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1979-02-19 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING FEBRUARY 19, 1979 COUNCIL CHAMBER POLICE BUILDING The following members of the City Council were present: Mayor Bill Binf_ord Mayor Pro Tem Ken Quevreaux Councilmen: John Dodd Fred Johnson Pat Haggerty 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 February 19, 1979 to order at 7:30 P.M.. AGENDA ITEM NO. A.1-INVOCATION Rev. Gene Gordon, pastor o the Webb Chapel Methodist Church, gave the invocation. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES -FEBRUARY 5, 1979 A motion by Councilman Dodd, a second by -Councilman Quevreaux and all voting "aye", approved the minutes of the Council meeting of February 5, 1979 as submitted. AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AWARD Mayor Bin or presented a five year service award to Mike Barrett of the Fire Department for his employment with the city. MAYOR BINFORD RECOGNIZED BOY SCOUT TROUPS 835 AND 1176 WHO WERE IN ATTENDANCE. AND BEING A 39,37 SQUARE FOOT TRACT OF LAND IN LOT "A", BLOCK OF BROOK HAVEN PARK ADDITION. Mayor Bin ford opened the pu is hearing. Section 8-114 of the City's Zoning Ordinance requires a Specific Use Permit to locate a restaurant in the City. Gallaghers Restaurants, Inc. would like to locate a restaurant in Brookhaven Office Park. The property is zoned PD-14 (MF-2, 0). The district is being developed as an office park. Vol. 30, Page 98. AGENDA ITEM NO. C.1-PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR A NON DRIVE-IN RESTAURANT WITH- The Gallaghers Restaurant tract is 175' wide by 225' deep. The tract is a part of the large vacant property located between the two office complexes in Brookhaven Office Park. The Planning and Zoning Commission recommended that the Specific Use Permit for the restaurant be approved. Mayor Binford asked if there was anyone in the audience that wished to speak in favor of the request. The following spoke. 1. Mr. Bill Sharman, president of Gallagher's Restaurants Inc., presented the request for the Specific Use Permit for the restaurant. Mr. Sharman presented background information of the Gallagher Restaurant establishment. The restaurants primarily serve steaks and seafoods. Slides were shown by Mr. Sharman showing the exterior and interior of some of the existing 7 restaurants. Mr. Sharman stated that the construction of the buildings is all brick with heavy cedar shingles. He pointed out that the back of the buildings look exactly like the front except that there is no door. Mr. Sharman stated that the site plan is structured for parking and plenty of open space for landscaping. Approximately $8,000 to $10,000 has been spent for the landscaping contracts on the properties of the previous restaurants. Mr. Sharman explained that all managers and chefs go through an extensive training program. A great number of the managers are college graduates. Uniforms are worn by all employees. Each restaurant employs 60 full time and part-time persons with approx- imately 40 of them being high school and college students. Comparing the quality of the restaurant with Ale restaurants, Mr. Sharman stated he feels would be an asset to the community and would $10,000 to $20,000 a year in city sales tax in addition to the real property tax. Mr. Sharman stated that Gallaghers had three and feels that every requirement of the city items. that of the Steak and their restaurant contribute approximately ind beverage tax items on the agenda has been met on all Mrs. Sharman stated that from the competitive and economic stand- point a Specific Use Permit for a private club is needed for the restaurant to be successful. He explained that Gallagher restaurants average about 75% food business and less than 25% in mixed beverage sales. There is no advertisements used to pro- mote the sale of mixed drinks. Mr. Larry Boyd, one of the property owners of the property involved, stated that he had canvassed the neighboring businesses of whether they would like to see a restaurant at this location. He said he received 5 letters which were all in favor of the rest- aurant. Mr. Boyd stated he feels Gallaghers Restaurant is the best use for the property and would be an asset to the city. Vol. 30, Page 99. Mayor Binford asked if there was anyone in the audience that wished to speak in opposition of the request. The following spoke: 1. Mrs. William Darley, 12224 Treeview, stated that she has nothing against the Gallaghers as a company but she has no desire for this place of business to be so close to her house. She stated that she was very much opposed to the request. She stated that there would be an increase in traffic in the area, and odors from the restaurant. 2. Mr. Nolan Giffith, 12117 Treeview, agreed with Mrs. Darley. He opposed the private club proposal. He mentioned that he had heard the rumor that Treeview would be opened and this would cause business traffic coming into residential areas. He stated he did not want Treeview opened. Mayor Binford stated that the rumor was in error. 3. Mrs. Vickie Stevens, 12124 Ridgefair, opposed to added traffic in the area and inquired about the hours of operation. Mr. Sharman stated that the closing hours are: Sunday 10:00 PM Monday-Thursday 11:00 PM Friday & Saturday 12:00 PM He stated that the employees would be leaving the premise within 30 minutes of closing time. Mrs. Stevens objected to noise of the late traffic that would be created. 4. Mrs. Francis Rowley, 12217 Treeview, opposed request because of traffic, noise, and odor from the restaurant. 5. Mr. Jim L. Stevens, 12124 Ridgefair, opposed any request that would increase traffic that may force the City Council to open Treeview for access. 6. Mr. Mike Wilcox, 12130 Ridgefair, opposed to the noise of traffic that would be created by the restaurant and of the possibility of the opening of Treeview. 7. Mrs. Ramona Wilcox, 12130 Ridgefair, opposed the night traffic the restaurant would create; of possible vandalism in the neighborhood; of delivery trucks in the area going in and out and of odor from the restaurant. 8. Mr. Joe Davis, 12106 Ridgefair Place, opposed the possible increase in traffic; the private club being so close to the residential area; and of property value being decreased by being close to the restaurant. Vol. 30, Page 100. 9. Mrs. Shirley Johnson, 12212 Ridgefair, opposed the request. because of added traffic the business would create. There being no one else wishing to speak, a Matthews, a second by Councilman Quevreaux, closed the public hearing. Mr. Sharman commented on several of the obj bought up by the citizens relating to their and to traffic. motion by Councilman all voting "aye", actions that were cooking facilities Councilman Quevreau asked Mr. Sharman whether he intended to put forth his plans for the restaurant if the Specific Use Permit for the private club was not approved. Mr. Sharman stated that because of economic and competition standpoints, the restaurant would not be built with out the Specific Use Permit for the private club. After more discussion, a motion by Councilman Matthews, a second by Councilman Dodd, all voting "aye", denied the request of Gallaghers for the restaurant. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", combined the Public Hearings of Agenda Item No.. C.2 and Agenda ItEm No. C.3 in order to consider at the same time. AGENDA ITEM NO. C.2 & C.3 -PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR A PRIVATE CLUB, AND, - , 0 ZONING DISTRICT. FOR A GENERAL BUSINESS SIGN IN A PD-14 (FT_ REQUESTED BY GALLAGHERS RESTAURANTS. Mayor Bin or opened the public Hearing. Gallaghers Restaurants Inc. applied for a Specific Use Permit for a private club and for a Specific Use Permit for a general business sign for the property located 170' West of Treeview Lane and North of the L. B. J. Service Road and being a 39,375 square foot tract of land in lot "A", Block 2 of Brookhaven Park Addition. Mayor Binford asked if there was anyone in the audience wishing to speak in favor or in opposition to the request. No one spoke. A motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye", closed the public hearing. A motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", denied the request of Gallaghers Restaurants Inc. for a Specific Use Permit for a private club and for a general business sign. AGENDA TTF.M NO_ C_4 PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC Vol. 30, Page 101. VALMAR WAY AND INTERSTATE HIGHWAY 35E SERVICE ROAD, AND BEING A 4.9466 ACRE TRACT IN THE VALLEY VIEW PLACE ADDITION, RD INSTALL- MENT, BLOCK "B". Mayor Bin or opened the public hearing. Section 8-107 of the City's Zoning Ordinance requires a Specific Use Permit for an outside sales use in a Light Industrial Zoning District. Chrysler Realty Corporation is proposing an automobile dealership for the pro- perty located on the southwest corner of Valmar Way and I.H.35E Service Road. The property is within a Light Industrial Zoning District. The automobile dealership will sell Chrysler and Dodge vehicles, and will consist of offices, showroom and in- side display areas, service and heavy repair area, outside parking and outside display areas. Mayor Binford asked if there was anyone in the audience that wished to speak in favor of the request. The following spoke: Mr. Jeff Smith, partner of the Hayden Company Realtors, presented the request for the Specific Use Permit. Mr. Smith displayed a tentative site plan and pointed out the two construction phases that were planned. Landscaped areas were indicated on the plans. Mr. Smith stated that there would be 35 employees to begin with;andd a goal of 75 employees. Mr. Smith explained that the size of the building is to be 18,000 sq.ft. with the value of approximately $1,300,000.00. Mayor Binford asked if there was anyone in the audience that wished 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. A discussion was held between the members of the Council and Mr. Smith relating to the value of the inventory of the business; whether rail service would be used; and the construction of the slated fence. The Planning and Zoning Commission recommended that the Specific Use Permit be approved. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", approved the Specific Use Permit as requested by the Chrysler Realty Corporation for outside sales auto dealership, as recommended by the Planning and Zoning Commission. Mayor Bin or opened t e pu lic hearing. The Baldwin-Harris Company is the developer of the Metro Square Development located at Ford Road and the L. B. J. Freeway. There are four office buildings planned along Ford Road north of Villa Creek Drive (two are currently under construction and construction is planned to begin shortly on the remaining two). A Sandwich Chef Restaurant is planned for two of the buildings. The building at 12000 Ford Road and the building at 12300 Ford Road will have Sandwich Chef Vol. 30, Page 102. AGENDA ITEM NO. C.5-PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC E PERMIT SHOULD BE SUED FOR NON DRIVE-IN RESTAURANT Restaurants. The restaurants are designed primarily to be used by tenants within the office building. The restaurants are sandwich type operations with very light food preparation. The restaurants are approximately 1600 sq. ft. in area and seat approximately 88 people each. The restaurants close at 4:00 P.M. each afternoon and are not open on Saturday or Sunday. Section 8-114 of the City's Zoning Ordinance requires a Specific Use Permit to conduct a restaurant use in a PD or Office Zoning District. Metro Square Development is in a PD-2 (O,LI) Zoning District. The Planning and Zoning Commission recommended that the Specific Use Permit be granted with the condition that the restaurant be a sandwich type operation with limited cooking facilities. Mayor Binford asked if there was any one in the audience that wished to speak in favor or in opposition to the request. The following spoke: Mr. Bill Bond, Vice President of Baldwin-Harris Company, presented the request for the restaurants in the two buildings. Mr. Bond stated that the reason for the request was to have a place for the tenants of this office complex to have a place to eat lunch. Mr. Bond stated that the restaurants would have a limited menu of soups, salads and sandwiches. The breakfast menu would consist of sweet rolls that they heat. The Sandwich Chef commissary is located on Spring Valley in Farmers Branch. There being no one else wishing to speak, a motion by Councilman Haggerty, a second by Councilman Matthews, all voting "aye", closed the public hearing. Mr. Bond explained that limited cooking facilities is where the food is brought in from the commissary and reheated. Mr. Bond stated that there would be no exterior advertising sign. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", approved the request from Baldwin-Harris Company for the two Sandwich Chef restaurants for buildings at 12200 and 12300 Ford Road, as requested by the Planning and Zoning Commission conditioned the restaurants be sandwich type operations with limited cooking facilities. AGENDA ITEM NO. C.6-PUBLIC HEARING: TO DETERMINE WHETHER SECTION -107 OF THE COMPREHENSIVE ZONING ORDINANCE SHOULD BE AMENDED SO AS TO INDICATE OUTSIDE SALES AS AN ALLOWABLE USE WITH A Mayor Binford opened the public hearing. Section 6-iui or the Comprehensive Zoning Ordinance currently allows outside sales with a Specific Use Permit only in LR-2, C, LI, and HI Zoning Districts and in PD Zoning Districts allowing LR-2, C, LI, and HI uses. Public hearings were initiated by the Planning and Zoning Commission at the request of Turner Hardware to consider amending the Zoning Vol. 30, Page 103. Ordinance to allow outside sales in a LR-1 Zoning District with a Specific Use Permit. Turner Hardware is located in Farmers Branch Shopping Center and is within a Planned Development Zoning District allowing LR-1 uses. Turner Hardware wishes to have outside garden center type sales. The Zoning Ordinance currently prohibits outside sales in the Farmers Branch Shopping Center. The Planning and Zoning Commission recommended that Section 8-107 of the Zoning Ordinance be amended by inserting a new use entitled "Outside Garden Center Sales" as an allowable use with a Specific Use Permit in LR-l, LR-2, C, LI, HI, and PD Zoning Districts allowing LR-1 thru HI uses. The City Administration recommended that the Zoning Ordinance not be amended. Mayor Binford asked if there was any one in the audience that wished to speak in favor or in opposition of the consideration. The following spoke. Mr. B. P. Turner, of Turner Hardware in the Farmers Branch Shopping Center, requested the amendment to the Zoning Ordinance to allow a small outside garden center at the south end of his business. Mr. Turner stated that he planned to make an opening in the south wall and make an enclosed fenced area for the garden center. There would no outside opening in the fence, everyone would have to go in the store to get to the garden center. Mr. Turner requested the Zoning Ordinance to be amended because from the competitive standpoint he needs the garden center for his store and for the area. Mrs. Cynthia Stanaland, 12220 Brisbane, questioned the objection of the City Administration. Mrs. Stanaland asked whether there would be another way to define the outside use rather than going through the zoning aspect. Mrs. Stanaland stated that the garden center might attract people to generate shopping in this area. Mr. Robert Potts, a retail store planner for home centers that consist of hardware, houseware and garden centers, stated that he was in support of Mr. Turner's request. Mrs. Carol Dingman of the Planning and Zoning Commission, commented that the Planning and Zoning Commission acted because "outside sales" as such was not defined in the Zoning Ordinance. 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. After some discussion of possibly allowing this use by some other means, Councilman Quevreaux made a motion to table the consideration until the next Council meeting in order that the administration and legal staff can prepare a proposed ordinance that would contain the type of an operation requested by Mr. Turner. Vol. 30, Page 104. Councilman Dodd seconded the motion. The motion carried 3 to 2 with Councilmen Quevreaux, Dodd and Matthews voting "aye", and Council- men Haggerty and Johnson voting "nay". City Attorney John Boyle brought to the attention of the Council that a definite date needs to be set since the matter was a public hearing and to avoid readvertisement of such. Upon some discussion that a majority of the Council members would be out of the city at the next regularly scheduled meeting time, a motion by Councilman Johnson, a second by Councilman Dodd, all voted "aye", took out of order Agenda Item No. D.6 to discuss and consider at this point in the meeting. AGENDA ITEM NO. D.6-CONSIDER COUNCIL MEETING DATES FOR MONTH OF MARCH. Councilmand Johnson made a motion that the date of the next Council meeting be the third Monday night of the month of March which is March 19th, and that be the only meeting for the month of March. Councilman Dodd asked to amend the motion to include setting the date of April 9th as the first meeting date in April since the first regularly scheduled meeting falls on April 2, which is the Monday before the City Election on Saturday, because the Council according to the City Charter will have to hold a meeting to canvass the election within five days after the election. Councilman Johnson would not accept the amendment to the motion because he desired that the meeting canvassing the election would be for that purpose only; and that the dates remain as scheduled for the first a third Mondays for the month of April. Councilman Matthews second the motion. The motion carried 4 to 1 with Councilmen Johnson, Matthews, Ouevreaux and Haggerty voting "aye", and Councilman Dodd voting "nay". A lengthy discussion was held between the members of the Council relating to setting the dates for Council meetings for the month of April. Mayor Binford explained that setting dates of meetings for the month of April was out of order because it was not an item on the agenda. The City Council proceeded with the next item on the agenda. AGENDA ITEM NO. C.6-ACTION SETTING SPECIFIC DATE FOR CONSIDERA- TION OF ALLOWABLE USE FOR OUTSIDE GARDEN TYPE SALES. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", continued the consideration of Agenda Item No. C.6 until the Council meeting date of March 19, 1979. Vol. 30, Page 105. AGENDA ITEM NO. C.7-CONSIDER REQUEST FOR APPROVAL OF A REPLAT OF A PART OF TRACT B BLOCK 1, OF REVISED VALLEY VIEW PLACE ADDITION, FIRST INSTALLMENT FOR THE OMELET SHOPPE. Mayor Bin ford gave the following information from a memo to the Council from the City Administration: A Specific Use Permit was approved for the Omelet Shoppe by the Council on January 15, 1979. The Omlet Shoppe is located in a Commercial District. The property is part of the Valley View Place Addition. The property is being replatted to create a building site and to dedicate an access and fire lane easement. The access and fire lane easement is to be located along the west side of the Omelet Shoppe pro- perty. The easement will serve not only the Omelet Shoppe property, but also the LaOuinta Motor Inn. State law requires that plats be approved or not approved within 30 days, after approval by Planning and Zoning Commission. Conditional approvals by the City Council are not recognized by State Statutes. All items, contracts, or conditions needed or required by the City must be complete before a plat is approved by the City Council. If the Omelet Shoppe plat is not approved by the City Council, it can be brought back to the Council at a later date without going back to the Planning and Zoning Commission. The Planning and Zoning Commission recommended that the plat be approved subject to the following conditions: 1. The easement pavement to be curbed and there be 5' between the curb and the west wall of the Omelet Shoppe building. 2. The easement be wide enough to provide adequate turn radii for the largest piece of fire fighting equipment. The City Administration recommended that the plat not be approved until all conditions recommended by the Planning and Zoning Commission are satisfied and a Developers Contract is completed providing for the construction and maintenance of the access easement, and relocation of the median cut in Valley View Lane. Mr. Wayne Claycomb, representing the Baptist Foundation, was present in behalf of the request. Mr. Claycomb stated that a plat has been submitted to the City Staff showing the 25' ease- ment going straight down to Valley View Lane and cutting off that part that goes out to the west; also shown is the median cut in Valley View Lane being moved over to line up with Valley View. Mr. Claycomb requested the plat be approved subject to this being accomplished. He stated that he was unaware of the problems in the recommendation of the City Administration's for-he thought the problems had been worked out. Upon discussion, City Manager Paul West explained that the Administration is requesting the Council to approve the plat conditioned upon the fulfillment of the conditions placed on the plat. State Law provided that if a plat is not approved within 30 days after submission then it becomes approved auto- matically. Once the plat is filed then there is no way of getting the conditions fulfilled. Vol. 30, Page 106. Mr. West stated that a Developers Contract would name the proper persons who would be responsible in guaranteeing that the conditions will be accomplished. Mr. West stated that more than one property owner is involved in this project and it is unknown who is responsi- ble for what. Councilman Haggerty asked whether the plat could be approved with the Mayor signing the plat after the City has approved the Deve- lopers Contract. Mr. West stated that the property owners could submit a letter waiving the right to have the plat of the property approved or disapproved within 30 days of the date the plat was filed. Mr. Claycomb stated that he would write a letter waiving the 30 day provision. Mayor Binford announced that this consideration will be taken up later in the meeting in order to give time for Mr. Claycomb to prepare a letter with the help of the City Attorney. AGENDA ITEM NO. C.8-CONSIDER REQUEST FOR APPROVAL OF A REPLAT OF PART OF LOT 2, BLOCK A, OF J. L. WILLIAMS INDUSTRIAL PARK N0. T. Mayor Binford gave the following information from a memo to the Council from the City Administration: The property is located along the east side of Welch Road immediately north of the South- land Plumbing Supply Company. The property is being platted in order to create a building site for a future office warehouse building. The plat dedicates water line easements, and fire lane easements. The Planning and Zoning Commission recommended the replat be disapproved for the following reasons: 1. The proposed east-west water main utility easements do not provide for the proper location of fire hydrants. The proposed fire hydrant location creates a conflict with the parking lot. 2. The water line utility easements shown on the plat are only 10' wide. The Subdivision Ordinance requires a minimum of 15' wide utility easements. 3. The original survey and abstract numbers are not shown on the plat. 4. The water main extension plans (engineering drawings for construction) have been submitted and reviewed for this development. The plans were not approved and revised plans have not been resubmitted for review. The City's Subdivision Ordinance requires that engineering plans be approved prior to final plat approval. Vol. 30, Page 107. i Information given to the Council at the pre-Council meeting explained that the Developer has submitted a revised utility plan and a revised plat. The plat has been reviewed by the City's Engineering Division. The plat complies with all City require- ments for replat approval. The plat corrects the four deficiencies recognized by the Planning and Zoning Commission as reasons for denying the replat. Based upon the corrected plat and new information submitted, the City Administration recommended the replat be approved. A motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", approved the replat submitted for a part of Block 2, Block A of the J. L. Williams Industrial Park No. 1. AGENDA ITEM NO. C.9-CONSIDER REQUEST FOR AN AMENDED SITE PLAN APPROVAL OF THE PROPERTY AT 2410 VALLEY VIEW LANE. REQUESTED_ BY WORD OF FAITH OUTREACH CENTER CHURCH. Mayor Binford gave the following information from a memo to the Council from the City Administration: The Word of Faith Outreach Center Church Inc. has purchased the shopping center located at 2410 Valley View Lane. The previous owner of the center was Dr. Bibb Ballard. The church is using part of the shopping center for church offices. The church has installed a day nursery within the shopping center. A day nursery is an allowable use in a Commercial Zoning District. The property is within PD-5 (C) Zoning District. The State of Texas has licensed the nursery for 54 children. The State is requiring a playground area. The playgound area must be fenced. The Word of Faith Church is proposing to enclose an area at the northwest corner of their property for the playground. Construction of the fence will make 13 parking spaces unaccessable. The existing uses within the shopping center require 91 parking spaces. If the fence is constructed there will be 93 parking spaces on the property. The areas of the building now being used as offices and a day nursery cannot, in the future, be converted back to retail use, because there will not be sufficient parking to comply with the parking requirements for retail uses unless the proposed fence is removed. The proposed fence will be a 4' chain link fence with slats added to the portion of the fence facing Valley View Lane. The Planning and Zoning Commission recommended that the amended site plan be approved. Rev. Robert Tilton, pastor of the Word of Faith Outreach Center Church, was present in behalf of the request. After some discussion with Rev. Tilton, a motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", approved the site plan submitted by the Worth of Faith Outreach Center Church Inc., as recommended by the Planning and Zoning Commission. Vol. 30, Page 108. AGENDA ITEM NO. C.7-ACTION OF REPLAT OF THE OMELET SHOPPE. Upon the receipt o a letter authorizing a waiver o the 0 day provision of the State Statutes relating to the approval or disapproval of plats, a motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", approved the replat submitted for the Omelet Shoppe conditioned upon an acceptable Developer's Contract being executed; an acceptable road main- tenance agreement being executed; and accepted the letter from Mr. Wayne Claycomb waiving the right to have the plat of the Omelet Shoppe property approved or disapproved within thirty days of the date the plat was filed as authorized in Article 974-A of the State of Texas Statute concerning subdivision plats and the Codes of the City of Farmers Branch. AGENDA ITEM NO. C.10-CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR MAINTENANCE OF MUTUAL PROPERTY ACCESS EASEMENTS WITHIN THE FARMERS BRANCH OFFICE PARK. Mayor Bin ord gave the following information from a memo to the Council from the City Administration: The drives within Farmers Branch Office Park have been dedicated to the City as fire lanes, but not as streets. The responsibility for maintenance of these drives and fire lanes currently lies with the Developer of the Office Park. The Developer has been selling tracts and buildings within the Office Park to others. In the process of these sales, certain drives have been recorded as mutual property access easements for the benefit and use of all property owners within the Office Park. Due to the multiple ownerships, a question has been raised as to the possible future maintenance of these drives. Under the agreement for consideration, responsibility for main- tenance would remain with the Developer. However, in case of default by the Developer, the City would have the ability to affect necessary maintenance, and to assess all property owners in the Office Park on a pro-rata basis for the cost of necessary maintenance. The City Administration recommeded that this item be tabled until further discussions between the City and the developer can take place. Councilman Dodd made a motion to table this item. Councilman Quevreaux seconded the motion. Councilman Haggerty stated he desired to hear discussion from the developer since he was present. Councilman Quevreaux withdrew his second to the motion, and Councilman Dodd withdrew his motion to table. Vol. 30, Page 109. Mr. Jack Griffin of Trannel Crow Company stated that they desire to construct a 10 story building. He requested site plan and plat approval subject to finalizing a Developers Contract agreement with the City Staff. Mr. Griffin stated that the 10 story building would contain 200,000 sq.ft. of office space. He reported that there are other developments for the property which would include a restaurant and possibly a 6 story office building. Councilman Haggerty discussed with Mr. Griffin concerning the traffic problems on Inwood Road at L. B. J. Freeway. Mr. Griffin stated that a traffic engineer consultant had been retained to come up with a recommendation for a solution. After more discussion, a motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", tabled this consider- ation. AGENDA ITEM NO. C.11-CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A DEVELOPER'S CONTRACT BETWEEN CROW-SUBURBAN NO. AND THE CITY OF FARMERS BRANCH, AND ACCEPT A HOLD HARMLESS AGREE- MENT FOR FARMERS B NCH OFFICE PARK, PHASE Mayor Binford gave the following information from a memo to the Council from the City Administration. This tract is the last property in Farmers Branch Office Park to be held by the original developer. The tract is proposed to be developed with an office building in the future. With the recent development within the Office Park, problems of City interest have come to light. These include the creation of building sites without replatting, and traffic congestion on adjacent streets. In addition to the public improvements necessary for development of the future office building, this Developer's Contract specifies the Developer's responsibility to remedy these problems brought about by his development. The City Administration recommended that this item be tabled until further discussions between the City and the developer can take place. A motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", tabled this consideration. AGENDA ITEM NO. C.12-CONSIDER REQUEST FOR SITE PLAN APPROVAL OF FARMERS BRANCH OFFICE PARK PHASE II. Mayor Binford gave the following information from a memo to the Council from the City Administration. Farmers Branch Office Park is located at the northwest corner of Inwood Road and L. B. J. Freeway. The Office Park is zoned LI. The develop- ment standards require that a site plan be approved prior to additional improvements being added to the Office Park. A site plan has been submitted showing the location of an addi- tional 10 story building and 3 level parking garage. The site plan complies with parking and zoning requirements of the City. Vol. 30, Page 110. The Planning and Zoning Commission recommended that the site plan be approved with the following conditions: 1. The property be platted and firelanes be dedicated. 2. A landscape plan be submitted and approved prior to occupying the building. 3. All ground signs (permanent signs only) be approved on the site plan prior to erection. 4. Refuse container locations be added to the site plan and the refuse containers be screened. The developer has prepared a plat and is dedicating the firelanes and has agreed to comply with the conditions recommended by the Planning and Zoning Commission. The City Administration recommended that the site plan be approved with the recommendations as stated by the Planning and Zoning Commission. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", approved the site plan submitted for the Farmers Branch Office Park, Phase II, as recommended by the Planning and Zoning Commission subject to the 4 conditions listed above. AGENDA ITEM NO. C.13-CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A DEVELOPER S CONTRACT BETWEEN CROW-SUBURAN No. 3 AND THE CITY OF FARMERS BRANCH, AND ACCEPTING A HOLD HARMLESS AGREE- MENT FOR FARMERS BRANCH OFFICE PARK PHASE II. Mayor Bin or gave the following in ormation from a memo to the Council from the City Administration: The Developer's Contract submitted for consideration provides for the installation of all required public improvements for Farmers Branch Office Park, Phase II, in accordance with the current Subdivision Ordinance. The property is in the process of being platted and all public improvements will be installed according to the provisions of the contract before the issuance of any Certificates of Occupancy. The City Administration recommended that this item be tabled until further discussions between the City and the developer _can take place. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", tabled this consideration. AGENDA ITEM NO. C.14-CONSIDER REQUEST FOR REPLAT APPROVAL OF FARMERS BRANCH OFFICE PARK PHASE II. Mayor Bin ford gave the o owing information from a memo to the Council from the City Administration: A part of Farmers Branch Office Park is being replatted in order to create a building site for a new 10 story office building and a 3 level parking structure. Representatives of Farmers Branch Office Park and the City met to discuss a Developer's Contract for the replat. Concerns of the City were access of property owners within the Offic Park to public streets and access ways, maintenance of fire lanes and access ways, traffic control, and responsibility of maintenance. Vol. 30, Page 111. The original development was owned by the Trammell Crow Company. Streets within the development were not public streets but fire- lanes and access easements. Property within the Offic Park is now being sold off to separate owners. There is a traffic pro- blem at certains times of the day at the Office Park. With the construction of additional office buildings and the hotel traffic will increase. The Developer has entered into an agreement to define the responsi- bility for resolving the problem of maintenance of the firelane and access easements. In addition, the Developer has entered into a Developer's Contract for this site specifying the construc- tion of all required public improvements and has agreed to work toward a solution to the traffic problems adjacent to this site. The Planning and Zoning Commission recommends that the plat be approved with the condition that the Office Park be replatted and each individually and separately owned piece of property be indicated, that firelanes and access easements be indicated and that firelanes and access easement ownership be indicated. The City Administration recommended that this item be tabled until further discussions between the City and the developer can take place. A letter was submitted to the City Manager this date from the Trammell Crow Company signed by Jack Griffin, the General Partner, waiving the right to have the plat approved or disapproved with- in thirty days of the formal filing of the plat as specified in Article 974-A, State of Texas Statute concerning subdivision plats and the Codes of the City of Farmers Branch. After some discussion, a motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", approved the replat submitted for Farmers Branch Office Park Phase II conditioned upon an acceptable Developer's Contract being executed; an acceptable road maintenance agreement being executed; and accepted the letter from Mr. Griffin waiving the right to have the plat of the Farmers Branch Office Park Phase II pro- perty approved or disapproved within thirty days of the date the plat was filed as authorized in Article 974-A of the State of Texas Statute concerning subdivision plats and the Codes of the City of Farmers Branch. Vol. 30, Page 112. AGENDA ITEM NO. D.1-DISCUSS ADJUSTING COMMON CITY LIMIT BOUNDARY WITH THE CITY OF CARROLLTON. Mayor Bin or explained that t is item has been placed on the Agenda as requested by the Council at its last meeting. Mayor Binford reported that he had contacted Carrollton Mayor Steenson and asked that the items for boundary adjustment discussed at the last meeting be placed on the Carrollton agenda which they were not. He stated that comments to him indicated that the Carrollton Council would not approve the items proposed. A motion by Councilman Dodd, a second by Councilman Haggery, all voting "aye", withdrew the offer made to the City of Carrollton for city limit adjustments. After some discussion of the request from the Connell Development company for a sewer line easement, Councilman Haggerty made a motion to approve the use of the existing maintenance agreement for the purposes of a sewer line, which sewer line will be installed at the total cost of the developers and maintained by the City of Carrollton and metered by the City of Carrollton. Councilman Dodd seconded the motion. Councilman Matthews questioned whether or not the Council could vote on the matter because it was not on the agenda. City Attorney John Boyle stated that it was his opinion that the Council did not have the ability to take action on this matter because it was not advertised on the agenda. Councilman Dodd withdrew his second to the motion. Councilman Haggerty withdrew his motion. AGENDA ITEM NO. D.2-DISCUSS CITY COUNCIL PROCEDURE. Councilman Do made a motion to table this consi eration until after the City Council election. Councilman Johnson seconded the motion. The motion carried 4 to 1 with Councilmen Dodd, Johnson, Quevreaux and Matthews voting "aye", and Councilman Haggerty voting "nay". Councilman Haggerty made a motion that the item be place on the agenda of the April 16th meeting. Councilman Dodd seconded and all voted "aye". AGENDA ITEM NO. D.3-CONSIDER RESOLUTION OPPOSING THE REMOVAL OF LOCAL ORIGINAL JURISDICTION OVER NATURAL GAS AND ELECTRIC RATES. This item was placed on the agenda at the request of Councilmen Quevreaux, Dodd and Haggerty. Vol, 30, Page 113. Councilman Dodd read Resolution No. 79-005 that had been prepared for consideration opposing the removal of local original jurisdiction over natural gas and electric rates. After some discussion, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", adopted Resolution No. 79-005 that was read by Councilman Dodd. AGENDA ITEM NO. D.4-CONSIDER ADOPTING ORDINANCE NO. 1235, PROHIBITING TRUCKS OR TRAILERS EXCEEDING MANUFACUTURER'S RATED CARRING CAPACITY OF 3/4 TON ON PEBBLE BEACH DRIVE FROM MARSH LANE TO WEBB CHAPEL ROAD. This item was placed on the agenda at the request of Councilman Dodd. Proposed Ordinance No. 1235 was reviewed by the Council. Councilman Dodd stated that this consideration was brought to his attention by citizen input and that the street is not built to handle heavy truck traffic. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", adopted the following captioned Ordinance No. 1235: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROHIBITING TRUCK OR TRAILER EXCEEDING MANUFACTURER'S RATED CARRYING CAPACITY OF 3/4 TON ON PEBBLE BEACH DRIVE BETWEEN MARSH LANE AND WEBB CHAPEL ROAD; PRO- VIDING FOR EXCEPTIONS; PROVIDING FOR INSTALLATION OF SIGNS; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVER- ABILITY CLAUSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. D.5-CONSIDER ADOPTING ORDINANCE NO. 1236, ANNEXING PROPERTY LOCATED SOUTH OF VALWOOD PARKWAY AND WEST OF CHICAGO ROCK ISLAND AND PACIFIC RAILROAD CONTAINING APPROXIMATELY 0.53 ACRES. Mayor Binford gave the following information from a memo to the Council from the City Administration: The City of Carrollton has disannexed this property for a city limit line boundary adjustment. A public hearing concerning this matter was held at the last Council meeting. This will be the first reading of the Ordinance. If approved, the Ordinance will have to be read and passed again at the Council meeting to be held April 2, 1979. A motion by Councilman Johnson, a second by Councilman Ouevreaux, all voting "aye", passed the first reading of the following captioned Ordinance No. 1236: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ANNEXING THE HEREINAFTER DESCRIBED TRACT NO. 1 TO THE CITY OF FARMERS BRANCH, DALLAS COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS; GRANTING TO ALL THE INHABI- TANTS AND OWNERS OF SAID TRACT NO. 1 MORE ACCURATELY DESCRIBED BELOW, TO BE ANNEXED BY THE CITY OF FARMERS BRANCH, TEXAS, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS, AND BINDING ALL INHABITANTS BY ALL THE ACTS, ORDINANCES AND REGULATIONS OF THE CITY OF FARMERS BRANCH, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE AND DECLARING AN EMERGENCY. Vol. 30, Page 114 AGENDA ITEM NO. D.6 WAS DISCUSSED AFTER AGENDA ITEM NO. C.6. AGENDA ITEM NO. E.1-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR CHEMICALS. A motion by Councilman Johnson, a second by Councilman Matthews, all voting "aye", authorized the advertisement for bids for chemicals. 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 LITIGA- TION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. F.1-EXECUTIVE SESSION. a. Discuss Personnel Matters City Manager Paul West reported to the Council that he had been asked to apply for the City Manager's position with the City of Abilene. b. Discuss Land Acquisition. City Manager Paul West reported that there is a shortage in ball practice fields and the Staff is looking for possible solutions. C. Discuss Pending and Contemplated Litigation. City Manager Paul West informed the Council that he had been asked to a meeting to discuss the water rate case and that he had refused because the case is still pending. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. F.2 There was no necessary action to be taken on the item of Personnel matters. AGENDA ITEM NO. F.3-NECESSARY ACTION ON PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Councilman Johnson made a motion t at in light of the fact that the litigation has not been concluded on the water rate case matter that no member of the City Staff should attend meetings of discussion of the case. Councilman Matthews seconded the motion. All voted "aye". AGENDA ITEM NO. F.4 There was no necessary action to be taken on the item of Land Acquisition discussed in the Executive Session. Vol, 30, Page 115. AGENDA ITEM NO. G.1-ADJOURNMENT. a motion by Councilman Quevreaux, a second by Councilman Haggerty all voting "aye", adjourned the City Council meeting of February 19, 1979 at 10:30 P.M.. '000~~- AAV~~ M yor Bil Binf-aff d - 1, ~ a,4 Ci Secretary. Vol. 30, Page 116.