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1978-10-16 CC MinutesJ 1 CITY OF FARMFR.S BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING October 16, 1978 COUNCIL CHAMBER POLICE. BUILDING The following members of the City Council were present: Mayor Bill Binford Mayor Pro Tem Ken Quevreaux Councilmen: John Dodd Fred Johnson Pat Haggerty The following member of the City Council was absent: Councilman Gene Matthews The absence of Councilman Matthews was recognized and excused since he was out of the city on business. The following members of the City Administration were present: City Manager Paul M. West City Attorney John Boyle City Secretary J. W. Wade Director of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Binford called the City Council meeting of October 16, 1978 to order at 7:30 P.M.. AGENDA ITEM NO. A.1-INVOCATION Dr. Joe Mosley, Pastor o the Valwood Park Baptist Church, gave the invocation. EMERGENCY ITEMS DECLARED. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", declared an emergency and placed the following on the agenda for consideration: C.7-Consider Request to Discuss a Temporary Certificate of Occupancy and a Specific Use Permit at 14440 Josey Lane for Sunset Pizza's. Requested by James Childers. MAYOR BINFORD ANNOUNCED THAT AGENDA ITEM NO. E.1-CONSIDER AWARDING THE BID FOR LIMESTONE SCREENINGS FOR BACKFILL MATERIAL- HAS BEEN REMOVED FROM THE AGENDA BECAUSE THE ITEM WNS TN ' ERROR. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES - OCTOBER 2, 1978 A ter some consideration, Councilman Quevreaux made a motion to approve the minutes of the City Council meeting of October 2, 1978 as was submitted. Councilman Haggerty seconded the motion. The motion carried 3 to 1 with Councilmen Quevreaux, Haggerty and Johnson voting "aye" and Councilman Dodd voting "nay". Councilman Dodd opposed because of a misunderstanding in the action taken by the Council in Agenda Item No. D.2-A Resolution Providing Moratorium on Demolition Permits for Historical Structures. Vol. 30, Page 8. AGENDA ITEM NO. B.1-PRESENTATION TO BARNEY WOOD FOR RECEIVING OUTSTANDING INDIVIDUAL AWARD BY THE TEXAS RECREATION AND PARK SOCIETY. Mayor Binford proclaimed October 21, 1978 as Barney Wood Day in Farmers Branch for his service and involvement in youth activities for many years in Farmers Branch; and has been recognized by the Texas Recreation and Park Society for outstanding community service with the Individual Award. Mr. Wood was present and accepted the framed proclamation with gratitude. A reception will be held at the Community Building on Don Showman Park from 7:30 P.M. to 8:30 P.M. on October 21, 1978 in honor of Barney Wood. AGENDA ITEM NO. B.2-PRESENTATION OF SERVICE AWARD Mayor Bin or presented a ten year service award to Dee Kennedy of the City Administration Department for employment with the City. AGENDA ITEM C.1-PUBLIC HEARING: TO DETERMINE WHETHER THE ZONING ORDINANCE SHOULD BE AMENDED TO PLACE COMMERCIAL EMBALMER IN THE USE CHARTS AS AN ALLOWABLE USE WITH A SPECIFIC USE PERMIT. Mayor Bi.n or opened the public hearing. Mr. A Gray, a commercial embalmer, has requested the City to place the use "Commercial Embalmer" in the use charts. The City's Zoning Ordinance does not specifically list commercial embalmer. The Zoning Ordinance does list mortuary or funeral parlor as an allowable use in LR-2, C, LI, HI, and PD zoning districts; and as an allowable use in Office and LR-1 zoning districts with a Specific Use Permit. The Planning and Zoning Commission held a public hearing and recommended that the Zoning Ordinance be amended to place the use "Commercial Embalmer", in the use charts as an allowable use with a Specific Use Permit in Planned Development Zoning Districts allowing LI and HI uses and be prohibited from all other zoning diatricts of the City. The Commission recommended that the use "Commercial Embalmer" be defined as follows: "A comercial embalmer is one who embalms for licensed funeral establishments and does not sell any service or merchandise directly or at retail to the public and shall otherwise meet the requirements of a licensed embalmer." Information submitted to the Planning and Zoning Commission indicated that a commercial embalmer is one who embalms bodies but does not do cosmetic work or conduct services normally offered by funeral homes or mortuarys. No one was present to speak in behalf of the consideration or in opposition. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", closed the public hearing. The Council held a discussion as to whether there was a demand for the services of a commercial embalmer since the funeral homes in the area does their own embalming. Vol. 30, Page 9. Councilman Johnson made a motion that the use of Commercial Embalmer not be included in the use charts of the Zoning Ordinance under the Planned Development areas. Councilman Dodd seconded the motion, and all voted "aye". AGENDA ITEM NO. C.2-CONSIDER REQUEST FOR TEMPORARY USE FOR CIVIC OR PHILANTHROPIC NATURE. REQUESTED BY THE NORTHWEST DALLAS COUNTY SERVICE CENTER. Mayor Bin or gave t e following information from a memo to the City Council from the City Administration: Section 8-102 of the City's Zoning Ordinance allows a temporary use of civic or philan- thropic nature to be conducted in any zoning district of the city upon resolution of the City Council. In August of 1977, the City Council approved Resolution No. 77-027 to allow the North- west Dallas County Service Center and Truth House Inc. to occupy a portion of the Special Care School located at 3030 Fyke Road for the purpose of special counseling until August 15, 1978. The time limit established by the resolution has expired. Northwest Dallas County Service Center is requesting that their use of the Special Care School property be approved by the City Council for an indefinite period of time. Mrs. Carol Dingman, 3605 Tanglewood Circle, president of the North- west Dallas County Service Center, was present in behalf of the request. Mayor Binford advised that in order for the use to be secured for an indefinite time, the process of applying for a permanent Specific Use Permit would have to be followed. Mrs. Dingman explained the operation of the Center and of future plans for possible expansion for another room in the Special Care School. After some discussion between Mrs. Dingman and the City Council relating to a two year extension period, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", approved the temporary Civic and Philanthropic Use requested by the Northwest Dallas County Service Center until August 15, 1980 and directed the City Administration to prepare the appropriate resolution. AGENDA ITEM NO. C.3-CONSIDER REQUEST FOR SITE PLAN APPROVAL. REQUESTED BY DAVID BLAIR FOR THE PROPERTY LOCATED AT 2241 VALWUUD FAKKWAY IN THE PD-LL ZONING lliS`1'KiUT. Mayor Bin or gave the following info mation from a memo to the City Council from the City Administration: David Blair is currently constructing a building at 2241 Valwood Parkway. The property is within PD-22. Mr. Blair would like to increase the size of his facility by adding additional office and warehouse space. The proposed addition will approximately double the existing building area. Mr. Blair has submitted a revised site plan showing additional building area and parking. The new site plan is in conflict with the PD-22 standards in two areas. Vol. 30, Page 10. 1. PD-22 standards state that along major streets, no paving shall be permitted forward of the building setback line, except where such street has land- scaped medians of at least 50' in width. Valwood Parkway at this location does not have a landscaped median of a least 50' in width. The new site plan does indicate a paved area in front of the 50' building setback line. 2. PD-22 standards required landscape plan to be sub- mitted for each site. The landscape plan for the revised site plan has not been submitted. Pd-22 standards states that variances to the development standards may be requested by the Developer and the variances shall be considered as a part of site plan approval. The Planning and Zoning Commission recommends that the site plan be approved with the condition that Mr. Blair prior to occupying the buildings, submit a landscape plan, including a berm system and shrubbery to screen the paved area in front of the 50' building setback line, for approval. Mrs. David Blair was present in behalf of the request and stated that the recommendation of the Planning and Zoning Commission would be agreeable with Mr. Blair. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", approved the site plan as recommended by the Planning and Zoning Commission with the condition that Mr. Blair prior to occupying the buildings, submit a landscape plan, including a berm system and shrubbery to screen the paved area in front of the 50' building setback line. AGENDA ITEM NO. C.4-CONSIDER A SPECIFIC USE PERMIT FOR OUTSIDE NURSERY SALES IN A PD-1 (0, LI ZONIPIG DISTRICT. REOUESTED BY Mayor Binford gave the following information from avmemo to the City Council from the City Administration: On July 17, 1978, the Treasury requested a Specific Use Permit to conduct outside nursery sales on their property at Midway Road and LBJ. The Treasury store plans to fence the area at the southeast corner of their building to enclose the outside nursery sales stock. The outside sales area was to be enclosed with an 8' high chain link fence. The item was tabled to allow Mr. Neilson, the store manager, to consider an alternate fencing plan. Mr. Neilson has submitted a revised fencing plan indicating a chain link fence with redwood slats inserted in the fence. Vol. 30, Page 11. Mr. Bob Neilson, manager of the Treasury store, presented the w revised site plan. Mr. Neilson stated that the building is built of concrete blocks painted brown and is not of brick as thought. He stated the chain link fence was designed with decorative redwood slats by the company's architect. There was discussion between some of the members of the City Council and Mr. Neilson regarding the construction of a fence with some other material than chain link. Mr. Neilson stated he would go back to the architect and see if a fence could be designed in some other material that would go with the decor of the building. Councilman Dodd made a motion to table this item. Councilman Johnson seconded the motion. The motion carried 3 to 1 with Councilmen Dodd, Johnson and Quevreaux voting "aye", and Councilman Haggerty voting "nay". AGENDA ITEM NO. C.5-CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A DEVELOPER'S CONTRACT BETWEEN THE HOKE SMITH DEVELOPMENT COMPANY AND THE CITY OF FARMERS BRANCH, AND ACCEPT A HOLD HARMLESS AGREE- MENT. TT_eCity Council reviewed a Developer's Contract that provides for the installation of all required public improvements for a part of Block 7, Brookhaven Business Park, Phase II, (Hoke Smith Develop- ment Addition) to the City of Farmers Branch, in accordance with the current Subdivision Ordinance. This land is being platted, and public improvements will be installed according to the pro- visions of this contract, before issuance of a Certificate of Occupancy. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", authorized the City Manager to sign a Developer's Contract between the Hoke Smith Development Company and the City of Farmers Branch, and accepted a hold harmless agreement. AGENDA ITEM NO. C.6-CON8IDER REQUEST FOR FINAL PLAT APPROVAL OF THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF MARSH LANE AND BELT LINE ROAD. REQUESTED BY HOKE SMITH DEVELOPMENT COMPANY. Mayor Bin or gave the o owing information rom a memo to the City Council from the Administration: The Hoke Smith Development Company's property is zoned PD-23. Site Plan approval has been obtained for the property. A plat of the property has been sub- mitted in order to create building sites and to divide the pro- perty into three tracts. One tract for a large retail building, one tract for a Ron's Crispy Fried Chicken Restaurant, and the third tract, Mr. Hoke Smith states, will be used for a Savings and Loan site. Building permits have only been submitted for the Ron's Crispy Fried Chicken Restaurant. The plat complies with the City Subdivision Ordinance requirements for plat approval. The Planning and Zoning Commission recommended that the plat be approved. Vol. 30, Page 12. After some consideration, Councilman Dodd made a motion to approve the final plat submitted by the Hoke Smith Development Company for the property located at the southwest corner of Marsh Lane and Belt Line Road. Councilman Johnson seconded the motion. The motion carried 3 to 1 with Councilmen Dodd, Johnson and Haggerty voting "aye", and Councilman Quevreaux voting "nay". AGENDA ITEM NO. C.7-CONSIDER REQUEST TO DISCUSS A TEMPORARY CERTIFICATE OF OCCUPANCY AND A SPECIFIC USE PERMIT AT 14440 JOSEY LANE FOR SUNSET PIZZA'S. REQUESTED BY JAMES CHILDERS. Mayor Binford gave the following information from a memo to the City Council from the Administration: The property at 14440 Josey Lane is in an LR-2 Zoning District. The property is managed by Henry S. Miller Company. The last tenant in the property was Mama Mia's Pizza Restaurant. Mama Mia's vacated the property on November 3, 1977. Mr. James Childers has applied for a Certifi- cate of Occupancy to operate a Pizza Restaurant at 14440 Josey Lane. The Zoning Ordinance was amended on May 15, 1978, to require a Specific Use Permit for a restaurant in an LR-2 Zoning District. Mr. Childers has applied for the Specific Use Permit. Mr. Childers has applied for a temporary Certificate of Occupancy, so that electrical power can be connected to the building, and remodeling work can begin. A request for temporary Certificate of Occupancy was denied. Mr. Childers would like to open his restaurant the lst of November, and feels that any delay will be costly. City Manager Paul West stated that the temporary Certificate of Occupancy was not issued because of the property not being properly zoned. Mr. West stated that Mr. Childers would be taking a financial risk in repairing and remodeling expense if the property was, not approved a Specific Use Permit. Mr. Childers presented his request for the temporary Certificate of Occupancy in order to have electrical power while making repairs and remodeling improvements to the building. Mr. Childers stated that he feels the zoning of the Specific Use Permit on the property will not be difficult to secure since the previous tenant was a pizza restaurant. There followed a discussion between members of the City Council., the City Attorney and Mr. Childers relating to the procedure of public hearings for a Specific Use Permit, time requirement of applying for a Specific Use Permit, and the type of remodeling being done, and of the risk factor of the temporary Certificate of Occupancy. City Manager Paul West stated that there is no problem on issuing a temporary Certificate of Occupancy as long as the applicant and the City Council realizes that the applicant is taking a risk and willing to assume the loss if the Specific Use Permit is not granted. Vol. 30, Page 13. i 1 After more discussion, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", instructed the City Manager to allow Mr. Childers to obtain a temporary building permit and instructed that Mr. Childers apply and follow the proper procedures in obtaining a Specific Use Permit. AGENDA ITEM NO. D.1-CONSIDER REPORT ON RESOLUTION NO. 78-023. MARSH LANE BARN AND OTHER HISTORICAL SITES Mayor Bin ord state that the Counci a received a report concerning possible uses of the Oakbrook Barn and outlining other historical sites. After reviewing the report, Councilman Dodd pointed out that the moratorium placed at the last council meeting is in effect on the barn until the City Council takes action to remove it. Mr. Dodd stated that he feels the report did not indicate that there was enough history on the barn to declare it a historical site. Mr. William Creasey with Coke and Coke law firm, representing the property owners of the property where the barn is located was present. After more discussion, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", removed the moratorium prohibiting the issuance of a building permit to demolish or substantially reconstruct a large barn located on a tract of property that is situated on the northwest corner of Gardenbrook Drive and Marsh Lane, said tract of property containing approxi- mately 7 acres. AGENDA ITEM NO. D.2-CONSIDER RESOLUTION RECOMMENDING CHANGES IN THE WORKMEN'S COMPENSATION LAW. Councilman Dodd requested that this item be placed on the agenda for consideration. After some discussion, a motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", adopted Resolution No. 78- 024 proposing the passage of State Legislation which will pro- vide that any employee released from his or her job because of disciplinary reasons or voluntary resignation not be entitled to any financial benefits under the law. And that such legislation stop payments to all recipients at such time that person has refused to accept a job. Councilman Dodd stated that the passage and enforcement of this legislation will result in savings of tax dollars for all State, County, and City governments. AGENDA ITEM NO. D.3-CONSIDER ORDINANCE NO. 1212, AMENDING ARTICLE 35 OF THE 1976 EDITION OF THE UNIFORM FIRE CODE. Mayor Bin or explained that Ordinance No. 1212 proposed amendments that will make the section of the Fire Code dealing with "high piled combustible stock" more compatible with National codes, area City codes, and State Board of Insurance requirements. These changes will provide adequate fire safety regulations for these occupancies. Vol. 30, Page 14. After some consideration, a motion by Councilman Johnson, a second by Councilman Ouevreaux, all voting "aye", adopted the following captioned Ordinance No. 1212: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE 1976 EDITION OF THE UNIFORM FIRE CODE, ALSO, KNOWN AS THE FIRE CODE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED; BY AMENDING ARTICLE 35, FIRE CODE; BY AMENDING SECTIONS 35.102(a), 35.103(b), 35.105(a), 35.105(b), 35,105(d), 35.105(e), 35.106(a), 35.106(c), 35.107(a), 35.107(b), 35.108, 35.110, BY ADDING SECTION 35.111; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR INJUNCTION RELIEF, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE, AND DECLARING AN EMERGENCY. AGENDA ITEM NO. D.4-CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO A SANITARY LANDFILL AGREEMENT WITH THE CITY OF LEWISVILLE. The uncil reviewed a sanitary landfill agreement with the City of Lewisville. City Manager Paul West explained that the agreement contains the changes in wording and clarification desired by the City Manager and City Attorney of Lewisville from those contained in a previous draft submitted approximately one year ago. The agreement was reviewed by the staff and City Attorney of Farmers Branch and is believed to be a fair and workable agreement. Conver- sation with the City Manager of Lewisville indicated that there is possibility the Lewisville City Council is considering approval of this agreement this night. The agreement basically provides that the City of Farmers Branch will obtain and operate a sanitary landfill in the City of Lewisville; provided the securing of a landfill permit from the State is successful. The agreement pro- vides sanitary landfill service to the City of Lewisville for a period of time not less than 20 years at a charge of direct cost plus 15%. The agreement provides that the City of Lewisville will support the application for the landfill permit, approve the site plan and zoning of the property for the use. After some discussion, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", authorized the City Manager to enter into a sanitary landfill agreement with the City of Lewisville. AGENDA ITEM NO. E.1 -CONSIDER AWARDING THE BID FOR LIMESTONE SCREENINGS FOR BACKFILL MATERIAL. This item was removed for it was placed on the agenda in error. Vol. 30, Page 15, AGENDA ITEM NO. E.2-CONSIDER AUTHORIZING THE CITY TO ADVERTISE FOR BIDS FOR FERTILIZER MATERIAL. A motion by Counci man Haggerty, a second by Councilman Quevreaux, all voting "aye", authorized the advertisement for bids for fertilizer material for turf and trees in the city. MAYOR BBlNFO.RA 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. F.1-EXECUTIVE SESSION. a. Discuss Personnel Matters There was no discussion on Personnel Matters. b. Discuss Pending and Contemplated Litigation There was no discussion on pending or contemplated litigation. c. Discuss Land Acquisition Possible historical sites were discussed. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEMS F.1, F.2, F.3 and F.4 No action was needed or items iscussed in the Executive Session. AGENDA ITEM NO. G.1-ADJOURNMENT A motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", adjourned the City Council meeting of October 16, 1978 at 9:00 P.M.. ayor i Bi r K, C City ecretary Vol. 30, Page 16.