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1989-04-03 CC Minutes1 1 CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 04/03/89 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 Ron Pyle 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 Public Works Traffic Engineer Public Information Officer Mayor Blair called the to order at 7:31 p.m. A.1 INVOCATION Councilman Moses gave allegiance to the flag. A.2 PRESENTATION OF CAPTAIN AL WAGNER Richard L. Escalante Steve Carpenter John Burke Chris Caso Ruth Ann Parish Tom Scales Jerry Murawski Jeff Fuller Mark Pavageaux Larry Cervenka Donna Huerta City Council Meeting of April 3, 1989 The meeting was televised. the invocation and led the pledge of kPPRECIATION PLAQUE TO CITY RETIREE OF THE POLICE DEPARTMENT. Mayor Blair recognized Mr. and Mrs. Al Wagner and presented the following information.. Al Wagner began his employment with the City of Farmers Branch Police Department on November 4, 1966. He was promoted to Detective Sergeant in 1971, and to Detective Lieutenant in October 1980. In August 1983 he was promoted to Detective Captain in charge of the Investigative Division. He serves as First Vice-President of the FBI National Academy of Associates and is a member of the Lions Club. He has an Associate Degree in Applied Science and holds an Advanced Certificate with Vol. 56, Page 1 the Texas Commission on Law Enforcement Officer Standards and Education. Al has been a dedicated employee for 22-1/2 years and has gone beyond the call of duty to assist the community in any way he could. He has played a major role in Crime Prevention with his many programs and his participation with the Neighborhood Crime Watch and Business Crime Watch organizations. Mayor Blair presented an appreciation of service plaque to Mr. Wagner. Mayor Blair also proclaimed the week of April 3 as "Appreciation to Al Wagner Week". A.3a PRESENTATION OF SERVICE AWARDS JIMMY FAWCETT OF THE POLICE DEPARTMENT - 15 YEAR AWARD. Mayor Blair presented a 15 year employee service award to Jimmy Fawcett and congratulated him on his recent promotion to Captain. A.4 PRESENTATION OF BOARD APPLICATIONS. This item gives applicants an opportunity to present board applications to the City Council. Councilman Binford pointed out that there was an opening on the Farmers Branch Historical Preservation and Restoration Board and that there also would be consideration given within the next few months of appointments to various boards of members whose terms expire this year. There were no applications presented. B.1-B.2 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. A motion by Councilmember Hardie, a second by Councilman Moses, all voting "aye", added items C.3, D.2, D.3 & D.5 to the consent agenda. A motion by Councilman Binford, a second by Councilman Pyle, all voting "aye", approved the following Consent Agenda Items: B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF MARCH 20, 1989. Vol. 56, Page 2 B.2 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR THE INSTALLATION OF THE VALWOOD - DENTON TRAFFIC SIGNAL INTERCONNECT SYSTEM. C.3 ADOPTED THE RESOLUTION NO. 89-043 THAT APPROVED THE REQUEST OF THE HILTON HOTEL TO AMEND THE APPROVED SITE PLAN FOR THE EXISTING RESTAURANT TO REMODEL TO ADD A BILLIARD TABLE AND UP TO FOUR VIDEO GAMES, WITH THE CONDITION THAT NO COMPENSATION WILL BE DERIVED FROM THE USE OF THE AMUSEMENT DEVICES, AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION. D.2 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1816 GRANTING A LICENSE TO HERITAGE SQUARE LIMITED TO CONSTRUCT, INSTALL, OPERATE AND MAINTAIN AN ELECTRIC SERVICE LINE WITHIN A DEDICATED PUBLIC STREET RIGHT- OF-WAY: AN ORDINANCE GRANTING CONSTRUCT, INSTALL, OPER AN ELECTRIC SERVICE DEDICATED PUBLIC STREET THE HARTFORD (HERITAGE PROPERTY MANAGER); A LICENSE TO ?ATE AND MAINTAIN LINE WITHIN A RIGHT-OF-WAY TO SQUARE LIMITED, PROVIDING RESTRICTIONS AND REQUIREMENTS; PROVIDING AN ANNUAL FEE; PROVIDING FOR REVOCATION AND TERMINATION; PROVIDING FOR A HOLD HARMLESS AGREEMENT AND INSURANCE;. PROVIDING FOR WRITTEN ACCEPTANCE BY THE LICENSEE; PROVIDING FOR AN EFFECTIVE DATE. D.3 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1815 ABANDONING A PORTION OF DEMETRA DRIVE AND PEPPERWOOD DRIVE IN CONJUNCTION WITH THE DEVELOPMENT OF CITY HALL ADDITION: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, VACATING AND ABANDONING A PORTION OF PEPPERWOOD STREET AND DEMETRA DRIVE WHICH ARE NO LONGER NEEDED OR NECESSARY FOR PUBLIC STREET PURPOSES; PROVIDING THAT SUCH VACATION AND ABANDONMENT SHALL BE IN FAVOR OF THE CITY OF FARMERS BRANCH AS OWNER OF CITY HALL PHASE I ADDITION, AN ADDITION TO THE CITY OF FARMERS BRANCH; PROVIDING THAT SUCH VACATION AND ABANDONMENT SHALL BE INSOFAR AS APPLICABLE TO THE PUBLIC RIGHT, TITLE AND INTEREST IN SUCH ROADWAY; AND DECLARING AN EMERGENCY. D.5 ADOPTED RESOLUTION NO. 89-042 APPROVING THE PURCHASES OF TRANPLAN AND TRACS MICROCOMPUTER SOFTWARE PACKAGES Vol. 56, Page 3 FROM THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $5,000.00. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented a report of the happenings and status of the various projects of the departments within the city. C.2 PUBLIC HEARING: RECEIVE PUBLIC INPUT RELATIVE TO THE ADOPTION OF THE COMPREHENSIVE PLAN AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. As directed by the City Council, the Staff has advertised the public of the hearing in the following manner: (1) legal notice in the newspaper; (2) 1/8 page advertisement in the newspaper; (3) notice on public access channel 10; and (4) flyers were placed in the Library, the Recreation Center and at City Hall. The news- paper also ran a feature article on the Comprehensive Plan on March 29, 1989. Since the City Council Study Session of March 20, 1989, the City staff has met with representatives of the development community to discuss concerns with the Comprehensive Plan. Mayor Blair opened the public hearing. The following were recognized: Mr. Marty Giehrl, 3404 Bevann, commended the Planning and Zoning Commission for their work on the comprehensive plan. Mr. Giehrl spoke in regards to programs for the maintenance of property; improved residential street lighting; erosion on private property; and the proposed limitation of heights of buildings along L.B.J., especially in the vicinity of Myra lane. Mr. Benard McCauley of Mutual of New York, land holder of the property at L.B.J. and Webb Chapel (westside), expressed support for mixed uses for development in the area along L.B.J. Mr. McCauley stated he would support amending the 1 to 1 ratio for this area. Mr. Doug Bryan of Mobil Research Corporation, complimented the Planning and Zoning Commission and the Staff on the proposed comprehensive plan. Mr. Bryan recommended the City Council concur with the Staff's recommendations. Mrs. Jane Gentry, representing Broohaven Office Complex, spoke in concern of building height restrictions and density for their property in existing plans for expansion. There being no one else wishing to speak, a motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", closed the public hearing. Vol. 56, Page 4 There followed a discussion between the members of the City Council and the Director of Community Services Tom Scales relating to the proposal for building heights along the L.B.J. corridor. Mr. Scales explained the Staff's recommendation relating to development areas adjoining residential areas. The criteria for development of (1) any commercial structure which exceeds a height of two stories above the average grade of all abutting single-family residential properties should maintain a 1 to 3 slope for a minimum of 1000 feet to any bounding single-family residential property line; (2) any commercial structure which exceeds a height of two stories above the average grade of all abutting multi-family properties should maintain a 1 to 3 slope for a minimum of 300 feet to any bounding multi-family property line; and (3) any commercial property abutting single-family residential properties should provide vertical landscape features which help residences from the commercial structures. Discussions followed among the members of the City Council of the importance of protecting the residential neighborhoods through restrictions of heights of buildings and density. Mayor Blair reopened the hearing for audience participation. Mr. Max Rawlins, member of the Farmers Branch Hospital Board of Directors, reported of plans for office expansion on the hospital property. Plans included a 6 story building with a buried 2 story parking garage. Mr. Rawlins requested the City Council to consider the acceptance of the existing building plans that will be ready to submit to the city in 4 to 6 weeks and to maintain a 1 to 3 slope requirement which would allow them to build under the existing guidelines. Mr. Scales responded that the plans for expansion would have to go through the zoning process whether or not this comprehensive plan is adopted. Mrs. Gentry commented that people expressed concern of the visual impact but had anyone considered the impact of deteriorating two story buildings. Discussions followed between the members of the City Council and the City Staff for revisions to the comprehensive plan. Revisions are to include the following: 1. Rewrite regarding stormwater detention at Parkside Center on Page VI-32. 2. Replace figures relating to building heights and FAR, and provision of slopes for protection of the residential neighborhoods. Commercial structures which exceeds a height of two Vol. 56, Page 5 stories above the average grade of all abutting residential properties should maintain a 1 foot vertical to 3 foot horizontal slope for a minimum of 1000 feet to any bounding residential property line with a FAR of 2 to 1. (The location west of Josey to Denton Drive would fall under this criteria.) Commercial structures along the I-635 corridor, east of Josey Lane to maintain a 1 foot vertical to 4 foot horizontal slope for a minimum of 1000 feet to any bounding residential property line with a 1 to 1 FAR. Mayor Blair stated that other suggestions were discussed at the Study Session which all would be drafted in an ordinance for consideration at the next Council meeting. D.1 DISCUSS COUNCIL MEETING DATES FOR THE MONTH OF MAY AND TAKE THE APPROPRIATE ACTION. This item has been placed on the agenda at the request of Council- man Binford. Councilman Binford pointed out that for the month of May the Council will be meeting the first, second and third Mondays because of the Council Election being on May 6th. After some discussion, Councilman Binford made a motion to set the Council meeting dates for May to be May 8th and 22nd. Mayor Pro Tem Davis seconded the motion and all voted "aye". D.4 CONSIDER ADOPTING RESOLUTION NO. 89-040 AWARDING A BID FOR GUSSIE FIELD WATERWORTH PARK DRAINAGE IMPROVEMENTS TO COPPELL CONSTRUCTION COMPANY AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Gussie Field Waterworth Park Drainage Improvements is Bond Project D-16. There is $2,774,939.00 available in the project account for the construction of the drainage improvements. Ten (10) qualified bids were received with low bid from Coppell Construction Company for $1,681,738.68. Contract time to complete drainage improvements is 300 calendar days. Coppell Construction Company has provided adequate qualifications and references for similar work. The City Engineer recommends that Gussie Field Waterwork Park Drainage Improvements be awarded to Coppell Construction Company for $1,681,738.68 by adopting Resolution No. 89-040. Vol. 56, Page 6 Mayor Blair recognized City Engineer Jerry Murawski. Mr. Murawski described the drainage plan proposed through Gussie Field Waterworth Park from Valley View Lane to the MKT Railroad along Rawhide Creek. The erosion control application will consist of a series of terraced milsap stone faced concrete retaining walls. The walls will terminate at a lake which will be situated behind the new City Hall. The walls will continue on the north creek bank only from the lake to the MKT Railroad. The hydraulic requirements do not necessitate walls along the south creek bank in this area enabling the design to maintain the natural vegetation on the south creek banks. Two pedestrian bridges will be installed to provide access points along the creek. Renditions of the plan were displayed. After some discussion, a motion by Mayor Pro Tem Davis, a second by Councilmember Hardie, all voting "aye", adopted Resolution No. 89-040 that awards the bid for the Gussie Field Waterworth Park drainage improvements to Coppell Construction Company in the amount of $1,681,738.68 with a completion date of 300 calendar days. D.6 CONSIDER ADOPTING RESOLUTION NO. 89-041 APPROVING CHANGE ORDER NO. 1 RELATIVE TO A CONSTRUCTION CONTRACT WITH DAL-MAC CONSTRUCTION COMPANY FOR FARMERS BRANCH CITY HALL PROJECT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The contract for construction of the City Hall Project was awarded to Dal-Mac Construction Company in the amount of $6,361,873. Change Order No. 1, in the amount of $5,000 is for Owner's Property Insurance. This insurance protects the City against loss, at the job site, from all hazards but floods. Under the City's contract with Dal-Mac, the City is to provide this type of insurance. The staff, after extensive investigation, found that this insurance could be purchased through the contract- or for less money and with a much lower deductible than could be provided by other insurance companies. Coverage is for full con- tract cost with $1,000 deductible. Funds are available from the project account balance as approved in the 1988-89 Capital Improvement Project budget. The City Engineer recommends adoption of Resolution No. 89-041 to approve Change Order No. 1 for the purchase of Property Insurance relative to a construction contract with Dal-Mac Construction Company for Farmers Branch City Hall Project. A motion by Councilmember Hardie, a second by Mayor Pro Tem Davis, all voting "aye", adopted Resolution No. 89-041 that approves Change Order No. 1 for the purchase of property insurance relative to a construction contract with Dal-Mac Construction Company for the Farmers Branch City Hall Project. Vol. 56, Page 7 D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. This item is placed on the agenda for Council discussion and con- sideration. Mayor Blair pointed out that the City Manager would be traveling to Tyler to attend the Texas City Management Association in June and will be a speaker on the program. Mayor Blair presented a report of his trip to the National League of Cities Congressional Conference in Washington, D.C. Mayor Blair visited with Congressman Bartlett and representatives of Senator Graham and Congressman Armey's office. D.8 CITIZEN PARTICIPATION. Mayor Blair recognized Mrs. Barbara Brown. Mrs. Brown stated that she was the owner of Big City Crushed Concrete Company who had a subcontract with A & R Contractors who has the city's Cook Creek Improvement project. Mrs. Brown stated that her company had supplied A & R with crushed concrete and had not been paid for their services. She reported of informing the City of the non-payment and have not been able to get results to get paid by A & R. Mrs. Brown requested the Council to see what can be done. Mayor Blair recognized Mr. Jerry Murawski, City Engineer. Mr. Murawski verified that A & R did have the contract with the City for the Cook Creek Improvements and that they are doing the work and are being paid by the City. Mr. Murawski stated that Mrs. Brown had contacted his office about not being paid by A & R and they had talke with the City Attorney about the situation. Mayor Blair recognized City Attorney Chris Caso. Mr. Caso stated that the City had the contract with A & R and the subcontractors should deal with the surety company for resolution of the payment of services. Mrs. Brown responded that the surety company had informed that they were not going to pay- The Council discussed with the Staff to investigate this further and see what can be done to get the contractor to pay their subcontractors. 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 Vol. 56, Page 8 MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 EXECUTIVE SESSION. a. DISCUSS PENDING AND CONTEMPLATED LITIGATION - ARTICLE 6252-17 SEC. 2(e) 1. DISCUSS JOHNSON & CRAVENS VS. CITY OF FARMERS BRANCH ET AL - DELINQUENT TAX LAWSUIT. City Attorney Chris Caso gave a status report on the Johnson & Cravens delinquent tax lawsuit. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated that the City Council instructed the City Attorney to pursue further the collection of the delinquent taxes from Johnson & Cravens. F.1 ADJOURNMENT. A motion by Councilmember Hardie, a second by Councilman Binford, all voting "aye", adjourned the City Council meeting of April 3, 1989 at 10:31 p.m.. Mayor Dave Blair ity Secretary Vol. 56, Page 9