Loading...
1970-03-16 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING March 16, 1970 i All members of the City Council were present. Mayor Mayor Pro-Tem Councilmen: City Manager City Attorney City Secretary George G. Grimmer W. R. Linn Ray Flaherty Bill McClung Al Korioth Bill Binford Paul M. West H. Louis Nichols Ruth Ann Parish Mayor Grimmer called the City Council meeting of March 16, 1970 to order at 7:30 P. M.. Councilman Linn gave the invocation. PRESENTATION BY CHIEF GREEN Chief of Police, W. D. Green gave a very informative presenta- tion on the operations of the Police Department. Chief Green urged each citizen to get involved to fight crime. Council expressed appreciation for the program. APPROVAL OF MINUTES Upon a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", considered and approved the minutes of March 2, 1970 as written of the City Council's regular meeting. PRESENTATION OF 5 YEAR EMPLOYEE SERVICE AWARDS Mayor Grimmer presented 5 year service awards for employment with the City to: Captain Robert L. Kitchens, Lieutenant Donald U. Morgan, and Captain Billy J. Brummett, all of the Police Department. After a brief history of employment given by Mayor Grimmer to the three, the Council congratulated them for their years of service to the City of Farmers Branch. PRESENTATION OF CERTIFICATE OF APPRECIATION Mayor Grimmer presented certificates of appreciation to Mrs. Doris Materka for serving on the Library Board, and to Mr. Hood Cheney, III for serving on the Park and Recreation Board. The Council expressed appreciation for their services. Mr. Hood Cheney accepted the Certifi- cate of Appreciation for his son. Page 78 PUBLIC HEARING - A 1. 6 ACRE TRACT ON THE NORTHEAST CORNER OF VALLEY VIEW LANE AND BELFIELD DRIVE FOR CONSIDERATION FOR SPECIFICE USE PERMIT Mayor Grimmer opened the public hearing for consideration to determine whether the Zoning should be changed so as to enlarge the YMCA's present Specific Use Permit No. 3 to include a tract in Abstract 1335, being a 1. 6 acre tract located on the northeast corner of Valley View Lane and Belfield Drive as requested. Mr. Andy Teal representing Town North YMCA was present. Mr. Teal explained that the YMCA was now occupying 6 1/2 acres and have now obtained 1. 6 acres more and asked that the 1. 6 acre tract be zoned as Special Permit Use also. He stated the old Johnson homeplace that now exists on the property would be remodeled to accommodate activities by the YMCA. No one was present opposing the request. Upon a motion by Councilman Korioth, a second by Councilman Binford, all voting "aye", closed the public hearing. The Council questioned Mr. Teal on what type of additional activities were to be added. Mr. Teal answered they wanted to use part of the building for a day school and the rooms would be repaired in order to facilitate club room use. The Council discussed with Mr. Teal the building codes that would have to be followed when repairing or reconstructing the present building . After some discussion, a motion by Councilman McClung, a second by Councilman Flaherty, all voting"aye", approved the request as presented so as to enlarge the YMCA 's present Specific Use Permit No. 3 to include a tract in Abstract 1335, being a 1. 6 acre tract located on the Northeast corner of Valley View Lane and Belfield Drive. REDEVELOPMENT AND THOROUGHFARE PLAN OF ORIGINAL DOWN- TOWN FARMERS BRANCH BY MARVIN SPRINGER APPROVED Mr. Marvin Springer, a land planner who had been retained by the City, presented his recommendations on the redevelopment and thoroughfare plan of the original downtown Farmers Branch area. Mr. Springer, displaying a transparency of the PD-5 area, explained his recommendations as follows: 1. Circulation and Access - The basic framework for street access and circulation in PD-5-C is shown on the accompanying Plan. The minimum rights-of-way of the primary access streets of Ross- ford, Carrick and Pike Streets are established at 60 feet south of Valley View Lane and west of the MK&T Railroad. Oak Street, Irondale Street, Sable Street, Elder ,Street, Verbick Street and a portion of Carrick Street are subject to closing when such action is Page 79 agreeable to the abutting property owners. All land in the right- of-way of Oak, Irondale, Elder, Verbick, or the portion of Carrick Street shall upon closing be subject to the standards and regulations herein established for (PD-5-C). Denton Drive shall remain un- changed as a secondary means of access except for intersection adjustments and provision for one-way operation in certain sections. Pike Street is proposed to be extended across the MK&T Railroad to connect with Pepperwood Street to create circulation and access on the east side of the MK&T Railroad. Rossford Street north of Valley View Lane shall have a minimum right-of-way of 50 feet and be subject to the same set back standards as measured from the centerline as are provided for the section south of Valley View Lane. 2. Permitted Uses - The uses permitted in (PD-5-C) shall be in accordance with the Use Schedules 8-100 through 8-112 of the Farmers Branch Zoning Ordinance except that no existing residential structure shall be converted to a non-residential use and all future business, commercial or other non-residential uses located in the (PD-5-C) area shall be constructed to comply with building code standards for the type of occupancy intended. 3. Building Set Back (Yards) and Coverage - Valley View Lane shall have a minimum set back of twenty-five (25) feet from the property line; No set back from the property line shall be required for any new non residential structure on any other streets; provided however, that in no case shall a building be constructed nearer than thirty (30) feet to the centerline of any adjacent street and provided further that no more than 50 percent of any lot, tract or parcel may be covered by building or structure. The remaining (uncovered) 50 percent of any lot, tract or parcel shall be used for off-street parking and on-site landscaping. 4. Off-Street Parking - Off-street parking for all uses and buildings shall be provided in accordance with Article 12 (12-102) of the Farmers Branch Zoning Ordinance. 5. Other Development Standards - All buildings, drainage structures, curbs, parking areas and walks shall be designed to conform to the overall Access and Circulation Framework Plan adopted as part of (PD-5-C). The grade of all parking areas, drives, curbs, build- ing floor levels, walks and drainage structures, shall be subject to approval by the City of Farmers Branch and such improvements shall be made in accordance with the City of Farmers Branch standards and specifications. 6. Intersection of Rossford and Valley View - The north right-of-way line on Valley View from Denton to Rossford shall be adjusted so as to allow the Valley View Right-of-way to follow a more natural curve. 1 Page 80 Mr. Springer stated the proposal would probably take years to develop its full extent. He stated the plan's purpose was to start now as developers or property owners who develops the property would know what was planned when a site plan is presented to the Planning and Zoning Commission. The Council questioned about the closing of streets as to the property owners rights to access to their property. Mr. Springer answered that the City would have to secure the consent of every owner concerned. The Council discussed with Mr. Springer the plan's projected use and the cost of the streets. Junior Marsh of the audience questioned if he had a new or used car lot and wanted to expand does adopting this plan mean that he could not do so. Mr. Marsh operates a garage on the corner of Denton Drive and Valley View Lane. After some discussion on the uses of the property in PD-5, City Attorney Louis Nichols answered that it would be a permitted use as the area is zoned commercial. Mr. Alvin Thomas of the audience asked if Rossford Street is going through as planned, to have a building that backs up to the street now when Rossford Street goes through then the building should face Rossford. He asked how was this going to be worked out for he was proposing to construct a building facing Denton Drive which would then back up to a paved thoroughfare street. Mayor Grimmer explained Denton Drive would still be an open street. Mr. Thomas stated he had proposed to build a warehouse and was concerned about backing up to a paved thoroughfare street. Mr. Thomas expressed concern on where to face the building. Mr. Springer stated he would, if the Council accepted the proposed plan, study and see if there could be some flexibility worked out in the plan. After more discussion, a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", accepted the recommendation of Mr. Marvin Springer for redeveloping and the thoroughfare plan of PD-5-C which consists the original downtown Farmers Branch. The Council discussed with City Attorney Mr. Nichols the time limit of certain streetsto be improved. Mr. Nichols stated this can be controlled by the standards the Planning and Zoning Commission and the Council sets. Mr. Nichols pointed out that the motion will have to be implemented by the adoption of an ordinance that have the effect of amending PD-5. 1 Page 81 DISCUSSION ON AMENDING THE ZONING ORDINANCE TO REQUIRE TWO PAVED PARKING SPACES BEHIND THE FRONT BUILDING SETBACK LINE IN ALL SINGLE FAMILY AND DUPLEX DISTRICTS Mr. Jack Knight, member of the Planning and Zoning Commission, explained he was present to answer any questions the Council might have as to the actions by.motion of the Planning and Zoning Commission concerning the provisions for parking spaces to prevent off-street parking. A discussion was held on parking spaces to be provided for if living area was expanded by building in a garage. The Council understood that the spaces would have to be provided for behind the front building line. Mr. Knight stated this was not the intent of their .motion, as the spaces could be provided for somewhere on the property, like a side by side drive. Mr. Knight read the motion of the Planning and Zoning Commission. After some discussion, Mr. Nichols stated that the front yard cannot be used for off-street parking and pointed out that the present zoning ordinance on Page 35 provides that in the front yard no building, structure or use shall hereafter be located, erected, or altered so as to have a smaller front yard. The required front ,yard is 30 feet and if you use it for required parking, you are reducing the front yard. The Council discussed efftorcing the present zoning ordinance which would prohibit building in the garage unless required parking spaces are provided. Mrs. Billy Lyons, Mr. Joe McGowan, and Mr. Sid Shaw were present and made comments on parking in the street, paving for extra parking spaces in the front yard, and closing in the garage for living area. After some discussion, a motion by Councilman Binford, a second by Councilman Flaherty, was made not to amend the ordinance as presented by the Planning and Zoning Commission at this time. The motion failed 3 to 2, with Councilmen Binford and Flaherty voting for the motion, and, with Councilmen Korioth, Linn, and McClung voting against the motion. Councilman Korioth moved that the subject be tabled until the next Council meeting at which time the City Manager's staff can present the Council a complete study on this problem. Councilman McClung second the .motion. The motion carried 4 to 1 with Councilman Flaherty opposing. Councilman Linn made the following statement: "Each one of us in the audience, more particular us on the Council and those on the Planning and Zoning Commission realize how much time has been spent in getting this to this point which is a point of no Page 82 accomplishment. I would like to make a recommendation that in the future that when these things come to us,before the Council, for action whether they come from the Planning and Zoning Commission or the Park and Recreation or any other Board or Committee, Let it be withheld from the Council long enough for the City Administration at least sanction or to make a formulated opinion, then let it come to the Council by a representative that knows where of and what he speaks regardless of its enormity or its seemingly insignificance then communication lines are continuance between Administration, Boards, Committees, and etc. Your Council will then have a more comprehensive understanding and as a result of this there can be a much more expedient method of handling these questions. " The Council agreed with Councilman Linn. ORDINANCE NO. 838 - DESIGNATING A SCHOOL ZONE SOUTH OF FYKE ROAD ON WEBB CHAPEL FOR A DISTANCE OF 300 FEET After some discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", adopted the following captioned ordinance: "AN ORDINANCE DEFINING MOTOR VEHICLE; REGULATING THE SPEED OF MOTOR VEHICLES OPERATED WITHIN THE CITY OF FARMERS BRANCH, TEXAS; ESTABLISHING MAXIMUM SPEED LIMITS AT DESIGNATED PLACES WITH- IN THE CITY; PROVIDING A PENALTY FOR VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; REPEALING ALL ORDINANCES. " ORDINANCE NO. 839 -PARKING PROHIBITION IN AREA. OF CHAPEL HILL METHODIST CHURCH - TABLED After some discussion on the request from the minister of the Chapel Hill Methodist Church concerning the problems of traffic during church services, a motion by Councilman Korioth, a second by Council- man Flaherty, all voting "aye", tabled the action of Ordinance No. 839 until the City receives a request in writing from the Church Official Board. ORDINANCE NO. 840 and 841 - CHANGES IN TRAFFIC OPERATIONS IN VICINITY OF FARMERS BRANCH ELEMENTARY SCHOOL After some discussion, a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", adopted the following two (2) captioned ordinances: 840 "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, MAKING IT UNLAWFUL FOR ANY PERSON TO STOP, STAND, OR PARK A VEHICLE, EXCEPT IN Page 83 COMPLIANCE WITH THE LAW OR THE DIRECTIONS OF ANY POLICE OFFICER OR TRAFFIC CONTROL OFFICER OR TRAFFIC CONTROL DEVICE ON THE WEST SIDE OF DENNIS LANE, FOR A DISTANCE OF SEVEN HUNDRED AND ELEVEN AND ONE-TENTH (711. 1) FEET FROM RICHLA.ND AVENUE TO THE SOUTH PROPERTY LINE OF VIVIAN FIELD SCHOOL, AND, ON THE WEST SIDE OF TOM FIELD ROAD, FOR A. DISTANCE OF SEVEN HUNDRED AND THIRTY AND THREE-HUNDREDTHS (730.03) FEET, FROM RICHLAND AVENUE TO THE SOUTH PROPERTY LINE OF FARMERS BRANCH SCHOOL FOR THE HOURS OF 7:00 A. M. to 9:00 A. M. and 2:00 P.M. to 4:30 P. M. ON SCHOOL DAYS, IN THE CITY OF FARMERS, TEXAS; AND DECLARING AN EMERGENCY." 841. "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, MAKING IT UNLAWFUL FOR ANY PERSON TO TRAVEL IN OR ON ANY VEHICLE IN AN EASTERLY DIRECTION ON RICHLA.ND AVENUE, FOR A DISTANCE OF EIGHT HUNDRED AND FIFTY (850) FEET, FROM THE EAST SIDE OF DENNIS LANE TO THE WEST SIDE OF BIRCHLAWN STREET IN THE CITY OF FARMERS BRANCH; PROVIDING FOR A PENALTY; AND DECLARING AN EMERGENCY. " MAYOR AUTHORIZED TO EXECUTE DALLAS COUNTY FIRE SERVICE CONTRACT After some discussion, a motion by Councilman Korioth, a second by Councilman McClung, all voting "aye", authorized the Mayor to execute a Dallas County Fire Service contract. This is the standard contract that provides for the City to answer fire calls in unincorporated areas adjacent to our City. BATCHING PLANT - VALLEY VIEW LANE AND WEBB CHAPEL ROAD City Manager Paul West explained that Austin Paving Company has requested permission to use a 250 ft. tract out of the western part of the vacant 5 acre tract located at the Northwest corner of Webb Chapel and Valley View Lane for a temporary batching plant. Mr. West stated Austin Paving Company would be doing work for the Skaggs-Albertson Shopping Center located south of the Post Office on Veronica. On discussion of the length of travel the trucks would have to go, a motion by Councilman Linn, a second by Councilman Korioth, was made to deny the request. Councilman Linn withdrew his motion and Councilman Korioth withdrew his second. Page 84 The Council suggested that maybe a closer location would be more convenient for the batching plant. The Council asked Mr. Bob Heiser, who was in the audience,who is the property owner of some vacant land on the corner of Wilmington and Valley View, if he was approached by Austin Paving Company would he allow them to use this property for a batching plant. Mr. Heiser stated he had no objection for he was letting Texas Bitulithic Company us the corner of Valley View and Josey Lane for the same use. The Council expressed desire for the City Administration to contact Austin Paving Company and suggest a closer location. Mr. Jack Knight stated he owned some property close to the location of the request and he was not in objection to the request. After.some discussion, a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", denied the request of Austin Paving Company for a temporary batching plant on the corner of Valley View Lane and Webb Chapel Road and see if closer location can be provided. BATCHING PLANT - WEBB CHA.PEL AND VALLEY VIEW LANE City Manager Paul West explained that Texas Bitulithic Company has requested permission to use the Northwest corner of Josey Lane and Valley View Lane for a temporary batching plant. Mr. West explained that Texas Bitulithic Company would be doing work for the City, on Austell Parkway and on the widening of Josey Lane. Upon a motion by Councilman Korioth , a second by Councilman Linn, all voting "aye", granted the request of Texas Bitulithic Company by passing a resolution which the zoning ordinance requires, to operate a temporary batching plant on the corner of Josey Lane and Valley View Lane. KIWANIS CLUB REQUEST PERMIT FOR CIRCUS Councilman Korioth, a Kiwanis member, stated that the International Kiwanis Club has made arrangements for a Circus that goes throughout the United States, to come to Farmers Branch. He stated that the Kiwanis Club has the opportunity to use this for their once a year annual fund raising for their crippled children proceeds, and the Farmers Branch and Carrollton Kiwanis has contracted the circus to come to Farmers Branch, April 16th, 1970. Councilman Korioth stated that the City does not have circus as such provided for in the ordinance and request that the City Council allow the Circus to come to Farmers Branch end locate on a 22 1/2 acre tract behind the Valwood Shopping Center which the Club has the consent of the property owner. Councilman Korioth also requested Page 8 5 that in order to handle this in the future that we amend our zoning ordinance to make an addition to allow things of this sort to be approved by resolution by the City Council. After some discussion on fire and building inspections, a motion by Councilman Korioth, a second by Councilman McClung, all voting "aye", approved the request of the Kiwanis Club to allow a circus April 16th, 1970 on 22 1/2 acres behind the Valwood Shopping Center. Upon a motion by Councilman Korioth, a second by Councilman Flaherty, all voting "aye", request the Planning and Zoning Commission to hold a public hearing to consider amending the zoning ordinance to permit temporary commercial permits be granted by resolution. MRS. A.ILEEN TIEMA.NN'S RESIGNATION ACCEPTED Upon a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", accepted the resignation from Mrs. Aileen Tiemann who has served on the Planning and Zoning Commission and stated that a Certificate of Appreciation for services is needed to be prepared. TEXAS HIGHWAY DEPARTMENT PUBLIC HEARING After some discussion on the public hearing to be held by the Texas Highway Department on the corridor route for State Highway Loop 9, a motion by Councilman Binford, a second by Councilman Flaherty, all voting "aye", was made to send this item to the Planning and Zoning Commission for study and recommendation for the best interest to the City. PARKWAY SOUTH ADDITION DISCUSSION WITH BOB HEISER Mr. Bob Heiser, a part property owner of the Parkway South Addition located from Josey Lane to Tom Field Road north of Valley View to the property belonging to the City south of Rawhide Creek, stated he came to the Council because he was in the process of wanting to present a preliminary plat to the Planning and Zoning Commission on lots along proposed Golfing Green Drive and requested the City's cooperation in the development of Golfing Green Drive as an adjacent property owner. Mr. Heiser explained his request as, he would dedicate half of Golfing Green Drive and the City as property owner on the North would dedicate half of Golfing Green Drive and that he request the City to share in the expenses of paving and putting in the water line on Golfing Green Drive. Mr. Heiser stated he proposed to dedicate Tract 3, pointing on his map which is an 0. 916 acre-.tract that would be on the corner of Josey Lane and proposed Golfing Green Drive, to the City for City use. Mr. Heiser stated before he appeared before the Planning and Zoning Commission he would like to get a commitment from the City on cooperation of the development of Golfing Green Drive. Page 8 6 The Council inquired about and was assured by Mr. Heiser that his proposal of Golfing Green Drive would be lined up with Golfing Green Drive to the east of Josey Lane. Mr. Heiser further stated that he was proposing to dedicate this Tract 3 and expected the City to continue Golfing Green Drive through what would be City property which means that the City would own both sides of Golfing Green Drive adjacent to Tract 3. Upon a question of limitations, Mr. Heiser stated there would be no limitations on the use of Tract 3 after being dedicated to the City. City Attorney Louis Nichols pointed out that Mr. Heiser was asking the Council to waive a condition in Section 2 of Ordinance 833 in which the property is zoned. Mr. Nichols stated the Zoning Ordinance obligates the property owner to put in Golfing Green Drive at his expense prior to the issuance of any certificate of occupancy. After some discussion on the past public hearing that was held on this property, Mr. Heiser stated his alternative plan would be to pull back 25' to the south and develop approximately 4 more duplexes on Tract 3. The Council discussed with Mr. Heiser the cost of paving Golfing Green and the cost of the water lines to be installed and the cost of Tract 3. No definite amounts were discussed only estimates. The Council discussed the State requirement as to the City having to advertise for bids if the City spent the money for paving half the street. Also, discussed the developer putting a street on City property and Mr. Nichols again reminded that Ordinance 833 provides the developer to develop the street. The Council discussed the alignment of west Golfing Green Drive intersecting with east Golfing Green Drive. City Attorney Mr. Nichols stated that the intersection would be where the Planning and Zoning Commission wanted it. Councilman Korioth stated that he wanted to go on record as saying to Bob Heiser: "I will go to hell and back with you to get this straighten out ' Mr. Heiser stated at this point he would put the street on his property and plat the lots all the way to Josey Lane and would make it available for the City to purchase. Page 8 7 The Council discussed purchasing the land as acreage before the land is platted. Mr. Nichols stated he thought this was the original intent. In essence the Council noted that the City would have the land appraised and then negotiate with Mr. Heiser for Tract 3 as shown on the map presented. 1 Page 88 EXECUTIVE SESSION - CITY COUNCIL MEETING OF MARCH 16, 1970 Tracy Property After some discussion on the condemnation suit of the 46.15 acres known as the Tracy Property located behind our present land fill, a motion by Councilman Korioth, a second by Council McClung, all voting "aye", accepted the Commissioner's award of $112, 000. 00 for the 46.15 acres (Tracy Property), which authorizes putting up the money with the County Clerk in order to take possession of the award. Goldware Property After some discussion on offers .made, which was rejected, to Mr. Ben Goldware for a 0. 217 acre tract needed for additional right-of-way at the Northwest corner of Josey Lane and I. H. 635, a motion by Councilman Korioth, a second by Councilman Binford, all voting "aye", declared it necessary to acquire a 0. 217 acre tract belonging to Mr. Ben Goldware for right-of-way purposes and authorized condemnation to be filed. Brin Property After some discussion, a motion by Councilman Binford, a second by Councilman Korioth, all voting "aye", authorized the purchase of 3. 1 acres of the Brin Tract at Webb Chapel and Farmers Branch Creek in the amount of $4, 700. 00 plus the survey and legal costs that will be involved. Appointment to Library Board After some consideration, a motion by Councilman Flaherty, a second by Councilman Binford, all voting "aye", appointed Mrs. Karen Maddry to the Library Board to serve an unexpired term expiring May, 1970. ADJOURNMENT Upon a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", adjourned the CITY COUNCIL meeting of March 16, 1970. Mayor eo e G. Gr' mer ity Secretary n Page 8 9