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1991-07-15 CC Minutes0 CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JULY 15, 1991 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Bill Moses Bob Phelps Jeff Binford Calla Davis Ron Pyle The following members of the City Administration were present: Acting City Manager John Burke Assistant City Manager Steve Carpenter City Attorney John Boyle City Secretary Ruth Ann Parish Communication Director Donna Huerta Director of Community Services Tom Scales City Engineer Jerry Murawski Director of Finance Doug Vanderslice Director of Parks & Recreation Jeff Fuller Police Chief Jimmy Fawcett Director of Public Works Mark Pavageaux City Management Assistant David Reedy Traffic Engineer Dave Davis Recording Secretary Cindee Peters Mayor Blair called the City Council Meeting of July 15, 1991 to order at 7:30 P.M.. The meeting was televised. Vol. 61, Page 1 A.1 INVOCATION. Mayor Pro Tem. Moses gave the invocation and led the pledge of allegiance to the flag. MAYOR'S ANNOUNCEMENT Mayor Blair extended his congratulation to Mike McClung who recently won the Trans- Mississippi golf tournament in Los Angeles. Mayor Blair explained that Mike McClung is the son of a former councilmember, Bill McClung. Mayor Blair stated that this victory assured Mr. McClung a place in the Master's Tournament. A.2 CONSIDER ACCEPTANCE OF DONATION IN THE AMOUNT OF $1,000 BY OCCIDENTAL CHEMICAL CORPORATION TO THE FIRE DEPARTMENT. Mayor Blair presented the following information. Occidental Chemical Corporation has presented a check for $1,000 to the Fire Department. The contribution represents Occidental Chemical's support and appreciation to the Fire Department for their services to the Community. The Fire Chief recommends the acceptance of the $1,000 donation from Occidental Chemical Corporation to be used for the purchase of three light weight nozzles. The nozzles will be used in the "high-rise packs", which are carried into high-rise buildings when a fire is reported. The nozzles will replace the older and heavier nozzles currently being used. A motion by Councilman Phelps, a second by Mayor Pro Tem Moses, all voting "aye", accepted the $1000 donation from Occidental Chemical to the Fire Department to be used to purchase 3 light weight nozzles. A.3 CONSIDER ACCEPTANCE OF THIRD QUARTER DONATIONS FOR THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Blair stated that the Historical Preservation and Restoration Board has approved numerous donations to be assessed to the inventory. Mayor Blair recognized Jerry Wilcox, Chairman of the Historical Preservation and Restoration Board. Mrs. Wilcox presented the list of the following donated items: A 1908 edition of The Elementary elllingbook, from Mr. & Mrs. Ed Offield, Farmers Branch. A 1908 edition of Sixty Years in Texas, from Mrs. Alice Montgomery, Dallas. A cast iron and maple school desk, from Ms. Fay Huckeba, Barry, Texas. A 100 year old cast iron skillet, from Mr. & Mrs. Bob Mason, Farmers Branch. Vol. 61, Page 2 A 100 year old cotton, braided rag rug, from Mrs. Howard Abel, Farmers Branch. A woven coverlet, a school desk seat, and two turn of the century school desks, from Mrs. Jack Maxfield, Carrollton. - A silver turn of the century card tray and two school desks, from Mr. Art Rousseau, Farmers Branch. - An 1890's axe, from Mr. Joe Mitchell, Gainesville, Texas. An 1870, white ironstone china bowl, from Mrs. W. C. Tinkle, Sherman, Texas. 'A 1914 edition of The Price of Love, a 1919 edition of The Soul of Ann Ruthedge, Abraham Lincoln's Romance, and a 1914 revised edition of The Boston Cookbook, from Mrs. H. T. Hatcher, Farmers Branch. A turn of the Century Caboose lantern, from Mr. Jeff Fuller, Farmers Branch. Thirty-two paintings by Mrs. Wynona McKee, from Mr. William McKee, Dallas. The original abstract of deed for the Gilbert property dating from the 1880's thru the 1930's including a letter from Dr. Gilbert to his attorney, from Mrs. Mary Belle Bailey and Mrs. Louise Boucquin, Dallas. A 19th Century trunk, and a 1930's trunk, from Ms. Suzanne Ethridge, Dallas. - A $100.00 donation to be used to purchase a desk for the School House, was received from each of the following: Mr. & Mrs. Robert Davis, Mr. & Mrs. Ron Pyle, Mr. & Mrs. Richard Escalante, Mr. & Mrs. Ron Doerler, Mr. and Mrs. E. C. Deaton, Mr. & Mrs. William Glancy, Major General and Mrs. William Gossell, Mrs. Betty Harris, Mrs. Mary Kerr, Mr. & Mrs. M. L. Archer, Mrs. Artie Garver, Mr. & Mrs. William McClung, Mr. & Mrs. John Dodd, Mr. & Mrs. Julius Hardie, Mr. Joe Crutchfield, and each of the following Elementary School PTA's: Harrington School, Las Colinas, Carrollton, and Janie Stark. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", accepted the various donations for the Historical Park. A.4 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a ten year employee service award to Major Leonard of the Public Works Department. Mayor Blair presented a ten year employee service award to Jim Shires of the Fire Department. Mayor Blair presented a ten year employee service award to Martin Garcia of the Public Works Department. Mayor Blair presented a five year employee service award to Steve Lamar of the Fire Department. Vol. 61, Page 3 Mayor Blair announced at this time that City Manager Richard Escalante was not in attendance because of the death of his grandfather. A.5 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1. 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 established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Moses, a second by Councilman Binford, all voting "aye", placed item D.2, item D.3, and item D.4 from the regular agenda on the consent agenda. A motion by Mayor Pro Tem Moses, a second by Councilman Phelps, all voting "aye", approved the following Consent Agenda items. B.1 APPROVED MINUTES OF COUNCIL MEETING OF JULY 1, 1991. D.2 ADOPTED RESOLUTION 91-098 APPOINTING KATHY INGLE AS A REPRESENTATIVE TO THE DALLAS AREA RAPID TRANSIT BOARD OF DIRECTORS. D.3 ADOPTED RESOLUTION NO. 91-099 URGING THAT THE TEXAS TURNPIKE AUTHORITY, IN CONSULTATION WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, TO UNDERTAKE STUDIES TO DETERMINE THE FEASIBILITY OF DEVELOPING APPROPRIATE SEGMENTS OF SH190 AS A TOLLWAY. D.4 ADOPTED RESOLUTION NO. 91-101 IN SUPPORT OF A COMPREHENSIVE STUDY OF A TOLL TUNNEL UNDER ADDISON AIRPORT TO CONNECT KELLER SPRINGS. C.1 CITY MANAGER REPORTS. Assistant City Manager John Burke gave an informative report on the happenings and status of projects in the departments of the City. Vol. 61, Page 4 Mayor Blair at this time reported that many citizens had complimented the City of Farmers Branch on the great fireworks show and expressed their interest in continuing this tradition for next year. Mayor Blair stated how pleased the City Council was with the 28% participation in the recycling program. Mayor Blair encouraged every citizen to participate. Councilman Binford asked how the City had arrived at the percentage of homes participating in the recycling program. Mr. Burke explained that sanitation workers count the number of houses that have left recycables out to be picked up and then base that number on the total number of houses in Farmers Branch. Councilman Binford felt this was not an accurate percentage due to the fact that not every week do citizens have enough plastic, glass, etc. to put out and therefore wait until the next week to put it out. Councilman Binford asked if there was a more accurate method to calculate the percentage. Mark Pavageaux, Director of Public Works came forward and stated at this time there was not such a method. Mr. Pavageaux stated the employees count on a daily basis. Mr. Pavageaux stated they would take into consideration a new method for calculating the percentage. Mr. Pavageaux stated that on one occasion the percentage had been as high as 37%. Councilman Binford stated he would like to see a survey sent out with the water bills to find out exactly how many citizens are participating. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF RICHARD A. CALVERT TO AMEND THE PLANNED DEVELOPMENT NO. 30 ZONING DISTRICT (PD-30) TO ALLOW "AUTOMOBILE PAINT AND BODY REPAIR SHOP WITH ON-SITE STORAGE" WITH A SPECIFIC USE PERMIT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The owner of an existing automobile paint and body repair shop within PD-30 would like to build a new facility on different property within the PD-30 district. Since the PD-30 zoning district presently prohibits such uses, an amendment to allow automobile paint and body repair shop with on-site storage with a Specific Use Permit is being requested. Prior to the establishment of PD-30 in 1982, this area was zoned for light industrial use. Current land uses are predominantly of a commercial and industrial nature. With the advent of PD-30, which allows primarily office and retail uses, all existing industrial and commercial businesses became nonconforming uses. Nonconforming uses may continue to do business but are prohibited from relocating or expanding to another property within the same zoning district. Vol. 61, Page 5 The request presents no conflict with the land use objectives of the Old Farmers Branch Area Study and the existing industrial/commercial character of the area provides an appropriate context for the proposed use. Approval of this request will amend the PD-30 zoning district but does not grant approval of an automobile paint and body shop on any particular property. The Planning and Zoning Commission, by unanimous vote, recommends that the request to amend PD-30 to allow automobile paint and body repair shop with on-site storage with a Specific Use Permit be approved. Mayor Blair opened the public hearing and recognized Mr. Dick Calvert representing the applicant. Mr. Calvert explained when Crawford Paint and Body purchased this land in September of 1981, the use was an allowable use. About a year later rezoning occurred and the use was not an allowable use. Mr. Calvert explained that in nine years no new buildings have been built. Mr. Calvert felt this use should be added to the use chart because of the effect of the economy. Mr. Calvert felt the restrictions of this PD was a cause for no new development. A motion by Councilman Binford, a second by Councilman Phelps, all voting "aye", closed the public hearing. Mayor Blair explained that the consensus of RTKL's report was the area has changed and the Council needed to look at current planned development districts in the future. A motion by Mayor Pro Tem Moses, a second by Councilman Phelps, all voting "aye", adopted the following captioned Ordinance No. 1948 amending Planned Development No. 30 zoning district to allow automobile paint and body repair shop with on-site storage with a specific use permit. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, SO AS TO INDICATE AUTOMOBILE PAINT AND BODY REPAIR SHOP WITH ON SITE STORAGE AS A PERMITTED USE REQUIRING A SPECIFIC USE PERMIT IN THE PLANNED DEVELOPMENT NO. 30 ZONING DISTRICT; 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 EFFECTIVE DATE. 0 Vol. 61, Page 6 C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF RICHARD A. CALVERT FOR APPROVAL OF A SPECIFIC USE PERMIT FOR AN AUTOMOBILE PAINT AND BODY REPAIR SHOP WITH ON-SITE STORAGE AT 13904 STEMMONS FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NO. 30 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The owner of an existing automobile paint and body repair shop within PD-30 would like to build a new facility at 13904 Stemmons. The subject property is an undeveloped lot approximately one half acre in size. The proposed development includes a one story, 4500 square foot structure with a brick facade and a brick screening wall, 6 feet tall, facing Stemmons. A wooden fence, 6 feet in height, screens the outdoor storage area on the remaining three sides behind the building face. Approximately 14 percent of the site is to be landscaped. The request presents no conflict with the land use objectives of the Old Farmers Branch Area Study and the proposed development plan is compatible with existing development on adjacent properties. Approval of this request would grant permission to locate an automobile paint and body shop at 13904 Stemmons. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit request for an automobile paint and body repair shop with on-site storage at 13904 Stemmons be approved subject to the following conditions: 1. In no case shall any vehicle which exhibits body damage that is clearly visible from adjacent properties or public street rights-of-way, or is in a state of disrepair, be parked, placed or stored anywhere on-site other than within the screened area located behind (east of) the established building line as shown on the approved site plan. 2. All repair activities shall take place exclusively within the building. Mayor Blair opened the public hearing and recognized Mr. Dick Calvert. Mr. Calvert explained that his client had no problem with the Planning and Zoning Commission's conditions except for parking of the vehicles. Mr. Calvert explained that if a customer came in for an estimate of damage it would technically be called parking. Mr. Calvert also explained that the new facility would provide better security for his client. A motion by Councilman Phelps, a second by Mayor Pro Tem Moses, all voting "aye", closed the public hearing. Vol. 61, Page 7 Mayor Blair suggested the removal of the words "parked, placed" be removed from the Planning and Zoning Commission's first condition. Councilwoman Davis had a question concerning if any work would be done behind the screened in area. Mr. Calvert stated that some minor work could possibly be done behind the screened in area such as vacuuming a finished car, but major body work would be done inside the facility. Councilwoman Davis suggest that the word "major" be placed in the second condition recommended by the Planning and Zoning Commission. A motion by Councilwoman Davis, a second by Mayor Pro Tem Moses, all voting "aye", adopted the following captioned Ordinance No. 1949 with the two corrections discussed: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR AN AUTOMOBILE PAINT AND BODY REPAIR SHOP WITH ON SITE STORAGE WITHIN THE PLANNED DEVELOPMENT NO. 30 (PD-30) ZONING DISTRICT AND LOCATED AT 13904 STEMMONS FREEWAY; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY CLAUSE; 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. CA DISCUSSION WITH TCI CABLEVISION REPRESENTATIVES AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. At the City Council meeting on July 1, 1991, City Council instructed staff to invite representatives of TCI to the July 15, 1991 Council meeting. The City Council desires that TCI representatives provide an update concerning measures TCI has taken to improve services to subscribers in Farmers Branch. The City Council also desires an explanation about action taken by TCI Cablevision concerning Encore programming and pricing. Dan Murrell, General Manager of TCI Cablevision came forward. Mr. Murrell gave a status report and explained that all commitments have been met that were contained in a January 22 letter from the City. Mr. Murrell also stated that only 5 of 100 customers have needed a service call for the month of June. He stated they will continue to work on reducing the number of service calls. Vol. 61, Page 8 Mr. Murrell explained TCI Cablevision feels development of consistency and stability will show the City Council they were trying to improve service in Farmers Branch. Mr. Murrell felt consistent performance and stability in relations and programming with the City Council were the two areas TCI Cablevision were trying hard to improve. Mr. Murrell explained the new procedure for ENCORE acceptance. He stated customers now have to acknowledge the acceptance of ENCORE before they will be billed. Mr. Murrell explained the pricing steps for the ENCORE package until July 1992. Councilwoman Davis asked Mr. Murrell if any citizens had called concerning the brochure which has important information printed below the signature line. Councilwoman Davis explained at the last City Council meeting a citizen had come forward and questioned the legality of the brochure. Mr. Murrell said he had not received any calls and he saw the information but did not know if legally it was a problem. He stated he would pass the information on to the company. Councilwoman Davis inquired if anyone still had bleeding problems with channels 4, 5, and 8. Councilwoman Davis stated she occasionally experienced bleeding with these channels. Mr. Murrell felt that nine and one-half of the ten problems can be solved. Mayor Blair informed Mr. Murrell that a Ms. Hart had telephoned him and inquired about getting MTV off the air. Mayor Blair explained that our attorney advised him this was a first amendment right and the City could not help Ms. Hart. Mr. Murrell stated TCI Cablevision is looking for alternatives to MTV. Mr. Murrell stated at the present time no other firm has been found. Mr. Murrell explained about the parental control device customers could have installed. Councilman Binford stated he would take exception to the statement in the overview, last sentence of the first paragraph. Councilman Binford felt the channel realignment was every bit as much confusion and did not go smoothly. Mayor Blair asked that Mr. Murrell keep the City Council informed of any developments on removing MTV from the air. DA CONSIDER ADOPTING RESOLUTION NO. 91-096 AWARDING THE BID FOR SIDEWALK REPAIRS AT VARIOUS LOCATIONS TO GERRY'S CONCRETE AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Requests for bids on the 1990/1991 Sidewalk Repair Contract were mailed to nine vendors and one vendor picked up a copy from the Purchasing Division. Three bids were received and opened on July 8, 1991. All three bids received met specifications. The lowest bid meeting specifications was submitted by Gerry's Concrete in the amount of $158,595.20. Vol. 61, Page 9 Funds in the amount of $175,000.00 are available in the 1990/1991 Public Works operating budget to finance the contract. The Director of Public Works recommends adopting Resolution No. 91-096 awarding the bid for sidewalk repairs at various locations to Gerry's Concrete in the amount of $158,595.20. Mayor Blair stated the City has received many calls from citizens requesting their sidewalks be fixed. The City inspected all sidewalks within the City had determined what sidewalks met the criteria set for sidewalk replacement. Mayor Blair explained that if your sidewalk is not on the list this time, does not mean they won't be fixed in the future. Councilman Phelps explained this contract would fix approximately 1,000 sidewalks which would take care of a great number of sidewalks. A motion by Councilman Binford, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 91-096 awarding a bid for sidewalk repairs at various locations to Gerry's Concrete in the amount of $158,595.20. D.2 CONSENT ITEM. D.3 CONSENT ITEM. D.4 CONSENT ITEM. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair asked for reports and requests. Mayor Blair requested he be reimbursed for an unexpected trip to Houston to testify in regards to the Texas Turnpike Authority to build a tunnel under Addison Airport. The trip took place on Friday, July 12, 1991. A motion by Mayor Pro Tem Moses, a second by Councilwoman Davis, all voting "aye", approved the travel request for Mayor Blair going to testify in Houston on July 12, 1991. Councilwoman Davis requested the City Manager be approved for travel to testify before the Texas Water Development Board in Austin whenever necessary until the end of August. 7 Vol. 61, Page 10 A motion by Councilwoman Davis, a second by Mayor Pro Tem Moses, all voting "aye", approved travel for the City Manager to testify before the Texas Water Development Board in Austin whenever necessary. D.6 CITIZEN PARTICIPATION. There was no one in the audience wishing to speak. MAYOR BLAIR ANNOUNCED THAT THE ITEM FOR THE EXECUTIVE SESSION AS DISCUSSED AT THE STUDY SESSION BEGINNING AT 6:27 AND THE COUNCIL CONVENED INTO GENERAL SESSION AT 6:33 P.M. E. la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTMENT TO VALWOOD IMPROVEMENT AUTHORITY. A discussion was held relating to the appointment to the Valwood Improvement Authority Board of Directors. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced that the appointment to the Valwood Improvement Authority Board of Directors will be postponed at this time. F.1 ADJOURNMENT. A motion by Mayor Pro Tem Moses, a second by Councilman Pyle, all voting "aye", adjourned the City Council meeting of July 15, 1991, at 8:38 P.M. Mayor City Secretary Vol. 61, Page 11