Loading...
1977-07-18 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR. MEETING JULY 18, 1977 The following members of the City Council were present: Mayor George G. Grimmer Councilmen: John Dodd Fred Johnson Ken Quevreaux Gene Matthews The following member of the City Council was absent: Mayor Pro Tem Bill Binford Mayor Pro Tem Binford's absence was recognized as an excused absence by the Council. He was out of the City on vacation. The following members of the City Administration were present: City Manager Paul M. West City Attorney Ray Hutchison City Secretary J. W. Wade Director of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of July 18, 1977 to order at 7:30 p.m.. AGENDA ITEM NO. L - INVOCATION Glenn Moore gave the invocation, DECLARING AN EMERGENCY A motion by Councilman Johnson, and a second by Councilman Dodd, declared an emergency and placed the following items on the agenda: No. 22, a. -Discuss Vented Heating R equirements and Substandard Housing Code; and, No. 22, b. - Hear Invitation to Chamber of Commerce Tour. After some discussion of the order of the discussion, Councilman Johnson amended his motion to place the emergency items to be numbered as 3, a. and 3, b, instead of 22, a. and 22, b, . Councilman Dodd agreed to the amendment. The motion passed with all voting "aye". Mayor Grimmer announced that Item 8 on the agenda which was the Public Hearing to consider the Specific Use Permit for a child care facility requested by Calvary United Pentecostal Church for the property located at 13505 Josey Lane, has been requested by the Calvary United Pentecostal Church to be removed from the agenda. Vol. 27, Page 216. Mayor Grimmer explained that since this has been advertised as a public hearing, the Council could not legally remove it from the agenda but the Council may choose not to take action on'it; postpone it, or take any other action that may be appropriate. Mayor Grimmer stated he did want to inform the citizens that were present of this request. There was discussion that if the Council did not take action on the consideration and in order for this to be considered at a later time, the applicant would have to go to the Planning and Zoning Commission and r--quest a waiver of the required 18 months waiting period. A: motion by Councilman Johnson, a second by Councilman Dodd, with all voting "aye", moved item 8 on the agenda to be heard subsequently after 3. b. which would be Item No. 3. C. AGENDA ITEM NO. 2. -APPROVAL OF MINUTES A motion by Councilman Dodd, a second by Councilman Matthews, with all voting "aye", approved the minutes as submitted of the City Council meeting of June 20, 1977. A motion by Councilman Dodd, a second by Councilman Quevreaux, with all voting "aye", approved the minutes as submitted of the Special City Council meeting of June 25, 1977. AGENDA ITEM NO. 3. -PRESENTATION OF SERVICE AWARD. Mayor Grimmer presented Arlie Bowling of the Fire Department a 10 year service award for his employment with the city. ITEM NO. 3. a. -DISCUSS VENTED HEARING REQUIREMENTS AND SUBSTANDARD HOUSING CODE. Mr. Tom Prince, chairman of the Dangerous :Building land Substandard Housing- Code Board of Appeals, presented a resolution dealing with Section VIII, Subsection (1) of the Housing Code, to the Council from the Board of A ppeals. S.ectiow VII,- Subsection (1}, states "that every dwelling unit and guest room shall be provided with heating facility. Such facility shall be installed and maintained in a safe condition in accordance with the requirements of the building code, mechanical code and all other applicable laws and ordinances. No unvented fuel burning heaters shall be permitted. All heating devices and appliances shall be of an approved type. " Mr. Prince read the following resolution from the Board: Whereas, the Dangerous Building and Substandard Housing Board of Appeals has felt compelled to grant appeals from the requirement under the minimum Housing Code to install vented heating facilities in residences and, Vol. 27, Page Z17. at 13505 Josey Lane from the former owner, Central Park Baptist Church. Calvary United Pentecostal Church would like to operate a day care center for preschool age children. The Planning and Zoning Commission has recommended that the Specific Use Permit be denied. Mayor Grimmer stated that the proponents have asked that this be with- drawn for consideration at this time. Rev- Jim Millsap, pastor of the Calvary United Pentecostal Church, explained that their withdrawal request is without prejudice which means they have the option of reappearing before the Planning and Zoning Commission if they are able to resolve some of the differences between them and the neighbors. Mr. Millsap stated that at the Planning and Zoning Commission meeting they encountered opposition from the neigh- bors which was totally unexpected. Mr. Millsap explained that the Church would like to have the opportunity to explain the plans and work with the neighbors on resolving the problems and that is the reason for the request to withdraw their application at this time. After polling the audienceMayor Grimmer announced that the public hearing would be continued. Rev. Millsap continued in behalf of the request. He stated that the church is presently located on Sunbeck Circle and is in the process of purchasing the vacated Central Park Baptist Church building. He explained that their request before the Planning and Zoning Commission was to operate a day care facility that would allow 75 children. Rev. Millsap stated they would be willing to cut down the number to 25 children. He stated they need this facility as a ministry in their church for their families who already have someone else keeping their children. Rev. Millsap pointed out that there are three churches on Webbs Chapel in the very same type R.-6 zoning who already have day care facilities. He pointed out that as far as the noise factor is concerned, the Church can so arrange with the State by the License' to not be able to operate with more than 10 or 15 children in the play area at one time. Rev. Millsap stated that they would be willing to construct a higher fence and willing to think about a permanent bearer down the alley dividing the church from the neighbors in the back. He stated that the outside schedules for play time for the children can be arrange to the desire of the neighbors. Rev. Millsap stated that they are willing to cooperate in any way they can with the city and the neighbors and would like a chance to work some of the difficulties out. Vol. 27, Page 219. Whereas, the Minimum Housing Code is specific in these requirements and, Whereas, this Board has learned that the National Consumer Product Safety Commission began hearings on subject need the week of June 6, 1977. Therefore be it resolved that this board recommends to the City Council that Section VII, Subsection (1) of the Minimum Housing Code setting out subject requirements be held in abeyance until after the Consumer Product Safety Commission report has been published, thereafter amending the said section of the ordinance to conform with the Consumer Product Safety Commission recommendation. Mr. Prince stated that the reason for this consideration has been brought about by property owners who have rent property and are forced to the requirement when a change of occupancy occurs. Mr. Prince stated that the Safety Commission had already started an investigation of the safety of non-ventilated heaters but he did not know when the study would be completed. After some discussion, Councilman Dodd made a motion to take this under advisement by tabling for further consideration and instructing the City Administration to study the various requirements that would be involved and bring back to the Council at a later time. Councilman Johnson seconded the motion. Councilman Quevreaux asked to amend the motion to include that the City Administration correspond with the Consumer Product Safety Commission in Washington, D. C. and see how much information they have put together so far. Councilman Dodd and Councilman Johnson accepted the amendment. The motion carried with all voting "aye". ITEM NO. 3. b. -HEAR INVITATION TO CHAMBER. OF COMMERCE TOUR.. Chamber President Joel R.obuck invited the Council to participate by attending and supporting a Chamber of Commerce Industrial tour to Boston and New York City on September 19 thru 21, 1977. The cost is to be $496 a person. The purpose of the tour is to encourage industry to "locate in"Ahis area. ITEM NO. 3. c. (AGENDA ITEM NO. 8.) -PUBLIC HEARING: CONSIDER. REQUEST FOR SPECIFIC USE PERMIT FOR. A CHILD CARE FACILITY. REQUESTED BY CALVARY UNITED PENTECOSTAL CHURCH FOR THE PROPERTY LOCATED AT 13505 JOSEY LANE. Mayor Grimmer opened the public hearing. Mayor Grimmer stated that the Calvary United Pentecostal Church is purchasing the church building Vol. 27, Page 218. Mayor Grimmer asked if there was anyone else in the audience wishing to speak in favor of the request of the Specific Use Permit? The following spoke: 1. David Cathey, 2730 Fyke Road, Mr. Cathey spoke in favor of the day care facility. He stated he had two small children and this would be an asset to his family and to the city. 2. Johnny Henry, 2832 Esterbrook Mr. Henry spoke in favor of the request. He stated he wanted the facility for his child to attend. He stated they did not want to bring in a hindrance - but a health for the city. 3. Gabriel Millsap, 14055 Rawhide Mr. Millsap, brother to Rev. Millsap, spoke in favor of the request. He stated that he feels the use would be a blessing for his children if it were available, and an asset to the community. Mayor Grimmer asked if there was anyone in the audience wishing to speak in opposition of the request? The following spoke: 1. Ed Crabtree, 13520 Charcoal Mr. Crabtree opposed the request stating reasons of parking, traffic and noise. Mr. Crabtree presented a petition signed by 12 property owners located within two hundred feet of the property in question. 2. Kenneth Carrell, 13606 Littlecrest Mr. Carrell opposed the request stating reasons of noise, traffic coming and going from the property, accidents, and of being a hindrance-in these respects. 3. Lester Bickerstaff, 13676 Littlecrest Mr. Bickerstaff opposed for reasons of traffic, noise and for- the fact that if zoned for this use it would not bver. be unzoned. 4. Mrs. Janos Borocz, 13610 Charcoal Mrs. Borocz opposed for reasons previously stated. 5. Carl Cooper, 13567 Rawhide Parkway Mr. Cooper opposed for reasons of noise. He lives directly behind the property in question. Mr. Cooper stated that he hopes the problems can be worked out. between the Church and the neighbors in order for all to live in peace together. Vol. 25, Page 220. 6. Calvin Phillips, 13412 Charcoal Mr. Phillips opposed the granting of the Specific Use Permit for a commercial gain and that the Permit would stay with the property if the Church moved. He opposed to the noise and traffic for the area. 7. Ron Doerler, 13630 Littlecrest Mr. Doerler opposed because of traffic and noise that would be created by the operation of a day care center. He objected to using this church located in R.-6 zoning as a business. He read a pe#ition'to re,c:onfirm the opposition stated in the petition that was presented to the Planning and Zoning Commission. 8. Mrs. Alex Kaplins:ky, 13650 Littlecrest Mrs. Kaplinsky opposed because she did not want a money making enterprise located in her residential area. 9. James F. McHugh, 13534 Charcoal Mr. McHugh opposed the request because of previous statements of opposition made. 10. Rev. Bill Slayton, 13423 Charcoal, and pastor of Central Park Baptist Church (the previous occupant of the property in question), Rev. Slayton answered many of the questions that had been asked concerning parking, traffic and accidents. Rev. Slayton commented on the way the petition was presented to the people in the area. He pointed out that other churches in R.-6 zoning have child day care centers. He stated that he believed that Rev. Millsap and his people would work with the citizens to help solve the problems in question. There being no other person wishing to speak, a motion by Councilman Dodd, a second by Councilman Quevreaux, with all voting "aye", closed the public hearing. There was discussion among the Council members concerning the limitations of a Specific Use Permit; and of possibly granting the request restricting the number of children and of granting on a temporary basis to see if problems could be resolved between the Church and its neighbors. After more discussion, Councilman Dodd made a motion to table this request so that Rev. Millsap and his congregation can meet with the neighbors and if there is some confusio4 work these out, and then have the consideration brought back to the Council. The motion died for the lack of a second. Vol. 27, Page 221. Councilman Quevreaux asked if- Calvary United Pentecostal Church were planning to vacate the property on Sunbeck Circle and move to the Josey Lane location as their church home? Rest. Millsap answered ,yes. After more discussion, Councilman Matthews made a motion to deny the request for the Specific Use Permit. Councilman Dodd seconded the motion. The motion failed 3 to 1. Councilman Dodd voted for the motion and Councilmen Matthews, Quevreaux, and Johnson voted against the .motion. After more discussion, Councilman Quevreaux.made a motion to post- pone the consideration until November 7, 1977. Councilman Johnson seconded the motion and all voted "aye". AGENDA ITEM NO. 4. -CONSIDER. REQUEST FOR. VARIANCE FROM THE SUBDIVISION ORDINANCE. REQUESTED BY EL CHICO CORPORA- TION. Mr. Bob Patterson, representing E1 Chico Corporation of 1925 Valley View Lane, presented a request to obtain a variance from the Subdivision Ordinance regarding certain prescribed dedications in the final plat of the property at 1925 Valley View Lane. El Chico proposes a building addition at the rear of their existing building. In order to permit the new addition, the El Chico property must be platted. E1 Chico Corporation has received preliminary plat approval from the Planning and Zoning Commission. The preliminary plat indicates the right-of-way for a street along the eastern boundary lines of the El Chico property and reserves the right-of-way for the spine road proposed by the Flood Control District. The street along the eastern boundary line is shown on the City's Thorough- fare Plan. The spine road is not shown on the City's Thoroughfare Plan. El Chico requests a variance from the requirements of the Subdivision Ordinance for dedicating right-of-way and paving the spine road. Mr. Bob Reynolds, architect for E1 Chico, displayed a rendition of the existing developed property and one of the plans for the addition to their property. After some discussion, Councilman Quevreaux made a motion to grant the request and require E1 Chico to dedicate and pave streets as required by the Thoroughfare Plan proposed by the City Administration. Councilman Johnson seconded the motion and all voted "aye". Vol. 27, Page 222. AGENDA ITEM NO. 5. -CONSIDER. APPROVAL OF A THOROUGHFARE PLAN BY CITY STAFF DATED JULY 7, 1977 FOR THE AREA WEST OF I. H. 35. City Manager Paul West presented for consideration a thoroughfare plan for the area west of I. H. 35 that has been prepared and recommended by the City Administration. A copy of the Thoroughfare Plan discussed is attached. Explaining the Thoroughfare Plan, Mr. West gave the following specifics: 1. Senlac would be extended over Cooks Creek to Valwood Parkway. Senlac would be constructed in the center of the area between Farmers Branch city limits north and south and the Hunt properties on the eastern boundary line. 2. A minor north-south thoroughfare will be required along eastern boundary of the Hunt properties to allow ingress and egress to the property between the Hunt and Frisco Railway. 3. A minor east-west thoroughfare will connect the above street to Senlac and extend to the Frisco Railway for possible connection to Valmar Parkway. 4. The major east-west thoroughfare will be centered in an area between Cooks Creek and the City Limits. This thoroughfare will connect to the street proposed by the City of Carrollton and terminate at the west city limit line for future extension by the City of Carrollton. 5. That Senlac intersection with Valley View would be offset. Senlac south of Valley View would be extended to IH635 frontage roads and shall be a minor thorough- fare. 6. A minor east-west thoroughfare will be constructed in the center of the developable area between Valley View and IH635. 7. That Wallace Road alignment will remain as it is. 8. That other minor thoroughfares with a minimum of 44' be constructed as development requires. Vol. 27, Page 223. r~ II~ r r ;~S F-Jr-rl_ 5 )r/ I l r 1 f I L!AAl16l. .T '7 y r r r LR ~r a' A 1 LEGEND 1 6 LANE DIVIDED ROADWAY 4 LANE ROADWAY APPROVED BY CITY CO CIL JULY 18, 1911 ~~TY fl 1~0[I- - ATTESTED: 1~ fCt(RIIV LIL - i i CITY OF FARMERS BRANCH TEXAS PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION THOROUGHFARE PLAN WEST OF 11 35 sun s. ITNN 1ENNIE o..~.m e. IR1AN1 L 1111105 e. ENSIM2114 STAFF o. 1 11 O[ wowon xsu IIONE snccr Mr. West stated that the plan presented was prepared for guiding ' the developers in the development of their plans and is the best for Farmers Branch in providing the most tax base at the least expense. Discussions between the members of the City Council and the City Manager concerned the following topics: - Ingress and egress rout.es':to IH635-and' to Carroi'Ito_n - Existing right-of-way and needed right-of-way - Major thoroughfares in area being Valley View, Luna and Wallace - The plan being a guidance to the developers in designing their drainage systems Mayor Grimmer asked if there was anyone in the audience wishing to speak in regards to the proposed thoroughfare plan? The following spoke: Mr. Phil Orr, President of the Farmers Branch-Carrollton Flood Control District, presented the following resolution from the District: Whereas, the District is vitally concerned with the development of property in the District in order to be assured of the financial feasi- bility of the cost of reclamation and protection from flooding of property within the District and must be concerned with any master plan for develop- ment of property in order that a sufficient tax base can be obtained to retire the indebtedness of the District; therefore Be it resolved by the Board of Directors of Farmers Branch-Carrollton Flood Control District: The City Council of the City of Farmers Branch is respectfully requested not to take action to approve the Thoroughfare Plan of the City Staff dated July 7, 1977 at the Council meeting on July 18, 1977 and to defer consideration thereon until the City's Planning and Zoning Commission has had time to take action on the Thoroughfare Plans now before it by both the City Staff and the District/Elm Fork Improvement Association; or, in the alternative, the City Council is requested to announce that it will give due consideration of both Plans at a sub- sequent meeting of the Council and give due and adequate notice thereof to all interested persons as well as the District and the Association. The District believes that to do otherwise will not afford the District, the Association or the taxpayers of the District the full and impartial hearing that is required to assure that the City Council has before it all of the information necessary to reach a decision on this matter of significant importance to both the City and the District. Passed and approved on the 18th day of July, 1977, with the instruction that the President of the Board appear at the City Council meeting and request the action herein contained. Signed by Phil M. Orr, Jr. , President of tle Board of Directors and Attested by L. Sanders Thompson III, Assistant Secretary of the Board. Vol. 27, Page 224. Mr. Orr stated that the resolution passed with -a unanimous vote of the District. Mr. Orr stated that the District would like for their conceptual master plan to be heard by the Council because they feel it is justifiable, feasible and is a realistic plan of internal drainage and thoroughfares. He stated that the City Staff's ;plan is in direct conflict with the plan that has been developed for the District by consultants. Mr. Orr requested the Council again not to :take action on the plan presented by the City Staff until at least after a work session that is to be held with the District and the Planning and Zoning Commission, and which the City Council is invited to attend. Mayor Grimmer stated that he had received information that the meeting with the Planning and Zoning Commission was not definitely set up. After further discussion, a motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye", approved the July 7, 1977 plan and instruct the Farmers Branch-Carrollton Flood Control District that this plan will be considered as the final action of the Council and instructing the district to prepare drainage plans in conformance with the plan. AGENDA ITEM NO. 6. -CONSIDER. REQUEST FOR APPROVAL OF CELL B STORM WATER. PUMP STATION BY THE FARMERS BRANCH -CARROLLTON FLOOD CONTROL DISTRICT. After some discussion and verifying with Mr. Lee Freese representing the Flood Control District that the Storm Water Pump Station in consideration was located in the City of Carrollton which Farmers Branch has no jurisdiction, a motion by Councilman Dodd, a second by Councilman Johnson, and all voting "aye", to take no action on this matter since the City of Farmers Branch has no jurisdiction. AGENDA ITEM NO. 7. -PUBLIC HEARING: CONSIDER. REQUEST FOR. SPECIFIC USE PERMIT TO OPERATE A PRIVATE CLUB IN A PD-16 (LR.-2, 5-15) ZONING DISTRICT. REQUESTED BY RED LOBSTER. INNS FOR THE PROPERTY LOCATED AT 2833 L. B. J. FREEWAY. Mayor Grimmer opened the public hearing. Section 8-104 of the City zoning ordinance requires a specific use permit it9 operate a private club in a Planned Development and Local Retail-2 Zoning District. Red Lobster, Inns of America Inc. has applied for a Specific Use Permit for the Red Lobster Inn Restaurant at 2833 L. B. J. Freeway. The property is zoned PD-16 (LR.-2) 5-15). Mr. Richard Maurer, Manager of the Red Lobster Restaurant. presented the request for the Specific Use Permit to operate a private club in order to sell mixed drinks, beer and wine. Vol. 27, Page 225. Mr. Maurer stated that because of a decline in customers and requests from the customers, he is requesting the Specific Use Permit to operate a private club. He stated that surrounding restaurants serving liquor by the drink is a major factor for the declining customers. Mr. Phil O'Keefe, area supervisor, Mr. Dan Brundy, operations manager and Mr. Dick Clark, of the license administration division for Red Lobster, were also present in behalf of Red Lobster. Mr. O'Keefe presented a statement of comparison of the customers account figures during the past 4 ,years. He stated he observed a decrease in customers at the Farmers Branch Red Lobster of about 6. 75% for the period of July 1975 to July 1977. Mr. Maurer stated they propose to do the following: 1. Maintain good will with the neighbors in the community. 2. Operate in strict compliance with the local, State and Federal laws. 3. Would operate strictly as a private club - only members issued cards would be allowed to purchase alcoholic beverages; would be a service bar only- bar would be restricted and recessed out of view of the public. Drinks would be served at the tables only upon the request of the members by the dinning room waiters and waitresses, -would not have separate cocktail waitresses. 4. The hours would remain the same. 5. No sign would be outside the building advertising either a bar or a private club. Mr. Maurer requested approval of the Specific Use Permit under the procedures listed above. He stated that the emphasis would remain on food and their concept as a family restaurant offering alcoholic beverages by the drink would remain unchanged. Mayor Grimmer asked if there was anyone in the audience wishing to speak in favor of the request. No one spoke. Mayor Grimmer asked if there was anyone in the audience wishing to speak in opposition of the request. No one spoke. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye closed the public hearing. Following a discussion of the fact that all 5 restaurants located around Dallas are all in dry areas and that the Farmers Branch restaurant is the first to apply for private club; a discussion on advertising; and, of the fact that the citizens of Farmers Branch voted to keep Farmers Branch dry, Councilman Dodd made a motion to deny the request for the Specific Use Permit submitted by the Red Lobster Restaurant. Councilman Johnson seconded the motion. The motion carried 3 to 2. The vote was: Councilmen Dodd and Johnson voting "aye", and Councilmen Matthews and Quevreaux voting "nay", and Mayor Grimmer voting "aye" breaking the tie. Vol. 27, Page 226. AGENDA ITEM NO. 9. -PUBLIC HEARING: CONSIDER. REQUEST FOR. A SPECIFIC USE PERMIT FOR. THE EXCAVATION OF NATURAL RESOURCES. REQUESTED BY HENRY S. MILLER COMPANY, FOR THE PROPERTY LOCATED ON THE WEST SIDE OF THE FARMERS BRANCH-CAR.R.OLLTON FLOOD CONTROL LEVEE DISTRICT AND THE SOUTH SIDE OF VALLEY VIEW LANE. Mayor Grimmer opened the public hearing. Mayor Grimmer stated that a request by Mr. Phil Orr, representative of the Henry S. Miller Company, *as madam to .remove this item-from the agenda but since it has been advertised as a public hearing, it is up to the decision of the Council on what they desired to do about it. The Council expressed their desire to hold the public hearing. Mayor Grimmer asked if there was anyone in the audience wishing to speak in favor of the request. No one spoke. Mayor Grimmer asked if there was anyone in the audience wishing to speak in opposition of the request. No one spoke. A motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", closed the public hearing. A motion by Councilman Quevreaux, a second by Councilman Matthews, all voting "aye", denied the request of Henry S. Miller Company for a Specific Use Permit in a Light Industrial Zoning District for excavation of natural resources. AGENDA ITEM NO. 10. -PUBLIC HEARING: CONSIDER. LEVYING ASSESSMENTS ON FORD ROAD PAVING PROJECT. Mayor Grimmer opened the public hearing. Mayor Grimmer announced that an error was made in notifying the abutting property owners of this public hearing. They were not given the full 15 days notice as required by State Law and this public hearing needs to be rescheduled. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", opened the public hearing and rescheduled it for August 15, 1977. Vol. 27, Page 227. AGENDA ITEM NO. 11. -CONSIDER REQUEST FOR. SITE PLAN APPROVAL FOR. THE PROPERTY LOCATED AT THE NORTHWEST INTERSECTION OF L. B. J. FREEWAY AND MIDWAY ROAD. REQUESTED BY DAL-MAC CORPORATION. Mr. Jack McJunkin, President of Dal Mac Corporation, presented a request for site plan approval of the property located at Valley View Lane, Midway Road and L. B. J. Freeway, directly north of the Treasury Addition. The site plan indicates the location of Alpha Road as shown on the city's thoroughfare plan and other interior streets within the development. An office park is planned of four buildings 8 story in heighth around the small lake that lies on the property. The property is zoned PD-1 (O, LI). The property is unplatted and site plan approval is needed in order to define street locations so that the platting process can be completed. Mr. McJunkin displayed renditions of his proposal. He stated they are planning to totally'devblop;the .4Ate by constructing the buildings, the streets and do the landscaping, all at once. He stated they are planning to totally landscape the medians including the sprinkling system and the lake with this project. The Planning and Zoning Commission recommends the site plan be approved with the following conditions: 1. All streets be a minimum of 44' wide pavement. (A private drive is proposed along the south side of the office buildings only 27' wide. ) 2. Streets within the office park be designed for a minimum traffic speed of 20 m. p. h. (150' radius to inside street curbs. ) 3. All utilities and drainage to be in dedicated easements. 4. A 20' access easement to be dedicated to the city around the lake. (In case the property is sold to different property owners and the lake is not maintained, the city would have access to the lake for maintenance purposes. ) 5. Fire lanes as requested by the public works and fire departments to be dedicated around the office buildings. 6. Landscaping plans to be submitted and approved by the city prior to the final plat being approved. 7. The intersection of Alpha Road and Valley View Lane must conform to the city approved plan prior to final plat approval. (A final design for the intersection has not been completed at this time. ) Vol. 27, Page 228. 8. Street medians must be provided with a sprinkler system. (For maintenance of landscaping.) The sprinkler plan must be approved by the city prior to final plat approval. 9. All pavement in public and private streets and fire lanes to be to city standards. 19. All parking lots to be constructed to city standards. 11. The entrance off of Alpha Road, adjacent to the college property line up with the proposed college road. The college has installed a pedestrian underpass at this location. Mr. McJunkin stated that they are in accord with most of the conditions recommended by the Planning and Zoning Commission. He stated that in No. 4 he is planning to have a co.mmonary maintenance agreement for all the greenbelt throughout their landscaped area in the development and questioned the necessity of providing an easement ardund the lake to the city. He stated be believes the property owners should take care of the lake. City::Manager Paul West stated that the city is looking for some type of assurance that the lake will be maintained, Mr. West stated that the type of agreement desired would be a covenant running with the ]and allowing the city to maintain the lake, if the property owners fail to do so, and access the property owners for the costs. Mr. McJunkin stated they are considering including in the deed restrictions of having a co.mmonary maintenance agreement with the entire property. City Attorney Ray Hutchison suggested that if a property owners association were formed they could specify in the covenants that if the maintenance were not volunteril'y enforced by the parties then the City of Farmers Branch is given the right to enforce it. Mr. McJunkin stated that he would investigate this possibility. After more discussion, Councilman Matthews made a motion to approtre the site plan submitted by Dal-Mac Corporation with the conditions stipulated above recommended by the Planning and Zoning Commission, with the exception of No. 4 and that to be worked out with the Administration and Legal Counsel. Councilman Dodd seconded the motion. The motion carried 3 to 1 with Councilmen Matthews, Dodd and Johnson voting "aye", and Councilman Quevreaux voting "nay". Councilman Quevreaux voted "nay" because he felt No. 4 condition should be entirely omitted as requested by Mr. McJunkin. Vol. 27, Page 229. AGENDA ITEM NO. 12. -CONSIDER. REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED AT FORD ROAD AND L.B.J. FREEWAY. REQUESTED BY BALDWIN-HARRIS FOR. METRO SQUARE. Mr. Fritz New, representing Baldwin-Harris, Inc. , presented a site plan for approval for the property located at the northeast intersection of Ford Road and Villa Creek Drive. The property lies within the Metro Square development. Mr. New stated that the site plan developing approx- imately 17 acres represents 4 additional buildings on the property located between One Metro Square and the College property on Ford Road. Ford Road is in the process of being completed. The buildings would be constructed identical to one another and each would be approximately 8,100 sq. ft. with 4 stories in heighth. This particular site plan has been worked out with the City and the recommendation of the City Staff including the fire lanes. One of the things of concern to Baldwin-Harris has been the College access road. Mr. New explained that the location has not been definitely determined and is not included in this plat. He stated that the Planning and Zoning Commission felt that this issue of the college road should be resolved. Mr. New stated that Baldwin-Harris would like to defer the absolute decisions on the access road until that point of development is readv. The Planning and Zoning Commission recommends the site plan be approved with the following conditions: 1. Developer dedicate and construct the proposed college access street (along the north property line), before building permits may be issued for construction to begin on building "D" as shown on the site plan. 2. Fire lanes be dedicated and paved to meet city standards. Mr. New requested site plan approval up to, the College access road and exclude the road at this time. Mr. New stated that his company and the College people have been working together for some time to resolve the ways and means of putting in the access road in place, and request they be permitted to continue to work out the arrangements such as, financial, etc. Dr. Newland of the Dallas Christian College was present and agreed with Mr. New that they could continue working together to solve this problem. After some discussion of Mr. New agreeing to grant the College an easement for the access road, a motion by Councilman Johnson, a second by Councilman Dodd, with all voting "aye", approved the site plan submitted by Baldwin-Harris, Inc. with the following conditions: (1) That necessary fire lanes be dedicated and paved to meet city standards; and (2) That the developer dedicate the approximate location of an access street for the college. Vol. 27, Page 230. AGENDA ITEM NO. 13. -CONSIDER. REQUEST FOR. SITE PLAN APPROVAL OF THE OAKBR.OOK-ON-BR.OOKHA VEN PROPERTY. REQUESTED BY OAKPAR.T LIMITED. Mr. R.ueben Ramirez, representing Oakpart Limited as a general partner of the development of Oakbrook-On-Brookhaven property, presented the request for site plan approval of the single-family detached portion of the Oakbrook-on-Brookhaven development. The Oakbrook-on-Brookhaven development is located within Planned Development Zoning District No. 21. The site plan submitted of the single-family detached portion of the development is in conflict with the zoning boundaries separating the single family detached homes from the town homes. A. request by application for zoning change to adjust the boundaries to conform with the site plan has been made by Oakpart Limited. The Planning and Zoning Commission recommends that the site plan be approved with the following conditions: 1. An access easement (minimum 20' wide) be dedicated around all sides of the lake to provide access for maintenance of the lake, in case owners of the lake fail to maintain it. 2. The developer prepare a covenant running with the land providing for maintenance of the lake, allowing the city to maintain the lake if necessary (when property owners fail to do so) and assess abutting property owners for the cost of maintenance. 3. Definite arrangements be made on who will own the lake and dam and who will maintain the lake and dam in the future. 4. Variances as needed from the subdivision ordinance, such as rear alleys, easements, etc. be obtained.:from the City Council. 5. The standard front yard of 30' be maintained along the street south of Oakbrook Parkway. Some lots on the site plan are shown with 10' side yards along the street. 6. Easement be provided between the townhomes and the single family homes with some type of screening wall separating the single family homes and the townhomes. 7. Lots 1, 2 and 3 of Block E at the northeast corner of the property be dedicated for a passive recreational area. Vol. 27, Page 231. Mr. Ramirez stated that the plans in question have been shown to the Oakbrook Homeowners Association. Upon discussion of open space areas, Mr. Ramirez proposed that three lots would be given to the city for open space. The location of the three lots were pointed out on the site plan and discussed. Mr. Ramirez displayed the proposed site plan pointing out the proposed single-family detached portion, the open space areas, the three lots to be given to the city, the lake and its surrounding plans for development and the area requested for boundary adjustment change. In discussion of the conditions recommended by the Planning and Zoning Commission, Mr. Ramirez stated that there was an access easement around the lake which was platted and recorded and given to the city in 1974. Mr. Bill Sheveland, Project Manager and Mr. Jack Cook of Cook'Con- sulting Engineers were also present in behalf of the request. Mr. Cook explained further of the easement being given to the city around the lake. Upon being asked who owned the lake, Mr. Ramirez stated that Oakbrook Limited owned the lake and that they have a title. Following a discussion concerning the size of the lots that were to be dedicated to the city and of building set back lines of various lots located on corners, and a discussion of possible conditions that could be placed on approval, Councilman Dodd made a motion to approve,- the site plan presented by Oakpart Limited with the following conditions: 1. There is a recreation area of at least a minimum of 1.22 acres provided for the area; 2. An access easement is needed around all sides of the lake (minimum 20' wide) to provide access for maintenance for the lake, in case owners of the lake fail to maintain it; 3. The developers prepare a covenant running with the land providing for maintenance of the lake, allowing the city to maintain the lake if necessary (when property owners fail to do so), and assess abutting property owners for the I cost. 4. All utilities be provided underground. Vol. 27, Page 232. 5. Some single-family detached lots along the street south of 0-akbrook Parkway have only a 10 foot side yard line along the street. It is recommended that the standard front yard (30 feet) be maintained along the street. 6. All streets in the development south of Oakbrook Parkway to be public dedicated streets, and be constructed to city standards. 7. Consideration should be given to some type of screening wall being placed between the townhomes, and the single-family homes, Councilman Johnson seconded the motion. The motion carried 3 to 1 with Councilmen Dodd, Johnson, and Matthews voting "aye", and Councilman Quevreaux voting "nay". AGENDA ITEM NO. 14, -DISCUSS CITY SIGN ORDINANCE. Mr. W. L. Timmons, 13855 Birchlawn, appeared before the Council stating that in the last newsletter there was an article stating it was against the law to park a car in a shopping center with a "for Sale" sign on it. He stated that the city has no jurisdiction over signs on cars and asked what law this violation fell under. Mr. Timmons objected to the city making laws that he thought were unenforceable. He requested the city to retract the statement made in the newsletter. No action by the Council was necessary or taken on this item. AGENDA ITEM NO. 15.- CONSIDER. REQUEST TO HEAR. THE REVIEW OF THE DECISION OF THE BUILDING CODE BOARD OF APPEALS REGARDING NON-CONFORMING SIGNS. REQUESTED BY WAYNE HILTON, OWNER. OF THE RAILROAD CROSSING RESTAURANT, 2510 VALLEY VIEW LANE. Mr. Wayne Hilton, owner of the Railroad Crossing Restaurant, 2510 Valley View Lane, presented a request to the Council to overrule the decision made by the Building Code Board of Appeals and allow him to alter a sign by changing the name on the sign with new panels. Mr. Hilton had appeared before the Building Code Board of Appeals with a request for variance from Section 3-44 of the City's code of ordinances which states that nonconforming existing signs may continue to be used or repaired, but not altered or moved. The request was to alter the existing sign and the Building Code Board of Appeals denied the request for the variance submitted by Mr. Hilton. Mr. Hilton stated that the size of the sign is 4' x 6' on a 14' high pole. Vol 27, Page 233. Mr. Hilton stated that if he were able to get a variance now to let him erect the sign , then .he would within one year conform to the ordinances. After more discussion, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", granted the variance as requested by Mr. Hilton of altering- and erecting the nonconforming sign and stipulating that within a period of one year Mr. Hilton comply with the the ordinances. AGENDA ITEM NO. 16 - CONSIDER. CALLING PUBLIC HEARING TO REZONE THE PROPERTY AT FORD ROAD AND FARMERS BRANCH LANE FROM R.-6 TO R.-2 AND ANY OTHER. DISTRICT WHICH IS MORE RESTRICTED BY REASON OF LAND USE AND HEIGHT. AND AGENDA ITEM NO. 17. -DISCUSS DEVELOPMENT OF PROPERTY LOCATED ON THE NORTHWEST CORNER. OF FARMERS BRANCH LANE AND FORD ROAD. Mr. Doug McCallon, an attorney for Mr. Jimmy Thomas who has plans for developing the property in question, requested that Agenda Item No. 16 and No. 17 be discussed and considered at the same time. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", granted the request of Mr. McCallon that Agenda Item No. 16 and No. 17 be considered together. Mr. McCallon stated that Mr. Thomas has an option to purchase the land once known as the McKinnon property on Farmers Branch Lane. He stated that 9. 742 acres are involved in the plan of Mr. Thomas and that :Mr. Thomas is willing to dedicate to the city thru flood easements and streets some 3.5 acres. Mr. Thomas requested that the Council leave the R.-6 zoning on the property and allow him to build R.-6 zoning homes on the lots. He stated that he is willing to build homes in the 2200 sq. ft. area. Mr. Thomas stated that in order to meet the land cost, and economics this proposal was necessary to adequately develop the property. Mr. Thomas request the Council to allow the development with the following three basic variances: 1. That Leta Mae Street to temporarily dead-end on the east and west side of the Truett Good property. 2. Allow variance of 15' easements instead of 20' only on the portion of the lots not controlled by this development. (On Farmers Branch Lane there are a few houses already built and they easements cannot be controlled by this development) Vol. 27, Page 234. 3. Allow variance that only 10' be dedicated to Bee Street. (40' is already platted for Bee Street and when the property on the other side develops then he is to dedicate 10' making the 60' called by the Thoroughfare Plan. ) Mr. McCallon stated that Mr. Thomas is willing to dedicate to the city the area of 1. 89 acres that is in the flood plain 'along the creek, and the rest of the 3. 5 acres discussed will go for streets and certain easements. Mr. McCallon reiterated that Mr. Thomas proposes to build 2200 sq. ft. homes on R-6 lots. Mr. McCallon stated that he did not want a zone change because he could not develop on R.-2 lot size economically. City Manager Paul West stated that with this small of a lot with a large house on it , there would be no room for a swimming pool or any kind of a green or storage house in the rear yard. And there would be requests constantly to build over the easement. Mr. Thomas stated that he had an option to buy this property subject to final plat approval. He requested the approval of the variances from the subdivision ordinance. Following a discussion between the City Manager and Mr. Thomas of paying for one-half of the paving if Bee Street were made 44' instead of 371, Councilman Johnson approved the request of Mr. Thomas for the variances from the Subdivision Ordinance that will allow preliminary platting on this proposed platting, subject to the dedication of 10' of Mr. Thomas' property along Bee Street and his willingness to pay one-half of the cost for the wider street if the City deems the wider street necessary; and require 15' easements instead of 20' only on the portion of the lots not controlled by this development- Councilman Matthews seconded the motion. The motion carried 3 to2. Councilmen Johnson and Matthews voted "aye" and Councilmen Dodd and Quevreaux voting "nay", and with Mayor Grimmer voting "aye "breaking the tie. AT THIS POINT IN.THE MEETING, COUNCILMAN QUEVR.EAUX ASKED TO BE EXCUSED AND LEFT THE MEETING. AGENDA ITEM NO. 18. -CONSIDER. RESOLUTION AUTHORIZING THE CITY MANAGER. TO ENTER. INTO A CONTRACT WITH DAL-MAC DEVELOPMENT COMPANY AND THE CITY OF ADDISON FOR. EMER- GENCY WATER. SERVICE. Mr. Craig Knight, representing Dal-Mac Development Company, Inc., appeared before the Council requesting the City of Farmers Branch to provide emergency water for fire protection to a piece of property owned by Dal-Mac located in the City of Addison. Vol. 27, Page 235. Dal-Mac and the City of Addison have presented to the City an agreement for consideration of allowing the use of Farmers Branch water as a source of emergency water for fire protection use only to the property located on Inwood Road in the City of Addison. After some discussion, a motion by Councilman Matthews, a second by Councilman Dodd, all voting "aye", authorized the City Manager to execute the contract providing the water service as requested by Dal-Mac Develop- ment Company, Inc. AGENDA ITEM NO. 19. -CONSIDER. RESOLUTION REQUESTING THE HIGHWAY DEPARTMENT TO GRANT ACCESS TO THE FRONTAGE ROAD OF I. H. 635 BETWEEN WEBB CHAPEL AND JOSEY LANE. Mr. Marcuss Wood, a realtor representing property owners along the frontage road of I. H. 635 between Webb Chapel and Josey Lane, was present in behalf of a petition and a resolution requesting the Highway Department to grant access to the frontage road bf I. H.. 635 between Webb Chapel Road and Josey Lane. After some discussion, a motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", adopted Resolution No. 77-024 that requests the Highway Department to grant access to the Frontage road of I. H. 635 between Webb Chapel Road and Josey Lane. AGENDA ITEM NO. 20. - CONSIDER. AUTHORIZATION FOR. EXPENDITURE TO THE COMMITTEE FOR FAIR. WATER. RATES. City Manager Paul West explained that The Committee for Fair Water Rates ended its legislative program with a deficit of approximately $3, 800.00. This deficit must be removed. In addition, the Steering Committee and the full membership of the Committee elected to continue the activity of the Committee by retaining Frank Booth to draft a proposed set of rules for adoption by the Water Rights Commission in the amount of $8, 000. 00. The total cost needed for these activities is $12, 000. 00. A proposed budge and allocation for each city has been prepared to cover the deficit and the expenses of promulgating and presenting the proper rules. The allocation for Farmers Branch if $2, 286. 00. After some discussion, a motion by Councilman Johnson, a second by Councilman Matthews, all voting "aye", authorized the expenditure of $2, 286. 00 to the Committee for Fair Water Rates as discussed by the City Manager. AGENDA ITEM NO. 21. - CONSIDER. AWARDING BIDS TO THE FOLLOWING: a. Consturction of a Paint Bay at the Municipal Garage City Manager Paul West explained that it was the recommendation of the Administration to reject the one bid received which was not bid according to specifications and to readvertise for bids for the construction of a paint bay at the Municipal Garage. Vol. 27, Page 236. A motion by Councilman Dodd, a second by Councilman Matthews, with all voting "aye", rejected the one bid received and authorized the re- advertisement for bids for the construction of 'a paint bay at the Municipal Garage. b. Lighting Materials for Oran Good Park After reviewing all bids received, a motion by Councilman Matthews, a second by Councilman Dodd, all voting "aye awarded the bid in the amount of $20, 018. 32 to R.awlinson Electric Supply for light fixtures to be installed at Oran Good Park; and, awarded the bid in the amount of $37, 312. 00 to Cummings Supply Company for the poles to be used in the lighting of Oran Good Park. c. Fencing Materials for Pepper Park After reviewing all bids received, a motion by Councilman Dodd, a second b,- Councilman Johnson, all voting "aye", awarded the bid, which was the low bid, in the amount of $11,560. 76 to Allied Fence Company for fencing materials to be used in Pepper Park. d. Reroofing of Various Municipal Buildings City Manager Paul West explained that it was the recommendation of the Administration to reject the bids received which were too high in cost and to readvertise for bids for the reroofing of the various Municipal Buildings. A motion by Councilman Johnson, a second by Councilman Dodd, with all voting "aye", rejected the bids received and authorized the readvertise- ment for bids for the reroofing of the various municipal buildings. AGENDA ITEM NO. 22. -CONSIDER. AUTHORIZING THE ADVERTISEMENT FOR. BIDS FOR. HOT MIX ASPHALT MIX FOR. STREET MAINTENANCE. City Manager Paul West requested the atithorl.ization 'to advertise for bids for hot mix asphalt to be used by the Street Division for street maintenance and patch work. Mr. West stated that bids would be requested for a three months supply of hot mix asphalt. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", authorized the advertisement for bids for hot mix asphalt for street maintenance as requested by the Administration. MAYOR. GRIMMER. ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAD BEEN CONCLUDED. AFTER. A SHORT RECESS THE COUNCIL WILL RECONVENE FOR. ITEMS IN THE EXECU- TIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. Vol. 27, Page 237. Mayor Grimmer explained that Article 6252-17, Section 2 of the Open Meeting Law provided that such items as personnel matters, land acquisition and pending and contemplated litigation may be discussed in closed session. AGENDA ITEM NO. 23. -EXECUTIVE SESSION. a. Discuss Personnel Matters The vacancy on the Library Board and the vacancy on the Planning and Zoning Commission were discussed. b. Discuss Pending and Contemplated Litigation There were no discussions on litigation. c. Discuss Land Acquisition City Manager Paul West discussed possible sanitary landfill sites. Mr. West explained that a site in Lewisville has good possibilities of purchase and the operation of a solid waste operation. A proposed contract of sale for this site was discussed. The proposed contract of sale requires that the City of Farmers Branch place $10, 000. 00 in escrow as earnest money. This money will be returned to the City in the event that purchase is not made for any of the reasons listed in the conditions of the contract. City Manager Paul West informed the Council that the Mallon Estate Homeowners Association has approached the city to seek participation in helping them to clean out the lake . There was discussion of investigating the possibilities of securing the barn on the property of Oakbrook-On-Brookhaven property. THE MEETING RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. 24. -CONSIDER. NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN EXECUTIVE SESSION. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", appointed Don Barber to serve an unexpired term vacated by Basil Weaver on the Planning and Zoning Commission. The term 'is to; expire May, 1978. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", appointed Herbert Weidinger to serve on the Library Board. The term is to expire May, 1979, Vol. 27, Page 238. I AGENDA ITEM NO. 25. -CONSIDER. NECESSARY ACTION ON PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN EXECUTIVE SESSION. No action necessary AGENDA ITEM NO. 26. -CONSIDER. NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN EXECUTIVE SESSION. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", authorized the City Manager to enter :into a contract to purchase land for the operation of a sanitary landfill and deposit $10, 000. 00 as earnest money. AGENDA ITEM NO. 27. -ADJOURNMENT. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", adjourned the City Council meeting of July 18, 1977 at 12:50 a. m. . 11 141 M or eo ge ff. ~Iim'mer 1 City Secrettiry Vol. 27, Page 239.