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1978-11-20 CC MinutesCITY OF FARPBJRS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING NOVEMBER 20, 1978 COUNCIL CHAMBER POLICE BUILDING 7 The following members of the City Council were present: Mayor Bill Binford Councilmen: John Dodd Fred Johnson Pat Haggerty Gene Matthews The following member of the City Council was absent: Mayor Pro Tem Ken Ouevreaux The absence of Mayor Pro Tem Quevreaux was recognized and excused since he was out of the city on business. The following members of the City Administration were present: City Manager Paul M. West City Attorney John Boyle City Secretary J. W. Wade Director of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Binford called the City Council meeting of November 20, 1978 to order at 7:30 P.M.. AGENDA ITEM NO. A.1-INVOCATION Rev. Robert Tilton of the Wor of Faith Outreach Center Church gave the invocation. MAYOR BINFORD RECOGNIZED AND WELCOMED BOY SCOUT TROUP #674 MEMBERS 14HO WERE IN ATTENDANCE FOR THE MEETING. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES - NOVEMBER 6, 1978 After some consideration, a motion by Councilman Do , a second by Councilman Johnson, all voting "aye", approved the minutes of the City Council meeting of November 6, 1978 as were submitted. AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AWARD Mayor Bin or presented a five year service award to Raymond Guignard of the Building Maintenance Division for his employment with the City. Vol. 30, Page 31. AGENDA ITEM NO. C.1-PUBLIC HEARING: TO CONSIDER REQUEST FOR A REVISED SITE PLAN APPROVAL IN THE PD-1'8, OFFICE ZONING DISTRICT REQUESTED BY ROOKHAVEN MEDICAL CENTER FOR THE PROPERTY LOCATED AT WEBB CHAPEL AND L.B.J. FREEWAY. Mayor Bin or opened the public hearing. Brookhaven Medical Center has submitted a site plan of the entire Medical Center complex. The site plan indicates directional signs for the complex. Nine signs are proposed. Two signs are 4'8" x 9' in size, the remaining signs are proposed to be 2' x 4' in size. The signs are proposed to be constructed of redwood and mounted on two 4" x 4" redwood posts. The Planning and Zoning Commission recommended that the.site plan be approved with the condition that the signs be erected outside of all dedicated street right-of-ways, and the signs be of a uniform mounting similar to the existing signs. Mr. Ray DeBlasi was present representing Brookhaven Medical Center. There being no one indicating a desire to speak on the request, a motion by Councilman Dodd, a second by Councilman Matthews, all voting "aye", closed the public hearing. After some discussion between members of the City Council and Mr. DeBlasi that Brookhaven Medical Center will be responsible for the maintenance of the signs and they are planned to be erected within 30 days, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", approved the revised site plan of Brookhaven Medical Center with the condition that the signs be erected outside of all dedicated street right-of-ways, and the signs be of a uniform mounting similar to the existing signs, as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. C.10- TAKEN OUT OF ORDER FOR DISCUSSION. Councilman Johnson made a motion to t _out o order Agenda Item No. C.10 -Presentation of Petition for 20 MPH On Maydelle and discuss at this time, since there are quite a few of the residents in that area present. Councilman Dodd seconded the motion. The motion carried unanimously. AGENDA ITEM NO. C.10-PRESENTATION OF PETITION FOR 20 MPH ON MAYDELLE LANE. REQUESTED BY K. W. WOOD. Mayor Binford reported of the city having received a petition from the citizens living on Maydelle requesting that the speed limit on Maydelle from Josey Lane to Austell Parkway be reduced from 30 MPH to 20 MPH. Mrs. K. W. Wood, 2938 Maydelle, spoke in behalf of the persons signing the petition. Mrs. Wood reported that vehicles travel this street at a high rate of speed which is unsafe for the children in the neighborhood. Mrs. Linda Horton, 2934 Maydelle, and Mrs. Carol Dorn, 2914 Maydelle, spoke of vehicles travelling on Maydelle at high rates of speed and of Maydelle being used as a thoroughfare to avoid the inter- section of Josey Lane and Valley View Lane. Vol. 30, Page 32. After more discussion, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", adopted the following captioned Ordinance No. 1221: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ESTABLISHING A SPEED LIMIT OF TWENTY (20) MILES PER HOUR ON MAYDELLE LANE, FROM JOSEY LANE TO AUSTELL PARKWAY; MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE ANY MOTOR VEHICLE ON SAID STREET AT A SPEED GREATER THAN TWENTY (20) MILES PER HOUR; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. C.2- PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR PRIVATE CHO L- NURSERY SCHOOL IN A R-6 ZONING DISTRICT. REQUEST BY CHRIST UNITED METHODIST CHURCH AT 2807 VALWOOD PARKWAY. Mayor Bin ford opened the public hearing. The City's Zoning Ordi- nance requires a Specific Use Permit to operate a kindergarten and/ or a private school in a residential zoning district. Christ United Methodist Church at 2807 Valwood Parkway is located in a residential (R-6) Zoning District. Christ United Methodist Church is operating a pre-school center within its facility. The school has a current enrollment of 38 children ages 2-5 and is represented as having met the State requirements for a pre-school center. The salaried staff consists of degreed teachers with training in childhood education. Section 8-701 (13) of the City's Zoning Ordinance qualifies a kindergarten as an establishment housing five or more children for care or training during the day or portion thereof. The Planning and Zoning Commission recommended the request be approved. The following spoke in favor of the request. Dr. Walker Railey, pastor of the Christ United Methodist Church, related the finding of need for the facility in the community Dr. Railey stated the Mrs. Biggerstaff will be in charge of the child development program for the church. Mrs. Kathy Lucy spoke in favor of the child care program. Mrs. Lucy stated that she was not a member of this particular church but was very impressed with the program and expressed interest in seeing it continued. No one was present to speak in opposition to the request. A motion by Councilman Matthews, a second by Councilman Johnson, all voting "aye", closed the public hearing. Vol. 30, Page 33. After some discussion between members of the City Council and Dr. Railey relating to the hours of operation, traffic egress and ingress to the facility, and the qualifications of the teachers in the child care program, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", adopted the following captioned Ordinance No. 1217: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED SO AS TO GRANT A SPECIFIC USE PERMIT FOR A PRIVATE SCHOOL-NURSERY SCHOOL IN AN R-6 ZONING DISTRICT; THE SPECIFIC USE PERMIT TO BE ISSUED FOR THE PROPERTY LOCATED AT 2807 VALWOQD PARKWAY AND OCCUPIED BY CHRIST UNITED METHODIST CHURCH; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DE- CLARING AN EMERGENCY. AGENDA ITEM NO. C.3-PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR THE INSTALLATION OF FIFTH DRIVEWAY IN PD-24, A LIGHT INDUSTRIAL ZONING DISTRICT REQUESTED BY HINES INDUSTRIAL CORPORATION FOR THE PROPERTY LOCATED AT 5 VALLEY BRANCH LANE. Mayor Bin ord opened the public hearing. Article 9-502(1) of the City's Zoning Ordinance allows two approach driveways to be located in the required front yard. Additional driveways may be allowed with a Specific Use Permit. Hines Industrial Corporation was granted a Specific Use Permit to locate two additional driveways for 12855 Valley Branch Lane on October 3, 1977. Hines Industrial has presented a request to locate an additional driveway on the property to serve two tenants near the center of the warehouse facilitv. The Planning and Zoning Commission recommended the request be approved. Mr. Bob Halpin of Hines Industrial Corporation was present and presented the request for the fifth driveway. Mr. Halpin stated two of his tenants approached him with the request. He stated that due to the configuration of the parking lot, some parking spaces cannot be utilized due to trucks having to maneuver to have access to loading docks. He stated that a fifth driveway would help eliminate the problems and allow more existing parking on the property to be utilized. There being no one else wishing to speak on the matter, a motion by Councilman Dodd, a second by Councilman Matthews, all voting "aye", closed the public hearing. After some consideration, a motion by Councilman Johnson, a second by Councilman Matthews, all voting "aye", adopted the following captioned Ordinance No. 1216: Vol. 30, Page 34. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE. AMENDED, BY GRANTING TO HINES INDUSTRIAL PROPERTIES A SPECIFIC USE PERMIT FOR THE INSTALLATION OF A FIFTH DRIVEWAY IN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT; SAID DRIVE- WAY TO BE INSTALLED ON THE PROPERTY LOCATED AT 12855 VALLEY BRANCH LANE ON A 8.4045 ACRE TRACT OF LAND; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PRO- VIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. After some discussion relating to possible revisions to the Zoning Ordinance regarding the requirements of driveways to commercial and industrial buildings, the Council instructed the Administration to ask the Planning and Zoning Commission to look at these driveway requirements and if they see needed revisions to the Zoning Ordinance make recommendations to the Council. AGENDA ITEM NO. C.4-PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR A NON-DRIVE IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW IN A LOCAL RETAIL LR- ZONING DISTRICT. REQUESTED BY JAMES CHILDERS FOR THE PROPERTY LOCATED AT 14440 JOSEY LANE. Mayor Bi.n or opened the public earing. The City's Zoning Ordinance requires a Specific Use Permit to locate a non-drive in restaurant in a Local Retail-Two Zoning District. The pro- posed restaurant at 14440 Josey Lane is located within a Local Retail-Two Zoning District. James Childers would like to operate a pizza and sandwich restaurant (Sunset Pizza) at 14440 Josey Lane. The restaurant will not have drive-in service, nor an outside sales window. Until approximately one year ago, the lease space at 14440 Josey Lane was occupied by a Mama Mia Pizza restaurant. The Planning and Zoning Commission recommended the request be approved. Mr. James Childers was present in behalf of the request. There being no one else wishing to speak on the request, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", closed the public hearing. After some consideration, a motion by Councilman Matthews, a second by Councilman Haggerty, all voting "aye", adopted the following captioned Ordinance No. 1214: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED SO AS TO GRANT A SPECIFIC USE PERMIT FOR A NON-DRIVE IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW IN A LOCAL Vol. 30, Page 35. RETAIL-2 ZONING DISTRICT; SAID RESTAURANT TO BE LOCATED AT 14440 JOSEY LANE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. BROOK PARKWAY AND THE NORTH LINE OF THE OAKBROOK ON BROOK- HAVEN, PHASE III DEVELOPMENT. REQUESTED BY OAKPART LIMITED. Mayor Binford opened the public hearing. The Oakbrook on Brook- haven Development is currently zoned Planned Development District No. 21 with uses allowed on an approved site plan. The Zoning and site plan was established by City Ordinance No. 1123. The owner of the development, Oakpart Limited, is requesting a zoning change on two tracts approximately 4.1 acres in size. Tract I - Located east of Enterprise Drive between Oakbrook Parkway and the north line of the Oakbrook on Brookhaven Development. Existing Zoning on the tract allows single family attached homes (townhomes) to be developed to MF-2 standards. The existing zoning will not allow apartments to be developed on the tract. Oakpart Limited is requesting a zoning change to MF-2 uses and standards which will allow apartments to be constructed. Tract II- Located at the southeast corner of Oakbrook Parkway and Gardenbrook Drive. Existing zoning on the pro- perty allows MF-2 uses and standards. Apartments could be constructed under the current zoning. Oakpart Limited is requested a zoning; change on the tract to single family attached uses (townhomes) with MF-2 standards. The Zoning requested will not allow apartments to be constructed. The Planning and Zoning Commission recommended the request for zoning change be approved. Mr. Bill Sheveland, Project Manager for the Oakbrook project presented a request to exchange zoning on two approximately 4 acre tracts. There will be no increase in density, he explained and gave an up-to-date zoning status report on the Oakbrook pro- ject. Mr. Sheveland outlined the following three reasons for the zoning; change request: 1. To improve the land use relationships, 2. To improve the potential for quality development on Tract 1 and the piece of property immediately adjacent to it between Tract 1 and Tract 11. Vol. 30, Page 36. AGENDA ITEM NO. C.5-PUBLIC HEARING: TO DETERMINE WHETHER THE 3. To improve traffic circulation in the area. The rezoning would allow the apartments to have access to Enter- prise Drive and then through the industrial area to the north. Mr. Sheveland explained that the proposal will provide a larger area for the flexiability to develop a quality type of environ- ment of which cannot be done with two individual small tracts. The proposal will isolate the apartment land within streets. Mr. Sheveland stated that if the market continues as it looks like its going too on land use development, he forsees Tract 2 as single family one-story slightly attached homes. Mayor Binford asked if anyone else wished to speak on the consideration. Mr. Bob Linker, 14435 Valley Hi Circle, stated the proposal raises 2 questions he would like answered. (1) In Tract 2 -If developed into patio homes instead of apartments, will the residents there be part of the existing Oakbrook Homeowners Association. (2) In Tract 2 -If proposed development approved would it later be requested to be rezoned for apartments for the reason of making the use of the land to coincide with the property on both sides which will be zoned for apartments. Mr. Sheveland responded to Mr. Linker's questions. (1) The policy of the jurisdiction boundary of the Homeowners Association is established by the Board and the boundary stops with the development of Block A. If the boundary was extended, there would be possible difficulty in maintaining all grounds and needs; maybe even another adult size swimming pool would be required. (2) Oakbrook representatives have stated that the density of multi-family will not be increased in the project. Tract 2 will most likely be the last piece of land developed and is anticipated by the owners of Oakbrook that this small tract will be in much demand that it wont make any difference what the zoning is. Mr. Sheveland reported that existing development south of Oak- book Parkway will consist of $100,000 to $125,000 price homes. At the present, there is a contract for a $400,000 home. There being no one else wishing to speak, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", closed the public hearing. There followed a discussion between members of the City Council and Mr. Sheveland relating to the proposal, density and possible development of apartments versus single family on Tract 2, Councilman Dodd made a motion to adopt the following captioned Ordinance No. 1220; as recommended by the Planning and Zoning Commission. Vol. 30, Page 37. Councilman Matthews seconded the motion. The motion carried 3 to 1 with Councilmen Dodd, Matthews and Haggerty voting "aye", and Councilman Johnson voting "nay". Caption of Ordinance No. 1220: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED BY AMENDING THE USES ALLOWED ON TWO TRACTS OF LAND WITHIN PLANNED DEVELOPMENT AREA NO. 21; BY ALLOWING A 4.143 ACRE TRACT OF LAND LOCATED AT THE NORTHEAST CORNER OF ENTERPRISE AND OAKBROOK PARKWAY, AND AS SHOWN ON EXHIBIT A, TO BE DEVELOPED WITH MF-2 USES AND STANDARDS; BY ALLOWING A 4.149 ACRE TRACT OF LAND LOCATED AT THE SOUTHEAST INTERSECTION OF OAKBROOK PARKWAY AND GARDENBROOK DRIVE, AS SHOWN ON EXHIBIT A, TO BE DEVELOPED WITH ONE FAMILY ATTACHED USES TO MF-2 STANDARDS AND REGULATIONS AS ESTABLISHED BY THE ZONING ORDINANCE, TWO FAMILY DWELLINGS DEVELOPED TO MF-2 STANDARDS AND REGULATIONS AS ESTABLISHED BY THE ZONING ORDINANCE AND ONE FAMILY DETACHED USES DEVELOPED TO R-3 STANDARDS AND REGULA- TIONS AS ESTABLISHED BY THE ZONING ORDINANCE; REQUIRING SITE PLAN APPROVAL; ESTABLISHING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. C.6-PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR OUTSIDE SALES IN A T T0 11M TTTr%TTCTDT T T T 7 TTTHT0 TNTCMDT T Mayor Bin or opened the public hearing. The City's Zoning Ordi- nance requires a Specific Use Permit to engage in outside sales in a Light Industrial Zoning District. The Frederick Harris Service Station is located at 2420 Valwood Parkway and is zoned Light Industrial. Mr. Harris would like to have seasonal out- side sales of plants, firewood, Christmas trees, pumpkins, water- melons, pottery, wrought iron racks, railroad ties, potting soil, fertilizer, whiskey barrels, plaster war6., and trees on the pro- perty. The property is leased from Dal-Rich Oil Company. The Planning and Zoning Commission conducted a hearing on November 13, 1978, no recommendation was made and the hearing was continued until November 27, 1978. Section 24-101 (b) of the Zoning Ordinance requires a recommendation from the Planning and Zoning Commission before the City Council takes action on any proposed amendment. After some discussion, a motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", continued the public hearing to consider the request of Mr. Harris' until December 4, 1978. Vol. 30, Page 38. AGENDA ITEM NO. C.7-CONSIDER REO REQUESTED BY THE RODEWAY INN FOR RODEWAY INN-METRO SQUARE SUBDIVI Mayor Binforr gave the ollowing Council from the Administration: struction at the corner of Metro of the L.B.J. Freeway. The prop ment Zoning District No. 2. A s approved for the Rodeway Inn. A tional property for parking lot for approval. The plat complies for final plat approval. ST FOR FINAL PLAT APPROVAL. information from a memo to the A Rodeway Inn is under con- Blvd. and the north Service Road erty is within Planned Develop- ite plan has been previously revised plat, including addi- expansion, has been submitted with the City's requirements The Planning and Zoning Commission recommends that the plat be approved. A motion by Councilman Dodd, a second by Councilman Matthews, all voting "aye", approved the final plat of the Rodeway Inn- Metro Square Subdivision. AGENDA ITEM NO. C.8.- CONSIDER REQUEST FOR REPLAT APPROVAL OF TRACT B-1, BLOCK 1, OF VALLEY VIEW PLACE ADDITION, FIRST INSTALL- NT. REQUESTED B THE BAPTIST F ND TION. Mayor Binford gave the following in romation from a memo to the Council from the Administration. The Valley View Place Addition is within a Light Industrial Zoning District, and is located north of Valley View Lane between Stemmons Freeway and the CRI&P Railroad. A part of Block 1 of the Valley View Place Addition, First Installment, is being replatted in order to create a building site for a LaQuinta Motor Inn. The building site will be located along the west Service Road of the Stemmons Freeway between the Ramada Inn and the Mobil Oil Company Ser- vice Station. The plat has been reviewed and it complies with the City's requirements for replat approval. The Planning and Zoning Commission recommended the replat be approved. After some discussion of ingress and egress to Valley View Lane from the proposed hotel, Councilman Johnson made a motion to approve the replat of Tract B-1, Block 1, of the Valley View Place Addition, First Installment. Councilman Dodd seconded the motion. Councilman Haggerty asked to amend the motion that the plat be approved with the condition that a 25' access easement to Valley View Lane be platted with the property. Councilman Johnson and Dodd accepted the amendment to the motion. The motion carried unanimously. AGENDA ITEM NO. C.9-DISCUSS MARSH LANE IMPROVEMENTS. REQUESTED BY BILL GLANCY. This item was placed on the agenda at the request of Mr. Bill Glancy of 3805 Wooded Creek. Vol. 30, Page 39. Mayor Binford reported that the Farmers Branch City Council met with the Addison City Council on November 13, 1978 and discussed possible improvements to Marsh Lane. The staffs of the two cities are working together to make recommendations to the Councils for consideration. Mr. Bill Glancy reported that the homeowners in the Wooded Creek Addition have had two meetings for discussions of Marsh Lane. An opinion poll was taken at the last meeting. Mr. Glancy stated that the main interest expressed in the poll was for the placement of a traffic light on Marsh Lane at Wooded Creek Drive. Traffic in and out of the addition was described as the worse problem on Marsh Lane. The poll indica- ted that the people of the area feel that Marsh Lane needs widening. If widened, a southbound turn lane into Wooded Creek is requested. Concern was expressed about truck traffic on Marsh Lane if widened. The poll indicated the interest of seeing a second bridge at the creek and the existing one re- placed. A desire was expressed for a bicycle trail or pathway be constructed to connect into the path system of the College by access under the bridge, like at Mallon Park. Other points of interest of the opinion poll brought out by Mr. Glancy were: wanting additional shrubbery or greenry along the wall north of the entrance of Wooded Creek; and, the placing of a sign at the entrance of the addition indicating no through outlets. Mr. Arther Skibell, 3701 Wooded Creek Drive, requested the Council to consider providing a no parking zone on Wooded Creek Drive off Marsh Lane approximately 200'. Mr. Skibell reported problems of getting into the addition with cars parked on both sides of the street. Mayor Binford described the proposed plan for Marsh Lane that has been in existence since about 1972. Mayor Binford reported that with the city staffs of Farmers Branch and Addison studying the situation, it is hopeful that other possibilities will be presented and considered. Mayor Binford stated that the two Councils are to discuss the recommendations of the staffs in about a month. Mrs. Diane Ouigby, 3713 Wooded Creek, made statements of how the traffic is unbearable everyday in trying to get in or out of the addition. Mr. Charles Sell, 13818 Wooded Creek Ct., did not agree that Marsh Lane needed widening. He desires to keep the narrow street. He expressed concern of putting in a new bridge and the removal of the dam. Vol. 30, Page 40. Mr. John Boehm, 13802 Wooded Creek Drive,spoke of desiring to keep Marsh Lane as a country lane and not to be widened. He spoke of problems in the area such as; access, parking, drain- age, flood plain, and of erosion of the property along the creek. Mr. J. M. Gregory, 3715 Wooded Creek, was concerned about the parking of vehicles on Wooded Creek at the entrance off Marsh Lane. Mrs. Dorothy Cloud, 3801 Wooded Creek, suggested the installa- tion of a temporary traffic signal, like the one for the McLaughlin School, for the intersection of Marsh Lane and Wooded Creek Drive. After more discussion, the Council instructed the City Manager to come up with a recommendation for Council consideration at the next Council meeting for a possible solution for the intersection of Wooded Creek and Marsh Lane; also, to prepare an ordinance prohibiting parking on a portion of Wooded Creek at the entrance; and, the placement of signs at the entrance of the addition to the effect of the addition having no outlets for through traffic. AGENDA ITEM NO. C.10-PRESENTATION OF PETITION FOR 20 MPH ON MAYDELLE LA14E WAS CONSIDERED AFTER AGENDA ITEM NO. C. l. AGENDA ITEM NO. D.1-CONSIDER ORDINANCE NO. 1218 PROVIDING FOR ISSUING OF PERMITS FOR TEMPORARY OUTSIDE SALES OF CHRISTMAS TREES. Mayor Binford gave the following information from a memo to the Council from the Administration: The City's Zoning Ordinance currently requires a Specific Use Permit for any outside sales in LR-2, C, LI, and HI, and PD Zoning Districts. Outside sales are prohibited from all other zoning districts of the city. A period of approximately 1 month is required to apply and obtain a Specific Use Permit. A $150.00 filing fee is required for a Specific Use Permit. An ordinance has been prepared allowing the City Administration to issue permits for temporary Christ- mas tree sales during the months of November and December only. The proposed ordinance would allow permits to be issued for sales in LR through PD Zoning Districts. The ordinance provides for a $50.00 permit fee, permit application, a plot plan, and limits the stacking of trees to a maximum of 6' in height and 10' from all surrounding buildings (fire code requirements). It also allows other conditions to be required by the City Admin- istration who deemed applicable. After some consideration, a motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", adopted the following captioned Ordinance No. 1218 with an inclusion providing that non-profit charitable organizations may be exempt from paying the permit fee. Vol. 30, Page 41. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FOR ISSUANCE OF SPECIAL LIMITED TIME PERMITS FOR THE OUTDOOR SALE OF CHRISTMAS TREES; PROVIDING FOR AN APPLICATION; PROVIDING A FEE; PRO- VIDING CERTAIN SPECIFIED MINIMAL REQUIREMENTS; PRO- VIDING FOR THE CITY MANAGER OR HIS DESIGNATEE TO IMPOSE ADDITIONAL REQUIREMENTS; PROVIDING FOR DENIAL OF APPLICATIONS; PROVIDING FOR APPEAL TO THE CITY COUNCIL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND DECLARING AN EMERGENCY. AGENDA ITEM NO. D.2.-CONSIDER REQUEST TO ADOPT ORDINANCE NO. 1219, PROVIDING FOR ISSUING PERMITS FOR TEMPORARY OUTSIDE SALES OF FIREWOOD. Mayor Bin ford gave the following information from a memo to the Council from the Administration: Mr. Neilson, Manager of the Treasury Store, at Midway Road and L.B.J. Freeway requests the Council to consider an ordinance allowing temporary permits to be issued for the sale of firewood. An ordinance has been prepared establishing a permit fee of $50.00, requiring permit application, plot plan, and establishing a maximum height of 6' for stacking the wood and maintaining a minumum clearance of 10' from all surrounding buildings. The ordinance allows firewood to be sold from November through March of each year. The ordinance would allow the City Administration to establish additional requirements when applicable. After reviewing the proposed ordinance, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", adopted the following captioned Ordinance No. 1219 with an inclusion providing that non-charitable organizations may be exempt from paying the permit fee: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS PROVIDING FOR ISSUANCE OF SPECIAL LIMITED TIME PERMITS FOR THE OUTDOOR SALE OF FIREWOOD; PROVIDING FOR AN APPLICATION; PROVIDING A FEE; PROVIDING CERTAIN SPECIFIED MINIMAL REQUIREMENTS; PROVIDING FOR THE CITY MANAGER OR HIS DESIGNATEE TO IMPOSE ADDITIONAL REQUIREMENTS; PROVIDING FOR DENIAL OF APPLICATIONS; PROVIDING FOR APPEAL TO THE CITY COUNCIL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND DECLARING AN EMERGENCY. Mr. Neilson and Ms. Vickie Pearson of the Treasury Store were present in behalf of the request. Vol. 30, Page 42. Mayor Binford informed Mr. Neilson that with the ordinance just adopted it would allow him to sell firewood on his property after making application and receiving a permit from the Building Official's office. After some discussion between Ms. Pearson and the members of the City Council of her correspondence to the City Council not being answered, the Council instructed the City Manager to acknowledge all correspondence sent to the Council,that that it was received and forwarded on to the City Council. AGENDA ITEM NO. EA-CONSIDER AWARDING BID FOR FERTILIZER MATER- IALS FOR TURF AND TREES IN THE CITY. After reviewing the three bids received for fertilizer materials for turf and trees in the city, a motion by Councilman Johnson, a second by Councilman Haggerty, all voting "aye", awarded the bid for Items 1 and 2 to Harpool Seed Inc. for the amount of $8,376.60; for Item 3 to Southwest Hydro-Mulchers Disbributing Company in the amount of $300.00; and, for Item 4 to Chemical and Turf Specialty in the amount of $1,160.00. AGENDA ITEM NO. E.2-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF PLANT ?MATERIALS. A motion by Councilman Johnson, a second by Councilman Haggerty all voting "aye", authorized the advertisement for bids for the purchase of plant materials. OTHER COMMENTS: Mr. Alvin Thomas, 2668 Leta Mae, made statements agreeing that the requirements for driveways into commerical property should be studied. Mayor Binford announced that the City Council will not hold a study session while together in St. Louis attending the National League of Cities Conference. MAYOR BINFORD 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 EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, SEC- TION 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. F.1-EXECUTIVE SESSION a. Discuss Personnel Matters A brie discussion was he concerning the forthcoming expiration of terms of various advisory board members. Vol. 30, Page 43. J t b. Discuss Pending and Contemplated Litigation. No discussion was held on this item. c. Discuss Land Acquisition There was a discussion between the City Manager and Members of the Council concerning an easement that is needed from Dallas Power & Light Company for right-of-way for the construction of Midway Road. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEMS F.1 AND F.2 No action was needed for these items. AGENDA ITEM NO. F.3-NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", authorized the City Manager to sign an easement of right-of-way for Midway Road between Dallas Power & Light Company and the City of Farmers Branch. Mayor Binford announced that three Council members have been appointed to committees of the National League of Cities. They are: Councilman John Dodd to serve on the Committee on Employment and Income Security Councilman Gene Matthews to serve on the Committee of Effective Government Mayor Bill Binford to serve on the Committee on Environmental Quality Mayor Binford also announced that he had received word from Representative Bill Blanton that John Keller had contacted him and said that L.B.J. Freeway will be opened to the west upon completion. AGENDA ITEM NO. G.1-ADJOURNMENT A motion by- Councilman Matthews, all voting "aye", adjourned the 20, 1978 at 10:05 p.m.. a second by Councilman Haggerty, City Council meeting of November Mayor Bill Bin d . i City ecretary Vol. 30, Page 44.