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1974-06-03 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING June 3, 1974 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro Tem W. R. Linn Councilmen: Ray Flaherty Bill McClung Ken Quevreaux Bill Binford Members of the City Administration present were: City Manager Paul M. West City Attorney Doug McCallon Director of Staff Services Glenn A. Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of June 3, 1974 to order at 7:30 P.M.. AGENDA ITEM NO. 1. - INVOCATION Councilman Flaherty gave the invocation. EMERGENCY ITEM. A motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", declared an emergency, and placed on the Agenda as Agenda Item No. 13 - Executive Session, Discuss Land Acquisition. AGENDA ITEM NO. 2. - APPROVAL OF MINUTES - MAY 20, 1974 A motion by Councilman Flaherty, a second by Councilman Binford, all voting "aye", approved the minutes of the City Council meeting of May 20, 1974, with the following corrections: on page 870 - under Agenda Item No. 8. - in the last paragraph, the first line should read: "Mr. Henry Hobbson, representing the Hal H. Anderson Enterprises, and, on page 873 - under Agenda Item No. 9. - in the first para- graph, the second sentence should read: ".He asked that since the origi- nal Oakbrook Development will not materialize with the original owner, (Mr. Bittle is no longer developing the property,) to whom, then, is there an obligation?". 1 Page 879 r r AGENDA ITEM NO. 3. - PRESENTATION OF CERTIFICATE OF APPRECIATION. Mayor Grimmer presented a certificate of appreciation to Ed Sostecke for having served on the Planning and Zoning Commission. Mr. Sostecke was not present to accept the certificate. AGENDA ITEM NO. 4. - PRESENTATION OF SERVICE AWARDS. Mayor Grimmer presented Waynette MacFarlane of the Police Department a 5 year service award for her employment with the City. AGENDA ITEM NO. 5. - PRESENTATION OF REPRODUCTIONS OF PAINTINGS BY RONALD ANDERSON. PRESENTED BY ELDO SMITH. Mayor Grimmer read a news article giving background information on an artist Ronald Anderson. Mr. Eldo Smith, in behalf of Mr. Ronald Anderson, presented to the City a reproduction of a painting of Apollo 11. AGENDA ITEM NO. 6. - CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE DtiLLtiitU . EXPLANATION: On August 6, 1973, the City Council approved the site plan for Dr. Bibb Ballard's office and retail center on Valley View Lane. The plan was approved with the condition that shrubs and trees be planted along Pike Street. The site plan indicates landscaping areas along Valley View Lane; trees and shrubs to be planted within the parking areas, and the garbage container to be located at the west side of the property to be screened. Dr. Ballard has indicated that he would like to make the following changes: relocate the trash container to the east side of the property, and remove the tree and shrub planting from the parking lot area, and requests that his site plan be amended with these changes. Mayor Grimmer asked if there was anyone present that would like to speak in favor or in opposition of this request. No one spoke. Mayor Grimmer stated that the Planning and Zoning Commission recommends that the site be amended with the following conditions: (1) Require 5 Youpon Holly trees in pots in the parking lot in place of 7; Landscaping along Pike Street to be required and not extending more than 2 1/2 feet into the City right-of-way and be of Live Oak, Youpon Holly trees, and Wax Leaf Ligustrums, or Youpon Holly bushes. (2) Dumpster be relocated to the east side of the building if screened and meeting the sanitation superintendent requirements. (3) A new site plan must be submitted within 90 days showing new property line, dumpster location, and landscaping. There was not a represenative present for Dr. Bibb Ballard's request. There was some discussion of Mr. Ballard being aware of the recom- mendation being made by the Planning and Zoning Commission. Mr. Basil Weaver, a member of the Planning and Zoning Commission, was present and stated that the recommendation given by Mayor Grimmer was given to Mr. Ballard at the Planning and Zoning meeting. Page 880 After more discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", approved the requested amendments to Dr. Bibb Ballard's site plan as recommended by the Planning and Zoning Commission with the condition listed above. AGENDA ITEM NO. 7. - CONSIDER REQUEST FOR CIVIC AND PHILANTHROPIC USE ON CITY PARKS. REQUESTED BY ASSOCIATED SPORTS GIRLS SOFTBALL i tit_-3ur, . EXPLANATION: Associated Sports is seeking permission from the City Council to erect one of their concession stands at Cox Park. Just east of the play pad. This stand would be moved from the Cabell School ground and placed at Cox Park on June 15, 16, 29 and 30, 1974, and July 12, and 13, 1974. There was not a representative present to represent the request at this time. The City Administration recommended that this stand be permitted, provided that the stand met all electrical, building, and health codes and all trash picked up, and that the stand not be placed on Cox Park before June 14, or 28, 1974 and July 11, 1974, and the stand to be removed June 17, July 1, and July 14,1974. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", adopted Resolution No. 74-023 which included the conditions listed above in the recommendation of the Administration, and subject to the proper procedures being followed by the Associated Sports Girls Softball League Organization. AGENDA ITEM NO. 8. - CONSIDER REQUEST FOR SPECIAL EVENT SIGN FOR ANNUAL GOLF TOURNAMENT AT BROOKHAVEN COUNTRY CLUB. REQUESTED BY -1rit, UUUA-UULA 13U'1"1'L1NU WURKS, 1NC:. Mr. Lloyd Pate, of the Coca-Cola Bottling Works, Inc., requested permission to locate a portable sign, mounted on a truck, advertising the Principals and Coaches Golf Tournament to be held at the Brook- haven Country Club on July 22, 1974, at the corner of Brookhaven Club Drive and Golfing Green Drive. The requested time is 7:00 A.M. to 4:00 P.M. on July 22, 1974. After some discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", approved the request of Coca-Cola Bottling Works, Inc., to allow a portable sign to be erected at the corner of Golfing Green Drive and Brookhaven Club Drive, from 7:00 A.M. to 4:00 P.M. on July 22, 1974. AGENDA ITEM NO. 9. - PUBLIC HEARING: CONSIDER REQUEST FOR SPECIFIC USE PERMIT FOR RESTAURANT AND PRIVATE CLUB IN AN LI ZONING. PRO- PERTY LOCATED IN THE FARMERS BRANCH OFFICE PARK, AT THE NORTHWEST . L . V . PRUt'1'1' RESTAURANTS, INC. Mr. John Landry and Dennis Deathridge, represenatives of Profit Restaurants, Inc., were present making a request for a Specific Use Permit for a restaurant and private club in an LI Zoning district located in Farmers Branch Office Park at the northwest intersection of L.B.J. Freeway and Inwood Road. The request is to construct Page 881 and operate a Daddy's Money Restaurant with a private club. Mr. Landry displayed proposed renditions of the restaurant building. Mr. Landry stated that they have extensive landscaping plans for inside and outside of the building that would cost approximately $75, 000. 00. The restaurant is planned to have (156) dinning room seats with (59) seats in the waiting lounge area. Mayor Grimmer stated that the Planning and Zoning Commission recommended the request be granted, subject to conditions that the approval be for a restaurant with a private club, and site plan approval being required. Mayor Grimmer opened the public hearing and asked if there was anyone in the audience wishing to speak in favor of the request. The following spoke: 1. Mr. Jack Aydelotte, 3144 La Kenta, spoke in favor of the restaurant and private club request and recommended its approval. 2. Mr. Ted Darvey, President of Drexel Mortgage Company, financiers of the project, spoke in favor of the request. Mr. Darvey stated that the restaurant would be a valuable asset to the Farmers Branch area. 3. Miss Leslie Aydelotte, 3144 La Kenta, spoke in favor of the restaurant and private club request. Mayor Grimmer asked if there was anyone in the audience wishing to speak in opposition of the request. The following spoke. 1. Mr. Jim Wade, 3059 Cameo, spoke opposing the request for the private club stating that he does not want another bar or a place for the sale of liquor in the City of Farmers Branch. 2. Mrs. Lois Anderson, 2655 Wasina, spoke opposing the private club request because she objects to the sale of alcoholic beverages in the City of Farmers Branch. 3. Mr. Ken Baxter, 14424 Dennis Lane, spoke opposing the private club request because of his feelings that it would be a detriment to Farmers Branch in having another club in Farmers Branch. Mr. Landry stated that they were in the food business marketing and the biggest percentage of their business is family type service. Mr. Landry stated that they feel a private club is needed with their restaurant because of the large investment and the competitive restaurants and clubs in the area. After more discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", closed the public hearing. After some discussion between the Councilmen and Mr. Landry, Councilman Linn made a motion to approve the Specific Use Permit by adopting the following captioned Ordinance No. 1010 , subject to the requirement of site plan approval: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED; BY GRANTING TO DADDY'S MONEY RESTAURANT A SPECIFIC USE Page 882 PERMIT FOR THE OPERATION OF A PRIVATE CLUB TO BE LOCATED ON A 50,000 SQUARE FOOT TRACT OF LAND LOCATED IN FARMERS BRANCH OFFICE PARK; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. Councilman McClung seconded the motion. The motion carried 4 to 1, with Councilmen Linn, McClung, Flaherty and Binford voting "aye", and Councilman Quevreaux voting "nay". AGENDA ITEM NO. 10. - CONSIDER APPROPRIATION OF ADDITIONAL FUNDS TO COVER INFLATIONARY COSTS FOR THIS YEAR'S BUDGET. City Manager Paul West stated that the increasing rate of inflation over the past year has had a particular effect in two areas. In the area of material such as gasoline and paving material, the City's cost has risen tremendously. Due to increase costs of materials, $25,000.00 needs to be appropriated for the balance of this fiscal year for materials. Mr. West stated that this higher rate of inflation has had a . like effect on the City employees. He stated that the City wage salary schedule compared favorably with the other suburban cities in Dallas county a few years ago. In order to remain competitive with the other area cities, as well as with private industry, and in order to provide the employees with adequate compensation, addi- tional funds should be appropriated for the balance for the fiscal year to provide for a cost of living increase. City Manager Paul West stated that it was his recommendation: (1) That the City Council appropriate $25,000.00 to provide for in- creased cost of materials for the balance for this fiscal budget year. (2) That the City Council appropriate $75,000.00 to provide for an 11% cost of living pay increase for permanent City employees, such increases to be effective, July 1, 1974. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", authorized the appropriation of $25,000.00 to provide for increased costs of materials for the balance of this year's budget, and, authorized the appropriation of $75,000.00 to provide for the 11% cost of living pay increase for permanent City employees, such increase to become effective July 1, 1974. AGENDA ITEM NO. 11. - CONSIDER BIDS FOR IMPROVEMENTS TO MIDWAY ROAD FROM McEWEN ROAD AND SIGMA ROAD. City Manager Paul West reported that bids for the paving for the north-bound lane between McEwen and Sigma were opened on May 29, 1974. There were four bids received. The low bidder was Uvalde Construction Company with a bid of $214,252.50 and 150 calendar days. Mr. West stated that it was his recommendation to award the contract to the low bidder. Page 883 After some discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", adopted Resolution No. 74-022 which awards the bid for the Midway Road paving project to Uvalde Construction Company in the amount of $214,252.50 with 150 calendar days. AGENDA ITEM NO. 12. - CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR A HYDRAULIC LOADER FOR THE SANITATION DIVISION. City Manager Paul West stated that permission is requested to advertise for bids for a hydraulic loader to be installed on an existing truck. This loader will enable one man to pickup, transport and unload brush and bulky items and for delivering commercial containers, and loading bails of material to be recycled. The estimated cost is $8,500.00 After some discussion, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", authorized the Administration to advertise for bids for a hydraulic loader to be installed on an ex- isting truck with an extimated cost of $8,500.00. MAYOR GRIMMER ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED, AND THERE ARE ITEMS FOR DISCUSSION IN EXECUTIVE SESSION. Mayor Grimmer explained that in Article 652-17, Section 2 (f) of the Open Meeting Laws that went in effect January 1, 1974, certain con- ditions as land acquisitions are provided for discussion in closed session. The Council will reopen the General Session if action is needed on any item to be discussed in the Executive Session. AGENDA ITEM NO. 13. - EXECUTIVE SESSION. a. Discuss Land Acquisition - Article 6252-17, Section 2 (f) There was discussion of acquiring the right-of-way needed for the Valley View Lane widening from the Lell Woody property. THE MEETING WAS OPENED BACK INTO GENERAL SESSION. a. Discuss Land Acquisition A motion by Councilman Binford, a second by Councilman Linn, all voting "aye", authorized the Administration to pay $2,500.00 to Lell Woody for his property on Valley View Lane. Page 884 ADJOURNMENT A motion by Councilman Quevreaux, a second by Councilman McClung, all voting "aye", adjourned the City Council meeting of June 3, 1974 at 9:04 P.M.. ~ t/I G. y a yOrd T 4 Cif Secretary J.W. Wade Page 885