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1977-01-17 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING January 17, 1977 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro Tem Bill Binford C ouncilmen: John D odd Fred Johnson Ken Quevreaux W. R. Linn Members of the City Administration present were: City Manager Paul M. West City Attorney Doug McCallon City Secretary J. W. Wade Director of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of January 17, 1977 to order at 7:30 p. m. . AGENDA ITEM NO. 1. -INVOCATION J. W. Wade gave the invocation. AGENDA ITEM NO. 2. -APPROVAL OF MINUTES - January 3, 1977 After some consideration, a motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", approved the minutes of the City Council meeting of January 3, 1977, as submitted. AGENDA ITEM NO. 3. - PRESENTATIONS Councilman Quevreaux presented City Manager Paul West with an Aggie Flashlight from the members of the City Council. Mr. Cliff Bradford, president of the Carrollton-Farmers Branch Soccer Association, presented a plaque expressing appreciation to the Parks Department of the City for their cooperation and work for the success of the soccer program. Mayor Grimmer accepted the plaque in behalf of the city. AGENDA ITEM NO. 4. -CONSIDER. RESOLUTION NO. 77-001 APPROVING TEMPORARY CIVIC AND PHILANTHROPIC USE. After some consideration, a motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", adopted Resolution No. 77-001 granting the City's annual clean-up campaign scheduled March 19 through Vol. 26, Page 93. April 2, 1977, to conduct a flea market on the parking lot located directly north of the Central Bank and Trust drive-in banking facility. This location is owned by Central Bank and Trust and the city has permission to use the parking lot for the flea market event. After some consideration, a motion by Councilman Binford, a second by Councilman Johnson, all voting "aye", adopted Resolution No. 77-005 which establishei§ March 19, 1977 through April 2, 1977 as the 1977 Clean- Up Campaign for Farmers Branch. AGENDA ITEM NO. 5. -CONSIDER REQUEST FOR REVISING THE STREET PLAN FOR THE PROPERTY LOCATED BETWEEN WEBB CHAPEL AND TEMPLETON TRAIL, NORTH OF L. B. J. FREEWAY. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: Mr. Jack Bailey of Brook- haven Medical Center wishes to discuss an alternate thoroughfare plan covering the Brookhaven Medical Center property. Mr. Jack Bailey with Brookhaven Medical Center was present and presented a request for consideration of an alternate street plan for Brookhaven Medical Center. Copies of the thoroughfare plan for the areaAn question were displayed by Mr. Bailey. Mr. Bailey stated that at the time the 1974 plan was adopted there was a possibility that the Texas Highway Department would consent and authorize a street coming into the complex off the service road of L. B. J. Freeway. Mr. Bailey stated that at this time it appears the access road will not happen. Mr. Bailey presented two modifications to the original 1974 plan. (1) That the middle road not be developed but remain as an access ease- ment and not the required dedication of right-of-way in the form of a street. Mr. Bailey stated that the road' would be planned if in the event there should be additional development on the site other than from the existing owners. (2) That there be a change in the way the street on the north side meets at the center. In the 1974 plan, the street went directly across the channel and turned south and' connected to the road off the L. B. J. service road which was planned. TheMedical Center contemplates the continuation of the road across the channel and would eventually connect with Morningstar Lane. Mr. Bailey requested the Council to study and consider these proposals. City Manager Paul West stated that the Administration had been working with the Medical Center on areas of concern but have not resolved all of the problems in question. After more discussion, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", continued the consideration of the Vol. 26, Page 94. proposals by the Brookhaven Medical Center for further study with the City Administration; and that the item be presented back to the Council after study. AGENDA ITEM NO. 6. -CONSIDER REQUEST FOR REVISING THE DEVELOPER'S CONTRACT FOR. BROOKHAVEN HOSPITAL AREA. Mr. Jack Bailey with Brookhaven Medical Center requested consider- ation for revisions to the Developer's Contract for the Brookhaven Hospital area. Mr. Bailey explained that the City Subdivision Ordinance requires the completion of all improvements within a platted area.. Mr. Bailey requested that the construction of a box culvert over the channel and the completion of the channelization to I. H. 635, be temporarily postponed until further development on the property. After some discussion, a motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", tabled this consideration for further study by the City Aministration; and, that the item be presented back to the Council with recommendation after the study. AGENDA ITEM NO. 7. -PUBLIC HEARING: CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR BROOKHAVEN MEDICAL CENTER., LOCATED ON THE NORTHEAST CORNER OF WEBB CHAPEL AND L. B. J. FREEWAY. REQUESTED BY BROOKHAVEN MEDICAL CENTER.. This item was withdrawn for consideration at the request of Mr. Jack Bailey, Administrator of the Medical Complex. AGENDA ITEM NO. 8. -CONSIDER REQUEST FOR AMENDMENT THE MINIMUM HOUSING ORDINANCE TO ALLOW UNVENTED FUEL SPACE HEATERS. Mr. Alvin Thomas, 2668 Leta Mae Lane, presented a request for an amendment to City Ordinance 1038, Section VII, the Mechanical requirement to delete "no unvented fuel-burning space heater" from the ordinance. Mr. Thomas would like the Code to be amended to allow unvented fuel burning space heaters in residential homes. Mr. Thomas owns several residential houses in Farmers Branch and feels that the cost of installing unvented heaters is excessive. Mr. Thomas reported of taking a survey of some 400+ homes in various areas of Farmers Branch inquiring about the use of unvented heaters. He reported that he found several of the homes having two to three space heaters along with one main heater. He also found that many homes why have had their garages turned into a room have a space heater. Mr. Thomas stated he also found several homes with butane tanks. Vol. 26, Page 95. Mr. Thomas told of various incidents caused by fire that were from vented heaters. The provision of Section VII, of Ordinance 1038, (1) Heating, is: Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of 700F. at a point 3 feet above the floor in all habitable rooms. Such facility shall be installed and maintained in a safe condition and in accordance with the require- ments of the Building Code, Mechanical Code, and all other applicable laws and ordinances. No unvented fuel-burning heater shall be permitted. All heating devices or appliances shall be an approved type. Mr. Thomas reported that citizens which were found with unvented heaters were not informed of having an opportunity for appeal to a Board of Appeals or to the City Council. After a period, of discussion, Vouricilman Quevreaux made a motion to return the amended ordinance to the City Administration to see if it could be restructured so it could be applied such as the smoke detector ordinance is. Councilman Dodd seconded the motion. There was discussion between the members of the City Council and Mr. Thomas of having the same provisions of requiring unvented heaters like that of the smoke detector. Mr. Thomas did object to the provision of requiring the installation of a vented heater when a Change of Occupancy (CO) is issued. Councilman Dodd made an amendment to the original motion to exclude the enforcement of the ordinance on CO's. After this discussion the Mayor asked Councilman Quevreaux to restate his motion. Councilman Quevreaux stated his motion to return the amended ordinance to the City Administration. They are going to come up with a suggestion for a revision to the ordinance that both parties can live with. In the meantime, the improvements idea is that they have to have a vented heater where there are improvements made and postpone enforcement until the next Council meeting. The motion carried with all voting "aye". Vol. 26, Page 96. AGENDA ITEM NO. 9. -CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR A POSTAL FACILITY LOCATED AT JOSEY LANE AND DENNIS LANE. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: Site Plan approval for the postal facility was denied by the City Council in December of 1976, ANPH Architects has prepared a new site plan. The new plan fronts the post office building on Dennis Lane. Parking for mail carriers and delivery vehicles will be along Josey Lane. The site plan does not indicate signage or landscaping. One of the concerns of the Council at the last meeting was traffic from the site. Mayor Grimmer stated that the revised site plan shows the customer service vehicles entering and exiting on-Dennis Lane. It shows that all mail vehicles will, be entering and exiting on Mosey Lane. The plan also shows a passage through the property from Dennis Lane to the Josey Lane side. Another concern discussed was the drainage problems. Councilman Johnson made statements objecting to the traffic, particu- iairly the truck traffic that will be encouraged onto Josey Lane. Mr. Andy Nagurney of ANPH Architects, was present in behalf of the postal facility site plan. Mr. Nagurneyy stated that his firm had worked with the City Engineers on trying to evolve a site plan that would be feasible to both the U. S. Postal Service and the City of Farmers Branch. Mr. Nagurney described the revised site plan giving the on and off site traffic circulation patterns, the parking areas and the drainage plans. Mr. Nagurney explained the time schedule plans of delivery trucks and that of' the carrier vehicles that will be entering and leaving the site. Mr. Nagurney stated that landscaping was included in the plans. Mr. Virgil Downing, project architect representing the Postal Service was present also. Some of the members of the City Council voiced objection to the selection of this particular site which was purchased to build a post office on. Councilman Dodd pointed out the provision in the Supremacy Clause of the United States Constitution. After more discussion, Councilman Linn made a motion to approve the site plan with the conditions recommended by the City Administration concerning the masonry screening wail, the gates in the screening wall, signs to be shown on site plan, shrubs and other landscaping shown along customer parking areas on the Dennis Lane side, Shrubs or other landscaping along the screening wall along Josey Lane, Trees and landscaping to be added on the site plan along the northeast property line and along the property line adjoining the service station, sidewalks to be shown along Dennis and Joseyy Lanes, and, the driveway along the northeast property line be discontinued from the maneuvering area fence to the customer parking area. Vol. 26, Page 97. Councilman Dodd seconded the motion. There was more discussion between members of the City Council and Mr. Nagurney concerning the drainage of the property, added truck traffic on Josey and Dennis Lanes, and the location site. The motion failed 2 to 3. Councilmen Dodd and Linn voted "aye", and Councilmen Johnson, Binford and Quevreaux voted "nay". AGENDA ITEM NO. 10. -CONSIDER. ORDINANCE ESTABLISHING ZONING OF THE OAKBROOK-ON-BROOKHAVEN PROPERTY. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: On December 20, 1976 the City Council rezoned the Oakbrook-on-Brookhaven development to a planned development zoning district allowing a specific mixture of land uses. Amended Ordinance No. 1123 being presented for consideration describes the location of the zoning. A transparency was displayed showing the areas of zoning as described in the ordinance. City Manager Paul West pointed out that only the areas marked with the dark lines are the areas described in the ordinance, and all other lines indicating possible lot lines should be disregarded. It was also pointed out that the word "duplex" written on the sketch on an area now marked Single Family Detached Dwellings should be disregarded. Mr. Rueben Rameriz of Club Corporation of America was present and stated that in his opinion the site is difficult to develop by the surrounding and adjoining areas. Mr. R.ameriz stated that he sees possible- problems in developing the area between Oakbrook Parkway (which is zoned MF-2) and the R-3 zoning. Mr. Rameriz requested consideration from the City Council for some flexibility in the metes and bounds describing the area zoned MF-2 (Single Family Attached) south of Oakbrook Parkway. Mr. R.ameriz stated that the density, the total acreage, and the total units would remain the same. After some discussion between the members of the Council and Mr. R ameriz, a motion by Councilman Dodd and a second by Councilman Quevreaux, adopted the following captioned Ordinance No. 1123: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH AS HERETOFORE AMENDED; BY AMENDING THE ZONING DISTRICT CLASSIFICATION ON PHASE I B, PHASE I C AND PHASE III OF OAKBROOK ON BR.OOKHAVEN AS PLATTED AND RECORDED WITH THE COUNTY OF DALLAS FROM PD-12 IMF-21 AND PD-13 IMF-21 TO PD-21 ALLOWING CERTAIN SPECIFIC USES, REQUIRING SITE PLAN APPROVAL; ESTABLISHING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND CREATING AN EMERGENCY. The motion carried 4 to 1, with Councilmen Dodd, Quevreaux, Johnson and Binford voting "aye", and with Councilman Linn voting "nay". Vol. 26, Page 98. AGENDA ITEM NO. 11. -CONSIDER RESOLUTION SUSPENDING THE TEXAS POWER AND LIGHT COMPANY RATE INCREASE REQUEST. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: Resolution No. 77-004 being presented for consideration will suspend the Texas Power and Light Company rate increase for 120 days or until May 26, 1977. Without this extension Texas Power & Light could place the proposed rates in effect after January 26, 1977. This authority is granted to Texas Power & Light Company in the Public Utility Regulatory Act of 1975. This extension will allow sufficient time to study the merits of the information submitted by Texas Power & Light Company concerning the rate request. Councilman Quevreaux stated that he had requested several items of information from Texas Power and Light Company and had not received them. He stated that he would like to receive this information before he would be able to take any position on the request. A motion by Councilman Linn, a second by Councilman Dodd, all voting "aye", adopted Resolution No. 77-004 that suspends the Texas Power and Light Company rate increase for 120 days. AGENDA ITEM NO. 12. -CONSIDER. SETTING PUBLIC HEARING DATE TO CONSIDER. THE TEXAS POWER AND LIGHT COMPANY'S RATE INCREASE REQUEST. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: The Public Utility Regulatory Act of 1975 requires a public hearing on all major rate increases proposed by a utility. The Texas Power and Light Company request is an estimated 34% increase. The public hearing is required to be held within 30 days of the requested effective date of the rate increase. This 30 day period will expire February 25, 1977. The public hearing will allow both Texas Power and Light Company and the consuming public to be heard by the Council. The City Administration recommended the public hearing be held at the regular City Council meeting on February 21, 1977. Councilman Quevreaux requested that the District Manager of Texas Power and Light Company be contacted and find out why a rate application was withdrawn from a city, south of this area, until the Public Utility Commission rules on the Central Power and Light increase. And why the City of Farmers Branch cannot do the same thing to prevent the holding of the public hearing. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", set the date of February 21, 1977 for the public hearing on the f Texas Power and Light Company rate request. Vol. 26, Page 99. AGENDA ITEM NO. 13. -CONSIDER AUTHORIZING THE CITY TO PARTICIPATE WITH THE TEXAS MUNICIPAL LEAGUE AND OTHER. CITIES IN THE TEXAS POWER AND LIGHT RATE REQUEST. After some discussion, a motion by Councilman Dodd, a second by Councilman Linn, all voting "aye", authorized the city to join with the Texas Municipal League and other cities in the presentation of evidence with respect to Docket #178 pending before the Public Utility Commission. AGENDA ITEM NO. 14. -CONSIDER. CLASSIFICATION OF NEW AND UN- LISTED USES. -PAPER. RECYCLING PLANT. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: Mr. Dick Getter, a resident of Farmers Branch, is proposing to locate a paper recycling plant on Distribution Way. The proposed location is in a Light Industrial zoning district. The recycling process will consist of accepting delivery of scrap paper, sorting paper as to grade and type, baling sorted paper, bale storage, and shipping bales by rail and truck. Delivery of this paper to the recycling facility will be done by several methods; company owned collection trucks, individual residents (automobiles and pick-ups), and other privately owned business vehicles. Mr. Getter has stated that the only equipment proposed for his plant will be a conveyor belt and baling maching. A shredder may be added later if approved by the city. The Planning and Zoning Commission recommends that the use by classified as Inside Paper Sorting and Baling for Recycling, and be allowed in heavy industrial zoning districts, in light industrial zoning districts with a specific use permit, and be prohibited from all other zoning districts of the city. After some discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", adopted Resolution No. 77-002 that the classification as Inside Paper Sorting and Baling for Recycling be allowed in Heavy Industrial zoning districts, in light industrial zoning district with a specific use permit and be prohibited from all other zoning districts of the city. AGENDA ITEM NO. 15. - CONSIDER. INITIATING RESOLUTION FOR IMPROVEMENTS ON THE SOUTH SIDE OF ALPHA ROAD AT THE INTER- SECTION OF BETA ROAD. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: The east bound land of Alpha Road from a point 21 feet west of the centerline of Beta Road to a point 83. 05 west shall be improved with 6" 3, 000 P. S. I. reinforced concrete pave- ment with 6" lime treated subgrade. This section of Alpha Road is ad- jacent to an unplatted tract of land and condemnation proceedings have begun to acquire the necessary right-of-way for this paving. Resolution No. 77-003 being presented is the initial step required by State law for approval of scope and content of assessment paving project. Vol. 26, Page 100. After some discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", adopted Resolution No. 77-003 initiating improvements on a portion of Alpha Road. OTHER. COMMENTS Mr. Alvin Thomas discussed the problem of getting onto L. B. J. Freeway from Valley View Lane west of I. H. 35. MAYOR GRIMMER. ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAD BEEN CONCLUDED. AFTER A SHORT RECESS THE COUNCIL WILL RECONVENE FOR ITEMS .IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. Mayor Grimmer explained that Article 6252-17, Section 2 of the Open meeting law provided that such item as pending and contemplated litigation may be discussed in closed session. AGENDA ITEM NO. 16. -EXECUTIVE SESSION Discuss Pending and Contemplated Litigation City Manager Paul West gave an up-to-date status report on the Water Rate Case with Dallas. Councilman Quevreaux reported of having attended meetings concerning fiscal notes and the Peveto's bill proposal. THE MEETING RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. 17. -ADJOURNMENT. A motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", adjourned the City Council meeting of January 17, 1977 at 10:16 P.M.. L Ma or Geor Grimmer 1 Cit f ecretary Vol. 26, Page 101.