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1979-09-04 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING SEPTEMBER 4, 1979 COUNCIL CHAMBER POLICE BUILDING The following members of the City Mayor Mayor Pro Tem. Councilmen: The following members of the City City Manager City Secretary City Attorney Public Information Officer Recording Secretary Council were present: Bill Binford John Dodd Ken Quevreaux Fred Johnson Pat Haggerty Herb Weidinger Administration were present: Paul M. West J. W. Wade John Boyle Sherry Walden Ruth Ann Parish Mayor Binford called the City Council meeting of September 4, 1979 to order at 7:30 P.M.. AGENDA ITrM NO. A.1-INVOCATION. J. W. Wade gave the invocation. EMERGENCY ITEM DECLARED. A motion by Counci man Dodd, a second by Councilman Johnson, all voting "aye", declAred an emergency and placed as Item No. C.10 Discuss Rabies Control. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES. A motion• y Councilman Johnson, a second by Councilman Dodd, all voting "aye", approved the minutes as submitted of the Council meeting of August 20, 1979. AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AWARD. Mayor Bin ford presente a 10 year service award to Antonio Saldana of the Street Division for his employment with the city. 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. Mr. Jim Upfield, 135E=2 Braemar Drive, who is presently serving on the Farmers Branch Hospital Board of Directors, addressed the Council and expressed appreciation for having had the opportunity of serving Vol. 31, Page 93. on the Farmers Branch Hospital Authority Board. Mr. Upfield stated that his term would expire the end of this year and , suggested that the Council consider appointing someone with background of financial planning experience. Mr. Floyd Brown, 13832 Braemar Drive, who is presently serving on the Farmers Branch Hospital Board of Directors and whose term expires December, 1979, respectively requested to be reappointed to the Hospital Board for another term. Mr. Brown gave an up'-to date report on the hospital's services and financial condition. Mr. Brown informed of future building plans of the hospital. Mr. Brown also requested the Council give consideration of appointing someone with financial background experience for Mr. Upfield's place when he retires from the Board. AGENDA ITEM NO. C.1-PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR A PERMANENT CONCRETE BATCHING PLANT MIX, INC., FOR THE PROPERTY LOCATED NORTH OF ROYAL LANE AND EA5i-f Ur' THE ELM FORK OF THE TRINITY RIVER AND CONTAINING 14.56 ACRES OF LAND. Mayor Bin ford opened the public hearing: Section 8-112-of the City's Zoning Ordinance requires a Specific Use Permit to operate a permanent concrete batching plant in a Light Industrial Zoning District. Freeway Reddy 12ix, Inc. currently operates a concrete batching plant at 1480 Valley View Lane in Farmers Branch. Free- way Ready Mix, Inc. has an option to purchase 14.56 acres of land located north of Royal Lane and immediately eazt to the Elm Fork of the Trinity River. The property is within PD-22(LI) Zoning District. Freeway Ready Mix, Inc. would like to relocate their concrete batching plant to the new site at sometime in the future. A Specific Use Permit is required before the relocation can take place. The Planning and Zoning Commission recommends that the request for the Specific Use Permit by Freeway Ready Mix, Inc. be denied. Mayor Binford asked if there was anyone in the audience wishing to speak for or against the request. The following spoke: Mr. Jim Cummings, part owner and representing Freeway Ready Mix, Inc., presented the request for the Specific Use Permit for a permanent concrete batching plant to be located north of Royal Lane and east of the Elm Fork of the Trinity River, containing 14.56 acres of land. Mr. Cummings explained that the property is within the flood plain and hopes to be able to get approximately 6 acres removed from the flood plain. An engineering study will have to be made to deter- mine whether some of the property can be removed from the flood plain. Mr. Cummings stated that Freeway Ready Mix, Inc. would like to get the Specific Use Permit before spending monies necessary to have the engineering study done. Vol. 31, Page 94. Mr. John Justin of Hughes & Hill representing the Texas American Bank, owners of the property immediately east extending from Royal Lane along Luna Road of the property in question, opposed the request for the Specific Use Permit. The Texas American Bank holds the 155 acres for a group of lenders. Mr. Justin stated that the Specific Use Permit for the batching plant, if granted, would be a substantial detrimental impact on the development of the area through the increase noise, traffic and congestion of trucks and equipment at the corner of Luna Road and Royal Lane. Mr. Justin stated that at the Planning and Zoning Commission meeting Mr. Cummings stated that there were no immediate plans at this time to construct the plant and this means the property would be tied up for a long period of time before the plant is constructed. Mr. Justin stated that the Specific Use Permit would hender the development os his client's property and requested the request be denied. Mr. Joe Harrison, representing a property owner in trust with Texas American Bank, opposed the request for the Specific Use Permit because of no immediate plans to develop the land. Mr. Harrison stated that batching plants are unattractive and it was the feeling of his client that the Use would hender development of surrounding properties. Mr. Cummings responded to statements made by Mr. Justin and Mr. Harrison. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", closed the public hearing. Councilman Haggerty made a motion to deny the request for a Specific Use Permit for a concrete batching plant as presented by Mr. Cummings of Freeway Ready Mix, Inc.. Councilman Dodd seconded the motion. The motion carried 4 to 1 with Councilmen Haggerty, Dodd, Johnson and Weidinger voting "aye", and, Councilman Quevreaux voting "nay". AGENDA ITEM NO C.2-PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR INDOOR COMMERCIAL AMUSEMENT USE IN A LIGHT INDUSTRIAL ZONING DISTRICT. REQUESTED BY DAY REALTY OF DALLAS, INC., FOR THE PROPERTY LOCATED AT DAYS INN AT 2275 VALLEY VIEW LANE. Mayor Binford opened the public hearing. Section 8-104 of the City's Zoning Ordinance requires a Specific Use Permit to operate an indoor commercial amusement use in a Light Industrial or Planned Development Zoning District. The 8 Days Inn at 2275 Valley View Lane is within a Planned Development Zoning District allowing Light Industrial Uses. The Days Inn proposes to convert the existing gift shop into a game room by adding electronic type games and pinball machines. A Special Use Permit is required for the conversion. Vol. 31, Page 95. The Planning and Zoning Commission recommended that the Specific Use Permit be granted with the conditions that: (1) the hours of operation of the game room be from 6:00 A.M. until 9:00 P.M.; (2) the maximum number of machines to be limited to eight (8); and, (3) any electronic machines to be of the game type only. Mayor Binford asked if there was anyone in the audience that wished to speak for or against the request. The following spoke: Mr. Craig Buchanan, Manager of the 8 Days Inn in Farmers Branch, presented a request for the Specific Use Permit to operate a game room at the Days Inn on Valley View. Mr. Buchanan stated that the proposed use is for the entertainment of guests only and will be well supervised at all times. There will be no pool table. Pin ball machines are proposed. The game room and adjoining restaurant will close at 9:00 P.M.. There being no one else wishing to speak, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", closed the public hearing. There followed a discussion between the members of the City Council, Mr. Buchanan and Mr. Scott Young of 8 Days Inn relating to the construction of the game room, its operation, and of the game room being a possible gathering place of outside guests. After more discussion, a motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", denied the request for the Specific Use Permit as requested by the 8 Days Inn. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", took out of order Agenda Item No. C.10 to discuss rabies control at this point in the meeting. AGENDA ITEM NO. C.10 -DISCUSS RABIES CONTROL. This item as been placed on the agenda at the request of Councilman Dodd in regards to the results of a confirmed report on a rabid cat found in the city, and of making citiznes aware of what to do about their pets who have not been vaccinated. Councilman Dodd introduced Dr. Arledge, veterinarian of Valwood Animal Hospital and Dr. Marjorie Sewell of the Dallas County Health Department. Dr. Arledge stated he had been in practice in Farmers Branch for 14 year and is willing to do whatever is necessary to help in setting up a rabies innoculation program for Farmers Branch pet owners. Dr. Arledge stated that Dr. Miller, a veterinarian of the Animal Clinic of Farmers Branch, is also willing to make his services available. Vol. 31, Page 96. Dr. Sewell stated that she has been involved with the Farmers Branch rabid cat incident the minute the results were found to be positive. Dr. Sewell stated that Dallas County has its 28 head identified as rabies and that this is the worse year since 1960 for rabies. Dr. Sewell commended the citizens, physicians, the hospital and the city staff of Farmers Branch for working together and getting on top of this rabid case. Dr. Sewell reported that the report on the second cat was negative. Dr. Sewell recommended the City Council and the City Manager to provide a third animal control officer and suggested that the citizens in the area of where the rabid cat was found be made aware of the incident. Dr. Arledge explained that he and Dr. Miller can hold an open clinic at their facilities at a time their regular clients are not scheduled. He suggested to hold the open clinic on a Saturday afternoon possibly from 1 to 4 P.M. and~ a reduced rate. After more discussion of making citizens aware of the importance of having pets vaccinated, Councilman Dodd made a motion that the City Staff coordinated with Dr. Arledge work out an appropriate city wide rabies vaccination program and that the City Administra- tion promote a citizen awareness and notification program, parti- cularly in the area of the location where the rabid cat was found. Councilman Quevreaux seconded the motion and all voted "aye' AGENDA ITEM NO.C3-CONSIDER REQUEST FOR VARIANCE FROM BUILDING SET- BACK" LINE ALONG DALLAS PARKWAY. A ter discovering that the request of Mr. Austin Lewis of North Dallas Lumber for a 20' variance from the greenbelt area requirement along Inwood Road to_ be use&fnr -parking for a- propose high-rise building was -to have been presented before the Zoning Board of Adjustment and not to the City Council, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", passed onto the next item on the agenda.. AGENDA ITEM NO. C.4- REPORT ON FUTURE STATUS OF DARRELL AND ARBOR- VIEW ROADS. Mayor Binford gave the following information from a memo to the City Council from the City Administration: On August 20, 1979, the City Council tabled action on this matter until all property owners had been contacted directly concerning their property. There are 25 separate tracts in the area but only 11 property owners. Seven of the property owners have chosen Jesse Arnold as spokesman. Telephone contact shows this group as being interested in selling their pro- perty. Letter responses from W. E. Davenport, Mary H. Carter, Mrs. Roberta Reeves, and Laura Gray indicate their desire to sell and/or consolidate the property for sale for development. Vol. 31, Page 97. After some discussion of the question of whether or not to consider abandoning Darrell and Arborview Roads, City Attorney John Boyle explained that in order to vacate a street after it had been platted, it was necessary to have an agreement in writing of all parties authorizing the abandonment. After securing written agreement and authorization from all parties, then the City Council would have to consider the adoption of an ordinance finding no need for the right-of-way for street purposes. After more discussion, Councilman Haggerty made a motion that if there can be a consolidation agreement reached by all the property owners, then the City Council would look favorably upon abandonment of Darrell and Arborview Roads. Councilman Dodd seconded the motion. Upon discussion, Councilman Johnson made a substitute motion that the City Administration be instructed to seek written consent and authorization from the property owners for the abandonment of Darrell and Arborview Roads and the easement alley between the two streets. Councilman Dodd seconded the motion. The substitute motion carried with all voting "aye". AGENDA ITEM NO. C.5-CONSIDER PARTICIPATING WITH TEXAS MUNICIPAL LEAGUE CITIES IN THE LONE STAR GAS COMPANY RATE INCREASE. Mayor Bin or gave the following information from a memo to the City Council from`the City Administration: Lone Star Gas Company has applied to the Texas Railroad Commission for a 15% gate rate increase. As in prior Lone Star Gas rate requests, the Texas Municipal League cities have banded together to investigate the reasonableness of the rate increase and to oppose any excessive increase. The Steering Committee requests that each city served by Lone Star Gas Company contribute 3,~_ per capita toward financing this investi- gation-and presentation of the case to the Railroad Commission. The cost to the City of Farmers Branch would be $824.76 based on the 1970 census, 27,492. After some discussion, Councilman Dodd made a motion to approved the expenditure of $824.76 and join other Texas Municipal League Cities in the Lone Star Gas Company rate request case. Councilman Haggerty seconded the motion. The motion carried 3 to 2 with Councilmen Dodd, Haggerty and Weidinger voting "aye", and Councilmen Quevreaux and Johnson voting "nay' After some discussion of deposit refunds from the various utility companies, Councilman Haggerty made a motion instructing the City Staff to investigate as to whether or not Lone Star Gas Company has refunded deposits to residents of the city. Councilman Dodd seconded the motion. The motion carried 3 to 2 with Councilmen Haggerty, Dodd, and Weidinger voting "aye", and, Council- men Quevreaux and Johnson voting "nay". Vol. 31, Page 98. AGENDA ITEM NO. C.6-CONSIDER RESOLUTION NO. 79-015 CHANGING VARIOUS STREET NAMES IN THE OAKBROOK ESTATES SUBDIVISION. Mayor Bin or gave the following information from) a memo to the City Council from the City Administration: At the time that the Oakbrook Estates Subdivision was platted, the Developer and the City checked for street name duplications with the Postal Service. Apparently due to a communication misunderstanding with the Postal Service, it has now been determined that some street name similarities and/or duplications with existing street names in the the Dallas Postal Service area do exist. The Postal Service states that it will not extend mail delivery service to this subdivision until such time that the duplicate street names are changed or the matter is resolved in some other manner. The Developer of the subdivision has prepared a list of proposed street names to replace the duplicate ones. A resolution has been prepared for consideration that changes the duplicate street names. The proposed street names have been cleared by the Postal Service. After some discussion, Councilman Johnson made a motion to adopt Resolution No. 79-015 that changes various street names in the Oakbrook Estates Subdivision. Councilman Weidinger seconded the motion. The motion carried 4 to 1 with Councilmen Johnson, Weidinger, Dodd and Haggerty voting "aye", and Councilman Quevreaux voting "nay". AGENDA ITEM NO. C.7-CONSIDER RESOLUTION NO. 79-017 REPEALING RESOLUTION NO. 79- AND CHANGING THE METHOD OF ELECTION FOR THE DALLAS COUNTY APPRAISAL DISTRICT. This item was placed on the agenda at the request of Councilman John Dodd. Councilman Dodd explained that Resolution No. 79-017 differed from Resolution No. 79-016 that was adopted at the last Council meeting in the respect of having a Board of Ratification,Resolution 79-017 providds for an Advisory Board that shall consult with and make recommendations to the Appraisal District Board of Directors. Councilman Dodd reported that the proposed change in the resolution was agreeable with the School Districts, City of Dallas and the Greater Dallas County League of Municipalities. After some consideration, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", adopted Resolution No. 79-017 that repeals Resolution No. 79-016 and changes the method of election for the Dallas County Appraisal District. AGENDA ITEM NO. C.8-CONSIDER ORDINANCE NO. 1270 REQUIRING NOTIFI- CATION TO PROPERTY OWNERS INVOLVED IN PROPOSED STREET PLANS OR CHANGE IN THOROUGHFARE PLANS. After some consideration, a motion by Councilman Johnson, a second by Councilman Ouevreaux, all voting "aye", adopted the following captioned Ordinance No. 1270: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING A PROCEDURE FOR AMENDING THE CITY'S MASTER THOROUGHFARE PLAN; PROVIDING FOR THE PAY-. MENT OF FEES. Vol. 31, Page 99. AGENDA ITEM NO. C.9-DISCUSS PAVING MACHINE. This item has been placed on the agenda at the request of Councilman Haggerty. Councilman Haggerty stated that in the construction of Midway Road and Josey Lane delays, have been caused by problems of land acquisition, utility relocation, the weather, and the paving machine. Councilman Haggerty explained that the paving machine creates problems of delay due to inexperienced crews operating the machine and of it being sophisticated equipment requiring experience operators. Councilman Haggerty explained that he was not criticizing the city staff on the construction that has been done because the crews have done the best job possible under the circumstances. Councilman Haggerty stated that the paving machine is half of what is regularly used to pave a major street because it takes a longer time to pave in two motions instead of one. Councilman Haggerty compared capabilities of the private contractor doing the paving to that of city crews. Councilman Haggerty stated that another problem is the City's role in inspecting the street paving as to whether this is a good practice where the city inspects its own work. He stated another problem has been the reduction of waterline replacement work due to the high priority required for Midway and Josey Lane. After some discussion relating to the usage of the machine for smaller projects and alleys; costs by city crews versus contractors cost, Councilman Haggerty made a motion to instruct the City Manager to sell the paving machine as soon as the Midway Road and Josey Lane project is finished. Councilman Dodd seconded the motion. After more discussion, the motion failed 4 to 1 with Councilman Quevreaux, Dodd, Johnson, and Weidinger voting "nay", and Council- man Haggerty voting "aye". AGENDA ITEM NO. D.1 THROUGH D.7-CONSENT ITEMS. A motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", approved Consent Items No. D.1, D.2, D.3, D.4, D.5, D.6 and D.7. The approved items are as follows: 1. Approved site plan for Stewco Development for the pro- perty located at the southwest corner of Rossford and Jett Streest. 2. Approved a final plat for Stewco Development for the property located at the southwest corner of Rossford and Jett Streets in order to create a building site for a one-story office building. Vol. 31, Page 100. 3. Authorized the City Manager to enter into a Developer's Contract with Stewco Development and the City of Farmers Branch, and accepted a Hold Harmless Agreement, for the installation of all required public improvements. 4. Approved a replat of Metropolitan Business Park, Section 7 located at the southeast corner of Spring Valley Road and Midway Road. The property is being replatted in order to create a building site for a ten story office building. 5. Authorized the City Manager to enter into a Developer's Contract for Metropolitan Business Park, S vtion 7, and the City of Farmers Branch, and accepted a Hold Harmless Agreement, for the installation of all required public improvements. 6. Approved the development plan submitted by Bruton Properties for property located immediately west of the service road of Stemmons Freeway and south of Springlake Road. The purpose of the plan is to extend Valley Branch Circle from its existing location east to the west service road of Stemmons Freeway. The plan is not being submitted for platting or site plan approval. 7. Adopted the following captioned Ordinance No. 1271: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE 1976 EDITION OF THE UNIFORM BUILDING CODE, ALSO KNOWN AS THE BUILDING CODE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED; BY AMEND- ING PART V, SECTION 1704 OF CHAPTER 17, ROOFS; PRO- VIDING FOR A SAVINGS CLAUSE, PROVIDING FOR INJUNC- TION RELIEF, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE, AND DECLARING AN EMERGENCY. MAYOR BINFORD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR 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 101. AGENDA ITEM NO. E.1-EXECUTIVE SESSION. An Executive Session was held relating to discussion of land acqui- sition. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEM NOS. E.2. E.3 AND E.4 -NO NECESSARY ACTION NEEDED. AGENDA ITEM NO. F.1-ADJOURNMENT. A motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", adjourned the City Council meeting of September 4, 1979 at 10:20 P.M.. Councilman Quevreaux dismissed himself. Councilman Haggerty made a motion to reconvene into a budget study session. Councilman Weidinger seconded the motion. Councilman Johnson made a subsitute motion to continue the budget study session until after August 31 financial statements have been prepared. The subsitute motion died for the lack of a second. The motion of Councilman Haggerty's to reconvene into a budget study session carried 3 to 1 with Councilman Haggerty, Weidinger and Dodd voting "aye", and Councilman Johnson voting "nay". Vol. 31, Page 102.