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1993-10-14 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING OCTOBER 4, 1993 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem. Councilmembers Dave Blair Calla Davis Ron Pyle Bill Moses Bob Phelps Nancy Hardie 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 Director of Planning City Engineer Assistant City Engineer Director of Equipment Services Director of Finance Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works City Management Assistant Traffic Engineer Recording Secretary Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish Donna Huerta Norma Nichols Tom Scales Michael Spicer Jerry Murawski Gary Oshel Don Moore Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux David Reedy Dave Davis Cindee Peters Mayor Blair called the City Council Meeting of October 4, 1993 to order at 7:30 P.M.. The meeting was televised. Vol. 65, Page 56 A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 PRESENTATION OF COMMUNITY CITIZEN BUILDERS' AWARD BY THE JAMES A. SMITH LODGE. Mayor Blair stated the James A. Smith Lodge has chosen George Grimmer for the Community Citizen Builders' award this year. Mayor Blair explained Mr. Grimmer was selected to receive this award because of his continued involvement in all aspects of the community. Mayor Blair presented the Community Citizen Builders' trophy to Mr. George Grimmer. A.3 CONSIDER PROCLAIMING MONDAY, OCTOBER 4, 1993 AS GARBSEN, GERMANY DAY IN FARMERS BRANCH AND BESTOW HONORARY CITIZENSHIP ON ALL VISITING GERMAN GUESTS. Mayor Blair gave the following information. In conjunction with the Carrollton-Farmers Branch Independent School District, the City of Farmers Branch is hosting 41 guests from its Sister City of Garbsen, Germany. Host families from Newman Smith and R. L. Turner High Schools and the City of Farmers Branch have opened their homes for these special guests. There are numerous activities planned for the visitors. The student visitors enjoyed school activities with their American counterparts. Mayor Blair bestowed honorary citizenship on all German guests after proclaiming October 4, 1993 as Garbsen, Germany Day in Farmers Branch. There followed a lengthy exchange of gifts from both Farmers Branch and Garbsen, Germany. A.4 RECOGNIZE CORPORATE SPONSORS OF THE FARMERS BRANCH SISTER CITIES PROGRAM. Mayor Blair gave the following information. More than 40 local companies have become official sponsors of the Farmers Branch Sister Cities Program by making monetary or in-kind contributions worth more than $7,000. In-kind contributions included dinners, awards, rodeo tickets, name tags, refreshments and a complete cookout prior to this meeting. Mayor Blair read the list of companies and awarded the sponsoring companies with honorary plagues. Mayor Blair recessed the regular meeting at this point in the meeting to allow pictures to be taken of the City Council and guests from Garbsen, Germany. Vol. 65, Page 57 A.5 PRESENTATION OF SERVICE AWARDS. Mayor Blair announced that Mr. Manual Soto could not be present tonight to receive his service award. Mayor Blair presented a twenty year employee service award to Mr. Joe Anderson of the Fire Department. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - 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 Davis, a second by Councilman Phelps, all voting "aye", added items D.2, D.3, and D.5 to the consent agenda, and a note that agenda item B.4 has a rain date of October 23, 1993. A motion by Mayor Pro Tem. Davis, a second by Councilman Phelps, all voting "aye", approved the following Consent Agenda. B.1 APPROVED MINUTES OF THE CITY COUNCIL MEETING OF SEPTEMBER 9, 1993. B.2 APPROVED MINUTES OF THE CITY COUNCIL MEETING OF SEPTEMBER 20, 1993. B.3 ADOPTED RESOLUTION NO. 93-146 ACCEPTING A FIVE FOOT AERIAL EASEMENT FOR STREET LIGHT INSTALLATION DEDICATED BY MR. AND MRS. LITTLEFIELD of 2953 CAMEO LANE. B.4 ADOPTED RESOLUTION NUMBER 93-156 AUTHORIZING A GARAGE SALE AS A CIVIC AND PHILANTHROPIC USE TO BE CONDUCTED BY THE CATHOLIC DAUGHTERS OF THE AMERICAS ON OCTOBER 16, 1993 ON THE PARKING LOT OF MACFRUGALS LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW AND JOSEY LANE. D.2 ADOPTED RESOLUTION NO. 93-151 AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER WITH CARTER & BURGESS, INC. IN THE AMOUNT OF $6,503.92 FOR ARCHITECTURAL Vol. 65, Page 58 AND ENGINEERING SERVICES FOR RENOVATION OF THE DON SHOWMAN SWIMMING POOL. D.3 ADOPTED RESOLUTION NO. 93-154 APPROVING AND RECOMMENDING THE NOMINATION OF MARSH LANE PATHWAY AS THIS YEAR'S CANDIDATE PROJECT FOR THE STATEWIDE ENHANCEMENT PROGRAM. D.5 ADOPTED RESOLUTION NO. 93-160 ENDORSES AND SUPPORTS THE NATIONAL LEAGUE OF CITY AND THE TEXAS MUNICIPAL LEAGUES EFFORTS OF EDUCATING CITIZENS ABOUT THE IMPACT OF FEDERAL MANDATES. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of projects in the departments of the City. JII C.2 PUBLIC HEARING: CONSIDER THE REQUEST BY RICHARD A. CALVERT, ON BEHALF OF ASLAN RAFIZADEH, FOR APPROVAL OF A SPECIFIC USE PERMIT (SUP) FOR "AUTO REPAIR AND USED CAR SALES" AT 2409 VALWOOD PARKWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 33 (PD-33) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair stated that Councilman Moses has a conflict of interest on this agenda item and left the Council Chambers. Mayor Blair presented the following information for consideration. This item was continued from the September 9, 1993 City Council meeting. The proposed site is a 0.4 acre parcel located on the north side of Valwood Parkway approximately 100 feet east of Denton Drive. It is the present site of a vacant gasoline service station approximately 1,100 square feet in area. The applicant intends to make immediate use of the existing structure but has provided for future expansion of the facility to more than 2,300 square feet as shown on the submitted site plan. Approximately 10% of the site is to be landscaped. The Planning and Zoning Commission, by unanimous vote, recommends the request for a Specific Use Permit to allow the sale of used automobiles and general automobile repairs be denied. Vol. 65, Page 59 Mr. Dick Calvert, an architect representing Aslan Rafizadeh, stated his client had purchased this property from the FDIC. Mr. Calvert stated Mr. Rafizadeh had made several repairs and improvements to the land and building. Mr. Calvert stated this site was located between a fast food establishment and the railroad, which makes it difficult for certain businesses to operate. Mr. Calvert explained the Planning and Zoning Commission primarily had a problem with allowing "used car sales" at this site. Mr. Calvert explained his client is willing to drop the used car sales and strictly limited his operation to general automotive repairs. Mr. Calvert stated his client agrees with the seven recommendations from staff. Mr. Calvert stated the owner will provide double the amount of parking spaces required. Mr. Calvert stated in addition his client is willing to construct a driveway from the rear of the property which is on Spring Valley to the front of the property. A motion by Mayor Pro Tern Davis, a second by Councilman Pyle, all voting "aye", closed the public hearing. Mayor Blair stated he had spoken to Mr. Calvert this week and after discussing this request with Mr. Escalante and Mr. Spicer, the concern was over "used car sales". Mayor Blair stated the City Council had received a briefing from the task force who recommended that used car sales be limited and not allowed at major gateways in the City. Mayor Blair stated the added drive approach would allow customers to enter the business from Valwood or Spring Valley. Mayor Blair explained the owner had also agreed to add irrigation and landscaping to the site. Mayor Blair felt this would meet the requirements for that particular use in his opinion. Councilman Phelps asked Mr. Calvert if the seven conditions recommended from Staff and the additional driveway were acceptable to his client. Mr. Calvert stated Mr. Rafizadeh agreed to these seven conditions and would construct the driveway. A motion by Councilman Pyle, a second by Mayor Pro Tern Davis, all voting "aye adopted the following captioned Ordinance No. 2092 allowing general automotive repairs with a specific use permit at 2409 Valwood Parkway and the addition of a driveway from the rear of Spring Valley to Valwood. 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 FOR "GENERAL ENGINE REPAIRS" ON PROPERTY LOCATED AT 2409 VALWOOD PARKWAY AND WITHIN THE PLANNED DEVELOPMENT NO. 33 ZONING DISTRICT; ESTABLISHING CONDITIONS OF OPERATION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) Vol. 65, Page 60 FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. C.3 CONSIDER A REQUEST BY WINKELMANN AND ASSOCIATES, INC., FOR SITE PLAN APPROVAL OF A PARKING LOT TO BE LOCATED ON THE NORTH SIDE OF ROYAL LANE, EAST OF MATHIS AVENUE, ABUTTING THE FARMERS BRANCH CITY LIMIT LINE AND WITHIN THE PLANNED DEVELOPMENT NO. 22 (PD-22) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The proposed site is a 3.8 acre vacant tract of former railroad right-of-way. The site plan includes approximately one half acre to be used as a parking lot, leaving 3.3 acres to remain undeveloped at this time. The Chicago Rock Island & Pacific Railroad tracks abut the site to the west and an industrial business park in the City of Dallas is adjacent to the east. The entire 3.8 acres has been leased to Booth, Inc., which intends to occupy 177,000 square feet of office and warehouse space in the building adjacent to the proposed parking lot. Booth, Inc., needs the property to provide additional parking required by City of Dallas zoning regulations. The proposed parking lot will be an extension of the existing parking area which serves the adjoining office and warehouse facility Booth, Inc., will be occupying. The proposed parking lot will accommodate 52 vehicles and cover approximately half an acre. The site's remaining acreage will remain available for future development. The submitted site plan complies with the PD-22 zoning district development standards. The Planning and Zoning Commission, by a 4 to 3 vote, recommends the request for site plan approval be denied. Staff recommends the site plan be approved with the condition the irrigation plan be modified, subject to Staff approval, to provide full coverage of the street parkway area. Mr. Murray Newton, representing Booth/Crystal Tips, Inc., explained the site has approximately 3.8 acres and was previously used as a railroad right-of-way. Mr. Newton stated the railroad to the east serves a building known as Royal Commerce Center and located in Dallas which Booth/Crystal Tips has leased approximately 177,000 square feet. Mr. Newton stated the lease on the land for the parking lot will terminate with the lease on the building. L Vol. 65, Page 61 Mr. David Campbell, President of Booth, Inc., stated his company has been an employer in this area for approximately 25 years. Mr. Campbell stated they manufacture fountain drink machines and has recently acquired Crystal Tips which is located in Spirit Lake, Iowa. Mr. Campbell stated the company considered either moving to Iowa or staying in the Dallas area. Mr. Campbell stated the company would remain in Dallas and would be employing approximately 125 new employees. Mr. Campbell felt it would be an asset to the area and respectfully requests the City Council's approval. Mayor Pro Tem. Davis welcomed Mr. Campbell as a corporate neighbor and hoped Mr. Campbell would consider employing residents of Farmers Branch. Mr. Campbell stated they are looking for employees at this time and currently employ people who live in Farmers Branch. Mayor Pro Tem Davis stated Mr. Campbell could advertise for employment through TCI Cable. Mayor Pro Tem. Davis stated Ms. Donna Huerta could provide this information to Mr. Campbell. Mayor Blair replied it was a surprise to everyone that this piece of property was actually in Farmers Branch. Mayor Blair stated the Planning and Zoning Commission had a concern over the usage of this piece of property. Mayor Blair stated this site was very unusual because of the shape which was long and narrow. Mayor Blair stated in his opinion a parking lot was about the only use for this site. Mayor Blair felt with a lease on the parking lot ending with the building lease was in the applicant's favor. A motion by Mayor Pro Tern Davis, a second by Councilman Moses, all voting "aye", adopted Resolution 93-159 approving the request to construct a parking lot on the north side of Royal Lane, east of Mathis Avenue, abutting the Farmers Branch city limit line, with the condition the irrigation plan be modified, subject to Staff approval, to provide full coverage of the street parkway area. D.1 CONSIDER ADOPTING ORDINANCE NO. 2091 AUTHORIZING THE ISSUANCE AND SALE OF CITY OF FARMERS BRANCH, TEXAS, COMBINATION ASSESSMENT AND UTILITY SYSTEM REVENUE CERTIFICATES OF OBLIGATION, SERIES 1993, APPROVING THE OFFICIAL STATEMENT; PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID CERTIFICATES; AWARDING THE SALE THEREOF; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT AND TAKE APPROPRIATE ACTION. The following information was submitted to the City Council for consideration. On September 9, 1993, Staff discussed with Council the funding arrangements for the City's Public Improvement District (PID). The Council subsequently approved the publication of a Notice of Intention to Issue Certificates of Obligation. This notice was published in the Dallas Morning News on September 17th and 24th. The bonds will be sold on Vol. 65, Page 62 October 4, 1993, pending the receipt of a rating from the rating agencies and bond insurance. Ordinance No. 2091 provides for the issuance and sale of Combination Assessment and Utility System Revenue Certificates of Obligation in an amount not to exceed $11,500,000 and enacts other provisions to provide for the sale of these certificates. Staff recommends adopting Ordinance No. 2091 providing for the issuance and sale of Combination Assessment and Utility System Revenue Certificates of Obligation in an amount not to exceed $11,500,000. Mayor Blair explained the City has not received the rating from the bond trip to New York. Mayor Blair stated the City Council could take no action on this agenda item at this time. Mayor Blair replied that City Council has set a special meeting to hear this item on October 12, 1993 at 10:00 a.m. A motion by Mayor Blair, a second Councilman Pyle, all voting "aye", continued this item of considering the sale of bonds until October 12, 1993 at 10:00 a.m. D.2 CONSENT. D.3 CONSENT. DA CONSIDER ADOPTING RESOLUTION NO. 93-157 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH REED ENGINEERING GROUP FOR ENGINEERING AND GEOTECHNICAL SERVICES AT THE CITY'S LANDFILL FACILITY AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The City of Farmers Branch has negotiated an agreement with Reed Engineering Group for engineering and geotechnical services for the City's Camelot Landfill facility. These services entail "SubTitle D" requirements, such as updating Site Development and Site Operating Plans, Ground Water Study, Ground Water sampling and testing of monitoring wells. The agreement with Reed Engineering Group for professional services is in the amount of $87,010.00. The Public Works Budget contains sufficient funds to cover this work, however, it will be necessary to reappropriate funds included in the 1992/1993 budget for landfill work related to "Subtitle D" requirements and other regulatory requirements. The Director of Public Works recommends the adoption of Resolution No. 93-157, authorizing the execution of an agreement with Reed Engineering Group in the amount of $87,010.00 for engineering and geotechnical services at the Camelot Landfill facility. Mayor Blair stated Councilmembers viewed a tape of new mandates of the federal Vol. 65, Page 63 government. Mayor Blair replied that the City will run this tape on cable so citizens can see how it affects each of the cities. Mayor Blair stated that Subtitle D requirements are quite severe and requires extensive work to be done on the landfill. Mayor Blair explained this is the engineering work that must be done before the City can institute Subtitle D requirements. Councilman Phelps stated page 3 under Section 7 of the contract was not clear because most of the other sections stated if work was terminated, payment was made only on the work completed. Councilman Phelps asked if the City would be required to pay the entire amount if terminated or pay just the amount that has been completed. Mr. John Boyle, City Attorney, stated it meant only for the payments due at that time. Councilman Phelps stated it did not clarify this and asked if it should be added to that section. Councilman Phelps explained it specifically states that in all other sections. Mayor Blair asked if there was some language that could be added to this particular section. Mr. Boyle stated the language could be added to the contract. Mr. Boyle stated the following could be added "in the event of suspension or termination without cause, payment to the engineer for the work performed by engineer prior to termination date" . A motion by Councilman Phelps, a second by Councilwoman Hardie, all voting "aye", adopted Resolution No. 93-157, authorizing the execution of an agreement with Reed Engineering Group in the amount of $87,010.00 for engineering and geotechnical services at the Camelot Landfill facility and include the above amendment to the language in Section 3. D.5 CONSENT. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated several members of the City Council, the City Manager and Mr. Charles Cox, Director of Finance, attended a bond rating in New York last week. Mayor Blair stated the city put on a two and a half hour presentation to Moody's and a two hour presentation to Standard & Poor's. Mayor Blair explained Moody's had several questions which were answered at these presentations. Mayor Blair stated Moody's had several more questions once the Council returned and have been answered and faxed to Moody's. Mayor Blair stated there is a problem at this time because several of the analyst's are out of town and have not reviewed the city's rating at this time. Mayor Blair stated after the city receives these ratings, the City will know what the bond cost will be. Mayor Blair explained with a better rating, the City will receive a better interest Vol. 65, Page 64 rate. Mayor Pro Tem Davis stated this was her first experience and felt it was beneficial for the City to have several members of the City Council present. Mayor Pro Tem Davis stated she would highly recommend that several members of Council attend these ratings. Mr. Escalante stated this bond rating is for the public improvement district only and will not change the current overall rating of the City. Mr. Escalante explained he attended the annual ICMA Conference last week. Mr. Escalante felt this conference had more informative material than the conference last year. Mr. Escalante stated the topics this year fit into projects the City is currently working on or problems the City is facing. D.7 CITIZEN PARTICIPATION. No one came forward. F.1 ADJOURNMENT. A motion by Councilman Phelps, a second by Councilwoman Hardie, all voting "aye", adjourned the City Council meeting of October 4, 1993, at 9:45 P.M. Mayor City Secretary Vol. 65, Page 65