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1981-06-15 CC MinutesCITY OF FARMERS BRANCH_ CITY COUNCIL MINUTES OF A REGULAR MEETING JUNE 15, 1981 COUNCIL CHAMBER POLICE BUILDING The following members of the City Council were present: Mayor Bill Binford (Arrived 7:38 P.M.) Mayor Pro Tem Herb Weidinger Council Members: John Dodd Carol Dingman Pat Haggerty The following member of the City Council was absent: Council Member Fred Johnson 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 Pro Tem Weidinger called the City Council meeting of June 15, 1981 to order at 7:35 P.M. AGENDA ITEM NO. A.1-INVOCATION. J. W. Wade gave the invocation. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES. A motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", approved the minutes as submitted for the City Council regular meeting of May 18, 1981. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", approved the minutes as submitted for the City Council special meeting of June 1, 1981. MAYOR'BINFORD ARRIVED AT THIS POINT IN THE MEETING. AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AWARDS. Mayor Binford presented service awards to the following employees: Peggy Foster of the Data Processing Division - 15 Year Award Donald Marder of the Police Department - 15 Year Award George A. Odom of Engineering Division - 10 Year Award Denman E. Cox of the Police Department - 5 Year Award Myra J. Droogas of the Police Department - 5 Year Award AGENDA ITEM NO. B.2-CONSIDER DONATION BY FARMERS BRANCH GIRLS GYMNASTIC PARENTS CLUB. Dr. Richard Curry, President of the Farmers Branch Girls Gymnastics, Parents Club, residing at 14410 Cyprus Point in Farmers Branch, presented a donation of Nissen Uneven Gymnastic Bars to the Recreation Center for the use in the gymnastics program. The gymnastic bars were Vol. 35, Page 35. purchased from Nissen by the Parents Club with the proceeds made from their concession table during the Texas Amateur Athletic Federation Girls State Gymnastic Meet held in Farmers Branch on May 15 and 16, 1981. The cost of the Nissen Uneven Bars is $900.00. Dr. Curry expressed appreciation to the City Council for the City's effort and support of the State Meet and the overall gymnastic program. After expressing appreciation to the Parents Club for their donation, a motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye", accepted the donation of the Nissen Uneven Bars from the Farmers Branch Girls Gymnastic Parents Club to the Farmers Branch Recreation Center. 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. No one appeared before the Council. AGENDA ITEM NO. C.1-PUBLIC HEARING: HEARING ON USE OF REVENUE SHARING FUNDS AND THE OPERATING BUDGET FOR FISCAL YEAR 1981-19 Mayor Binford opened and announced that the purpose of this hearing was to secure public input at the beginning of the budget process for the use of revenue sharing funds and the 1981-82 operating budget for the city. This will allow the City Council and the Administration to consider the desires of the citizens during the budget preparations. No official action is necessary at this time other than the public hearing. The Revenue Sharing "Proposed Use Hearing" is required by Law. Mayor Binford opened the hearing to the audience. The following spoke: Mrs. Kathyrn Reeves, Chairperson for the SAGA (Special Action Group on Aging) organization, thanked the City Council for supporting the Northwest Dallas County Service Center this past year. Mailings were sent to 672 households in Farmers Branch as compared to 250 last year that were 65 years of age and older. Mrs. Reeves submitted a request for consideration that a $50,000 homestead exemption be approved for the senior citizens. Mrs. Reeves explained that the 100% evaluation program that has started prompted this request. Mr. Frank Chwierut, 3239 Damascus, requested an additional street light on Damascus for safety purposes. There being no one else wishing to speak, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", closed the public hearing. By show of hands, approximately 34 persons were present in behalf of the senior citizen exemption request of $50,000.00.. Vol. 35, Page 36. After a brief discussion, a motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", instructed the City Staff to include for consideration $50,000 homestead exemption for senior citizens in preparing the 1981-82 budget recommendation. A motion by Councilwoman Dingman, a second by Councilman Dodd, all voting "aye", instructed the City Staff to include for consideration $28,000 disability homestead exemption in preparing the 1981-82 budget recommendation. AGENDA ITEM NO. C.2-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A PRIATE ACTION. Mayor Binford opened the public hearing and announced that the Planning and Zoning Commission opened the public hearing on this consideration, took no action and continued the hearing until July 13, 1981. Section 24-101, Paragraphs (b) & (c) require the Planning and Zoning Commission to conduct a public hearing and make a recommendation and report to the City Council prior to the City Council taking action on proposed amendment, supplment or change in the Zoning Ordinance. A motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", continued the public hearing to consider the request to amend the city's zoning ordinance by granting a specific use permit for a general business sign for the property located at 2755 Valwood Parkway until July 20, 1981. AGENDA ITEM NO. C.3-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE ZONING ON THE 10.35 ACRE TRACT OF LAND LOCATED AT THE NORTHWEST CORNER OF MARSH LANE AND GARDENBROOK DRIVE FROM ITS CURRENT ZONING OF LIGHT INDUSTRIAL TO A PLANNED DEVELOPMENT ZONING DISTRICT ALLOWING CONDOMINIUM USES WITH STANDARDS TO BE ESTABLISHED ON THE SITE PLAN. REQUESTED BY JOEL H. ROEBUCK. Mayor Bin or opened t e pu lic hearing and gave the following infor- mation from an Administrative memo. Mr. Roebuck has a contract to purchase the property at the northwest corner of Gardenbrook Drive and Marsh Lane. The site is zoned Light Industrial and will not permit residential uses. Mr. Roebuck would like to develop the property as a 105 unit residential condominium project. A Zoning change is being requestedto a Planned Development Zoning District allowing condominium uses only with standards established by a site plan. A site plan, landscape plan, building elevations, and project sign plan has been submitted to the city for consideration. The Planning and Zoning Commission recommends the zoning be changed from Light Industrial to Planned Development Zoning District allowing residential condominium uses only, with approval of the site plan subject to the following conditions: 1. The Homeowner's Association Covenants to be approved by the city staff and to include methods of refuse collection aid maintenance of paved areas. Vol. 35, Page 37. 2. The exteriors of the condominium units, excluding doors and windows, to be of 60% brick and 40% wood. Mr. Joel Roebuck presented a request to change the zoning on the subject property from Light Industrial to PD-allowing condominium homes and secondly to approve the preliminary site plan. Mr. Roebuck described the location and zoning on the surrounding property. The proposed development tract encompasses 7.6 acres approximately. Renditions were displayed of the proposal. 105 Units are planned, with 53 units in Phase 1 and construction time starting in October this year, and with 52 units in Phase II and construction time planned for summer of 1982. Entrance to the project is off Gardenbook and there will be an emergency only entrance at the western end of the development. A combination of a 6' masonry and wrought iron fence will completely surround the pro[ject. Each unit will be two stories with living area down stairs and bedrooms upstairs. One covered parking space will be provided for each one bedroom within the development and two covered parking spaces for each two bedroom unit. There is to be 240 parking spaces on the site. A utility easement has been provided along the drainage channel along the eastern border of the property at the City's request. The development has been designed so as to accommodate the City's pathway system. A security system for the project is being studied. Mr. Roebuck described the construction of the buildings and of the floor plans of the units. Mayor Binford asked if there was anyone in the audience that wished to speak in favor or in opposition to the request. No one spoke. A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", closed the public hearing. After a brief discussion with Mr. Roebuck, a motion by Councilman Weidinger, a second by Councilman Haggerty, all voting "aye", adopted the following captioned Ordinance No. 1349 that amends the zoning as requested and approves the site plan submitted with the conditions recommended by the Planning and Zoning Commission: AN ORDINANCE OF THE CITY OF FARMERS BRANCH AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, SO AS TO CHANGE THE DESIGNATED ZONING ON THE 7.6315 ACRE TRACT OF LAND LOCATED AT THE NORTHWEST CORNER OF GARDENBROOK DRIVE AND MARSH LANE, SAID TRACT BEING A PART OF BLOCK 7 OF BROOKHAVEN BUSINESS PARK PHASE II, FROM LIGHT INDUSTRIAL TO A PLANNED DEVELOPMENT ZONING DISTRICT ALLOWING RESIDENTIAL CONDOMINIUM USE ONLY WITH STANDARDS ESTABLISHED BY SITE PLAN APPROVAL, PROVIDING FOR APPROVAL OF THE HOME- OWNERS ASSOCIATION COVENANTS, PROVIDING FOR THE EXTERIORS OF THE CONDOMINIUN UNITS TO BE OF SIXTY PERCENT BRICK.AND FORTY PERCENT WOOD, PROVIDING FOR SEVERABILITY, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE, PROVIDING FOR INJUNCTIVE RELIEF, AND DECLARING AN EMERGENCY. Vol. 35, Page 38. AGENDA ITEM NO. C.4-CONSIDER REQUEST TO REVIEW AND REPEAL SECTION IN ORDINANCE NO. 777 RELATING TO TRAPPING OF CATS AND TAKE APPRO- PRIATE ACTION. Mrs. The ma Doty, 13371 Glenside, requested this item be put on the agenda. Mrs. Doty presented a petition signed by 277 residents of the City of Farmers Branch requesting the City Council to reconsider and revise City Ordinance #777, which essentially states that all animals must be confined to the owner's property or under the owner's control at all times. Mrs. Doty and signees requested exclusion of cats in this ordinance and/or at least leave the enforcement of this ordinance pertaining to domestic pet cats to the discretion of the city pound under the jurisdiction of the Chief of Police and not in the hands of individual citizens by placement of baited traps and destroying pet cats. Mrs. Doty stated that everyone concerned recommends that all cats should be vaccinated for rabies. Mr. Joe Waters, 2950 Meadow Green, reported of having some problems with cats in his neighborhood (of being a nuisance) and spoke in support of the present ordinance. There were discussions relating to the impoundment of cats that does not have collars or tags; the importance of the requirement requiring rabies shots; regulations of the loaning out of cages; and of studying for possible alternatives for controlling cats. Mrs. Doty mentioned that if necessary she would like her request be put to a referendum before the citizens if something else could not be done in controlling cats. City Attorney John Boyle explained the procedure for acquiring signatures for a referendum. After more discussion for the need of controlling cats, a motion by Councilman Weidinger, a second by Councilman Haggerty, all voting "aye", tabled this consideration and requested the City Staff to investigate and see if alternative ways can be found in controlling cats and come back to the Council with recommendations. AGENDA ITEM NO. C.5-CONSIDER REQUEST FOR DISCUSSION OF CONSTRUCTION AT 3478 AND 3480 COURTYARD, T is item was delayed until later in the meeting. Mr. John Davis who had requested the item be placed on the agenda was not present at this point in the meeting. AGENDA ITEM NO. C.6-HEAR COMPLAINT CONCERNING THE CONDITION OF PROPERTIES AROUND COURTYARD CIRCLE AND TAKE APPROPRIATE ACTION. Mr. Robert Gunn of 3466 Courtyard Circle requested this item e placed on the agenda. Mr. Gunn presented a petition of 12 signatures of homeowners on Courtyard Circle requesting the City Council to take whatever Vol. 35, Page 39. action is necessary to clean up the 5 feet and bricks in the streets around Courtyard Mr. Gunn reported that complaints have beep of these conditions and no relief has been contractors have been cited for violations up their property. high weeds, dirt Circle. a registered many times received. Building but have not cleaned Mr. Bill Robinson, 3463 Courtyard Circle, also spoke in favor of the Council taking action to get the contractors to clean up their building materials. Mr. Gunn and Mr. Robinson mentioned a concern to them that they were required to install a brick wall on their property where other property owners were not having to do the same. After more discussion of the conditions of the properties being a fire and safety hazards, a motion by Councilman Dodd, a second by Councilmand Weidinger, all voting "aye", instructed the City Administration to investigate alternatives in regards to maintaining the integrity of the neighborhood appearanceG, and/or possibly the City cleaning up the property and placing alien against the property owner for the charge of cleaning. AGENDA ITEM NO. C.7-CONSIDER REQUEST OF DALLAS COUNTY HISTORICAL COMMISSION AND TAKE APPROPRIATE ACTION. Mayor Binford opened the discussion by giving the following informa- tion from an Administrative memo. The Dallas County Historical Commission would like to include Farmers Branch in the County Historical Resource Survey to begin in August of this year, with a final report due by the Historical Consultant in March of next year. The Commission requests a $1,000.00 grant to be matched by the County Historical Commission for the Farmers Branch Survey. Mr. Jon Eric Simmons, member of the Dallas County Historical Commission, presented the request for the city's participation. Mr. Simmons explained that the survey is being conducted by the State and Dallas County Historical Commissions and is for the purpose of identifying historic resources in the State of Texas and making a preservation plan for the site. In the report that is to be made, portions will be useful to the City of Farmers Branch in determining what the City would like to do in pursuing goals in historical preservation. The request of $1,000.00 will be matched with funds provided through the National Register— and Awards Program grant that would be awarded to the State of Texas by the Department of Interior. The survey is being conducted in cities outside of the City of Dallas, Dallas is not included. Mrs. Glenna Grimmer, 3040 Eric Lane, also County Historical Commission, was present Mrs. Grimmer stated that the survey would City and is interested in seeing the city stated that the Gilbert House, one of old( was an example as a historic resource. a member of the Dallas in behalf of the request. be very valuable to the participate. Mrs. Grimmer Est houses in Dallas County, Vol. 35, Page 40. There were discussions relating to possible sites in Farmers Branch qualifying for the National Register; of the same request being made to all other Dallas County area cities; and that funds from the Hotel/Motel Tax could be used for payment of the survey. A motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", approved the request for the $1,000.00 matching grant to the Dallas County Historical Commission for a Historical Resource Survey in Farmers Branch and payment for this amount to be taken out of the Hotel/Motel Tax funds. AGENDA ITEM NO. C.8-CONSIDER RECOMMENDATIONS OF OLD FARMERS BRANCH STUDY COMMITTEE AND TAKE APPROPRIATE ACTION. This item was placed on the agenda at the request of Councilwoman Dingman. Councilwoman Dingman, as Council Liaison to the Old Farmers Branch Study Committee, gave an update report of the meeting of the Committee. One of the meetings- included a tour of the area in question,which included the Gilbert House and property that the city purchased for historical purposes. Councilwoman Dingman stated that after viewing the Gilbert House, the Committee recommended that funds be appropriated from the Hotel/Motel Tax money for roof repairs and other preventive maintenance, and generally clean up the area for preservation. Councilwoman Dingman stated that window panes need replacing, the roof needs repair and the grounds need maintenance to give an appearance of a lived in manner. It was suggested that the house be inspected for termites. A discussion was held relating to tl.e-.requo~§t-_of the committee. There was discussion of the manner the hedgerow and trees were trimmed and cleaned by the City Staff. After more discussion of possibly contracting out the work that was needed on the property, a motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", instructed the staff to determine what is necessary in maintaining the Gilbert House and grounds, not improving it, but fixing the leaks, cleaning up the general agea for preservation until the Committee comes back with its full recommendations. A motion by Councilman Haggerty, a second by Councilwoman Dingman, all voting "aye", instructed the City Manager to personally check and see what items can be done by City force work and what should be contracted out and take appropriate action, and report back to the Council the findings. There followed a discussion of maintaining the abandoned streets in a condition for travel in this area in question. Vol. 35, Page 41. AGENDA ITEM NO. C.9-DISCUSS PROPOSED STREET SOUTH OF WORD OF FAITH CHURCH AND TAKE APPROPRIATE ACTION. Mayor Bin ford opened the discussion by giving the following information from an Administrative memo: On August 31, 1978, the City of Farmers Branch entered into a Developer's Contract with the Word of Faith Outreach Center Church, Inc. This Developer's Contract required the Church to dedicate 0.2613 acres (11,383 square feet) of land for a street right-of-way along the south property line. There is an existing 60' wide street right-of-way along the south side of the Word of Faith's property, but this street right-of-way had several huge pecan and oak trees located within it. These large trees would have had to be removed if the street was paved within the existing 60' right-of-way, therefore the Word of Faith Church was required to dedicate additional property as street right-of-way along their south property line in order to move the street over and save the majority of these large trees. As a condition of the Developer's Contract the City of Farmers Branch assumed the cost of construction of this street as compensation for the dedication of the right-of-way required from the Word of Faith Church. Since entering into the Developer's Contract there have been no funds for the construction of this street. Recently the City has been requested by Word of Faith Church to proceed with the construction of the street. Mr. James Deacon was present in behalf of the request of the Word of Faith Church. After some discussion, a motion by Councilman Weidinger a second by Councilman Dodd, all voting "a e" instructed the Administration to include this street in the 1981-8, Capital Improvement budget for consideration and look at a 2 lane and 4 lane roadway improvement. AGENDA ITEM NO. C.10-CONSIDER REQUEST FOR FINAL PLAT APPROVAL OF CROWN CENTER AND TAKE APPROPRIATE ACTION. This item was remove from the agenda. AGENDA ITEM NO. C.11-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF INWOOD ROAD AND SPRING VALLEY ROAD, WITHIN THE PD-27 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Bin or opened the discussion by giving the following infor- mation from an Administrative memo. A site plan titled "Davenport Office Building" has been submitted for the northwest corner of the intersection of Inwood Road and Spring Valley Road. The pro- perty is within PD-27 Zoning District. The PD-27 Zoning District allows LI uses and requires a site plan to be approved prior to building permits being issued. The site plan indicates the location of a 6 story office building, 101,500 sq.ft. in area, with surface and structural parking for 341 cars. The plan also indicates refuse container location and ingress and egress points. Building elevations and landscaping plan have also been submitted for consideration. The Planning and Zoning Commission recommends that the site plan be approved with the following conditions: 1. The truck berth locations be approved by the City Staff. Vol. 35, Page 42. 2. The refuse container be relocated to a location approved by the City Staff. 3. The refuse container be screened by a screening approved by the City Staff. 4. The street intersection right-of-ways be chamfered 25' x 25' to provide for a larger turning radius. 5. Utility plans to be shown and approved by the City Staff. 6. The signage details to be approved by City Staff. Mr. Jerry Clements, an architect for the Davenport Office Building was present and stated they would comply to the conditions of the Planning and Zoning Commission. After some discussion, a motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", approved the site plan with the six conditions recommended by the Planning and Zoning Commission for the property located at the northwest corner of Inwood Road and Spring Valley Road. AGENDA ITEM NO. C.12-CONSIDER REOUFST FOR SITE PLAN APPROVAL FOR PROPERTY LOCATED ALONG THE WEST SIDE OF TREEVIEW LANE BETWEEN THE NORTH SERVICE ROAD OF IH E AND MAYBROOK DRIVE AND TAKE APPROPRIATE ACTION. Mayor Binford opened the discussion by giving the following informa- tion from an Administrative memo. Connel Construction Company has submitted a site plan of the property along the west side of Treeview Lane between the north service road of the L.B.J. Freeway and May- brook Drive. The property is within the PD-14 Zoning District which allows office uses. The site plan proposes an office complex con- sisting of 7 two-story office buildings with adjoining parking. The buildings will range in floor area from 6,139 sq.ft. to 8,085 sq.ft. The project will be a condominium office complex. Buildings will be sold to individual owners, however, there will be common ownership of all grounds within the development. An association will be formed to maintain the grounds and exterior of the buildings. The Planning and Zoning Commission recommends that the site plan be approved subject to the following conditions. 1. The Homeowners Association Covenants to be approved by the City Administration and to contain items requested by the City Staff. 2. The proposed signs to be approved by the City Staff. 3. The landscape plan to be approved by the City Staff. 4. A low type shrubbery to be required along the service road of L.B.J. Freeway, Treeview Drive and Maybrook Drive, and in front of the parking area. 5. That shrubs be planted along the north side of Maybrook Drive adjoining the property. The shrubs be of the same type that are currently existing along Maybrook Drive. Mr. Tommy Stewart, representing Connell Development Company was present and spoke in behalf of the request. Vol. 35, Page 43. Mr. Stewart stated that Connell Development Company goes along with the first three items of the Planning and Zoning Commission's recommendation but requested alleviation of items four and five. Mr. Stewart stated that placing shrubbery along L.B.J. Service Road would not be a problem but placing shrubbery along Maybrook and Treeview opposes a problem. There is a 3' distance from the pro- perty line to the back of the curb which in that 3' a 2' car overhang is planned and this does not leave any room for shrubs. Mr. Stewart requested the site plan be approved as drawn without the requirements of shrubs along Maybrook and Treeview. Mr. Stewart mentioned other developments that do not have shrubs along the streets. Mr. Stewart stated that the fireland. could be cut down 2' to provide a wider strip and then shrubs could be provided but he did not believe this would be acceptable to the city. There was discussion that a ground cover growth could be a possibility for landscaping the strip; and of the Council's desire for the completion of the hedge along the back fence where there has been a gap left as indicated in Item No. 5 recommendation. Further discussions pursued relating to the experience of the developers in building office condominiums; the financing of the project; and of the provision for an office owners Associa- tion being responsible for maintaining the grounds. A motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", approved the site plan for the property located along the west side of Treeview Lane between the north service road of IH635E and Maybrook Drive, as recommended by the Planning and Zoning Commission with the substitution of some type of ground cover, approved by the City Staff for shrubbery in Item No. 4. AGENDA ITEM NO. C.13-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR. THE PROPERTY LOCATED AT 1925 VALLEY VIEW LANE IN THE PD- LI ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Bin or opened the discussion by giving the following informa- tion from an Administrative memo. The El Chico Corporation located at 1925 Valley View Lane is within PD-22 (LI) Zoning District. Site plan approval is required before permits can be issued for signs within the area. Signgraphics, Inc. is requesting site plan approval for a general business sign identifying the E1 Chico Corporation. The El Chico Corporation plans to remove two existing signs that are located in front of their building at 1925 Valley View Lane and replace with 1-28 sq.ft. general business sign. The sign will be a ground level sign located in front of the building and setback 30' from the front property line. The sign complies with the City's Zoning standards. The Planning and Zoning Commission recommends that the site plan be approved. Vol. 35, Page 44. LJ Mr. Gene Naive, representing Signgraphics, Inc. was present in behalf of the request. After some consideration, a motion by Councilman Dodd, a second by Councilman Weidinger,.allvoting "aye", approved the site plan for the property located at 1925 Valley View Lane to permit a general business sign as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. C.14-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED AT 1910 CROWN DRIVE INT THE PD-22 LI ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Bin or opened the discussion by giving the following infor- mation from an Administrative memo. Overhead Door Company which is located at 1910 Crown Drive has an outside storage area at the rear of their building. The storage area is enclosed with a 6' high chain link fence with three strands of barb wire along the top of the fence. The Overhead Door Company property is located within the PD-22 (LI) Zoning District. The PD-22 standards require outside storage areas to be screened from view of the public by solid man made opague fences of materials that are consistant with the construction of the building. The PD-22 standards allows variances to be approved upon site plan approval. A site plan must be approved before building permits can be issued for the fence and in order for the fence to remain as constructed. The Planning and Zoning Commission recommends that the request for site plan approval be denied. Mr. Dean Downing, representing Overhead Door Company was present and presented the request. Mr. Downing explained that the chain link fence is adjacent to a railroad easement and to another building under construction and is not clearly visible from the street. Steel and metals will be stored in the fenced area. Discussions held related to the chain link fence not being visible from the street; conditions of slatted fences over a period of time; and of the possibility of planting some type of greenery vines for screening the fence. Councilman Haggerty made a motion to approve the site plan as request for the property located at 1910 Crown Drive for a chain link fence to remain. Councilman Dingman seconded the motion. The motion carried 3 to 1 with Council Members Haggerty, Dingman and Weidinger voting "aye", and Councilman Dodd voting "nay" C.15-CONSIDER Mayor Bin or opened the discussion by giving the following infor- mation from an Administrative memo. The Farmers Branch Shopping Center is located on the southwest corner of the intersection of Josey Lane and Valley View Lane, The center is within a PD-8 Zoning District which allows LR-1 uses and is subject to the Vol. 35, Page 45. provisions of Ordinance No. 146. Mr. Joe L. Lancaster, Jr. and Mr. Peter Kosley of the Henry S. Miller Company have stated that they have a contract to purchase the property subject to site plan approval. A site plan of Farmers Branch Shopping Center has been submitted by Mr. Lancaster and Mr. Kosley indicating the following items. 1. Four additional free-standing buildings located along Josey Lane. 2. Future additions to the existing retail buildings. 3. Rearrangement of some parking areas. 4. A new pylon sign to replace the existing Farmers Branch Shopping Center sign at the intersection of Josey Lane and Valley View Lane. 5. A new pylon sign along Josey Lane at the Shopping Center entrance. 6. A new pylon sign along Valley View Lane near the Richardson Savings & Loan office building. The Planning and Zoning Commission recommends that the site plan be approved subject to some nine conditions. Mr. Joe Lancaster, President of Henry S. Miller Management Corpora- tion and Senior Vice President of the .--parent company, was present and presented the request. Mr. Lancaster stated that a revised site plan was submitted to the City on June 11, 1981 that incorporated all the recommendations of the Planning and Zoning Commission. Mr. Lancaster pointed out the differences of the original and revised plan. The building planned east of Turner Hardware and north of the bank is 12,000 sq.ft. and there is a driveway to existing commercial building to the south. The revised site plan adds parking spaces. Mr. Addison Bradford, representing the First City Bank-Farmers Branch, spoke in opposition of the 12,000 sq.ft. building being build at proposed location on the site plan. Mr. Bradford stated that this proposed building could have an adverse affect upon the First City Bank. Mr. Bradford stated the bank did not oppose the whole development but did request that the bank be given an opportunity to work with the developers of possibly purchasing or leasing the property. Mr. Bradford stated the adverse affects on the bank by the proposed 12,000 sq.ft. building involved customer parking at the bank, egress and ingress to the south end of the shopping center, and create traffic problems. Mr. Lancaster stated that they believed the development would not hurt the bank and would work with the bank for a better understanding. Mr. Lancaster stated that the proposal would solve traffic problems by having structured design for movement of vehicles. Mr. Lancaster listed projects in the area he had deveoped. Mr. Jim Culbertson, 3036 Mark Twain, spoke in favor of improving the shopping center. Vol. 35, Page 46. Further discussions followed relating to signage plans, improve- ments to exising buildings and parking provisions for the shopping center. A motion by Councilman Haggerty, a second by Councilman Dingman, all voting "aye", approved the site plan of the Farmers Branch Shopping Center in accordance with the recommendations of the Planning and Zoning Commission. Mayor~Bin-ord opened the discussion by giving the following infor- mation from an Administrative memo. On March 19, 1981, the City Council conducted a public hearing to consider the request of the Centre Plaza Hotel for a specific use permit to allow indoor commercial amusement use. The hotel would like to install several amusement devices in the gameroom located on the ground floor. The Council tabled the request in order for the study of drafting an ordinance tying gamerooms to hotel uses. The Planning and Zoning Commission recommended that a specific use permit be approved with the condition that no more than six games be installed and the hours of operation be 8:00 A.M. to 11:00 P.M., seven days a week. Mr. Joe DePalma, representing Centre Plaza Hotel explained that the hotel had received notice informing that unless the matter of amusement devices in the gameroom can be resolved, the Holidome designation will not be possible. Mr. DePalma stat(~Ithat business has increased since February and he thinks it is because of the Holidome designation and if the designation is lost then he believes business would decrease. Mr. DePalma requested the Specific Use Permit be granted. A motion by Councilman Haggerty, a second by Councilwoman Dingman, all voting "aye approved the specific use permit for the Centre Plaza Hotel by adopting Ordinance No. 1343 with caption of: AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERE- TOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR AN INDOOR COMMERCIAL AMUSEMENT USE IN THE LIGHT INDUSTRIAL ZONING DISTRICT SAID PROPERTY BEING LOCATED AT 4099 VALLEY VIEW LANE: PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING FOR A SEVER- ABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. Councilman Haggerty made a motion instructing the City Staff to proceed in preparing an ordinance allowing game rooms as part of use in hotel zoning. Councilwoman Dingman seconded the motion. The motion carried 3 to 1 with Council Members Haggerty, Dingman and Weidinger voting "aye", and Councilman Dodd voting "nay". Vol. 35, Page 47. AGENDA ITEM NO. C.16-DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR A COMMERCIAL AMUSEMENT USE IN A PD-1 AGENDA ITEM NO. D. 1-CONSIDER ADOPTING THE 1981 EDITION OF THE NATION L ELECTRICAL CODE. Mayor Bin or opened the' discussion by giving the following infor- mation from an Administrative memo. The City of Farmers Branch, as well as most cities in'the area, currently uses the 1979 Edition of the National Electrical Code as it's electrical code. The National Electrical Code is updated every three years to incorporate latest technical changes. Proposed Ordinance No. 1348 has been for your consideration that adopts the 1981 Edition. A motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", adopted the following captioned Ordinance No. 1348. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 11, ELECTRICAL CODE BY AMENDING SECTIONS 11-2, 11-10 AND 11-77; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE, AND DECLARING AN EMERGENCY. AGENDA ITEM NO. D.2-CONSIDER RESCINDING OF A PORTION OF A MOTION PASSED ON MAY 18, 1981 BY THE CITY COUNCIL APPROVING MOBIL OIL SITE PLAN AND CONSIDER CLARIFYING BALANCE OF MOTION. T is item was placed on the agenda at the request o Counci an Haggerty. Councilman Haggerty explained that he desired to clarify the intention of the motion made at the last meeting on the stem involving the site plan for Mobil Oil. Councilman Haggerty stated that in discussions with Mobil Oil they have said they are willing to improve Spring Valley Road and he would like to amend his motion. Councilman Haggerty made a motion that the previous action taken relative to the Mobil Oil Company site plan on May 18, 1981 is hereby repealed and rescinded and that the Council approve the site plan presented as Exhibit A which site plan includes detailed signage package and detailed landscape plan and the elevations of the building proposed and marked as Exhibit B, Councilman Dodd seconded the motion. The motion carried 3 to 1 with Councilman Haggerty, Dodd and Weidinger voting "aye", and Councilwoman Dingman voting "nay". AGENDA ITEM NO. D.3-CONSIDER AUTHORIZING EXECUTION OF AGREEMENT WITH TEREX CORPORATION. Mayor Bin or opened the discussion by giving the following infor- mation from an Administration memo. The Terex Corporation has approached personnel in the Public Works Department with an agreement to furnish a thrity-five (35) cubic yard experimental self-loading scraper for use at the City's Camelot Landfill on a trial/test basis. This machine would be furnished to the City rent free for a period of ninety days beginning about July 1, 1981. The City would incur some normal operating expenses relative to the utilization of this equipment, those being cost of salary for the city's operators, the cost of fuels, oil and Vol 35, Page 48. filters necessary for operation and fluid maintenance cost of tire wear during the city's utilization of the machinery and the cost of insurance covering the machine. The city would not be responsible for mechanical maintenance to the machine. This would be provided by Terex at no cost to the City. The Staff feels this is an excellent opportunity to obtain the use of a large excavating machine at very little cost to the city. Discussions followed relating to the cost of wear and tear on the machine, fuel, tire tread, and blade; and the capabilities of the machine. LJ' A motionby Councilman Weidinger, a second by Councilman Haggerty, all voting "aye", authorized the City Manager to execute an agree- ment with Terex Corporation for the use of this experimental self-loading scraper. AGENDA ITEM NO. C.5-CONSIDER REQUEST FOR DISCUSSION OF CONSTRUCTION AT 3478 AND 3480 COURTYARD AND TAKE APPROPRIATE ACTION. A motion by Councilman Weidinger, a second by Councilman Dodd, all voting "aye", tabled this item until Mr. Davis requests to come back to the Council. 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 Lorraine Skamfer and Norm Long to serve on the Old Farmers Branch Study Committee, conditioned upon acceptance of the appointment. AGENDA ITEM NOS. E.3 & E.4-NO ACTION NECESSARY. AGENDA ITEM NO. F.1-ADJOURNMENT. A motion by Councilman Weidinger all voting "aye", adjourned the 1981 at 11:21. Ma or Bill Bin o s Cir ecretary , a second by Councilman Dodd, City Council meeting of June 15, Vol. 35, Page 49.