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1978-05-15 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING May 15, 1978 COUNCIL CHAMBER POLICE BUILDING The following members of the City Mayor Mayor Pro Tem Councilmen: Council were present: Bill Binford Ken Quevreaux John Dodd Fred Johnson Pat Haggerty Gene Matthews The following members of the City Administration were present: City Manager Paul M. West City Attorney John Boyle City Secretary J. W. Wade Director of Staff Services. -Glenn Moore Secretary Ruth Ann Parish Mayor Binford called the City Council meeting of May 15, 1978 to order at 7:30 p.m.. AGENDA ITEM NO. A.1-INVOCATION Glenn Moore gave the invocation. DECLARING AN EMERGENCY FOR ITEM TO BE PLACED ON THE AGENDA. After consideration, a motion by Councilman Do d, a second-by Council- man Quevreaux, all voting "Aye", declared an emergency and placed on the agenda the following as: Item D.6- Consider Request of Farmers Branch Hospital Authority for the City of Farmers Branch Staff to Review the Traffic and Parking Problems and Explore Various Alternatives in the Brookhaven Medical Center Complex, and, Item D.7-Consider Authorizing City Manager to Enter into Maintenance Agreement with Dallas County. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES - MAY 1 1978 After consideration, a motion by Counci an Johnson, a second by Councilman Dodd, all voting "aye", approved the minutes of the City Council meeting of May 1, 1978 after the following correction was made. On page 45 of Vol. 29, under Agenda Item No. D.l,let the vote of the motion in the second paragraph on that page read: "The motion passed 3 to 1 with Councilmen Dodd, Haggerty and Matthews voting "aye", and Councilman Johnson voting "nay"." Vol. 29, Page 50. AGENDA ITEM NO. C.1 -PUBLIC HEARING CONTINUED: DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE GRANTED FOR A GENERAL BUSINESS SIGN. IN A PD-14 ,MF- ZONING DISTRICT. REQUESTED BY BR OKHAVEN OFF-ICE PARK, FOR THE PROPERTY LOCATED AT 2915 AND 2925 L.B.J. FREEWAY. Mayor in or opened the public hearing. Brookhaven Office Park would like to erect a directory type sign near the entrance of each one of the office buildings at 2915 and 2925 L.B.J. Freeway. Brookhaven Office Park located in the PD-14 (p, MF-2) Zoning District, consists of two office buildings located at Josey Lane and the L.B. J. Freeway Service Road. The City's Zoning Ordinance requires a Specific Use Permit to erect a general business sign in an office zoning district. The Planning and Zoning Commission recommends the Specific Use Permit be approved. Mrs. Betty Williams of Transland Management and Mr. Dave Spalding of Federal Sign Company were present in support of the request. Mr. Spalding stated that the signs will be approximately 6' by 7' signs. One sign will be located at the entrance to each building. There will be six panels approximately 10" wide on each sign. These signs will be used by the six major tenants within the office complex. Mrs. Williams stated that the signs are needed for tenant identifica- tion. Mayor Binford asked if there was anyone else in the audience that would like to speak on.this consideration? No one else spoke. A motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", closed the public hearing. After some discussion between the members of the City Council and Mr. Spalding, a motion by Councilman Dodd, a second by Councilman Matthews, all voting "aye", approved the request for Specifice Use Permit by adopting the following captioned Ordinance No. 1184: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR TWO (2) GENERAL BUSINESS SIGNS IN THE PD-14 (0, MF-2) ZONING DISTRICT; ONE SIGN TO BE PLACED IN FRONT OF EACH BUILDING AT 2915 AND 2925 L.B.J. FREEWAY, IN BROOKHAVEN OFFICE PARK; ESTABLISHING CONSTRUCTION STANDARDS; PROVIDING A PENALTY OF FINE NOT TO EX- CEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. Vol. 29, Page 51. AGENDA ITEM NO. C.2 PUBLIC HEARING: TO DETERMINE WHETHER ARTICLE OF THE CITY S ZONING ORDINANCE SHOULD BE AMENDED TO REQUIRE SPECIFIC Mayor Bin ford opened the public r hearing. On April-T-,-1-9-78 u78 the City Council placed a moritorium on issuing building permits and certi- ficates of occupancy for several uses. The reason for the moritorium was to allow time to consider amending the City's Zoning Ordinance to require a Specific Use Permit for those uses in any zoning district. Many of the uses create unusual amounts of traffic, odor, noise, signage, lighting, and have unusual hours of operation. The the Use The Planning and Zoning Commission recommended that Article 8 of City's Zoning Ordinance be amended so as to require a Specific Permitfor subject uses in certain zoning district classifications. Theater, Drive-In Theater, Indoor New or Used Car or Boat Sales Lot (In Open) Greenhouse Plants or Nursery Stock (Retail) Massage Parlors Greenhouse or Plant Nursery (Commercial) Mini-Warehouse Car Wash, Primary Use Gasoline Service Station following is a list of the uses: Amusement, Commercial (Indoor) General Repairs (Garage) Restaurant with Drive-In Service Non Drive-In Restaurant with Outside Sales Window Adult Book Stores Modeling Studio Fruit Stands Outside Sales Mayor Binford asked if there was anyone in the audience that wished to speak on this consideration. The following spoke: Mr. Ed Creel of attorney firm of Creel, Atwood and Chapman spoke. Mr. Creel stated that they wished to file an application for a Specific Use Permit to operate a teenage amusement center in the Farmers Branch Shopping Center at the northwest corner of Josey Lane and Valley View Lane. This use does fall within the consider- ation before the Council and Mr. Creel requested that the moritorium be lifted in order that he may file the application for the amuse- ment center. There being no other person wishing to address this consideration, a motion by Councilman Quevreaux, a second by Councilman Matthews, all voting "aye", closed the public hearing. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Haggerty, all voting "aye", adopted the following captioned Ordinance No. 1185 to require Specific Use Permits in specific Zoning Districts,on certain uses: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH AS HERETOFORE AMENDED; BY AMENDING ARTICLE 8, USE REGULATION DISTRICTS, BY AMENDING SECTIONS 8-104, 8-106, 8-107, 8-109, 8-110, 8-114, 8-114(a), 8-114(b); PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF Vol. 29, Page 52. TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. A motion by Councilman Dodd, a second by Councilman Matthews, all voting "aye", lifted the moritorium that was placed on issuing building permits and certificates of occupancy on certain uses by the City Council on April 3, 1978. AGENDA ITEM NO. C.3 -CONSIDER REQUEST FOR FINAL PLAT APPROVAL REQUESTED BY STB ARCHITECTS-PLANNERS FOR PROPERTY LOCATED ALONG Wr ai VtiLWVVU rRr1&W1ftY iN Tht ru_zz zmulmu vi5TKiul. Mayor Bi.nfor opened the public hearing. STB Arc itects-Planners has submitted a final plat of the property located along west Valwood Parkway. The property contains approximately 1 acre and is located within PD-22 which allows LI zoning uses. A site plan and a preliminary plat was approved for the addition in April,`1978. The property lies along the north side of Valwood Parkway immediately west of two existing buildings which are constructed adjoining the CRI & P Railroad tracts. The property is being platted to create a building site for Blair Engineering Company. The final plat has been reviewed and it complies with the City Subdivision Ordinance for final plat approval. The Planning and Zoning Commission recommends that the final plat be approved. After reviewing the plat, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", approved the final plat for property located along west Valwood Parkway in the PD-22 Zoning District as requested by STB Architects-Planners. AGENDA ITEM NO. CA -CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A DEVELOPER'S CONTRACT BETWEEN BLAIR ENGINEERING INC. AND THE CITY OF FARMERS BRANCH, AND ACCEPTING A HOLD HARMLESS AGREEMENT. The Council reviewed a Developer's Contract between Blair Engineering Inc. and the City for the development of the property in the preceeding agenda item. The contract provides for the installation of all the required public improvements for the Blair Subdivision, in accordance with the current city Subdivision Ordinance. This land is being platted, and public improvements will be installed according to the provisions of this contract, before issuance of a Certificate of Occupancy. After reviewing the contract, a motion by Councilman Quevreaux, a second by Councilman Dodd, allwting "aye", authorized the City Manager to sign a Developer's Contract between Blair Engineering, Inc. and the City of Farmers Branch, and accepted a hold harmless agreement. Vol. 29, Page 53. AGENDA ITEM NO. C.5 -CONSIDER TEXAS POWER AND LIGHT COMPANY RAT INCREASE REQUE T. Mayor Bin ford gave the following information from a memo to the Council from the Administration: The Public Utility Commission ruled on May 8, 1978 that Texas Power and Light Company was intitled to an increase in revenues of approximately $41 million. The rate consultant employed by the Texas Municipal League cities recommended an increase in revenues of approximately $35 million. The TML cities will meet as soon as possible to explore the alternates available. A recommendation will be made to the Council on the second meeting in June. Texas Power and Light Company has stated they will not charge new rates until some later date; however without this 30 day extention TP&L could begin charging the new rates after May 25, 1978. A resolution has been prepared that suspends the proposed rates for an additional 30 days. Councilman Dodd made a motion to adopt Resolution No. 78-010 which suspends the proposed rates requested by the Texas Power and Light Company for 30 days. Councilman Haggerty seconded the motion. Councilman Johnson asked to amend the motion that the city request from Texas Power and Light Company a written agreement that the proposed rates will not be charged until after the 30 day extension. Councilman Dodd and Councilman Haggerty accepted the amendment to the motion. The motion and amendment passed with all voting "aye". AGENDA ITEM NO. C.6 - CONSIDER LONE STAR GAS COMPANY RATE INCREASE EQ Mayor Binford gave the following information from a memo to the Council from the Administration: The City attorneys and rate consultants have not completed their study of the proposed rates of Lone Star Gas. This study will be completed and a recommendation will be made to the Council-at the second meeting in June. Lone Star Gas Company has indicated they have no objection to the 30 day extension. Without the 30 day extension contained in the resolution being presented for consideration, Lone Star Gas Company could begin charging the proposed rates. After some discussion, a motion by Councilman Matthews, a second by Councilman Haggerty, all voting "aye", adopted Resolution No. 78-009 which suspends the proposed rates requested by the Lone Star Gas Company for 30 days. AGENDA ITEM NO. D.1 -CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A LAND LEASE AGREEMENT FOR ATHLETIC PRACTICE FIELD. A land lease agreement or an athletic practice field from National Hand Tool Corporation was reviewed by the Council. This property is needed to provide practice fields for the city's youth athletic organization. The property in question is located on the north- west corner of Branch View Lane and Valley Branch Circle. Vol. 29, Page 54. Auer some discussion, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye'", authorized the City Manager to sign a land lease agreement with National Hand Tool Corporation for property to be used for athletic practice field. AGENDA ITEM NO. D.2 -CONSIDER RESOLUTION REMOVING ALL LAND WITH- IN LL B AND LOCATED WITHIN FARMERS BRANCH FROM AN AREA OF SPECIAL FLOOD HAZARD AND PLACING SUCH LAND IN AN AREA OF CONTROLLED FLOOD PROTECTION. Mayor Bin ford gave the following information from a memo to the Council from the Administration: Drainage improvements which have been completed by the Farmers Branch-Carrollton Flood Control District provides significant protection to much of Cell "B". Drainage improvements which are now under contract will protect all of Cell "B" from the potential for flooding if the flood plain elevation is established at Elevation 429.4 Mean Sea Level. Freeing this land from flood plain restrictions will permit the development of approximately 1380 acres of presently undeveloped land. Approximately 400 of these acres are-in Farmers Branch. The removal of this land from flood plain designation should add significantly to the tax base-of the District. An even greater increase will occur as development proceeds on this land. After some consideration, a motion by Dodd, a second by Councilman Haggerty, all voting "aye", adopted Resolution No. 18-011 that removes all land within Cell "B" and located within Farmers Branch from an area of special flood hazard and placing such land in an area of controlled flood protection. AGENDA ITEM NO. D.3 -CONSIDER RESOLUTION REMOVING ALL LAND WITH- IN CELL "A" ABOVE ELEVATION 3 MSL FROM AN AREA OF SPECIAL FLOOD HAZARD AND PLACING SUCH D IN AN AREA OF IMPROBABLE FLOODING. Mayor Bin ford gave the following inform on ifrom a memo to the Council from the Administration: The levees which have been con- structed provide significant flood protection for Cell "A". Some of this land had an elevation high enough that it was not designated as flood plain land prior to construction of the levees. The pro- tection provided has removed additional land from the probability of flooding. The protection afforded to the approximately 300 affected acres will be complete when one small section of levee at Luna Road is completed. The resolution being presented for consideration applies to all land within Cell "A" which has an elevation higher than 430 Mean Sea Level (430 MSL). This will provide a significant area for development within the City and the District. After some consideration, a motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", adopted Resolution No. 18-012 that removes all land within Cell "A" above elevation 430 MSL from an area of special flood hazard and placing such land in an area of improbable flooding. Vol. 29, Page 55. AGENDA ITEM NO. DA -CONSIDER NOMINATING A REPRESENTATIVE TO THE BUSINESS DEVELOPMENT COMMITTEE OF THE NORTH TEXAS COMMISSION. Mayor Binford stated that the City Manager had received a letter from Worth Blake of the North Texas Commission requesting the nomination of a representative to the Business Development Committee of the North Texas Commission. Councilman Johnson nominated Mayor Pro Tem Ken Quevreaux as a representative to the Business Development Committee of the North Texas Commission. Councilman Matthews seconded the nomination. The nomination passed by acclamation. AGENDA ITEM NO. D.5 -DISCUSS COUNCIL MEETING DATES FOR MONTH OF JUNE. Due to a majority of the Council members being out of town on the date of the first regularly scheduled meeting in June, attending the Institute for Mayors, Council members and Commissioners, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", set the date of June 19th to be the only meeting date in June unless it is deemed necessary to have a special called meeting. AGENDA ITEM NO. D.6 -CONSIDER REQUEST OF FARMERS BRANCH HOSPITAL AUTHORITY FOR THE CITY OF FARMERS BRANCH STAFF TO REVIEW THE TRAFFIC ND PARKING PROBLEMS ND EXPLORE VARIOUS ALTERN T VES IN THE BROOKHAVEN MEDICAL CENTER COMPLEX. Mayor Bin or state that the city a received a letter from the Chairman of the Farmers Branch Hospital Authority requesting the City Staff to review the traffic and parking problems and explore various alternatives in the Brookhaven Medical Center complex. There was discussion among the Council members as to whether the city has the responsibility-to study the aspects of the parking problems. It was discussed that in order to have a comprehensive traffic study the parking problems would have to be considered. A motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", instructed the City Administration to work with. the Hospital Authority and study the traffic and parking problems in the Brookhaven Medical Center Complex. AGENDA ITEM NO. D.7 -CONSIDER AUTHORIZING CITY MANAGER TO ENTER INTO MAINTENANCE AGREEMENT WITH DALLAS COUNTY. ayor Bin or state that the City as been asked by County Commissioner's office to maintain the grounds of the Sub-Courthouse on Valwood Parkway. The County agrees to pay the amount of $200.00 per month to the City for the maintenance of this facility. A motion by Councilman Johnson, a second by Councilman Matthews, all voting "aye", authorized hhe City Manager to enter into a Maintenance Agreement with Dalas County. Vol. 29, Page 56. COMMENTS FROM AUDIENCE. Mr. Joe Waters, 2950 eadow Green, spoke concerning the require- ments of the Specific Use Permit for the various uses discussed in agenda item No. C.2. He was concerned that the property owners in his neighborhood would not be notified if a Mexican food place of business went in at the location of the Phillips 66 service station on Valley View Lane and east of Josey Lane. City Manager Paul West stated that this type of business would require a specific use permit and the property owners within the 200' area would be notified,by mail. MAYOR BINFORD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAD BEEN CONCLUDED. AFTER A SHORT RECESS THE COUNCIL WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDED THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION, AND PENDING AND CONTEM- PLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. F.1 -EXECUTIVE SESSION. a. Discuss Personnel Matters Library and Planning and Zoning Commission appointments were discussed. Naming representatives from the Council to the Chamber of Commerce were discussed. b. Pending and Contemplated Litigation City Attorney John Boyle gave a status report on the Gordan Ashbury Case. Mr. Boyle informed the Council of the law suit against the City and Dr. Bibb Ballard by John Oechsner. c. Discuss Land Acquisition City Manager Paul West informed the Council of having received a letter and information from the Texas Indian Commission. City Manager informed the Council of having received a letter from Dallas County concerning a cooperative venture of obtaining open space. A discussion was held between the members of the City Council and the City Manager concerning possible adjustment of city limit boundaries of the City with Carrollton. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. F.2 -NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", reappointed Tommy Rowell to serve on the Library Board for a 2 year term, conditioned upon his acceptance of the appointment. Vol. 29, Page 57. A motion by Councilman Matthews, a second by Councilman Johnson, all voting "aye", reappointed Rod Nelson to serve on the Planning and Zoning Commission for a 3 year term, conditioned upon his acceptance of the appointment. Councilman Johnson made a motion to remove Carol Dingman from the Zoning Board of Adjustments and Building Code Board of Appeals and appoint her to the Planning and Zoning Commission as Place 2 for a 3 year term. Councilman Dodd seconded the motion. The motion carried. Upon discussion of this appointment, Councilman Haggerty asked to reconvene to Executive Session for some discussion. MAYOR BINFORD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAD BEEN CONCLUDED. AFTER A SHORT RECESS THE COUNCIL WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDED THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISTION, AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. A discussion was held concerning the appointment to Place 2 on the Planning and Zoning Commission. THE MEETING WAS RECONVENED INTO GENERAL SESSION. The vote was unanimous on the appointment of Carol Dingman to the Planning and Zoning Commission as Place 2. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", appointed Norman Long and Dave Blair to serve on the Zoning Board of Adjustments and Building Code Board of Appeals, conditioned upon their acceptance of the appointment. Mr. Long is to serve Place 1 and Mr. Blair is to serve Place 3. A motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", appointed City Manager Paul West, Mayor Binford, Councilmen Dodd, Johnson and Quevreaux as the five membership representatives from the City to the Chamber of Commerce, AGENDA ITEM NO. F.3 AND F.4 There was no necessary action needed on Pending and Contemplated Litigation and Land Acquisition discussed in the Executive Session. AGENDA ITEM NO. G.1 -ADJOURNMENT. A motion by Councilman Matthews, a second by Councilman Haggerty, all voting "aye", adjourned the City Council meeting of May 15, 1978 at 9:20 P.M.. Mayor _t) , - le, . City cretary Vol. 29, Page 58.