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1961-01-16 CC MinutesMINUTES OF A REGULAR MEETING CITY COUNCIL FARMERS BRANCH, TEXAS January 16, 1961 The City Council convened in a regular meeting on January 16, 1961 at the Community Building at 7:30 p.m. with all members present: Mayor Oley Attebery Councilmen Sam Page H. N. Mallon John Wilsey Don Knox Bill Hamilton City Manager J. M. Orman Assistant City Manager John C. Dodson City Secretary Dorthanna Williams Mayor Attebery called the meeting to order. Councilman Wilsey gave the invocation. PUBLIC HEARING-BRIN TRACT EAST OF WEBB CHAPEL ROAD Mayor Attebery reported this hearing was called to consider a request by W. M. Gaynier to change zoning on a portion of the 34.4 acre Brin Tract south of Farmers Branch Creek, east of Webb Chapel Road. Two plats were presented; one showing the original request by Mr. Gaynier for R-3 and R-4 on part of the tract now zoned R-2, the other showing the recommendations of the Plan Commission for R-3 and remainder kept R-2. Mr. Gaynier said he would be glad to accept the recommendations of the Plan Commission. Mr. Gaynier said it is a drastic change from R-5 on the south side of this tract to R-1 on the north side of the tract. In the requested change to R-4 he is shooting for 70 foot lots with 1450 sq. ft. in the house, R-3 for 80 foot lots with 1800 sq. ft. in the house. He, also, stated the request for a pedestrian walkway from Brookhollow to Cabell School can be worked out. Councilman Page asked, how many lots will you lose with the Plan Commission's recommendations? Mr. Gaynier said, only five or six. Mr. R. W. Holman asked the width of the lots. Mayor Attebery said, we are concerned with the zoning change only, the plats will be approved at a later date. Mr. Holman said, these smaller lots would devaluate our property and he is in favor of keeping R-2 zoning. Mr. Addison Bradford said that the conditions that existed at the time this was zoned R-2 still exist and he is in favor of keeping it zoned R-2, he would like to have the walkway to Cabell School but does not want the Council to compromise for it. Mr. Jim Upfield, Valley View Estates, said he concurs with Mr. Bradford, he is opposed to any change of zoning in this property. Mr. Glen Long, Selma Lane, said he would like to support these comments, he is in Page 35 favor of keeping R-2 zoning on this tract. Mr. William Innis, Brookhollow Drive, said he would like to see the area remain R-2 but was in favor of the walkway. Mr. B. J. Anderson, Valley View Lane, spoke in favor of retaining R-2 zone. Mrs. Mason, Mrs. Osborn and Mrs. Rogers, all of Brookhollow spoke in favor of keeping R-2 zone. Councilman Mallon said, he would like to express an opinion, he shares the concern with the Brookhollow residents, we should not have an R-3 or R-4 zone next to an R-1 zone, they are entitled to have a strip of R-2 next to R-1. If R-2 is kept all the way down to R-5 that seems as wrong as to have R-3 against R-1. It would seem to be protecting R-1 sufficiently by accepting recommendations of the Plan Commission. He does not believe anyone will develop R-2 next to R-5. The developer will pay of penalty of six lots or so, he would like to see this area developed and he was inclined to adopt the recommendations of the Plan Commission on condition Mr. Gaynier go ahead with the development. Councilman Page asked Mr. Gaynier, do you plan to go along with the R-3 as recommended by the Plan Commission? Mr. Gaynier answered, yes. Councilman Page asked, how deep are the R-2 lots? Mr. Gaynier said, they are all over 200 feet in depth. Councilman Knox said, a couple of this particular area was studied years ago we had numerous meetings, and they finally worked out something they were all in favor of and he just coul dn't see making changes now. Councilman Wilsey said, he could see where they are all in favor of a buffer zone, but we have an R-5 against an R-2 and he did not believe it will ever be developed without a buffer going both ways, if land is ever to be used for anything othe r than a field it will have to be changed. Councilman Hamilton said, an alley is a good zoning break and he believed it could be developed with an R-2 zone, they worked a long time to get a comprehensive zoning map and it should not be changed. Councilmen Mallon and Wilsey said they would like to take under advise- ment, they believe it could be reconciled with more time and thought. Councilman Hamilton said he was against making a decision other than at a public hearing. Councilman Knox moved they continue the public hearing at the next regular meeting, seconded by Councilman Wilsey, all voting "ayes". PUBLIC HEARING-CONSIDER ZONE CHANGE ON SQUIRE PLACE Consider request by Denver H. Smith and Webb Roberts to change zoning on both sides of Squire Place between the Katy Railroad and Bee Street. The Plan Commission recommended the request be granted under the following conditions: 1. That "C" Commercial zone uses be excluded from the uses allowed. 2. That an approved site plan showing the location and type of Page 36 buildings, offstreet parking and loading areas, and screening be required. 3. That all buildings be set back at least 30 feet from Bee Street and that no parking or loading be allowed in this area. 4. That all means of ingress and egress to the property shall be approved by the City Planning Commission. 5. That all drainage structures, parking areas, service drives and sidewalks shall be installed in accordance with the requirements of the City and the developer shall bear the cost of such improvements. Councilman Mallon asked, are all those conditions satisfactory Mr. Roberts? Mr. Roberts said they are all satisfactory, they are trying to set a standard that will be followed in the area. They are setting up deed restrictions, too. Councilman Mallon asked, what are you going to build? Mr. Roberts said, we are trying to get it set up so we can develop. The people who have been interested did not want to go through the ordeal of getting the zoning changed or special permits. They want to get it set up as a pattern to go by, they believe it is upgrading instead of downgrading, gives a chance of removing old houses that are not desirable. Mr. Smith said, about a year ago he drew up plans for a plastic plant but because of zoning could not build. They want to start a manufactur- ing business, there could be some nice little factories in the area. Councilman Mallon said, it is easy for the Council to make a change to attract industry but difficult to make a change and have nothing happen. Mr. Roberts said, it is impractical as it is, restrictions as proposed would assure the City of some nice buildings. Councilman Mallon said, when the Plan Commission makes recommendations they have good ideas, why can't they accept their recommendations. Mayor Attebery asked, are there any opposed to the change? No one was opposed. Mayor Attebery said, desirable industry will not come to you, you must induce them to come and you must not have too many restrictions. The Council discussed the parking, screening, etc. for the area, also, the conditions set up for the development of the Inwood area. Councilman Hamilton said he would like to see the site and study the restrictions before a decision is made and moved that the hearing be continued until the next regular Council meeting, seconded by Council- man Knox, all voting "ayes". Page 37 REPORT FROM SANITATION COMMITTEE Mr. Glen Long said they have spent a lot of time on the easement problem. They have been watching the City of Richardson who was undertaking the same study. Richardson has paved their first alleys this week. They are planning their last meeting January 30 and will then have their final recommendation. This will be prior to the next regular Council meeting. They had City Engineer Napier to make an estimate on the cost of paving, his estimate was almost exactly the same as Richardson's. They are working on the cost for Farmers Branch now which will have to be financed through a bond program. AMENDING WEED ORDINANCE City Manager Orman told the Council they had made a survey of eight cities, the ordinance should be written depending on what the City wants to do. He asked if they want provisions for large areas of cultivated land in the City? Mayor Attebery said, get an ordinance that will do the job, one that can be enforced. Fire Chief Yager said, cutting a large area around a field is all right for a fire hazard but most complaints are on the looks of the property. Mr. Orman was instructed to have an ordinance drawn up and the Council could work from that. LOTS ADJACENT TO WATERWORTH PARK it was agreed that these lots would be valuable in park property and the Council would like to see the cost of them included in the bond program. CITY OF ADDISON PROJECT Mayor Attebery said he and City Manager Orman met with Councilmen Wood and Dooley of the City of Addison on the previous Friday night. Addison is very interested in getting sewer but not in favor of giving up any land. There was some discussion of trading areas, area between Marsh and Dooley to Farmers Branch; east of Dooley and north of Spring Valley to Addison. Mayor Attebery said, it was agreed both Mayors would ask for authorization to write a joint letter to the property owners in the areas for their preference. They will have to get legal advice from Attorney Nichols (.attorney for both cities) on how the change can be arranged. Councilman Mallon said, if we disannex some land Addison cannot annex but if Addison disannexes Farmers Branch can annex. He suggested a personal visit with the letter. Mayor Attebery said he had given his word he would not contact any of the people personally. Councilman Wilsey moved the Mayor be authorized to write the letters, seconded by Councilman Knox, all voting "ayes". Page 38 CONSIDER BIDS ON AUTOMOTIVE EQUIPMENT City Manager Orman explained that bids were opened on January 11 on 4 new pick-up trucks and on 3 new 4-door sedans. Because of a mis- understanding on specifications on the trucks he would recommend all bids be rejected and advertise for bids again. Councilman Knox moved all bids on pick-up trucks be rejected and readvertise, seconded by Councilman Mallon, all voting "ayes". On the 3 new 1961 model 4-door sedans for Patrol cars Vandergriff Chevrolet Company was low bidder. Three lowest bids were: Vandergriff Chevrolet Company Total $4,124.43 Jarmon Motors 4,491.04 Grantham Motors 4,656.29 Councilman Wilsey moved a resolution be passed authorizing the three patrol cars be purchased from Vandergriff Chevrolet Company, Carrollton, Texas at their low bid price of $4,124.43, that payment be made from Account No. 6 Z-2, seconded by Councilman Knox, all voting "ayes". FINAL PAYMENT ON TENNIS COURTS City Manager Orman said this work has been completed and the final payment of $1,442 is due. Councilman Mallon moved a resolution be passed that the work be accepted and the City Manager be authorized to make final payment in the amount of $1,442 from Park Project No.3, seconded by Councilman Hamilton, all voting "ayes". ORDINANCE NO. 272-REGULATING TRASH BURNING Upon a motion by Councilman Knox, seconded by Councilman Mallon, all voting "ayes" an ordinance was passed to replace Ordinance No. 106. This ordinance had been written at the request of Fire Chief Bob Yager. Mr. Yager said the main change was to enable the Fire Chief or Fire Marshal to issue a burning permit with certain restrictions. Councilman Hamilton said some places in the ordinance read "Fire Chief" and some "Fire Marshal", he recommended all be changed to read Fire Chief. (Note: This change has been made) Caption of the ordinance reads as follows: AN ORDINANCE REGULATING THE BURNING OF TRASH, WEEDS, GRASS, BRUSH, ETC; PROHIBITING THE BURNING OF TRASH, WEEDS, GRASS, BRUSH, ETC. UNDER CERTAIN CIRCUMSTANCES; PROHIBITING THE BURNING OF UNCUT GRASS OR WEEDS; AUTHORIZING PERMITS FOR BURNING TO BE ISSUED UNDER CERTAIN CIRCUMSTANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF $200 FOR EACH OFFENSE; CONSIDER ORDINANCE PERTAINING TO IRVING AND T.R.A. City Manager Orman explained that the City of Irving has requested the T.R.A. to install a trunk sewer under the Trinity River in north- east Irving. This request bears the approval of the T.R.A. but Dallas, Grand Prairie and Farmers Branch must each give their approval. He said Grand Prairie was opposed to it and it has been suggested all Page 39 officials have a meeting and discuss it. Mayor Attebery said T.R.A. was set up to serve 17,000 in Farmers Branch and this would be inade- quate in a very short time. The decision on Irving's request could be vital to Farmers Branch in that Farmers Branch might need help in the near future. LYNN V. LAWTHER FREEWAY City Manager Orman read a letter from the District Engineer about the request to name the portion of I.H. 35E that goes through Farmers Branch and Carrollton the Lynn V. Lawther Freeway. He explained it would be up to the two cities to establish this name as the freeway has already been designated I.H. 35E. FARMERS BRANCH LANE REPAIRS City Manager Orman reported it would cost approximately $600 to put single penetration type asphalt on this street but will have to wait for warmer weather; hot mix asphaltic concrete surfacing would cost approximately $800 and could be applied now. No formal action was taken by the Council. Adjournment. Dorthanna Williams, City Secretary 1 Page 40