1996-10-07 CC MinutesFARMERS BRANCH
CITY COUNCIL
REGULAR MEETING
OCTOBER 7, 1996
COUNCIL CHAMBER
CITY HALL
7:30 P.M.
The following members of the City Council were present:
Mayor
Mayor Pro Tern
Councilmembers
Bob Phelps
Bill Moses
Calla Davis
Ron Pyle
Charlie Bird
Berry Grubbs
The following members of the City Administration were present:
Acting City Manager
City Attorney
City Secretary
Communication Director
Director of Equipment Services
Director of Community Services
Building Official
Director of Planning
City Engineer
Director of Finance
Director of Parks & Recreation
Library Director
Police Chief
Fire Chief
Director of Public Works
Assistant to the City Manager
Traffic Engineer
Recording Secretary
John Burke
John Boyle
Cindee Peters
Donna Huerta
Don Moore
Tom Scales
Jim Olk
Michael Spicer
Jerry Murawski
Charles Cox
Jeff Fuller
Mary Jane Stevenson
Jimmy Fawcett
Kyle King
Mark Pavageaux
Margaret Somereve
Dave Davis
Suzanne Reynolds
The following members of the City Administration were absent:
City Manager
Assistant City Manager
Richard L. Escalante
Linda Tidwell-Groomer
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Mayor Phelps called the City Council Meeting of October 7, 1996 to order at 7:30
P.M. The meeting was televised.
A.1 INVOCATION.
Reverend Richard Selby of the Ridgeview Presbyterian Church gave the
invocation and Carrollton/Farmers Branch Knights of Columbus Scout Troop
No. 713 posted the colors of the flag and led the pledge of allegiance to the
flag.
A.2 PRESENTATION OF AWARDS FOR FIRE PREVENTION POSTER CONTEST.
Fire Chief King gave a brief statement on Fire Prevention Week.
Ms. Wendi Kimpton, Fire Prevention Technician, presented the 1996 Fire
Prevention awards to the following students from Farmers Branch
Elementary School for the theme of "Practice Fire Safety Every Day," first
place, Ariella O'Conner; second place, Christopher McCormick; and third
place, Katherine White.
Ms. Kimpton presented awards to Janie Stark Elementary students for the
theme of "Fire Hazards in the Home," First Place, Rehan Ali and Chance
Curey; second place, Rachel Davis; and third place, Matthew Adcock.
Ms. Kimpton also presented awards to Mary Immaculate School students for
the theme of "Reporting a Fire - Using 9-1-1 for Emergencies," first place
and Best of Show, Christopher Martin; second place, Brenda Swearengin;
and third place, Sarah Dougherty.
A.3a PRESENTATION OF SERVICE AWARDS.
Mayor Phelps presented a fifteen year employee service award to Ronnie
Inman of the Fire Department.
Mayor Phelps presented a fifteen year employee service award to Audie
Pope of the Fire Department.
A.4 PRESENTATION OF BOARD APPLICATIONS.
There were no applications presented.
A.5 REPORT ON STUDY SESSION ITEMS.
Mayor Phelps gave a brief summary of the items discussed in Study Session
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held prior to the regular meeting.
CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE
APPROPRIATE ACTION B.1 - B.6.
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 Tern Moses, seconded by Councilman Pyle, all voting
"aye", added items C.3, D.1, and D.2 to the Consent Agenda.
A motion by Mayor Pro Tern Moses, seconded by Councilman Bird, all voting
"aye", approved the following items on the Consent Agenda.
B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF SEPTEMBER
23, 1996.
B.2 ADOPTED ORDINANCE NO. 2268 AND AUTHORIZING THE 1994
UNIFORM BUILDING CODE, VOLUMES 1, 2 AND 3 AND AMENDING
SPECIFIC SECTIONS AND APPENDIX CHAPTERS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH.
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
ADOPTING THE 1994 EDITION OF THE UNIFORM BUILDING CODE,
VOLUMES 1, 2 AND 3; AMENDING SECTIONS 103.2, 105.3, 106,
107, 109, 303.1.3, 307.1.5, 310.9.1.3, 403.1, 403.5.1, 904.1,
904.2.2, 904.2.8, 904.5, 906.1, 1005.7, 1401.3, 1401.4, TABLE
15-A, ADOPTING APPENDIX CHAPTERS 3, 9, 11, 12, 15, 18, 21,
23, 29, 30, 31, 33 AND 34; REPEALING ORDINANCE NUMBER 2012;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING
A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR
AN EFFECTIVE DATE.
B.3 ADOPTED ORDINANCE NO. 2269 THE 1994 EDITION OF THE
UNIFORM FIRE CODE; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AMENDING SPECIFIC SECTIONS AND APPENDIX
CHAPTERS.
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AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING THE CODE OF ORDINANCES BY ADOPTING THE
PROVISIONS OF THE UNIFORM FIRE CODE, 1994 EDITION, AS
THE FIRE CODE FOR THE CITY OF FARMERS BRANCH;
AMENDING SECTIONS 103.1.4, 105.8, 902.2.2.1, 1001.5.1,
1003.1.1, 1003.1.2, 1003.2.1, 1003.2.8, 1004.1.1,
1007.2.12.6, 1102.3.1, 1302.2, 7701.7, 7801.3.1.1,
7901.3.2, 7902.2.1., 7902.5.12.1, 7902.6.3, 7904.5.4.2.2,
8001.4.5.2, APPENDICES I-A SECTION 6.2, I-B SECTION 6.1,
III-A SECTION 1, III-B SECTION 1, IV-B SECTION 2 OF THE
UNIFORM FIRE CODE; REPEALING ORDINANCE NUMBER 2013;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR
AN EFFECTIVE DATE.
B.4 ADOPTED ORDINANCE NO. 2270 THE 1994 EDITION OF THE
UNIFORM PLUMBING CODE, AMENDING SPECIFIC SECTIONS AND
APPENDIX CHAPTERS; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH.
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
ADOPTING THE 1994 EDITION OF THE UNIFORM PLUMBING
CODE, AMENDING SECTIONS 102.4, 103.1, 103.4, 102.3,
604.1, 701.1.6, 903.1.3, 101 1.10, 1013, ADOPTING
APPENDIX CHAPTERS A, B, C, D, F, G, H AND J, AMENDING
APPENDIX D, D-1; REPEALING ORDINANCE NUMBER 1698;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE
DATE.
B.5 ADOPTED ORDINANCE NO. 2271 THE 1994 EDITION OF THE
UNIFORM MECHANICAL CODE, AMENDING SPECIFIC SECTIONS
AND APPENDIX CHAPTERS; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH.
AN ORDINANCE OF THE CITY OF FARMERS BRANCH,
TEXAS, ADOPTING THE 1994 EDITION OF THE
UNIFORM MECHANICAL CODE, AMENDING SECTIONS
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110. 1, 1 13.1.1, 111, 115, 504.3 AND TABLE 6-F;
ADOPTING APPENDIX "A" CHAPTERS 1, 2, 3, 4, 5, 6
AND 7, APPENDIX "B" CHAPTERS 10, 12, 13, 14 AND
15, APPENDIX "C" CHAPTER 8, AND APPENDIX D;
REPEALING ORDINANCE NUMBER 1699; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING
A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE
RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE.
B.6 ADOPTED ORDINANCE NO. 2272 THE 1996 EDITION OF THE
NATIONAL ELECTRICAL CODE; AMENDING SPECIFIC ARTICLES;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
AN ORDINANCE OF THE CITY OF FARMERS BRANCH,
TEXAS, ADOPTING THE 1996 EDITION OF THE
NATIONAL ELECTRICAL CODE; AMENDING ARTICLES
95, 100 AND 110-5; REPEALING ORDINANCE NUMBER
2023; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING A PENALTY OF FINE NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING
FOR AN EFFECTIVE DATE.
C.3 ADOPTED A SITE PLAN BY CALVERT & CO. ARCHITECTS, INC.,ON
BEHALF OF THERMALLOY, INC., FOR A PARKING ADDITION TO BE
LOCATED AT 2021 VALLEY VIEW LANE, AT THE NORTHEAST
CORNER OF VALLEY VIEW LANE AND SENLAC DRIVE, WITHIN THE
PLANNED DEVELOPMENT NO. 22 (PD-22) ZONING DISTRICT.
D.1 ADOPTED RESOLUTION NO. 96-141 ESTABLISHING A POLICY FOR
THE PLACEMENT OF MOUNTED ANTENNAS ON ELEVATED
STORAGE TANKS AND AUXILIARY EQUIPMENT FACILITIES.
D.2 ADOPTED ORDINANCE NO. 2273 AMENDING AND ESTABLISHING
MINIMUM FEES TO BE COLLECTED ON APPLICATIONS FOR
CONSTRUCTION RELATED PERMITS, INSPECTIONS,
REINSPECTIONS, LICENSES, REGISTRATIONS; REPEALING ALL
ORDINANCES AND/OR PROVISIONS IN CONFLICT HEREWITH.
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS
AMENDING AND ESTABLISHING MINIMUM FEES TO BE
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COLLECTED ON APPLICATION FOR BUILDING PERMITS,
PLUMBING PERMITS, MECHANICAL PERMITS, ELECTRICAL
PERMITS, IRRIGATION PERMITS, FIRE SPRINKLER PERMITS,
AFTER HOUR INSPECTIONS, REINSPECTIONS, LICENSES AND
REGISTRATIONS; REPEALING SECTIONS 8, 9, 10, 18, 20 AND
21 OF ORDINANCE NO. 2069 AND SECTION 8-12 OF THE
CODE OF ORDINANCES; REPEALING ALL ORDINANCES OR
PROVISIONS IN CONFLICT HEREWITH; PROVIDING A
PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF;
AND PROVIDING FOR AN EFFECTIVE DATE.
C.1 CITY MANAGER REPORTS.
Acting City Manager John Burke presented an informative report on the
status and happenings on various projects in the City.
C.2 PUBLIC HEARING: CONSIDER A REQUEST BY THE FARMERS BRANCH
CHURCH OF CHRIST TO CONSIDER AMENDING ITS EXISTING SPECIFIC
USE PERMIT (SUP) TO ALLOW ADDITIONAL PARKING AND A
PLAYGROUND AREA AT 3035 VALLEY VIEW LANE, AT THE NORTHWEST
CORNER OF VALLEY VIEW LANE AND WEBB CHAPEL ROAD, WITHIN THE
ONE FAMILY RESIDENCE 4 (R-4) ZONING DISTRICT AND TAKE
APPROPRIATE ACTION.
Mayor Phelps gave the following information for consideration. The Planning
and Zoning Commission, by unanimous vote, continued the public hearing
until October 28, 1996. The Commission also agreed to host a work session
on October 14, 1996, to be attended by the applicant and interested
neighbors to discuss issues and alternatives related to the proposed
improvements.
In accordance with the Comprehensive Zoning Ordinance, the City Council
must receive a recommendation from the Planning and Zoning Commission
before action may be taken on any proposed zoning amendment. Therefore,
no action may be taken by the City Council at this time.
Staff recommends the public hearing be continued to the November 4, 1996
City Council meeting.
A motion by Councilman Pyle, a second by Councilman Bird, all voting
"aye", continue the public hearing to the November 4, 1996 City Council
meeting.
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C.3 CONSENT.
D.1 CONSENT.
D.2 CONSENT.
D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE
APPROPRIATE ACTION.
There were no travel reports or requests.
D.4 CITIZEN PARTICIPATION.
No one came forward.
MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE
EXECUTIVE SESSION WERE DISCUSSED IN THE 5:00 P.M. STUDY SESSION.
MAYOR PHELPS EXPLAINED THE CITY COUNCIL RECESSED INTO EXECUTIVE
SESSION AND THEN RECONVENED INTO GENERAL SESSION. THE DISCUSSION
BEGAN AT 5:15 P.M. AND CONCLUDED AT 6:05 P.M.. 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.1 a DISCUSS PERSONNEL MATTERS -TEXAS GOVERNMENT CODE
SECTION 551.074
1. DISCUSS APPOINTMENTS TO THE PARKS AND RECREATION
BOARD.
2. DISCUSS APPOINTMENTS TO THE FARMERS BRANCH INDUSTRIAL
DEVELOPMENT CORPORATION.
3. DISCUSS PERFORMANCE EVALUATION OF THE CITY MANAGER.
Mayor Phelps and members of the City Council discussed appointments to
the various boards and the City Manager's performance evaluation as
indicated above.
E.1 b DISCUSS LAND ACQUISITIONS -TEXAS GOVERNMENT CODE
SECTION 551.072
1. DISCUSS LAND ACQUISITION OF PROPERTIES LOCATED AT 13011,
13021, 13031, AND 13103 ROSSFORD STREET (2450 VALLEY
VIEW LANE1.
2. DISCUSS POSSIBLE LAND ACQUISITION OF PROPERTY ADJACENT
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TO OR CONTAINED WITHIN THE AREA BOUNDED BY METRO
BOULEVARD, VILLA CREEK DRIVE, JOSEY LANE, AND THE WEST
BOUND FRONTAGE ROAD OF LBJ FREEWAY.
Assistant City Manager John Burke, and City Engineer Jerry Murawski gave
a report on possible land acquisition at several sites.
E.1 c DISCUSS PENDING AND CONTEMPLATED LITIGATION -TEXAS
GOVERNMENT CODE - SECTION 551.071
1. DISCUSS PENDING LITIGATION WITH PRISCILLA INNES, ET. AL., VS.
THE CITY OF FARMERS BRANCH, ET. AL.
TML Attorney Joe Tooley gave an update on the Priscilla Innes pending
litigation case.
E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN
THE EXECUTIVE SESSION.
Mayor Phelps called for necessary action on personnel matters discussed in
the Executive Session.
A motion by Councilwoman Davis, a second by Mayor Pro Tern Moses, all
voting "aye", reappointed Barney Wood, Allan Moore, Margaret Young and
Jimmy Thompson to serve on the Parks and Recreation Board with their term
expiring October 1, 1998.
A motion by Councilman Grubbs, a second by Councilman Pyle, all voting
"aye", reappointed Mel Bailey, Jim Andrews, Bill Binford, Betty Thompson,
and Ken Quevreaux to serve on the Farmers Branch Industrial Development
Corporation with their term expiring October, 2002.
A motion by Mayor Pro Tern Moses, a second by Councilwoman Davis, all
voting "aye", adopted Resolution No. 96-144 approving an addendum to the
City Manager's employment agreement relative to the term of the agreement
and compensation and declaring an effective date of October 1, 1996.
E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN
THE EXECUTIVE SESSION.
Mayor Phelps called for necessary action on land acquisition discussed in the
Executive Session.
A motion by Councilman Pyle, a second by Councilman Grubbs, all voting
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C
"aye", authorized City Staff to negotiate for land at 13011, 13021, 13031,
and 13103 Rossford Street (2450 Valley View Lane).
A motion by Councilman Bird, a second by Councilwoman Davis, all voting
"aye", authorized City Staff to negotiate for land adjacent to or contained
within the area bounded by Metro Boulevard, Villa Creek Drive, Josey Lane,
and the west bound frontage road of LBJ Freeway.
E.4 CONSIDER NECESSARY ACTION ON PENDING AND CONTEMPLATED
LITIGATION DISCUSSED IN THE EXECUTIVE SESSION.
Mayor Phelps explained TML Attorney Joe Tooley gave an update on the
Priscilla Innes case. No action was necessary.
F.1 ADJOURNMENT.
A motion by Councilman Bird, a second by Mayor Pro Tern Moses, all voting
"aye", adjourned the City Council meeting of October 7, 1996 at 8:10 p.m.
1
Mayor
1
City Secretary
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