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1975-05-19 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF REGULAR MEETING May 19, 1975 Members of the City Council present were: Mayor George G. Grimmer Mayor Pro Tem W. R. Linn Councilmen: Bill McClung Ken Quevreaux Bill Binford Member of the City Council absent was: Councilman John Dodd Mr. Dodd was out of town on city business and the absence was recognized as being excused. Members of the City Administration present were: City Manager Paul M. West City A ttorney Doug McCallon Director of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of May 19, 1975 to order at 7:30 P. M. AGENDA ITEM NO. 1. - INVOCATION. Councilman Linn gave the invocation. EMERGENCY ITEMS DECLARED. After some consideration, a motion by Councilman Linn, a`second by Council- man Binford, all voting "aye", declared an emergency and placed the following on the agenda.: Item 5. A. -Consider Adopting a Resolution Requesting the County Clerk to Recognize Farmers Branch Addresses. Requested by Mayor Grimmer. Item 5, d. - Presentation of Petition and Discussion. Presented by Charles Howard, 2923 Sunbeck Circle. Item 5. e. - Discuss Pioneer Days. Requested by Jim Proffitt, President of Farmers Branch Jaycees. Item 7. a. - Consider Request for Additional Grading and Filling on Cooks Creek North of Shoredale. Requested by Jeff Kunkel, 14440 Shoredale. { i Vol. 24, Page 15. AGENDA ITEM NO. 2. -APPROVAL OF MINUTES - May 5, 1975. After some consideration, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", approved the minutes of the City Council meeting of May 5, 1975 as submitted. AGENDA ITEM NO. 3. - PRESENTATION OF AWARD TO MAYOR FOR UNIQUE AND UNUSUAL SERVICES FOR THE CITY OF FARMERS BRANCH- Mr. Doug McNeill, Farmers Branch-Carrollton Unit Manager of the American Cancer Society presented to Mayor Grimmer a baseball bat for hitting the first hit and getting the first run in a recent donkey baseball game that was held for a Cancer Fund drive. AGENDA ITEM NO. 4. -PRESENTATION OF SERVICE AWARDS. Mayor Grimmer presented to Lue Wheeler of the Finance Department a 10 year service award and to Gerald P. Smith of the Police Department a 15 year service award for their employment with the city. AGENDA ITEM NO. 5. - PRESENTATION OF CERTIFICATES OF APPRE- CIATION. Mayor Grimmer presented certificates of appreciation for Barbara Glenn and to Tomey McClain for having served on the Library Board, and to Curtis Flatt for having served on the Planning and Zoning Commission. AGENDA ITEM NO. 5.A. -CONSIDER ADOPTING A RESOLUTION REQUESTING THE COUNTY CLERK TO RECOGNIZE FARMERS BRANCH ADDRESSES. REQUESTED BY MAYOR GRIMMER. Mayor Grimmer stated that he had had an occasion recently to register a vehicle at the Sub-Station Court House where he put the name of Farmers Branch for his address and the County Clerk's office changed it to where it read Dallas. He read a resolution that he had asked to be prepared. The Resolution No. 75-019 requests the County Clerk's office to use the name of Farmers Branch as the address to register vehicles of the citizens of Farmers Branch. A motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", adopted Resolution No. 75-019. AGENDA ITEM NO. 5. d. -PRESENTATION OF PETITION AND DISCUSSION. PRESENTED BY CHARLES HOWARD, 2923 SUNBECK CIRCLE. Mr. Charles Howard, 2923 Sunbeck Circle, stated he was present in behalf of most of the citizens in the area of Sunbeck Circle who had presented a petition to the City opposing the building of any more churches on Sunbeck Circle. He stated that Sunbeck Circle already has three churches on the short street and another church has recently purchased property to build a church. He stated that every homeowner on Sunbeck Circle is in agree- s nient that a fourth church is not needed on this small residential street. VoL. 24, Page 16. Mr. Howard stated traffic will be unbearable with another church which it is aleady heavy on Sundays and at least one night a week. He stated that the additional parking spaces required will further detract from the desirability of the residential neighborhood, and further depress the value of their property. Mr. Howard requests help from the City Council on their problem. Mayor Grimmer stated that there is no state law or City ordinance that denies any land the use as a church. He stated that there is nothing that can be done in the way of zoning other than possibly, placing a specific use permit type of regulation to restrict the number of churches allowed within the residential area. There was discussion of passing a moratorium of the issuance of permits for the construction of churches in residential areas while the City looked into this situation. After more discussion, a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", instructing that a moratorium be placed on the issuing of any building permits for churches in residentially zoned areas in the City pending a study to require a Specific Use Permit for the construction of a church in residentially zoned areas in the City. r AGENDA ITEM NO. 5, e. -DISCUSS PIONEER DAYS. REQUESTED BY JIM PROFFITT, PRESIDENT OF FARMERS BRANCH JAYCEES. Mr. Jim Proffitt, President of the Farmers Branch Jaycees and speaking in behalf of the Farmers Branch Jaycees, requested permission from the City Council to coordinate the Pioneer Days Celebration for the 3rd week in September. He stated the events would take place as the same as last year in the Farmers Branch Shopping Center. After a brief discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", granted the request of the Jaycees to coordinate the Pioneer Days Celebration in Farmers Branch to be held in September subject to the owners permission of the property where the events will be held. MAYOR GRIMMER RECOGNIZED BOY SCOUT TROUP NO. 737. AGENDA ITEM NO. 6. -PUBLIC HEARING: CONSIDER REQUEST FOR ZONING CHANGE FROM THE PRESENT ZONING OF LIGHT INDUSTRIAL TO PLANNED DEVELOPMENT (PD) ALLOWING LIGHT INDUSTRIAL USES. PROPERTY LOCATED ALONG AND GENERALLY WEST OF I. H. 35E. Mayor Grimmer opened the public hearing to consider whether or not the # property located along and generally west of I. H. 35E should be changed from L. I. to Planned Development (PD) allowing Light Industrial uses. Vol. 24, Page 17. Mayor Grimmer gave the following information: On January 13, 1975, the Planning and Zoning Commission directed that a public hearing be called to consider rezoning the western portion of Farmers Branch from its current zoning of Light Industrial to a new zoning of Planned Development area allowing Light Industrial uses. A Planned Development zoning allowing Light Industrial uses varies from a Light Industrial zoning by requiring a site plan be approved prior to permit being issued for any development within the Planned Development area. The Planning and Zoning Commission recommends that the zoning change be denied. Mayor Grimmer asked if there was anyone in the audience who wished to speak in favor of the request. No one spoke. Mayor Grimmer asked if there was anyone in the audience who wished to speak in opposition of the request. The following spoke: Mr. James P. Atkinson of the Atkinson CompanyRealitors), 621 Turtle Creek Village, Dallas, Texas, and representing Wagner Electric Sales Corporation, 2334 Havenhurst, opposed the changing of the zoning on the property in question. Mr. Atkinson submitted written objections from the Wagner Electric Sales Corporation. They objected because: (l.) The zoning amendment will restrict the use of their land and building; and, (2.) The area is largely developed and changes at this point would not appear to have any useful purpose. Mr. Atkinson commented that there is a need of some way to educate the property owners of the requirements that would be placed on the property if the zone was changed. Mr. Richard E. Hobson of the Republic National Bank, and representing the ownership of approximately 48 acres in this area, opposed the zoning change consideration. He stated the planned development zoning is too vague for there are no standards set as to the approving of plans. Mr. Alvin Thomas, 2668 Leta Mae, and property owner in the subject area, opposed the planned development zoning. Mr. Max Sorenson, Real Estate Broker and owner of some property on Wicker Street, opposed the consideration of the zone change. He stated that guidelines for the proposed zone requirements are needed. Mr. Wayne Claycomb, representing the Baptist Foundation and Branch Properties, owners of land in subject area, opposed the zoning change consideration. Mr. Claycomb stated that no guidelines have been set for the planned development proposal. He told of having money tied up in some of the land with the L. I. zoning. He stated that PD zoning is more difficult to sell than the L. I. zoning. Vol. 24, Page 18. Mrs. l11arion Blanton, owner of property north of Valwood on the northeast corner of Valwood Parkway and I. H. 35, opposed the zone change request. Mrs. Blanton stated her mother owns property between I. H. 35 and Denton Drive and she also opposes the zone change. There being no other discussions, a motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", closed the public hearing. After some consideration, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", denied the request for zone change from L. I, to P. D, allowing L. I. uses for the property located along and generally west of I. H. 35E. AGENDA ITEM NO. 7. -PUBLIC HEARING: CONSIDER REQUEST FOR ZONING CHANGE FROM (O) OFFICE TO LR-2, LOCAL RETAIL SECOND DISTRICT, FOR PROPERTY LOCATED AT 2877 L. B. J. FREEWAY. REQUESTED BY CHARLES LANINGHAM. Mayor Grimmer opened the public hearing to consider a request for zone change from O to LR -2 for the property at 2877 L. B. J. Freeway. Mr. Charles Laningham presented a request for a zone change from Office to LR -2 in order to allow a travel agency and an optical company to operate i in his building. Mr. Laningham awns a 0.404 acre tract of land at ' 2877 L. B. J. Freeway. The property is currently zoned Office. Existing improvements on the property consist of a one story, 13, 000 sq. ft. office building. Office zoning prohibits retail use. The uses of a travel agency and an optical company are classified as retail under the City's current zoning ordinance. Mayor Grimmer asked if there was anyone in the audience who wished to speak in favor of the request. No one spoke. Mayor Grimmer asked if there was anyone in the audience who wished to speak in opposition of the request. No one spoke. A motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", closed the public hearing. The Planning and Zoning. Commission recommends that the request for zoning change be denied but that the two uses (Travel Agency and Optical Shop) be allowed in Office zones. City Manager Paul West pointed out that if the Council should elect to follow the recommendation of the Planning and Zoning Commission, then Agenda Item No. 8 which is a resolution changing the use charts of the zoning ordinance to permit travel agency and optical shop in Office zones would accomplish the same purpose the property owner seeks, a Vol. 24, Page 19. After some discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", denied the request for zone change from Office to LR-2. AGENDA ITEM NO. 8. - CONSIDER THE ADOPTION OF RESOLUTION NO. 75-018 ESTABLISHING TWO NEW USES IN AN OFFICE ZONING DISTRICT. A motion by Councilman Binford, a second by Councilman Linn, all voting "aye", adopted Resolution No. 75-018 which establishes the uses of Travel Agency and Optical Shop in an Office zoning district. AGENDA ITEM NO. 7, a. - CONSIDER REQUEST FOR ADDITIONAL GRADING AND FILLING ON COOKS CREEK NORTH OF SHOREDALE. REQUESTED BY JEFF KUNKEL, 14440 SHOREDALE. Mr. Jeff Kunkel, 14440 Shoredale, inquired as to what were the plans for Cooks Creek north of Hollandale beyond the point where the men are working at this time. He requested the Council to reconsider and authorize the continuation of work to at least behind two more houses. He stated that if the work is stopped where it is planned he feels in the near future the work will be for nothing because the direction of the water flow in that area is going to immediately start eating away at the sides of the lead channel where the channel has been stopped. He also requested fill dirt be put in the old existing channel. He requested the City to fix the problem he has of water coming down the creek that erodes his property. He stated the erosion done to his property has devalued and defaced his property. There was discussion as to who was responsible for the maintenance of easements. Mr. Kunkel reported of some dangerous deep holes in the channel. Mr. Jim Rogers, 14444 Shoredale, requested the City to put some rocks on his property to stop erosion. Mr. Walter Martin, 14434 Shoredale, suggested the city continue the work up the channel. Mr. Wayne Bullock, 14430 Shoredale, stated that it is planned for the city to stop the work on the creek right in the middle of the back of his property and requested the continuation of the work at least 80 or 100 more feet. He suggested the sides of the channel be slopped and the dirt taken be out in the old channel. There was discussion by thQ members of the Council that the City Administration would take into consideration all the requests and comments that have been made. Mayor Grimmer stated that there was no action needed by the Council and the City Administration would make further studies and report batik to the Council. Vol. 24, Page 20. AGENDA ITEM NO. 9. - DISCUSS REAL PROPERTY TAXES ON PROPERTY LOCATED AT 2960 SELMA LANE. REQUESTED BY JESSE HAWKS. Upon a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", cancelled this item from the agenda as requested by Mr. Jesse Hawks. AGENDA ITEM NO. 10. - CONSIDER. RESOLUTION NO. 75-017 CONCERNING THE FARMERS BRANCH -CARROLLTON LEVEE IMPROVEMENT DISTRICT. Mayor Grimmer explained that Resolution No. 75-017 concerning the Farmers Branch-Carrollton Levee Improvement District was necessary to eliminate objections by the City of Dallas to the Legislative Bill which has just recently been passed by both houses in Austin. This will eliminate the objections of the City of Dallas, and imposes no additional hardships upon the City of Farmers Branch or the Levee District. A motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", adopted Resolution No. 75-017. AGENDA ITEM NO. 11. -CONSIDER AUTHORIZING AN AMENDMENT TO THE FARMERS BRANCH-SCHOOL COOPERATIVE AGREEMENT. City Manager Paul West explained the following: In June 1973 the Joint School- City Lease Agreement was amended to read, "All school properties and facilities within the city limits of Farmers Branch are termed to be under the Joint School-City Lease Agreement. " The City Administration would like to further this agreement with Amendment No. 2, so stating that city properties will also be under the lease agreement to be used by the school system. The primary reason for this is that the school system has asked for the use of Don Showman Swimming Pool during the month of September for a Learn to Swim Program for the Junior High School. The city does not have a written lease agreement with the school concerning city facilities. A motion by Councilman Binford, a second by Councilman Linn, all voting "aye", authorized the Mayor to enter into an agreement with the Carrollton- Farmers Branch School System leasing city properties for school use. AGENDA ITEM NO. 12. - CONSIDER AWARDING THE CONTRACT FOR PIPE FOR THE WATER. LINE REPLACEMENT PROGRAM. City Manager Paul West gave the following information: On May 14, 1975, four bids were received for additional pipe for the water line replacement program. The low bidder was Trans-Tex Supply for the amount of $26, 628. 00 with delivery in 7-10 calendar days. After reviewing all bids, a motion by Councilman Linn, a second by Council- man Quevreaux, all voting "aye", awarded the contract for pipe to Tans-Tex Supply for the amount of $26, 628. 00 for the water line replacement program. Vol. 24, Page 21. AGENDA ITEM NO. 13. -CONSIDER AUTHORIZING THE ADVER TISEMENT FOR BIDS FOR A 72" MOWER TO BE USED BY THE PARK DEPARTMENT. City Manager Paul West stated that previously the City Council authorized the Administration to enter into a rental-purchase agreement on a 721' mower with the option to purchase at the end of 8 months. Due to a misunderstanding the Company decided not to enter into the agreement. Mr. West stated the Administration is requesting authorization to advertise for bids for a 72" mower and trailer because of the need for the equipment in mowing the city medians. After some consideration, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", authorized the advertisement for bids for a 72" Rotary Mower and trailer. AGENDA ITEM NO. 14. - CITY MANAGER REPORTS. City Manager Paul West gave a report of the various activities of the various departments within the city. After some comments, a motion by Councilman Binford, a second by Council- man Linn, all voting "aye", accepted the City Manager's report. MAYOR: GRIMMER ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED AND THERE ARE ITEMS FOR DISCUSSION IN EXECUTIVE SESSION. Mayor Grimmer explained that Article 6252-17, Section 2 of the open meeting law provided that such item as Personnel Matters may be discussed in closed session. AGENDA ITEM NO. 15. -EXECUTIVE SESSION. a. Discuss Personnel Matters An appointment to the Library Board was discussed. THE MEETING WAS OPENED BACK INTO GENERAL SESSION. No action was needed at this time on the items of discussion in the Executive Session. AGENDA ITEM NO. 16. - ADJOURNMENT. Upon a motion by Councilman Quevreaux, a second by Councilman McClung, all voting "aye", adjourned the City Council meeting of May 19, 1975 at 9:10 p. m. P Ma, r George im.mer r~ ity etary J. a e. 9opp Vol. 24, Page 22.