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1988-06-06 CC Minutesi CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 06/06/88 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Calla Davis Nancy Hardie Jeff Binford Bill Moses Herb Weidinger The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Director of Community Services City Engineer Director of Parks & Recreation Traffic Engineer Equipment Services Director Richard L. Escalante Steve Carpenter Gene Carlton Bob David Ruth Ann Parish Tom Scales Jerry Murawski John Burke Larry Cervenka Don Moore Mayor Blair called the City Council Meeting of June 6, 1988 to order at 7:30 p.m. The meeting was televised and the tape is filed for record. A.1 INVOCATION Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 CONSIDER ACCEPTANCE OF DONATION FROM THE CIVIC LEAGUE IN THE AMOUNT OF FIFTEEN HUNDRED DOLLARS. Mayor Blair gave the following information for consideration. The Civic League wishes to donate fifteen hundred dollars for the use in the Senior Adult Activity Center. The fifteen hundred dollars will be used to purchase a television, a television cart, a VCR and educational tapes. Vol. 55, Page 54 Parks & Recreation Director John Burke presented the check in the amount of $1,500.00 in behalf of the Civic League. A motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", accepted the donation in the amount of $1,500 from the Civic League to purchase a television, a television cart, a VCR and educational tapes for the use of the Senior Adult Activity Center. A.3 CONSIDER PROCLAIMING MONDAY, JUNE 6, 1988 AS "DISTRICT OF BASSETLAW, GREAT BRITAIN DAY" IN FARMERS BRANCH AND RECOGNIZE VISITORS AS HONORARY CITIZENS. Mayor Blair presented the following information: Seventeen students from the Tuxford School, ages 11-14, and three sponsors are currently visiting Farmers Branch for two weeks as a part of the Sister City Exchange Program between Farmers Branch and the District of Basgetlaw, Great Britain. The sponsors and students are staying with 20 different host families and will be participating in a number of "Texas-style" activities during the stay. Mayor Blair stated that the visitors arrived Sunday, May 29, 1988 and the girls would be leaving for home on Saturday, June 11, and the boys would leave on Wednesday, June 17th. Mayor Blair recognized the visitors and presented each with an honorary citizen of Farmers Branch certificate. Sponsors: Christine Carr, Judy Wright, Graham Curry Students: Maria Farrell, Beverly Jacobs, Georgina Miller, Lizzie Riley, Sara Sampson, Susan Taylor, Debbie Taylor, Liz Massey Adam Cook, Dylan Draper, Mathew Haywood, Chris Medley, Jamie Mellins, Daniel Rich, Steven Slater, Alistair Wilson, Nathan Garnett A.4 CONSIDER RECOGNIZING FIREMEN ON "A" SHIFT FOR COOKING LUNCH FOR THE SISTER CITY VISITORS ON JUNE 1, 1988 AT THE CENTRAL STATION, AND THE LIBRARY STAFF FOR AFTER- NOON REFRESHMENTS. Mayor Blair presented a certificate of appreciation to the Fire- men on "A" Shift for cooking lunch on June 1, 1988 and to the Library Staff for serving afternoon refreshments to the Sister City visitors. Fire Chief Jack Dyer accepted the certificate in behalf of the "A" Shift. Librarian Mary Jane Stevenson accepted the certificate in behalf of the Library Staff. A.5 PRESENTATION OF FORMAL INVITATION TO THE CITY COUNCIL BY THE FARMERS BRANCH CHAMBER OF COMMERCE TO THE JUNE 11, FOLKLORE FESTIVAL. Farmers Branch Chamber Chairman Michael Nerlinger and Bob Vol. 55, Page 55. Normington, the food manager of the Summit Hotel, served the Mayor and members of the City Council a hot dog and a root beer as an introduction of inviting the City Council to join in with the activities of the Folklore Festival that would be held on June 11, 1988 at the Historical Park. Mr. Nerlinger told of the events planned for that day and invited all citizens to attend. A.6 PRESENTATION OF CERTIFICATE OF APPRECIATION TO FORMER MUNICIPAL COURT JUDGE CARL SKIBELL FOR HIS MANY YEARS OF SERVICE. Mayor Blair stated that he found that recognition had not been given to Carl Skibell who had served as Municipal Court Judge for the city from February, 1963 until February, 1985. Mayor Blair presented Mr. Skibell with a certificate of appreciation for his service for this time as Municipal Court Judge. A.7a PRESENTATION OF SERVICE AWARDS LARRY STOVER OF THE EQUIPMENT SERVICES DEPARTMENT - 15 YEAR AWARD. Mayor Blair presented Larry Stover of the Equipment Services Department with a 15 year service award for his employment with the City. A.8 PRESENTATION OF BOARD APPLICATIONS. Mr. William H. Hinckley, 3285 Golfing Green, presented an advisory board application desiring to serve on the Zoning Board of Adjustments and Building Code Board of Appeals. Mayor Blair thanked Mr. Hinckley for his interest in the City and that his application would be placed for consideration. B.1 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION Mayor Blair 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. Councilwoman Davis made a motion to remove Item B.5 from the consent items and number it D.6a, and placed under the consent agenda Item C.10; and with these revisions, approved the following consent items. Councilwoman Hardie seconded the motion and all voted "aye". B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF Vol. 55, Page 56. MAY 9, 1988. B.2 APPROVED THE MINUTES OF COUNCIL MEETING OF MAY 16, 1988. B.3 ADOPTED RESOLUTION NO. 88-088 THAT AUTHORIZES THE CITY MANAGER TO ENTER INTO A LICENSING AGREEMENT WITH THE MISSOURI-KANSAS-TEXAS RAILROAD COMPANY PERMITTING THE CROSSING OF A 21-INCH SANITARY SEWER TRUNK MAIN WHICH EXTENDS FROM THE WICKER STREET PUMP STATION, WEST TO THE C.R.I.&P. RAILROAD. B.4 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF A 21-INCH SANITARY SEWER TRUNK MAIN IN COOKS CREEK FROM THE WICKER STREET PUMP STATION TO THE EAST RIGHT-OF-WAY OF THE C.R.I.&P. RAILROAD. C.10 APPROVED A SITE PLAN FOR A 11.51 ACRE TRACT OF LAND LOCATED NEAR THE NORTHWEST CORNER OF I-635 AND DALLAS NORTH PARKWAY AND WITHIN THE PLANNED DEVELOPMENT NO. 39 ZONING DISTRICT. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the various happenings and programs of the City Departments. C.2 PUBLIC HEARING: CONSIDER AMENDING THE ALLOWABLE USES WITHIN THE HISTORICAL PARK BY THE ADDITION OF NON DRIVE-IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW AND TAKE APPROPRIATE ACTION. Mayor Blair opened the public hearing by giving the following information from a memo from the City Staff: A "limited service" type restaurant is being considered for the Historical Park. The Historical Park is generally located south of Farmers Branch Lane between Ford Road and Denton Drive. Section 8-800 of the Zoning Ordinance provides for the creation of a Historical Landmark subdistrict within a zoning district. Additional uses may be allowed within the Historical Subdistrict, if enumerated in the ordinance establishing the Historic Landmark subdistrict, without affecting the uses throughout the entire zoning district. Ordinance 1773 has been prepared allowing a non drive-in restaurant without outside sales window to be located within the Dodson House. The Planning and Zoning Commission, by unanimous vote, recommends the addition of a Non Drive-In Restaurant within the Historical Park not be approved. Vol. 55, Page 57. Mayor Blair opened the discussion to the audience stating that this consideration was discussed in detail in the afternoon Study Session. It was brought out that through discussions that there must have been a misunderstanding between the citizens and the Historical Board in what was planned for the restaurant use and it is the desire of the Council to resolve this misunderstanding at this time. Mayor Blair stated that the city had invested a great amount of money to plan and improve the Historical Park for the use that would benefit the entire citizenry of the city. 1 Mayor Blair recognized the following who wished to speak on this item. 1. Mrs. Jerry Wilcox, 3342 Dorado Beach, Farmers Branch, a resident and member of the Historical Preservation and Restoration Board, spoke in favor of having a limited service type restaurant at the Historical Park. Mrs. Wilcox explained that from the beginning of the planning of the Historical Park there had been talk of plans for some type of a limited amount of food service facility. Reasons for having food service discussed were: generating funds for the operation of the park; encouragement of renting the church for weddings, socials, etc.; for convenience for tour participants, and for the attraction of tourist to the park. Mrs. Wilcox stated that the food would be prepared away from the park and catered in so there would not be odors of grease or food coming from the park. Mrs. Wilcox stated that the Historical Preservation and Restoration Board recommends that the use be granted. And further stated that the use is a practical use for the Dodson House since the former owner Maud Dodson has said that she would like for the house to be used in this manner and not be established as a museum. 2. George Grimmer, 3040 Eric Lane, Farmers Branch, spoke in support of having a restaurant at the Historical Park with limited amount of food service. Mr. Grimmer suggested that parking be prohibited on Farmers Branch Lane. Mr. Grimmer stated that he thinks the limited food service would benefit the park users and would enhance the surrounding properties. 3. Mrs. Mary Ann Chapman, 14466 Tanglewood Drive, Farmers Branch, a resident and member of the Historical Preservation and Restoration Board, supported the limited food service restaurant in the Historical Park for the benefit of all citizens in the city. Mrs. Chapman stated that the restaurant would enhance the park and would generate money for operating the park facilities. 4. Mrs. Alice Ellett, 3460 Chaparal Drive, Farmers Branch, supported the restaurant as recommended as it would encourage tourism, be an investment in the park and provide income to off set expenses for the use of the park. 5. Mrs. Inez Good, 2527 Farmers Branch Lane, Farmers Branch, who lives across the street from the park, supports the Vol. 55, Page 58. restaurant in the park with limited food service such as a tea room. Mrs. Good gave background information on the Dodson house and requested the use be approved. 6. Mr. Dean Nichols, 2922 Randy Lane, Farmers Branch, a volunteer tour guide at the park, supports the restaurant of some type to be in the park because of having refreshments available for the tour participants. 7. Ms. Tonya Akins, 2415 Valley View Lane, Farmers Branch, operator of beauty shop on Valley View Lane, supports the limited food service operation in the park. Ms. Akins stated that she has had customers saying there is a need for this at the park. 8. Mr. Hugh McWhorter, 3373 Dorado Beach, Farmers Branch, supported the food service in the park. 9. Mr. Vernon Smith, 2715 Bay Meadows Circle, Farmers Branch, supported the food service in the park. Mr. Smith stated that there was a misunderstanding of the information between the Planning and Zoning Commission and the citizens. 10. Ms. Kathleen Matsumura, 3938 Clubway Lane, Farmers Branch, supported limited food service in the park. 11. Mr. Frank Shor, 2715 Danny Lane, Farmers Branch, questioned the exact plans for the park, and what is meant by limited food service. Mr. Shor stated that there was lack of information given and asked who would be the subsequent operator if the first one fails and leaves; what would be the decor of the building that is to be for the restaurant. 12. Mr. Ran Bennett, 2515 Danny Lane, Farmers Branch, opposed commercialism of the Farmers Branch Historical Park, questioned of what may be put in next, and was concerned that if the park grows where are patrons going to park. 13. Mr. Alvin Thomas, 2668 Leta Mae, Farmers Branch, opposed the restaurant in the park stating that the house would not meet the code and that parking would be a problem. 14. Mrs. Julie Ann Branch, opposed the stated she did not in the park and if operation growing problem. Mrs. John, was of the park. Johnson, 2601 Farmers Branch Lane, Farmers restaurant in the park. Mrs. Johnson believe the restaurant would be successful were successful was concerned of the in size which would create a parking son questioned as to what the overall plan 15. Mrs. Emily Wilkins, 2523 Farmers Branch, Farmers Branch, questioned why use the Dodson House and not build a new building structure away from the park. Mrs. Wilkins opposed the restaurant use and was concerned of trash being blown from the the property into the residential neighborhood. Vol. 55, Page 59. 16. Mr. Brad Johnson, 2601 Farmers Branch Lane, Farmers Branch, opposed the use as a restaurant. 17. Mr. Irvin McKinnon, 2515 Farmers Branch Lane, Farmers Branch, opposed the restaurant and to any plan that will cause more traffic in the neighborhood. Mr. McKinnon was concerned about the parking of vehicles on the residential streets when an activity occurs at the park and of the debris that comes onto the residential property in the area. There being no one else wishing to speak, a motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", closed the public hearing. A discussion was held among the members of the City Council relating to the issues that had been addressed by the citizens. It was discussed that the citizens in the neighborhood needs to be informed of the master plan that has been adopted for the Historic Park. It was brought out that all building codes would have to be complied with by the City. The decor planned for the Dodson House is to be modified as close to the 1930's as possible. Another answer to a question was that the park was funded with Hotel/Motel tax because of the very limited uses of the funds that are allowed. Another issue discussed related that under the present zoning there is not a provision that would allow any type of food service use in the park, and because of plans discussed included a restaurant, the Council requested the Planning and Zoning Commission to consider this use in the zoning on this property. Further discussion of the Council related to scheduling meetings with the citizens, the Historical Board and the City Staff to tour and review the master plan for the park. A motion by Councilwoman Davis, a second by Councilman Weidinger, all voting "aye", instructed that this item be brought back before the Council at the first meeting in August and that in the meantime the City and the Historical Preservation and Restoration Board present full information on the plans for the Historic Park to the citizens in the area. C.3 PUBLIC HEARING: CONSIDER REQUEST OF TOWERWOOD MOTORS INC. FOR A SPECIFIC USE PERMIT FOR GENERAL ENGINE REPAIRS AT 3308 TOWERWOOD DRIVE AND WITHIN A LIGHT INDUSTRIAL ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair opened the public hearing by giving the following information from a memo from the City Staff: Towerwood Motors Inc. proposes to operate a paint and body shop as well as a general engine repair garage within the building located at 3308 Towerwood. The area is composed of warehouse type structures with no residential uses in the vicinity. The specific use permit is required only for the engine repair operation and not the paint and body shop. Vol. 55, Page 60. Ordinance No. 1772 has been prepared that requires all repair work to be conducted within the building and all vehicles to be kept inside the building if stored overnight. The Planning and Zoning Commission, by a 6-1 vote, recommends the SUP be approved as submitted. Mr. Sam Rida, representative from Towerwood Motors, Inc., was present in behalf of the request. There being no one else wishing to speak on this item, a motion by Councilman Weidinger, a second by Councilwoman Davis, all voting "aye", closed the public hearing. After a brief discussion, a motion by Councilman Binford, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 1772 that grants a Specific Use Permit for general engine repairs at 3308 Towerwood Drive: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR "GENERAL ENGINE REPAIRS" ON PROPERTY LOCATED AT 3308 TOWERWOOD DRIVE AND WITHIN A LIGHT INDUSTRIAL ZONING DISTRICT; ESTABLISHING CONDITIONS OF OPERATION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. C.4 PUBLIC HEARING: CONSIDER AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY DEFINING MOBILE FOOD PREPARATION VEHICLES; BY ADDING MOBILE FOOD PREPARATION VEHICLES TO THE USE CHART; AND BY PROVIDING STANDARDS OF OPERATION AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Planning and Zoning Commission considered this request on May 23, 1983. The Commission requested additional information, relating to fire safety and problems encountered in California, before making a recommendation to the City Council. The Planning and Zoning Commission continued this item to the June 13, 1988, meeting. The Comprehensive Zoning Ordinance requires a recommendation by the Commission, prior to action being taken by the Council, on all zoning amendments. A motion by Councilwoman Hardie, a second by Councilman Weidinger, all voting "aye", continued this public hearing until June 20, 1988. C.5 PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE PLANNED DEVELOPMENT NO. 35 ZONING DISTRICT PARKING STANDARDS Vol. 55, Page 61. FROM A RATIO OF 1:300 SQUARE FEET FOR OFFICE USES TO 1:333 SQUARE FEET AND TAKE APPROPRIATE ACTION. Mayor Blair opened the public hearing by giving the following information from a memo from the City Staff: The current parking ratio for Office uses in PD-35 is one parking space for each 300 square feet of building floor area. An amendment has been proposed to change the ratio to 1 parking space for each 333 square feet of building floor area. The amendment will make the parking ratio consistent with three other PD zones in the immediate area and with other more recently established PD zones. The Planning and Zoning Commission, by unanimous vote, recommends the parking ratio be amended as proposed. There being no one wishing to speak on this item, a motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", closed the public hearing. A motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", adopted the following captioned ordinance No. 1771 that amends the Planned Development No. 35 Zoning District parking standards from a ratio of 1:300 square feet for office uses to 1:333 square feet: 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 ORDINANCE NO. 1392 WHICH ESTABLISHES THE DEVELOPMENT STANDARDS FOR PLANNED DEVELOPMENT DISTRICT NO. 35, BY AMENDING THE REQUIRED PARKING RATIO FOR OFFICE USES FROM 1 SPACE FOR EACH 300 SQUARE FEET TO 1 SPACE FOR EACH 333 SQUARE FEET OF OFFICE SPACE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. C.6 PUBLIC HEARING: CONSIDER AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY DEFINING TEMPORARY CARNIVAL OR CIRCUS AND AMENDING THE USE CHART AND TAKE APPROPRIATE ACTION. Mayor Blair opened the public hearing by giving the following information from a memo from the City Staff. Currently, a "Temporary Carnival or Circus" is allowed in the following districts: LR-1, LR-2, C, LI, HI, without first obtaining approval from the City Council. An ordinance has been prepared which defines "Temporary Carnival or Circus" and would permit these activities in any zoning district provided the event is approved by a resolution of the Vol. 55, Page 62. City Council. The approval by resolution is the same procedure as required for a "Temporary Use of Civic or Philanthropic Nature". The Planning and Zoning Commission, by unanimous vote, recommends the Comprehensive Zoning Ordinance not be amended. There being no one wishing to speak on this item, a motion by Councilman Moses, a second by Councilman Weidinger, all voting "aye", closed the public hearing. After discussion of the decision of the Planning and Zoning commission; and, of providing more control of the type of carnivals that would be permitted to set up in the city, a motion by Councilman Moses, a second by Councilman Weidinger, all voting "aye", adopted the following captioned Ordinance No. 1770 that defines temporary carnival or circus and amends the Use Chart: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED; BY AMENDING SECTION 8-114 RELATING TO A TEMPORARY CARNIVAL OR CIRCUS; BY AMENDING SECTION 8-700 RELATING TO DEFINITIONS AND EXPLANATIONS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. C.7 DISCUSS AND CONSIDER PETITION FROM CITIZENS RELATING TO SINGLE MEMBER DISTRICTS AND TAKE THE APPROPRIATE ACTION Mayor Blair recognized Mr. Merv Cassatt, Chairman of Citizens for Equal City Representation, who had requested that this item be placed on the agenda. Mr. Cassatt introduced Marty Giehrl of 3404 Bevann. Mr. Giehrl stated that he spoke in behalf of the Citizens for Equal City Representation. Mr. Giehrl stated that on May 25th, 1988 he submitted to the City Secretary of the City of Farmers Branch some 733 signatures of citizens that requested the citizens be provided the opportunity for a referendum vote on whether Farmers Branch citizens are for or against single member voting districts for the election of City Council members. Mr. Giehrl requested the Mayor and City Council to approve this petition and expedite bringing this single issue in its proper form before the voting citizens of Farmers Branch in an election to be held on August 13, 1988 which is the next uniform election date prescribed by the State Election Code. Mr. Giehrl continued that to deny this petition on some technicality is to deny the right to vote not only to the 800 Vol. 55, Page 63. citizens who have signed the petition but to the approximately 14,000 registered voters in Farmers Branch who may want to exercise their right to vote. Mr. Cassatt distributed information from the Secretary of State's office to the Council and reviewed information that was contained in the information. Mr. Vernon Smith, 2715 Bay Meadows, reported that he had tried to get wording for the petition from the City Attorney and was denied by the City Manager to do so. Mr. Smith reported that the wording on the petition is the exact wording that appeared on the issue in Grand Prairie. Mr. Ray Flaherty, 13220 Challaburton, Farmers Branch, commented that he has been active in the community and is interested in the affairs of the City. He stated that you do not have to call an election to vote on the right to vote. Mayor Blair stated that he was not against giving the opportunity to anyone the right to vote. Mayor Blair further explained that the question would change the wording in the charter and he believed the charter was in need of some changes in other areas. Mayor Blair suggested that a Task Force be formed to look at the charter with the objective of suggesting revisions. The charter has not been changed in approximately seven (7) years. If this particular issue is voted upon this year then other changes in the charter can not be voted upon for two (2) years. According to State Law charter revisions cannot be made but every two (2) years. Mayor Blair explained that the options for consideration were: (1) have a referendum vote to change the charter; (2) study the charter and vote on revisions; or, (3) have a vote to change the charter on the one item which would prohibit the opportunity to change the charter for two (2) years. Mr. Giehrl commented that he would like to have the right to vote. Mr. Vernon Smith commented that the charter has had only three revisions since existence and asked if this issue could be considered not and the other revisions later. There followed a discuss between Mr. Cassatt and the City Attorney relating to the wording on the petitions that were filed with the city. Mrs. Emma Deckard, 12918 Epps Field Road, Farmers Branch, commented that she signed the petition and would like for the citizens to have the right to vote. Mrs. Mildred Rogers, 14444 Shoredale, requested that the Council give the citizens the right to vote. Vol, 55, Page 64. Mr. George Grimmer, 3040 Eric Lane, Farmers Branch, spoke in favor of studying the charter for revisions. Mr. Bob Phelps, 3321 Becket Ridge Court, Farmers Branch, encouraged the Council to appoint a committee to study the charter. There was discussion among the members of the Council that related to the forming of a committee to study the charter and present recommendations for revisions and of the date of the third Saturday in January for an election on the revisions. A motion by Councilwoman Davis, a second by Councilwoman Hardie, all voting "aye", that the City Council form a citizens committee to review the charter; that single member districts be one of the issues this committee look at as well as other issues and that this action be brought back before the Council in time to set an election the 3rd Saturday in January. After some discussion of holding the petition, Mr. Cassat stated he would pick up on Wednesday the original petition from the City Secretary and file it with the Secretary of State. C.8 CONSIDER APPOINTING AN OUTSTANDING WOMAN OF THE YEAR FOR FARMERS BRANCH AS REQUESTED BY THE WOMEN'S CHARITY ORGANIZATION OF THE METROCREST AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Women's Charity Organization of the Metrocrest has asked the Council to select a woman who has contributed to the quality of life in Farmers Branch. This woman will be honored at a luncheon for her outstanding contributions to her community. Mayor Blair recognized Mrs. Cinda Bowers from the Women's Charity Organization. Mrs. Bowers presented the request that the Council select a woman who has contributed to the quality of life in Farmers Branch. Mrs. Bowers requested that this be done by July 1, 1988 because of publicity in the announcements for picture taking and advertising of the charity luncheon that will be held September 9, 1988 at the Grand Kempinski Hotel. Mrs. Bowers stated that the proceeds from the charity luncheon will be benefiting the Metrocrest Area Rehabilitation Center this year. Mrs. Bowers encouraged the Council to purchase a table or two as has in the past. The cost per table is $300.00. Mayor Blair stated that the Council will be submitting names for consideration and one would be selected before July 1. There was discussion by the City Council of placing an item on Vol. 55, Page 65. the agenda of June 20, 1988 to consider the purchase of tickets for the Charity Women's Organization luncheon. C.9 SITE PLAN: CONSIDER REQUEST FOR APPROVAL OF A GENERAL BUSINESS SIGN AT 14221 INWOOD ROAD AND LOCATED WITHIN THE PLANNED DEVELOPMENT NO. 27 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The applicant proposes to erect a 132 square foot general business sign at 14221 Inwood Road. The sign will be 30 feet in height. An amended site plan, showing the sign location and size, must be approved prior to the issuance of a sign permit in the PD-27 zoning district. The Planning and Zoning Commission, by a 6-1 vote, recommends the site plan be approved as submitted. Mr. Jim Callicott of Federal Sign Company in Arlington, Texas, came forward in behalf of the request. After a brief discussion, a motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", adopted Resolution No. 88-086 that approved a site plan for a general business sign located at 14221 Inwood Road. C.10 CONSENT ITEM. C.11 DISCUSSION OF REQUEST BY CENTRE DEVELOPMENT AND BROOKHAVEN COLLEGE FOR PARTICIPATION BY THE CITY OF FARMERS BRANCH IN THE INSTALLATION OF A TRAFFIC SIGNAL AT ALPHA AT MCEWEN. Mayor Blair presented the following information for consideration. Centre Development and Brookhaven College have requested that the City participate in the cost of the installation of a traffic signal at Alpha and McEwen. The estimated cost of the installation of a traffic signal at Alpha and McEwen is $45,000.00. The City Staff recommends that the City participate in one-third (1/3) of the cost of the installation of a traffic signal at Alpha at McEwen in the amount of $15,000.00. Mayor Blair recognized Mrs. Patsy Fulton, President of Brookhaven College. Mrs. Fulton presented the request for the traffic light at McEwen and Alpha Roads. Mrs. Fulton stated there was need for the light and would benefit the College, Centre Development and the City and requested that the expense be divided among the three. Mr. Larry Cervenka, Traffic Engineer, stated that there was a need for a light at this location and Centre Development has agreed to participate in the cost. A motion by Councilman Weidinger, a second by Councilman Binford, all voting "aye", instructed the City Staff to draft Vol. 55, Page 66. a resolution that would provide the participation of one-third (1/3) of the cost of a traffic light at Alpha at McEwen. C.12 CONSIDERATION OF A REQUEST BY DOJOS, EDDIE SMITH, ANDcTHE LOCAL MERCHANTS OF FARMERS BRANCH TO CONDUCT A CIVIC AND PHILANTHROPIC USE AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. JoJos, Eddie Smith and the local merchants of Farmers Branch have requested this civic and philanthropic use to generate proceeds which will be donated to charities. The festival will be located on the parking lot of JoJos at 13233 Stemmons Freeway on Sunday, June 12, 1988 from 11 a.m. to 6 p.m. The proposed location is in the PD-25 zoning district. The zoning ordinance allows uses of a Civic and Philanthropic nature in any zoning district of the City when approved by resolution of the City Council. Resolution No. 88-089 has been prepared for consideration that will allow the use at the designated location. Mr. Eddie Smith, 13019 Glenside, stated that he has support of some of the local merchants to have the function that would be of benefit to the Police Department: such as the Scholarship Fund, Explorer Scouts and other programs of the Department. Mr. Smith informed that he hoped this would be of success and would continue on an annual basis. Mr. Smith introduced Mrs. Terry Strauss of JoJos. Mrs. Strauss stated that the activity was to be a Strawberry Festival with strawberries being served with various foods. After some discussion, a motion by Councilman Weidinger, a second by Councilman Binford, all voting "aye", adopted Resolution No. 88-089 that approved the request of JoJos, Eddie Smith and local merchants to conduct a Civic and Philanthropic Use in the parking lot of JoJos restaurant at 13233 Stemmons Freeway on Sunday, June 12, 1988 from 11:00 a.m. to 6:00 p.m.; and, that the proceeds go to the Police Scholarship Fund, the Explorer Scouts and other Police Department related programs. C.13 CONSIDER A REQUEST OF CENTRE BUILDING JOINT VENTURE NO. 5 TO BE RELEASED FROM THE COVENANTS AND OBLIGATIONS OF A DEVELOPER'S CONTRACT AND TAKE APPROPRIATE ACTION. Mayor Blair stated that this item had been removed from the agenda. C.14 CONSIDER RESPONSE TO THE HYDROGEOLOGIC INVESTIGATION REPORT SUBMITTED TO THE TEXAS WATER COMMISSION BY THE ZOECON CORPORATION AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Vol. 55, Page 67. Zoecon has concluded a groundwater investigation study that includes a portion of City property. The study concludes there is no groundwater contamination on the City property. City Staff feels the conclusion should be different and additional testing should be required. The City Staff recommends that the City Council request the Texas Water Commission to require additional piezometers be installed on City property to confirm the conclusion of the investigation and report. Mayor Blair recognized Mrs. Diana Dutton, Attorney for Zoecon, Inc. Mrs. Dutton introduced Mr. Richard Bost, Environmentalist with ERM/Southwest. Mrs. Dutton and Mr. Bost summarized the report. Mr. Tom Scales, Director of Community Services, commented that the City of Farmers Branch had reviewed the report and it appears that the objectives of the Order of November 13, 1987 of the Texas Water Commission have not been fulfilled in regard to assessing groundwater contamination. Mr. Scales stated that the Staff requests additional piezometers in the park for groundwater evaluation. After some discussion, a motion by Councilman Weidinger, a second by Councilman Moses, all voting "aye", directed the City Manager to prepare the appropriate document requesting the Texas Water Commission to direct Zoecon corporation to install additional piezometers on City property at proper locations to confirm the findings of the soil gas survey and the conclusions of the report. C.15 CONSIDER ADOPTING RESOLUTION NO. 88-072 AUTHORIZING A SOLO AUTO SPORT EVENT AS A CIVIC AND PHILANTHROPIC USE TO BE CONDUCTED BY THE FARMERS BRANCH CHAMBER OF COMMERCE ON JUNE 11, 1988 AT THE PARKING LOT OF METRO SQUARE OFFICE PARK AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. On February 15, 1988, the City Council approved a motion supporting the activities of the Folklore Festival, including a Solo Auto Sports event conditioned upon the necessary insurance being approved by the City Attorney. The Solo event will be conducted in the Metro Square Office complex area and not on Park property. To comply with the city zoning ordinance, a resolution approving the event is required. Resolution No. 88-072 has been prepared authorizing the event. Mayor Blair recognized Mr. Bill Hamilton of the Farmers Branch Chamber of Commerce. Mr. Hamilton was present in behalf of the consideration. Vol. 55, Page 68. A motion by Councilwoman Davis, a second by Councilwoman Hardie, all voting "aye", adopted Resolution No. 88-072 that authorized a Solo Auto Sport Event as a Civic and Philanthropic Use to be conducted by the Farmers Branch Chamber of Commerce on June 11, 1988 at the parking lot of Metro Square Office Park. D.1 DISCUSS AND CONSIDER THE CITY COUNCIL'S POSITION ON THE DART REFERENDUM AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated he placed this on the agenda for discussion since the city in the past supported the Dallas Area Rapid Transit (DART) Service Plan. A discussion was held among the members of the Council relating to the support of Mass Transit and of the need for a plan that would benefit this area. Councilman Moses stated he could not support DART because he feels the citizens are not getting their money's worth. Mr. Ray Flaherty, 13220 Challaburton, Farmers Branch, supported the question and mass transit in general. Mr. Flaherty stated that the City is represented by Mr. Berry Grubbs who is well informed and looking out for the best interest for Farmers Branch. Mr. Berry Grubbs, Farmers Branch representative on the DART Board, commented that he believes the system is good for Farmers Branch and would be a sound financial plan. Mr. Grubbs encouraged that the Council pass a resolution in support of the June 25th election. Mr. Jim Colt, 14715 Cherry Hills, Farmers Branch, opposed the issue and stated that he cannot see Farmers Branch getting its money's worth with the money being spent on offices and empty buses. After more discussion, Councilman Weidinger made a motion instructing the City Staff to draft a resolution for consideration that would be in favor of the June 25 referendum. Councilwoman Hardie seconded the motion. The motion carried 4 to 1 with Councilmembers Weidinger, Hardie, Davis and Binford voting "aye" and Councilman Moses voting "nay". D.2 CONSIDER ADOPTING RESOLUTION NO. 88-085 COMMITTING THE CITY TO DONATE RIGHT-OF-WAY FOR THE CONNECTION OF SH 161 AND SH 190. Mayor Blair presented the following information for consideration. On April 18, 1988, the City Council adopted Resolution No. 88-063 supporting the proposed connection of SH 161 and SH 190 with an alignment along the inside of the Farmers Branch-Carrollton Flood Control levee. The commitment to donate the necessary right-of- way moves the project closer to approval and acceptance by the Vol. 55, Page 69. Texas Highway Commission. Resolution No. 88-085 provides the commitment to donate approxi- mately 9.5 acres from the 79 acre tract of City property on Valley View, east of the river. The commitment is requisite on final approval of the plans and right-of-way required as well as a fully directional interchange with Valwood Parkway. The City Manager is also authorized to execute the City's letter of intent for the Texas Highway Commission. The City Engineer recommends adoption of Resolution No. 88-085 committing the City to donate right-of-way for the connection of SH 161 and SH 190. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", adopted Resolution No. 88-085 that provides the commitment to donate approximately 9.5 acres from the 79 acre tract of city property on Valley View Lane, east of the river, for right-of-way of the SH 161 and SH 190 connection. D.3 CONSIDER REINSTATING TOUR FEES AS OF JULY 1, 1988 AND DESIGNATING ALL REVENUE GENERATED BY THE HISTORICAL PARK TO GO INTO A SPECIAL ACQUISITION FUND. Mayor Blair presented the following information for consideration. From April 1987 to January 1988, tour fees for the Historical Park were $1.00 for adults and .50 for youth 7-17 and Senior citizens over 55. By Council Resolution 88-017, tour fees were discontinued. The Historical Preservation and Restoration Board recommends reinstating the tour fees as of July 1, 1988. They further recommend that all revenue generated by the park go into a special fund set up in Resolution 88-017 section 2 to be used for the purchase of artifacts and furnishings for structures within the Historical Park. The Historical Preservation and Restoration Board recommends that tour fees be reinstated as of July 1, 1988 with all revenue generated to go into a special fund as set up in Resolution 88-017 section 2 to purchase artifacts and furnishings for structures within the Historical Park. A motion by Councilman Binford, a second by Councilman Moses, all voting "aye", reinstated the tour fees for the Historical Park as of July 1, 1988, with all revenues generated to go into a special fund as set up in Resolution 88-017 Section 2 to purchase artifacts and furnishings for structures within the Historical park. D.4 CONSIDER ADOPTING RESOLUTION NO. 88-091 ENTERING INTO AN INTERLOCAL AGREEMENT WITH THE TOWN OF ADDISON FOR THE PRELIMINARY DESIGN OF THE EASTSIDE SANITARY SEWER INTERCEPTOR TUNNEL AND TAKE APPROPRIATE ACTION Mayor Blair presented the following information for consideration. Farmers Branch and Addison share common drainage basins in which Vol. 55, Page 70. sanitary sewer mains are located, namely Rawhide Creek and Farmers Branch Creek. The lines are at capacity and unable to support additional growth in both cities. A feasibility study performed in March, 1987, identified a tunnel interceptor as the desirable remedy to relieve the overtaxed lines and handled future growth. The presented interlocal agreement with Addison provides the cooperative mechanism to provide for the preliminary design to identify costs of design, operation, maintenance, and construc- tion. The attached briefing paper provides additional informa- tion. The agreement commits both cities to share the cost for the preliminary design. The 1987-88 Non-bond Capital Improve- ment Program Budget contains $40,000 for Farmers Branch's share. The City Engineer recommends adoption of Resolution No. 88-091 entering into an interlocal agreement with Addison for the preliminary design of the eastside sanitary sewer interceptor tunnel. A motion by Councilwoman Davis, a second by Councilwoman Hardie, all voting "aye", adopted Resolution No. 88-091 that enters into an interlocal agreement with Addison for the preliminary design of the eastside sanitary sewer interceptor tunnel. D.5 CONSIDER APPROVAL OF INTERIOR COLORS FOR THE NEW CITY HALL BUILDING AND TAKE APPROPRIATE ACTION Mayor Blair presented the following information for consideration. Approval is being requested from the City Council on colors and materials for the new City Hall Building as presented at the June 6, 1988 study session. A list is presented of these colors and materials. Exact manufacturers and/or lot numbers are not shown for all materials. Staff recommends the approval of the colors and materials for the new City Hall Building as presented. A motion by councilman Binford, second by Councilman Weidinger, all voting "aye", approved the colors and materials for the new City Hall Building as presented by F & S Architects at the Study Session of this day. D.6 CONSIDER ADOPTING RESOLUTION NO. 88-084 AWARDING SIMONTON ROAD PARTIAL RECONSTRUCTION TO PARMOUNT CONCRETE CONSTRUCTION, INC. FOR $56,977.35 AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Simonton Road Partial Reconstruction is part of the Non-Bond Capital Improvements Program. Funding for this project is available in the amount of $125,000.00 from the 1983-1985 Street Replacement Program. Bids were received on Friday, May 13, 1988. Four (4) qualified bids were received with the low bid from Parmount Concrete Con- Vol. 55, Page 71. struction, Inc. for $56,977.35. A reference check of work performed by Parmount Concrete Construc- tion, Inc. indicates that they have performed adequately on similar projects. The City Engineer recommends that the Simonton Road Partial Reconstruction bid be awarded to Parmount Concrete Construction, Inc. for $56,977.35 by adopting Resolution No. 88-084. A motion by Councilwoman Davis, a second by Councilwoman Hardie, all voting "aye", adopted Resolution No. 88-084 that approves the bid of Parmount Concrete Construction, Inc. in the amount of $56,977.35 for Simonton Road partial reconstruction with the funds expended from the 1983-1985 Street Replacement Program. D.6a CONSIDER ADOPTING RESOLUTION NO. 88-083 AWARDING COX PARK LIGHTING TO GROVES ELECTRIC FOR $34,400.00 AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Cox Park Lighting is a portion of Bond Project P-17. The lighting is needed for the new soccer field and will complete Cox Park Improvements. There is $50,000.00 budgeted for the lighting. The anticipated completion date is September 1, 1988. Three qualified bids were received with the low bid from Groves Electric for $34,400.00. The City Engineer recommends the bid go to the low bidder. A motion by Councilwoman Hardie, a second by Councilman Moses, all voting "aye", adopted Resolution No. 88-083 that awards the bid for the Cox Park lighting to Groves Electric in the amount of $34,400.00. D.7 DISCUSS SCHEDULE FOR CITY COUNCIL MEETING DATES IN JULY AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The first regularly scheduled meeting date for July falls on July 4th. As this is a city holiday the City Council may wish to reschedule the first meeting in July. After some discussion, a motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", set the meeting dates in July to be July 5 and July 18, 1988.] D.8 CONSIDER APPOINTING THE COUNCIL TRAVEL AUDIT COMMITTEE AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated that it had been the practice of the Council to appoint two members of the City Council to audit all travel and reimbursement requests that are submitted by Councilmembers for Vol. 55, Page 72. expenses that have been incurred representing the City. After some consideration, a motion by Councilwoman Hard second by Councilwoman Davis, all voting "aye", appoint Binford and reappointed Herb Weidinger to serve as the Audit Committee. D.9 CONSIDER COUNCIL TRAVEL REQUESTS AND TAKE THE APPROPRIATE ACTION. ie, a ed Jeff Council This item is placed on the agenda for Council discussion and consideration. Mayor Blair stated that there was a meeting on July 15 in Austin with the Texas Department of Highways to discuss the west loop. Councilwoman Hardie stated that she would like to attend the North Central Texas Council of Governments Budget Process Workshop on June 30, 1988 that is to be held in Arlington, Texas. A motion by Councilman Weidinger, a second by Councilman Moses, all voting "aye", approved as allowable trips for the members of the City Council to attend the Texas Highway Commission meeting in Austin on July 15, 1988, and, the North Central Texas Council of Governments Budget Process Workshop on June 30, 1988 in Arlington, Texas. D.10 CITIZEN PARTICIPATION. Mayor Blair recognized Mr. Vernon Smith, 2715 Bay Meadows Circle, Farmers Branch. Mr. Smith express concerned of several incidents of crime that have occurred in his neighborhood and encouraged more patrol. City Manager Richard Escalante stated that the concerns have been reported to the Police Department and they have been instructed to close patrol the area. MAYOR BLAIR 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) 1. DISCUSS APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION. 2. DISCUSS APPOINTMENTS TO THE LIBRARY BOARD. 3. DISCUSS APPOINTMENT TO THE VACANCY ON THE ZONING BOARD OF ADJUSTMENTS AND BUILDING CODE Vol. 55, Page 73. BOARD OF APPEALS. 4. DISCUSS APPOINTMENT OF MUNICIPAL COURT JUDGE. 5. REVIEW AND DISCUSS WITH CITY MANAGER REPORTS, POLICIES AND PROCEDURES RELATIVE TO THE CITY MANAGER'S OFFICE. Appointments to the various positions as stated in 1, 2, 3 & 4 were discussed in the Executive Session. The City Manager reviewed and discussed reports, policies and procedures relative to the City Manager's office. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilwoman Davis, a second by Councilwoman Hardie, all voting "aye", reappointed Ron Pyle, Joe Byrd and Kathy Ingle to serve another term on the Planning and Zoning Commission. The term is to expire May 1, 1991. A motion by Councilwoman Hardie, a second by Councilman Moses, all voting "aye", reappointed Dorothy Leckie, Jo Anne Wolfe and Olivia Nichols to serve another term on the Library Board. The term is to expire May 1, 1990. A motion by Councilman Weidinger, a second by Councilman Binford, all voting "aye", appointed James Deckard to serve Place 4 on the Zoning Board of Adjustments and Building Code Board of Appeals for term to expire December 1, 1989; and appointed Bill Hinckley to serve as Alternate Place 2 on the Zoning Board of Adjustments and Building Code Board of Appeals for a term to expire December 1, 1990. A motion by Councilman Weidinger, a second by Councilwoman Davis, all voting "aye", reappointed Arthur Skibell to serve as the Municipal Court Judge. F.1 ADJOURNMENT. A motion by Councilman Weidinger, a second by Councilman Binford, all voting "aye", adjourned the City Council meeting of June 6, 1988 at 12:07 A.M.. Q au~ Nxv~, Mayor Dave Blair 4~ av,~ /4,~z City Secretary Vol. 55, Page 74.