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1981-02-16 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING FEBRUARY 16, 1981 COUNCIL CHAMBER POLICE BUILDING The following members of the City Mayor Mayor Pro Tem Councilmen: Council were present: Bill Binford John Dodd Ken Quevreaux Fred Johnson Pat Haggerty Herb Weidinger The following members of the City Administration were present: City Manager Paul M. West City Secretary J. W. Wade City Attorney John Boyle Recording Secretary Ruth Ann Parish Mayor Binford called the City Council meeting of February 16, 1981 to order at 7:30 p.m. AGENDA ITEM NO. A.1-INVOCATION. Councilman Fred Johnson gave the invocation. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES. A motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", approved the minutes of the Special City Council, meeting of January 26, 1981 as submitted and the minutes of the regular City Council meeting of February 2, 1981 with the following correction: Vol. 34, Page 64, Agenda Item No. B.1, Glorietta should be Glorianna. AGENDA ITEM NO. B.1-PRESENTATION OF BOARD APPLICATIONS. Mayor Binford explained that this item is placed on, the agenda of each meeting 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 on this item. AGENDA ITEM NO. C.1-PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR AN INDOOR COMMERCIAL AMUSEMENT USE IN A PD-l (O,LI) ZONING DISTRICT AT 4099 VALLEY VIEW LANE. Mayor Binford explained that there was no action necessary on this item at this time due to the newspaper notice not being published and the applicant failed to erect a sign advertising the public hearing on the subject property. Vol. 34, Page 76 AGENDA ITEM NO. C.2-PUBLIC HEARING: CONSIDER PLAN APPROVAL FOR THE ENTIRE PD-1 Mayor Binford explained that this the Agenda at the request of the Authority. EQUEST FOR SITE DISTRICT. item had been withdrawn from Farmers Branch Hospital AGENDA ITEM NO. C.3-DISCUSS DEVELOPER'S CONTRACT WITH BROOKHAVEN HOSPITAL. Mayor Binford explained that this item had been withdrawn from the Agenda at the request of Mr. Floyd Brown with Brookhaven Hospital. 1 AGENDA ITEM NOS. C.4, C.5 & C.6-COMBINED. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", combined Agenda Item Nos. C.4, C.5 and C.6 for discussion and consideration. AGENDA ITEM NO. C.4-PUBLIC HEARING: CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR A NEW THREE STORY DOCTOR'S BUILDING TO BE LOCATED IMMEDIATELY SOUTH OF THE HOSPITAL IN THE PD-18 (O) ZONING DISTRICT. AGENDA ITEM NO. C.5-PUBLIC HEARING: CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE INSTALLATION OF TWO PARKING LOTS LOCATED ON THE SOUTH SIDE OF THE MEDICAL COMPLEX IN THE PD-18 (0) ZONING DISTRICT. AGENDA ITEM NO. C.6-CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A COMMERCIAL PARKING LOT IN THE PD-18 (0) ZONING DISTRICT. Mayor Binford opened the public hearing for Agenda Item Nos. C.4 and C.5 and gave the following information from an administrative memo. A site plan has been submitted for a new 3-story doctor's office building to be located immediately south of the existing hospital building. The property is located within PD-18 (0) zoning district. Site plan approval is required before building permits- can be issued. The Planning and Zoning Commission recommended by a 3 to 3 vote the site plan be denied. For Agenda Item No. C.5, a site plan has been submitted reflecting the proposed installation of two parking lots. The first parking lot will contain 138 spaces and be located west of the existing 3-story office building and its parking lot. The other parking lot will contain 20 spaces and be a connecting lot between the east side of the 3-story office building and the east parking .lot. The parking lots are being installed to provide additional paved parking areas for the Medical Center. The property is located in the PD-18 (0) zoning district. Site plan approval is required before building permits may be issued. Approval of the proposed parking lots will not grant permission for controlled or pay parking. A Specific Use Permit is still required for pay parking facilities. The Planning and Zoning Commission recommends that the request be approved. For Agenda Item No. C.6, a request for a Specific Use Permit has been submitted to allow the present parking lots to become commercial parking lots. The Planning and Zoning Commission recommends by a 3 to 3 vote to deny the request. Vol. 34, Page 77 Mayor Binford asked Mr. Jack Bailey, President of Brookhaven Medical Center, to address the Council. Mr. Bailey introduced Mr. Don Day, President of the Medical Building Corporation, to explain the requests. Mr. Day addressed the Council and gave a detailed explanation of the plans for the 3-story office building and the planned parking lots surrounding the building and present medical center. He related that the present Developer's Contract is being reviewed by the Hospital Attorney and the City Attorney and is being re- written to have the phasing of the logical order of the planned construction. Mr. Day pointed out that there are currently no facilities available for the needed additional health care and specialty physicians. n L~ Mr. Day explained that there was a question in the Planning and Zoning Commission meeting regarding the capacity of the sewer connections and that they had brought a letter from a certified engineer stating that the present sewer system was adequate to handle the increased need. The other question which arose related to the increase in traffic volume with the added facility. Mr. Day stated that with the added facilities and specialty doctors, the added traffic volume is not projected to be as high as would be for regular medical facilities and physicians. He said that the Hospital has been in contact and negotiated with the State for off ramps from IH635E to relieve the traffic congestion in this area. This proposal has been approved and forwarded to the Federal authorities in Austin for their approval and the funding phase is in progress. Mayor Binford asked if there was anyone present who would like to speak in favor of or in opposition to the request. The following spoke: Mr. William Shields, President of the Brookhaven Medical Centex Foundation and member of the Brookhaven Developement Committee, stated that after serving for the Hospital in a strictly volunteer basis for several years now, he is extremely impressed with the services available and the way in which the Hospital is operated; and, he felt that the request being made was absolutely essential and would be of great benefit to the community. Dr. Dennis Newton, President of the Medical Staff at Brookhaven Medical Center, spoke in favor of the requests stating that there has been a need for a very long time for larger facilities, staff and parking. Mrs. Lynn Mackey, 13350 Glenside Circle, addressed the Council in favor of the requests by the Hospital. Mrs. Mackey stated she does volunteer work at the Hospital and felt that the requests should be approved in order to make the Hospital an even more valuable asset to the community. Vol. 34, Page 78 Mr. Jack Bailey, 2 Lost Valley Lane, addressed the Council in support of the requests and stated that he felt there were some concerns that needed to be discussed. There are high level safe guards on the use of radio active materials at the Hospital and there have never been any of these materials placed into the incinerator. They are properly disposed of in a landfill type situation. He also stated that there are no current plans or anticipation of requesting direct access to the surrounding streets. The IH635E extension has been approved by the State and they are now in the funding cycle. The money is available and it is still awaiting Federal Highway Administration concurrence. The letter first went to Austin, then to a regional office in Ft. Worth; then sent to Washington D.C., and then will be forwarded back, at such time as a determination is made, through Austin. That process has taken some time. The State anticipates approval and is very positive that it will be received. One of the major reasons for that is that it involves no funding on behalf of the Federal Highway Administration so it will be funded concurrently by the Authority and its supporters, as well as some of the development on site as well as the State. Mr. Bailey stated that there are three primary additions to the Medical Center. One is for Psychiatry; another for emergency medicine specialists; and, for a cardiologist and pulmonary specialist. The Hospital feels that the approval of these requests will better enhance their ability to serve the community. Mr. Bailey estimated there would be a net increase of 30 cars per hour per day in the traffic flow in the area. Mayor Binford asked if there was anyone else who would like to speak in favor of or in opposition to the requests. No one spoke. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", closed the public hearing. Councilman Dodd asked if the access road is going to be private or public and Mr. Bailey stated that it is the recommendation of the Staff to continue with the dedicated street approach. They think that that makes sense from the Federal Highway Commission's standpoint. Councilman Dodd asked that since the buildings are owned by the doctors and land owned by the Hospital Authority, shouldn't the parking spaces be tied to the buildings legally in order to prevent any unforseeable problems in the future. Mr. Bailey stated that this problem had already been accommodated by the lender. A mandatory requirement is that the parking will always be a part of the building. The Authority h_as already come to an agreement with the doctors on this. There was discussion among the Council and Mr. Bailey and City Manager Paul West regarding which parking lot, east or west, would be the most logical to be tied to the new building as far as accessibility goes and it was stated that there is already a Vol. 34, Page 79 99-year land lease between the parking and the building presently there. Mr. West stated that the City Staff has stated that the existing parking is adequate for the existing building as well as the proposed building. Councilman Quevreaux questioned why the Hospital did not submit a detailed landscape plan as required by the Planning and Zoning Commission. Mr. Bailey stated that this had to do with the site plan which was withdrawn and that they are coming back with this in a far more detailed fashion with the irrigation and the parking per project. A motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", approved the request of Agenda Item No. C.5 for site plan approval for the installation of two parking lots located on the south side of the Medical Complex in the PD-18 (0) zoning district. A ,motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", approved the request of Agenda Item No. C.4 for site plan approval for a new three story doctor's building to be located immediately south of the Hospital in the PD-18 (0) zoning district subject to the legal documents necessary tieing the required amount of parking to the appropriate structures. Councilman Johnson asked a question relating to the 45 foot street that Mr. Day had stated would be part of this project which would be constructed entirely at the expense of the property owners within the district and adjacent commercial property owners at no expense to the City but will be fully dedicated. Mr. West stated that these provisions are covered in the Developer's Contract. A motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", approved the request of Agenda Item No. C.6 to amend the City's Zoning Ordinance by granting a Specific Use Permit for a commercial parking lot in the PD-18 (0) zoning district. AGENDA ITEM NO. C.7-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED ON THE EAST SIDE OF LUNA ROAD APPROXIMATELY 360 FEET SOUTH OF CROWN DRIVE IN THE PD-22 (LI) ZONING DISTRICT. Mayor Binford gave the following information from an Adminis- trative memo. The Jackson-Shaw Co. is proposing to construct 2 one-story office buildings totaling 21,120 sq. ft. along the east side of Luna Road approximately 360 feet south of Crown Drive. The property is located within the PD-22 (3,11 zoning district. Site plan approval is required before building permits can be issued. The Planning and Zoning Commission recommends that the site plan be approved. The Engineering Division recommends that the site plan be denied. Vol. 34, Page 80 Mayor Binford asked if there was a representative of Jackson- Shaw Co. present. MAYOR BINFORD LEFT THE ROOM AT THIS TIME AND MAYOR PRO TEM DODD CHAIRED THE MEETING. Mr. Harold Dunaway, representing Jackson-Shaw Co., addressed the Council and identified the property in question. He said the decision of the property use was determined to meet the needs of their client, Armstrong World Industries, who wished to locate their regional headquarters here. He said it is Jackson-Shaw Company's desire to construct an identical building next to the one for Armstrong World Industries for the aesthetic environment because of the size, 10,560 sq. ft., and to test the area to see if office use is the best use. There will be 80 parking spaces required for the buildings and landscaping plans. MAYOR BINFORD RETURNED TO CHAIR THE MEETING. Mr. Dunaway stated that he did not know the reason for the City Staff recommending that the request be denied but he was requesting approval of the site plan. Councilman Dodd stated that the reason for the denial recommendation was that the property in question landlocked another small parcel of land so that there was no public right-of-way or any means of fire protection. Mr. Dunaway stated that Jackson-Shaw Co. did own that property and that when the time came for the development of this land these provisions would be taken care of. Mayor Binford asked City Manager Paul West about the Subdivision Ordinance requiring a general development plan for the total project even when they are only developing part of the property. Mr. West stated that this is required in the preliminary platting stage and that these questions will probably come up as conditions of the Developer's Contract and the property will have to be replatted. Mr. Dunaway stated that at one time, they did have an overall plan, however, when Armstrong World Industries came into the picture, their needs were as the final site plan reflects and this one parcel of the property was left as it is shown now, and because of the time factor involved for Armstrong World Industries, this is what they were able to come up with. Mr. Dick Johnson, representing Armstrong World Industries, came forward to address the Council. Mr. Johnson said he had made a, study on relocating Armstrong and found that Luna Road was the exact location necessary from an employee and traffic standpoint. Armstrong had asked for a commitment date of October 1, 1981 and the working drawings are already going. They 411 feel that this is the ideal location. vol. 34, page 81 A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", approved the request for site plan approval for the property located on the east side of Luna Road approxi- mately 360 feet south of Crown Drive in the PD-22 (LI) zoning district as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. C.8-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED AT 14005 STEMMONS FREEWAY WITHIN THE PD-25 (LI) ZONING DISTRICT. Mayor Binford gave the following information from an Adminis- trative memo. A site plan has been submitted for an office/ warehouse building to be constructed on the property located at 14005 Stemmons Freeway. The property is located within the PD-25 (LI) zoning district. Site plan approval is required before building permits can be issued. The Planning and Zoning Commission recommends that the site plan be approved with the condition that the trash dumpster be relocated to the northwest corner of the building, at the rear, and it be screened from view. The Staff recommends that the request be denied for the following reasons: 1. The City's Zoning ordinance requires a minimum side yard setback of 5 feet along the south property line. The site plan indicates only a 1 foot setback from the south property line. 2. A detailed landscape and irrigation system plan should be submitted and approved. 3. Provide adequate screening for the dumpster at the rear of the building. 4. The dumpster is located in such a manner that it will be very difficult for refuse collection trucks to empty the dumpster. After the dumpster is emptied, the truck will have to back up a great distance before it can turn around to leave the property. Mayor Binford asked if there was anyone present to speak in favor of the request. No one spoke. After a brief discussion, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", denied the request for site plan approval for the property located at 14005 Stemmons Freeway within the PD-25 (LI) zoning district for the reasons recommended by the City Staff. ilI Vol. 34, 'age 82 AGENDA ITEM NO. C.9-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED AT 4099 VALLEY VIEW IN THE PD-1 (O,LI) ZONING DISTRICT. Mayor Binford gave the following information from an Adminis- trative memo. The Centre Plaza Hotel is proposing to erect a 16 foot diameter disk type earth station on the east side of the hotel along Valley View Lane. The purpose of the station is to provide the hotel guests with entertainment and Tele- conference capabilities. The proposed earth station will be 18 feet high and set on a 5 ft. x 8 ft. concrete pad. The pad will delete two of the required parking spaces for the property. Site plan approval is required before building permits can be issed. The Planning and Zoning Commission recommends that the site plan be approved with the condition that a landscape plan be submitted to the Planning and Zoning Commission before construction begins. The City Staff recommends that the request be denied because the earth station could not be adequately screened and it would be located along Valley View and will delete required parking spaces. Mr. Joe DePalma, General Manager of the Centre Plaza Hotel, addressed the Council and stated that the primary use for the earth station is for tele-conference capabilities which will enable the Hotel to have meetings here and transmit to other cities throughout the entire country. Councilman Dodd asked Mr. DePalma why the station was not put on top of the building and Mr. DePalma said that everywhere conceivable was tested to see where the best reception would come from and there was a tremendous amount of interference from Southwestern Bell on the roof. Secondly, being placed on the roof meant being exposed to everybody's signals and, in reality, they were quite pleased with the location they had selected. It can be shielded and protected in this location. Councilman Dodd asked if there was a problem with the landscape plan and Mr. DePalma stated no, it had been handed into Building Inspection for distribution to the Planning and Zoning Commission last week. Councilman Dodd asked about the taking away of parking spaces and Mr. DePalma stated that they had had a variance for 429 parking spaces, however, in reality, they had come out with 431, therefore, taking the two away, they were within the variance. Councilman Johnson asked Mr. DePalma if there was no possibility of locating the station within the cooling tower area and Mr. DePalma stated no, the 10-story building itself blocks the transmission of the station in that location. Mayor Binford asked Mr. DePalma what kind of things the station will receive and Mr. DePalma stated that the only reception of the station will be from whatever is transmitted by Hinet Co. In effect, it is a closed circuit TV. Vol. 34, Page 83 Councilman Haggerty asked if reception would be any place other than hotel rooms or conference rooms and Mr. DePalma stated no. The programming is specifically prohibited from the clubs and lounges. Mr. DePalma stated that their hotel will have the exclusive right to this system in the Dallas/Ft. Worth area and the only way for another hotel to receive it would be with their authori- zation. Councilman Quevreaux requested that Mr. DePalma bring a statement from Southwestern Bell corroborating that if the station was placed on top of the hotel, there would be a substantial amount of interference from the micro-wave systems from Southwestern Bell creating inefficient transmission for the station. Mr. DePalma stated that he would be happy to do this if it was necessary. A motion by Councilman Dodd, a second by Councilman Haggerty, approved the request for site plan approval for the property located at 4099 Valley View in the PD-1 (O,LI) zoning district subject to the Staff approving an appropriate landscaping plan before construction. The motion carried with Councilmen Johnson, Dodd, Haggerty and Weidinger voting "aye", and Councilman Quevreaux abstaining. AGENDA ITEM NO. C.10-DISCUSS STREET SYSTEM IN VICINITY OF FARMERS BRANCH OFFICE PARK. Mayor Binford gave the following information from an Adminis- trative memo. This item was tabled at the last City Council meeting at the request of the developers of the Farmers Branch Office Park. In order for additional development to occur within the Farmers Branch Office Park, it is necessary that a street plan be adopted for this area (a requirement of an existing Developer's Contract). The City Council is being asked to adopt the proposed Alternative "A" as depicted on Exhibit "A" of the attached briefing paper as the street plan for the vicinity of the Farmers Branch Office Park. The City Staff strongly recommends that the proposed Alternative "A" be adopted as the street plan for this area. Alternative "A" is as follows: 1. Widening of Inwood Road to a four lane divided roadway; (2 - 25' B-B of curb paved sections with a 13' median?. 2. Relocating the intersection of Inwood Road with Dallas North Parkway farther to the north away from the service roads on IH635 (LBJ) . 3. Relocating portions of the internal drives of Farmers Branch Office Park to obtain better intersections of these facilities with each other and with Inwood Road, Vol. 34, Page 84 4. The installation of a traffic signal at the inter- section of Inwood Road and Dallas North Parkway that would be interconnected with a traffic signal at the intersection of Dallas North Parkway and the main entrance into the Dallas Galleria on the east side of Dallas North Parkway. 5. The installation of a traffic signal at the inter- section of Inwood Road and Alpha Road that would be interconnected with the traffic signals at Alpha Road and Dallas North Parkway. Mayor Binford read a letter to Paul West from Mr. Rod Kelly, Director of Transportation Programs, City of Dallas, in which it was stated that they were in agreement with the adoption of Alternative "A". Mr. Sayed Omar, Urban Systems Consultants, addressed the Council and explained Alternative "A". Mr. Dick Hamilton, representing Hartford Insurance Company, spoke in favor of Alternative "A". Mr. Jack Griffin, Trammel Crow, spoke in favor of Alternative "A". Mr. Charles Wade, with the Hilton, spoke in favor of Alternative "A". There was discussion between Councilman Haggerty and Mr. Omar regarding the route of Inwood Road and the reasons for it. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", approved the adoption of Alternative "A" as the street plan for Inwood Road in the vicinity of Farmers Branch Office Park. AGENDA ITEM NO. C.10-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR A ONE ACRE TRACT OF LAND LOCATED EAST OF DADDY'S MONEY RESTAURANT ON LBJ FREEWAY IN A LIGHT INDUSTRIAL ZONING DISTRICT. Mayor Binford gave the following information from an Adminis- trative memo. At the Council meeting of February 2, 1981, a site plan was submitted for a 4-story office building at the above mentioned property. However, the Council, decided to table this item until a study could be made on the traffic situation within the vicinity of Farmers Branch Office Park. A site plan has been submitted for a 4-story office building to be located immediately east of the Daddy's Money restaurant in Farmers Branch Office Park. The property is located within a LI zoning district. One of the agreements for development in Farmers Branch Office Park is site plan approval. The Planning and Zoning Commission recommended that the site plan be approved with the following conditions: Vol. 34, Page 85 1. That a landscape plan be prepared and submitted to the Planning and Zoning Commission for their review before a Certificate of Occupancy is issued for the building. 2. That the site plan indicate the size of driveways and radius at drives and street intersections. 3. That the required truck berth be designated on the site plan. 4. That a drainage plan, utility plan and irrigation plan be provided for approval by the City Staff. Mr. Ray Olds, First Dallas Construction Company, addressed the Council. Mr. Olds displayed a rendering of the proposed building and described the project to the Council. Councilman Haggerty questioned Mr. Olds about other projects constructed by this company. Councilman Weidinger questioned Mr. Olds about the construction of the building and Mr. Olds stated that it would be concrete frame, slabs and columns, and brick exterior construction. Councilman Haggerty questioned Mr. Olds about whether the streets in that vicinity would be adequate to handle the additional traffic. Mr. Olds responded that they did not see a traffic problem, however, they did see a parking problem because of the people who work in the Heritage II complex do not use the parking provided for them. Mr. Olds distributed a brochure among the Council showing another project by their company. He also stated that as soon as they receive the final plat approval, they will be ready to start construction. Mr. Olds stated that it would be a 12 to 14 month construction period. Councilman Johnson made a motion to approve the request for site plan approval for a one acre tract of land located east of Daddy's Money restaurant on LBJ Freeway in a Light Indus- trial zoning district subject to the conditions recommended by the Planning and Zoning Commission. The motion was seconded by Councilman Quevreaux and passed with a 4 to 1 vote with Councilmen Quevreaux, Johnson, Dodd and Weidinger voting "aye", and Councilman Haggerty voting "nay". AGENDA ITEM NO. C.12-CONSIDER AUTHORIZING THE EXECUTION OF A DEVELOPER'S CONTRACT BETWEEN C F LBJ PROPERTIES, INC. AND THE CITY OF FARMERS BRANCH, AND ACCEPT A HOLD HARMLESS AGREE'MENT FOR LBJ/LUNA TRACT "E". Mayor Binford gave the following information from an Adminis- trative memo. This Developer's Contract provides for the installation of the required public improvements for LBJ/Lung, Vol. 34, Page 86 Tract "E" in accordance with the City's Subdivision Ordinance. This tract of land is being platted and public improvements will be installed according to the provisions of this contract before the issuance of a Certificate of Occupancy. The City Staff recommends that the Contract be approved and the City Manager be authorized to sign for the City of Farmers Branch. I After some discussion, a motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", approved authorizing the execution of a Developer's Contract between C F LBJ Properties, Inc. and the City of Farmers Branch and accepted a Hold Harmless Agreement for LBJ/Luna Tract "E" and authorized the City Manager to sign for the City of Farmers Branch. AGENDA ITEM NO. C.13-CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF THE LBJ/LUNA TRACT "E". Mayor Binford gave the following information from an Adminis- trative memo. This tract of land is located on the east side of Luna Road just north of LBJ Freeway and is in a PD-22 (LI) zoning district. This property is being platted to create a building site. This final plat has been reviewed by the Engineering Division and it complies with the City's requirements for final plat approval. The Planning and Zoning Commission recommends that this final plat be approved. A motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", approved the request for final plat approval of the LBJ/Luna Tract "E" as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. C.14-CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF VALWOOD PARK BAPTIST CHURCH. Mayor Binford gave the following information from an Adminis- trative memo. This tract of land is located on the northeast corner of Josey Lane and Valwood Parkway and is in an Office (0) zoning district. This final plat has been reviewed by the Engineering Division and it complies with the City's require- ments for final plat approval. A Developer's Contract is not required for this property as all required public improvements are presently in place. The Planning and Zoning Commission recommends that this final plat be approved. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", approved the request for final plat approval, of Valwood Park Baptist Church. Vol. 34, page 87 AGENDA ITEM NO. C.15-CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF FARMERS BRANCH INDUSTRIAL PARK WEST, A REPLAT OF LOT 1, BLOCK A OF FARMERS BRANCH INDUSTRIAL PARK WEST. Mayor Binford gave the following information from an Adminis- trative memo. This tract of land is located on the southeast corner of Valley View Lane and Nicholson Road and is in a PD-22 (LI) zoning district. A site plan has been approved for this project. This final plat has been reviewed by the Engineering Division and it complies with the City's requirements for final plat approval. A Developer's Contract is not required for this project as the existing Developer's Contract is still in effect. The Planning and Zoning Commission recommends that this final plat be approved. A motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", approved the request for final plat approval of Farmers Branch Industrial Park West, a replat of Lot 1, Block A of Farmers Branch Industrial Park West. MAYOR BINFORD LEFT THE ROOM AT THIS TIME AND MAYOR PRO TEM DODD CHAIRED THE MEETING. AGENDA ITEM NO. C.16-CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF FARMERS BRANCH BANK #2. Mayor Pro Tem Dodd gave the following information from an Adminis- trative memo. This tract of land is located on the south side of Valley View Lane just west of the IH-35E service road and is in a PD-24 (LI) zoning district. A site plan has been approved for this project. This final plat has been reviewed by the Engineering Division and it complies with the City's requirements for final plat approval. A Developer's Contract is not required for this project as all necessary public improvements are presently in place. The Planning and Zoning Commission recommends that this final plat be approved. A motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye", approved the request for final plat approval of Farmers Branch Bank #2. MAYOR BINFORD RETURNED TO CHAIR THE MEETING. AGENDA ITEM NO. D.1-DISCUSS PROPOSED LEGISLATION. Mayor Binford stated that presented were summaries of the proposed changes in the State Property Tax Code; the Governor's Anti Crime Package; a bill to treat the exhibition of music and skill or pleasure, coin-operated machines as a separate use from the principal use to which the property where exhibited is devoted; a bill to allow cities to review subdivision plats for 60-day periods before the plat becomes effective without any action by the City; attempts to amend existinglegi'slation relating to the Transportation Authority for Dallas and Tarrant Counties. Vol. 34, Page 88 Mayor Binford opened the floor for discussion. Councilman Dodd suggested that if there were exceptions that the Council would like to delete from the presentation, make note,of them, or else approve to support those articles that are presented. Councilman Quevreaux stated that in the Central Appraisal District's legislation, he would like to delete item 2.c. which is: 2. c. All five Directors would be locally elected officials (Councilman or School Board Member). There followed a discussion among the Council and members of the audience regarding Homestead exemptions and the Council stated they were in favor of it. Councilman Haggerty stated that he would like to drop the Regional Transportation Authority because he felt it would be a big problem if each city was able to create their own authority. Councilmen Johnson and Dodd stated they were opposed to Head Shops. A motion by Councilman Haggerty, a second by Councilman Johnson, all voting "aye", approved supporting the bills presented with the exception of the Regional Transportation Authority and Item No. 2.c. relating to the County Appraisal District. AGENDA ITEM NO. D.2-DISCUSS FYKE ROAD. This item was placed on the agenda at the request of Councilman Haggerty. Mayor Binford asked Councilman Haggerty to explain this item. Councilman Haggerty stated that this relates to the discussion in November, 1980, regarding the City of Farmers Branch having no jurisdiction or authority on the south side of Fyke Road. He said this has been a problem which has lingered for the past 20 years and there is no solution in sight. He said that if we could approach Carrollton in the next bond issue and perhaps annex the south half of Fyke, and then anticipating sometime in the future when the road is designed, going in on a 50-50 basis for the construction. Councilman Haggerty stated that he saw no reason for Fyke to become a 4P-Lane road because there just isn't that much traffic, but sidewalks and drainage do need to be installed and, at some time, the road will have to be reconstructed. After some discussion among the Council, Councilman Haggerty made a motion to initiate the process of annexing the south half of Fyke Road. Vol,. 34, Page 89 City Attorney John Boyle stated annexation is a process under the statutes in which the first step is to pass a resolution in which you call a public hearing and then after notice is given on that public hearing and then you hold the public hearing. Then, if the Council decides to go forward, then you go for the passage of an ordinance which has to be passed on two separate readings, therefore, it was not possible to take the first step at this meeting. It was decided that no action was necessary on this item, however, Councilman Haggerty requested that a resolution be drafted calling for a public hearing and be presented at the next meeting, March 9, 1981. AGENDA ITEM NO. D.3-CONSIDER ORDINANCE DETERMINING AND DECLARING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE PAVING AND IMPROVEMENTS ON VALLEY VIEW LANE, AND 14AKING PROVISION FOR LEVYING ASSESSMENTS AGAINST ABUTTING PROPERTY. Mayor Binford gave the following information from an Adminis- trative memo. To abide by the legal statutes regulating the enactment of assessment paving projects, it is necessary that Council pass an ordinance determining and declaring the need for paving improvements. Ordinance No. 1341 provides for the City to determine and declare the necessity for, and orders and provides for, the paving improvements to that section of Valley View Lane from Templeton Trails to Interstate 635. The Staff recommends that this ordinance be adopted. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", adopted Ordinance No. 1341 determining and declaring the necessity for and ordering and providing for the paving and improvements on Valley View Lane, and making pro- vision for levying assessments against abutting property. Ordinance No. 1341 is captioned: AN ORDINANCE DETERMINING AND DECLARING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE PAVING AND IMPROVEMENTS OF PORTIONS OF CERTAIN STREETS IN THE CITY OF FARMERS BRANCH, DALLAS COUNTY, TEXAS, TO WIT: VALLEY VIEW LANE FROM APPROXIMATELY TWO HUNDRED FIFTY FEET EAST OF THE EAST RIGHT-OF-WAY LINE OF TEMPLETON TRAILS, EAST TO THE NORTH RIGHT-OF-WAY LINE OF INTER- STATE HIGHWAY NUMBER 635; APPROVING PLANS AND SPECIFI- CATIONS FOR SUCH WORK AND IMPROVEMENTS; DIRECTING THE DIRECTOR OF PUBLIC WORKS OF THE CITY OF FARMERS BRANCH TO PREPARE ESTIMATES OF THE TOTAL COST OF SUCH MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVEMENTS; PROVIDING FOR. THE COL- LECTION OF SUCH ASSESSMENT; AND PROVIDING FOR SUNDRY OTHER MATTERS INCIDENT THERETO; AND DECLARING AN EMER- GENCY. Vol. 34, Page 90 AGENDA ITEM NO. D.4-CONSIDER AWARDING THE BID FOR SWIMMING POOL REPAIRS. Mayor Binford gave the following information from an Adminis- trative memo. Bids were sent to four vendors with one vendor picking up a bid packet. Three vendors returned a bid. Mid- Continental Waterproofing submitted a bid by telegram of $30,849.00 before the February 12, 9:00 a.m. bid opening dead- line. The telegram stated that written confirmation was in the mail. Big State Waterproofing submitted a bid of $39,793.00 and Southern Leisure Pools submitted a bid of $53,900.00. Written confirmation was received from Mid-Continental Waterproofing February 13, 1981 which was postmarked February 10, 1981. This was two days before the bid opening date and their bid does meet specifications. Total amount budgeted was $50,000.00. The Staff recommends awarding the bid to Mid-Continental Water- proofing in the amount of $30,849.00 for swimming pool repairs. A motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", awarded the bid for swimming pool repairs to Mid-Continental Waterproofing in the amount of $30,849.00. 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, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. D.1-EXECUTIVE SESSION. An executive session was held at this time. THE COUNCIL RECONVENED INTO GENERAL SESSION. AGENDA ITEM NOS. E.2, E.3 & E.4-NO ACTION NECESSARY. AGENDA ITEM NO. F.1-ADJOURNMENT. A motion by Councilman Dodd, a second all voting "aye", adjourned the City February 16, 1981 at 11:04 p.m. ~11 zz~ - - /-,o a M yor Bill Bin rd I - Z L Cit Secretary by Councilman Haggerty, Council meeting of Vol. 34, Page 91