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1981-05-18 CC Minutes11 CITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING MAY 18, 1981 COUNCIL CHAMBER POLICE BUILDING The following members of the City Mayor Mayor Pro Tem Council Members: Council were present: Bill Binford Herb Weidinger John Dodd Fred Johnson Carol Dingman Pat Haggerty 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 May 18, 1981 to order at 7:30 P.M. AGENDA ITEM NO. A.1-INVOCATION. Minister of the Farmers Branch Church of Christ Odell Farr gave the invocation. EMERGENCY ITEM DECLARED. A motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", declared an emergency and placed on the agenda as Item No.E.2a-Consider Passing Resolution Approving An Old Farmers Branch Task Force. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES. A motion by Councilman Johnson, a second by Councilman Weidinger, all voting "aye", approved the minutes of the regular Council meeting of May 4, 1981 with the following correction: Vol. 35, Page 7, add to 3rd paragraph,"The Mayor may attend the U.S. Con- ference of Mayors and any additional Council member may attend with prior approval of the City Council'; and the following cor- rection to the minutes of the Special City Council meeting of May 11, 1981: Vol. 35, Page 15, in the heading the date should read May 11, 1981 instead of May 4, 1981. AGENDA ITEM NO. B.1-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. The following person presented an application. Vol. 35, Page 18 Mr. Carl L. Stanaland, 12220 Brisbane, addressed the Council and expressed a desire to serve on the Planning and Zoning Commission. AGENDA ITEM NO. C.1-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR 11420 14ATHIS DRIVE IN THE PD-22 (LI) ZONING DISTRICT. Mayor Binford gave the following information from an Adminis- trative memo. Wilshire Foam Co., at 11420 Mathis Drive, would like to erect a 7 foot high chain link fence in front of their building. The property is located within the PD-22 (LI) zoning district. Site plan approval is required before a building per- mit can be issued. The Planning and Zoning Commission recommends to the City Council that a site plan be approved for a chain link fence along the north and east boundaries of the parking lot on the north side of the building, and the portion of the fence facing west be constructed of masonry pillars and wrought iron fencing. Mr. Mark Richardson, Richardson Brother Fence, the contractor for Wilshire Foam Co., was present. After some discussion that the fence was to fence in the parking lot and not for an on-site storage area, a motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", approved the request for site plan approval for 11420 Mathis Drive in the PD-22 (LI) Zoning District as recommended by the Planning and Zoning Commission,that a chain link fence be installed along the north and east boundaries of the parking lot on the north side of the building, and the portion of the fence facing west be constructed of masonry pillars and wrought iron fencing. AGENDA ITEM NO. C.2-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CROWN DRIVE AND FERRELL DRIVE IN THE PD-22 (LI) ZONING DISTRICT. Mayor Binford gave the following information from an Adminis- trative memo. A site plan has been prepared and submitted by the Jackson-Shaw Co. for a proposed 6-story building office/° warehouse complex to be located at the southwest corner of Crown Drive and Ferrell Drive. The property is located in the PD-22 (LI) zoning district and 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 conditions that a detailed landscape and irrigation plan be submitted to the City Staff for approval and the City Staff determine the positioning of the refuse containers. A representative from Jackson-Shaw Co. was in attendance. A motion by Councilman Johnson, a second by Councilman Weidinger, all voting "aye", approved the request for site plan approval for the property located at the southwest corner of Crown Drive and Ferrell Drive in the PD-22 (LI) zoning district as recommended by the Planning and Zoning Commission that a detailed landscape and irrigation plan be submitted to the City Staff for approval and 1 the City Staff determine the positioning of refuse containers. Vol. 35, Page 19 AGENDA ITEM NO. C.3-PUBLIC HEARING: TO CONSIDER THE ANNEXATION OF THE SOUTH HALF OF FYKE ROAD. Mayor Binford gave the following information from an Adminis- trative memo. The City Council, at its meeting on April 20, 1981, called for a Public Hearing to be held to consider the institution of annexation proceedings to annex the south half of Fyke Road. Notice of this Public Hearing was published in the Suburban News on Wednesday, May 6, 1981, in compliance with the require- ments for "Notice of Public Hearing." After holding the "Public Hearing", the next step will be to direct the City Staff to prepare the annexation ordinance for the City Council's consideration at the next City Council meeting. The first reading and passage of the annexation ordinance must occur not more than twenty (20) days and not less than ten (10) days after the Public Hearing. The annexation ordinance must be read and passed a second time, at least thirty (30) days after publication of the caption of the ordinance after the first reading and passage. Mayor Binford asked if there was anyone in attendance who would like to speak in favor or in opposition to the annexation of the south half of Fyke Road. Ms. Joan Hollid:ay,14424 Hague, addressed the Council in favor of annexation and joining with the City Council of Carrollton and sharing in the cost of road improvements for Fyke Road. There being no one else wishing to speak, a motion by Councilman Haggerty, a second by Councilwoman Dingman, all voting "aye", closed the public hearing. Discussions held by the members of the Council related to the history of Carrollton disannexing Fyke Road; of sharing half the cost with Carrollton for improvements to Fyke Road; and of the Mayor and Mayor Pro Tem meeting with Carrollton officials to discuss an equitable agreement for both cities. Councilman Haggerty made a motion to instruct the City Staff to prepare an annexation ordinance for the City Council's con- sideration at the next City Council meeting. The motion was seconded by Councilwoman Dingman. Councilman Johnson made a substitute motion to instruct the City Attorney to write an appropriate letter to the City of Carrollton respectfully requesting the City of Carrollton to annex Fyke Road. The motion was seconded by Councilman Dodd. The vote on the substitute motion was 2 to 3 with Councilmen Johnson and Dodd voting "aye", and Councilwoman Dingman and Councilmen Haggerty and We.ldinger voting "nay". The substitute motion failed. Vol. 35, Page 20 Councilman Weidinger made an addendum to Councilman Haggerty's motion that during the same period of time until the next meeting and the consideration of the annexation ordinance, that the Mayor and Mayor Pro Tem get together with the Mayor and Mayor Pro Tem of the City of Carrollton for discussion of Fyke Road. Council- man Haggerty accepted the addendum and so did Councilwoman Dingman. The motion and amendment carried 3 to 2 with Councilwoman Dingman and Councilmen Haggerty and Weidinger voting "aye, and Councilmen Johnson and Dodd voting "nay". AGENDA ITEM NO. C.4-CONSIDER AUTHORIZING THE EXECUTION OF A DEVELOPER'S CONTRACT WITH CENTRE DEVELOPMENT COMPANY, INC. FOR VALWOOD PARK-FARMERS BRANCH, PHASE ONE. & AGENDA ITEM NO. C.6-CONSIDER AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY AND WOODBINE DEVELOPMENT CORPORATION FOR CONSTRUCTING AND FINANCING THE SANITARY SEWER SYSTEM IMPROVEMENTS FOR VALWOOD PARK-FARMERS BRANCH, PHASE TWO. Mayor Binford gave the following information from an Adminis- trative memo. The City Attorney has drawn up a Developer's Contract and Developer's Contract - Financing Agreement providing for the installation of the necessary public improvements for Valwood Park - Farmers Branch, Phase one in accordance with the City's Subdivision ordinance and the proposal of agreement dis- cussed and agreed upon by the City Council, Woodbine Development Corporation and Centre Development, Co., Inc. at the City Council meeting held May 4, 1981. The land is being platted and public improvements will be installed according to provision of these contracts prior to the issuance of any Certificates of Occupancy. The Developers, Centre Development Co., Inc. and Woodbine Develop- ment Corp., have agreed to the terms of these contracts. Mayor Binford explained that City Attorney John Boyle stated that since Agenda Item Nos. C.4 and C.6 were interrelated, they could be considered as one item. Mr. Craig Knight, Vice President of Land Development for Centre Development Co., Inc. and Mr. Ron Richards, Vice President of Woodbine Development Corp., were present. The members of the City Council discussed with Mr. Knight and Mr. Richards provisions in the agreements and Developer's Con- tracts relating to the financing of the lift station and the sanitary sewer trunk main for the addition; of the thoroughfare plan for the area in question with the proposed bridge on Senlac; and, of the cost to the City for improvements for this area. Minor changes of typos were brought out and changed in the agreements. After more discussion, a motion by Councilwoman Dingman, a second by Councilman Weidinger, approved the Developer's Contract with Centre Development Co., Inc. and the Developer's Contract - Financing Agreement with Centre Development Co., Inc. and the Developer's Contract - Financing Agreement with Woodbine Develop- Vol. 35, Page 21 ment Corp. The motion carried Councilmen Weidinger, Haggerty Councilman Dodd voting "nay". The City Council requested the of obtaining the right-of-way as possible. 4 to 1 with Councilwoman Dingman, and Johnson voting "aye", and City Staff to pursue the process from the railroad as expeditiously AGENDA ITEM NO. C.5-CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF VALWOOD PARK - FARMERS BRANCH, PHASE ONE. Valwood Park - Farmers Branch is a proposed industrial park, being most of the property located west of the Chicago, Rock Island and Pacific Railroad, south of Valwood Parkway and north of the Cooks Creek Levees. The property is located within a PD-22 (LI) zoning district. Phase One of Valwood Park - Farmers Branch is being developed to incorporate industrial buildings, warehouse and office/showroom buildings into this large indus- trial park. This plat has been reviewed by the Engineering Division and it complies with the City's requirements for final plat approval. The City Council approved a General Development Plan for Valwood Park, September 28, 1979, and approved an amendment to the Master Thoroughfare Plan August 15, 1980. Approval of this plat was denied by the City Council on April 20, 1981, because the Developer's Contract had not yet been executed. The Council requested that the plat be resubmitted. This final plat of Valwood Park - Farmers Branch, Phase One has been resubmitted and does comply with the City's requirements. The Planning and Zoning Commission, at its meeting on April 7, 1981, stated that it would recommend approval of the plat if the Developer and the City could agree on a Developer's Contract. A motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", approved the final plat of Valwood Park - Farmers Branch, Phase One, as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. C.6-CONSIDERED IN ITEM NO. C.4. AGENDA ITEM NO. C.7-DISCUSS ALLEY EXTENSIONS IN AREA OF PROPOSED FARMERS BRANCH CHURCH OF CHRIST. Mayor Binford gave the following information from an Adminis- trative memo. The alley between Las Companas and Marsann dead- ends at the proposed Farmers Branch Church of Christ. Approval was granted for a site plan and a preliminary plat for Farmers Branch Church of Christ that did not show extending this alley. At a later Council meeting (December 8, 1980), residents that back up to this alley presented a request to continue solid waste collection in this alley instead of at the curb. This alley must be extended for solid waste pick up to be done in this alley. Vol. 35, Page 22 The Staff recommends that Farmers Branch Church of Christ be required to dedicate the right-of-way for this alley to be extended south to Las Companas Drive and that they be required to pave this alley extension. Mr. Scott Haid, 2943 Las Companas, passed out drawings of the alley as it exists. Mr. Haid asked if the proposal was to extend the alley down Marsann to Las Companas and cul-de-sac it. And if the alley was extended, would the trash pick up remain in the alley. Mayor Binford stated that the cul-de-sac had already been approved, the major change would be the curve, and yes, the trash pick up would remain in the alley. Mr. Ken Polk, representing the Farmers Branch Church of Christ, asked for an explanation of how this situation came about as he had not been at the Council meeting in December, 1980. Mayor Binford stated that at the December 8, 1980 meeting, residents on Las Companas and Marsann presented a request to continue solid waste collection in this alley instead of at the curb and the request was referred to the Staff for study. Mr. Odell Farr, Minister at the Farmers Branch Church of Christ, stated that part of the reason that the Church agreed to the expense of the cul-de-sac on Las Companas was for the curb side pick up and it would cost the Church approximately $7,500 to put in this alley extension. He felt it would be of no benefit to the Church, particularly when they had gone to the expense of the cul-de-sac. He thought this matter had been settled at the meeting in December. Mr. Jack Conniff, 2991 Las Companas, addressed the Council and stated that all the residents there for the past 10 years have had alley trash pick up and it was originally thought and platted for the Church property to be residential. However, the Church purchased the property and the alley pick up was discontinued. Since all other services are in the alley and the garages are in the alley, there should be trash pick up in the alley Mr. Conniff stated. Councilman Haggerty asked if and when the alley is finished and dedicated, will there still be the requirement of a cul-de-sac and Mr. West stated yes, because it is still a dead-end street. Councilman Dodd asked if the City had done away with a cul-de-sac on Cinco and was told yes. Mr. Farr stated that at first, they were going to put a cul-de-sac on Cinco, however, the neighbors protested. And, Mr. Farr wished to make a point of saying that this Church property has never been platted, it was zoned residential but not platted. Vol. 35, page 23 Mr. Alvin Thomas, 2668 Leta Mae Circle, addressed the Council stating that this property had been there doing nothing for all those years and there was no request for the alley extension and now the Church is there and they want the alley extended. Mrs. Haid, 2943 Las Companas, addressed the Council and stated that she was the person who had presented the petition to put the trash pick up back in the alley and she asked why the residents who lived there had not been required to pay for the installation of the cul-de-sac and Mayor Binford told her that the owners of the property upon which the cul-de-sac was placed were the ones required to pay for it. Councilman Dodd asked Mr. Farr and Mr. Polk if there would be any objection to giving of the easement if the City took care of the cost of improvements and Mr. Farr stated that they would have to consult with the Elders of the Church. Since there were anumber of residents from the area in the audience, Mayor Binford asked for a show of hands if they wanted the alley extended and approximately 26 people raised their hands in response. After more discussion, a motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", moved to ask the Farmers Branch Church of Christ to dedicate the necessary easement and the City bear the cost of the paving of the alley. AGENDA ITEM NO. C.8-CONSIDER REQUEST TO ADOPT AN ORDINANCE PROHIBITING THE KEEPING AND RAISING OF CHICKENS WITHIN THE CITY. Mrs. Abby Otis has requested to be placed on the Council agenda to discuss her request that the City adopt an ordinance to pro- hibit keeping and raising of chickens within the City. Mrs. Otis was not in attendance of the meeting. Mrs. Cynthia Stanaland, 12220 Brisbane, addressed the Council and asked if the item concerned residential or commercial areas. The Mayor stated that the Council was not aware of what the problem was and they would have to wait until Mrs. Otis was in attendance of the meeting to find out. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", moved to table the request to adopt an ordinance prohibiting the keeping and raising of chickens within the City until such time as Mrs. Otis can present her request. AGENDA ITEM NO. C.9-CONSIDER REQUEST OF MOBIL OIL CO. FOR SITE PLAN APPROVAL OF THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF MIDWAY ROAD AND SPRING VALLEY ROAD. Mayor Binford gave the following information from an Adminis- trative memo. On April 20, 1981, the City Council approved a Specific Use Permit (Ordinance No. 1344) to allow a service Vol. 35, Page 24 station use at the southwest corner of Midway and Spring Valley. The Specific Use Permit was approved conditioned upon the following items being submitted to and approved by the City Council: 1. The property be platted. 2. A site plan. 3. Elevations of the building. 4. Detailed signage package. 5. Provide chamfer at the corner of Midway Road and Spring Valley which shall be reflected on the site plan. 6. A detailed landscape plan. Mr. Hugo Scott, representing Mobil Oil Co., addressed the Council and presented renditions of various views and elevations of the proposal and explained each to the Council. A sample of the kind of brick to be used on the building was presented. Previous and presented renditions were reviewed. There was discussion about whether the tile roof would blend in with the surrounding area or if the flat roof would be best; and of the screening of the dumpster. After a lengthy discussion of providing the improvements for the widening of Spring Valley Road in the Developer's Contract and the platting of the entire tract, Councilman Haggerty made a motion to approve the site plan with the 6 conditions recom- mended by the Planning and Zoning Commission with the additional condition that by an appropriate instrument and with the Developer's Contract, provision be made for the dedication of a right-of-way for the expansion, the widening of Spring Valley Road and paving of same. Councilman Weidinger seconded the motion. Mayor Binford asked to clarify something. The agenda item reads to approve a site plan and the Council had approved a Specific Use Permit with 6 conditions. They have brought the site plan and the elevations, however, the property is not platted, there is no detailed signage package, no detailed landscape plan and the chamfer is not reflected on the site plan. All conditions will have to be fulfilled before the issuance of any permits by the City. Mr. West pointed out that Mobil would have to come back with the platting for approval after the site plan had been approved. After a bit more discussion ab, Mayor Binford asked for a vote carried 3 to 2 with Councilmen voting "aye", and Councilwoman voting "nay". Dut understanding the motion, on the motion. The motion Dodd, Haggerty and Weidinger Dingman and Councilman Johnson Vol. 35, Wage 25 AGENDA ITEM NO. D.1-DISCUSS AND CONSIDER DIRECTING PUBLIC HEARING TO BE CALLED TO CONSIDER REZONING PROPERTY LOCATED ON THE SOUTHWEST CORNER OF SPRING VALLEY AND MIDWAY ROADS FROM LI TO PD. Mayor Binford gave the following information from an Adminis- trative memo. Section 24-100 of the Zoning ordinance allows only persons having a proprietary interest in any property or the Planning and Zoning Commission or the City Council to initiate zoning changes. Interest has been expressed in rezoning the Mobil Oil Company tract to a Planned Development Zoning District classification. A tentative agreement between the City and Mobil Staffs, on the amending ordinance, has been reached. Should the Council wish to pursue the rezoning, the City Staff should be directed to call public hearings. After some discussion, a motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", called for a public hearing to consider rezoning property located on the southwest corner of Spring Valley and Midway Roads from LI to PD. AGENDA ITEM NO. D.2-CONSIDER PASSING A RESOLUTION REQUESTING FROM DALLAS A WATER CONNECTION FOR EMERGENCY USE AT ALPHA AND INWOOD ROADS. Councilman Dodd made a motion to adopt Resolution No. 81-012 requesting from Dallas a water connection for emergency use at Alpha and Inwood Roads. The motion was seconded by Councilman Johnson. Mayor Binford asked that a change be made in Section 1. of the resolution with the rewording to be "that the City Council of the City of Farmers Branch requests the City of Dallas' per- mission to install meters", etc. There was discussion that the City should approach Dallas on a more personal basis and have a discussion regarding the problem rather than this formal way of a resolution. The need for the assurance of the ability to purchase water from the City of Dallas for emergency purposes through connection to the Dallas water system near Alpha and Inwood was discussed. Councilman Haggerty made a substitute motion to table this item and for himself to make some informal contacts with the City of Dallas in cooperation with the Mayor. Councilwoman Dingman seconded the motion. After some discussion, the substitute motion carried 4 to 1 with Councilwoman Dingman, Councilmen Haggerty, Weidinger and Dodd voting "aye", and Councilman Johnson voting "nay". AGENDA ITEM NO. D.3-CONSIDER ADOPTING AN ORDINANCE ESTABLISHING REGULATIONS FOR APARTMENTS. Mayor Binford gave the following information from an Adminis- trative memo. There are 11 apartment complexes within the City that contain 1,303 dwelling units. There are presently no pro- Vol. 35, Page 26 visions for inspecting the interior of these dwelling units for compliance with the City's Building Code, Minimum Housing Ordinance, Electrical Code or other applicable ordinances. Proposed Ordinance No. 1346 will establish requirements so that the interior of each apartment dwelling unit will be inspected semi-annually for compliance with all codes and ordinances. The ordinance will establish an annual apartment licensing fee of $120.00 per apartment complex. The City Staff has been in conference with owners of apartment complexes and their representatives, and revisions were made to the original proposed apartment ordinance which were more acceptable to all concerned. A copy of the proposed Ordinance No. 1346 was mailed on May 4, 1981 to all apartment complex owners, owner's representatives and the Dallas Apartment Association. All were notified that the proposed ordinance would appear on the Council agenda of May 18, 1981. Mr. Dick Covert, Dallas Apartment Association, reviewed several changes that had been made in the previous proposed ordinance. Mr. Chuck Johnson, representing Brookhaven Apartments, was pre- sent and joined discussions with Mr. Covert on the revisions. Mr. Covert and Mr. Johnson stated the revised ordinance was acceptable to them. Mr. George Brown, of Macon Manor Apartments, was also present for this consideration. There was discussion among the Council as to how the apartment tenants will be notified of the new ordinance and Councilman Dodd asked if the manager of the apartment had the same res- ponsibility as the owner and Mr. Boyle stated that the manager did in fact have the same responsibilities essentially as the owners. A motion by Councilman Johnson, a second by Councilman Haggerty, all-voting "aye", adopted Ordinance No. 1346 establishing regulations for apartments. Ordinance No. 1346 is captioned: AN ORDINANCE OF THE CITY OF FARMERS BRANCH MAKING PROVISIONS REQUIRING AN APARTMENT COMPLEX LICENSE; PROVIDING DEFINITIONS; PROVIDING A LICENSE FEE, AND A REINSPECTION FEE; PROVIDING STANDARDS; PROVIDING FOR INSPECTION OF CERTAIN RECORDS AND THE PREMISES; PROVIDING FOR AN APPEAL TO THE CITY COUNCIL; PRO- VIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE. AGENDA ITEM NO. D.4-CONSIDER ADOPTING CITY PATHWAY SYSTEM. This item was requested to be placed on the agenda by Council- woman Dingman. Resolution No. 81-014 has been prepared for the Council's consideration. Vol. 35, Page 27 Councilwoman Dingman stated that the City has never formally adopted a pathway system, however, there is a booklet with such information in it that is passed out to developers and they are told to include these pathways in their plans and she feels that the system, if useJ in this way, should be formally adopted. After some discussion of excluding the rest stops from the system, la motion by Councilwoman Dingman, a second by Councilman Dodd, all voting "aye", adopted the City pathway system described in the booklet of October 1979, excluding the rest stops, by way of Resolution No. 81-014. AGENDA ITEM NO. D.5-CONSIDER CALLING PROPOSED USE HEARING ON REVENUE SHARING FUNDS AND THE 1981-82 OPERATING BUDGET. Mayor Binford gave the following information from an Adminis- trative memo. The Federal Revenue Sharing Act, as amended, requires a Proposed Use Hearing. This requirement provides the City Council and the City Manager with information and citizen's desires with regards to the use of Revenue Sharing Funds. It further provides an opportunity for citizen input in the 1981-82 fiscal year operating budget. The hearing should be held as near budget process as possible so that be considered during the budgeting It is recommended the Proposed Use Funds and the 1981-82 Operating Bu, to the beginning of the those items presented may process. Hearing on Revenue Sharing 3get be held on June 15, 1981. A motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", called the Proposed Use Hearing on Revenue Sharing Funds and the 1981-82 Operating Budget to be held on June 15, 1981. A motion by Councilman Haggerty, a second by Councilwoman Dingman, all voting "aye", directed the City Staff to have the preliminary budget ready for the Council by July 15, 1981 instead of August 15th. Councilman Haggerty requested the City Staff to advise the City Council of the number of linear feet of waterline that has been installed and the dollar amount of revenue sharing money that has been spent and what amount of the City money has been paid on the Waterline Replacement Project. AGENDA ITEM NO. D.6-CONSIDER ACTION CLARIFYING COUNCIL'S POSITION ON LIMITING NUMBER OF STORIES OF PARKING STRUCTURES. Mayor Binford gave the following information from an Adminis- trative memo. On February 18, 1980, the City Council approved a motion to support the limitation of parking garages to 2 levels. The motion included all the area within Farmers Branch east of IH36E. The motion was a response to a request from the Far North Dallas County Traffic Study Committee for recommendations involving their traffic study. The motion was to support the limitation of parking garages to 2 levels and was not in the form of a moratorium on buildings or ordinance change. The City's current building Vol. 35, Page 28 and zoning standards will allow parking structures along Dallas Parkway to be constructed greater than 2 levels. There has developed some misunderstandings concerning the intent of the motion. 1. Did the Council construction of 2 levels within of IH35E. 2. Did the Council Far North Dallas mittee to limit to 2 levels. actually intend to prohibit the parking structures greater than the area of Farmers Branch east intend only to recommend to the Areas County Traffic Study Com- the height of parking structures The Staff recommends the height of parking structures not be limited to 2 levels in height, and the motion approved by the City Council on February 18, 1980, recommending limitation of the height of parking structures within the area east of IH35E be rescinded. Councilman Haggerty gave a brief history on this item and said it was originally brought about by Addison because of the voluntary restriction by the developers of the Quorum to limit the height of their parking garages and it turned out that there was already a structure approved by this City that was above this just to the south of the Quorum. The essential point of dis- cussion was that with the present levels of zoning, which is far below the potential density of traffic even at this level, all of the roads that are in place and all of the proposed widen- ings will not be able to handle the volume of traffic. It is a responsibility of municipalities, County and State, to provide thoroughfares. It was logical to realize that at some point, this would become an impossibility if there was no restriction of the levels of parking garages and this was agreed to, however, that committee has gone by the wayside. Mayor Binford explained that the Far North Dallas Traffic Study Committee was trying to obtain the cooperation of all the surrounding cities at the time the extension of the Parkway was being planned. The members of the City Council discussed the advantages and dis- advantages of placing a restriction on the levels of parking garages. City Attorney John Boyle stated that the City Council has the ability to amend the basic zoning ordinance in regulatory type such as this. Mr. Boyle stated that a moratorium could be instituted and during this time all factual aspects can be reviewed for further consideration. Vol. 35, Page 29 After more discussion, Councilman Haggerty made the motion to declare a moratorium on the approval of building permits for parking structures in excess of three levels and that would include the surface level and to call a public hearing to con- sider a zoning ordinance providing for the same, with the moratorium not to exceed 60 days and the Staff to prepare the proposed ordinance. Councilman Johnson seconded the motion. Councilwoman Dingman asked to amend the motion that notification of this consideration be sent to all land owners of undeveloped land or that land likely to be affected in the east side of town. Councilmen Haggerty and Johnson accepted the amendment to the motion. The motion passed 3 to 2 with Councilmen Haggerty, Weidinger and Johnson voting "aye", and Councilwoman Dingman and Councilman Dodd voting "nay". AGENDA ITEM NO. D.7-DISCUSS AND CONSIDER SETTING MEETING DATES FOR MONTH OF JUNE. Mayor Binford explained that it appears that there will not be a majority of the Council members in town on the date of the regularly scheduled meeting June 1st. Councilman Dodd made a motion to cancel the meeting scheduled for June lst and have only the regularly scheduled meeting for June on the 15th. The motion died for lack of a second. Mr. Boyle explained that according to the Annexation Statute, it would be necessary to initiate the annexation procedure for Fyke Road by passing an ordinance at a meeting between the dates of May 28th and June 7th. After some discussion, a motion by Councilman Haggerty, a second by Councilwoman Dingman, all voting "aye", called a special meeting for June 1, 1981 at 2:00 P.M., to initiate the annexation procedure for Fyke Road and have the first reading of the proposed ordinance; and to have the regular scheduled meeting on June 15th. AGENDA ITEM NO. D.8-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR CLASS "A", 3000 psi, READY MIX CONCRETE. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", authorized the Administration to advertise for bids for Class "A", 3000 psi, ready mix concrete for a 3 to 6 month period of time. AGENDA ITEM NO. D.9-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR ONE YEAR'S SUPPLY OF WATER METERS AND STRAINERS. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", authorized the advertisement for bids for one year's supply of water meters and strainers. Vol. 35, page 30 AGENDA ITEM NO. D.10-CONSIDER AWARDING THE BID FOR TWO PORTABLE DIFIBRILLATOR/SCOPE/CHART RECORDERS. Mayor Binford gave the following information from an Adminis- trative memo. The purchase of these Difibrillator/Scope/Chart Recorders is required to establish a Paramedic Emergency Ambulance Service. Requests for bids were sent to four prospective bidders on April 24, 1981 and two bids were received May 11, 1981. The low bid was from Motorola Communications, Inc. in the amount of $11,052.00. It is recommended that the bid be awarded to Motorola Communications Inc., in the amount of $11,052.00 for two portable Difibrillator/ Scope/Chart recorders meeting specifications with acceptable exceptions. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", awarded the bid for two portable Difibrillator/ Scope/Chart Recorders to Motorola Communications, Inc. in the amount of $11,052.00. 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 LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. E.1-EXECUTIVE SESSION. An executive session was held at this time. THE COUNCIL RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2-CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", appointed Mark Seiley to Place 2 and reappointed John Herndon to Place 1 on the Planning and Zoning Commission, conditioned upon their acceptance. A motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", appointed Bill Hinckley to Place 5 and Max Winkler to Place 3, Kathy Ingle, Alternate Place 1 and George Hamby, Alternate Place 2 on the Zoning Board of Adjustment and Building Code Board of Appeals, conditioned upon their acceptance. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", instructed a letter be sent to the Library Board members, Place 2, Francis Glancy, Place 5, Florence Mason and Place 6, Nancy Farmer V ,wee `ahetha or -not would $erve_ another term; and, appointed Jo Anne Wolfe to Place 4 and Kyle Kaigler from Place 4 to Ex Officio member, all conditioned upon acceptance. Vol. 35, Page 31 1 A motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", reappointed Carl A. Skibell for another term of one year as Municipal Court Judge and Arthur Skibell and Bob McGuire as replacements in absence of'Carl Skibell. Councilman Haggerty made a motion that any Council member may talk to any City employee whenever they wished but not to give an order to that Staff member. The motion died for lack of a second. A motion by Councilman Weidinger, a second by Councilman Haggerty, all voting "aye", adopted Resolution No. 81-015 creating an Old Farmers Branch Study Committee and appointing eleven members. Those members to be the following, conditioned upon acceptance: Helen Turner Fritz New Wayne Claycomb Mark Seiley Doug McNeill Lorraine Blair Steve Beckham Nita Cox Inez Good Jerry Easom Cliff Taylor A motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye", appointed Councilwoman Dingman to be the Council liaison to the Old Farmers Branch Study Committee. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", appointed Mayor Binford to represent the City on the 4-cities Chamber of Commerce Economic Development Committee. AGENDA ITEM NOS. E.3 & E.4-NO ACTION NECESSARY. AGENDA ITEM NO. F.1-ADJOURNMENT. A motion by Councilman Dodd, a second by Councilman all voting "aye", adjourned the City Council meeting 1981 at 12 midnight. Z, Mayor Bill 19-inf Cit Secretary Weidinger, of May 18, Vol. 35, Page 32