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1977-02-21 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR. MEETING February 21, 1977 The following City Council members were present: Mayor George G. Grimmer Mayor Pro Tem Bill Binford Councilmen: John Dodd Fred Johnson Ken Quevreaux The following City Council member was absent: Councilman W. R. Linn Councilman Linn's absence was recognized as an excused absence because he was in the hospital. The following members of the City City Manager City Attorney City Secretary Director of Staff Services Secretary Administration were present: Paul M. West Ray Hutchison J. W. Wade Glenn Moore Ruth Ann Parish Mayor Grimmer called the City Council meeting of February 21, 1977 to order at 7:30 p.m. . AGENDA ITEM NO. 1. -INVOCATION. J. W. Wade gave the invocation. DECLARING AN EMERGENCY A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", declared an emergency and placed the following item on the agenda: Agenda Item 15.A. - Consider Resolution Requesting the U. S. Postal Service to Revise the Zip Code Boundaries and Establish Independent Post Office for Farmers Branch. AGENDA ITEM NUMBER. CHANGE REQUEST. Mayor Grimmer announced that Mr. Logan Wright representing the request in Agenda Item 8 (Specific Use Permit request for a Sonic Drive-In Restaurant), had made a request that his item be placed at the beginning of the meeting in order that he may leave to catch a plane for Oklahoma tonight. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", replaced Agenda Item 8 to be considered after the approval of the minutes. Vol. 27, Page 117 AGENDA ITEM NO. 2. - APPROVAL OF MINUTES - February 7, 1977. After consideration, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", approved the minutes of the City Council meeting of February 7, 1977, as submitted. ITEM CHANGE - AGENDA ITEM NO. 8. -PUBLIC HEARING TO CONSIDER. REQUEST OF SONIC DRIVE-INNS FOR A SPECIFIC USE PERMIT FOR. A DRIVE-INN RESTAURANT IN AN LR.-2 ZONING DISTRICT. PROPERTY LOCATED ALONG THE EAST SIDE OF JOSEY LANE IMMEDIATELY NORTH OF THE VICKER.'S SERVICE STATION. Mayor Grimmer opened the public hearing to consider a request for a Specific Use Permit to operate a Sonic Drive-Inn Restaurant to be located on the east side of Josey Lane, north of Cooks Creek Drive and immediately north of the Vicker's Service Station. Mr. Logan Wright was present in behalf of the request. Mayor Grimmer stated that the Planning and Zoning Commission recommended the Specific Use Permit be granted with the following two conditions: 1. A screening fence be placed around the refuse container. 2. Landscaping be required on the property in the areas noted on the site plan dated February 14, 1977. Mayor Grimmer asked if there was anyone in the audience wishing to speak in favor of the request? No one spoke. Mayor Grimmer asked if there was anyone in the audience wishing to speak in opposition of the request? No one spoke. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", closed the public hearing. Mr. Wright answered questions proposed by the members of the City Council. Mr. Wright's answers concerned the following information: The Sonic Drive-Inn is a franchise and is owned by four individuals. Mr. Wright is the land-lord and one of the partners in the business. A computerized market survey was taken on the proposed location and proved very favorable. The anticipated investment of the business to be built will be $140, 000. 00 on the land and $40, 000. 00 on the equip- ment. The anticipated revenue is approximately $320, 000. 00 annually. Patrons are to stay in their cars and no loitering will be permitted on the premises. The manager will be trained to enforce the loitering policy and if there are any problems the company will hire a security guard for the location. Mr. Robert Dawson, who is in his late 401s, will be one of the owners and manager of this particular restaurant. The hours of operations are proposed to be: 10:00 AM to 11:00 PM Sunday thru Friday, and, 10:00 AM to 12:00 PM on Saturdays. The business is aimed toward family business. The drive-in is designed for outside car service Vol. 27, Page 118. with no inside eating facilities. The food will be served in disposable containers and Left on the tray for employees to place in the trash containers. The facility is designed so that traffic can circle around the building. A request has not been presented to any nearby city for this particular Sonic Drive-Inn facility. Mr. Wright stated that there are approximately 40 drive-ins in Texas and all facilities are staying open and making a profit. Councilman Binford stated that he did not feel that this type of business would be appropriate in this area. He is concerned about the loitering on the premises and the trash problem it could create. After more discussion, Councilman Johnson made a motion to approve the request for a Specific Use Permit for a Sonic Drive-Inn Restaurant on Josey Lane with the two conditions as recommended by the Planning and Zoning Commission concerning: (1) a screening fence be placed around the refuse container; and, (2) landscaping be required on the pro- perty in the areas noted on the site plan dated February 14, 1977, by adopting the following captioned Ordinance No. 1127: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR A RESTAURANT -WITH DRIVE-IN SERVICE IN AN LR-2 ZONING DISTRICT LOCATED ON THE EAST SIDE OF JOSEY LANE 160 FEET NORTH OF THE NORTH RIGHT-OF-WAY OF COOKSCREEK PLACE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUFI OF ($200. 00) FOR. EACH OFFENSE AND DECLARING AN EMERGENCY. Councilman Dodd seconded the motion. The motion carried 3 to 2. The vote was: Councilman Quevreaux and Councilman Binford voting "nay", and, Councilman Johnson and Councilman Dodd voting "aye", with Mayor Grimmer voting "aye" breaking the tie. AGENDA ITEM NO. 3. - RECOGNITION OF SCOUT TROUPS Mayor Grimmer recognized and welcomed Girl Scout Troup No. 133 and Boy Scout Troup No. 433 who were present for the meeting. AGENDA ITEM NO. 4. -PRESENTATION OF SERVICE AWARD Mayor Grimmer presented a five year service award to Douglas R. Redmon of the Fire Department for his employment with the city. AGENDA ITEM NO. 5. - INVITATION TO THE MEMBERS OF THE CITY COUNCIL TO RIDE IN THE CLEAN-UP CAMPAIGN PARADE. Mayor Grimmer extended an invitation rto tare members of the City Council from the City Administration to ride in a parade scheduled for Saturday, March 19, 1977 at 11:00 AM. The parade will kick off the Farmers Branch Annual Clean-up Campaign. The Council will ride in a small train being provided by Central Bank & Trust Company. Vol. 27, Page 119. AGENDA ITEM NO. 6. -CONSIDER. WATER. RATE ADJUSTMENT TO COVER. ADDITIONAL CHARGES IMPOSED BY THE CITY OF DALLAS. City Manager Paul West explained that the City of Dallas adopted a water rate ordinance increasing the water rates of the suburban cities and because of this the City Administration has studied and prepared some considerations to cover these additional charges. Mr. West explained that at the last City Council meeting a chart was displayed showing the Council what the effect the increased rates will have on the city's water revenues and what the position of the city would be at the end of this fiscal year. Mr. West stated that the chart was in error at that time. A corrected chart was displayed and discussed by Mr. West. The actual cash balance of 10/1/76 was a deficit of $59,461.88. The actual revenues thru 2/1/77 are $455,167. 96. The actual expend-.- ture thru 2/1/77 is $519,252.08. The actual cash balance as of 2/1/77 is a deficit of $123, 456.00. The estimated revenues for Feb., 1977 are $119, 200. 00. The estimated revenues for the balance of the year are $1, 314, 690.00. The estimated expenditures for Feb., 1977 are $144,100.00. The estimated expenditure for the balance of the year is $1,287, 569. 00. The estimated cash balance as of September 30, 1977 is a deficit of $121,325. 00. Mr. West presented three rate- proposals for the Council's consideration. Proposed Rate # 1 Ordinance is basically an increase of $..12 per ` 1,000 gallons over the present rate. The city anticipates a rate increase from the City of Dallas in excess of 09 per 1, 000 gallons. This ordinance will produce an estimated increase in revenues of $123,056. 00 during the period March 1, 1977 thru September 30, 1977. Proposed Rate #2 Ordinance is basically an increase of $.15 per 1, 000 gallons over our present rate. We estimate this rate will increase our revenues by $125, 822. 00 during the period March 1, 1977 thru September 30, 1977. Proposed Rate #3 Ordinance is basically an increase of $4. 00 per month on the minimum charge and an increase of 10 per 1, 000 gallons over the present rate. This rate is estimated to produce an additional $129, 049.00. Transparencies were displayed showing the comparisons of the various rates. Mr. West recommended Rate #3. Mr. West explained that either one of the three rates will provide the necessary money to break even at the end of this fiscal year, provided the usage consumptions are estimated correctly. Vol. 27, Page 120. In discussion, it was pointed out by J. W. Wade, Finance Director, that out of 7, 500 water connects approximately 1, 000 fall in the minimum or below usage category. Mayor Grimmer stated that provisions were needed to increase the water revenues because already the operations such as the water tower maintenance and customer services have been omitted,from the water account. City Manager stated that if the city did win the water rate case and receive reimbursement from Dallas, these funds are anticipated to be spent for the waterline replacement program, customer services operation, and maintenance on the elevated storage tank. Councilman Dodd stated he desired Rate #1 which is the least increase. Councilman Binford stated that Rate #3 would effect the small user more. Councilman Johnson stated he would like to see if Rate #3 could be considered on the standpoint of retaining the $3. 00 minimum on the first 2000 gallons and then charge $1. 025 per gallon for the next 8, 000 gallons which would produce exactly that $11.20 rate for 10, 000 gallons. Councilman Dodd made a motion to adopt the following captioned Ordinance No. 1130 with Rate #1 as discussed; AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 1 OF ORDINANCE NO. 1114, SETTING FORTH THE MONTHLY RATES OR CHARGES FOR SERVICE BY THE WATER. WORKS SYSTEM OF THE CITY FOR VARIOUS TYPES OF RESI- DENTIAL DWELLINGS, BUSINESSES OR. COMMERCIAL ESTABLISH- MENTS OR. COMBINATION THEREOF WHEN SUCH COMBINED UNITS ARE TO BE CHARGED SEPARATELY FOR SERVICE; AMENDING SECTION 2 OF ORDINANCE NO. 1114, THE MONTHLY RATES OR CHARGES FOR SERVICES FURNISHED BY THE SANITARY SEWER. SYSTEM FOR EACH BUSINESS, COMMERCIAL AND INDUSTRIAL ESTABLISHMENT SHALL BE BASED ON THE GALLONS OF WATER. USED AND WITH AN ADDITIONAL $2.50 FOR EACH 50,000 GALLONS OR. PARTS THEREOF USED; AMENDING SECTION 3 OF ORDINANCE NO. 1114, PROVIDING DISCOUNTS FOR. SINGLE BILLINGS; AND PROVIDING THAT ALL OTHER PORTIONS OF ORDINANCE NO. 1114 SHALL REMAIN IN FULL FORCE AND EFFECT. Councilman Quevreaux seconded the motion. After some discussion of having the rates reviewed September 1, 1977, Councilman Dodd amended his motion to include, that the water rates be reviewed by the Administration on September 1, 1977 to see if they are as equitable or more equitable than what is proposed at this time. Councilman Quevreaux who seconded the motion, accepted the amendment to the motion. Vol. 27,.Page 121. The motion carried 3 to 2. The vote was: Councilman Johnson and Councilman Binford voting "nay", Councilman Dodd and Councilman Quevreaux voting "aye" with Mayor Grimmer voting "aye" breaking the tie. Mayor Grimmer stated that by adopting this ordinance the City Council does not in any way agree to accept the rates the City of Dallas has imposed by their ordinance. AGENDA ITEM NO. 7. -PUBLIC HEARING: TO CONSIDER. REQUEST FOR. ELECTRICAL RATE INCREASE BY TEXAS POWER. AND LIGHT COMPANY. Mayor Grimmer opened the public hearing to consider the request for electrical rate increase by Texas Power & Light Company. Mr. Charles Page, District Manager of Texas Power & Light in the Farmers Branch office located at 14400 JoseY Lane, presented a request for an electrical rate increase. In his presentation, Mr. Page stated it was the objective of TP & L to assure the citizens of Farmers Branch, not only to have adequate electric service now, but in the future and that the citizens receive the service at a reasonable cost. Mr. Page stated that TP&L is faced with problems which could have massive effect not only on the liability of service in the future but also the cost of that service, Mr, Page stated that TP&L's problem primarily centers around fuel, not only in price but in availability also. Mr. Page stated that the reason for the request for an increase is to support the construction program of switching over from this fuel. He stated that the Railroad Commission thru Docket 600 instructed them to get away from using oil or gas in the future in their generators. Mr. Page explained that after all their lignite is committed then they must convert oil and gas to coal or whatever other fuel would be available and at this point probably nuclear in the near future. Mr. Page displayed and discussed slides concerning the following topics: Fuel Costs of Texas Power & Light Company Estimated Cost Savings to Customer from Use of Lignite PerCent of Total Energy generated by Lignite Total Projected Energy Cost of New Generation Plant Facilities Air Pollution Control Costs TP&L Annual Construction Expenditures Investment Per Customer Times Earned Fixed Charges (Interest Coverage) Embedded Interest Cost Return on Average Book Value of Common Equity Annual Construction Expenditures Vol. 27, Page 122. Mr. Page stated that TP&L is also seeking some accounting changes that will help increase the internal generation of funds. The three changes consist of eliminating allowance for funds during construction; will increase their depreciation rate; and, will normalize taxes. Mr. Page stated that if TP&L is to continue service to its people as it has in the past, TP&L must have an increase in revenue. He stated that TP&L had two choices; 1. ask, the customers to keep their plant in action by granting this increase; 2. stop construction and let the continued price of gas go on and put in a cost of fuel adjust- ment. Mr. Page requested the Council to study the request for the increase very carefully. Mayor Grimmer asked if there was anyone in the auidence wishing to speak in favor of the request? No one spoke. Mayor Grimmer asked if there was anyone in the auidence wishing to speak in opposition to the request. The following spoke: Mrs. Carol Dingman, 3605 Tanglewood Circle, opposed the request for the increase and requested the Council to wait to grant any increase to TP&L until the Public Utility Commission rules on TP&L rate in unincorporated service areas. Mrs. Dingman gave figures on percentages of various types of water users if the increase is granted. She compared the rates of that of the Texas Power & Light Company, Dallas Power & Light Company and the Texas Electric Service Company. She pointed out that Texas Power & Light rates were the highest. Mrs. Dingman presented the following items for consideration of study: 1. Proposal for an enterstate Electric Utility System 2. People Pricing - where customers pay a higher rate for electricity at peak times. 3. Level Payment Plan - monthly equal payments 4. Exclusion of advertising, club dues, charity donations and public information from the rate base. Mr. Roger McMahon, 3332 Arawak, reviewed information from Standard & Poors. He asked the Council to study all information available before making a decision of raising the rates. Mr. Basil Weaver, 2948 Primrose Lane, asked what were the profits of Texas Utilities and how much of this profit comes from Farmers Branch. How much of this construction cost going to be for Farmers Branch. Mr. Page answered the questions that had been asked. Mr. Page stated that the rates and all the material backing up the request are on file at his office and at the city hall for the viewing of anyone who wishes to do so. Vol. 27, Page 123. After more discussion of the Council desiring to receive the study by the Touche Ross and Company, which is being conducted through the Texas Municipal League, on the Texas Po«vcr & Light rate increase request, Councilman Binford made a motion that the public hearing be continued for a review and analysis by and a recommendation of the City Manager, and that the City Manager in connection with such review is authorized to require that such other information be furnished as he shall deem necessary on both a system-wide and an allocated basis; and, that during period of such review the suspension of rates ordered by this Council at the January 17th meeting shall be continued and that the final public hearing on this matter shall be held and conducted by this Council at a regular or special meeting to be held not later than May 2nd, 1977. Councilman Johnson seconded the motion. The motion carried with all voting "aye". AGENDA ITEM NO. 13 -REQUEST FOR. DISCUSSION AT THIS TIME. A motion by Councilman Dodd, a second by Councilman Binford, all voting "aye", approved the request of Mr. Don Hammond to discuss at this time the request of Central Bank for site plan approval. CONSIDER. REQUEST OF CENTRAL BANK AND TRUST COMPANY FOR. SITE PLAN APPROVAL FOR THE PROPERTY LOCATED NEST OF JOSEY LANE AND SOUTH OF VALLEY VIEW LANE. Mr. Don Hammond of Central Bank & Trust Company presented a request for site plan approval for an addition to the bank. Mr. Hammond stated the bank would like to increase their building at 12875 Josey Lane by adding an approximate 19, 000 sq. ft. two story building. He stated that the addition would be on the south and west side of the existing building, and that the exterior will be coordinated with that of the new drive-in facility. Mr. Hammond stated that Central Bank has purchased additional property to the north of the bank for additional parking. The existing parking area south of the bank will be used for customer parking and the employee parking will be to the north of the auto bank. The Planning and Zoning Commission recommended the site plan be approved. After a brief discussion, a motion by Councilman Dodd, a second by Council- man Quevreaux, all voting "aye", approved the site plan as submitted by Central Bank & Trust Company for the property at 12875 Joseyy Lane. Vol. 27, Page 124. AGENDA ITEM NO. 9. -PUBLIC HEARING: TO CONSIDER. REQUEST FOR. SPECIFIC USE PERMIT FOR LAWN MOWER AND/OR BICYCLE SALES, SERVICE AND REPAIR. IN AN LR.-2 ZONING DISTRICT. REQUESTED BY DAVID SALISBURY FOR THE PROPERTY AT 14000 JOSEY LANE. Mayor Grimmer opened the public hearing to consider a request for a Specific Use Permit for a lawn mower and/or bicycle sales, service and repair use in an LR-2 Zoning District. The location is at 14000 Josey Lane. The Planning and Zoning Commission recommended the Specific Use Permit be granted with the condition that a screening fence be installed and maintained as shown on the site plan. Mr. David Salisbury was present in behalf of his request . He stated that he was agreeable to the condition of the recommendation of the Planning and Zoning Commission. Mayor Grimmer asked if there was anyone in the audience wishing to speak in favor of the request? No one spoke. Mayor Grimmer asked if there was anyone in the audience wishing to speak in opposition to the request? No one spoke. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", closed the public . hearing. After some consideration, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", adopted the following captioned Ordinance No. 1128: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH AS HERETOFORE AMENDED BY GRANTING A SPECIFIC USE PERMIT FOR. A LAWN MOWER. REPAIR. AT 14000 JOSI~(LANE IN A PLANNED DEVELOPMENT DISTRICT NO. 3 ALLOWING LR.-2 USES; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF ($200. 00) FOR. EACH OFFENSE AND DECLARING AN EMERGENCY. iI Vol. 27, Page 12 5- AGENDA ITEM NO. 10-PUBLIC HEARING: TO CONSIDER. REQUEST FOR. SPECIFIC USE PERMIT FOR AN INSIDE PAPER SORTING AND BAILING FOR. RECYCLING USE IN A LIGHT INDUSTRIAL ZONING DISTRICT. REQUESTED BY HOYT MATISE REAL ESTATE COMPANY FOR THE PROPERTY LOCATED AT 14041 DISTRIBUTION WAY. Mayor Grimmer opened the public hearing to consider a request for a Specific Use Permit for an inside paper sorting and bailing for recycling use in a Light Industrial Zoning District for the property located at 14041 Distribution Way. The Planning and Zoning Commission recommended the Specific Use Permit be granted with the two following conditions: 1. Interior doors between buildings be closed in a suitable manner. 2. A door be cut into the front of the building so that delivery of paper by autos and pick ups will be accepted inside the building. Mr. Dick Getter who will be the operator of the facility was present in behalf of the request. Mayor Grimmer asked if there was anyone in the audience wishing to speak in favor of the request? No one spoke. Mayor Grimmer asked if there was anyone in the audience wishing to speak in opposition to the request? No one spoke in opposition. Mrs. Carol Dingman, 3605 Tanglewood Circle, asked Mr. Getter if they would take paper and magazines from individuals if brought to the facility. Mr. Getter stated that they would welcome anyone who wished to contribute their papers. A motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", closed the public hearing. IF Vol. 27, Page 126. After some discussion and of Mr. Getter assuring the Council they would keep the papers off the streets, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", adopted the following captioned Ordinance No. 1126, as recommended by the Planning and Zoning Commission: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FAR.NIER.S BRANCH AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR. A PAPER. RECYCLING PLANT LOCATED AT 14041 DISTRIBUTION WAY IN A LIGHT INDUSTRIAL ZONING DISTRICT; PROVIDING FOR. SPECIAL CONDITIONS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM , OF ($200. 00) DOLLARS FOR. EACH OFFENSE AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 11. PUBLIC HEARING: TO CONSIDER. AMENDING SECTION 9-502 OF THE CITY ZONING ORDINANCE "SPECIAL FRONT YARD R.EGULA TIONS . Mayor Grimmer opened the public hearing to consider amending Section 9-502 of the City Zoning Ordinance, "Special Front Yard Regulations". Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: The Planning and Zoning Commission has held a public hearing to consider amending Section 9-502 of the city zoning ordinance by adding a paragraph to read as follows: In the R.-1, R.-2, R.-3, R.-4, R.-5, R.-6, D-1 and D-2 zoning districts, no building, structure, fence or paved parking area shall hereafter be located, erected or placed in the required front yard unless allowed by other ordinances of the city. Driveways, circular driveways, landscaping, shall be allowed within the required front ,yard. The proposed amendment will require uses such as churches, kindergartens, etc. which are located in residential zones to maintain a front yard similar to residential homes. The amendment will not allow paving of front yards for parking, but will allow driveways, circular driveways, landscaping, groundcover and other items allowed by city ordinances within the required front ,yard. Mayor Grimmer asked if there was anyone in the audience wishing to speak in favor of the amendment to the zoning ordinance? No one spoke. Mayor Grimmer asked if there was anyone in the audience wishing to speak in opposition to the amendment to the zoning ordinance ? No one,s poke. There being no one wishing to speak on this consideration, a motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", closed the public hearing. Vol. 27, Page 127 There was Council discussion of the definition of front ,yard. City Manager stated that the definition of the various zoning districts was described in the zoning ordinance. Mr. Basil Weaver, member of the Planning and Zoning Commission, stated he believed the ordinance was proposed because of objections raised when a church on Webb Chapel provided parking facilities in in front of the church. After some discussion that the ordinance would prohibit certain structures being placed in front ,yards, a motion by Councilman Binford, a second by Councilman Johnson, all voting "aye", adopted the following captioned Ordinance No. 1129: 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 SECTION 9-502, BY ADDING PARAGRAPH (M), TO RESTRICT BUILDINGS, STRUCTURES, FENCES AND IMPROVED PARKING FROM BEING BUILT OR. MAINTAINED IN THE FRONT YARD IN R-1, R-2, R.-3, R.-4, R.-5, RT-6, D-1 AND D-2 ZONING DISTRICTS; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 12. -CONSIDER AMENDING THE BUILDING CODE TO REQUIRE AUTOMATIC FIRE EXTINGUISHING SYSTEMS IN ALL BUILDINGS THREE (3) STORIES OR MORE IN HEIGHT. The following information was given to the City Council in a memo from the City Administration: On November 1, 1976 a public hearing was held to consider the proposed amendment. Since that date a committee of developers and city staff have met with representatives of fire protection, architectural, insurance and construction industries. A compromise proposal has been agreed upon. The committee recommended that the building code be amended to read as follows: Approved automatic extinguishing systems shall be installed in all multi-story buildings three (3) stories or more in height; except, that buildings classified as office buildings will be exempt from the requirement when less than fifty-two (52) feet in height and/or when less than five (5) stories in height. The fifty-two (52) foot height limitation shall not include penthouses and parapet wails. Mr. Fritz New of Baldwin Harris expressed appreciation to the City Council Z for having had the opportunity of serving on the committee with the city staff to come up with a workable solution which the committee feel will be acceptable to any developer. Vol. 27, Page 128. After some discussion, a motion by Councilman Binford, a second by Councilman Dodd, all voting "aye", adopted the following captioned Ordinance No. 1124: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE BUILDING CODE OF THE CITY OF FARMERS BRANCH BY AMENDING CHAPTER. 38, FIRE EXTINGUISHING SYSTEMS, OF THE 1973 EDITION OF THE UNIFORM BUILDING CODE BY AMENDING SECTION 3802(b), AUTOMATIC FIRE EXTINGUISHING SYSTEMS WHERE REQUIRED BY ADDING PARAGRAPH NUMBER. 12, REQUIRING APPROVED AUTO- MATIC EXTINGUISHING SYSTEMS TO BE INSTALLED IN ALL MULTI-STORY BUILDINGS THREE (3) STORIES OR. MORE IN HIEGHT; EXCEPT, THAT BUILDINGS CLASSIFIED AS OFFICE BUILDINGS WILL BE EXEMPT FROM THE REQUIREMENT WHEN LESS THAN FIFTY-TWO (52) FEET IN HEIGHT AND/ OR. WHEN LESS THAN FIVE (5) STORIES IN HEIGHT. THE FIFTY-TWO (52) FOOT HEIGHT LIMITA- TION SHALL NOT INCLUDE PENTHOUSES AND PARAPET WALLS; PROVIDING FOR. A PENALTY OF FINE NOT EXCEEDING TWO HUNDRED ($200. 00) DOLLARS FOR, EACH OFFENSE, AND CREATING AN EMERGENCY. After more discussion, Councilman Johnson requested the City Manager to contact the property owners and/or operators of the two non conforming (in the height regulation just adopted) buildings existing in Farmers Branch, and discuss the safety and encourage volunteer compliance of this new amendment to the building code. AGENDA ITEM NO. 14. -CONSIDER. RESOLUTION OPPOSING PROPOSED LEGISLATION TO INCREASE THE WEIGHT OF CONCRETE TRUCKS ON PUBLIC HIGHWAYS. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: The present legal load limit for the tandem axle of a truck or trailer is 32000 lbs. Legislation has been proposed which would increase this limit to 44000 lbs. on the tandem axles of trucks hauling transit-mix concrete. Loads of this magnitude are far above those used in the design of city streets. It is not reasonable to raise our design standards to accommodate such loads. After some discussion, a motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", adopted Resolution No. 77-013 which opposes proposed legislation that will permit an increase in the legal load limit of trucks operating on city streets. Vol. 27, Page 129. AGENDA ITEM NO. 15. -CONSIDER. RESOLUTION CONCERNING FINANCING OF THE SOUTHWESTERN INSTITUTE OF FORENSIC SCIENCES CRIME LABAR.ATOR.Y. The following information was given to the City Council from the City Administration: The Dallas County Commissioners have notified the Mayors of all Dallas County cities announcing a new policy which involves charges for tests made in the Crime Lab effective March 1, 1977. A motion by Councilman Dodd, a second by Councilman Binford, all voting "aye", adopted Resolution No. 77-012 which opposes fees to be charged to cities for tests made in the Crime Lab that has been proposed the County of Dallas. AGENDA ITEM NO. 15.A. -CONSIDER. RESOLUTION REQUESTING THE U. S. POSTAL SERVICE TO REVISE THE ZIP CODE BOUNDARIES AND ESTABLISH INDEPENDENT POST OFFICE FOR. FARMERS BRANCH. Councilman Dodd requested that this item be placed on the agenda. Councilman Dodd read Resolution No. 77-014, which had been prepared by the City Administration for consideration, requesting help from Representative Collins, Senator Tower and Senator Bentsen to encourage the United States Postal Service to change the boundaries of zip code area 75234 to coincide with the city limits of Farmers Branch. After some discussion of making a change in the resolution to read "one or more zip codes" instead of "zip code area 75234", a motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", adopted Resolution No. 77-014 with the change as discussed. AGENDA ITEM NO. 16. -CONSIDER. AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR. FENCING MATERIALS. The following information was given to the City Council in a memo from the City Administration: Plans for the construction of two daylight 60 foot baseball-softball fields at Pepper Park are substantially complete. These fields will be back to back with concession and bleacher area, to provide adequate tournment type baseball-softball facilities. The estimated cost of fencing for the backstops and outfield fencing will be approximately $5, 000. A motion by Councilman Binford, a second by Councilman Dodd, all voting "aye", authorized the City Administration to advertise for bids for fencing materials for Pepper Park. Mr. Drew Humbert requested the city to spend the money for fixing the grounds for ball fields instead of buying fencing. Mr. John Glasschroeder stated he feels that lighting the fields is the most needed priority rather than the fencing. Vol. 27, Page 130. Mayor Grimmer asked if either one had made their desires known to the Sports Council and/or the Parks and Recreation Board. After more discussion of Mr. Humbert and Mr. Glasschroeder making their requests known to the Parksand Recreation Board, a motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", rescinded the action of the City Council on the previous motion of advertising for bids for fencing materials for Pepper Park; and, referred this question to the Parks and Recreation Board for their recommendation. AGENDA ITEM NO. 17. -DISCUSS CITY COUNCIL MEETING DATES FOR. MARCH. After discussion of the possibility of four members of the City Council attending the National League of Cities meeting in Washington during the time of the next regular Council meeting, a motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", set the date of March 21 as the only meeting date in the month of March. OTHER. COMMENTS. Mr. John Glasschroeder questioned the Athletic Facility Policy whereas in order to participate on Farmers Branch athletic fields, a player must live in, work in, go to school in, or go to church in Farmers Branch. Mr. Glasschroeder wanted to know how the city intends on enforcing this policy, at what point is an athletic organization in compliance, and does it have to be 10016 or what ? Mr. Drew Humbert also questioned the policy enforcement. The Council discussed with Mr. Glasschroeder and Mr. Humbert the procedure they are following at this time in regards to this policy. There was discussion among the Council members of requesting the Parks and Recreation Board to study this policy and recommend alternative solutions; Also the Administration to study the policy. AGENDA ITEM NO. 9. - ORDINANCE CORRECTION. Attorney Ray Hutchison informed the Council that in Agenda Item No. 9, the Ordinance No. 1128 adopted did not accomplish the items in the request of Mr. Salisbury. The ordinance adopted simply authorizes lawn mower repairs. Mr. Hutchison corrected the ordinance to accomplish the request of Mr. Salisbury. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", reconsidered and corrected Ordinance No. 1128. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", adopted the following captioned Ordinance No. 1128 as corrected: Vol. 27, Page 131. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH AS HERETOFORE AMENDED BY GRANTING A SPECIFIC USE PERMIT FOR. A LAWN MOWER. AND/OR. BICYCLE SALE, SERVICE AND REPAIR. SHOP AT 14000 JOSEY LANE IN A PLANNED DEVELOPMENT DISTRICT NO. 3 ALLOWING LR -2 USES; PROVIDING FOR. SPECIAL CONDITIONS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF $200. 00 FOR. EACH OFFENSE AND DECLARING AN EMERGENCY. 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 HAVE 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. 18. - EXECUTIVE SESSION a. Discuss Personnel Matters City Manager Paul West discussed the personnel procedure for the scheduling, lighting and maintenance of the athletic fields. d. Discuss Land Acquisition Attorney Ray Hutchison presented an offer from the Attorneys of Robert Moses for the 30' x 104' right-of-way needed for finishing the paving of Alpha Road. d. Discuss Pending and Contemplated Litigation City Manager Paul West gave a status report on the Water Rate Case. THE MEETING RECONVENED INTO GENERAL SESSION. "d. Action of Council on the discussion of Land Acquisition in Executive Session. A motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye", authorized the City Manager to execute such contracts that may be necessary to accomplish the offer of Robert Moses for the needed right-of-way for the paving on a portion of Alpha Road, as indicated in the letter dated February 11, 1977 from the attorneys of Robert Moses. AGENDA ITEM NO. 19. ADJOURNMENT. A motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", adjourned the City Council meeting of February 21, 1977 at 11:15 P.M.. Vol. 27, Page 132. Ma or Geor e G Grimmer City Secreta.r,y J Vol. 27, Page '133.