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1979-01-15 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING JANUARY 15, 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 Attorney City Secretary Director of Staff Services Secretary Council were present: Bill Binford •Ken Ouevreaux John Dodd Fred Johnson Pat Haggerty Gene Matthews Administration were present: Paul M. West John Boyle J. W. Wade Glenn Moore Ruth Ann Parish Mayor Binford called the City Council meeting of January 15, 1979 to order at 7:30 P.M.. AGENDA ITEM NO. A.1-INVOCATION Brother A Glenn, Minister of-Education of the First Baptist Church in Farmers Branch, gave the invocation. DECLARING AN EMERGENCY AND PLACING ITEM ON AGENDA. A ter some consideration, a motion by Councilman Johnson, a second by Councilman Dodd, all voting; "aye", declared an emergency and placed on the agenda as Item No. E.8-Consider Authorizing the Advertisement for Bids for Subg;rade Stabilization Materials. AGENDA ITEM NO. A.2-MINUTES OF MEETING OF DECEMBER 18, 1978. After some discussion, a motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", approved the minutes of the Council meeting of December 18, 1978 with an addition on Vol.30, Page 61 under F.I. Add to the first paragraph: Councilman Dodd was going to leave the meeting at 8:00 P.M. because of illness. AGENDA ITEM NO. B.1-PRESENTATION OF BEAUTIFICATION AWARD TO CITY OF FARMERS BRANCH BY THE DALLAS MEN'S GARDEN CLUB. Mr. Harol Williams, an employee o Farmers Branch and a member of the Dallas Men's Garden Club, presented an award to the City for its beautification efforts in the community tree planting program, median beautification, and general park improvements during the year of 1978. Vo1.30, Page 65. AGENDA ITEM NO. B.2-CONSIDER RESGIUTION COMMENDING CITY OF FARMERS BRANCH EMPLOYEES ON HANDLING THE EMERGENCY SITUATIONS DURING THE ICE STORM. A er some consideration, a motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", adopted Resolution No. 79- 001 which commends the citizens and employees of the City of Farmers Branch for their patience, endurance and ingenuity in meeting the demands of the December, 1978, ice storm. AGENDA ITEM NO. C.1-CONSIDER REQUEST FOR SE14ER LINE EASEMENT FROM CONNELL DEVELOPMENT COMPANY. Mayor Bin ford gave the following information from a memo to the Council from the Administration: The City of Carrollton, to pro- vide sanitary sewer service to the Lacy/Connell tract, would have required a sanitary sewer easement across property owned by the City of Farmers Branch to get to the T.R.A. sewer main. Mayor Binford stated that the Administrations of the cities of Farmers Branch and Carrollton have been working toward an agree- ment to swap a portion of the Hunt Oil Company property for the Lacy/Connell tract and some other additional properties adjacent to it. This proposed land swap would allow the City of Farmers Branch to provide water and sanitary sewer services to the Lacy/ Connell tract. No agreement has met the approval of both cities. After some discussion of continued efforts towards the land swap, a motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", tabled this item for further study. AGENDA ITEM NO. C.2-PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR A NON-DRIVE IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF VALLEY VIEW LANE APPROXIMATELY 7 WEST OF IH- E AND ALSO KNOWN AS LOT B, BLOCK , VALLEY VIEW PLACE ADDITION, FIRST INSTALLMENT. REQUESTED BY THE OMELET SHOPPZ. Mayor Bi.n or opened the public earing. T e Zoning Ordinance requires a Specific Use Permit to locate a restaurant in a Light Industrial or Commercial Zoning District of the City. The Omelet Shoppe, Inc. would like to locate a restaurant along the north side of Valley View Lane approximately 175' west of Stemmons. The site is immediately west of the Mobil Service Station at the northwest corner of Valley View Lane and IH-35E. The Omelet Shoppe has submitted a site plan of their proposed faci- lity. The building is approximately 23' wide and 95' long. The building sits perpendicular to Valley View Lane. The building seats 49 people and it will be a 24-hour operation. Mr. Casey Lawler was present representing the request for the Omelet Shoppe. Mr. Lawler presented a revised site plan and a brochure of the proposed Omelet Shoppe. The Planning and Zoning Commission recommended that the Specific Use Permit be approved with the following conditions: Vol. 30, Page 66. 1. The mansard roof canopy to extend completely around the building. 2. The can wash area to be fenced and screened. 3. Exhaust fans to be roof mounted type. 4. All outside storage and service areas including refuse container to be screened from view. 5. Traffic flow plan including the access easement along the west property line to be submitted to the City Administration for approval. 6. A landscaping plan to be submitted to the City Admin- istration for approval. Mr. Lawler stated that they were agreeable with the conditions recommended by the Planning and Zoning Commission and the revised site plan reflected these conditions. Mayor Binford asked if there was anyone else that wished to speak in favor or in opposition to the request. The following spoke. Mr. Wayne Claycomb, representing the Baptist Foundation, spoke in favor of the request. Mr. Claycomb pointed out that an access easement had been Provided going north from Valley View along the east property line of the Omelet Shoppe to the proposed LaOuinta Inn facility. The access easement would line up with the left turn lane in the median of Valley View Lane. There being no one else wishing to speak, a motion by Councilman Ouevreaux, a second by Councilman Dodd, all voting "aye", closed the Public hearing. A discussion was held between members of the Citv Council and Mr. Lawley relating to the operation of the facility- volume of business prediction, hours of operation, employee training program, traffic flows, the firelane easement mentioned by Mr. Claycomb, and the estimated cost of the building and equipment. Following; the discussion, a motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", adopted the following captioned Ordinance No. 1229 as recommended by the Planning and Zoning Commission with the six conditions listed above: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED SO AS TO GRANT A SPECIFIC USE PERMIT FOR A NON DRIVE- IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW IN A COMMER- CIAL (C) ZONING DISTRICT; PROVIDING FOR CONDITIONS OF DEVELOPMENT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. Vol. 30, Page 67. AGENDA ITEM NO. C.3-PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR A NON DRIVE-IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW IN A LIGHT INDUSTRIAL ZONING DISTRICT. RF.OUESTED BY LAOUINTA MOTOR INNS INC. FOR THE 2.8809 ACRE TRACT LOCATED WEST OF IH E APPROXIMATELY 7 FEET NORTH OF VALLEY VIEW LANE. Mayor Binford opened the public hearing. A LaOuinta Motor Inn is planned along the west side of IH35E. The site is between the existing Mobil Service Station and the Ramada Inn. A JoJo's Restaurant will be constructed in conjunction with the LaOuinta Motor Inn. LaOuinta Motor Inns, Inc. will own the property and lease to the restaurant. The City's Zoning Ordinance requires a Specific Use Permit to operate a restaurant in a LI or C zoning district. A site plan showing the motel location and the restaur- ant location has been submitted. The site plan complies with the zoning requirements such as parking, building location, setbacks, etc. The Planning and Zoning Commission recommends that the Specific Use Permit be approved with the following condition: 1. That a site plan showing refuse collection be sub- mitted for approval by the City Administration. 2. A site plan be submitted to the City Administration for approval showing traffic flow and access. The plan to include the access easement to Valley View Lane. 3. All vent fans to be roof mounted type. 4. Can wash and refuse areas to be screened. Mr. Delbert Westfall, architect for LaOuinta Motor Inns, presented the request for a JoJo's restaurant. He explained that the motor inn and restaurant will be owned by LaOuinta; the restaurant area would be leased to JoJo's. Mayor Binford asked it th in favor or in opposition Mr. Wayne Claycomb, in favor of the request. easement from Valley View to LaOuinta. are was anyone else that wished to sneak to the request. The following spoke: representing the Baptist Foundation, spoke Mr. Claycomb spoke relating to an access Lane to this site that will be granted There being no one else wishing to speak, a motion by Councilman Dodd, a second by Councilman Ouevreaux, all voting "aye", closed the public hearing. A discussion was held between members of the City Council and Mr. Westfall relating to the anticipated business volume, egress and ingress to the property, and estimated costs of the building and equipment; and whether there would be future possibility of requesting a private club. Mr. Westfall stated that to the best of his knowledge a request for a private club was not planned. Vol. 30, Page 68. Following the discussion, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", adopted the following captioned Ordinance No. 1230 as recommended by the Planning and Zoning Commission with the 4 conditions listed on the previous page. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED SO AS TO GRANT A SPECIFIC USE PERMIT FOR A NON DRIVE- IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW IN A CO11MER- CIAL ZONING DISTRICT; PROVIDING FOR CONDITIONS OF DEVELOPMENT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; DECLARING AN EMERGENCY. AGENDA ITEM NO. C.4-PUBLIC HEARING: CONSIDER AMENDING THE COMPRE- HENSIVE ZONING ORDINANCE BY ADDING SECTION 8-800 WHICH ESTABLISHES PROVISIONS FOR DESIGNATION AND REGULATION OF HISTORIC LANDMARKS IN THE CITY. Mayor Bin ord opened the public hearing. An amendment to the Zoning Ordinance has been proposed that will provide for designating and regulating historical landmark sites. The proposed amendment creates a Historic Landmark Preservation Committee, establishes criteria for determining historical landmarks, establishes a procedure of public hearings for declaring historical landmarks, and provides for the removal, demolition and maintenance of historical landmarks. The proposed amendment Ordinance No. 1225 establishes the Planning and Zoning Commission as the Historic Landmark Preservation Committee. The Planning and Zoning Commission recommended that the proposed zoning ordinance amendment be adopted with one change. Article 8-805 be amended to read: The City Council shall appoint a Historical Landmark Preservation Committee (The Planning and Zoning Commission not be designated as the Historic Landmark Preservation Committee). There being no one in the audience wishing to speak on this consideration, a motion by Councilman Matthews, a second by Councilman Haggerty, all voting "aye", closed the public hearing. There was discussion among the members of the Council opposing the Planning and Zoning Commission being designated the Historical Committee. There was discussion of establishing a Historical Land- mark Preservation Committee for the period of 6 months or one year. This committee would investigate and determine as to what they conclude to be historical landmarks. Then present the information to the Planning and Zoning Commission for their recommendation to the City Council. Councilman Dodd made a motion to approve Ordinance No. 1225, as recommended by the City Staff with the flexibility of the Mayor and/or City Council appointing a committee so titled "Historical Preservation Committee for the period of one year to make recommendations to the Planning and Zoning Commission. Vol.30, Page 69. The motion died for the lack of a second. City Attorney John Boyle pointed out that Ordinance No. 1225 as structured is strictly an amendment to the Zoning Ordinance and does not establish the Historical Committee as was given in the information to the Council. Mr. Boyle explained that in order to obtain a designated "H" Historic Category; it is necessary that an application be processed like any other zoning application through the Planning and Zoning Commission for recommendation to the City Council. The City Council determines a Historical site by considering and passing an ordinance. Following more discussion, Councilman Dodd made a motion to adopt the following captioned Ordinance No. 1225: Councilman Ouevreaux seconded the motion. The motion carried 4 to 1 with Councilmen Dodd, Ouevreaux, Haggerty, and Matthews voting "aye", and Councilman Johnson voting "nay". AN ORDINANCE AMENDING ORDINANCE 769 COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY ADDING A NEW SECTION 8-400 TO BE TITLED "HISTORIC LANDMARK PRESERVATION" INCLUDING SUB- SECTIONS ON DEFINITIONS; PROVIDING A DECLARATION OF POLICY; PROVIDING FOR THE DESIGNATION OF HISTORIC LANDMARKS; PROVIDING CRITERIA USED IN DETERMINING SUCH LANDMARKS; PROVIDING FOR ACTION BY PLANNING AND ZONING COMMISSION; PROVIDING FOR CITY COUNCIL ACTION AND RECORDING OF DESIGNATION; PROVIDING FOR THE DEMOLITION OR REMOVAL OA AN HISTORIC LANDMARK; PROVIDING THAT REGULATIONS AND RESTRICTIONS HEREIN SHALL NOT AFFECT USES; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Dodd made a motion that a Historic Landmark Preserva- tion Committee be established for a period of one year. Councilman Haggerty seconded the motion. There followed a discussion relating to the duties of the Committee; the procedure of an application for historical site; number of members appointed to the Committee to be possibly 5; and that the newspapers print a story that the Committee is being formed and the city is taking applications for that Committee. Mr. Boyle suggested the Council instruct the Administration to draft a resolution establishing the Historic Landmark Preserva- tion Committee and outline the guidelines which the Committee is to follow. After more discussion of the time period of Councilman Dodd asked to change the motion mark Preservation Committee be established and, directed the Administration to prepare this Committe and outlining guidelines for and bring back to the February 5th Council one year being too long, that a Historic Land- for a period of 6 months; a resolution establishing the Committee to follow meeting. Vol. 30, Page 70. Councilman Haggerty asked to include in the motion that letters be sent to persons that have filled out applications to serve on the Planning and Zoning Commission and the Zoning Board of Adjustment to let them know of this new Committee that is to be established and give them an opportunity to let the Council know if they wished to serve on the Committee. Councilman Dodd accepted the amendment. Councilman Haggerty seconded the motion with the amendment. The motion carried with all voting "aye". Mayor Binford pointed out the fact that a moratorium was in effect on the Wilson tract until the Council repeals it. After some discussion, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", continued the moratorium on the Wilson Property for a period of 90 days. AGENDA ITEM NO. C.5-PUBLIC HEARING: CONSIDER AMENDING SECTION - SnP AVAr-1?AUU T nV rr'vM" f~f-yKmnTTTTTTTt~TT7" i vLr+niu ttv L1 LSLV!.~ iZ1 GV1V 11YV L1Jl:Cll,l~. Mayor Bin ord opened the public hearing an gave the following information: Section 9-502, Paragraph (1) of the Zoning Ordi- nance allows in Light Industrial and Heavy Industrial Zoning Districts,t~4bapproach driveways not exceeding 40 feet in width within the required front yard. Additional driveways may be allowed with a Specific Use Permit. There are large industrial tracts which have large frontages along streets that will normally require more than 2 driveways. It takes a minimum of one month to obtain a Specific Use Permit. The Planning and Zoning Commission recommended that the Zoning Ordinance be amended by deleting Section 9-502, Paragraph (1). The number of driveways and their locations will be determined by the Director of Public Works based upon good traffic control princiDlies. There being no one in the audience wishing to sneak on this consideration, a motion by Councilman Ouevreaux, a second by Councilman Matthews, all voting "aye", closed the public hearing. After some consideration, a motion by Councilman Haggerty, a second by Councilman Ouevreaux, all voting "aye", adopted the following captioned Ordinance No. 1231 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 FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED BY AMENDING ARTICLE 9, AREA REGULATIONS, BY DELETING PARAGRAPH (L) OF SECTION 9-502; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; DECLARING AN EMERGENCY. Vol. 30, Page 71. AGENDA ITEM NO. C.67PUBLIC HEARING: CONSIDER AMENDING SECTION 8-619 OF THE COMPREHENSIVE ZONING ORDINANCE TO ESTABLISH LAND- SCAPE REQUIREMENTS. Mayor Bi.n or opened the public hearing and gave the following information: The City's Zoning Ordinance only provides for landscaping in LI and HI Zoning Districts. Section 8-618 of the City's Zoning Ordinance is designated planting. The section requires the builder or developer to plant 1 tree for each 25' of street frontage and to maintain the area from the front pro- perty line to the curb line in an esthetic manner. There are no other landscaping requirements in the Zoning Ordinance. Some Planned Development Zoning; Districts such as PD-22 (the western Industrial District) have specific landscape requirements. A proposed amendment has been prepared outlining more specific landscape requirements. The ordinance would apply to all pro- perties in all Zoning Districts except residential and multi- family zoning and planned development zoning districts where more specific landscape requirements havebeer. established. The proposed amendment requires a landscape plan and specifications to be sub- mitted prior to occupying the property (plans can be submitted at the same time the building permit plans are submitted), a minimum of 5% of the property to be landscaped, and establishes more specific requirements for landscaping materials and sizes. The Planning and Zoning Commission recommended that the proposed amendment be adopted with two changes, 1. The first sentence of Paragraph (f) of Section 1 to read "Landscape shall be developed within 18 months and it shall be the responsibility of the owner or his agent to maintain the landscape in a healthy, living conditions and free of all plants not included in the plan. 2. The last paragraph in Paragraph (E-2A) of Section 1 to read "Plants riot considered trees but grown to tree form (Crape myrtle, Legustrum, etc.) which can be sub- stituted for trees shall be a minimum of 6' in height at time of planting. There being no one in the audience wishing to speak on this consideration, a motion by Councilman Dodd, a second by Councilman Ouevreaux, all voting "aye", closed the public hearing. Following a discussion relating to the beautification plans for the Valley View - Josey Lane area, and the requirements of landscaping proposed, Councilman Johnson made a motion to adopt the following captioned Ordinance No. 1228 as recommended by the Planning and Zoning Commission: Vol. 30, Page 72. AN ORDINANCE Or THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING SECTION 8-618 SO AS TO ESTABLISH LAND- SCAPING REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE ST-1 OF T140 HUNDRED ($200.00) DOLLARS, PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. Councilman Matthews seconded the motion. The motion carried 4 to 1 with Councilmen Johnson, Matthews, Dodd and Haggerty voting "aye", and Councilman Quevreaux voting "nay". Councilman Ouevreaux stated he was not opposed to beautification but opposed on basis that the city already has two standards to follow on this. AGENDA ITEM NO. C.7-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF JOSEY LANE AND FYKE ROAD IN THE PD-4 (11F-2, LR-1 ZONING DISTRICT. Mayor Bin or gave th e following information rom a memo to the Council from the Administration: The Josey Lane Square Shopping Center is located at the southeast corner of Josey Lane and Fyke Road. The property is within a Planned Development Zoning District. Site Plan approval is required before additional buildings or improvements can be made to the property. Mr. Charles Gartner, the owner of the Josey Square Shopping Center proposes to build a new building to house a retail Glidden Paint Store. The proposed building will be located between the Taco Bell Restaurant and the Daylight Donut Kitchen along Josey Lane. The site plan submitted complies with the City's zoning regulations relating to setbacks and parking. The Planning and Zoning Commission recommended that the site plan be approved with the following conditions. 1. Shopping Center Parking lot be repaved to standards approved by the City. 2. Landscaping to be provided in the parkway and adjacent to the Glidden building. 3. Landscape to include the shrubbery as indicated on the site plan. 4. Remove any unused portions of the Tradewinds sign, and remove the old Stop & Go sign. 5. Along Josey Lane a low type shrubbery to be added along the Shopping Center property line. Purpose of the shrubbery is to provide some screening of asphalt parking area and provide beautification. 6. Height of the screening wall to be designated. Screening wall to completely screen the refuse container. 7. Egress and ingress to be assured to all tenants within the shopping center. Vol. 30, Page 73. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING SECTION 8-618 SO AS TO ESTABLISH LAND- SCAPING REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF T140 HUNDRED ($200.00) DOLLARS, PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. Councilman Matthews seconded the motion. The motion carried 4 to 1 with Councilmen Johnson, Matthews, Dodd and Haggerty voting "aye", and Councilman Quevreaux voting "nay". Councilman Quevreaux stated he was not opposed to beautification but opposed on basis that the city already has two standards to follow on this. AGENDA ITEM NO. C.7-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF JOSEY LANE AND FYKE ROAD IN THE PD-4 (PV'-2, LR-1 ZONING DISTRICT. Mayor Bin or gave the following information-from a memo to the Council from the Administration: The Josey Lane Square Shopping Center is located at the southeast corner of Josey Lane and Fyke Road. The property is within a Planned Development Zoning District. Site Plan approval is required before additional buildings or improvements can be made to the property. Mr. Charles Gartner, the owner of the Josey Square Shopping Center proposes to build a new building to house a retail Glidden Paint Store. The proposed building will be located between the Taco Bell Restaurant and the Daylight Donut Kitchen along Josey Lane. The site plan submitted complies with the City's zoning regulations relating to setbacks and parking. The Planning and Zoning Commission recommended that the site plan be approved with the following conditions. i 1. Shopping Center Parking lot be repaved to standards approved by the City. 2. Landscaping to be provided in the parkway and adjacent to the Glidden building. 3. Landscape to include the shrubbery as indicated on the site plan. 4. Remove any unused portions of the Tradewinds sign, and remove the old Stop & Go sign. 5. Along Josey Lane a low type shrubbery to be added along the Shopping Center property line. Purpose of the shrubbery is to provide some screening of asphalt parking area and provide beautification. 6. Height of the screening wall to be designated. Screening wall to completely screen the refuse container. 7. Egress and ingress to be assured to all tenants within the shopping center. Vol. 30, Page 73. 8. The driveway from the shopping center onto Fyke Road to be improved. 9. Property owner to enter into an agreement with the city whereby if plants are not maintained the city may replace the plants and bill the property owner for the costs. Mr. Dave Pierson was present representing Mr. Gartner and the request. Mr. Pierson stated that they have no problems in complying with the stipulations of the recommendation of the Planning Commission. After some discussion, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", approved the site plan requested by Mr. Charles Gartner, as recommended by the Planning and Zoning Commission with the 9 conditions listed above. AGENDA ITEM NO. C.8-CONSIDER RECOMMENDATIONS FOR COMMUNITY INVOLVEMENT OF CITIZENS. The Council reviewed a Briefing Paper that had been prepared by the City Staff of ways which *might _ improve community involvement and communications between the citizens of the City and the City Council. Some nine items were discussed . 1. Encourage formation of Farmers Branch civic clubs, Chambers of Commerce, activity clubs and other organized groups. 2. Encourage publication of agendas. 3. Encourage communication from individual voters with members of the City Council. 4. Publicize "Tele the City" service. 5. Encourage reading of news letters. 6. Encourage news articles on meeting times and places of city boards and City Council. 7. Encourage presentation of programs to Farmers Branch groups by City Council and staff. 8. A packet of information should be prepared for new citizens, both individuals and business, notifying them of opportunities for involvement. A list of appointed boards and the scheduled meeting times of boards and the City Council should be included. 9. Deliver packet of "fact sheets" to all residents, possibly in conjunction with the delivery of refuse sacks, outlining user fees, tax rate, financial position of the city, and similar information on a periodic basis. Councilman Dodd asked to add the following to the list: 10. Have a survey conducted of the citizens as to their individual interests; suggested goals for the city; of ways they feel they might communicate with the Council and Administration and of ways to get involved; Vol.30, Page 74. Councilman Dodd suggested the Administration find out the pro- cedures and methods of the survey that was taken a few years ago by Central Bank and Trust. Councilman Haggerty suggested to go along with Councilman Dodd's suggestion of the possibility of appointing a committee of citizens to develop some goals for the City. Councilman Quevreaux suggested the following item as a means to communicate to the citizens. It was the consensus to add this to the list of suggestions. 11. A monthly or on a periodical basis, report be prepared that can be furnished to the citizens, giving the financial status on each department of the city. Or, the Council devote some time at the Council meeting in hearing a report or slide program of the financial status of the departments by taking one department at a time at the meetings. Councilman Ouevreaux stated that the report should point out the departments status of where the revenues come from , how it is spent, and how the financial position of that department looks from month to month. The various ways of informing the citizens on the suggestion of Councilman Quevreaux were discussed. They were by a slide presenta- tion at the Council meeting together with printed material hand-outs, the two news medias, and the newsletter that is distributed with the water bills each month, and have available at the city hall and library. Councilman Matthews and Councilman Dodd spoke against the suggestion in No. 1 pertaining to the formation of Chambers of Commerce. Mrs. Carol Dingman and Mrs. Cynthia Stanaland spoke of having the Council Agenda packet and the Administration's recommendations available for citizens review before the Council meeting. There was discussion among the members of the Council relating to the pros and cons of having citizens reviewing the agenda packet before the meeting and a decision made. After some discussion, pertaining to the information being public record except -certain items that are permitted for discussion in the Executive Session, Councilman Haggerty made a motion that the Council Agenda packet with the exception of the Executive Session material, be made available at the Library and the City Hall for review by interested parties but no.t for duplication. Councilman Dodd seconded the motion. Councilman Quevreaux asked to add that a packet be available at the Police Building also. Councilman Dodd asked to add to the motion that the Administration instruct the City Attorney to advise the City Council of guidelines on an appropriate packet to be available for citizens;, as to what is public information and what is not considered public information. Vol. 30, Page 75. Councilman Haggerty accepted the additions to the motion. The motion carried 3 to 2 with Councilmen Haggerty, Dodd and Quevreaux voting "aye", and Councilmen Johnson and Matthews voting "nay". Councilmen Johnson and Matthews spoke concerning whether the Administration's recommendation should be given out especially before the Council made a decision. After a lengthy discussion of the 11 items previously discussed it was decided that No. 11 could be included in No. 9, Councilman Haggerty made a motion to adopt Items 1 through 10 with the modifications discussed. Councilman Dodd seconded the motion. J After some discussion, Councilman Johnson made a substitute motion that Councilmen Haggerty and Dodd prepare suggested ways of getting community involvement and communication along the lines that have been discussed and report back to the Council at the next meeting. Councilman Matthews seconded the motion, and all voted "aye". AGENDA ITEM NO. C.9-CONSIDER REQUEST FOR FUNDS FOR CONSTRUCTION COMMERCE, ADDISON, CARROLLTON, COPPELL, FARMERS BRANCH. Mr. Mike Reiter, a volunteer or the Chamber o Commerce, serving Addison, Carrollton, Coppell, and Farmers Branch, appeared before the Council soliciting funds for the new Chamber of Commerce facility that is going to be located on Metro Road in Carrollton. The land was donated by the Dallas County State Bank. He said the Chamber is asking from memberships a 110% of their present dues. The fair share for Farmers Branch is $1,100.00. The new facility will be 2,471 sq. ft. and the total cost will be approx- imately $100,000.00. He stated that the value of the land donated was almost an equal amount of what the building will cost. He reported that the Chamber has received $2,800.00 towards the new facility. Mr. Lee Tench, Executive Director of the Chamber, was present and commented that the other three cities have pledged as follows: Addison in the amount of $1,100; Carrollton in the amount of $1,200; and Coppell in the amount of $750.00. He asked for the Council's support, and said that the payment could be made quarterly. There was a discussion between the members of the Council and Mr. Reiter and Mr. Tench relating to the determination of dues asigned; the location of the building; the Chamber owning its own building; of not having received information about the building plans from the Chamber; the estimated cost that was put on the land; and, whether the City of Farmers Branch could legally contribute to such a fund. City Attorney John Boyle stated that the Hotel Tax money can be spent for this type of purpose; and also, under Art. 1015] the city has the ability to allocate a certain percentage of their general tax fund for the purpose of promoting the City. Vol. 30, Page 76. Councilman Dodd made a motion to table this consideration and the City Attorney be instructed to prepare information to the City Council on the legal ramifications and possible ways of setting up this contribution. The motion died for the lack of a second. After more discussion, Councilman Johnson made a motion that the City of Farmers Branch not participate in the Chamber building fund. Councilman Dodd seconded the motion. The motion failed with Councilmen Johnson and Dodd voting "aye" and Councilmen Quevreaux, Haggerty and Matthews voting "nay". The motion failed 3 to 2. Councilman Matthews made a motion that the City of Farmers Branch contribute' $1,100.00 out of the Hotel Occupancy Tax monies for funds for construction of the Chamber of Commerce building/ Councilman Haggerty seconded. The motion carries 4 to 1, with Councilmen Matthews, Haggerty, Ouevreaux and Dodd voting "aye", and Councilman Johnson voting "nay". A 10 MINUTES RECESS WAS DECLARED AT THIS POINT IN THE MEETING. AGENDA ITEM NO. C.10-CONSIDER BOUNDARY LINE AGREEMENT WITH THE CITY OF ADDISON: The Council reviewed a preliminary agreement between the Cities of Farmers Branch and Addison, The main points of the agreement discussed were the following: 1. The relocation of the existing city limit line in Marsh Lane, Midway Road and Spring Valley Road to the center of the median or the center of the right-of- way, as the case may be. 2. The Police Departments of each city to have exclusive jurisdiction over the portion of streets within its boundary; but the cooperative enforcement of laws on these shared streets. 3. The 50/50 sharing of costs of the reconstruction of the shared streets. (Each city would remain exclusively responsible for maintaining their own sections of paving.) 4 The two cities would share equally in the maintenance of the landscaping of the medians and rights-of-way and all traffic signals and street lights, The actual methods of maintaining the various roadway items would be deter- mined on a one to one basis by the city staffs of the two cities. Councilman Dodd made a motion that Farmers Branch proceed with the development of the boundary line agreement with the City of Addison. Councilman Johnson seconded the motion, and all voted "aye". Vol. 30, Page 77. Councilman Matthews raised a question of whether Farmers Branch would have to share 50/50 of the costs of the construction of shared streets when Farmers Branch already had a road base down on Marsh Lane. City Manager Paul West stated that this question needed to be looked into. Mr. West stated that the preliminary agreement was brought to the Council for questions and guidiance for planning. AGENDA ITEM NO. C.11-CONSIDER MARSH LANE IMPROVEMENTS. Drawings were poste on the Council Chamber wall s owing several options for improvements to Marsh Lane. Councilman Johnson relating to the low bridge on existing section south of Wooded Creek, requested the City Staff to make some preliminary determinations of the approximate cost and travel that might be involved in bringing the new section in to abut the old section,so that one new bridge would serve all four lanes of traffic. He stated he hoped this would eliminate the need of moving the existing dam. He said it could be designed perhaps to preserve the medians as far as possible and resume it as quickly as possible on the other side of the creek. After more discussion, Councilman Dodd made a motion to table this item until the next Council meeting in order for the Council to receive the information Councilman Johnson requested. The motion died for the lack of a second. A lengthy discussion was held between the members of the Council relating to the various alternate improvement plans; cost of concrete vs. cost of asphalt; pros and cons of improving-the-street; and of the question of who would benefit most if the road was widened. After some discussion as to whether the Council wished the improve- ments be made on Marsh Lane, Councilman Haggerty made a motion that it is the intention of the City Council of Farmers Branch to widen Marsh Lane to four lanes; two 2-lane divided throughfares and maintaining the rural setting from Valley View Lane to Belt Line Road. Councilman Dodd seconded the motion. The motion carried 3 to 2 with Councilmen Haggerty, Dodd and Matthews voting "aye", and Councilmen Johnson and Ouevreaux voting "nay". There was more discussion of whether the street should be improved. Mrs. Cynthia Stanaland suggested the Council put this issue before the citizens by referendum. Following more discussion, Mayor Binford announced the next item on the agenda. Vol. 30, Page 78. AGENDA ITEM NO. D.1-CONSIDER ORDINANCE NO. 1233, DISANNEXING PROPERTY NORTH OF COOKS CREEK AND WEST OF T.R.A. SEWER LINE CONTIGUOUS WITH THE EASTERLY BOUNDARY OF CARROLLTON AND CON- TAINING APPROXIMATELY 64 ACRES. Mayor Bin ford gave the following information from a memo to the Council from the Administration. To facilitate the provision of water and sanitary sewer services to the Lacy/Connell tract in the Western Industrial District, a land swap between the City of Farmers Branch and the City of Carrollton appears to be desirable. As this adjustment will provide for more orderly development of properties in the Western Industrial District and as the amount of property to be annexed is greater than the amount of property to be disannexed, ther are no significant negative impacts to the City of Farmers Branch. The City Staff has compiled the Necessary legal instruments to adjust the City limit line. Mayor Binford reported that the City has been unsuccessful in reaching an agreeable swap with the City of Carrollton, but with further consideration it is hopeful an agreeable decision can be made. City Manager Paul West pointed out that the City of Farmers Branch ordinance would be contingent upon the City of Carrollton oassing an ordinance. After more discussion with pointing out that the Ordinance Number on the ordinance is different from that indicated in the memo, Councilman Dodd made a motion to adopt Ordinance No. 1223 as styled No. 1227 in the Council packet, which adjusts common City limit line with the City of Carrollton in the Western Industrial District. Councilman Haggerty seconded the motion. City Attorney John Boyle explained the procedures of disannexing this property. There was discussion between members of the City Council, the City Attorney and the City Manager relating to the City of Dallas having extraterrritorial rights since the City of Dallas owns a strip of land up the middle of the river which abuts the property being considered for disannexation. City Attorney John Boyle stated that this needs to be looked into. Councilman Johnson asked the makers of the previous motion to with- draw it in order to table and ask Carrollton to redraw their ordinance for disannexation and prepare a proper ordinance that would leave an adequate strip that would prevent extraterritorial rights of any other municipality. Councilman Dodd withdrew his motion and Councilman Haggerty withdrew his second to the motion. Councilman Johnson made a motion to table proposed Ordinance No. 1227 pending Counsel's determination that a satisfactory disannexation Ordinance has been drawn by the City of Carrollton. Councilman Matthews seconded the motion, and all voted "aye". Vol. 30, Page 79. AGENDA ITEM NO. D.2-CONSIDER RESOLUTION SETTING PUBLIC HEARING DATE ON ANNEXATION OF PROPERTY LOCATED SOUTH OF COOKS CREEK CHANNEL IN AREA OF WALLACE ROAD, CONTAINING APPROXIMATELY 135 ACRES. A motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", tabled this consideration for further study. AGENDA ITEM NO. D.3-CONSIDER RESOLUTION SETTING PUBLIC HEARING DATE ON ANNEXATION OF PROPERTY SOUTH OF VALWOOD PARKWAY AND WEST OF CHICAGO ROCK ISLAND AND PACIFIC RAILROAD, CONTAINING APPROXIMATELY 0.53 ACRES. Mayor Bi.n or gave the following information from a memo to the Council from the Administration: The City of Carrollton has already disannexed this property for the purpose of adjusting the city limit line. Setting the public hearing date is the first step of annexing this property into the City of Farmers Branch. After some discussion, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", set the date of February 5, 1979 as public hearing date for consideration of annexation of property south of Valwood Parkway and west of Chicago Rock Island and Pacific Railroad, containing approximately 0.53 acres, by adopting Resolution No. 79-0002. AGENDA ITEM NO. D.4-CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPER'S CONTRACT WITH DOSS-FARROW INVESTMENTS, AND ACCEPTING A HOLD HARMLESS AGREEMENT. The Council reviewed a Developer's Contract that provides for the installation of all required public improvements for the Luna-635 Business Park Addition to the City of Farmers Branch, in accordance with the current Subdivision Ordinance. The Developer wishes to begin installation of "off-site" water and sewer main extensions as soon as possible. The property is in the process of being platted and all public improvements will be installed according to the provisions of this contract before the issuance of any Certificates of Occupancy. After some discussion, a motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", authorized the City Manager to enter into a Developer's Contract with Doss-Farrow Investments, and accepted a Hold Harmless Agreement. AGENDA ITEM NO. D.5- CONSIDER ADOPTING ORDINANCE NO, 1232, PROVIDING FOR THE TRI11MING AND/OR REMOVAL OF HAZARDOUS TREES AND SHRUBS. Mayor Binford gave the following information trom a memo to the Council from the Administration: The City Staff has submitted a proposed policy and procedure for trimming hazardous trees and/or shrubs within the City of Farmers Branch. In addition an ordinance providing for the trimming and/or removal of hazardous trees and shrubs has been drafted to provide the legal basis for the policy and procedure. The proposed ordinance and the policy and procedure give definite descriptions as to what constitutes a hazard or nuisance to persons or property, and gives definite steps for the City Staff to follow when complaints of this nature are received. The ordinance requires the abutting property owner to trim or Vol. 30, Page $O. remove any hazardous tree or shrub when notified by the City, and if the property owner does not trim or remove the hazardous tree or shrub, provisions are included by which the City will trim or remove the hazardous tree or shrub and charge the property owner for the work. After some discussion, a motion by Councilman Matthews, a second by Councilman nuevreaux, all voting "aye", adopted the following captioned Ordinance No. 1232: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, MAKING IT UNLA14FUL FOR ANY PROPERTY OWNER, OR AGENT OF SAME, TO PERMIT A TREE, SHRUB, OR OTHER SIMILAR PLANT OF ANY DESCRIPTION WHICH CREATES A HAZARD OR A NUISANCE TO PERSONS OR PROPERTY TO REMAIN AFTER NOTICE; PROVIDING FOR THE PURPOSE AND INTENT OF THIS ORDINANCE; REQUIRING SUCH OZ,ZTER OR AGENT OF SAME TO TRIM OR REMOVE, IF REQUIRED, SUCH TREE, SHRUB OR OTHER SIMILAR PLANT OF ANY DESCRIPTION AND HOLDING THE PROPERTY OWNER ACCOUNTABLE FOR ALL COSTS ACCURED BY ASSESSMENT AND A FILING OF A STATEMENT WITH THE COUNTY CLERK AS A LIEN AGAINST THE PROPERTY IS SUCH COSTS ARE NOT PAID; PRO- VIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. E.1-CONSIDER AWARDING THE BID FOR 2 TRUCKS. The Council reviewed the one i receive or two 1979 trucks. The bidder was White Motor Corporation with the amount of $38,800.00 per truck, totaling $77,600.00. Information given to the Council pointed out that $70,000.00 was budgeted for these trucks. Even though $7,600 is over the budgeted amount, there has been enough money saved on other equipment to compen- sate for the additional amount. After some discussion, a motion by Councilman Ouevreaux, a second by Councilman Dodd, all voting "aye", awarded the bid for the two 1979 trucks to White Motor Corporation with the amount of $38,800.00 per truck, totalling to $77,600.00. AGENDA ITEM NO. E.2-CONSIDER AWARDING BID FOR R011-ON, ROLL-OFF WATER TANK. In ormation given to the Council from the Administration informed that only one bid was received for this roll-on, roll-off water tank. The bid received exceeded the budgeted amount and the Administration recommended the bid be rejected. A motion by Councilman Ouevreaux, a second by Councilman Dodd, all voting "aye", rejected the bid received from Industrial Disposal Supply of Plano for the roll-on, roll-off water tank. Vol. 30, Page 81. AGENDA ITEM NO. E.3-CONSIDER AWARDING THE BID FOR LIMESTONE SCREENING BACKFILL MATERIAL. The Council reviewed three bids received for limeston screenings backfill material. Morris & Sons was the lowest and best bid in the amount of $85,000.00 with a 2% discount if paid in 10 days. A motion by Councilman Johnson, a second by Councilman Matthews, all voting "aye", awarded the bid to Morris & Sons to purchase lime- stone screening backfill material at $4.25 per ton for 20,000 tons totaling to the amount of $85,000.00; and with a 2% cash discount if paid in 10 days.- AGENDA ITEM NO. E.4-CONSIDER AWARDING THE BID FOR 3000 PSI CLASS "A" CONCRETE. The Council reviewed the two bids received for 3000 PSI Class "A" Concrete. Freeway Ready Mix submitted thelowest and best bid in the amount of $103,500.00 for 3,000 c.y. at $34.50 per c.y. if picked up by the city. The price for delivery by the Company would be $40.50 Der c.y. A discussion was held between the members of the Council and the City Manager relating to the increase of cost for the concrete, the need for the various projects in the city, and the use and need of the city's concrete trucks. Councilman Johnson made a motion to award the bid for 30000 c.y. of 3000 PSI Concrete to Freeway Ready mix at a price of $34.50 per c.y. Councilman Dodd seconded the motion. After some discussion, Councilman Matthews asked to add to the motion to include authorization for the City Administration to purchase concrete by delivery of Freeway Ready Mix at the price of $40.50. Councilman Johnson amended the motion to award the bid for 3000 c.y. of concrete to Freeway Ready Mix for a price at $34.50 per c.y. if picked up by city trucks, or at a price of $40.50 per c.y. if delivered. Councilman Dodd seconded the motion. The motion carried with all voting "aye". AGENDA ITEM NO. E.5-CONSIDER AUTHORIZING ADVERTISEMENT FOR BIDS FOR P.V.C. CONDUIT FOR IRRIGATION AND SIGNALIZATION. A motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye", authorized the advertisement for bids for electrical P.V.C. conduit for irrigation and signalization. AGENDA ITEM NO. E.6-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR WATER METERS. A motion by Councl man Haggerty, a second by Councilman Ouevreaux, all voting "aye", authorized the advertisement for bids for one year's supply of water meters. Vol. 30, Page 82. AGENDA ITEM NO. E.7-CONSIDER APPROPRIATION OF FUNDS FOR IMPROVE- MENTS ON JOSEY LANE. A ter some discussion of the need of appropriating funds to complete the construction of Josey Lane, a motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", authorized the appropriation of $300,000.00 for the construction of Josey Lane. AGENDA ITEM NO. E.8-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR SUBGRADE STABILIZATION MATERIALS. motion by Councilman Dodd, a second by Councilman Ouevreaux, all voting "aye", authorized the advertisement for bids for subgrade stabilization materials for use on the construction projects of Josey Lane and Midway Road. MAYOR BINFORD ANNOUNCED THAT THE ITEMS ON THE. AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS THE COUNCIL MEETING WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. F.1-EXECUTIVE SESSION a. Discuss Personnel Matters Mayor Binford informed the Council that Rod Nelson is going to resign from the Planning and Zoning Commission. An appointment for his place was discussed. Appointments to the Zoning Board of Adjustments and Building Code Board of Appeals were discussed. b. Discuss Pending and Contemplated Litigation No discussion was held. c. Discuss Land Acquisition There was discussion of withdrawing the offers made by the city to purchase the 208 acre Barfknecht Tract and the 147 acre Duwe Tract for possible future landfill facilities. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. F.2-NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Counci man nuevreaux, a second by Councilman Dodd, all voting "aye", appointed Tom Donoho to serve on the Zoning Board of Adjustments and Building Code Board of Appeals, Place 5, conditioned upon acceptance of the appointment. A motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", reappointed Bill Morgan, Place 2; and, Jack Pugh, Alternate Place 1; and, appointed Ken Leckie, Place 4 to serve on the Zoning Board of Adjustment and Building Code Board of Appeals, conditioned upon acceptance of the appointment. Vol. 30, Page 83. A motion by Councilman Quevreaux, a second by Councilman Haggerty, all voting "aye", appointed John Herndon to serve on the Planning and Zoning Commission, Place 1, for an expired term expiring, May, 1981. AGENDA ITEM NO. F.3-NECESSARY ACTION ON PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. No discussion an no action on t is item. AGENDA ITEM F.4-ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", authorized the withdrawal of the offers made to purchase the 208 acre Barfknecht Tract and the 147 acre Duwe Tract for possible future landfill facilities. AGENDA ITEM NO. G.1-ADJOURNMENT A motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye", adjourned the City Council meeting of January 15, 1979 at 11:30 p.m.. Ma or Bi117 Bin Z 01J, (~t4 City cretary Vol. 30, Page 84.