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1988-10-17 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING OCTOBER 17, 1988 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 Director of Utilities Director of Economic Development Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth.Ann Parish Tom Scales Jerry Murawski Jeff Fuller Mark Pavageaux Norma Nichols Mayor Blair called the City Council Meeting of October 17, 1988 to order at 7:34 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. PRESENTATION OF BOARD APPLICATIONS. This item gives applicants an opportunity to present board applications to the City Council. No applications were presented at this time. Mayor Blair reported that applications have been received for file from Laverne Gilbert and Curtis Flatt, both indicating a desire to serve on the Historical Board. A.10 CONSIDER THE FOLLOWING AS CONSENT ITEM AND TAKE THE APPROPRIATE ACTION. ITEM B.1 - B.8, B.10 and C.6. Vol. 55, Page 188 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 consent items is being established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Davis, a second by Councilwoman Hardie, all voting "aye", approved the deletion of item B.9 from the Consent Agenda, and the addition of C.6 and D.3. A motion by Councilman Binford, a second by Councilman Moses, all voting "aye", approved the following Consent Items; B.1-B.8, B.10 and C.6 and D.3. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF SEPTEMBER 19, 1988. f J B.2 APPROVED THE MINUTES OF COUNCIL MEETING OF OCTOBER 3, 1988. B.3 ADOPTED RESOLUTION NO. 88-153 TO PARTICIPATE IN THE STATE OF TEXAS PURCHASING PROGRAM FOR THE PURCHASE OF THIRTEEN MOTOR VEHICLES FOR POLICE DEPARTMENT USE. B.4 ADOPTED RESOLUTION NO. 88-154 ACCEPTING A 5-FOOT AERIAL EASEMENT FOR STREET LIGHT INSTALLATION, DEDICATED BY BENNETT M. JAMES, JR. B.5 ADOPTED RESOLUTION NO. 88-156 ACCEPTING A 5-FOOT UTILITY EASEMENT FOR STREET LIGHT INSTALLA- TION, DEDICATED BY FELIX AND ETHEL FERRANTE. B.6 APPROVED RESOLUTION NUMBER 88-159, GRANTING PERMISSION TO THE FARMERS BRANCH LIONS CLUB TO SELL BOOTH SPACE AT ORAN GOOD PARK. B.7 ADOPTED RESOLUTION NO. 88-161 APPROVING THE FINAL PLAT FOR FARMERS BRANCH CITY HALL. B.8 ADOPTED THE REVISED VAN TRANSPORTATION POLICY PROPOSED BY THE PARKS & RECREATION BOARD. B.10 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR ALUMINUM BLEACHER GUARDRAILS FOR THE PARKS AND RECREATION DEPARTMENT. Vol. 55, Page 189 C.6 ADOPTED ORDINANCE NO. 1798, CAPTIONED BELOW CHANGING THE NAME OF SENLAC COURT TO FLOWER COUNTRY DRIVE IN THE CITY OF FARMERS BRANCH. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FOR THE CHANGE IN NAME OF SENLAC COURT TO FLOWER COUNTRY DRIVE IN THE CITY OF FARMERS BRANCH, TEXAS. D.3 ADOPTED RESOLUTION NO. 88-160 APPROVING CHANGE ORDER NO. 1, FOR THE ASPHALT PAVING OF THE SERVICE CENTER PARKING LOT RELATIVE TO A CONSTRUCTION CONTRACT WITH AUSTIN PAVING COMPANY FOR STREET RESURFACING (GROUP A). C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report, highlighting the recent events in several departments. Mr. Escalante expressed his sincere appreciation to Mr. Herb Grins of Toronto, Ontario, Canada, who made a special trip to Farmers Branch to present the City with the original pulpit from the Old Church, which is located in the Historical Park. The pulpit is circa 1900's and is a beautiful authentic antique which will certainly be a treasured addition to the now restored Old Church. C.1a CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR AUSTELL PARKWAY MEDIAN BEAUTIFICATION AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Davis reported that it was pleasing to see so many citizens enjoying the beautiful Austell Parkway area. A motion by Mayor Pro Tem Davis, a second by Councilman Weidinger, all voting "aye", authorized the advertisement for bids for Austell Parkway Median Beautification Project. C.2 PUBLIC HEARING: CONSIDER CALLING AN ELECTION TO VOTE WHETHER OR NOT TO WITHDRAW FROM THE DART PROGRAM AND TAKE THE APPROPRIATE ACTION. Mayor Blair explained that this item has been placed on the agenda as directed by the City Council at their meeting of August 15, 1988. Mayor Blair opened the public hearing and then recognized: Vol. 55, Page 190 1. Carl Fisher, 3420 Lake Country Court, Farmers Branch, opposed to being forced to wait a full year before an election could be held. Mr. Fisher expressed a concern for the $500,000 per month which the City is spending to stay in DART, until which time the citizens will be allowed to vote. Mr. Fisher also presented a petition representing ten homes which he canvassed concerning the DART issue. 2. Hollis Davis, 3005 Longmeade, Farmers Branch, was in favor of calling for an election to withdraw from DART. Mr. Davis indicated he felt the suburbs had been forced to carry some of the tax burden, while DART has failed in their promise to relieve traffic congestion and to handle funds efficiently. Mr. Davis suggested that the citizens of the outlaying cities such as Lewisville, Coppell, and the Colony help carry some of the tax load. 3. Berry R. Grubbs, 13460 Briarbrook, Farmers Branch, presented an informative report on the present activities within the DART system. Mr. Grubbs, the appointed board representative for the city of Farmers Branch and other surrounding cities, indicated that the 1989 Fiscal Year Budget for DART was to be lower than the 1988 budget, and there were considerable revisions and streamlining in many areas. With the present fare-box revenues up, and the recent revisions of many of the routes, he felt progress would be made. Mr. Grubbs additionally reminded the Council that with general regional growth on the incline, our employment population will continue to increase. The matter of alternatives to traffic congestion must be addressed and must be addressed before it is an overpowering problem. 4. Douglas G. Bryan, 13995 Midway Road, representing Mobil, expressed a concern for the present and future transportation problems which we are facing Mr. Bryan, speaking as a representative of one of Farmers Branch larger corporate citizens, indicated he realized Farmers Branch alone did not create the problem, however, now the City is faced with helping to find a solution. He spoke in favor of some form of Mass Transit to help alleviate Vol. 55, Page 191 some of the traffic problems which his now 400+ employees encounter. 5. Ramona Upfield, 13542 Braemar Drive, Farmers Branch, was in favor of calling for an election to withdraw from DART. Mrs. Upfield indicated it would be fair for the voters to be allowed to speak on this issue. 6. Mary Salhany, 2544 Greenhurst, Farmers Branch, was in favor of keeping the DART system for Farmers Branch. As a rider of DART each day, she felt it was unfair of the citizens to be unaware and unconcerning of the transportation needs of many of the citizens of Farmers Branch. f There being no one else wishing to speak, a motion by Councilman Weidinger, a second by Councilman Binford, all voting "aye", closed the Public Hearing. Mayor Blair indicated he was in agreement with Mr. Grubbs and Mr. Bryan and was concerned that today's choices might be tomorrow's fate. Mayor Blair indicated he had been disappointed in the performance of DART and was concerned with finding a solution to the ever-growing transportation problem. Mayor Blair also commented with the announcements of upcoming elections it will let the DART Officials know how the Farmers Branch citizens feels and find positive alternatives for the future. Councilman Binford indicated he DART vote in an effort to give a true perspective of the new citizens could better determine City of Farmers Branch fits system for the area. was in favor of prolonging the the citizens of Farmers Branch DART system. He also felt the at that time exactly where the into the overall mass transit Councilman Moses expressed an interest in finding a workable solution to the transit problems. He stated that he has seen some positive changes from DART since the August 15, 1988 Council Meeting, when this issue was postponed for discussion until this date. Councilman Moses suggested that Council might explore the possibility of the area cities forming their own transit system. Councilman Weidinger voiced a concern that a small group of citizens voiced negative opinions on this matter. Councilman Weidinger expressed his support of Mr. Berry Grubbs, our DART Representative, and suggested the citizens try to adopt a progressive, positive overview of the real issue. Councilwoman Hardie thanked Mr. Berry Grubbs for representing DART for the City during this time. Councilwoman Hardie Vol. 55, Page 192 reported that she had attended many of the meetings concerning the DART issue and had been exposed to both the positives and the negatives. She suggested to the citizens that they become informed and aware of the issues as they are today and be tuned to the changes which will possibly come in the next months. Then at that point they will be in a position to make a wise choice for the future of DART as well as the overall transportation needs of our area. A motion by Councilwoman Hardie, a second by Councilman Moses approved the calling of an election for November 7, 1989 to give the citizens a right to vote whether to remain or withdraw from DART. The motion carried 4 to 1 with Councilmembers Hardie, Moses, Binford and Davis voting "aye", and Councilman Weidinger voting "nay". City Attorney John Boyle brought to the attention of the Council that an Ordinance had been prepared for consideration to accomplish the decision just made by the Council. A motion by Mayor Pro Tem Davis,, a second by Councilwoman Hardie, passed with a vote of 4-1 approving the following captioned Ordinance No. 1791. Councilmembers Hardie, Binford, Davis,and Moses voted "aye", with Councilman Weidinger voting "nay". AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY ON NOVEMBER 7, 1989, FOR THE PURPOSE OF SUBMITTING TO THE VOTERS OF FARMERS BRANCH, TEXAS, FOR THEIR APPROVAL OR REJECTION A PROPOSITION RELATIVE TO REMAINING IN OR WITHDRAWING FROM THE DALLAS AREA RAPID TRANSIT AS PROVIDED IN SEC. 9A, ARTICLE 1118Y, VERNON'S ANN. CIV. STAT.; ESTABLISHING THE WORDING OF THE PROPOSITION THAT SHALL APPEAR ON THE ELECTION BALLOT; DESIGNATING THE ENTIRE CITY AS ONE ELECTION PRECINCT AND DESIGNATING A POLLING PLACE WITHIN SAID CITY; AUTHORIZING THE MAYOR TO APPOINT A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; DIRECTING THAT A COPY OF THIS ORDINANCE BE MAILED TO CERTAIN INTERESTED PARTIES AS REQUIRED BY APPLICABLE LAW; AND DECLARING AN EMERGENCY. C.3 PUBLIC HEARING: CONSIDER REQUEST OF CHURCH'S FRIED CHICKEN, INC. FOR APPROVAL OF A SPECIFIC USE PERMIT FOR A NON DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOWS IN THE PARKING LOT OF THE CORNERS SHOPPING CENTER LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND JOSEY LANE AND TAKE APPROPRIATE ACTION. Vol. 55, Page 193 Mayor Blair presented the following information. Church's Fried Chicken, Inc. is requesting approval of a specific use permit for a windows in a proposed rest; drive-thru and proposed site ordinances. non Local aurant one f plan drive-in restaurant with outside sales Retail Two (LR-2) zoning district. The will have two service windows (one for Dr walk up customers) and no seating. The complies with all applicable codes and The Planning and Zoning Commission, by unanimous vote, recommends the specific use permit for a non drive-in restaurant with outside sales windows be approved as submitted. Mayor Blair opened the public hearing by acknowledging the presence of two corporate representatives of Church's Fried Chicken. There was no one who wished to speak. A motion by Councilman Binford, a second by Mayor Pro Tem Davis, all voting "aye", closed the Public Hearing. Mayor Pro Tem Davis welcomed Church's to Farmers Branch. Councilman Moses inquired of Ms. Ruth Scarpino of San Antonio, representing Church's Fried Chicken, if in fact there was to be only one walk-up window. In reply, Ms. Scarpino indicated that store proposed for this site was the smallest of the three designs available, and it did have only one walk-up window and one drive-up window. Councilman Binford echoed Mayor Pro Tem Davis's welcome of Church's coming to Farmers Branch. Addressing Ms. Scarpino, Councilman Binford requested that due to the high visibility of this corner, the most modern, aesthetically pleasing design be chosen for this location. A motion by Mayor Pro Tem Davis, a second by Councilman Weidinger, all voting "aye", approved a specific use permit for a non drive-in restaurant with outside sales windows in the parking lot of the Corners Shopping Center located at the Northwest corner of Valley View Lane and Josey Lane, as recommended by the Planning and Zoning Commission. C.4 PUBLIC HEARING: CONSIDER AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY ADDING CONTAINER MANAGEMENT FACILITY TO THE USE CHART; BY DEFINING CONTAINER MANAGEMENT FACILITY; AND BY PROVIDING STANDARDS OF OPERATION AND TAKE APPROPRIATE ACTION. Mayor Blair opened the Public Hearing by presenting the following information. This item is a continuation of a public hearing which began on August 4, 1988 and continued again on September 19, 1988. The item was continued to allow Vol. 55, Page 194 Staff time to review the use and to propose operation regulations and a more appropriate name for the use. The City Staff suggests the use be classified as "Corporate Storage" and allowed in Light Industrial zoning districts by Specific Use Permit. Operational regulations can be studied on a case by case basis (giving full accreditation to individual structures) and appropriate standards of operation be established within each individual Specific Use Permit. The Planning and Zoning Commission, by a 4 to 1 vote, recommends that "Corporate Storage" be listed as an allowable use requiring a Specific Use Permit within Light Industrial zoning districts. There being no one who wished to speak, a motion by Mayor Pro Tem Davis, a second by Councilwoman Hardie, all voting "aye", closed the Public Hearing. Following a brief discussion a motion was made by Councilman Weidinger, a second by Councilman Moses, all voting "aye" adopted the following captioned Ordinance No. 1792. 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 8-110 OF THE COMPREHENSIVE ZONING ORDINANCE BY THE ADDITION OF CORPORATE STORAGE FACILITY TO THE USE CLASSIFICATION CHART; 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 FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. C.5 CONSIDER DISCUSSION OF SELMA LANE RESURFACING PROJECT AT THE REQUEST OF HOMEOWNERS IN THE 3000 BLOCK AND TAKE THE APPROPRIATE ACTION. This item has been placed on the agenda at the request of Mrs. June Trezza, 3040 Selma Lane. Mayor Blair opened the discussion by recognizing: 1. Mr. Virgil Moseley, 3021 Selma Lane, Farmers Branch, opposed the resurfacing project. He asked the Council to consider only normal street maintenance on Selma, in an effort to hold a ceiling on taxes. Mr. Mosely requested the Council to consider an additional parking area for the Police Department for Council Meetings. Vol. 55, Page 195 2. Mrs. Helen Radenbaugh, 3047 Selma, Farmers Branch, presented the Council with a petition requesting that the resurfacing project be postponed until Jerry Murawski, City Engineer, has sufficient time to complete a study of other options to the traditional hot-mix overlay. Mayor Blair recognized City Engineer Jerry Murawski, who has just recently returned from Atlanta, Georgia, where he attended a seminar featuring new techniques, materials, applications and practicality studies. Mr. Murawski, addressing Mrs. Radenbaugh and the council briefly summarized several of the options presently available. Mr. Murawski commented that there have been significant achievements in resurfacing, restoration, reconstruction and rehabilitation of streets and highways. Asphalt and portland cement concrete are still the primary materials used. Mr. Murawski stated that pursuant to Selma Lane, the Engineering Department will continue to investigate the possibilities of utilizing new technologies for street improvements. C.6 CONSENT ITEM. D.1 CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF THREE 10-FOOT WIDE CONCRETE ALLEYS AS FOLLOWS: EASEMENT BETWEEN CAMEO DRIVE AND TOPAZ DRIVE FROM IVANWOOD TO WEBB CHAPEL ROAD; EASEMENT BETWEEN PRIMROSE LANE AND PHYLLIS LANE FROM AUSTELL PARKWAY TO WEBB CHAPEL ROAD; EASEMENT BETWEEN ERIC LANE AND RANDY LANE FROM AUSTELL PARKWAY TO WEBB CHAPEL ROAD; AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information. The construction of these three 10-foot wide concrete alleys are part of the 1988-89 Alley Paving Bond Program in the amount of $200,000.00. The estimated cost for the paving of these three alleys is $142,500, and the estimated time of completion is 120 days. The City Engineer recommends authorizing advertisement for bids for these alley paving improvements. A motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", authorized the advertisement for bids for the construction of three 10-foot wide concrete alleys as follows: Easement between Cameo Drive and Topaz Drive from Ivanwood to Webb Chapel Road; Easement between Primrose Lane and Phyllis Lane from Austell Parkway to Webb Chapel Road; Vol. 55, Page 196 Easement between Eric Lane and Randy Lane from Austell Parkway to Webb Chapel Road. D.2 CONSIDER ADOPTING RESOLUTION NO. 88-158 ACCEPTING A PETITION AND ALLEY EASEMENT DOCUMENTS FOR THE PAVING AND IMPROVEMENT OF A 12-FOOT WIDE UTILITY EASEMENT BETWEEN BIRCHLAWN DRIVE AND PYRAMID DRIVE FROM LONGMEADE DRIVE TO AMBER LANE AND CONSIDER AUTHORIZING THE PREPARATION OF PLANS, SPECIFICATIONS, AND ESTIMATES FOR THE CONSTRUCTION OF SAID ALLEY IMPROVEMENTS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information. In compliance with the requirements of the City's Alley Paving Program, Mr. Donny Moffeit of 13920 Birchlawn Drive, has received 88 percent participation in petitioning for the paving of the 12-foot wide utility easement between Birchlawn Drive and Pyramid Drive from Longmeade Drive to Amber Lane. In order to meet the requirements of Ordinance No. 1640-A which outlines the alley paving program procedures, 88 percent of the property owners have dedicated the additional area needed to provide a 15-wide public alley easement. The City Engineer recommends acceptance of the petition for alley paving and the dedicated Public Alley Easement documents and further requests authorization to prepare plans, specifications and estimates for the construction of the alley improvements by adopting Resolution No. 88-158. A motion by Councilman Moses, a second by Mayor Pro Tem Davis, all voting "aye" adopted Resolution No. 88-158 accepting a petition and alley easement documents for the paving and improvement of a 12-foot wide utility easement between Birchlawn Drive and Pyramid Drive from Longmeade Drive to Amber Lane and consider authorizing the preparation of plans, specifications, and estimates for the construction of said alley improvements. D.3 CONSENT ITEM D.4 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. This item is placed on the agenda for council discussion and consideration. Mayor Blair recognized Mayor Pro Tem. Davis who reported on her October 14, 1988 one-day trip to Austin to attend the Texas Municipal League Legislative Governance Committee. Mayor Blair recognized the members of the Council who recently returned from the Economic Development Tour of the United Kingdom and Germany. Councilmembers all spoke of the goodwill and positive business relationships which were formed. Many Vol. 55, Page 197 of the foreign companies visited are very interested in the Farmers Branch area as a possible United States base for their products. The close proximity to the airport as well as to Downtown Dallas was of keen interest to them. All agreed the trip was productive and informing, and they look forward to seeing results in the future. Councilman Moses reported that he had attended the Preschool PTA Bingo Party while the others were on tour. He indicated there was a very good turn out and a fun time was had by all. D.5 CITIZEN PARTICIPATION. There was no one who wished to speak. Mayor Blair recognized Boy Scout Cub Pack No. 425 who toured the Police Department before the Council Meeting. Members of Cub Pack 425 attend St. Alquins School in Dallas, and are lead by Mike Eagen, Bob Bailey and Bob Blackburn. The boys are working toward their Citizenship Merits. A motion by Mayor Pro Tem Davis, a all voting "aye", postponed the which concerned Advisory Board Council meeting, November 7, 1988. F.1 ADJOURNMENT. second by Councilman Moses, scheduled Executive Session appointments, until the next A motion by Mayor Pro Tem Davis, a second by Councilman Binford, all voting "aye", adjourned the Council meeting of October 17, 1988, at 9:30 p.m. Mayor Dave Blair City Secretary Vol. 55, Page 198