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1988-02-01 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 02/01/88 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Council Members 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 City Engineer Jerry Murawski Traffic Engineer Larry Cervenka Recording Secretary Ruth Ann Parish Acting Finance Director Debbie Champion Recording Secretary Julie Parker Mayor Dodd called the City Council Meeting of 02/01/88 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION Mrs. Brigit King, Principal of Mary Emaculate School, gave the invocation. Weblos Den No. 1, Pack 718 of Greenhill School came forward and led in the pledge of allegiance. Leonard Thompson is the den leader. A.2 PROCLAIM WEEK OF JANUARY 31 TO FEBRUARY 6 1988 AS MARY IMMACULATE CATHOLIC SCHOOL WEEK IN FARMERS BRANCH. Vol. 54, Page 101. Mayor Dodd presented Bridget King, Principal of Mary Immaculate Catholic School, a proclamation in conjunction with the National Catholic School Week and recognized the local school for its continuing support to education in Farmers Branch. City Manager Richard Escalante, City Engineer Jerry Murawski and Councilman Herb Weidinger came forward to take part in the presentation. MAYOR DODD PRESENTED MR. LEONARD THOMPSON, Den Leader of Weblos Pack 718 who introduced the following scouts: Ben Bayles, Ray Everett, Hugh Bergin, Alex Sprunt, Gavin Mayes and Ein Thompson. Mr. Thompson explained that the Scouts were attending the City council meeting as one activity toward earning their Citizenship badges. A.3 PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd explained that this item gives applicants an opportunity to present board applications to the City Council. However, no one came forward to present a board application to the Council. A.8 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. ITEMS B.1 THROUGH B.4. Under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is being established in order to speed up discussion for those items that need more time for discussion. Councilman Phelps moved to add Item D.4 to the Consent Agenda Items. Councilman Dunagan seconded the motion and all voted "aye". Councilman Phelps moved to approve the Consent Agenda. Councilman Dunagan seconded the motion and all voted "aye". B.1 APPROVED MINUTES OF REGULAR CITY COUNCIL MEETING OF JANUARY 18, 1988. B.2 APPROVED REQUEST BY GOODWILL INDUSTRIES TO EXTEND APPROVAL FOR AN ATTENDED COLLECTION CENTER ON THE SOUTHEAST CORNER OF VALLEY VIEW LANE AND JOSEY LANE. Vol. 54, Page 102. B.3 APPROVED AUTHORIZING THE EXECUTION OF A REVISED CONTRACT WITH BROOKHAVEN COMMUNITY COLLEGE FOR FUNDING AS PROVIDED IN THE 1987-88. B.4 APPROVED ORDINANCE NO. 1755 AMENDING ORDINANCES NO. 1362 AND NO. 1514, LIMITING TRAFFIC LOADS ON TWO BOX CULVERTS, THE DENTON DRIVE CULVERT OVER COOKS CREEK AND ON THE LONGMEADE DRIVE CULVERT OVER RAWHIDE CREEK. "AN ORDINANCE AMENDING ORDINANCES NO. 1362 AND 1514 OF THE CITY OF FARMERS BRANCH, TEXAS LIMITING THE WEIGHT OF VEHICLES CROSSING THE BOX CULVERT ON DENTON ROAD AT COOKS CREEK AND THE BOX CULVERT ON LONGMEADE DRIVE AT RAWHIDE CREEK; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY." D.4 APPROVED ORDINANCE NO. 1756 RAISING MAXIMUM PENALTIES FOR VIOLATION OF CITY ORDINANCES. "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING SECTION 1-5 OF THE FARMERS BRANCH CODE OF ORDINANCES RELATING TO GENERAL PENALTY AND CONTINUING VIOLATIONS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE." C.1 CITY MANAGER REPORTS. City Manager Richard Escalante reported that during the Study Session the Council reviewed the status of the ground water contamination study and the activities related to the discharge by Zoecon in the Farmers Branch Creek on January 10, 1988. Mr. Escalante reviewed the actions the City has taken to safe guard the community. The City Manager gave an informative report on other programs and projects of various departments of the City. C.2 PUBLIC HEARING: CONSIDER REQUEST OF THE DALHO CORP. FOR A SPECIFIC USE PERMIT FOR A FUEL FACILITY IN PLANNED DEVELOPMENT ZONING DISTRICT NO. 22 ON PROPERTY LOCATED AT 1885 VALLEY VIEW LANE; AND TO CONSIDER AN AMENDMENT TO THE THOROUGHFARE PLAN TO DELETE A PROPOSED NORTH- SOUTH SECONDARY STREET PRESENTLY ON THE THOROUGHFARE PLAN, AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that the Dalho Corporation requests this public hearing be continued to the February 15, 1988, council meeting. Mayor Dodd further explained that the Staff recommended this item be continued to the February 15, 1988 Council meeting. Vol. 54, Page 103. Councilman Blair moved to continue this Public Hearing to the February 15, 1988 City Council meeting as recommended by the Staff. Councilman Weidinger seconded the motion and all voted "aye". C.3 PUBLIC HEARING: CONSIDER LEVYING ASSESSMENT FOR PAVING IMPROVEMENTS ON SENLAC DRIVE AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that a public hearing is being held on the assessment of the Senlac Drive Paving Project. The hearing is scheduled by Ordinance No. 1751. Notices of the public hearing were printed in the local newspaper and mailed to the affected property owners. The City Engineer recommended that the Assessment Hearing Procedure be followed, and the property owners be given the opportunity to be heard. Mayor Dodd opened the Public Hearing. Jerry Murawski, City Engineer, and Marlin Blake, an independent real estate appraiser, came forward and were sworn in by the City Attorney, John Boyle. Jerry Murawski described the nature of improvements would include the construction of eight-inch thick reinforced concrete pavement with integral curb and gutter. The pavement for that portion to be assessed is 4 lanes, 57' back-to-back, undivided, with a center turning lane. Also included in these improvements are six-inch (611) thick reinforced concrete driveways and the installation of an underground storm drainage system. The limits of improvements Senlac extend from the north right-of-way line of Valley View Lane, northward, bridging across the Farmers Branch-Carrollton Flood Control District right-of-way, to the south right-of-way line of Diplomat Drive. The total cost of improvements is $1,349,993.78. The cost of the improvements to be borne by the city is $432,768.37 and the cost to be borne by Developer's Contract and Assessments is $917,225.41. Mr. Murawski explained how the property owners' cost was determined and outlined a permissible method of payment. Marlin M. Blake stated he is an independent real estate appraiser who has been in the business for 21 years. City Attorney John Boyle asked Mr. Blake if he would state for the record that he does have and is familiar with the market values of property within the City Limits of Farmers Branch, Dallas County, Texas. Mr. Blake stated he is familiar with the property values of Dallas County in general and in the area of concern in particular. Mr. Blake testified that the Vol. 54, Page 104. improvements would enhance the property in value by the amount of the assessment. Councilman Blair asked John Boyle if the persons involved in the assessment or persons responsible for the assessment were notified by the City. Mr. Boyle stated that the statute requires both publication and actual notice, and it is his understanding that the statutory requirements were satisfied. Seeing that the City Council had no further questions, Councilman Blair moved to close the Public Hearing. Councilman Phelps seconded the motion and all voted "aye". Mayor Dodd stated that an ordinance actually levying the assessment will be prepared and submitted to the City Council at the next Council meeting. C.4 CONSIDER REQUEST OF SWEDISH AUTO INC. FOR A SPECIFIC USE PERMIT TO OPERATE AN AUTOMOTIVE REPAIR FACILITY LOCATED AT 3607 GARDENBROOK DRIVE AND WITHIN A LIGHT INDUSTRIAL ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that Swedish Auto proposes to move its current repair facility from 3119 Gardenbrook Dr. to 3607 Gardenbrook Dr. No physical changes are proposed to the building exterior or the grounds at the new location. The warehouse structure at 3607 Gardenbrook was constructed in 1977 in compliance with the Comprehensive Zoning Ordinance. An SUP is required to operate an automotive repair facility in a Light Industrial Zoning District. The Planning and Zoning Commission, by unanimous vote, recommended the SUP be approved with the condition that the SUP be subject to review by the Commission at such time that Swedish Auto vacates the premises, or three years from the adoption of the enacting ordinance for this SUP, whichever comes first. Bart Johnson, Manager of Swedish Auto, 3119 Gardenbrook, Farmers Branch was present to answer questions concerning his request for the Specific Use Permit. Janet Gonzales, 3121 Gardenbrook, owner of Interpacific, came forward speaking in favor of the SUP approval. Mark Gentile, 3215 Gardenbrook, an independent paper and ribbon distributor, came forward speaking in favor of the SUP approval. Mayor Dodd asked Mr. Johnson if he is in favor of the special condition the Planning & Zoning Commission has placed on the Specific Use Permit. Vol. 54, Page 105. Mr. Johnson thought the condition unnecessary and felt it would be difficult to do business under those circumstances. ~L 1 0 Councilman Blair asked how long Mr. Johnson's present lease is for. Mr. Johnson stated three years and added that he does not plan to leave this facility when his lease is up. Councilman Blair asked John Boyle if the SUP could read that it automatically terminate if Swedish Auto left the building. John Boyle explained that the SUP goes with the land and changes only when the Council goes back through the legal process. He further explained that the Council has the ability to review the SUP at any time; however, once there is a use established, that use does not change. Councilman Dunagan replied that the only way the City Can review the use of the location is to put a deed restriction on it. Councilwoman Davis commented that the City Council is interested in keeping an undesirable auto repair place from moving into that location. She is also concerned that if a higher and better use of the land comes up in the future that the City Council might want to change the use of this site. John Boyle stated the only way you have an assurance that there is an ability to eliminate that use on the property is to enter into a deed restriction. The landlord, Mitchell Barnett, 12720 Hillcrest, Dallas, came forward to answer questions of the City Council. Councilman Dunagan asked Mr. Mitchell if he would be willing to offer a five-year deed restriction for this Specific Use Permit with the condition that if in five-years the City decided not to renew the SUP there would be one-years notice before any one would have to vacate the premises. Councilman Blair proposed that it be written in as part of the deed restriction that the deed restriction would automatically expire when Swedish Auto vacated the property. The City Attorney stated that could be included in a separate paragraph. Councilman Phelps asked Mr. Johnson if he was going to limit repair of vehicles to inside the building. Mr. Johnson stated all repairs will be done inside the building. Councilman Weidinger moved as outlined by the City Attorney to enter into a deed restriction with this particular SUP, to review after five years, and a one-years notice for Swedish Vol. 54, Page 106. Auto to vacate the premises if the SUP is not re-approved. Councilman Blair seconded the motion and all voted "aye". C.5 CONSIDER REQUEST BY THE FARMERS BRANCH CHAMBER OF COMMERCE FOR DATE AND SITE OF FOLKLORE FESTIVAL FOR 1988. Mayor Dodd explained that this item was placed on the agenda at the request of the Farmers Branch Chamber of Commerce. Michael Nerlinger of the Farmers Branch Chamber of Commerce came forward to request setting the date for the Folklore Festival as June 11, 1988 to be held at the Historical Park. Councilwoman Davis moved to set June 11, 1988 as the date for the Folklore Festival to be held at the Historical Park. Councilman Weidinger seconded the motion and all voted "aye". C.6 CONSIDER RESOLUTION NO. 88-021 ACCEPTING A PETITION AND ALLEY DOCUMENTS FOR THE PAVING AND IMPROVEMENT OF A 15-FOOT WIDE UTILITY EASEMENT BETWEEN PRIMROSE LANE AND PHYLLIS LANE, FROM AUSTELL PARKWAY TO WEBB CHAPEL ROAD AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that in compliance with the requirements of the City's Alley Paving Program, Mrs. Darlene Douglas, of 3033 Phyllis Lane, has received 95 percent participation in petitioning for the paving of the 15-foot wide utility easement between Primrose Lane and Phyllis Lane, from Austell Parkway to Webb Chapel Road. Additionally, Mrs. Douglas has obtained 95 percent of the dedicated Public Alley Easement documents. The City Engineer recommends acceptance of the petition for alley paving and the dedicated Public Alley Easement documents as a prerequisite to project design. Councilman Dunagan gave some history on the alley paving program of the City. Councilman Dunagan moved to accept a petition and alley documents for the paving and improvement of a 15-foot wide utility easement between Primrose Lane and Phyllis Lane, from Austell Parkway to Webb Chapel Road. Councilwoman Davis seconded the motion and all voted "aye". C.7 CONSIDER RESOLUTION NO. 88-022 AUTHORIZING THE ENGINEERING DEPARTMENT OF THE CITY OF FARMERS BRANCH, TO PREPARE PLANS, SPECIFICATIONS AND ESTIMATES FOR THE PAVING AND IMPROVEMENT OF THE PUBLIC ALLEY EASEMENT BETWEEN PRIMROSE LANE AND PHYLLIS LANE, FROM AUSTELL PARKWAY TO WEBB CHAPEL ROAD, AND TAKE APPROPRIATE Vol. 54, Page 107. ACTION. Mayor Dodd explained that all Ordinance No. 1640-A have been met the paving and improvement for between Primrose Lane and Phyllis to Webb Chapel Road. requirements set forth in by the residents requesting the 15-foot wide easement Lane, from Austell Parkway Mayor Dodd further explained that the City Engineer recommends that authorization be granted to prepare plans, specifications and estimates for the paving and improvement of the alley. Councilman Phelps moved to authorize the Engineering Department to prepare plans, specifications and estimates for the paving and improvement of the public alley easement between Primrose Lane and Phyllis Lane from Austell Parkway to Webb Chapel Road. Councilman Dunagan seconded the motion and all voted "aye". D.1 CONSIDER SETTING COUNCIL MEETING DATE FOR MONTH OF MARCH AND TAKE THE APPROPRIATE ACTION. i Mayor Dodd explained that there was discussion at the Study Session of January 18, 1988 of having one Council meeting in March because of the possibility that a majority of the the members of the Council may be attending the National League of Cities Congressional Conference in Washington, D. C. during the first week of March. March 14th was the date discussed for the meeting in March. Councilman Dunagan moved to set March 14, 1988 as the one meeting date for the month of March. Councilman Phelps seconded the motion and all voted "aye". D.2 CONSIDER SUBMITTING APPLICATIONS TO THE TEXAS HISTORICAL COMMISSION FOR TEXAS HISTORICAL MARKERS FOR THE GILBERT HOUSE, OLD CHURCH, DEPOT AND DODSON HOUSE. Mayor Dodd explained that th Restoration Board wishes to markers for four structures at Park.. Building markers will Dodson, and Depot structures, sought for the Old Church. If these buildings will receive Texas Historic Landmarks. e Historical Preservation & seek official Texas Historical the Farmers Branch Historical be sought for the Gilbert, and a subject marker will be the applications are approved, a special status as recorded The Historical Preservation and Restoration Board recommends submitting Texas Historical Marker applications for the Dodson and Gilbert Houses, the Depot and the Old Church. Vol. 54, Page 108. Councilman Weidinger moved Texas Historical Commission the Gilbert House, Old Chu: Councilwoman Davis seconded D.3 APPROVE WORDING CATES PLAQUE. to fo rch, the AND submit applications to the r Texas Historical Markers for Depot and the Dodson House. motion and all voted "aye". APPROPRIATE FUNDING FOR GRADY Mayor Dodd explained that the Parks & Recreation Board reviewed wording and estimated cost for the Grady Cates plaque. Mayor Dodd further explained that the Parks & Recreation Board recommends approval of wording, and appropriation of $450 for fabrication and installation of plaque. Mayor Dodd stated he would like to see more embellished wording showing Mr. Cates' achievements. Councilman Weidinger moved to have staff bring this item back to the next City Council meeting with new verbiage and new estimates of cost. Councilman Blair seconded the motion and all voted "aye". D.4 Consent Agenda D.5 CONSIDER ADOPTING RESOLUTION NO. 88-013 REJECTING THE BIDS FOR BASE MATERIAL AND AUTHORIZING THE CITY MANAGER TO OBTAIN THIS MATERIAL FROM DALLAS COUNTY Mayor Dodd explained that bids for a new contract for the annual supply of base material were received on January 5, 1988. The existing contract had expired. Two bids were received. The lowest bid received from vendors on January 5, was $9.58 per ton. Base material can be obtained from Dallas County under the existing City/County Agreement. The unit price for base material from the County is $8.17 per ton. The total estimated quantity of base material needed for the year is 1,000 tons. Therefore, if base material was obtained from Dallas County the estimated total annual cost would be approximately $8,170.00. Base material is a rock and sand mixture used for stabilizing the sub-surface prior to patching or replacing concrete and/or asphalt. Funds are included in the 1987 -1988 budget for the purchase of this material in the amount of $15,000.00. Mayor Dodd further explained that the Public Works Department recommended that Resolution No. 88-013 be adopted that would reject the bids for base material and authorizes the City Manager to obtain this material from Dallas County. Councilman Phelps moved adopt Resolution No. 88-013 rejecting the bids for base material and authorize the City Manager to Vol. 54, Page 109. obtain this material from Dallas County. Councilman Blair seconded the motion and all voted "aye". D.6 CONSIDER ADOPTING RESOLUTION NO. 88-001 AWARDING THE BID FOR THE CITY'S BANK DEPOSITORY CONTRACT - OPERATING TO FIRST CITY BANK - FARMERS BRANCH. COUNCILMAN BLAIR AND COUNCILMAN DUNAGAN LEFT THE COUNCIL CHAMBERS DUE TO A POSSIBLE CONFLICT OF INTEREST. The appropriate document was filed with the City Secretary. Mayor Dodd explained that the City is required by law to have a depository contract with a financial institution located within the city limits. In accordance with State law, the City advertised and accepted bids for the Municipal Depository Contract. Deloitte Haskins & Sells, the city's consultant, prepared a Request for Proposal which was delivered to six qualifying banks: Texas American Bank, Park West Bank, Centre National Bank, First City Bank, Metropolitan National Bank, and Town North Bank. The proposal allowed a bank to submit a bid as the operating bank (providing full banking services), as a participating bank (providing investment services through certificates of deposits) or as both. An operating bid was received from First City Bank. The Council voted to readvertise for bids for the Bank Depository Contract - Participating. A bid was received from Centre National Bank. At the Council meeting on December 21, 1987, Council rejected the bid from Centre National Bank for the Bank Depository Contract - Participating and granted Staff 30 days to negotiate the Bank Depository Contract - Operating submitted by First City Bank - Farmers Branch. Mayor Dodd explained that it is recommended by Deloitte Haskins & Sells, the City's Consultant, that Resolution No. 88-001 be adopted, approving the Bank Depository Contract - Operating with First City Bank - Farmers Branch. Councilman Weidinger moved to approve Resolution No. 88-001 awarding the bid for the city's Bank Depository Contract - Operating to First City Bank - Farmers Branch. Councilwoman Davis seconded the motion and all voted "aye". Council Blair and Councilman Dunagan returned to the Council Chambers. D.7 CONSIDER APPROVING A FILL PERMIT AND AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE REPLACEMENT OF DENTON BRIDGE AT COOKS CREEK AND TAKE APPROPRIATE ACTION Mayor Dodd explained that the Engineering Department is completing the final design on the Denton Road bridge at Cooks Creek. The proposed bridge will replace the existing deteriorated box culvert by the middle of March. The opening Vol. 54, Page 110. of the proposed structure will be approximately twice as wide as the existing opening, and it will slightly improve the Cooks Creek flow condition. The proposed structure could be widened in the future with minimum effort, cost, inconvenience, and interruption to traffic. The estimated construction cost would not exceed $150,000. The Mayor further explained that the City Engineer recommended that the fill permit be issued to the City and this project be advertised for bids at this time for expediency. Councilwoman Davis moved to approve a fill permit and authorize the advertisement for bids for the replacement of the Denton Drive bridge at Cooks Creek as per the City Engineer's recommendation. Councilman Phelps seconded the motion and all voted "aye". D.8 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 travel requests to be discussed. D.9 CITIZEN PARTICIPATION. No one wished to speak. MAYOR DODD ANNOUNCED THAT THE ITEMS ON THE AGENDA OF 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 PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. THE COUNCIL RECONVENED INTO GENERAL SESSION E.1 EXECUTIVE SESSION CONTINUED FROM STUDY SESSION. A. DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. REVIEW AND DISCUSS WITH CITY MANAGER REPORTS, POLICIES AND PROCEDURES RELATIVE TO THE FINANCE DEPARTMENT. 2. PERSONNEL REVIEW OF OTHER MANAGEMENT EMPLOYEES. B. DISCUSS LAND ACQUISITION - ARTICLE 6252-17, SEC. 2(f) 1. DISCUSS CONSIDERATION OF ACQUISITION OF PROPERTY RELATIVE TO STREIFF PROPERTY IN FARMERS BRANCH CREEK. A discussion was held on the above outlined items. Vol. 54, Page 111. THE COUNCIL RECONVENED INTO GENERAL SESSION. E.2 NO ACTION WAS NECESSARY ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. F.1 ADJOURNMENT. A motion by Councilman Weidinger, a second by Councilman Blair, all voting "aye", adjourned the City Council meeting of February 1, 1988 at 9:00 P.M.. ~I yor John Dodd'-'-J City Secretary Vol. 54, Page 112.