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1981-04-06 CC Minutes0 LJ C CITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING APRIL 6, 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 Carol Dingman 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 April 6, 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 Dodd, a second by Councilman Haggerty, all voting "aye", approved the minutes of the City Council meeting of March 23, 1981 as submitted. AGENDA ITEM NO. B.1-CANVASS CITY ELECTION RETURNS OF CITY COUNCIL ELECTION OF APRIL 4, 1981. Mayor Binford declared that one copy of the returns of the City Election of April 4, 1981 for Councilmen Place 1, Place 3 and Place 5, a poll list and tally list were delivered to him and had been in his possession until the present time. Mayor Binford gave the results of the election. The following number of votes for the following named candidate for the office of Councilman, Place 1, to-wit: Name Number of votes John D. Dodd 777 The following number of votes cast for the following named candidates for the office of Councilman, Place 3, to-wit: Vol. 34, Page 119 LJ J Name George G. Grimmer Carol Dingman Number of votes 578 775 The following number of votes cast for the following named candidate for the office of Councilman, Place 5, to-wit: Name Herb Weidinger Number of votes 772 A motion by Councilman Johnson, a second by Councilman Haggerty, all voting "aye", passed the election order declaring that John Dodd, having received a majority of the votes cast for the office of Councilman, Place 1, to be elected to said office to serve after qualifying until the regular municipal election in 1983, and until his successor shall have been elected and shall have qualified; that Carol Dingman, having received a majority of the votes cast for the office of Councilman, Place 3, to be elected to said office to serve after qualifying until the regular municipal election in 1983, and until her successor shall have been elected and shall have qualified; and, that Herb Weidinger, having received a majority of the votes cast for the office of Councilman, Place 5, to be elected to said office to serve after qualifying until the regular municipal election in 1983, and until his successor shall have been elected and shall have qualified. Mayor Binford administered the oath of office to Councilman, Place 1, to John Dodd; Councilman, Place 3, to Carol Dingman; and, Councilman, Place 5, to Herb Weidinger. Mayor Binford presented gifts of appreciation for his years of service to former Councilman, Place 3 Ken Quevreaux. AGENDA ITEM NO. B.2-ELECT MAYOR PRO TEM. A motion by Councilman Haggerty, a second by Councilwoman Dingman, elected Councilman Herb Weidinger as Mayor Pro Tem with a 3 to 1 vote with Councilwoman Dingman, Councilmen Haggerty and Dodd voting "aye", and Councilman Johnson voting "nay". AGENDA ITEM NO. B.3-PRESENTATION OF BOARD APPLICATIONS. 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. Mrs. Cathy Ingle addressed the Council and presented application of her desire to serve on the Planning and Zoning Commission. Mr. Vernon Smith addressed the Council and reinstated his desire to serve on the Planning and Zoning Commission. Vol. 34, Page 120 AGENDA ITEM NO. C.1-CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A SERVICE STATION TO BE LOCATED AT THE SOUTHWEST CORNER OF MIDWAY ROAD AND SPRING VALLEY ROAD IN A LIGHT INDUSTRIAL ZONING DISTRICT. Mayor Binford gave the following information from an Adminis- trative memo. Mobil Oil Co. is proposing to construct a 3-bay, full service station on a 200 foot by 200 foot tract of land at the southwest corner of Midway Road and Spring Valley Road. The property is located within a Light Industrial Zoning District. Section 8-114 (a) of the City's Zoning Ordinance requires a Specific Use Permit for a gasoline service station in a Light Industrial Zoning District. A public hearing was conducted on March 23, 1981. The hearing was closed and the item continued until the meeting of April 6, 1981. The item has been placed on the agenda for further consideration. Mr. Hugo Scott, the Mobil real estate representative in the area, addressed the Council and stated that there had been a study meeting with the Council in which Mobil had changed the proposed layout of the service station which they are asking for. Mr. Scott explained the landscape plan, the plan without the landscape and the building elevation plan. Mr. Scott stated that they had been asked by the Council to reconsider their plans and come up with something unique and they felt that they had done so, along with the recommendations by the Planning and Zoning Commission. Mr. Scott went on to explain the pictures of the proposed project and answered questions from the Council on particular parts such as the roof, landscaping and trash enclosure. Mr. Jerry Gleason, representing Mobil Oil & Research, stated that Mobil would pay for the widening of Spring Valley on the service station portion when Spring Valley is improved. Councilman Johnson stated that he was not pleased with the plans presented to the Council on the proposed service station. Mr. Scott apologized to Councilman Johnson that the renderings and pictures were not able to present a better idea of what was intended, however, due to the time element, this was what they were able to provide at this time. He also stated that he was firmly convinced that this proposed plan would be one that they would all be proud of. Councilman Dodd stated that the Council was looking for more definite pictures of the proposal and asked Mr,. Scott if it would help if this request was tabled again so that Mobil would have more time to gather together a clearer presentation of the proposal for the Council and Mr. Scott responded that they would prefer not to take any more time with the matter. Vol. 34, Page 121 Councilwoman Dingman stated that she did not feel that a service station was the best use for this property, however, that the Specific Use Permit could be granted with the conditions of the Planning and Zoning Commission and also with the condition that the improved site plan be brought back to the Council for approval. A motion by Councilman Haggerty, a second by Councilman Dodd, approved the request to amend the City's Zoning Ordinance by granting a Specific Use Permit for a service station to be located at the southwest corner of Midway Road and Spring Valley Road in a Light Industrial Zoning District with the following recommendations by the Planning and Zoning Commission: 1. The property be platted. 2. A site plan be submitted for review. 3. Elevations of the building be made part of the site plan review. 4. Provide detailed signage package for the property. 5. Provide a chamfer at the corner of Midway Road and Spring Valley Road. Councilwoman Dingman asked that a detailed landscape plan also be submitted and Councilmen Haggerty and Dodd agreed. The motion passed 3 to 2 with Councilmen Dodd, Haggerty and Weidinger voting "aye", and Councilman Johnson and Councilwoman Dingman voting "nay". AGENDA ITEM NO. C.2-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR A SIGN LOCATED AT 14215 INWOOD ROAD IN THE PD-27 (LI) ZONING DISTRICT. Mayor Binford gave the following information from an Adminis- trative memo. Federal Sign Co. has erected a 2916" high pole sign at 14215 Inwood Road. The pole sign is located 2718" from the front property line along Inwood Road. The property is located within PD-27 allowing LI uses. The required front yard set back for pole signs in that area is 30 feet from the front property line. The pole sign extends into the required set back 2'4" along Inwood Road. Site plan approval is required before a permit can be issued for the sign. The Planning and Zoning Commission recommends to the City Council that the site plan be approved with the sign being approximately 2'4" into the required front yard set back along Inwood Road and with the modification of a structural pole embellishment. Vol. 34, Page 122 Mr. Dave Spalding, Federal Sign Company, explained the request to the Council. He stated that this problem occurred approxi- mately one month ago; the permit was applied for, the square footage limitation and the original set back were complied with. He stated that in the original request, they were told to go before the Planning and Zoning Commission for site plan approval which was received and they knew nothing of the next step being to go before the City Council. At that time, they were denied because they did not have a representative at the Council meeting. Then they came back for an additional Planning and Zoning hearing and they were asked to modify the sign and create a more enhanced look. Mayor Binford asked Mr. Spalding why the sign was put where it was rather than in the required set back and Mr. Spalding stated that it was a complete mistake. Councilman Johnson asked how much of a chore it would be to move the sign 2'4" back to the property set back and Mr. Spalding stated drilling a new structural support hole, cutting of the base, sleeving in new steel, pouring new concrete, approximately $2,000.00. Councilwoman Dingman informed the Council that one of the things that was discussed in the Planning and Zoning Commission meeting was if the sign was moved back, it would be in compliance with the requirements of the front yard set back, however, if the sign was left where it is already located and was given a structured pole embellishment, it would be much more acceptable. The Council and Mr. Spalding discussed the design, type of construction and strength of the sign. A motion by Councilman Haggerty, a second by Councilwoman Dingman, to approve the request for site plan approval for a sign located at 14215 Inwood Road in the PD-27 (LI) zoning district with the sign being approximately 214" into the required front yard set back along Inwood Road and with the modification of a structural pole embellishment, passed with a 3 to 2 vote with Councilwoman Dingman, Councilmen Haggerty and Weidinger voting "aye", and Councilmen Johnson and Dodd voting "nay". AGENDA ITEM NO. C.3-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 prepared by Benson Associates, Inc. for an office/warehouse building to be constructed on the property located at 14005 Stemmons Freeway within the PD-25 (LI) zoning district. Site plan approval is required before a building permit can be issued. Vol. 34, Page 123 The Light Industrial standards require a side yard set back of 5 feet. The site plan proposes to locate the building on the south property line. The Planning and Zoning Commission recommends to the City Council that the site plan be approved as submitted with the condition that there be a 10 foot separation between buildings and the 10 foot separation be reflected on the final plat. Mr. Alan Schwartz of _Almar Realty and Mr. Bill Benson of Benson Associates, Inc., addressed the Council in behalf of the request. Mr. Schwartz stated that the main reason that they had made the decision to go with the plan along the pro- perty line is that his company owns the whole tract and they thought for economic reasons they should look at this line as the face line. He stated that they have prepared on their preliminary plat procedure a more total view of what the secondary phase is going to be there which reflects the 10 foot set back and will satisfy the restriction of a 5 foot side yard set back of the Zoning Ordinance. Councilman Johnson asked Mr. Schwartz if they would consider platting the property all together and Mr. Schwartz responded that he had had to place a deed restriction on the south pro- perty line because, at the present time, they are only planning for the north tract of the property. Mr. Benson stated that there are two things that the Council needs to know and they are that the time restriction is here and the new tenant needs to move out of his present location because of the end of his lease and the reason there is a line down the property is strictly for financing. After more discussion, a motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", approved the request for site plan approval for the property located at 14005 Stemmons Freeway within the PD-25 (LI) zoning district with the condition from the Planning and Zoning Commission that there be a 10 foot separation between buildings and the 10 foot separation be reflected on the final plat. AGENDA ITEM NO. C.4-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED AT 13327 MIDWAY ROAD IN THE PD-1 (O,LI) ZONING DISTRICT. Mayor Binford gave the following information from an Adminis- trative memo. Parallel Construction Co., representing Vincent's Seafood Restaurant, is proposing to construct a 600 sq. ft. addition to the south side of the restaurant located at 13327 Midway Road. The applicant has stated the proposed addition would be used as waiting room space for the restaurant only. Vol. 34, Page 124 Site plan approval is required before a building permit can be issued. The Planning and Zoning Commission recommends that the site plan be approved as submitted. After a brief discussion, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", approved the request for site plan approval for the property located at 13327 Midway Road in the PD-1 (O,LI) zoning district as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. C.5-CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF CENTRE PLAZA HOTEL. A REPLAT OF LOT 3, BLOCK A, THE CENTRE ADDITION. Mayor Binford gave the following information from an Adminis- trative memo. This tract of land is located on the north side of Valley View Lane between Alpha Road and Midway Road and is in a PD-1 (O,LI) zoning district. The property is being platted to relocate the fire lanes. This final plat has been reviewed by the Engineering Division and it complies with the City's requirements for final plat approval. The existing Developer's Contract will remain in effect for this property. 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 Centre Plaza Hotel, a replat of Lot 3, Block A, the Centre Addition as recommended by the Planning and Zoning Com- mission. AGENDA ITEM NO. C.6-CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF STEWCO DEVELOPMENT SUBDIVISION NUMBER FOUR. Mayor Binford gave the following information from an Adminis- trative memo. This tract of land is located on the northwest corner of the intersection of Bee Street and Squire Place and is in a Light Industrial Zoning District. 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 will not be required as all public improvements are in place. 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 Stewco Development Subdivision Number Four as recommended by the Planning and Zoning Commission. Vol. 34, Page 125 AGENDA ITEM NO. C.7-CONSIDER OF BROOKHAVEN MEDICAL PLAZA Mayor Binford gave the follo, trative memo. This tract of of Webb Chapel Road adjacent and is in a PD-18 (0) zoning platted to create a site for REQUEST FOR FINAL PLAT APPROVAL - PHASE IV. wing information from an Adminis- land is located on the east side to the westbound LBJ service road district. The property is being a parking lot. This final plat has been reviewed by the Engineering Division and it complies with the City's requirements for final plat approval. The existing Developer's Contract will remain in effect on this property. The Planning and Zoning Commission recommends that this final plat be approved. After a brief discussion, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", approved the request for final plat approval of Brookhaven Medical Plaza - Phase IV as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. C.8-CONSIDER AUTHORIZING THE EXECUTION OF A DEVELOPER'S CONTRACT WITH DONALD P. SMITH FOR THE D. P. SMITH ADDITION. Mayor Binford gave the following information from an Adminis- trative memo. This Developer's Contract provides for the construction of the required public improvements for the D. P. Smith Addition in accordance with the City's Subdivision Ordi- nance. This 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 Staff recommends that this contract be approved and the City Manager be authorized to sign for the City of Farmers Branch. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", approved the Developer's Contract with Donald P. Smith for the D. P. Smith Addition and authorized the City Manager to sign for the City of Farmers Branch. AGENDA ITEM NO. C.9-CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF THE D. P. SMITH ADDITION. Mayor Binford gave the following information from an Adminis- trative memo. This tract of land is located on the northwest corner of the intersection of Valley View Lane and Senlac Drive and is in a PD-22 (LI) zoning district. 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 will be required on this project. The Planning and Zoning Commission recommends that this final plat be approved subject to the landscaping plan being resolved in the Developer's Contract. Vol. 34, Page 126 A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", approved the request for final plat approval of the D. P. Smith Addition conditioned upon receipt of the properly executed Developer's Contract as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. C.10-CONSIDER AUTHORIZING THE EXECUTION OF A DEVELOPER'S CONTRACT WITH THE BALDWIN-HARRIS COMPANY FOR THE FIFTH INSTALLMENT OF METRO SQUARE, PHASE II. Mayor Binford gave the following information from an Adminis- trative memo. This Developer's Contract provides for the construction of the required public improvements for the Fifth Installment of Metro Square, Phase II in accordance with the City's Subdivision Ordinance. This land is being platted and public improvements will be installed according to the pro- visions of this contract before the issuance of a Certificate of Occupancy. The Staff recommends that this contract be approved and the City Manager be authorized to sign for the City of Farmers Branch. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", authorized the execution of a Developer's Contract with the Baldwin-Harris Company for the Fifth Installment of Metro Square, Phase II, and accept a Hold Harmless Agreement. AGENDA ITEM NO. C.11-CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF THE FIFTH INSTALLMENT OF METRO SQUARE - PHASE II. Mayor Binford gave the following information from an Adminis- trative memo. This tract of land is located on the east side of Metro Boulevard between I.H. 635 and Villa Creek Drive and is in a PD-2 (O,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 will be required for this project. The Planning and Zoning Commission recommends that the final plat of the Fifth Installment of Metro Square - Phase II be approved. A motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", approved the request for final plat approval of the Fifth Installment of Metro Square - Phase II as recom- mended by the Planning and Zoning Commission. AGENDA ITEM NO. D.l-CONSIDER RESOLUTION RELATING TO ISSUANCE OF $4.2 MILLION OF CITY OF FARMERS BRANCH INDUSTRIAL DEVELOPMENT CORPORATION REVENUE BONDS (THERMALLOY INC. AND'DAVID KENNINGTON PROJECT). Vol. 34, Page 127 Mayor Binford gave the following information from an Adminis- trative memo. On April 2, 1981, the Board of the City's Industrial Development Corporation approved the issuance of $4,200,000 of Industrial Development Revenue Bonds relative to the Thermalloy Inc. and David Kennington Project. Resolution No. 81-008, being presented for consideration, approves the issuance of the bonds by the City Council. The City Attorney has reviewed the Indenture, the Guaranty, the Notes and the Bond Purchase Contract. First City Bank of Dallas is purchasing all of the bonds. The Staff recommends that the Council adopt Resolution No. 81-008. A motion by Councilman Johnson, a second by Councilman Dodd, adopted Resolution 81-008 relating to the issuance of $4.2 million of City of Farmers Branch Industrial Development Corporation Revenue Bonds (Thermalloy Inc. and David Kennington Project), by a 4 to 1 vote with Councilmen Johnson, Dodd, Weidinger and Councilwoman Dingman voting "aye", and Councilman Haggerty voting "nay". AGENDA ITEM NO. D.2-CONSIDER CLASSIFICATION OF NEW AND UNLISTED USE. Mayor Binford gave the following information from an Adminis- trative memo. At the present time, there is not a use classifi- cation for modular homes in the City's Zoning Ordinance. A request has been received by the City Staff to classify modular homes as an allowable use and define modular homes in the definition section of the City's Zoning Ordinance. The Planning and Zoning Commission recommends to the City Council that the use, modular home, be placed within the City's Zoning Ordinance only as an allowable use in PD districts allowing MF-4 uses and be prohibited in all other zoning districts of the City. After some discussion, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", passed Resolution No. 81-007, placing the use, modular homes, within the City's Zoning Ordinance only as an allowable use in PD districts allowing MF-4 uses and prohibited in all other zoning districts of the City. A motion by Councilwoman Dingman, a second by Councilman Dodd, all voting "aye", instructed the City Administration to develop some zoning standards for modular homes to be brought back before the Council in 3 months. Vol. 34, Page 128 AGENDA ITEM NO. D.3-CONSIDER AWARDING THE BID FOR WATER MAIN MATERIALS. Mayor Binford announced that the Administration requests that this item be tabled. 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. 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. OTHER COMMENTS Mayor Binford expressed appreciation for the work of the Board of Directors of the Farmers Branch Industrial Development Corp- oration who were in attendance of the meeting. EXECUTIVE SESSION. 1 An executive session was held at this time. AGENDA ITEM NO. E.2-CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", appointed Mr. Bob McGuire and Mr. Arthur Skibell to serve as temporary municipal court judges in the absence of Judge Carl Skibell_for the term to run concurrently with Judge Carl Skibell's, effective April 1, 1981. A motion by Councilman Haggerty, a second by Coucilwoman Dingman, directed the Mayor, Mayor Pro Tem and City Manager to meet with officials from Addison to discuss the situation on Marsh and Midway Roads. The motion carried 4 to 1 with Councilmen Haggerty, Weidinger, Dodd and Councilwoman Dingman voting "aye", and Councilman Johnson voting "nay". AGENDA ITEM NOS. E.3 & E.4-NO ACTION WAS NECESSARY. AGENDA ITEM NO. F.1-ADJOURNMENT. A motion by Councilman Haggerty, all voting "aye", adjourned the 1981 at 10:10 P.M. a second by Councilman Johnson, City Council meeting of April 6, M yor Bill Binfo e6 Cir ecretary Vol. 34, Page 129