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1988-07-05 CC Minutes (2)CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JULY 5, 1988 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers 0 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 Assistant City Engineer Director of Parks & Recreation Traffic Engineer Recording Secretary Richard L. Escalante Steve Carpenter Gene Carlton Bob David Ruth Ann Parish Tom Scales Mark Pavageaux John Burke Larry Cervenka Elizabeth Nickelson Mayor Blair called the City Council Meeting of July 5, 1988 to order at 7:29 p.m. The meeting was televised. A.1 INVOCATION Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 CONSIDER PROCLAIMING JULY AS PARKS AND RECREATION MONTH IN FARMERS BRANCH. Mayor Blair presented the following information: The National Parks and Recreation Association has declared July as National Parks and Recreation month. To emphasize National Parks and Recreation month on a local level, the City of Farmers Branch will be joining 4200 other cities across the nation and proclaim the month of July as National Parks and Recreation month. The Parks and Recreation Department recommends proclaiming July as National Parks and Recreation month. VOL. 55, Page 94 John Burke, Director of Parks and Recreation was recognized and commended for his efforts in improving the quality of leisure services and park facilities throughout the City of Farmers Branch. A motion by Mayor Pro Tem Davis, a second by Councilwoman Hardie, all voting voting "aye", proclaimed July as Parks and Recreation month in Farmers Branch. A.3 PRESENTATION FROM THE FOCUS FARMERS BRANCH LEADERSHIP PROGRAM CLASS OF THE FARMERS BRANCH BRANCH CHAMBER OF COMMERCE. Mayor Blair recognized Mr. Jim Shafer of 4100 McEwen, Suite #174, Farmers Branch, Texas who was representing the Farmers Branch Chamber of Commerce Leadership Class. Mr. Shafer presented the City Council with current Class Annuals. The two-year old program presently has 38 graduates. Mr. Ivan Martinez, Class President, thanked the Council for the support the City has given this program. Mrs. Kathleen Matsumura presented a resolution from the class to the Council for consideration of adoption. The resolution proposed the forming of a committee to consider items for the future of the City such as recommended by the Focus Farmers Branch Committee. A.4 CONSIDER ACCEPTANCE OF DONATION BY THE TEXAS EMPLOYMENT COMMISSION TO THE CITY OF FARMERS BRANCH. Mayor Blair presented the following: The Texas Employment Commission, 1713 Trinity Valley, Carrollton, Texas wishes to donate approximately sixty-six (66) assorted, upholstered side and desk chairs. These chairs are being replaced by the Texas Employment Commission. A motion by Councilman Weidinger, a second by Councilman Moses, all voting "aye" accepted the donation by the Texas Employment Commission of sixty-six (66) assorted, upholstered side and desk chairs. A.5 PRESENTATION OF SERVICE AWARDS Mayor Blair presented employee service awards to the following: Luke M. Clayton of the Engineering Department - 10 Year Award Ed Henry of the Police Department - 20 Year Award Ruth Ann Parish of the City Administration Office - 20 Year Award. A.6 PRESENTATION OF BOARD APPLICATIONS. VOL. 55, Page 95 Mayor Blair stated that this item is placed on each agenda to give the citizens an opportunity to present board applications to the City Council. Mayor Blair then recognized: Mr. Curtis Flatt, 2867 Maydelle, Farmers Branch, Texas, presented an application to Council desiring to serve on the Farmers Branch Historical and Preservation Board. Mrs. Lavern Gilbert, 13921 Janwood Lane, Farmers Branch, Texas, presented an application desiring to serve on the Farmers Branch Historical and Preservation Board. Mrs. Gilbert also expressed an interest in serving on either the Library or Parks and Recreation Board. A.10 CONSIDER THE FOLLOWING AS CONSENT ITEM AND TAKE THE APPROPRIATE ACTION. ITEM B.1 - B.6. 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. 1 At the request of Texas, Item B.6 was the vote by Council. A motion by Mayor Binford, all votini items. B.1 APPROVED 1988. Jay Soloman, 17119 Knots Landing, Dallas, removed from the Consent Agenda, prior to Pro Tem Davis, a second by Councilman I "aye" approved the following consent THE MINUTES OF COUNCIL MEETING OF JUNE 20, B.2 ADOPTED RESOLUTION NO. 88-106 AUTHORIZING PARTIAL RELEASE OF COVENANTS OF A DEVELOPER'S CONTRACT WITH JIM GERMANY FOR GERMANY PLACE ADDITION. B.3 APPROVED THE LOBBY STAIRS AND INFORMATION DESK FOR THE NEW CITY HALL. B.4 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR FIRE STATION NO. 2 PARKING LOT IMPROVEMENTS AND CONSTRUCTION OF MANSKE LIBRARY SIDEWALK. B.5 ADOPTED RESOLUTION NO. 88-104 AUTHORIZING EMERGENCY ACQUISITION FOR AIR-CONDITIONING UNIT FOR POLICE BUILDING. VOL. 55, Page 96 B.6 CONSIDER ADOPTING RESOLUTION NO. 88-103 REJECTING ALL BIDS PERTAINING TO THE TELEPHONE COMMUNICATION SYSTEM FOR AND TAKE APPROPRIATE ACTION Mayor Blair recognized Mr. Jay Soloman,of 17119 Knots Landing, Dallas, Texas, representing Universal Communication Service. The City Council heard his request to table this item for a period of one week to enable his company (the apparent low bidder) to re-structure their proposal to guarantee their price commitment for a period of five years. The City Council discussed his request and was concerned that should he be allowed to re-structure his proposal, then all bidders should have the same opportunity. A motion by Councilman Weidinger, a second by Councilwoman Hardie, all voting "aye", adopted Resolution 88-103 rejecting all bids pertaining to the telephone communication system, and authorizing the re-advertisement for bids. C.1 CITY MANAGER REPORTS. City Manager Richard L. Escalante gave an informative report of the various happenings and programs of the City Departments. C.2 PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE PLANNED DEVELOPMENT NO. 33 ZONING DISTRICT TO PERMIT AUTOMOTIVE REPAIR FACILITIES WITHIN THE DISTRICT AND TAKE APPROPRIATE ACTION. Councilman Moses excused himself from the Council Chambers due to a possible conflict of interest. The appropriate document was filed with the City Secretary. Mayor Blair opened information. Paul Planned Development permit automotive White's propose to repair facility at District. the public hearing by giving the following and Ben White are requesting that the No. 33 Zoning District be amended to repair facilities within the district. The operate a retail tire store and automotive 2409 Valwood Parkway in the PD-33 Zoning The Planning and Zoning Commission recommended that PD-33 be amended to allow automotive repair facilities by Specif Use Permit within the zoning district. Mayor Blair recognized Mr. Paul White who presented an overview of their plans to landscape the property as well as their intentions to run a reputable business reflecting on the VOL. 55, Page 97 stability of having operated for four years within the City of Farmers Branch. There being a motion by Councilman Weidinger, a second by Mayor Pro Tem Davis, all voting "aye", closed the public hearing. After some discussion regarding the landscaping plans and the screening of overnight parked vehicles, a motion by Councilman Weidinger, a second by Mayor Pro Tem Davis, all voting "aye", adopted the following captioned Ordinance No. 1780 amending the planned development No. 33 zoning district. 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 INDICATE AUTOMOTIVE REPAIR FACILITIES AS SO AS TO INDICATE AUTOMOTIVE REPAIR FACILITIES AS A PERMITTED USE REQUIRING A SPECIFIC USE PERMIT IN THE PLANNED DEVELOPMENT NO. 33 ZONING DISTRICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. Councilman Moses returned to the Council Chamber. C.3 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 1779 ADOPTING A CITY WIDE MASTER THOROUGHFARE PLAN FOR FARMERS BRANCH AND TAKE APPROPRIATE ACTION Mayor Pro Tem. Davis excused herself from the Council Chambers due to a possible conflict of interest. The appropriate document was filed with the City Secretary. Mayor Blair opened the public hearing and recognized City Manager Richard Escalante who presented an informative overview of the proposed master thoroughfare plan. A city wide thoroughfare plan is needed to provide a transporta- tion system for current traffic demands and those demands generated by future commercial developments. It is a first step in designing a system that will be responsive to transportation needs at various stages of the city's development. This plan identifies general roadway routes. It is a basis for future action, which will identify right-of-ways and eventually provide for the preservation of future right-of-ways. The timing and nature of this action will in large part be predicated upon future development trends. The City Wide Master Thoroughfare Plan will serve as the official traffic plan of the City to be used by VOL. 55, Page 98 State and Federal agencies in their planning efforts. The plan also attempt to coordinate the planning of roadways identified in over eighty individual traffic impact studies. The LBJ HOV Study is at a crucial concept stage, and an adopted thoroughfare plan will assure the City of the optimum input prior to a series of Public Hearings to be held this fall by the State Department of Highways and Public Transportation. Mayor Blair recognized the following: 1. Mr. Gary McCurley, 7522 Yamini Drive, Dallas, Texas. Representing Trammel Crow - against proposed thoroughfare plan, citing it would be a tremendous loss of tax revenues as well as the adverse effects it would have on leasing. 2. Mr. Thomas E. Clark, 4601 Langland, Dallas, Texas. Representing the Farmers Branch Chamber of Commerce, in favor of the proposed thoroughfare plan, citing the need for a a cooperative effort for development and growth city wide. 3. Mr. Maurice Acers, 4455 Sigma, Dallas, Texas. Representing Ebby Halliday Realtors - against the proposed thoroughfare plan, pleading that it was proposed in haste, and that it needed to be tabled. 4. Mr. Joe Dingman, 3605 Tanglewood Cr., Farmers Branch, Texas. 7. Mr. Bob Patterson, 4550 Sigma Road, Dallas, Texas. Against the proposed thoroughfare plan, indicating he was seriously concerned over the lack of communication between the businesses and the City. Representing Zichy Thyssen Real Estate, Inc. - against the proposed thoroughfare plan, citing a concern for property values in that area. 5. Mr. Robert Thomas, 8333 Douglas, Dallas, Texas. Against the proposed thoroughfare plan, and requested it be tabled for further discussion. 6. Mr. Pat Haggerty,. 6476 Mimosa, Dallas, Texas. Against the proposed thoroughfare plan, indicating he felt it would be the great "East Side Disaster". 8. Mr. Al Wilkie, 6325 Shady Brook, #2120, Dallas, Texas. Representing ANA Properties - against the proposed thoroughfare plan, citing it was not a workable plan for all concerned. 9. Mr. Richard Hardin, 11205 Northland Circle, Dallas, Texas. Against the proposed thoroughfare plan, although did indicate a concern for transportation. VOL. 55, Page 99 10. Mr. Mike DeGrazier, 4050 Alpha Road, Suite 1400, Dallas, Texas. Representing Centre Development Co., Inc., in favor of the proposed thoroughfare plan indicating the City should move forward to the State Department of Highway and Public Transportation, with the proposed plan. 11. Mr. Thomas Gillis, 8333 Douglas, Dallas, Texas. Against the present wording, indicating the need to move forward with a cooperative effort and work out the problems. There being no one else wishing to speak, a motion by Councilman Binford, second by Councilman Hardie, all voting "aye", closed the public hearing. Mayor Blair apologized to the businesses represented who felt they had not been properly informed. He also indicated that the City must meet the July 15, 1988, set by the State of Texas for the submission of a thoroughfare plan. In discussion by the Council, Councilman Weidinger was concerned with the weak language of the thoroughfare plan, which will in fact become the law to be abided by future Councils. Councilman Binford voiced his concerns, indicating he was against the plan as it presently stands. He further questioned the deadline; how in fact the notices were sent; and ask Staff to explain the meetings which have been held, and to indicate who was invited and in attendance at the same. Larry Cervanka, Traffic Engineer for the City of Farmers Branch reported to Council that some 600 notices were sent to property owners, and that they were sent in compliance with the 10 day notice rule. They were mailed and received with no less than 11-12 days. City Manager Richard Escalante noted that the copies of the ordinance itself were not mailed. Mayor Blair suggested the thoroughfare plan be tabled. All agreed that a meeting of all concerned should be held. Councilwoman Hardie asked that if the City fail's to submit a plan to the State by the deadline, would they then in fact create a plan for us? City Manager Richard Escalante answered that the present plan would be in effect when the State proceeded with their improvement plans. Councilman Moses noted that there definitely needs to be a change that is workable for all concerned. A motion by Council Weidinger, a second by Councilman Jeff Binford, with all voting "aye" tabled this item, pending outcome of emergency Study Session to be held within this week. VOL. 55, Page 100 Mayor Pro Tem Davis returned to the Council Chamber. C.4 CONVENE PUBLIC HEARING CONCERNING PROPOSED ANNEXATION OF TWO SMALL PARCELS OF LAND FOR PURPOSE OF ADJUSTING THE CITY'S BOUNDARY WITH THE CITY OF DALLAS. Mayor Blair opened the public hearing with the following statement. The City and the City of Dallas, pursuant to a Boundary Agreement, are in the process of adjusting a boundary between the two cities by exchanging four small tracts of land. The two cities have each disannexed and waived their extraterritorial jurisdiction as to the two parcels within their respective borders. The next step is for each City to annex the parcels disannexed by the other City. Under State Law, such annexation requires the holding of public hearings in advance of actual annexation. An ordinance annexing the tracts will be submitted for consideration by the Council in August. There being no more discussion, a motion by Councilman Binford, a second by Councilwoman Hardie, all voting "aye", closed the public hearing. C.5 DISCUSS REQUEST TO CONSIDER FARMERS BRANCH'S WITHDRAWAL FROM DART AND TAKE THE APPROPRIATE ACTION. This item has been placed on the agenda at the request of Mr. Vernon Smith, 2715 Bay Meadows Circle. Addressing the issue was: 1. Mr. Vernon Smith, 2715 Bay Meadows Circle, Farmers Branch, TX. Presented a request that the City withdraw from DART. 2. Mr. Carl Fisher, 3420 Lake Country Court, Farmers Branch, TX. Opposed the DART programs. Following a lengthy discussion by Mr. Vernon Smith, and his subsequential request for a vote, Council declined to vote on this issue. D.1 CONSIDER ADOPTING RESOLUTION NO. 88-107 AUTHORIZING THE CITY MANAGER TO TERMINATE A CONTRACT WITH LONE STAR PAVING FOR CONSTRUCTION OF CHANNEL LINING REPAIRS IN THE CREEK ADJACENT TO THE MARSH LANE PUMP STATION, AUTHORIZE THE ADVERTISEMENT FOR RE-BIDS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. On March 14, 1988 a contract was executed with Lone Star Paving to construct channel lining repairs in the creek adjacent to the Marsh Lane Pump Station in the amount of $44,000. During the early stages of construction, a sloughing problem was encoun- tered on the slope of the channel. It was found that the existing VOL. 55, Page 101 soil required replacement to allow placement of the concrete lin- ing. To remedy the problem, additional work, materials, and time was needed. A proposal was requested from Lone Star Paving. The Engineering Staff has attempted to negotiate with Lone Star Paving a price for the additional work, but has been unsuccessful to secure an agreement. The City Staff and the Contractor have mutually agreed that it would be in our best interest to terminate the existing contract and allow competitive bidding for the total work. The project budget is $70,000 and Lone Star, Inc. will be paid for their work performed which is approximately $20,000. A motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", adopted Resolution No. 88-107 authorizing the City Manager to terminate a contract with Lone Star Paving. D.2 CONSIDER APPOINTING COUNCIL LIAISON MEMBERS TO VARIOUS COMMITTEES AND ORGANIZATIONS AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented for consideration the following proposed liaison listing to the Council: TEXAS MUNICIPAL LEAGUE NATIONAL LEAGUE OF CITIES Liaison: Mayor Liaison: Mayor Alt. Mayor Pro Tem Alt. Mayor Pro Tem Government Committee - Calla Davis OFFICE ON AGING Liaison: Herb Weidinger METROCREST SERVICE CENTER Liaison: Bill Moses SENIOR CITIZEN ADVISORY BOARD Liaison: Bill Moses FARMERS BRANCH HOSPITAL AUTHORITY Liaison: Councilman Weidinger NCTCOG Liaison: Nancy Hardie Board Voting Member: Mayor REIS: Calla Davis DALLAS COUNTY PUBLIC HEALTH ADVISORY COMMITTEE Liaison: Nancy Hardie Tom McDougald (Staff Member Attends Meetings also) TRINITY RIVER AUTHORITY DART DALLAS AREA REGIONAL TRANSIT VOL. 55, Page 102 Liaison: Calla Davis METROPLEX MAYORS COMMITTEE Liaison: Mayor Blair Alt: Mayor Pro Tem Davis NORTH TEXAS COMMISSION Liaison: Mayor (All Mailings Received by Mayor and City Manager) NORTH TEXAS FILM COMMISSION Liaison: Jeff Binford FARMERS BRANCH CHAMBER OF COMMERCE METROCREST CHAMBER OF COMMERCE Mayor Blair invited to all meetings. Mayor Blair invited to all meetings. NORTH DALLAS CHAMBER OF COMMERCE Meeting Invitations to Mayor & City Manager Practice is to place meeting dates of all General Membership Meetings & Luncheons on the Council Calendar for those who wish to attend. A motion by Councilman Weidinger, a second by Councilman Binford, all voting "aye", adopting the liaison list as presented by Mayor Blair. C D.3 CONSIDER COUNCIL TRAVEL REQUESTS AND TAKE THE APPROPRIATE ACTION. No items for discussion. D.4 CITIZEN PARTICIPATION. No one wish to speak. E.1 ADJOURNMENT. A motion by Mayor Pro Tem Davis, a second by Councilwoman Hardie, all voting "aye", adjourned the City Council meeting 9 P.M. Mayor Dave Blair City Secretary L- A VOL. 55, Page 103