Loading...
1979-08-06 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING AUGUST 6, 1979 COUNCIL CHAMBER POLICE BUILDING The following members of the City Council were present: Mayor Bill Binford Mayor Pro Tem John Dodd Councilmen: Ken Quevreaux Fred Johnson Pat Haggerty Herb Weidinger The following members of the City Administration were present: City Manager Paul M. West City Attorney Ray--Hutchison City Secretary J. W. Wade Director of Public Works Sam Wyse Public Information Officer Sherry Walden Recording Secretary Ruth Ann Parish Mayor Binford called the City Council meeting of August 6, 1979 to order at 7:30 P.M.. AGENDA ITEM NO.A.1-INVOCATION J. W. Wade gave the invocation. DECLARING AN EMERGENCY. After some consi eration, Councilman Johnson made a motion declaring an emergency and placing the following item on the agenda as Item No. C.10-Consider Adopting a Resolution Changing the Name of Wallace Road to Luna Road. Councilman Dodd seconded the motion. The motion carried 4 to 1 with Councilmen Johnson, Dodd, Quevreaux and Weidinger voting "aye", and Councilman Haggerty voting "nay". AGENDA ITEM NO. A.2-APPROVAL OF MINUTES - Jul 16, 1979. After some consideration, a motion y Councilman Haggerty, a second by Councilman Dodd, all voting "aye", approved the minutes of the Council meeting of July 16, 1979 with the following correction: on Page 62 of Vol. 31, let the fourth paragraph read: "A motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye", instructed the City Administration and the Planning and Zoning Commission to study further the zoning of the property fronting onto L. B. J. after the study of PD-5. AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AWARD. Mayor Binford presented Betty Kelley, the Director of Library Services, a five year service award for her employment with the city. Vol. 31, Page 72. AGENDA ITEM NO. B.2-PRESENTATION OF BOARD APPLICATIONS TO CITY COUNCIL. Mayor Binford explained that this item is placed on the agenda of each meeting in order to give anyone who would like to serve on an advisory board or commission an opportunity to meet and address the City Council. No one was present.to present an application. AGENDA ITEM NO. B.3 -PRESENTATION OF SLIDE PROGRAM. Chief o Police Roger Robbins presence a slide program explaining the programs and responsibilities of the Police Department. AGENDA ITEM NO. B.4-CONSIDER PROCLAIMING AUGUST 28TH AS RANGER BASEBALL COMMUNITY NIGHT `rN FARMERS--BRANCH. A motion by Councilman Quevreaux, a second by Councilman Weidinger, all voting "aye", authorized the signing of a proclamation proclaiming the night of August 28th as Ranger Baseball Community Night at Arlington Stadium where the Rangers will be playing the New York Yankees. AGENDA ITEM NO.C.I-PUBLIC HEARING: CONSIDER WETHER; A SPECIFIC USE PERMIT SHOULD BE 'I'SSUED FOR AN AUTOMOTIVE' REPAIR GARAGE IN A LIGHT MayorrBinvord opened the public hearing. The Planning and Zoning Commission commenced a public hearing on July 23, 1979, to consider the request. The Commission continued the public hearing until August 13, 1979. No decision or recommendation to the City Council has been made by the Planning and Zoning Commission. The Zoning Ordinance requires the Planning and Zoning Commission to make a recommendation to the City Council prior to the Council taking any action on a proposed amendment or change. Councilman Dodd made a motion to continue the public hearing until August 20, 1979. Councilman Quevreaux seconded the motion. After discussion of persons present wishing to speak on the request, Councilman Johnson fade a motion to table Councilman Dodd's motion until after the persons ih the audience had been heard. Councilman Dodd seconded the motion. The motion carried 4 to 1 with Councilmen Johnson, Dodd, Haggerty and Weidinger voting "aye", and Councilman Quevreaux voting "nay". The following persons spoke concerning the request. Mr. Mike Egan, an attorney representing Mr. Henry McGee, presented a request for Mr. McGee to construct an automotive repair center on the property located at the northwest corner of Inwood and Darrell Roads. The property is located within a LI Zoning District. Section 8-114, Paragraph (b) of the City Zoning Ordinance requires a Specific Use Permit in order to locate a general repair garage in a LI Zoning District. Mr. Egan explained that the automotive care center proposal is of a nature of auto repair service primarily directed at General Motors automobiles. He stated that the plans would conform to the City of Farmers Branch standards of fine buildings and believes the facility would be of benefit to the City and its citizens. Vol. 31, Page 73. Mr. Egan explained that the reason for the continuation of the public hearing by the Planning and Zoning Commission was to have time to discuss the nature of Darrell and Arborvi.ew_Roads which is an item on the agenda later on. Mr. Jesse Arnold of 5707 McShane Road in Dallas, stated he represented the neighbors who have not sold their property in the same locale of the request. Mr. Arnold stated they were totally against the kind of proposal presented. Mr. Egan stated they wished to see similar type,if not same kind of building erected that already has been deve- loped in that area, on this property. Mr. Arnold stated that the property owners feel the facility requested would decrease the value of the unsold property. Mr. Arnold stated that all the property owners who have not sold their property will not sell separately but will sell collectively in one group. Mr. Arnold stated they plan to hold their property until they get the price they want for it. Mr. Arnold stated he represented the following property owners owning 9 blocks in the vicinity of Darrell and Arborvi.ew_Roads-_ the Arnolds, Andersons, Hills, Samuels, Jones and McDaniels. Mr. Stan Ball, 14310 Valley Hi, asked continued or closed at this time. Mayor Binford replied that the hearing Council received a recommendation from Commission. Mr. Ball commented that since it would to make comments. if the hearing would be would be continued until the the Planning and Zoning be continued he would wait There being no one else present wishing to speak, a motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye" continued the public hearing to consider the request for a Specific Use Permit for an automotive care center for the property located at the northwest corner of Inwood and Darrell Roads until August 20, 1979. AGENDA ITEM NO. C.2-PUBLIC HEARING: TO CONSIDER AMENDING THE ZONING ORDINANCE BY DESIGNATING A NEW USE "DRESS ASSEMBLY" AS AN ALLOWABLE USE WITH A SPECIFIC USE PERMIT IN LR- , LR- AND PLANNED DEVELOPMENT ZONES ALLOWING LR-1. AND LR- USES; AS AN ALLOWABLE USE IN C, LI, HI DISTRICTS OF THE CITY. Mayor Bin or opene the public hearing. The City Zoning Ordinance does not currently allow manufacturing uses in LR-1 or LR-2 Zoning Districts. The Zoning Ordinance does not specifically list the use "dress assembly" in the use charts. The Planning and Zoning Commission has initiated public hearings to consider amending the Comprehensive Zoning Ordinance by adding a new use "dress assembly" in the use charts as an allowable use in C, LI, HI and PD Zoning Districts allowing C, LI, HI uses,with a Specific Use Permit in LR-1, LR-2 and PD Zoning District allowing LR-1 and LR-2 uses, and be prohibited in all other zoning districts of the City. Vol. 31, Page 74. The public hearings were initiated by the Planning and Zoning Commission at the request of Kim Manufacturing Company. Kim Manufacturing Company proposes to move their dress manufacturing business to Farmers Branch if the amendment is approved. The Planning and Zoning Commission recommended that the Zoning Ordi- nance be amended to limit dress assembly uses to PD-7 with a Specific Use Permit and that "dress assembly" be defined as the assembly of precut fabrics for dresses with no industrial type sewing machines. The City Administration recommended the Zoning Ordinance not be amended. Mayor Binford asked if there was anyone in the audience that wlshed to speak on this consideration, No-one spoke. There being no one wishing to speak, a motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "ayes", closed the public hearing. After some consideration, a motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", directed that the Zoning Ordinance not be amended to designate a new use "dress assembly" to the use charts as an allowable use in C, LI, HI and PD Zoning Districts allowing C, LI, HI uses, with a Specific Use Permit it LR-1, LR-2 and Planned Development Zoning Districts allowing LR-1 and LR-2 uses. AGENDA ITEM NO. C.3-PUBLIC HEARING: CONSIDER LEVYING ASSESSMENT'S'ON JOSEY LANE PAVING PROJECT. Mayor Bin or opene t e public hearing to consider improvements to a portion of Josey Lane from the north right-of-way line of Rawhide Parkway to the south right-of-way line of Springvale Lane. This is a distance of 4,290 feet. All improvements are within the existing 100' wide right-of-way of Josey Lane. Mayor Binford swore in everyone that was going to testify on this matter. They were: Sam Wyse, Director of Public Works for the City; Charles Marr, a qualified land value appraiser; and Harold Fuller, representing property owner of Valwood Crow, Mr. Sam Wyse, Director of Public Works for the City of Farmers Branch, described the nature, limits and cost of the improvements of this project, and the permissable method of payment of the costs to the property owners. The total cost of the improvements to this portion of Josey Lane is estimated to be $575,000.00. The total cost of improvements to the property owners is $138,620.64 and the cost to the City is $436,379.36. Mr. Wyse explained how the property owners cost was determined. The actual cost of the construction of these improvements is estimated at about $134 per front foot. However, at least two property owners paid $107 per front foot at the time that the property was developed. This $107 per front foot was derived from the original cost estimate of the project. Since two property owners have already made their pro rata payments for these improve- ments, the assessment cost was set at $107 per front foot. Vol. 31, Page 7~. Mr. Charles Marr testified as being a qualified land value appraiser in Dallas County and 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 lots and tracts will be enhanced and benefited by the amount of the assessment. Mr. Harold Fuller, representing Valwood Crow Development Company, stated that they feel the amount assessed on the Valwood Crow pro- perty of about 2 acres of undeveloped land, will not enhance the property to the extend of the cost of the assessment. Mr. Fuller stated they feel Josey Lane was made a major thoroughfare for Farmers Branch which benefits the whole city and its residents, and believes the commercial property on this portion of Josey Lane is bearing an undue portion of the assessment. There followed a discussion relating to the city policy of developers paying for the construction of streets; and, relating to undeveloped property having a greater value when improvements are made on the property. There being no one else present wishing to speak, a motion by Council- man Dodd, a second by Councilman Haggerty, all voting "aye", closed the public hearing. AGENDA ITEM NO. C.4-PUBLIC HEARING: CONSIDER LEVYING ASSESSMENTS ON MIDWAY ROAD PAVING PROJECT. Mayor Binford opened the public hearing to' consider levying assessments for improvements to a portion of Midway Road from the south right-of-way line of Spring Valley Road to the south right-of-way line of Belt Line Road. The portion of the improvements within the City of Farmers Branch is along the east side of the road from the south right-of-way line of Spring Valley Road to the northerly city limit line of Farmers Branch. This is a distance of approximately 3700 feet. All improvements are within the existing 100' wide right-of-way of Midway Road. Mayor Binford swore in everyone that was going to testify on this matter. They were: Sam Wyse, Director of Public Works for the city; Charles Marr, a qualified land value appraiser; and, Martin Teagins, property owner of 14320 Midway Road. Mr. Sam Wyse, Director of Public Works for the City of Farmers Branch, described the nature, limits and cost of the improvements of this project, and the permissable method of payment of the costs to the property owners. The total cost of the improvements to this portion of Josey Lane is estimated to be $317,000.00. The total cost improve- ments to the property owners is $108,537.90 and the cost to the city is $208,462.10. Mr. Wyse explained how the property owners cost was determined. A portion of the improvements is being constructed through Dallas County bond funds. This includes the portion given as the city's cost. The remaining cost pro rated to those properties in Farmers Branch has been calculated at $30.00 per front foot. Vol. 31, Page 76. Mr. Charles Marr testified as being a qualified land value appraiser in Dallas County and 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 lots and tracts will be enhanced and benefited by the amount of the assessment. Mr. Martin Teagins, owner of property at 14320 Midway Road, was concerned as to when the project was to be completed because one of his driveways has been torn up since the beginning of the construction. There being no one else present wishing to speak, a motion by Council- man Dodd, a second by Councilman Johnson, all voting "aye", closed the public hearing. AGENDA ITEM NO. C.5-CONSIDER REQUEST FOR CIVIC AND PHILANTHROPIC USE. REQUESTED BY THE FARMERS BRANCH JAYCEES. _r. George Gomez, 2730 y;e Road , president of the Farmers Branch Jaycees presented a request for approval of conducting the annual Farmers Branch Pioneer Days Celebration for September 17 through September 22, 1979. Mr. Gomez stated that they propose to use the property south of Valwood Parkway and west of the C.R.I. & P. Railroad. Mr. Gomez stated he had a verbal agreement from a Mr. Walters for the use of the property but did not have a written consent. Mr. Gomez stated that the Jaycees had a contract with for the carnival activities and that insurance will be the Lydale Shows. Activities planned include a parade September 22; a Little Miss and Little Mister Pioneer Pioneer contest. Lydale Shows provided by on Saturday, and the Miss Councilman Quevreaux told of problems of getting the property cleaned up after the celebration of previous years; and informed of an unpaid bill for badges that had been ordered and received by the Jaycees. Mr. Gomez stated he was unaware of the unpaid bill but would check to see about taking care of it. Mr. Gomez stated there was 10 active members and a membership of 30 in the Farmers Branch Jaycees this year. A discussion was held between members of the City Council and Mr. Gomez relating to last year's problems of getting the property cleaned up after the celebration; policing the activities by the members; and of Mr. Gomez's desire to accomplish the success of the celebration. Also discussed was requiring an advance $250 cash deposit for prompt cleaning and restoration of the property within 24 hours after closing the celebration. After more discussion, Councilman Haggerty made a motion to adopt Resolution No. 79-013 granting the Farmers Branch Jaycees to conduct the Pioneer Days Celebration with the following conditions: (1) Submission to the City a copy of the contractual letter between the Jaycees and the property owners regarding temporary use of property. Submit prior to any use of of the property. Vol. 31, Page 77. (2) All codes and ordinances of the City of Farmers Branch be complied with. (3) Submission of an advance deposit with the City Mgnager of $250.00 of cash bond conditional upon prompt trash cleanup of property daily and property restoration an cleaning within 24 hours after close. The deposit to be delivered within 10 days of the date of the resolution. Councilman Dodd seconded the motion. The motion carried 3 to 2 with Councilmen Haggerty, Dodd, and Weidinger voting "aye", and Councilmen Quevreaux and Johnson voting "nay". MAYOR BINFORD RECOGNIZED MIKE ARRINGTON AND LEE TENCH OF THE CHAMBER OF COMMERCE SERVING ADDISON, CARROLLTON, COPPELL AND FARMERS BRANCH. Mr.-Mike Arrington spoke in behalf o promoting Community Nig t at Ranger Stadium on August 28th. AGENDA ITEM NO. C.6-CONSIDER THE FUTURE STATUS OF DARRELL AND ARBORVIEW ROADS. Mayor Binford gave the following information from a memo to the City Council from the City Administration: On July 23, 1979, the Planning and Zoning Commission requested the Council to make a determination to the future status of Darrell and Arborview Roads. Darrell and Arborview Roads are located in a LI Zoning District in the vicinity of the intersection of Inwood Road and Spring Valley Road. The roads are part of an unrecorded residential subdivision. Darrell and Arborview Roads do not comply with current standards for city streets. The Planning and Zoning Commission is requesting information about the future status of the two roads. Will the roads be closed? Will the roads be extended to some other area? Will the roads be widened to current City standards? The existing pavement in Darrell and Arborview Roads is gravel and oil. After some discussion, Councilman Haggerty made a motion that the City Administration contact the property owners along Darrell and Arborview Roads and make a study and report back to the City Council with a recommendation on the two roads. Councilman Johnson seconded the motion and all voted "aye". AGENDA ITEM NO. C.7-CONSIDER PARTICIPATING WITH TEXAS MUNICIPAL LEAGUE ON THE U. S. STEEL CITY SALES TAX LAWSUIT. Mayor Bin ford gave the following information from a memo to the City Council from the City Administration: U. S. Steel Corporation has filed suit asking the court to find the Texas City Sales and Use Tax Act unconstitutional. The Texas Municipal League has retained the firm of Fulbright & Jaworski to assist the Texas Attorney General in defending the case. Texas Municipal League is asking all cities to contribute .0005 times the city's 1978 sales tax receipt to participate with the expenses of the suit. Farmers Branch's cost to participate would be $1,253.25. After some discussion, Councilman Dodd made a motion to authorize the expenditure of $1,253.25 and join with other Texas Municipal League cities in the U. S. Steel Corporation suit. Councilman Haggerty seconded the motion. The motion carried 4 to 1, with Councilmen Dodd, Haggerty, Johnson and Weidinger voting~'Ia.ye", and Councilman Quevreaux voting "nay". _ Vol. 31, Page 78. AGENDA ITEM NO. C.8-CONSIDER PARTICIPATING WITH TEXAS MUNICIPAL LEAGUE CITIES IN THE SOUTHWESTERN BELL RATE REQUEST. Mayor Binford gave the following information from a memo to the City Council from the City Administration: Southwestern Bell has filed a request to increase rates with the Texas Public Utility Commission. As in prior Telephone rate requests,the Texas Municipal League cities served by Southwestern Bell have filed as an intervenor in this rate case. Representatives of various cities throughout the state met on July 13, 1979 and appointed a Steering Committee. The Steering Committee selected Touche Ross & Company to work as rate consultants in the rate case. Don Butler, Texas Municipal League Utility Counsel, will serve as lead counsel in this effort. The Steering Committee has requested each city served by Southwestern Bell to contribute 2(, per capita toward financing this case. The cost to the City of Farmers Branch would be $549.84 based on 1970 census. After some discussion, Councilman Haggerty made a motion to authorize the expenditure of $549.84 and join with Texas Municipal League cities in the Southwestern Bell Rate Case. Councilman Weidinger seconded the motion. The motion carried 4 to 1 with Councilmen Haggerty, Weidinger, Dodd and Johnson voting "aye", and Councilman Quevreaux voting "nay". AGENDA ITEM NO. C.9-DISCUSS MEETING DATES FOR MONTH OF SEPTEMBER. Mayor Bin or state that the first regular Council meeting in September is on Labor Day. Mayor Binford asked the Council what was their desire for the meeting dates in September. After some consideration, a motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", set the dates of September 4th and September 17th as the Council meeting dates for the month of September. AGENDA ITEM NO. C.10-CONSIDER ADOPTING A RESOLUTION CHANGING THE NAME OF WALLACE ROAD TO LUNA ROAD. Mayor Bin ford gave the o lowing information from a memo to the Council from the City Administration: Wallace Road and Luna Road are the names for the same road running from Royal Lane northward into the City of Carrollton. The name has been Luna Road from Royal Lane to Valley View Lane, and Wallace Road from Valley View Lane northward. The City of Carrollton has recently changed the name to Luna Road within the City of Carrollton. This leaves only the portion from Valley View Lane to Keenan Bridge remaining as Wallace Road. This is a distrance of about 800'. The only property owner in Farmers Branch fronting this portion of the road, The Bonneau Company, has been contacted. Mr. Bonneau said that it would not affect his business, and that he was in favor of the name change. Vol. 31, Page 79. After some consideration, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", adopted Resolution No. 79-014 changing the name of Wallace Road to Luna Road in the City of Farmers Branch. AGENDA ITEM NO. D.-CONSENT ITEMS. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", withdrew Item D.4 and Item D.5 from the Consent Items for separate consideration, and approved Consent Items Nos. 1, 2, 3 and 6. The items approved are as follows: 1. A final plat of Lot A, Block B of Inwood Plaza located at the northwest corner of-Alpha Road and Inwood Road in a LI Zoning District in order to create a building site. 2. A site plan for Mrs. Richardson's Day School located on Bee Street and Goodland Street to construct a 6' high wooden fence along Bee Street to enclose the newly purchased property formerly occupied by Branch Plumbing Company. 3. Authorized the City Manager to sign a Developer's Contract between Lincoln Property Company and the City of Farmers Branch, and accepted a Hold Harmless Agreement. 6. Rejected all bids received for a roll on/roll off water tank and authorized the readvertisement for bids. Consent Item No D.4-Ordinance Prohibiting Agriculture Land Use Evaluation. Auer some discussion as to the purpose of the resolution, a motion by Councilman Johnson, a second by Councilman Weidinger, all voting "aye", adopted the following captioned Ordinance No. 1268: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, EXEMPTING AND EXCLUDING THE APPLICATION OF ARTICLE 1 AND ARTICLE II OF HOUSE BILL NO. 1060 RELATING TO AD VALOREM TAXES IN THE CITY OF FARMERS BRANCH FOR THE YEAR 1979; PROVIDING THE SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY CLAUSE. Consent Item No D 5-Awarding<.Bid for 300 KW Emergency Generator. After some discussion relating to specification requirements and the use and durability of the equipment, Councilman Haggerty made a motion to award the bid to Darr Equipment Company in the amount of $50,806.00 for a generator and accessories. Councilman Weidinger seconded the motion. The motion carried 4 to 1 Councilmen Haggerty, Weidinger, Quevreaux and Johnson voting "aye", and Councilman Dodd voting "nay". MAYOR BINFORD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS THE COUNCIL MEETING 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, 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. Vol. 31, Page 80. AGENDA ITEM NO. E.1=EXECUTIVE SESSION. An Executive Session was held relating to discussions of land acquisition and pending and contemplated litigation. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEM NOS. E.2, E.3 AND EA - NO NECESSARY ACTION NEEDED. AGENDA ITEM NO. F.1 - ADJOURNMENT. A motion by Councilman Johnson, a second by Councilman Haggerty, all voting "aye", adjourned the City Council meeting of August 6, 1979 at 10:35 P.M.. Mayor Bi Bin or ity ecretary Vol. 31, Page 81.