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1996-04-01 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING APRIL 1, 1996 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Nancy Hardie Councilmembers 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 City Engineer Jerry Murawski Director of Equipment Services Don Moore 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 City Management Assistant David Reedy Mayor Blair called the City Council Meeting of April 1, 1996 to order at 7:30 P.M.. The meeting was televised. Vol. 71, Page 77 L~ A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 CONSIDER ACCEPTING PLAQUE AND VIDEO CASSETTE RECORDER FROM PRODUCTION TOOL SALES FOR THE FIRE DEPARTMENT. Mayor Blair gave the following information for consideration. Wiley Cox, owner of Production Tool Sales, and his employees would like to present a plaque and video cassette recorder to the Farmers Branch Fire Department. These gifts are to express appreciation to the Fire Department for the emergency service provided at the tragic fire that took the lives of their fellow employee, J.W. Dopson and his wife Kathy, on February 28, 1996. The video cassette recorder will be used for training classes presented to all Fire Department personnel. The Fire Chief recommends acceptance of the plaque and video cassette recorder from Mr. Cox and the employees of Production Tool Sales. Mr. Cox presented a plaque and video cassette recorder to Fire Chief Kyle King. Members of the Dopson Family were in attendance for the presentation. A.3 PROCLAIM TUESDAY, APRIL 9, 1996 AS VOLUNTEER CENTER OF DALLAS COUNTY OUTSTANDING VOLUNTEER RECOGNITION DAY. Mayor Blair read the proclamation and presented the proclamation to Julie Clapp, a representative from Dallas County Volunteer Organization. A.4 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a five year employee service award to Ricky Garrison of the Fire Department. Mayor Blair presented a five year employee service award to Angelo Nigo of the Fire Department. Mayor Blair presented a twenty-five year employee service award to Buck Criner of the Fire Department. A.5 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. Vol. 71, Page 78 A.6 REPORT ON STUDY SESSION ITEMS. Mayor Pro Tem Nancy Hardie 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.1 - B.9. 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 Councilwoman Davis, all voting "aye", added item D.2 to the consent agenda. A motion by Mayor Pro Tem Hardie, a second by Councilman Pyle, all voting "aye", approved the following Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MARCH 18, 1996. B.2 ADOPTED RESOLUTION NO. 96-047 AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH AND THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT RELATIVE TO CONTRACTING FOR SERVICES FROM THE SCHOOL DISTRICT'S FAMILY SERVICES DEPARTMENT. B.3 APPROVED RESOLUTION NO. 96-038 TO ACCEPT A SANITARY SEWER EASEMENT DONATED TO THE CITY OF FARMERS BRANCH BY STATE STREET BANK AND TRUST COMPANY OF CONNECTICUT FOR THE CONSTRUCTION OF A SANITARY SEWER LINE FOR THE LBJ SEGMENT OF THE EASTSIDE SANITARY INTERCEPTOR SEWER SYSTEM. B.4 APPROVED ADOPTING RESOLUTION NO. 96-042 AUTHORIZING AN AGREEMENT WITH THE AMERICAN RED CROSS FOR DISASTER ASSISTANCE. Vol. 71, Page 79 B.5 ADOPTED RESOLUTION NO. 96-039 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ATLAS ENTERPRISES, INC. FOR FIREWORKS SHOWS ON SATURDAY, JUNE 8, 1996 AND THURSDAY, JULY 4, 1996. B.6 APPROVED REQUEST BY FREMONT FUNDING FOR FINAL PLAT APPROVAL OF TWO VALWOOD PARK REVISED. B.7 APPROVED REQUEST BY ROBYN T. CONLON FOR FINAL PLAT APPROVAL OF CONLON/SIGMA. B.8 APPROVED THE REQUEST OF HI-LINE ELECTRIC COMPANY FOR SITE PLAN APPROVAL TO ALLOW THE EXPANSION OF THEIR EXISTING BUILDING LOCATED AT 2121 VALLEY VIEW LANE AND WITHIN THE PLANNED DEVELOPMENT 22 (PD-22) ZONING DISTRICT. B.9 ADOPTED ORDINANCE NO. 2256 FOR ABANDONMENT OF UTILITY EASEMENT WITHIN TWO VALWOOD PARK REVISED. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS PROVIDING FOR ABANDONMENT OF ITS INTEREST IN AN UTILITY EASEMENT WITHIN TWO VALWOOD PARK REVISED. D.2 ADOPTED RESOLUTION NO. 96-040 AWARDING BIDS FOR THE ANNUAL REPLACEMENT OF SMALL EQUIPMENT FOR THE PARKS AND RECREATION DEPARTMENT. 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 FOULDS, INC., FOR APPROVAL OF A SPECIFIC USE PERMIT-INTERIM USE FOR A NON DRIVE- IN RESTAURANT WITH OUTSIDE SALES WINDOW AT 2825 VALLEY VIEW LANE AND WITHIN THE LOCAL RETAIL-2 (LR-2) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Mr. Carl Foulds would like to operate a temporary sno cone stand on the parking lot of the shopping center located at the northwest corner of Valley View Lane and Josey Lane. The stand will be placed approximately 70 feet east of the Cox Video Superstore. Mr. Foulds has applied for a Specific Use Permit-Interim Use which would allow the sno Vol. 71, Page 80 cone stand to operate from May 1, 1996 through September 30, 1996. The Building Code Board of Appeals has granted Mr. Fould's request for a variance to allow a portable wood building, having exterior walls with less than 75 percent masonry, to be placed at this location through September 30, 1996 with the condition the Specific Use Permit request is approved by the City Council. Mr. Foulds has previously operated a temporary sno cone stand at this same location during the summers of 1991, 1992, 1993, 1994 and 1995. The Planning and Zoning Commission, by a 5 to 2 vote, recommends the Specific Use Permit-Interim Use to allow the temporary sno cone stand be approved as requested with the following conditions: 1. The portable building and all appurtenances be removed from the property within 7 days subsequent to the expiration of the Specific Use Permit. 2. The ice storage appliance be located along the north side of the sno cone stand. Mayor Blair opened the public hearing. Mr. Foulds, Lewisville, Texas, came forward. Mr. Foulds stated he plans to use the same building, same equipment and same location as last year. Mr. Foulds explained he was well liked by the people of Farmers Branch and he would answer any questions about his operation. Ms. Gail Mentora, 3030 Amber, stated she was speaking for her mother who spoke very little English. Ms. Montora stated her family has enjoyed the snow cones they have purchased from Mr. Foulds. Mr. Jim Potts, 2917 Old North, stated he has lived in Farmers Branch for 30 years. Mr. Potts stated his daughter has worked for Mr. Fould since 1992 and has always felt safe at the location. Mr. Potts stated he has enjoyed the snow cones as well. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", closed the public hearing. Councilwoman Davis asked Mr. Foulds if he had any luck in finding a lease space or permanent building. Mr. Foulds explained he has not been successful in finding a lease space. Mr. Foulds stated no one wants to lease a space to him for just part of the year. Mr. Foulds stated it is not feasible to build a permanent building. Vol. 71, Page 81 Mayor Blair asked the condition of the stand Mr. Foulds intends to put on the location. Mr. Foulds stated the stand is repainted each year and this year he will also replace the tables in front of the stand. A motion by Councilman Phelps, a second by Councilwoman Davis, with Councilmembers Phelps, Davis, Hardie and Moses voting "aye", and Councilman Pyle voting "nay", approved the Specific Use Permit-Interim Use with the conditions recommended by the Planning and Zoning Commission by adopting the following captioned Ordinance Number 2257. The motion carried 4 to 1. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT - INTERIM USE (BEGINNING ON MAY 1, 1996 AND EXPIRING ON SEPTEMBER 30, 1996) TO ALLOW THE OPERATION OF A "SNO CONE STAND" WITHIN A LOCAL RETAIL-2 (LR-2) ZONING DISTRICT AT 2825 VALLEY VIEW LANE; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. C.3 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 that this item was continued from the March 18, 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. The City Staff and Travelers Realty Investment Company request that this item be continued until the May 20, 1996, City Council meeting. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", continued the public hearing and consideration of this item until the May 20, 1996, City Council meeting. Vol. 71, Page 82 C.4 CONSIDER ADOPTING RESOLUTION NO. 96-014 APPROVING A DEVELOPER'S CONTRACT WITH TRAVELERS REALTY INVESTMENT COMPANY FOR PART OF THE CENTREPLACE ADDITION AND TAKE APPROPRIATE ACTION. Mayor Blair stated this item was continued from the March 18, 1996 City Council meeting to allow the applicant additional time to review the proposed Developer's Contract. City Staff and Travelers Realty Investment Company request that this item be continued until the May 20, 1996, City Council meeting. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", continued consideration of this item until the May 20, 1996 City Council meeting. D.1 CONSIDER ADOPTING RESOLUTION NO. 96-037 AWARDING THE BID FOR CONSTRUCTION OF EROSION CONTROL STRUCTURES ALONG THE FARMERS BRANCH CREEK LOCATED WITHIN THE CITY'S FORD ROAD PARK TO CRAIG OLDEN, INC. AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. This erosion control project, and the storm sewer installation in the north-south channel of Farmers Branch Creek adjacent to Home Interiors was budgeted in the 1995-96 Drainage Bond Program in an amount of $475,115. The storm sewer construction adjacent to Home Interiors has been completed. The design of the erosion control improvements has been completed. There is $165,040.74 available for construction. Three contractors submitted bids on Tuesday, March 12, 1996. All bids met specifications. Craig Olden, Inc. submitted the lowest bid of $98,280, with a contract time of 45 calendar days. Craig Olden, Inc. has provided adequate qualifications and references for similar work and has satisfactorily completed many erosion control projects in the City of Farmers Branch. The City Engineer recommends awarding the bid for construction of erosion control structures along the Farmers Branch Creek located within the City's Ford Road Park to Craig Olden, Inc. Mayor Blair asked if this would complete this project. Mr. Murawski, City Engineer, stated this would conclude this project. A motion by Mayor Pro Tem Hardie, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 96-037 awarding the bid for construction of erosion control structures along the Farmers Branch Creek located within the City's Ford Road Park to Craig Olden, Inc. in an amount not to exceed $98,280. Vol. 71, Page 83 D.2 CONSENT. D.3 CONSIDER ADOPTING RESOLUTION NO. 96-041 AWARDING THE BID FOR ONE LOADER/BACKHOE TO DALLAS FORD-NEW HOLLAND AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Requests for bids for the purchase of one Loader/Backhoe were sent to seven vendors. Five vendors responded to the bid requests. Four bids met specifications and one was a no-bid. The lowest bid, meeting specifications, was submitted by Dallas Ford-New Holland in the amount of $38,445.00. The 1995-96 Public Works Department Fixed Assets budget includes $40,000 for the purchase of a Loader/Backhoe for the Utilities Division. The Director of Equipment Services recommends adopting Resolution No. 96-041 awarding the bid for the purchase of one Loader/Backhoe to Dallas Ford-New Holland in the amount of $38,445.00. A motion by Councilman Moses, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 96-041 authorizing the City Manager to purchase one Loader/Backhoe from Dallas Ford-New Holland in the amount of $38,445.00. DA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair reported that he traveled to Austin on March 28th to attend the annual meeting of the Texas Department of Transportation. Mayor Blair explained this meeting allows cities and counties to discuss funding of projects. Mayor Blair stated in the past Houston and Harris County have received the majority of the funding. Mayor Blair explained Dallas County, Denton County, and Tarrant County have been trying to put together a united front to get equal amounts of funding. Mayor Blair felt this meeting was a success. D.5 CITIZEN PARTICIPATION. Ms. Mildred Rogers, 14440 Shoredale, read a lengthy letter pertaining to her concerns over the City Council travel. Ms. Rogers explained she resents paying taxes for City Council travel. Vol. 71, Page 84 MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. STUDY SESSION. THE DISCUSSION BEGAN AT 6:42 P.M., AND CONCLUDED AT 7:22 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 SELECTION OF THE WOMAN OF THE YEAR. 2. DISCUSS APPOINTMENT TO THE ANIMAL SHELTER ADVISORY COMMITTEE. Mayor Blair and members of the City Council discussed the selection of Woman of the Year and appointments to the various boards indicated above. E. lb DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS POSSIBLE LAND ACQUISITION IN OLD FARMERS BRANCH. The City Staff presented a status report to the City Council relating to possible land acquisition in Old Farmers Branch. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Phelps, a second by Councilwoman Davis, all voting "aye", appointed Kim Hinckel to the Animal Shelter Advisory Committee. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. A motion by Mayor Blair, a second by Councilwoman Davis, all voting "aye directed City staff to make an offer of $100,000 for the property located at 13325 Denton Drive. Vol. 71, Page 85 F.1 ADJOURNMENT. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adjourned the City Council meeting of April 1, 1996, at 8:43 P.M. ~a ayor City Secretary Vol. 71, Page 86