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1996-03-04 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING MARCH 4, 1996 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Nancy Hardie Ron Pyle Bill Moses Bob Phelps Calla Davis The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Tidwell Assistant City Manager John Burke City Attorney John Boyle City Secretary Cindee Peters Communication Director Donna Huerta Economic Development Director Norma Nichols Director of Community Services Tom Scales Director of Equipment Services Don Moore City Engineer Jerry Murawski Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Library Director Mary Jane Stevenson Police Chief Jimmy Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux Traffic Engineer Dave Davis Mayor Blair called the City Council Meeting of March 4, 1996 to order at 7:30 P.M.. The meeting was televised. Vol. 71, Page 55 A.1 INVOCATION. Councilman Moses gave the invocation. Boy Scout Troop 713 posted the colors of the flag and led the pledge of allegiance to the flag. MAYOR'S ANNOUNCEMENTS Mayor Blair announced that the City Council will hold a special City Council meeting on March 7, 1996 at 6:30 p.m. in the Farmers Branch Manske Library. Mayor Blair announced this special meeting will be held to call a special election to fill the unexpired term of City Council Member Place 1. Mayor Blair introduced Cindee Peters as the new City Secretary. Mayor Blair announced that the funeral for Kathy Dopson and her husband J. W. Dopson will be held March 5, 1996 at 1:00 p.m. at the Webb Chapel Methodist Church. Mayor Blair explained Kathy Dopson was the manager for the Farmers Branch Credit Union who perished in a fire with her husband. A.2 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.3 REPORT ON STUDY SESSION ITEMS. Mayor Blair gave a brief summary of the items discussed in 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 Mayor Pro Tem Hardie, a second by Councilman Moses, all voting "aye", added item CA to the consent agenda. Vol. 71, Page 56 A motion by Mayor Pro Tem Hardie, a second by Councilman Phelps, all voting "aye", approved the following Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF FEBRUARY 19, 1996. B.2 APPROVED RESOLUTION NO. 96-031 AUTHORIZING THE PURCHASE OF TRAFFIC SIGNAL CONTROLLERS FROM HI-TECH SIGNALS, INC. IN THE AMOUNT OF $27,950. B.3 AUTHORIZED THE CITY MANAGER TO EXECUTE RELEASE OF LIABILITY FORMS WITH: GJSI-TEXAS, INC., TEACHERS INSURANCE & ANNUITY ASSOCIATION AND PRENTISS PROPERTIES LIMITED, INC. FOR USE OF THEIR PARKING FACILITIES FOR SPECIAL EVENTS HELD AT THE HISTORICAL PARK DURING THE 1996 CALENDAR YEAR. B.4 APPROVED RESOLUTION NO. 96-026 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH AND ACTIVETELL D. INC., A PRIVATE SWITCH PROVIDER RELATIVE TO PROVIDING 9-1-1 SERVICE TO SONTERA AT PARKSIDE APARTMENT COMPLEX, 3950 SPRING VALLEY RD., FARMERS BRANCH, TEXAS. CA ADOPTED RESOLUTION NO. 96-014 APPROVING A DEVELOPER'S CONTRACT WITH TRAVELERS REALTY INVESTMENT COMPANY FOR PART OF THE CENTREPLACE ADDITION. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status and happenings of various projects in the City. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF TRAVELERS REALTY INVESTMENT COMPANY TO AMEND THE PLANNED DEVELOPMENT NUMBER 50 (PD-50) ZONING DISTRICT PERMITTED USES AND DEVELOPMENT STANDARDS AND TAKE APPROPRIATE ACTION. Mayor Blair stated this item was continued from the February 5, 1996 City Council meeting to allow the applicant additional time to review the proposed PD-50 uses and development standards. Travelers Realty Investment Company representatives are still reviewing the proposed development standards and associated developer's contract for PD-50. Vol. 71, Page 57 Staff recommends that consideration of this item be continued until the March 18, 1996, City Council meeting. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", continued consideration of this item until the March 18, 1996, City Council meeting. C.3 PUBLIC HEARING: CONSIDER THE REQUEST BY THE CITY OF FARMERS BRANCH TO CONSIDER AMENDING ARTICLE 8-700 AND ARTICLE 16 OF THE COMPREHENSIVE ZONING ORDINANCE TO AMEND THE DEFINITION OF HOTEL/MOTEL AND TO ESTABLISH HOTEL/MOTEL REGULATIONS AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. On December 5, 1995, the City Council adopted Ordinance Number 2238 which imposed a moratorium relative to the issuance of permits for construction or occupancy of hotels and motels from December 5, 1995 until March 4, 1996. The purpose of the moratorium was to allow time for review of all Planned Development zones relative to hotel and motel uses. Proposed Ordinance Number 2249 amends the Comprehensive Zoning Ordinance and states that a Specific Use Permit (SUP) for hotels and motels is required in all Planned Development zoning districts. Ordinance Number 2249 also amends the Zoning Ordinance by establishing regulations to help ensure that hotel and motel development is compatible with and equal to or exceeds the standards of development for other uses and structures of surrounding areas, and with the future development plans of neighboring properties. The Planning and Zoning Commission, by unanimous vote, recommends that Ordinance Number 2249 be approved which provides the Planning and Zoning Commission, after the review of submitted data and facts, the ability to determine that such hotel or motel is appropriate for the area. The City Staff recommends that Ordinance Number 2249-A (alternate Ordinance 2249) be approved which provides that the City Council, following a recommendation by the Planning and Zoning Commission, and after the review of submitted data and facts, is the final authority in determining that such hotel or motel use and design is appropriate for the area. The changes as proposed in Ordinance Number 2249-A have been discussed with Chairman Patton of the Planning and Zoning Commission and he has no objection to the proposed ordinance or the recommendation. Mayor Blair opened the public hearing. Vol. 71, Page 58 City Manager Richard Escalante explained that the Chairman of the Planning and Zoning Commission, Mr. Patton, was present at the Study Session to explain the changes in the alternate ordinance that staff has prepared. Mr. Escalante stated Mr. Patton had no problem with the changes. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", closed the public hearing. Councilwoman Davis asked if there is any location in Farmers Branch a hotel could be built and not go before the City Council. Mr. Tom Scales, Director of Community Services, stated by adopting this proposed ordinance all requests for hotels/motels would have to come before the City Council for approval. A motion by Councilman Phelps, a second by Councilwoman Davis, all voting "aye', adopted the following captioned alternate Ordinance Number 2249 amending Article 8-700 and Article 16 of the Comprehensive Zoning Ordinance as recommended by the City Staff. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; AMENDING SECTION 8-700 1.(7) DEFINITION OF "HOTEL/MOTEL"; BY AMENDING SECTION 16 SO AS TO ESTABLISH HOTEL/MOTEL REGULATIONS AND PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. CA CONSENT. D.1 CONSIDER ADOPTING RESOLUTION NO. 96-020 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DAL-TECH ENGINEERING INC. FOR ENGINEERING SERVICES AND PAVING DESIGN OF TWO ALLEYS AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Design and construction of an alley located between Eric Lane and Randy Lane from Josey Lane to Veronica Road and an alley located between Lavita Lane and Selma Lane from Veronica Road to Austell Parkway are budgeted in the 1995-96 City's Alley Paving Program in an amount of $300,000. Vol. 71, Page 59 An agreement has been negotiated with Dal-Tech Engineering, Inc. for paving design of the above mentioned alleys in an amount not to exceed $22,525. The proposed concrete alleys will be ten feet wide. Dal-Tech Engineering, Inc. has successfully performed engineering services for the City of Farmers Branch in the past. The City Engineer recommends the approval of Resolution No. 96-020 authorizing the execution of an agreement with Dal-Tech Engineering, Inc. for engineering services and paving design of two alleys. A motion by Mayor Pro Tem Hardie, a second by Councilman Pyle, all voting "aye". adopted Resolution No. 96-020 authorizing the execution of an agreement with Dal- Tech Engineering, Inc. for engineering services and paving design of two alleys in an amount not to exceed $22,525. D.2 CONSIDER ADOPTING RESOLUTION NO. 96-027 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR MUTUAL AID IN DISASTER ASSISTANCE AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Following the tornado that caused extensive damage to Lancaster and DeSoto, a meeting was held with officials of the North Central Texas Council of Governments and area city managers to review the mutual aid assistance that was provided. The North Texas Council of Governments helped prepare an Agreement for Mutual Aid in Disaster Assistance and has invited all cities within their sixteen county region to participate. The City of Dallas Emergency Operations Center has been established as the coordinating agency, and to participate in the program, cities must execute the necessary agreement and pay the $500.00 deposit. The agreement specifies that the requesting City is responsible to reimburse all responding cities for the cost of the emergency services provided. The Fire Chief recommends adoption of Resolution No. 96-027 authorizing the City Manager to execute an Agreement for Mutual Aid in Disaster Assistance. A motion by Councilman Pyle, a second by Councilman Phelps, all voting "aye" adopted Resolution No. 96-027 authorizing the City Manager to execute an Agreement for Mutual Aid in Disaster Assistance. Mayor Blair stated the early warning signals in Farmers Branch should be in operation by April 1, 1996. Vol. 71, Page 60 D.3 CONSIDER ADOPTING RESOLUTION NO. 96-028 AWARDING THE BID FOR THE INTERSECTION IMPROVEMENTS AT VALLEY VIEW LANE AND MARSH LANE TO GIBSON AND ASSOCIATES, INC. AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The Valley View Lane at Marsh Lane Intersection Improvement Project is a DART Local Assistance program funded project. It is budgeted as part of the 1995-96 Capital Improvement Program in the amount of $250,000 which includes $50,000 for resurfacing Marsh Lane between Valley View Lane and Brookhaven Club Drive. The resurfacing will be performed under a separate agreement with Dallas County later this year. The project was previously bid in November 1995; however, no bids were received. The project was re-advertised. Four bids were received and opened on January 30, 1996. All bids met specifications; the lowest bidder was Gibson and Associates, Inc. submitting a bid of $276,054.45 with a contract time of 60 calendar days. Gibson and Associates, Inc. has provided adequate qualifications and references for similar work. The materials testing is estimated at $3,500, and the resurfacing is estimated at $50,000, for a total project cost of $329,554.45. An additional $79,554.45 is needed to fund the project. Additional funds are available in DART Local Assistance Program Budget, Luna Road Reconstruction Project. The City Engineer recommends adopting Resolution No. 96-028 awarding the bid for the intersection improvements at Valley View Lane at Marsh Lane to the firm of Gibson and Associates, Inc. A motion by Councilwoman Davis, a second by Mayor Pro Tem Hardie, all voting "aye", adopted Resolution No. 96-028 awarding the bid for the Intersection Improvements at Valley View Lane at Marsh Lane to Gibson and Associates, Inc. DA CONSIDER ADOPTING RESOLUTION NO. 96-032 NOMINATING MARSH LANE PATHWAY PROJECT FOR THE STATEWIDE ENHANCEMENT PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The Texas Department of Transportation has announced its third call for projects for the Statewide Enhancement Program. Staff has prepared candidate project information for the Marsh Lane Pathway from Gardenbrook Drive to Valley View Lane including landscape and irrigation enhancements. The pathway is proposed to continue east of Marsh Lane along Valley View Lane and connect to the Brookhaven College pathway system. Vol. 71, Page 61 The total estimated project cost for the administration, design and construction of the pathway, landscape, and irrigation is $600,000. The City is required to provide $120,000 of the total estimated project cost in local matching funds. If this project is selected, funds will have to be budgeted in the Capital Improvement Program in the year when the State anticipates beginning design and construction. The City Engineer recommends adopting Resolution No. 96-032 nominating Marsh Lane Pathway project for the Statewide Enhancement Program. Mayor Blair stated out of six projects in 1995, Farmers Branch was number seven. Mayor Blair stated the City is looking forward to the possibility of getting this project in the 1996 program. A motion by Mayor Pro Tern Hardie, a second by Councilman Moses, all voting "aye", adopted Resolution No. 96-032 nominating the Marsh Lane Pathway project for the Statewide Enhancement Program. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no Council travel reports or requests. D.6 CITIZEN PARTICIPATION. No one came forward. MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:00 P.M. STUDY SESSION. THE DISCUSSION BEGAN AT 5:40 P.M., WITH A BREAK AT 6:00 P.M., BEGINNING AGAIN AT 6:32 P.M. AND CONCLUDING AT 7:05 P.M. MAYOR BLAIR ANNOUNCED THAT ACTION ON THE ITEMS DISCUSSED WAS RECESSED UNTIL THE 7:30 P.M. MEETING. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.la DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074 1. DISCUSS APPOINTMENT TO THE VALWOOD IMPROVEMENT AUTHORITY BOARD OF DIRECTORS. 2. DISCUSS APPOINTMENT TO THE DALLAS-FORT WORTH FILM COMMISSION BOARD OF DIRECTORS. Vol. 71, Page 62 3. DISCUSS APPOINTMENT TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD. 4. DISCUSS APPOINTMENT TO THE PARK AND RECREATION BOARD. Mayor Blair and members of the City Council discussed the appointments to the various boards indicated above. E. lb DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS LAND ACQUISITION IN OLD FARMERS BRANCH. Mayor Blair and City Manager Richard Escalante gave a report to the City Council on the possible land acquisition in Old Farmers Branch. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Mayor Pro Tem Hardie, a second by Councilman Moses, all voting "aye", reappointed Buddy Rees to the Valwood Improvement Authority with the term to expire December 1, 1997. A motion by Councilman Phelps, a second by Councilwoman Davis, all voting "aye", appointed City Manager Richard Escalante to serve on the Dallas/Fort Worth Film Commission Board of Directors. A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", appointed Alice Ellett to serve as Alternate Place 2 on the Historical Preservation and Restoration Board and the term to expire on February 1, 1998. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", changed the term of Alternate Place 1 on the Parks and Recreation Board to expire on October 1, 1997. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair gave an update of a meeting the City Manager and he attended with the property owners in Old Farmers Branch. Ms. Patsy Martin with Ebby Halliday Realtors asked that the City Council consider the cost of relocating owners if the City purchases any of these properties. Vol. 71, Page 63 F.1 ADJOURNMENT. A motion by Councilman Moses, a second by Mayor Pro Tem Hardie, all voting "aye", adjourned the City Council meeting of March 4, 1996, at 8:22 P.M. Mayor City Secretary 1 Vol. 71, Page 64