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1980-02-04 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING FEBRUARY 4, 1980 COUNCIL CHAMBER POLICE BUILDING The following members of the City Council were present: Mayor Bill Binford Mayor Pro Tem John Dodd Councilmen: Fred Johnson Pat Haggerty Herb Weidinger The following member of the City Council was absent: Councilman Ken Quevreaux The following members of the City Administration were present: City Manager Paul M. West City Secretary J. W. Wade City Attorney Rayford Price Recording Secretary Ruth Ann Parish Mayor Binford called the City Council meeting of February 4, 1980 to order at 7:30 P.M.. AGENDA ITEM NO. A.1-INVOCATION. Councilman Johnson gave the invocation. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES. After some consideration, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", approved the minutes as submitted of the January 21, 1980 Council meeting. EMERGENCY ITEM DECLARED. A motion by Counci man Dodd, a second by Councilman Haggerty, all voting "aye", declared an emergency and placed on the Agenda Item No. C.12-Discuss State Law Concerning Filing Dates for Council Candidates. AGENDA ITEM B.1-PRESENTATION OF SERVICE AWARD. Mayor Bin or presented Beverly Van eren o t e Finance Department a five year service award for her employment with the city. AGENDA ITEM NO. B.2-PRESENTATION OF BOARD APPLICATIONS TO CITY COUNCIL. Mayor Binford explained that this item is placed on the agenda of each meeting in order to give anyone who would like to serve on an advisory board or commission an opportunity to meet and address the City Council. No one appeared before the Council. Vol. 32, Page 93. AGENDA ITEM NO. C.1-PUBLIC HEARING: CONSIDER REQUEST FOR A SPECIFIC USE PERMIT FOR A NON DRIVE IN RESTAURANT WITH OUTSIDE SALES WINDOW WEST OF MARSH LANE AND SOUTH OF BELT LINE ROAD 7" M"v n1-% 00 T T 7/ITT T WrO T\T VMT)T PST Mayor Bin or opened the public hearing. The would like to build a restaurant on the west south of Belt Line Road. The restaurant will sales window. The property is located within District. The Zoning Ordinance requires that Permit be obtained to operate a restaurant in McDonald's Corp. side of Marsh Lane have an outside PD-23 (LI) Zoning a Specific Use this Zoning District. Mayor Binford informed that proper notices of the public hearing were not sent to the surrounding property owners, therefore the procedure to the amendments to the Zoning Ordinance had not been followed. The Planning and Zoning Commission continued the public hearing until February 11, 1980 to allow the sending of proper notification to the property owners as required by the procedures. No action can be taken on this matter until the Council has received a recommendation from the Planning and Zoning Commission, there- fore it is recommended to continue the public hearing until February 18, 1980. A motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", continued the public hearing until February 18, 1980. AGENDA ITEM NO. C.2-PUBLIC HEARING: CONSIDER REQUEST FOR SPECIFIC USE PERMIT FOR A NON DRIVE IN RESTAURANT WITHOUT OUTSIDE SALES MayoryBinford stated that this request had been withdrawn at the request of Mr. Nguyen, who had a lease but no longer does at the address of 176 Farmers Branch Shopping Center. AGENDA ITEM NO. C.3-CONSIDER REQUEST FOR REPLAT APPROVAL OF FREEWAY OFFICE ADDITION. Mayor Bin or gave the following information from a memo to the Council from the Administration: Freeway Office Addition is a tract of land located on the east side of Branch View Lane and is located in a PD-25 (LI) Zoning District. The property is being replatted in order to create a building site for an office building. This plat has been reviewed by the Engineering Divi- sion and it complies with the City requirements for replat approval. As there are no public improvements to be constructed for this subdivision, there is no Developer's Contract required. The Planning and Zoning Commission recommended the replat be approved. A motion by Councilman Johnson, a second by Councilman Haggerty, all voting "aye", approved the replat of Freeway Office Addition. AGENDA ITEM NO.'C.4-CONSIDER REQUEST FOR REPLAT APPROVAL OF THE THOMPSON TRACT. Mayor Binford gave the following information from a memo to the Council from the Administration. The Thompson Tract is located at Vol. 32, Page 94 the northeast corner of Webbs Chapel Road and Gardenbrook Drive. The property is located in a LI Zoning District. The property is being platted in order to create a building site for a dental office building. The plat has been reviewed by the Engineering Division and it complies with the City requirements for replat approval. As there are no public improvements to be constructed for this subdivision, there is no Developer's Contract required. The Planning and Zoning Commission recommended to approve the replat. A motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", approved the replat of the Thompson Tract at the northeast corner of Webbs Chapel Road and Gardenbrook Drive. AGENDA ITEM NO. C.5-CONSIDER REQUEST FOR REPLAT APPROVAL OF BROOK HAVEN ESTATES NO. 14. Mayor Bin ford gave t e ollowing information from a memo to the Council from the Administration: Brookhaven Estates No. 14 is located in the northwest quadrant of the intersection of Marsh Lane and Valley View Lane and is located in an R-2 (residential) Zoning District. The property has been previously platted in single-family residential home sites and is being replatted to correct the location of some T.P.& L. and S.W.Bell Telephone easements and to correct the location of the floodway easement. All of the changes are of a minor nature, but the changes do need to be made to create a "correct" plat of the property. The replat has been reviewed by the Engineering Division and it complies with the City requirements for replat approval. A Developer's Contract is already in force for this subdivision. The Planning and Zoning Commission recommended the replat be approved. Mr. Jim Hawn, developer, was present and clarified the need for replatting the property. He stated that the replat removed an T.P.& L. easement that was not necessary and adjusted the flood plain encroachment line. After some discussion, a motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", approved the replat of Brookhaven Estates No. 14. AGENDA ITEM NO. C.6-CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A DEVELOPER'S CONTRACT BETWEEN G YSTONE PROPERTIES, INC. AND THE CITY OF FARMERS BRANCH, AND ACCEPT A HOLD HARMLESS AGREEMENT FOR GRAYSTONE TOWER ADDITION. The Council reviewe a -Developer's Contract with Graystone Tower Properties, Inc.. The contract provides for the installation of the required public improvements for the Graystone Tower Addition in accordance with the city's current subdivision ordinance. This land is being platted and public improvements will be installed according to the provisions of the contract before issuance of a Certificate of Occupancy. The administration recommends the authorization to sign the contract for the city. Vol. 32, Page 95. A motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", authorized the City Manager to sign a Developer's Contract between Graystone Properties, Inc. and the City of Farmers Branch, and accepted a Hold Harmless Agreement for Graystone Tower Addition. AGENDA ITEM NO. C.7-CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF GRAYSTONE TOWER ADDITION. Mayor Bin or gave t e ollowing information from a memo to the Council from the Administration: Graystone Tower Addition is located on the south side of Villa Creek Drive and is located in a PD-2 (0, LI) Zoning District. The property is being platted in order to create a building site for a ten story office park with a three level parking garage. The plat has been reviewed by the Engineering Division and it complies with the City require- ments for final plat approval. All pro-rata and taxes have been paid and a Developer's Contract approved. The Planning and Zoning Commission recommended that the final plat be approved. A motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", approved the final plat of Graystone Tower Addition. AGENDA ITEM NO. C.8-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ROSSFORD AND JETT STREET IN THE PD-5 C ZONING DISTRICT. Mayor Binford gave the following information from a memo to the Council from the Administration: An amended site plan has been presented for the property located at the southwest corner of Rossford Road and Jett Street in the PD-5 (C) Zoning District. The amended site plan indicates the location of several air compressors at the southwest corner of the building and along Rossford Road. The proposed tenant United Fabrication currently located in Farmers Branch used the compressors in the process of repair of radar nose cones in airplanes. The tenant has stated that the compressors could not be located on top of the building or inside the building. The Planning and Zoning Commission recommended that the site plan be approved subject to a landscape plan providing screening and landscaping of the area around the compressor pad. Mr. Don Saye of Stewco Development, the General Contractors repre- senting United Fabrication, was present in behalf of the request. Mr. Saye explained that the compressors were to be screened by a chain link fence hidden behind landscaping. Mr. Saye stated this would be done for security and safety precautions. Mr. Saye informed that a landscape plan has been submitted for review and approval by the City Staff but has not had time for that process. After some consideration, a motion by Councilman Haggerty, a second by Councilman Johnson, all voting "aye", approved the site plan for the property located at the southwest corner of Rossford Road and Jett Street subject to a screening and landscaping plan being sub- mitted and approved by the City Staff. Vol. 32, Page 96. AGENDA ITEM NO. C.9-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF ROSSFORD AND VERBICK IN THE PD-5 (C) ZONING DISTRICT. Mayor Binford gave the following information from a memo to the Council from the Administration: A site plan has been prepared and presented for a proposed automobile garage to be located at the northwest corner of Rossford and Verbick. The property is located within the PD-5 (C) Zoning District. Site plan approval is required before building permits can be issued. This item was placed on the Zoning Commission agenda for the January 14, 1980 meeting. The owner or his representative was not present at the meeting. The Commission continued the item until January 28, 1980. A letter was sent to the property owner advising him of the future meeting. The Zoning Commission considered the request at their January 28, 1980 meeting. The owner or his representative was not present at that meeting. The Planning and Zoning Commission recommended that the request for site plan approval be denied. There was no one present in behalf of the request. After some consideration, a motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", denied the request for site plan approval for the property located at the northwest corner of Rossford Road and Verbick Street. AGENDA ITEM NO. C.10-CONSIDER REQUEST FOR SITE PLAN APPROVAL OF A TRACT OF LAND IN THE LUNA 635 BUSINESS PARK WITHIN THE PD-22 (LIT ZONING DISTRICT. Mayor Binford gave the following information from a memo to the Council from the Administration: A site plan has been prepared for a proposed 98,000 sq.ft. office/warehouse building located on the south side of Manhattan Drive between Park Lane and Empire Avenue. Manhattan Drive, Park Lane and Empire Avenue are all new streets within the Luna 635 Busines Park. The property is located within PD-22 (LI) Zoning District. Site plan approval is required before building permits can be issued. A representa- tive of the architechural firm has stated that the landscaped areas will have an underground sprinkler system. The Planning and Zoning Commission recommended that the site plan be approved subject to a complete landscape plan being submitted to and approved by the Zoning Commission and the City Council before a Certificate of Occupancy is issued for the building, Mr. Tom Hyatt with the O'Brien Company was present in behalf of the request. Mr. Hyatt explained that the original landscape plan was short five trees according to the requirements of one tree per thirty lineal feet of property in the Subdivision Ordi- nance. Mr. Hyatt also stated that the Planning and Zoning Commission desired to see the plans for the sprinkler system in the overall landscape plan. f Vol. 32, Page 97. A discussion was held between Mr. Hyatt and the members of the City Council relating to the landscape plan. A motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", approved the site plan for the tract of land in the Luna 635 Business Park, subject to the complete landscape plan being submitted to and approved by the Planning and Zoning Commission and the City Council before a certificate of occupancy is issued for a building permit. AGENDA ITEM NO. C.11-CONSIDER AMENDING THE CITY'S ZONING ORDI- NANCE BY DELETING SPECIFIC USE PERMIT THAT WAS ISSUED FOR A CHRYSLER DEALERSHIP WITH A GENERAL REPAIRS GARAGE LOCATED ON THE SOUTHWEST CORNER OF IH E AND VALMAR WAY IN THE PD-25 LI ZONING DISTRICT. Mayor Bin or explained that on January 21, 1980, a public hearing was opened and closed concerning this consideration. The action required from that meeting was tabled until the February 4, 1980 meeting. Mr. Jim Asam, representing Chrysler Corporation was present. Mr. Asam requested the Specific Use Permit be retained on the property for Chrysler Corporation has intentions of developing the site at a later date. Mr. Asam stated that it may be two yearsbefore development can commence but they are going to build this facility. After some discussion relating to the Specific Use Permit being for a Chrysler dealership only, Councilman Dodd made the motion to retain the Specific Use Permit for a Chrysler Dealership with a general repairs garage located on the southwest corner of IH35E and Valmar Way; and that the Specific Use Permit be reviewed by the City Council at the second meeting in February 1981. Councilman Weidinger seconded the motion. The motion carried 3 to 1, with Councilmen Dodd, Weidinger, and Johnson voting "aye", and Councilman Haggerty voting "nay". AGENDA ITEM NO. C.12-DISCUSS STATE LAW CONCERNING FILING DATES FOR COUNCIL CANDIDATES. This item was placed on the agenda at the request of Councilman Dodd. Mayor Binford explained that a new article in the Texas Election Code that became effective August 27, 1979, conflicts with the City Charter relating to the filing date for Council candidates. The new law prohibits the filing of an application as candidate for public office prior to 30 days prior to the deadline for filing. This law prohibits filing before February 4 which some have already filed with the City of Farmers Branch. The City Attorney's opinion is that any candidate who filed an application earlier than 30 days before the deadline for filing which is 30 days before the election should refile by signing a new acceptance of nomination that can then be filed, stamped and signed by the City Secretary. Vol. 32, Page 98. Mayor Binford informed that all but one candidate was present at this time. City Manager stated that all candidates had been informed of the law and the City Attorney's opinion. After more discussion, Councilman Dodd made a motion that any candidate who had not been by the City Hall to refile by Friday, February 8, noon, be notified by registered mail of the necessity to come to the City Hall to file the necessary documents. Councilman Weidinger seconded the motion. The motion carried unanimously. AGENDA ITEM NO. D.1-DISCUSS FAR NORTH DALLAS COUNTY TRAFFIC STUDY. This item was placed on the agenda at the request of Councilman Haggerty. Councilman Haggerty explained that Mayor Binford and himself were on a committee along with representatives from five other cities studying the Far North Dallas County corridor traffic. The area involved is bounded on the south by L.B.J. Freeway, Marsh Lane on the west, Coit Road on the east and F.M #544 on the north. Councilman Haggerty gave a status report on the committee's study. Councilman Haggerty requested suggestions, recommendations or comments from the Council and the audience. All recommendations for traffic improvements in this corridor are to be turned in to the City of Dallas staff by February 20th from the cities. Mayor Binford pointed out that only one item in the whole report would affect the City of Farmers Branch and that is the extension of Dallas North Tollroad. Mayor Binford stated that the Farmers Branch staff has the full report and is working toward a recommendation to the City Council. AGENDA ITEM NO. D.2-PASS ORDER CALLING CITY COUNCIL ELECTION FOR PLACE 2, 4 AND THE MAYOR. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", passed an election order calling the April 5, 1980 City Council election for Places 2, 4 and the Mayor; and named Bill Morgan to serve as the Election Judge conditioned upon his acceptance of the appointment; and the Alternate Judge be named at the next meeting. AGENDA ITEM NO. D.3-CONSIDER AWARDING BID FOR A TRUCK AND SEWER CLEANING MACHINE FOR THE UTILITIES DEPARTMENT. After reviewing the i received, a motion by Councilman Johnson, a second by Councilman Haggerty, all voting "aye", awarded the bid for the high pressure sewer cleaning machine with 800 feet of hose and a 180 34,000 GVW roll-on/roll-off truck to Environmental Sales and Service Inc., for the amount of $47,450.00. Vol. 32, Page 99. AGENDA ITEM NO. D.4-CONSIDER AWARDIND THE BID FOR TWO RESIDENTIAL SANITATION TRUCKS. After reviewing the four bids received, Councilman Johnson made a motion to award the bid for two 1980 trucks and collection bodies to Maxon Industries for Ford Shu-Paks in the amount of $58,220.00 for each truck. Councilman Haggerty seconded the motion. Councilman Johnson asked to amend his motion to include that the award of the bid be subject to an agreement with the bidder for a delivery of the trucks within the next six months. Councilman Haggerty accepted the amendment. The motion and amendment carried unanimously. AGENDA ITEM NO. D.5-CONSIDER AWARDING BIDS FOR THREE TRUCKS FOR THE STREET AND WATER MAIN REPLACEMENT DIVISIONS. After reviewing the our bids received, a motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", awarded the bids for the following: 1. A 24,000 GVW rated truck with dump body to Dallas Freight Liner Trucks in the amount of $13,426.74. 2. A 50,000 GVW rated truck with a 10-12 yard dump body to Doran Chevrolet in the amount of $27,874.00 3. A 54,000 GVW rated truck cab and chassis to Dallas Freight Liner Trucks in the amount of $41.577.09. AGENDA ITEM NO. D.6-CONSIDER AWARDING THE BID FOR ONE ROLL-ON/ ROLL-OFF HOIST ASSEMBLY, MOUNTED. After reviewing the one bid received, a motion by Councilman Weidinger, a second by Councilman Johnson, all voting "aye", awarded the bid for a 50,000 lb. roll-on/roll-off hoist assembly, mounted, to Environmental Sales & Service, Inc. in the amount of $12,670.00. AGENDA ITEM NO. D.7-CONSIDER AWARDING THE BID FOR RADIOS FOR VARIOUS DEPARTMENTS. After reviewing t e one bid received, a,,motion by Councilman Weidinger, a second by Councilman Haggerty, all voting "aye awarded the bid for seven assorted radios to Motorola Communica- tions in the amount of $6,819.25. AGENDA ITEM NO. D.8-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR PLANT MATERIAL FOR THE PARK DIVISION. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", authorized the advertisement for bids for plant material for the the Park Division. Vol. 32, Page 100. i 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. A SHORT RECESS WAS TAKEN BY THE COUNCIL. AGENDA ITEM NO. F.1-EXECUTIVE SESSION. An Executive Session was held at this point in the meeting. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2, E.3 AND E.4 -NO NECESSARY ACTION ON PERSONNEL MATTERS, LITIGATION OR LAND ACQUISITION NEEDED. AGENDA ITEM NO. F.1-ADJOURNMENT. A motion by Councilman Wei anger, a all voting "aye", adjourned the City 1980 at 8:57 P.M.. M yor Bill BinfVd I J, 'd Citr ecretary I second by Councilman Haggerty, Council meeting of February 4, Vol. 32, Page, _1,0~ .