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1994-10-17 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING OCTOBER 17, 1994 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Councilmembers 1 Dave Blair Bill Moses Bob Phelps Nancy Hardie Calla Davis The following member of the City Council was absent: Mayor Pro Tem Ron Pyle The following members of the City Administration were present: City Manager Assistant City Manager City Attorney City Secretary Communication Director Director of Community Services Director of Planning City Engineer Director of Finance Director of Parks & Recreation Library Director Fire Chief Director of Public Works City Management Assistant Traffic Engineer Recording Secretary Richard L. Escalante John Burke Stan Lowry Ruth Ann Parish Donna Huerta Tom Scales Michael Spicer Jerry Murawski Charles Cox Jeff Fuller Mary Jane Stevenson Kyle King Mark Pavageaux David Reedy Dave Davis Cindee Peters Volume 67, Page 83 Mayor Blair called the City Council Meeting of October 17, 1994 to order at 7:30 P.M.. The meeting was televised. Boy Scout Troop 34, Den 3 and Den 6 of Christ United Methodist Church posted the colors of the flag and lead the pledge of allegiance. Mayor Blair had each boy scout introduce themselves and their leaders. A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 CONSIDER PROCLAIMING OCTOBER 24-30, 1994 AS NATIONAL UNFUNDED MANDATES WEEK. Mayor Blair presented the following information for consideration. The National League of Cities in conjunction with many cities nationwide are joining to declare October 24-30, 1994 as National Unfunded Mandates Week. During this week, cities will be increasing public awareness about unfunded mandates and their costly impact to local governments and taxpayers. Unfunded mandates are federal and state laws and regulations imposed on local governments to accomplish federal or state objectives. Cities are required to spend City tax funds to comply with these laws and regulations. Federal and state funds are not provided to pay the cost of meeting these requirements. Unfunded mandates are a national problem, with an estimated total cost of over $430 billion, and directly affect almost every local government, and their citizens. Recent examples of unfunded mandates are contained within the 1994-95 adopted City budget. In excess of $1 million dollars will need to be spent over the next year to upgrade and monitor the City's landfill. Additionally, the City must begin to set aside funds for closure of the landfill, an event which will not likely occur for another 35 years. Increased costs have been incurred by the City to comply with the Safe Drinking Water Act and the Clean Water Act. The City's annual cost to the Trinity River Authority to treat its wastewater has increased from $1.4 million in 1989 to $2.9 million in 1993. This 104% cost increase is largely due to environmental unfunded mandates. The United States Congress is currently considering legislation that would provide significant accountability and procedural safeguards to protect cities from future federal unfunded mandates. Citizens are encouraged to contact their Congressman and both Senators voicing support for swift passage of the Federal Mandate Accountability and Reform Act. Volume 67, Page 84 A.3 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a ten year employee service award to Elaine Nienkamp of the Engineering Department. A.4 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION - B.1. Mayor Blair stated 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 Councilwoman Hardie, a second by Councilman Phelps, all voting "aye", added items C.3, CA, and D.3 to the Consent Agenda. A motion by Councilwoman Hardie, a second by Councilman Phelps, all voting "aye", approved the following Consent Agenda items. B.1 APPROVED THE MINUTES OF CITY COUNCIL MEETING OF OCTOBER 3, 1994 AS CORRECTED. C.3 APPROVED REQUEST OF THE DALLAS COUNTY COMMUNITY COLLEGE DISTRICT FOR SITE PLAN APPROVAL OF A NEW COMPUTER SCIENCE BUILDING AND AUTOMOTIVE TECHNOLOGY BUILDING ADDITION ON THE BROOKHAVEN COLLEGE CAMPUS LOCATED AT 3939 VALLEY VIEW LANE AND WITHIN THE PLANNED DEVELOPMENT NO. 20 ZONING DISTRICT. CA APPROVED REQUEST OF BOB QUINTANA, ON BEHALF OF KRAUSES SOFA FACTORY STORE, FOR SITE PLAN APPROVAL OF A RETAIL BUILDING LOCATED AT 4519 LBJ FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NO. 40 ZONING DISTRICT. D.3 ADOPTED RESOLUTION NO. 94-137 APPROVING TERMINATION OF THE CAMELOT LANDFILL SOLID WASTE DISPOSAL CONTRACT WITH THE CITY OF CARROLLTON. Volume 67, Page 85 C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of various projects in the City. Mayor Blair reminded citizens of Farmers Branch that the Police Department will be hosting the Red Ribbon Softball tournament this weekend. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF THE HARTFORD FIRE INSURANCE COMPANY TO AMEND THE BUILDING VOLUME REGULATIONS OF THE PLANNED DEVELOPMENT NO. 39 ZONING DISTRICT RELATIVE TO BUILDING SETBACKS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Planned Development No. 39 is a high density office zoning district located at the northwest corner of LBJ Freeway and Inwood Road. The district is bounded by Simonton Road and railroad right-of-way to the north and Welch Road to the west. The Hartford Fire Insurance Company owns approximately 19.7 acres, known as Heritage Square, within the PD-39 District. Generally, the Hartford property is bounded by McEwen Road, Road A and Road B. Road A and Road B are streets that provide access to the Hartford property and surrounding high rise buildings from the LBJ frontage road and McEwen Road, respectively. Roughly a third of the property is developed with two above ground parking garages which front McEwen Road and two mid-rise office towers, one in proximity to Road A and the other fronting Road B. The remainder of the property is vacant. PD-39 Development Standards presently require minimum side and rear yard setbacks of 10 feet and a minimum front yard setback of 20 feet along all public streets. Hartford's request pertains to its property exclusively, and includes two parts: (1) that side and rear yard setbacks be eliminated and (2) that front yard setbacks along Road A, Road B, and McEwen Road be reduced to 10 feet, relative to existing structures only. Whereas PD-39 presently requires a minimum setback of 20 feet along all these streets, one of the existing office towers and one of the existing parking garages presently do not meet the minimum required setbacks and are non-conforming structures. Volume 67, Page 86 Should the request be granted, the non-conforming status of the existing office and parking structures would be eliminated and no minimum side or rear yard setbacks would be required for either existing or future buildings on Hartford's property. The Planning and Zoning Commission, by unanimous vote, recommends the PD-39 Development Standards Building Volume Regulations be amended as follows: Concerning the PD-39 district as a whole: a minimum side and rear yard setback of 10 feet shall be required unless a lesser setback is established on a site plan duly approved by the City Council following a recommendation of the Planning and Zoning Commission. Concerning the Hartford property and the existing buildings only: a minimum setback of 10 feet shall be required along Road A, Road B, and McEwen Road effective for as long as the existing structures exist in accordance with the approved site plan for Block "B" of the Heritage Square development (Resolution No. 88-087). Mayor Blair opened the public hearing. Mr. Bill Dahlstrom came forward and stated this request is to clean up all non- conforming situations and allow flexibility to develop and subdivide the property. Mr. Johnson asked if there is any plans in the immediate future to develop the vacant property? Mr. Dahlstrom stated there are no plans for development in the future. Mayor Blair stated the City is planning to open a temporary road to McEwen Road until development occurs. Mayor Blair stated McEwen Road stops at their property and traffic goes through their parking lot. Mr. Dahlstrom stated this is a reason for the request and to avoid non-conformity of the parking lot so close to the temporary road. There being no further discussion, a motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", closed the public hearing. Mayor Blair asked Mr. Spicer, Director of Planning to give a brief explanation of what this request will accomplish. Mr. Spicer stated Hartford's request would eliminate required setbacks for the side and rear yards and reduce the required front yard setbacks from 20 feet to 10 feet. Mr. Spicer stated that it is being recommended to Council that side and rear yard setbacks remain at 10 feet unless a lessor setback is approved on a site plan and that Volume 67, Page 87 front yard setbacks be reduced to 10 feet as they relate to existing buildings only. Councilman Phelps asked if Hartford was agreeable with the conditions recommended by the Planning and Zoning Commission? Mr. Dahlstrom replied they were agreeable. There being no further discussion, a motion by Councilman Moses, a second by Councilwoman Davis, all voting "aye", adopted the following captioned Ordinance No. 2143 which amends the PD-39 Development Standards in accordance with the Planning and Zoning Commission's recommendation. 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 THE BUILDING VOLUME REGULATIONS ESTABLISHED UNDER ORDINANCE 2071 FOR THE PLANNED DEVELOPMENT NO. 39 (PD-39) ZONING DISTRICT ALLOWING HIGH DENSITY OFFICE USES, AND WHICH IS BOUNDED BY THE LBJ FREEWAY (I-635) TO THE SOUTH, WELCH ROAD TO THE WEST, SIMONTON ROAD AND A 40 FOOT RAILROAD RIGHT-OF-WAY TO THE NORTH, AND INWOOD ROAD TO THE EAST; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. C.3 CONSENT. CA CONSENT. C.5 CONSIDER REQUEST FROM THE FARMERS BRANCH CHAMBER OF COMMERCE AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Farmers Branch Chamber of Commerce has submitted a funding request in the amount of $47,500 for 1994-95. Funding requested is for the 1995 Folklore Festival and for the 1995 Farmers Branch Triathlon. This request is an increase of $1,200 over last year. The funding for the Folklore Festival is at the same level as in previous years. The request for funding for the Triathlon is new this year. Typically the Chamber has requested funding for Christmas Present and Past. Starting in 1995, the Chamber desires to turn the Christmas events over to the city allowing the Chamber to concentrate on the Triathlon. The Chamber plans to assist with future Christmas events in a support capacity by providing volunteers. Volume 67, Page 88 The City staff recommends authorizing the City Manager to enter into a contract with the Farmers Branch Chamber of Commerce to provide funding in the amount of $47,500 for the 1995 Folklore Festival and the 1995 Farmers Branch Triathlon. Mayor Blair explained in Study Session there was a question concerning insurance coverage and in order to allow the Chamber time to research the cost of obtaining higher coverage relative to the Triathlon event, and the City Council would like to table this item. There being no further discussion, a motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", tabled this item until the November 7, 1994 City Council meeting. D.1 CONSIDER ADOPTING ORDINANCE NO. 2130 SETTING CABLE TELEVISION RATES FOR BASIC SERVICE AND EQUIPMENT CHARGED BY TCI CABLEVISION OF DALLAS, INC. AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The City of Farmers Branch is certified as a franchising authority to regulate basic cable television rates and equipment charges provided by TCI Cablevision of Dallas, Inc. The City must determine if the basic cable rates and equipment charges offered by TCI for the period between September 1, 1993 and July 14, 1994 exceeded the maximum permitted benchmarks adopted by the Federal Communications Commission. The City engaged the consulting services of First Southwest Company to assist review TCI's basic service rates and equipment charges to determine their reasonableness. The City Staff and First Southwest Company have completed reviewing the rate justifications submitted by TCI. City staff and First Southwest Company have determined that TCI's actual basic service rates and equipment charges between September 1, 1993 and July 14, 1994 were generally below the rates permitted by federal rate regulations. The City Staff and First Southwest Company have determined that the actual hourly service charge rate exceeded the maximum permitted rate. However, since TCI's other rates were generally below the permitted rates, TCI's total actual revenues collected were less than the maximum permitted revenues that could have been collected under federal regulations. Therefore, TCI has no refund liability to Farmers Branch customers between September 1, 1993 and July 14, 1994. Ordinance No. 2130 establishes the maximum benchmark rates and charges TCI was permitted to charge subscribers between September 1, 1993 and July 14, 1994 according to federal rate regulations. The City Management Assistant recommends that Ordinance No. 2130 be adopted Volume 67, Page 89 setting cable television rates and charges for basic service and equipment for the period between September 1, 1993 and July 14, 1994. Mayor Blair explained this is the first time the City had a chance to review in depth TCI Cablevision. Mayor Blair stated the City has worked long and hard to have a say in cable regulations. There being no further discussion, a motion by Councilwoman Davis, a second by Councilwoman Hardie, all voting "aye", adopted the following captioned Ordinance No. 2130 setting cable television rates and charges for basic service and equipment for the period between September 1, 1993 and July 14, 1994. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, SETTING CABLE TELEVISION RATES FOR BASIC SERVICE AND EQUIPMENT CHARGED BY TCI CABLEVISION OF DALLAS, INC. BETWEEN SEPTEMBER 1, 1993 AND JULY 14, 1994. D.2 CONSIDER ADOPTION OF RESOLUTION NO. 94-131 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE DALLAS SYMPHONY ORCHESTRA FOR A POPS CONCERT, SATURDAY, JUNE, 3, 1995 AT 7:30 P.M. IN THE AMOUNT NOT TO EXCEED $27,000 AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Staff has been in contact with the Dallas Symphony Orchestra regarding a 1995 concert date. The 1995 date will be the seventh consecutive year a concert has been offered at the Historical Park. Staff has received and reviewed a contract for the 1995 appearance. The proposed contract provides for a concert date of June 3, 1995. The concert will begin at 7:30 p.m. and end no later than 9:45 p.m. A 20 minute intermission will occur after the first 50 minutes of the performance. The contract provides for a payment of $27,000, which is the same amount paid for the 1994 concert. Hotel- Motel funds are available in the 94-95 budget for the concert and for support services. The Chamber of Commerce has been notified of the date of the Dallas Symphony Orchestra performance, and have set the dates for the Folklore Festival for June 3-4, 1995. In case of inclement weather the R.L Turner High School Auditorium will be the alternate concert site. The Director of the Parks and Recreation Department recommends adopting Resolution No. 94-131 authorizing the City Manager to execute a contract with the Dallas Symphony Orchestra for a Pops Concert, Saturday, June 3, 1995 at Volume 67, Page 90 7:30 p.m. in the amount not to exceed $27,000. There being no discussion, a motion by Councilwoman Hardie, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 94-131 authorizing the City Manager to execute a contract with the Dallas Symphony Orchestra for a Pops Concert, Saturday, June 3, 1994 at 7:30 p.m. in the amount not to exceed $27,000. D.3 CONSENT. DA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There was no travel reports or requests. D.5 CITIZEN PARTICIPATION. No one came forward. MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION UNDER EXECUTIVE SESSION. THE DISCUSSION ON THE ITEMS BEGAN AT 6:25 P.M. AND CONCLUDED AT 7:00 P.M. MAYOR BLAIR ANNOUNCED THAT THE ACTION ON THE ITEMS DISCUSSED WERE RECESSED UNTIL THE 7:30 P.M. MEETING. TEXAS GOVERNMENT CODE, CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION, AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN EXECUTIVE SESSION. E. la DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074 1. DISCUSS APPOINTMENT FOR ALTERNATE 2 POSITION ON THE ZONING BOARD OF ADJUSTMENTS AND BUILDING CODE BOARD OF APPEALS. 2. DISCUSS APPOINTMENTS TO THE INDUSTRIAL DEVELOPMENT CORPORATION AND HOUSING FINANCE CORPORATION BOARD OF DIRECTORS. 3. DISCUSS APPOINTMENTS TO THE PARKS AND RECREATION BOARD. Mayor Blair and members of the City Council discussed the various items as listed above. Volume 67, Page 91 E. lb DISCUSS PENDING AND CONTEMPLATED LITIGATION- TEXAS GOVERNMENT CODE SECTION 551.071 1. DISCUSS CONTEMPLATED LITIGATION RELATIVE TO CITY OF FARMERS BRANCH VS. HAMMERLI. Assistant City Manager John Burke briefed the City Council relative to the City of Farmers Branch VS. Hammerli contemplated litigation. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair called for necessary action of items discussed relative to Personnel Matters. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", appointed William Beattie to serve the Alternate 2 position on the Zoning Board of Adjustments and Building Code Board of Appeals for a terms to expire December 14, 1994. A motion by Councilman Moses, a second by Councilwoman Hardie, all voting "aye", reappointed the following to serve on the Industrial Development Corporation and Housing Finance Corporation Board of Directors for a term to expire October 1, 1996: Place 2 Roger Harper Place 3 Bill Binford Place 4 Betty Thompson Place 5 Ken Quevreaux A motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", reappointed the following to serve on the Parks and Recreation Board for a term to expire October 1, 1996. Place 2 Barney Wood Place 4 Allan Moore Place 6 Margaret Young E.3 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated Assistant City Manager John Burke briefed the City Council relative to the City of Farmers Branch VS. Hammerli contemplated litigation. No action was necessary. Volume 67, Page 92 F.1 ADJOURNMENT. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", adjourned the City Council meeting of October 17, 1994, at 8:23 P.M. Mayor City Secretary 1 Volume 67, Page 93