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1995-04-17 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING APRIL 17, 1995 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 Assistant City Manager City Attorney City Secretary Communication Director Economic Development Director Director of Community Services City Engineer Director of Finance Director of Parks & Recreation Library Director Fire Chief Director of Public Works City Management Assistant Recording Secretary Richard L. Escalante Linda Tidwell John Burke John Boyle Ruth Ann Parish Donna Huerta Norma Nichols Tom Scales Jerry Murawski Charles Cox Jeff Fuller Mary Jane Stevenson Kyle King Mark Pavageaux David Reedy Cindee Peters Vol. 68, Page 116 Mayor Blair called the City Council Meeting of April 17, 1995 to order at 7:32 P.M.. The meeting was televised. A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. MAYOR'S ANNOUNCEMENT. Mayor Blair stated at this time he would move agenda item A.3 before agenda item A.2 due to the lengthy introduction of the Worksop Folk Dancers. A.3 PRESENTATION BY GARY ANDERSEN, CEO OF RF MONOLITHICS CONCERNING CEBIT '95 IN HANNOVER, GERMANY. Mayor Blair stated RF Monolithics and Dallas SemiConductor, Inc., participated in the City of Farmers Branch's 1995 CeBIT exhibit space March 8-15 in Hannover, Germany. Mayor Blair explained more than 730,000 buyers attended during the eight days at the world's largest trade show for information technology. Mr. Gary Andersen, CEO of RF Monolithics, gave a brief history of his company. Mr. Andersen explained his company makes components for car alarms, garage door openers, keyless entry to cars, and transmitters and receivers for radios. Mr. Andersen stated CeBIT had 750,000 people from 59 countries visit this exhibit. Mr. Andersen explained this exhibit gave companies an opportunity to show their product internationally. Mayor Blair stated he and several Councilmembers were able to visit CeBIT last year and encourages any businesses in Farmers Branch to participate in future CeBIT Fair. A.2 RECOGNIZE WORKSOP FOLK DANCERS AS HONORARY CITIZENS AND PROCLAIM MONDAY, APRIL 17, 1995, AS "WORKSOP FOLK DANCE GROUP" DAY IN FARMERS BRANCH. Mayor Blair read a proclamation and proclaimed Monday, April 17, 1995 as Worksop Fold Dance Group Day. Mayor Blair then presented the proclamation to Mr. Eric Lane. Mayor Blair stated there are 29 English Folk Dancers from Worksop, England, which is within the District of Bassetlaw, our Sister City. Mayor Blair presented an honorary citizenship to each dancer. Mayor Blair explained the dancers are here from April 8-22, and will perform and enjoy dances throughout their stay. Mr. Eric Lane presented Mayor Blair and his wife with a tie and scarf and a gift to the City of Farmers Branch. Vol. 68, Page 117 A motion by Councilman Phelps, a second by Councilwoman Hardie, all voting "aye", approved accepting these gifts from the Worksop Folk Dance group. A.4 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a ten year employee service award to John Glenn of the Equipment Service Department. A.5 PRESENTATION OF BOARD APPLICATIONS. Mr. David Stack, 2530 Leta Mae, presented an application for any vacancy on a board and stated he was a civil engineer who purchased a home in Farmers Branch three years ago and would like to become involved in the community. Mayor Blair recognized Mr. John Wells who has frequented the City Council meetings in the past. A.6 REPORT ON STUDY SESSION ITEMS. Mayor Blair gave a brief summary of the items discussed in the Study Session held prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B. I - B.4. 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", approved the following Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF APRIL 3, 1995. B.2 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 2175: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS; AMENDING ORDINANCE NO. 1381; SPECIFYING THE REMOVAL OF STOP SIGNS AT VARIOUS LOCATIONS; SPECIFYING THE PLACEMENT OF STOP SIGNS AT VARIOUS LOCATIONS; REPEALING Vol. 68, Page 118 ORDINANCE NO. 2141; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE. B.3 ADOPTED RESOLUTION NO. 95-051 APPROVING THE FINAL PLAT FOR THE VILLAS AT PARKSIDE, PHASE I, LOCATED APPROXIMATELY 2000 FEET WEST OF MIDWAY ROAD ON THE SOUTH SIDE OF SPRING VALLEY ROAD WHICH IS ZONED PLANNED DEVELOPMENT DISTRICT NO. 64. B.4 ADOPTED RESOLUTION NO. 95-052 APPROVING A DEVELOPER'S CONTRACT WITH SPECIFIED PROPERTIES IX, L.P. A TEXAS LIMITED PARTNERSHIP FOR THE VILLAS AT PARKSIDE, PHASE I. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the status and happenings of various projects in the City. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF FOULDS, INC., TO GRANT A SPECIFIC USE PERMIT, FOR A PERIOD OF NOT LESS THAN 5 YEARS AND 6 MONTHS, FOR A NON DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOW (SNOW CONE OPERATION) AT 2704 VALWOOD PARKWAY AND WITHIN THE LOCAL RETAIL-2 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Mr. Carl Foulds has applied for a specific use permit-interim use to allow his sno cone operation from May 1, 1995 until October 31, 2000. The proposed sno cone site is located on the south side of Valwood Parkway, approximately 208 feet east of Josey Lane. The property is an undeveloped 0.35 acre parcel and is within the Local Retail-2 zoning district. The Fina service station abuts the property to the west and the Valwood Village Shopping Center bounds it on the east and south. Foulds, Inc., wants to erect a permanent building, 565 square feet in area, to house a sno cone business. The building would be constructed of split-faced concrete block and have a service window facing Valwood Parkway to serve walk up customers. No drive thru service is proposed. Concrete tables and benches located east of the building will provide seating for 16 customers. No indoor seating will be provided. Signage would be limited to a wooden blue awning attached to the building's north side fronting Valwood Parkway. The business intends to operate five months of the year, May through September, seven days a week from Noon until 10:00 p.m. The site would be vacant from October through April. Vol. 68, Page 119 Due to a written protest against the amendment by a property owner who represents approximately 42 percent of the land immediately adjacent to and within 200 feet of the sno cone site, a three-fourths (3/4) vote of the City Council is required to approve the specific use permit. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit Use Permit-Interim Use for a non drive-in restaurant with outside sales window (sno cone operation) at 2704 Valwood Parkway be denied. Mayor Blair opened the public hearing. Mr. Foulds came forward and stated he was not sure whether he should go forward with his request because of so many negative comments. Mr. Foulds explained he had answered all the concerns of the City Council during his previous request, however he was denied. Mr. Foulds stated Monday afternoon he has found someone who is interested in keeping his building open the entire year. There being no other discussion, a motion by Councilman Moses, a second by Councilwoman Davis, all voting "aye", closed the public hearing. Mayor Blair stated that since Mayor Pro Tem Pyle was absent, the City Council has in the past continued such requests that require a three-fourths vote until a full membership of the City Council was present. Mayor Blair explained Mr. Foulds also has the option of going forward with his request at this time. Mr. Foulds asked the City Council if the letter in opposition from the adjacent property owner will be considered in making their decision. Mayor Blair stated each Councilmember will individually consider this request and explained the law requires a three-fourths vote on such requests when there is written objection from 20% of the adjoining property owners. However the City Council considers any objection made by the adjacent property owners when making a decision on zoning requests. Mayor Blair explained if Mr. Foulds could get the owner to submit in writing dropping the protest, then consideration would require a majority vote rather than a 3/4 vote of the City Council. Mr. Foulds stated the City Council favored a permanent building in the past. Mr. Foulds stated that due to the negative comments received on the request that he would like to place the portable building at the same location as approved in previous years and asked the City Council if they would consider this. Councilwoman Davis asked if Mr. Foulds went back to the original site would he have access to restrooms. r' L Vol. 68, Page 120 Mr. Foulds stated in the past his employees were allowed to use the restrooms at Cox Video and should be able to use them in the future. Councilman Davis stated she did have a problem with a permanent building vacant for the remainder of the year. Councilwoman Davis stated she felt there should be a way for Mr. Foulds to do business in Farmers Branch. Councilman Phelps asked what would be involved in keeping the building open with the prospective tenant Mr. Foulds found. Mrs. Jan Cottle, Community Service Department, stated Mr. Foulds would have to again go through the public hearing process because the proposed business is not a sno cone operation. Mr. Foulds stated the proposed tenant operates a donut shop. Councilwoman Davis asked if Mr. Foulds would have to go through the entire process if he used his temporary sno cone stand. Mayor Blair stated he would have to go through the entire process. Mr. Foulds replied he would rather go back to his original temporary building site and operate a sno cone business. Mr. Foulds felt he should postpone this request until he decides which option he should take. Mayor Blair stated Mr. Foulds could also withdraw his request without prejudice in order to pursue another site or the temporary building. Councilman Moses asked how long it would take Mr. Foulds to set up the temporary operation once it was approved. Mr. Foulds stated it would not take long for he would repaint the temporary building and move it to the site . Mr. Foulds stated he would like to withdraw his request without prejudice. City Manager Richard Escalante explained if Mr. Foulds made application at another site, the motion should include waiving filing fees. Vol. 68, Page 121 There being no further discussion, a motion by Councilwoman Davis, a second by Councilwoman Hardie, all voting "aye", approved the request of Mr. Foulds for withdrawal without prejudice and without additional filing fees. C.3 PUBLIC HEARING: TO CONSIDER PARTICIPATING IN THE 1995 DALLAS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The City of Farmers Branch is eligible to submit a funding proposal under the Dallas County Community Development Block Grant Program. Dallas County has notified all eligible cities that the 1995 Community Development Block Grant program application period is underway. Draft proposals must be submitted to Dallas County by 4:30 p.m. on June 2, 1995. The first step in the application process is for the interested city to conduct a public hearing. The public hearing is held for citizens to identify community development needs and comment on any potential funding proposals. Eligible projects that can be funded by the Dallas County Community Development Block Grant program funds include: housing rehabilitation, code enforcement, water and sewer lines, street improvements, drainage improvements, parks, social services, and economic development. Staff from Dallas County will be present to briefly discuss the Community Development Block Grant program. City staff will present a funding proposal for housing rehabilitation. City staff recommends the City of Farmers Branch participate in the 1995 Dallas County Community Development Block Grant Program and conduct a public hearing to encourage public comment. Mayor Blair opened the public hearing. David Reedy, City Management Assistant, stated the staff from Dallas County could not be present. Mr. Reedy stated the CDBG program started in 1988 and uses federal monies that are passed on to Dallas County by the U. S. Department of Housing and Urban Development. Mr. Reedy stated Dallas County can fund community development programs in the County's unincorporated areas and fourteen cities that have entered into agreements with Dallas County. Mr. Reedy explained all projects must either principally benefit low/moderate income households, eradicate blight, or eliminate a community threatening condition. Mr. Reedy explained the projects must also meet one of the County's local objectives 1) provide for orderly growth, 2) improve/ maintain existing neighborhoods, 3) improve communities with limited Vol. 68, Page 122 economic bases, limited growth, and/or high unemployment, 4) promote low income homeownership. Mr. Reedy stated that for the fiscal year beginning October 1, 1995 there is approximately $2,009,000 in funding available. Mr. Reedy explained water/sewer lines, street improvements, drainage improvements, housing rehabilitation, code enforcement, economic development, social services, park acquisition/development and community center construction are considered eligible projects. Mr. Reedy explained the City received $300,000 in housing rehabilitation funding last year under Dallas County CDBG program. Mr. Reedy stated the deadline for residents to apply for housing rehabilitation assistance ended April 15, 1995. Mr. Reedy stated that for an applicant to be considered for eligibility the applicant must own and occupy a single family or duplex housing unit located within the targeted area and meet the limited income established by HUD and Dallas County. Mr. Reedy displayed an overhead slide of the proposed target area. Mr. Reedy stated the target area was determined on the Old Farmers Branch Task Force study and the comprehensive plan. Mr. Reedy stated for any questions residents may call his office at 919-2515 or Abel Saldana with Dallas County for Spanish interpretation at 653-6413. 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 if this year's targeted area is smaller than the previous year. Mr. Reedy stated the targeted area is the same as last year and there have been no changes. Mayor Blair asked if the homeowner sells the property before the loan is forgiven, is the homeowner responsible for the remainder of the loan. Mr. Reedy stated the homeowner would be responsible for the balance of the loan. There being no further discussion, a motion by Councilwoman Hardie, a second by Councilman Moses, all voting "aye", directed the City staff to prepare a funding proposal application subject to City Council approval prior to June 2, 1995. D.1 CONSIDER ADOPTING RESOLUTION NO. 95-053 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GAYLORD BROS. TO PURCHASE AN AUTOMATED INTEGRATED LIBRARY SYSTEM AND TAKE APPROPRIATE ACTION. Vol. 68, Page 123 Mayor Blair presented the following information for consideration. The Farmers Branch Manske Library has operated with its existing automated system since 1975. The system's software was produced in-house by the Data Processing Department when there were virtually no automated systems available for medium-sized public libraries. In the last twenty years, commercial vendors have developed automated systems that have capabilities that the present system lacks. These features include at- home access to the Library's catalog as well as the ability to find information through key words as well as through title, author and subject searches. Funds in the amount of $147,000 to purchase an automated integrated library system were included in the 1994-95 budget. Proposals were opened on February 10, 1995. Five vendors responded to the Request for Proposal. Innovative Interfaces Inc. and Sirsi Corporation submitted "no bid" proposals. Ameritech Library Services (Provo, Utah), Data Research Associates, Inc. (Monterrey, California) and Gaylord Bros. (Syracuse, New York) submitted the remaining proposals. The cost of each vendor's system was as follows: Ameritech $211,917; Data Research Associates (DRA) $228,165 and Gaylord Bros. $165,647. Vendors were evaluated using a point system to judge cost and product attributes. Gaylord Bros. obtained the highest point score of 93 out of 100. The Gaylord Bros. Proposal provides for a fully integrated "turnkey" automated system. This system will include: Acquisitions, Serials (magazines, newspapers, and other periodicals), Bibliographic Control, Statistical Reports and an On-line Public Access Catalog (OPAL). A link to the Carrollton-Farmers Branch Independent School District Media Centers and dial-up access via personal computers are included. Funds in the amount of $147,000 are budgeted in the 1994-95 Fixed Asset Fund for this system. Additional funds in the amount of $15,000 are available from the Friends of the Library. Funds are available in the Fixed Asset Fund for the additional $3,647 that is needed. Staff recommends adopting Resolution No. 95-053 authorizing the City Manager to execute a contract with Gaylord Bros. to purchase an automated integrated library system in the estimated amount of $165,647. Mr. John Wells, 13521 Heartside Place, asked if patrons would be able to use their current library cards. Ms. Mary Jane Stevenson, Library Director, stated new cards will be required because of the new bar code system. Councilman Moses asked what was included in the cost of annual maintenance. Vol. 68, Page 124 Ms. Stevenson stated the maintenance includes any repairs to software and upgrades to the software which usually comes out once to twice a year. Councilman Moses asked if this will keep the Library up to date and would there be any hidden costs involved. Ms. Stevenson replied this is true. Ms. Stevenson stated the staff was very careful in the evaluation of the vendors that there were no hidden costs such as updates for the software. Councilman Phelps asked how this compares to the maintenance the City is currently paying. Mr. Kenneth Campbell, Director of Data Processing, stated the Library has a maintenance cost of the hardware such as the terminals throughout the Library. Mr. Escalante stated the current Library system is hooked into the AS 400 computer at City Hall and the cost of the maintenance is included with the maintenance of the AS 400. Mr. Escalante stated that the Data Processing budget provides for terminal repair or replacement. Mr. Escalante stated this proposal includes updates of the software. Mr. Escalante stated in the past a member of Data Processing would write a new program when a program needed to be modified. Mr. Escalante stated that the software updates are included with the new system. Mr. Escalante stated this will be a stand alone system at the Library so no down time should occur to the computers. Mr. John Wells, 13521 Heartside Place, asked if the City is spending more on a computer than spending on books. Ms. Mary Jane Stevenson, Library Director, stated the maintenance cost will not exceed what is being spent for library books. Ms. Stevenson stated approximately $90,000 is budgeted for the purchase of books and maintenance for the computer system is approximately $14,000. Mr. Wells stated the proposed computer system would purchase two years of books for the library. Mayor Blair explained this will provide better access to the material of the City. Mayor Blair stated the City is providing an additional benefit by purchasing this computer and the City has not reduced any money for the purchase of books. Mayor Blair stated $15,000 comes from the Friends of the Library. City Manager Mr. Escalante explained this system will be user friendly. Mr. Escalante gave an example that a school will be able to check if a particular book is available that may pertain to a subject the class may be studying. Vol. 68, Page 125 There being no further discussion, a motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", adopted Resolution No. 95-053. D.2 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated there is a Public Policy Briefing on April 27th and 28th in Austin presented by the Texas Municipal League. A motion by Mayor Blair, a second by Councilman Moses, all voting "aye", approved travel for any City Councilmember or City staff to attend a Public Policy Briefing in Austin on April 27th and 28th. D.3 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 7:13 P.M. AND CONCLUDED AT 7:21 P.M. MAYOR BLAIR ANNOUNCED THAT 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 TO THE PLANNING AND ZONING COMMISSION. Mayor Blair and members of the City Council discussed the appointment of an alternate member to the Planning and Zoning Commission. E. lb DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE - SECTION 551.071 1. BENNY LILES VS. CITY OF FARMERS BRANCH. City Attorney John Boyle presented an update of the status of the Benny Liles vs. City litigation. Vol. 68, Page 126 E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced that no action was necessary on the item of appointment to the Planning and Zoning Commission. The appointment will be considered at the next meeting. E.3 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced that no action was necessary on the item of the litigation of Benny Liles vs. City of Farmers Branch. City Attorney John Boyle presented a status report to the City Council. F.1 ADJOURNMENT. A motion by Councilwoman Hardie, a second by Councilwoman Davis, all voting "aye", adjourned the City Council meeting of April 17, 1995, at 9:19 P.M. Mayor City Secretary Vol. 68, Page 127