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1977-08-15 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR. MEETING AUGUST 15, 1977 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro Tem Bill Binford Councilmen: John Dodd Fred Johnson Ken Quevreaux 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 Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of August 15, 1977 to order at 7:30 p.m.. AGENDA ITEM NO. 1. -INVOCATION Councilman Johnson gave the invocation. AGENDA ITEM NO. 2. -APPROVAL OF MINUTES. After consideration, a motion by Councilman Binford, a second by Council- man Dodd, all voting "aye", approved the minutes of August 1, 1977 with the following corrections made: (1.) Page 9, Second Paragraph; Let the motion read: "tabled the consideration. " Strike out "until the next Council .meeting". (2,) Page 13, Fourth Paragraph; let the motion read: "Councilman Binford made a motion to accept the easement of the area adjacent to the City's right-of-way excluding the areas around the interior light poles and the area by Myers Department Store which excludes all the interior areas; and authorize the City Manager to execute a legal binding agreement between Mrs. Townson and the City of Farmers Branch no later than Aug- ust 15, 1977. " AGENDA ITEM NO. 3. -PRESENTATION OF SERVICE AWARD. Mayor Grimmer presented a twenty year service award to Eunes E. Whisenhunt of the Public Utilities Department for his employment with the city. C Vol. 28, Page 14. AGENDA ITEM NO. 4. -PRESENTATION OF 2001 TIME CAPSULE FILM. Councilman Dodd and Mr. Bradford displayed a film featuring highlights of the sealing and burying of the Time Capsule Ceremony that was held in March, 1977. The people of "Stage 76" sponsored and conducted the-event of the sealing of the capsule. The film was presented to Mayor Grimmer by little Miss Ashley Bradfield and Master David Dodd. Mayor Grimmer accepted the film in behalf of the City for safekeeping for the future. Councilman Dodd announced that a plaque had been constructed and was placed over the capsule today (8/15/77). The following citizens were present and recognized as being ones taking part in the Capsule burying Ceremony;. Joel Roebuck, Chamber President Lee Tench, Chamber Executive Vice President Joan Holliday, Ambassador To Philadelphia Mayor and Mrs. George Grimmer Councilman and Mrs. Gene Matthews Mr. Bradford AGENDA ITEM NO. 5. -CONSIDER. ACCEPTANCE OF TROPHIES WON BY ASSOCIATED SPORTS. Mr. Hank Walker, Manager of the baseball first place team of Farmers Branch Associated Sports, presented trophies, his team won playing in District and State Playoffs, for permanent display in the city. Coach James Gregory, Coach James Field and the players were also present. Mayor Grimmer accepted the trophies in behalf of the city. AGENDA ITEM NO. 6. -CONSIDER REQUEST FOR. FINAL PLAT APPROVAL FOR. THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF FORD ROAD AND VILLA CREEK DRIVE. REQUESTED BY METRO SQUARE JOINT VENTURE. Mayor Grimmer gave the following information from a memo to the Council from the Administration: Metro Square Joint Venture has submitted a final plat for the property located at the northeast corner of Ford Road and Villa Creek Drive. The plat has been reviewed by the City's engineering division and meets requirements for final plat approval established by the City's subdivision ordinance. The Planning and Zoning Commission recommended that the final plat be approved. Mr. Fritz New of Metro Square Joint Venture was present in behalf of the request. After some discussion that the plat included property up to and College Drive, a motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", approved the final plat of the property located at the northeast corner of Ford Road and Villa Creek Drive as submitted by Metro Square Joint Venture. Vol. 28, Page 15. AGENDA ITEM NO. 7. -CONSIDER REQUEST FOR. FINAL PLAT APPROVAL FOR. EL CHICO CORPORATION. PROPERTY LOCATED AT 1925 VALLEY VIEW LANE. Mayor Grimmer gave the following information from a memo to the Council from the Administration: El Chico Corporation is platting the property at 1925 West Valley View Lane, so that they may construct an addition to their building. The final plat has been reviewed by the City's engineering division and meets the requirements established by the City's subdivision ordinance. The Planning and Zoning Commission recommended that the final plat be approved. After some discussion, a motion by Councilman Binford, a second by Councilman Dodd, all voting "aye", approved the final plat of the property located at 1925 Valley View Lane, as submitted by El Chico Corporation. AGENDA ITEM NO. 8. -CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A DEVELOPER'S CONTRACT BETWEEN EL CHICO CORPORA- TION AND THE CITY OF FARMERS BRANCH, AND ACCEPTANCE OF A HOLD HARMLESS AGREEMENT. Mayor Grimmer stated that a contract is being presented for consideration that provides for the installation of the required public improvements for El Chico Corporation located at 1925 West Valley View Lane. 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 some discussion, a motion by Councilman Dodd, a second by Council- man Quevreaux, all voting "aye", authorized the City Manager to sign a Developer's Contract between El Chico Corporation and the City of Farmers Branch, and accepted a hold harmless agreement. AGENDA ITEM NO. 9. -CONSIDER REQUEST FOR. TEMPORARY CIVIC AND PHILANTHROPIC USE. REQUESTED BY NORTHWEST DALLAS COUNTY SERVICE CENTER, INC. AND TRUTH HOUSE, INC. Mayor Grimmer gave the following information from a memo to the Council from the Administration: The Northwest Dallas County Service Center, Inc. and the Truth House, Inc, have recently occupied a portion of the Special Care School Building located at 3030 Fyke Road. The Special Care School is located in an R-6 zoning district, with a specific use permit allowing the property to be used for a private school for the education of retarded children. These two agencies are maintaining offices on the property and are therefore in conflict with the City's Zoning Ordinance. A request is being made by the Northwest Dallas County Service Center, Inc. and the Truth House, Inc. for a temporary philanthropic use of the property for a specified time of one year for the purpose of allowing time for securing a new specific use permit. Vol. 28, Page 16. Mr. Carl Bell, 2928 Golfing Green Drive, was present in behalf of the request of the Northwest Dallas County Service Center, Inc, and the Truth House, Inc. Mr. Bell stated that the two organizations are using one room of the Special Care School for their temporary office and counseling facilities. Mr. Bell requested a one year approval in order to give them time to secure a new specific use permit. Mr. Bell pointed out that the Northwest Dallas County Service Center, Inc. and the Truth House, Inc. are two separate organizations. The five days a week hours of operation are: The Northwest Dallas County Service Center, Inc. from 10:00 A. M. to 7:00 P.M.; and, the Truth House, Inc. from 7:00 P. M. to 11:00 P.M.. Councilman Johnson stated that he was concerned of the fact that the Special Care School is already operating under a Specific Use Permit and if this request was granted then the property would be allowing a Specific Use Permit on cop of the first Specific Use Permit. Councilman Dodd made a motion approving the request for temporary Civic and Philanthropic Use by adopting Resolution No. 77-027. Councilman Quevreaux seconded the motion. The motion carried 4 to 1-with Councilmen Dodd, Quevreaux, Binford and Matthews voting "aye", and Councilman Johnson voting "nay". AGENDA ITEM NO. 10. -PUBLIC HEARING: CONSIDER. AMENDING ARTICLE 8, SECTION 105 OF THE CITY'S ZONING ORDINANCE TO ALLOW MOTOR. FREIGHT TERMINALS AS AN ALLOWABLE USE IN HEAVY INDUSTRIAL ZONING DISTRICTS ONLY. Mayor Grimmer opened the public hearing stating that Article 8, Section 105 of the City's zoning ordinance currently allows Motor Freight Terminals as an allowable use in Commercial, Light Industrial, and Heavy Industrial Zoning Districts. The Planning and Zoning Commission recommended that the City's zoning ordinance be amended to allow Motor Freight Terminals in Heavy Industrial Districts only. Mrs. Carol Dingman, 3605 Tanglewood Circle, asked where were the Heavy Industrial areas located in Farmers Branch? Mayor Grimmer asked if there was anyone in the audience wishing to speak in favor or in opposition of the consideration? No one spoke. A motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye", closed the public hearing. Vol. 28, Page 17. Mayor Grimmer answered Mrs. Dingmanis question stating that the object of the consideration was to establish this use to areas suitable for truck terminals. Councilman Johnson stated that truck terminals generally are - k disproportionate use of city services compared to city revenues. After more discussion, a motion by Councilman Binford, a second by Council- man Dodd, all voting "aye", adopted the following captioned Ordinance No. 1150: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE, AS HERETOFORE AMENDED BY AMENDING SECTION 8-105 USE REGULATION DISTRICTS, TRANSPORTATION RELATED USES, BY ALLOWING MOTOR FREIGHT TERMINALS AS AN ALLOWABLE USE IN HEAVY INDUSTRIAL DISTRICTS ONLY AND BEING PRO- HIBITED FROM ALL OTHER. ZONING DISTRICTS OF THE CITY; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR. EACH OFFENSE; AND DECLARING ANY EMERGENCY. AGENDA ITEM NO. 11. -PUBLIC HEARING: CONSIDER. AMENDING ARTICLE 8, SECTION 105 OF THE CITY'S ZONING ORDINANCE TO ALLOW RAILROAD TEAM TRACKS AND AIRPORT /HELIPORT USES IN HEAVY INDUSTRIAL ZONING DISTRICTS ONLY. Mayor Grimmer opened the public hearing stating that Article 8, Section 105 of the City' s zoning ordinance currently allows railroad team tracks to be located in light industrial and heavy industrial zoning districts, or planned development zoning districts allowing these two uses. Article 8, Section 105 of the City's zoning ordinance also allows airport landing fields and heliports as an allowable use with a specific use permit in local Retail (2) zoning districts and in Commercial, Light Industrial and Heavy Industrial districts, and planned development districts allowing these uses. The Planning and Zoning Commission recommended that Article 8, Section 105 of the City's zoning ordinance be amended to allow railroad team tracks and airport landing fields in heavy industrial zoning districts with a specific use permit and in heavy industrial zoning districts. Mayor Grimmer asked if there was anyone in the audience wishing to speak in favor or in opposition to this consideration? No one spoke. A motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", closed the public hearing. After some discussion, a motion by Councilman Quevreaux, a second by Council- man Johnson, all voting "aye", adopted the following captioned Ordinance No. 1149: Vol. 28, Page 18. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE, AS HERETOFORE AMENDED, BY AMENDING SECTION 8-105 "USE REGULATION DISTRICTS, TRANSPORTATION RELATED USES", BY ALLOWING RAILROAD TEAM TRACKS AND AIRPORT LANDING FIELDS IN HEAVY INDUSTRIAL ZONING DISTRICTS ONLY, AND HELIPORTS AS AN ALLOWABLE USE WITH A SPECIFIC USE PERMIT IN LIGHT INDUSTRIAL ZONING DISTRICTS, AND BEING PROHIBITED FROM ALL OTHER. ZONING DISTRICTS OF THE CITY; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR. EACH OFFENSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 12. -PUBLIC HEARING: CONSIDER LEVYING ASSESSMENTS FOR. A PART OF PAVING IMPROVEMENTS ON FORD ROAD. Mayor Grimmer opened the public hearing for the consideration of levying assessements of the abutting property onwers on a portion of Ford Road, from Villa Creek Drive to Farmers Branch Lane. Mayor Grimmer swore in Richard Ridings and Charles Marr who were present to testify in this hearing. Mr. Richard Ridings, Director of Public Works for the City of Farmers Branch, described the nature, limits, and cost of the improvements of this project. The total cost of the improvements to the property owners is $202, 503. 01. The total cost to the city is zero. Mr. Ridings explained that the assessments were determined and calculated according to the city ordinances. Mr. Ridings explained the method of payment for the assessment as set forth in the ordinance. Mr. Ridings testified that all publications and notices to the property owners have been printed and sent according to the requirements of the State Law and city ordinances. Mr. Charles Marr, a real estate appraiser, testified as being a qualified land value appraiser in the Metroplex which includes the City of Farmers Branch. Mr. Marr testified that he had investigated and studied the tracts in question and in his opinion the property on each of these tracts will be enhanced and benefited by the amount of the assessment which is in accordance with Section 23-4 of the Code of Ordinances. of the City of Farmers Branch. Mr. Marr testified that it was his opinion that the present assessment plan will equal and balance the benefits of the improve- ments and burdens of the assessment among all property owners. There was discussion that the Assessment Ordinance being presented provided for the amount of $99, 813.49 and the remainder of the $202, 503. 01 Vol. 28, Page 19. would be born by Metro Square which is set forth in their Developer's Contract. Mayor Grimmer asked if there were any property owners present wishing to give testimony. No one spoke. A motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", closed the public hearing. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", adopted the following captioned Ordinance No,, 1146: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, LEVYING ASSESSMENTS AGAINST VARIOUS PERSONS AND THEIR. REAL PROPERTY FOR. THE PAYMENT OF A PART OF THE COST OF CONSTRUCTION FOR. THE PAVING AND IMPROVEMENTS OF PORTIONS OF FORD ROAD; PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND PAYABLE, THE RATE OF INTEREST, AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND MAKING SAID CHARGE A PERSONAL LIABILITY OF THE PROPERTY OWNERS OWNING PROPERTY ABUTTING ON SAID STREETS; AND PROVIDING FOR. THE ABUTTING ON SAID STREETS; AND PROVIDING FOR THE COLLECTION THEREOF; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 13. -CONSIDER. ORDINANCE REGULATING ALARMS WHICH SUMMON POLICE SERVICES. Mayor Grimmer stated that Ordinance No. 1147 being presented for consider- ation requires an alarm system permit for alarms which summon police services and provides for a service charge to be levied upon the fourth false alarm within a twelve month period. There was much discussion on the method of determining the computation of the 12 month time period described in Section. 5. a, of the ordinance. Councilman Quevreaux made a motion to adopt the following captioned Ordinance No . 1147 with amending Section 5, a, to provide that the ordinance become effective 60 days after the passage of the ordinance which will begin the 12 month period and all subsequent 12 month periods would allow three false alarms without penalty and any false alarm in excess of three, costs $60. 00 for each false alarm thereafter. Councilman Dodd seconded' the motion. The motion carried 3 to 2 with Councilmen Quevreaux, Dodd and Johnson voting "aye", and Councilmen Binford and Matthews voting "nay"'. Vol. 28, Page 20. AN ORDINANCE PROVIDING DEFINITIONS, REQUIRING A PERMIT OF CERTAIN ALARM SYSTEM USERS; PROVIDING SERVICE CHARGES FOR. FALSE ALARMS; PROVIDING FOR. SUSPENSION OF A PERMIT; REGULATING ALARM REPORT- ING AND OPERATION; PROVIDING FOR. PROTECTION OF FINANCIAL INSTITUTIONS; PROVIDING FOR. A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00); PROVIDING FOR. A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 14. -CONSIDER. ORDINANCE NO. 1148 SETTING COMMERCIAL AND APARTMENT SANITATION RATES. Mayor Grimmer stated that Ordinance No. 1148 being presented for consider- ation would increase the commercial and apartment sanitation rates. Councilman Matthews made a motion to table this consideration. Councilman Dodd seconded the motion. The motion carried 4 to 1 with Councilmen Matthews, Dodd and Quevreaux voting "aye", Councilman Johnson voting "nay", and Councilman Binford abstaining. AGENDA ITEM NO. 15. -CONSIDER. AWARDING THE BIDS FOR. THE FOLLOWING : a. Hot,Mix Asphaltic Concrete Materials for the Street Department Mayor Grimmer gave the following information from a memo to the Council from the Administration: Two bids were received. The low bidder is Austin Paving Company at $11. 80 per ton for Type "A", and $12. 00 per ton for Type "D" asphalt. These bids are good for three months, and are for material only, to be picked up at the asphalt plant by city trucks. After reviewing the bids, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", awarded the bid to Austin Paving Company for hot mix asphaltic concrete material in the amount of $11. 80 per ton for Type "A" and $12.00 per ton for Type "D b. Construction of a Paint Bay at the City Municipal Service Center Mayor Grimmer gave the following information from a memo to the Council from the Administration: Request for bid forms were mailed to eight contractors and each request was followed up by a telephone call. Seven of the eight contractors indicated they would make a bid on construction of the Paint Bay. Each vendor also received a letter, followed by a telephone call, requesting their attendance at a pre-bid conference; however, only two were present. Despite the continous effort to get bids for the construction of the Paint Bay, only one bid was received from Zenco, Inc. in the amount of $13,450. 00 Vol. 28, Page 21. After reviewing the bid, a motion by Councilman Dodd, a second by Council- man Quevreaux, all voting "aye", awarded the bid to Zenco, Inc, in the amount of $13,450. 00 for the construction of poured in place walls and the erection of steel joists for a paint bay at the Municipal Service Center. c. Repairs of the Gym Floor at the Recreation Center Mayor Grimmer gave the following information from a memo to the Council from the Administration: Voss Floors was the only company to submit a bid on replacing and repairing the gym floor in the Recreation Center. They do meet specifications. Bids were sent to five firms. After reviewing the bid, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", awarded the bid to Voss Floors in the amount of $4,112.00 for repairs to the gym floor at the Recreation Center. MAYOR GRIMMER 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 RAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. Mayor Grimmer explained that Article 6252-17, Section 2 of the Open Meeting Law provided that such items as personnel matters, land acquisition, and pending and contemplated litigation may be discussed in closed session. AGENDA ITEM NO. 16. -EXECUTIVE SESSION. a. Discuss Personnel Matters Appointments to the Dangerous and Substandard Building Code Board of Appeals were discussed. b. Discuss Pending and Contemplated Litigation City Manager Paul West gave a status report in regards to a letter sent by the City Attorney to the Flood Control District Board. c. Discuss Land Acquisition. City Manager Paul West gave a status report on the possible future landfill facility. THE MEETING WAS RECONVENED INTO GENERAL SESSION. Vol. 23. Page 22. AGENDA ITEM NO. 17. -ACTION ON PERSONNEL MATTERS DISCUSSED IN EXECUTIVE SESSION. A motion by Councilman Johnson, a second by Councilman Dodd, a.ll voting "aye", appointed the following to the Dangerous and Substandard Building Gode Board of Appeals for a two year term, conditioned upon their acceptance of the appointment: Place 3 Robert Collins Place 4 Leslie Farmer Place 5 Nicholas Korba AGENDA ITEMS 18 & 19. There was no action needed by the Council on land acquisition and litigation discussed in Executive Session. AGENDA ITEM No. 20. -ADJOURNMENT. A motion by Councilman Johnson, a second by Councilman Binford, all voting "aye", adjourned the City Council meeting of August 15, 1977 at 9:50 P.M.. City cretary L J~ Vol. 28, Page 23.