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1978-10-02 CC Minutesf CITY OF FAR4ERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING October 2, 1978 COUNCIL CHAMBER POLICE BUILDING All members of the City Council Mayor Mayor Pro Tem Councilmen: The following members City Manager City Attorney City Secretary Director of Staff Secretary were present: Bill Binford Ken Ouevreaux John Dodd Fred Johnson Pat Haggerty Gene Matthews of the City Administration were present: Paul M. West John Boyle J. W. Wade Services Glenn Moore Ruth Ann Parish Mayor Binford called the City Council meeting of October 2, 1978 to order at 7:30 P.M.. AGENDA ITEM NO. A.1-INVOCATION r. Joe Mosley, Pastor o the Valwood Park Baptist Church, gave the invocation. EMERGENCY ITEMS DECLARED. motion by Counci man Johnson, a second by Councilman Dodd, all voting "aye", declared an emergency and placed the following on the agenda for consideration: D.2-Consideration of a Resolution Providing Moratorium on Demolition Permits for Historical Structures; and, D.3-Consider Authorizing City Manager to Enter into Beautifica- tion Easement Agreement Between City and Corner Associates Limited. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES - SEPTEMBER 18, 1978 A motion by Councilman Dodd, a second by Councilman Ouzvreaux,allw dng "aye", approved as submitted the minutes of City Council meeting of September 18, 1978. MAYOR BINFORD ANNOUNCED THAT AGENDA ITEM NOS. C.5 AND C.6 RELATING TO THE HOKE SMITH DEVELOPMENT HAS BEEN WITHDR.A14N FROM THE AGENDA AT THE REOUEST OF THE DEVELOPER. AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AWARDS. Mayor Bi.n or presented a ive year service award to Nola Bauer of the Finance Department and a five year service award to Earnest Judkins of the Street Division for their employment with the city. Vol. 30, Page 1. AGENDA ITEM NO. C.1-PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR INDOOR COMMERCIAL AMUSEMENT USE IN AN LR-2 ZONING DISTRICT. REQUESTED BY POLAR BEAR- SHBURN S ICE CREAM PARLOR FOR THE PROPERTY LOCATED AT 13910 JOSEY LANE. Mayor Bin or opened the public hearing. Section 8-104 of the City Zoning Ordinance requires a Specific Use Permit for an indoor commercial amusement use in a LR-2 Zoning District. Polar Bear-Ashburn's Ice Cream Parlor, located at 13910 Josey Lane is within PD-3 which allows LR-2 uses. Polar Bear Ice Cream representatives would like to have one cocktail-table type game machine (coin operated) on the premises. A Specific Use Permit is required by the Zoning Ordinance. The Planning and Zoning Commission recommends that the Specific Use Permit be granted to allow one cocktail-table type game machine to be operated inside on the premises. Mrs. Carol Perrenoud, 13135 Glenside, owner of Polar Bear-Ashburns Ice Cream Parlor, presented the request for a Specific Use Permit to allow a cocktail table type game machine. Mrs. Perrenoud described the amusement device as being an electronic table TV top baseball game. The table game would be located along the south wall of the building and would be the same size as the other service tables in the parlor. Mrs. Perrenoud stated the game table would not create any noise or distracting lights. Mayor Binford asked if anyone else would like to speak regarding this request. The following spoke: Mr. Alvin Thomas, 2668 Leta Mae, questioned whether the request falls under the city ordinance regulating amusement devices of requiring the $100 permit fee. If so, is an additional fee charged when replaced by the same type of machine if repairs are needed to the original one installed. Mayor Binford informed that the request would follow the require- ments of the existing, ordinance. A discussion was held at this point by Mrs. Perrenoud relating to the replacement of the game with the same type of game in case repairs are needed. 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. A discussion followed by members of the City Council and Mrs. Perrenoud relating to the company that installed the device before receiving a permit and that this company was the same company that installed devices in the Straw Hat Pizza restaurant. Councilman Matthews requested the Administration to inform this company of the City's ordinance regulating the provisions for the installation of amusement devices. Vol. 30, Page 2. The members of the City Council discussed with Mrs. Perrenoud the advantages and disadvantages of allowing the amusement device in the ice cream parlor. Councilman Matthews made a motion to grant the Specific Use Permit by adopting Ordinance No. 1212. Councilman Dodd seconded the motion. The motion failed 3 to 2, with Councilmen Johnson, Ouevreaux and Haggerty voting "nay", and Councilman Matthews and Dodd voting "aye" AGENDA ITEM NO. C.2-CONSIDER A REQUEST FOR A CHANGE IN THE STREET LIGHTING POLICY OF THE CITY OF FARMERS BRANCH. The following information was given to the Council from a memo from the City Administration: Mrs. Alva Cartwright, 13236 Challaburton requested Council consideration of changing the present Street Lighting Policy to allow the erection of a street light in the alley behind her house. She is concerned about prowlers in the alley at night and requests the light to provide security lighting. No one was present in behalf of the request. The request, if allowed, would be contrary to the existing policy established for the installation of street lights. There being no one present in behalf of the request, Councilman Quevreaux made a motion that the Street Lighting Policy for the City of Farmers Branch not be changed. Councilman Dodd seconded the motion, and all voted "aye". t AGENDA ITEM NO. C.3-CONSIDER REOUEST FOR SITE PLAN APPROVAL. .....vuvi L(11LVL 1 V1t 111E 11t\11 L1\11 LVVC111liL VL@ [3 1 VV1\ ACRE TRACT AT THE SOUTHWEST CORNER OF VALLEY VIEW LANE AND NICHOLSON ROAD. Mayor Binford explained the request for site plan approval requested by W. A. Tayloe for the property located on a 'four acre tract at the southwest corner of Valley View Lane and Nicholson Road. The property is located within PD-22. The site plan presented to the Council on September 5, 1978 which was denied by the Council proposed a building along the west side of the property and variances requested from setback requirements-aiong'Valley--View Lane and side yard require- ment established by the PD-22 Standards. Mr. Tayloe has prepared a new site plan for consideration and approval. The site plan proposes the location of a building along the east side of the property. Mr. Tayloe proposes to construct the building along the future east property line. Mr. Tayloe is requesting variances from the PD-22 Standards which proposes a zero setback along Nicholson Road which will not allow for landscape requirements along Nicholson Road. The Planning and Zoning Commission recommended that the site plan not be approved. No one was present to represent the request. Vol. 30, Page 3. A motion by Councilman Haggerty, a second by Councilman Quevreaux, all voting "aye", denied the request for site plan approval requested by W. A. Tayloe. AGENDA ITEM NO. C.4-CONSIDER REQUEST FOR AMENDED SITE PLAN APPROVAL OF THE PD-18 AREA. BROOKHAVEN HOSPITAL). Mayor Binford gave the following information from a memo to the City Council from the City Administration: Brookhaven Hospital would like to construct a temporary parking area south of the Hospital building. The property is within PD-18 Zoning District and a site plan has previously been approved for the area. The approved site plan establishes the use for the property immediately south of Brookhaven Hospital for a 3-story office building and a permanent parking lot to serve the office building. Brookhaven Hospital would like to amend the site plan to allow a temporary parking lot to be constructed in the same location as the area approved for the permanent parking lot for the future 3-story building. Brookhaven Hospital representatives have stated that they plan to use the temporary parking lot for a 9-month period. The Planning and Zoning Commission recommends that the approved site plan be amended to allow a temporary parking lot with the condition that at the end of June, 1979, the parking lot will be made to conform with all current city parking lot standards. Mr. Ray DeBlasi was present and explained the request. He stated that there is not adequate parking at the hospital and currently all the land is being used that is owned by Farmers Branch Hospital Authority. He stated that the hospital can lease that land from Brookhaven Medical Services Corporation for a period of 9 months, not to exceed June 30, 1979. Mr. DeBlasi stated that the Hospital Authority is trying to acquire some land and if so, can be developed in accordance with the city's codes and ordinances. The temporary parking lot is to be located in the parking lot of the future Phase III Office Plaza Building. The temporary parking lot is to be constructed of limestone rock and gravel which can serve as a base for the future permanent parking lot. Following a discussion of exact location; time period of the temporary lot; access to and from the lot, a motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", approved the site plan as amended to provide the temporary parking lot as requested by Brookhaven Hospital, with the condition that at the end of June, 1979, the parking lot is to conform with city standards and if not, it is to be abandoned. AGENDA ITEM NO. C.5-CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A D L PER CONTRACT BETTAIEEN THE HOKE SMITH DEVELOPMENT COMPANY AND THE CITY OF FARMERS BRANCH, AND ACCEPT A HOLD HARM- LESS AGREEMENT. This item was withdrawn from the agenda at the request of the developer. AGENDA ITEM NO. C.6-CONSIDER REQUEST FOR REPLAT APPROVAL. This item was withdrawn from the agenda at the request of the developer. Vol. 30, Page 4. AGENDA ITEM NO. D.1-CONSIDER REQUEST OF TML REGION 13 TO ADOPT RESOLUTION OPPOSING THE REMOVAL OF THE TAX EXEMPT STATUS FROM MUNICIPAL BONDS. Mayor Binford explained that he had presented a resolution to TML Region 13 opposing the removal of the tax exempt status from municipal bonds and had asked that all the cities in the region consider supporting the opposition. He stated that it is the intent to present this resolution to the annual TML Confer- ence in October. r. A motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", approved to support the resolution passed by TML Region 13 opposing the removal of the tax exempt status from municipal bonds. AGENDA ITEM NO. D. 2-CONSIDERATION OF A RESOLUTION PROVIDING MORATORIUM ON DEMOLITION PERMITS FOR HISTORICAL STRUCTURES. Mayor Bi.n or state that Resolution No. 78- being presented for consideration will declare a temporary moratorium prohibiting the issuance of a building permit to demolish or substantially reconstruct a large barn at the northwest corner of Gardenbrook Drive and Marsh Lane. The City Council is concerned that a number of structures in the city may be considered as historical or cultural sites and may be demolished in the near future before the city can evaluate to see if that are of historical or cultural nature. Following a discussion that the property owners of the specific property in question were not notified of this consideration before the Council, Councilman Matthews made a motion to adopt Resolution No. 78-023 and that the date of October 16, 1978 be inserted in Section 4 for the date the City Manager is to submit a report to the Council relating to the designation of historical sites. Councilman Ouevreaux seconded the motion. The motion carried 4 to 1 with Councilmen Matthews, Quevreaux, Dodd, and Johnson voting "aye", and Councilman Haggerty voting "nay". Councilman Haggerty voted nay because he objected of action being taken concerning property when the property owner was not aware of any consideration about his property. AGENDA ITEM NO. D.3-CONSIDER AUTHORIZING CITY 14ANAGER TO ENTER INTO BEAUTIFICATION EASEMENT AGREEMENT BETWEEN CITY AND CORNER Shopping Center. This shopping center is an integral part of the Valley View-Josey Lane Beautification Project. Corner Associates Limited will commit $11,100.00 over the next five years. ASSOCIATES LIMITED. The Council reviewed an agreement that will commit the Corner Associates Limited to the joint development and beautification of their property along Valley View, across the Farmers Branch A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", authorized the City Manager to enter into the Beautification Easement Agreement between the City and Corner Associates Limited. Vol. 30, Page 5. AGENDA ITEM NO. E.1-CONSIDER AWARDING THE BIDS FOR LIMESTONE SCREENINGS FOR BACKFILL MATERIAL. The Council reviewed our bids received for the limestone screenings/ backfill material. Vulcan Materials Company submitted the best and lowest bid in the amount of $4.43 per ton for a total amount of $88,600.00 for 20,000 tons. After some consideration, a motion by Councilman Johnson, a second by Councilman Haggerty, all voting "aye", awarded the bid to Vulcan Materials Company in the amount of $4.43 per ton for a total of $88,600.00 for limestone screenings/backfill material. MAYOR BINFORD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAD BEEN CONCLUDED. AFTER A SHORT RECESS THE COUNCIL WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDED THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION, AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. FA-EXECUTIVE SESSION. a. Discuss Personnel Matters There was discussion of the Council inviting the various advisory boards, one at a time, to the Pre-Council Meeting for discussion of responsibilities and to get better acquainted with the board members. There was a dicussion of possibly initiating a policy for notifying property owners when their property is involved in consideration and action by the Council. c. Discuss Land Acquisition Land Acquisition for needed right of way for the completion of Midway Road was discussed. THE MEETING 1,7AS RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. F.2-ACTION OF PERSONNEL MATTERS DISCUSSED IN EXECUTIVE SESSION. After some iscussion with reference to Agenda Item No. D.2, Councilman Johnson made a motion instructing the City Manager to notify the property owners of the property at the corner of Gardenbrook Drive and Marsh Lane as to the moratorium that has been imposed. Councilman Haggerty asked to amend the motion that in the future the City Manager be instructed to contact property owners when specific property is going to be substantially affected by action of the Council. After more discussion, Councilman Johnson would not accept the amendment. Councilman Dodd seconded the motion, and all voted "aye" Vol. 30, Page 6. AGENDA ITEM NO. F.3 AND F.4. No action was needed or items discussed in the Executive Session. AGENDA ITEM NO. G.1-ADJOURNMENT. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", adjourned the City Council meeting of October 2, 1978 at 8:25. 141rIz. " A!~-~ ayor Bi in Citecretary 1 Vol. 30, Page 7.