasant Run Road
Seeing that no one else wished to speak to this item,
Councilman Blair moved to close the Public Hearing.
Councilman Phelps seconded the motion and all voted "aye".
Councilman Blair agreed that the Bingo Parlor would not be a
higher and better use of the property.
Mayor Dodd asked if there is adequate parking for this type of
business.
Tom Scales, Director of Community Services, came forward and
explained that this would be an assembly type parking and one
parking space for every three seats provided in the
establishment is required. Required parking would 219 spaces
for the Bingo operation, and 235 spaces are provided.
Councilwoman Davis asked if there are other areas where a
Bingo Parlor could go in and Mr. Scales stated there is one
third of the city where a Bingo Parlor could be permissible.
Councilman Weidinger asked how often Bingo would be played at
this location.
Mr. Robertson stated the planned hours are from 7:30 P.M. to
10:30 P.M. seven days per week.
Councilman Weidinger feels that bingo is well represented in
the community and the organizations are playing for charity.
He has a problem with a bingo parlor being opened seven days a
week for commercial purposes.
Mayor Dodd stated he does not feel this would be the highest
and best use to revitalize that area.
Councilman Phelps moved to deny the request of Harvey Lee
Schwartz to amend the Planned Development 4 Zoning District to
allow an indoor commercial amusement "Bingo Parlor" within the
Zoning District by Specific Use Permit. Councilman Blair
seconded the motion and voted "aye".
Councilman Blair moved to direct staff to go forth and contact
the property owners of the Josey Square Shopping Center as to
the repair or dismantling the sign and instruct the owners to
repair the windows or provide the property protection to the
windows. Councilwoman Davis seconded the motion and all voted
"aye".
Vol. 54, Page 54.
C.7 PUBLIC HEARING: CONSIDER REQUEST OF INTERNATIONAL
CHRISTIAN MEDIA FOR A SPECIFIC USE PERMIT FOR SATELLITE
ANTENNAS IN PLANNED DEVELOPMENT NO. 24 (LI) ON PROPERTY
LOCATED AT 2290 SPRINGLAKE ROAD AND TAKE APPROPRIATE
ACTION.
Mayor Dodd explained that International Christian Media is
requesting approval to erect three 10' diameter satellite
antennas and one 6' x 3' parabolic dish at 2290 Springlake
Road. The location is within the Royal Park Development Phase
I. A specific use permit is required in accordance with
Ordinance 1624 (Satellite Antenna Ordinance) because the
height of the antennas exceed 10 feet above the ground.
Mayor Dodd further explained that the Planning and Zoning
Commission, by unanimous vote, recommended the SUP be approved
as submitted.
Mayor Dodd opened the Public Hearing.
Mr. Marlin Maddox, President of International Christian Media,
came forward and explained his program and the need for the
"SUP .
Seeing that no one else wished to speak to this item,
Councilman Blair moved to close the Public Hearing.
Councilwoman Davis seconded the motion and all voted "aye".
Councilman Blair asked Tom Scales, Director of Community
Services if this request meets the requirements of the newly
passed ordinance.
Tom Scales stated it does not since this antenna, if
approved, would make four antennas on this one site.
Councilman Blair asked Mr. Maddox where this antenna would be
placed, and Mr. Maddox stated the antenna would be on the
backside of the building where there are no residences.
Councilman Blair stated that items of this nature would come
before the City Council for approval because it is different
from the ordinance just passed which states there can only be
one antenna on a site.
Councilman Blair moved to approve the request of International
Christian Media for a Specific Use Permit for satellite
antennas in Planned Development No. 24 (LI) on property
located at 2290 Springlake Road by adopting the below
captioned Ordinance No. 1747 Councilwoman Davis seconded the
motion and all voted "aye".
"AN ORDINANCE OF
THE
CITY OF FARMERS
BRANCH,
TEXAS, AMENDING
THE
COMPREHENSIVE
ZONING
Vol. 54, Page 55.
ORDINANCE OF THE CITY OF FARMERS BRANCH, AS
HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC
USE PERMIT FOR FOUR SATELLITE ANTENNA DISHES
LOCATED AT 2290 SPRINGLAKE ROAD IN THE
PLANNED DEVELOPMENT 24 (PD-24) ZONING
DISTRICT: PROVIDING FOR A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO HUNDRED ($200.00)
DOLLARS FOR EACH OFFENSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE
RELIEF; AND DECLARING AN EMERGENCY."
C.8 PUBLIC HEARING: CONSIDER REQUEST OF ROBERT BRION FOR A
SPECIFIC USE PERMIT FOR A SIX FOOT DIAMETER, ROOF
MOUNTED SATELLITE ANTENNA IN THE PLANNED DEVELOPMENT
22 ZONING DISTRICT LOCATED AT 1503 LBJ FREEWAY
(INTERSTATE 635) AND TAKE APPROPRIATE ACTION.
Mayor Dodd explained that Robert Brion was requesting approval
to erect a six foot diameter antenna on the roof of the 7
story office building located at 1503 LBJ. An SUP is required
because the proposed antenna exceeds 30 inches in diameter.
Mayor Dodd further explained that the Planning and Zoning
Commission, by unanimous vote, recommends this SUP be approved
as submitted.
Mayor Dodd opened the Public Hearing.
Mr. Robert Brion, 2862, Nagle, Dallas, came forward and
described his request.
Seeing that no one else came forward to speak to this item,
Councilman Phelps moved to close the Public Hearing.
Councilman Weidinger seconded the motion and all voted "aye".
Councilman Weidinger asked Mr. Brion which building the
antenna would be placed on.
Mr. Brion stated the antenna would be placed on the farthest
west building on LBJ going west on Interstate 635. He stated
the antenna is for IBM.
Councilwoman Davis moved to approve the request of Robert
Brion for a Specific Use Permit for a six foot diameter, roof
mounted satellite antenna in the Planned Development 22 Zoning
District located at 150-3 LBJ Freeway (Interstate 635) by
adopting the below captioned ordinance No. 1744. Councilman
Phelps seconded the motion and all voted "aye".
"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
Vol. 54, Page 56.
USE PERMIT FOR A SATELLITE ANTENNA DISH TO BE
MOUNTED ON THE ROOFTOP OF THE BUILDING
LOCATED AT 1503 LBJ FREEWAY IN THE PLANNED
DEVELOPMENT 22 (PD-22) ZONING DISTRICT;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR
EACH OFFENSE;PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INJUNCTIVE RELIEF; AND
DECLARING AN EMERGENCY."
C.9 CONSIDER REQUEST OF HI-NET COMMUNICATIONS FOR A
SPECIFIC USE PERMIT FOR A SATELLITE ANTENNA IN PLANNED
DEVELOPMENT 25 ZONING DISTRICT ON PROPERTY OCCUPIED BY
THE LA QUINTA HOTEL AT 13235 STEMMONS FREEWAY AND TAKE
APPROPRIATE ACTION.
Mayor Dodd explained that on November 2, 1987, the City
Council continued this request until this meeting in order for
the Planning and Zoning commission to reconsider this matter.
This request for a ground mounted satellite antenna includes
screening on three sides of the antenna as part of the
submittal.
Mayor Dodd further explained that the Planning and Zoning
Commission, by unanimous vote, recommends this request be
approved as submitted.
Councilwoman Davis moved to approve the request of HI-NET
Communications for a Specific Use Permit for a satellite
antenna in Planned Development 25 Zoning District on property
occupied by the La Quinta Hotel at 13235 Stemmons Freeway by
adopting the below captioned Ordinance No. 1745. Councilman
Phelps seconded the motion and all voted "aye".
"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 GROUND MOUNTED SATELLITE
ANTENNA DISH AT 13235 STEMMONS FREEWAY IN THE
PLANNED DEVELOPMENT 25 (PD-25) ZONING
DISTRICT; PROVIDING FOR A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO HUNDRED
($200.00) DOLLARS FOR EACH OFFENSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR INJUNCTIVE RELIEF; AND DECLARING AN
EMERGENCY."
C.10 DEVELOPER'S CONTRACT: CONSIDER THE EXECUTION OF
A DEVELOPER'S CONTRACT WITH RODGER MEIER HOLDING,
INC. FOR THE RODGER MEIER TRACT AND TAKE APPROPRIATE
ACTION.
Vol. 54, Page 57.
Mayor Dodd explained that additional study needs to be done on
this item.
Councilman Blair moved to continue this item until the
December 21, 1987 City Council meeting to be held at 9:00 A.M.
Councilman Phelps seconded the motion and all voted "aye".
Mayor Dodd announced that the December 21 City Council meeting
would be at 9:00 A.M. with the Study Session beginning at
8:00 A.M.
D.1 Consent Agenda
D.2 Consent Agenda
D.3 Consent Agenda
D.4 Consent Agenda
D.5 CONSIDER ORDINANCE NO.1740 ADDRESSING EROSION AND
SEDIMENTATION CONTROL AND TAKE APPROPRIATE ACTION
Mayor Dodd explained that the Erosion and Sedimentation
Control Ordinance identifies as a public nuisance erosion and
subsequent sedimentation on sidewalks, streets, storm sewers,
and easements. New developments and re-developments are
required to apply erosion and/or sedimentation control
measures along the creeks.
Mayor Dodd further explained that this ordinance is another
element of the City's Stormwater Management Program and its
adoption is recommended by the City Engineer.
Vernon Smith, 2715 Bay Meadows Circle, came forward speaking
against the ordinance as written. Mr. Smith asked that the
City Council re-evaluate the cost of erosion due to
irresponsible homeowners not taking care of their property.
Councilwoman Davis asked Jerry Murawski, City Engineer, if
only a few homes will be effected by this ordinance.
Mr. Murawski stated that only a few homes would be effected by
the ordinance at the present time; however, later other homes
would be effected.
Councilwoman Davis asked about the status of the studies being
done on Farmers Branch Creek.
Mr. Murawski stated that the studies have been completed and
the findings are now before the property owners along the
creek. He stated that the problem is erosion and ways of
controlling the erosion are to be found.
Vol. 54, Page 58.
Mr. Murawski stated there are two aspects to the ordinance.
One aspect is the nuisance aspect which is needed. The other
aspect is erosion control and will effect new development and
re-development.
Councilman Weidinger moved, as per the City Engineer's
recommendation, to approve the below captioned Ordinance No.
1740 addressing erosion and sedimentation control. Councilman
Blair seconded the motion and all voted "aye".
"AN ORDINANCE OF THE CITY OF FARMERS BRANCH,
TEXAS ADOPTING AN EROSION AND SEDIMENTATION
CONTROL ORDINANCE DESIGNED TO MINIMIZE
EROSION AND SEDIMENTATION FROM PRIVATE
PROPERTY ONTO PUBLIC PLACES AND PUBLIC
RIGHTS-OF-WAY; PROVIDING THE PURPOSE AND
SCOPE OF THE ORDINANCE; PROVIDING FOR THE
OFFENSE OF FAILING TO PREVENT A PUBLIC
EROSION NUISANCE; PROVIDING NOTICE
PROVISIONS; PROVIDING A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; providing for the duties of the
city of the responsibilities of the owner;
PROVIDING FOR AN EROSION AND SEDIMENTATION
CONTROL PLAN TO BE SUBMITTED BY DEVELOPERS;
PROVIDING FOR STOP WORK ORDERS TO BE ISSUED
FOR VIOLATIONS; PROVIDING FOR INJUNCTIVE
RELIEF AND PROVIDING AN EFFECTIVE DATE."
D.6 Consent Agenda
D.7 CONSIDER RESOLUTION NO. 87-046 SUPPORTING THE
STATEMENT OF THE TEXAS MUNICIPAL LEAGUE TO THE
TEXAS WATER COMMISSION ON THE 1987 REVISIONS TO
THE TEXAS SURFACE WATER QUALITY STANDARDS AND
TAKE APPROPRIATE ACTION.
Mayor Dodd explained that the Texas Water Commission (TWC) has
proposed revisions to the Texas Surface Water Quality
Standards. The Texas Municipal League (TML) and the Trinity
River Authority (TRA) have taken an active role in review of
those standards. Many of the standards will have significant
financial impact on taxpayers and ratepayers with little or no
benefit to the citizens or the environment. TML has presented
their review asking TWC to base revised standards on good
science and cost/benefit analysis. The last day to submit
comments to TWC is December 10, 1987.
Mayor Dodd further explained that the City Engineer recommends
that the City Council pass and approve Resolution No. 87-046.
Vol. 54, Page 59.
Councilman Weidinger moved to adopt Resolution No. 87-046
supporting the statement of the Texas Municipal League to the
Texas Water Commission on the 1987 revisions to the Texas
Surface Water Quality Standards. Councilwoman Davis seconded
the motion and all voted "aye".
D.8 CONSIDER ADOPTING RESOLUTION NO. 87-047 APPROVING
CHANGE ORDER NO. 2 TO THE CONSTRUCTION CONTRACT FOR
BROOKHAVEN CLUB DRIVE DRAINAGE IMPROVEMENTS AND TAKE
APPROPRIATE ACTION.
Mayor Dodd explained that the installation of a storm sewer
system and erosion control on Brookhaven Club Drive at Rawhide
Creek is a non-bond project. The construction contract was
awarded to Metcalf Construction Company in the amount of
$474,685. Change Order No. 1 was approved September 21, 1987
for $6,475.
Mayor Dodd further explained that the modification of the
recessed inlet with the placement of a new curb has
necessitated additional grading and replacement of sod within
the parkways. Change Order No. 2 for the additional materials
and labor is estimated at $13,128.
The City Engineer recommends adoption of Resolution No. 87-047
to approve Change Order No. 2.
Councilman Phelps pointed out that funds are available in the
present project budget.
Councilwoman Davis moved to adopt Resolution No. 87-047
approving Change Order No. 2 to the construction contract for
Brookhaven Club Drive drainage improvements estimated at
$13,128.00. Councilman Weidinger seconded the motion and all
voted "aye".
D.9 CONSIDER EXTENDING THE INTERIM AGREEMENT WITH THE TOWN
OF ADDISON REGARDING TRANSPORTATION OF SEWAGE AND
AMENDMENT REGARDING INDUSTRIAL WASTE PRETREATMENT
PROGRAM AND TAKE APPROPRIATE ACTION.
Mayor Dodd explained that the Town of Addison discharges
sewage into the City of Farmers Branch Sewer System. The
existing system needs to be expanded. The Interim Agreement
will allow a period of time for options to be investigated for
selection of a new system and review possible funding sources.
The Agreement also contains an amendment whereby Addison
agrees to enforce an ordinance regulating industrial
discharges into their portion of the sewer system. The
Addison ordinance contains the basic terms and conditions of
Farmers Branch Ordinance No. 1555.
Vol. 54, Page 60.
Mayor Dodd further explained that this Agreement is for a
period of six months.
The City Engineer recommends that the City Manager be authorized
to execute the Interim Agreement with Addison.
Councilman Blair moved to approve extending the interim
agreement with the Town of Addison regarding transportation of
sewage and amendment regarding the Industrial Waste
Pretreatment Program. Councilwoman Davis seconded the motion
and all voted "aye".
D.10 CONSIDER APPROVAL OF THE GUSSIE FIELD WATERWORTH PARK
SCHEMATIC DESIGN AND TAKE APPROPRIATE ACTION.
Mayor Dodd explained that Gussie Field Waterworth Park is bond
project P-16 and D-16. This project includes erosion control
application through the park. The improvements to the park
also include a parking lot, bridges, park shelter, outdoor
performance area, pathways, nature area, lighting, restrooms,
site furniture, landscaping, and automatic irrigation.
Mayor Dodd further explained that there is $1,001,600 budgeted
for the park improvements and $3,500,000 budgeted for erosion
control.
P.O.D., Inc., project consultant, has worked closely with F & S
Partners to ensure that the improvements to the park compliment
the New City Hall Complex.
On November 19, 1987, the schematic design was presented to the
Parks and Recreation Board with unanimous approval.
The City Engineer and the Director of Parks and Recreation Dept.
recommend approval of the schematic design for Gussie Field
Waterworth Park.
Councilman Weidinger commented that the design presented to
the City Council was definitely a compliment to the new City
Hall complex.
Councilman Weidinger moved to approve the Gussie Field
Waterworth Park Schematic Design. Councilwoman Davis seconded
the motion and all voted "aye".
Councilman Blair stated he would like to see the rendering of
the park placed in the Library next to the rendering of the
new City Hall complex.
City Manager Richard Escalante said a video would be made
explaining the rendering and the park design, and this video
would run several times on the City's cable public access
channel.
Vol. 54, Page 61.
D.11 CONSIDER AUTHORIZING THE EXECUTION OF A CONTRACT WITH
ROBERTS & DOWDEY CIVIL ENGINEERS FOR A DRAINAGE
DESIGN STUDY AT MORNINGSTAR AND KEYPORT AND TAKE
APPROPRIATE ACTION.
Mayor Dodd explained that drainage improvements on Keyport
Drive and Morningstar Lane Projects D-6 and D-9 of the Bond
Program. These improvements are budgeted in the amount of
$890,000.00. The Engineering Department has negotiated a
contract with the firm of Roberts & Dowdey Civil Engineers to
perform a drainage study of the Town North Estates Addition to
develop alternative methods of mitigating the drainage
problems which currently exist. The study may be completed
within 60 calendar days at a cost not to exceed $9,188.00.
Mayor Dodd further explained that the City Engineer recommends
authorization of the execution of the contract with Roberts &
Dowdey Civil Engineers for a drainage study of Town North
Estates in the amount of $9,188.00. Funding for this work is
available from $890,000.00 of unencumbered funds for this
project.
Councilwoman Davis moved to have the City Manager authorize
the execution of a contract with Roberts and Dowdey Civil
Engineers for a drainage design study at Morningstar and
Keyport. Councilman Phelps seconded the motion and all voted
"aye".
D.12 CONSIDER AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH
AND ZOECON INDUSTRIES FOR ZOECON TO CONDUCT A GROUND-
WATER MONITORING PROGRAM IN THE CITY'S HISTORICAL
PARK AND TAKE APPROPRIATE ACTION.
Mayor Dodd explained that on November 3, 1987, the Texas Water
Commission adopted an order whereby Zoecon Industries agreed
to investigate the quality of groundwater in the Historical
Park on the south side of Farmers Branch Creek within 120 days
of the date the order was adopted.
Mayor Dodd further explained that the agreement under
consideration authorizes Zoecon to have access to the park and
provide security to the job site, authorizes the City to
inspect and review field work performed in the park, requires
Zoecon to provide the City with the opportunity to split
samples, requires Zoecon to provide the City with a copy of
the investigation report at the time it is submitted to the
Texas Water Commission, requires Zoecon to restore park
property to the condition it was at the time of the
commencement of the project, and contains a hold harmless and
indemnity section.
Vol. 54, Page 62.
The City Staff recommended that the City enter into this
agreement with Zoecon Industries which will provide the City
with information on the quality of groundwater in this section
of the park and which will allow Zoecon to comply with the
Order of the Texas Water Commission.
City Manager, Richard Escalante, stated he has discussed the
contract with John Boyle, City Attorney, and also had
discussed the agreement with Tom McDougald of the Community
Services Department who went into detail comparing the two
drafts and advised some changes which the City Manager and
City Attorney approve of. Mr. Escalante stated one condition
is that Zoecon provide security for integrity of the testing
and for safety. Security guards would monitor the site
twenty-four hours a day. The security issue should be worked
out with Zoecon within a day or two.
John Boyle stated the agreement is in legal order.
Councilman Weidinger moved to accept the agreement between the
City of Farmers Branch and Zoecon Industries for Zoecon to
conduct a groundwater monitoring program in the City's
Historical Park as per City Attorney and City Staff
recommendation. Councilwoman Davis seconded the motion and
all voted "aye".
D.13 CONSIDER AWARDING BIDS FOR IRRIGATION SUPPLIES FOR THE
PARKS AND RECREATION DIVISION AND TAKE APPROPRIATE
ACTION.
Mayor Dodd explained that notice was sent to seven vendors.
We received five bids back. The total of low bids is
$17,848.50. There is $25,000 budgeted for irrigation
supplies for the 1987-88 budget.
The Parks & Recreation Department recommended acceptance of
the following low bids meeting specifications:
1. Wickham Supply, Inc. - for items 3,4,22,23,97,98,99,100,
101,105,106,107,111,112,113, and 120, in the amount of
$3,396.03.
2. Davis Pipe & Supply, Inc. - for items 1,2,33,34,35,36,37,38,
39,40,41,42,43,45,46,47,48,49,50,51,52,53,54,55,56,57,58,60,
61,62,63,64,65,66,67,68,69,70,71,72,73,74,75,76,77,78,79,80
81,82,83,84,85,87,89,90,91,92,93,94,95,102,103,104,114,118,
and 119, in the amount of $4,309.71.
3. Hydrotex Companies - for items 6,7,8,9,10,11,12,13,14,24,25,
26,27,28,29,30,31,32,44,59,86,88,96,108,109,110,115,116,117,
121,122, and 123 in the amount of $9,701.76.
4. Pipe'N Heads, Inc. - for items 15,16,17,18,19,20,21, in the
amount of $441.00.
Vol. 54, Page 63.
u
Councilwoman Davis moved to award the bids to the low bidders
meeting specifications for irrigation supplies as recommended
by the Parks and Recreation Department. Councilman Phelps
seconded the motion and all voted "aye".
D.14 CONSIDER AWARDING THE BID FOR CHEMICALS AND FERTILIZERS
FOR THE PARKS & RECREATION DEPARTMENT AND TAKE
APPROPRIATE ACTION.
Mayor Dodd explained that notice was sent to 10 vendors. We
received nine bids back. One bid was disqualified. The total
of low bids if $57,749.08. There was $94,000.00 budgeted for
chemicals and fertilizers in the 1987-88 budget.
The Parks & Recreation Department recommended acceptance of
the following low bids meeting specifications:
1. Robert Nicholson Seed Co. - for items 1,3,4,5,7,23,31 in
the amount of $8,587.76.
2. A. H. Hummert - for items 2,6,14,15 in the amount of
$1,018.11.
3. Chemical & Turf - for items 8, 11,12.,13,17,19,20,25,33,34,
35 in the amount of $19,368.13.
4. Van Waters & Rogers - for items 9,16,18,21,22,28,29,30,32
in the amount of $6,640.18.
5. Chemical Sales Inc. - for items 10,24,26,27 in the amount
of $7,194.90.
6. Harpool Fertilize Co. - for item 36 in the amount of
$14,940.00.
Councilman Blair stated that the amount in the budget for
these items is $62,000.00 and the total of these bids came in
under that amount at $57,749.08. However, the total amount
budgeted for the year for this chemicals and fertilizers is
$94,000.00.
Councilman Blair moved to award the bids for chemicals and
fertilizers to these low bidders meeting specifications as
recommended by the Parks and Recreation Department.
Councilwoman Davis seconded the motion and all voted "aye".
D.15 CONSIDER COUNCIL TRAVEL REQUESTS AND TAKE THE
APPROPRIATE ACTION.
Mayor Dodd explained that this item is placed on the agenda
for Council discussion and consideration.
There were no requests from the Council members.
D.16 CITIZEN PARTICIPATION
Marty Gierhl, 3404 Bevan Drive,
came forward and stated he
Vol. 54, Page 64.
would like to see the City Staff possibly get involved with
the Chamber regarding tax revenue from commercial properties.
Councilwoman Davis stated she will be chairing the committee
for economic development for the Chamber this year and would
like to have Mr. Gierhl become involved on this committee.
Vernon Smith, 2715 Bay Meadows Circle came forward to express
his concern for Cooks Creek banks washing away and exposing
tree roots.
Jerry Murawski, City Engineer, stated there are plans now to
take video pictures of the creeks periodically so this
washing away can be detected and the projects can be
finalized.
Mr. Smith asked that an item be placed on the agenda
whereby the City Council will discuss the 1099 Tax Forms.
Mayor Dodd stated that the request should be made in writing
as required for placing items on the agenda.
MAYOR DODD ANNOUNCED THAT THE TWO ITEMS POSTED AS BEING
EXECUTIVE SESSION ITEMS will be discussed during the regular
Council meeting.
E.1 EXECUTIVE SESSION.
a. DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g)
1. DISCUSS APPOINTMENTS TO THE PARKS AND RECREATION
BOARD.
Councilman Blair moved to reappoint Lorraine Skamfer, Place 1;
Bill Boudreau, Place 3; and Josh Lewis, Place 5 to the Parks
and Recreation Board. Councilman Phelps seconded the motion
and all voted "aye".
2. DISCUSS APPOINTMENTS TO THE ZONING BOARD OF
ADJUSTMENTS AND BUILDING CODE BOARD OF APPEALS.
Councilman Phelps moved to reappoint
1; Junie Smith, Place 3; and Ron Pyle,
Board of Adjustments and Building Code
Robert Elder and James Deckard to se
each serving another two-year term.
seconded the motion and all voted "aye".
Kathryn Reeves, Place
Place 4 to the Zoning
Board of Appeals with
rve as alternates with
Councilman Weidinger
F.1 ADJOURNMENT.
A motion by Councilman Weidinger,
and all voting "aye" adjourned
c b 7, 987,a 9:52 P.M.
y r ooh~hn Dod {
retary
a second by Councilman Blair
the City Council meeting of
Vol. 54, Page 65.