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1970-08-17 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A. REGULAR MEETING August 17, 1970 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro-Te.m W. R. Linn Councilmen: Ray Flaherty Bill McClung Al Korioth Bill Binford City Manager Paul M. West City Attorney H. Louis Nichols City Secretary Ruth Ann Parish Mayor Grimmer called the regular meeting of August 17, 1970, of the City Council to order at 7:30 P. M.. Glenn Moore gave the invocation. APPROVAL OF MINUTES Upon a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", considered and approved the minutes of the regular City Council Meeting of August 3, 1970, as written. PUBLIC HEARING - CENTENNIAL'S REQUEST FOR CHANGE OF ZONING FROM R-2 TO PD-15 (LR-1, MF-1) ON PROPERTY LOCATED THE SOUTH- EAST CORNER OF MARSH LANE AND BROOKHAVEN CLUB DRIVE Mayor Grimmer opened the public hearing. Mayor Grimmer explained that Centennial Construction Company had requested a change of zoning from R-2 to PD-15 (LR-1, & MF-1), which had gone before the Planning and Zoning Commission and was denied. Mayor Grimmer stated that Centennial was now submitting a revised request that asked for LR-1 & R-3. He explained that Centennial was in order b.y requesting a revision of MF-1 to R-3 zoning, since R-3 is an up grading zone. Mr. Clayton Sanders, representative from Centennial Construction Company, presented a revised request showing a Safeway Store remaining at the north- west corner and R-3 zoning proposed for the remainder of the property. Mr. Sanders stated in his opinion this would be the best land use because of its value. He stated this was a reasonable request and asked the City Council to vote in favor of the change. No one was present to speak in favor of the request. Page 145 Those speaking in opposition are listed below: 1. Mr. Bob Blyth, 13832 Braemar Drive, opposed the request for the zoning change especially the Safeway Store which would create a lot of traffic. He opposed the repeated public hearings held on this property. 2. Mr. Roy Thompson, 13716 Tanglewood, opposed the zone change. 3. Mrs. John A. Carlson, 3510 Brookhaven Club Drive, spoke opposing the Safeway Store and the apartments that are in Addison near this area. 4. Mr. Carl Travis, 13732 Tanglewood, opposed the zone change and requested the zoning on this property to remain R-2. Mr. Travis stated he had presented a petition to the Planning and Zoning Commission opposing this change. 5. Mr. Wendal Harrison, 13808 Tanglewood, spoke opposing the request and stated he had helped get a petition of some 200 names opposing this change which was presented to the Planning and Zoning Commission. He stated that about 90% of the whole Brookhaven area objected to the zone change. 6. Mr. Floyd Brown, 13832 Braemar, objected to the Safeway Store and any use of the land that would lower the zoning. He stated that Marsh Lane when .made a six lane thoroughfare would have enough traffic conjestion without a Safeway Store on the corner. He stated the land on Valley View Lane that was proposed for a Junior College is down grading this area and the Council should let the Junior College Board know that they should look elsewhere for a college site. 7. Mr. Don Church, 13706 Tanglewood, opposed the revised request for the zoning change and questioned how the request could be revised. 8. Mr. Ed Brown, 3212 Rollingknoll Place, opposed a Safeway Store being at this location because of the density to the area. 9. Mr. Phil Sizer, 14217 Tanglewood, opposed the Safeway Store. He stated he had helped inform the people in this area with a petition which proved opposition to the request. 10. Mr. John Hornburg, 13748 Tanglewood, opposed, stating this area did not need a Safeway Store. 11. Mr. Vic Anderson, 13843 Tanglewood, opposed the zone change asking the Council to consider the following: a. Asked the Council to back the Planning and Zoning Commission's decision. Page 14 6 b. That the request goes against the Master Plan by Marvin Springer. c. That Land is too scarce for residential zoning. d. That neither this area nor Farmers Branch need another Safeway Store. e. That this decision of the Council might reflect or commit us on other immediate areas in the future. After no other comments, a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", closed the public hearing. After Council voiced their opinions, Councilman Linn made a motion to deny the request for a zone change on the property located on the Southeast corner of Brookhaven Club Drive and Marsh Lane. Councilman Korioth seconded the motion and all voted "aye". PERMIT FEES WAIVED FOR SCHOOLS Mr. Bill Skipping, representing the Carrollton- Farmers Branch Independent School District, requested the City to waive the permit fees charged to the school district. He pointed out that neither Dallas nor Carrollton charged for permits. Mr. Floyd Brown, 13808 Tanglewood, spoke in favor of continuing the policy as it is, that the school districts pay all permit fees. After some discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", instructed the City Attorney to prepare the necessary instruments to waive the payment of all building permit fees for the Carrollton-Farmers Branch Independent School District and the Dallas Independent School District. JAYCEES REQUEST BANNERS FOR PIONEER DAYS Mr. Bill Sleeper, representative from the Jaycees, requested street banners to be placed over the streets on light poles to advertise Pioneer Days. He stated the four proposed locations were: Valwood Parkway near Stem.mons Freeway; Valley View Lane near Stem.mons; Josey Lane near L. B. J. Freeway; and, Webb Chapel Road near L. B. J. Freeway. He requested the banners be put up September 1, 1970 thru September 25, 1970. After Council consideration, a motion by Councilman Korioth, a second by Councilman Linn, all voting"aye", approved the request of the Jaycees for street banners advertising Pioneer Days for the time of September 1, 1970 thru September 25, 1970. PUBLIC HEARING - OFF-STREET PARKING REQUIREMENTS Mayor Grimmer opened the public hearing and read the recommendations of the Planning and Zormzg Commission which are listed below: I. Provide three (3) off-street paved parking spaces behind the front building line in the R-1, "one family residence districts", for all new buildings and structures. Page 14 7 II. Provide two (2) off-street paved parking spaces behind the front building line in all R-2, R-3, R-4, R-5 and R-6, "one family residence districts" and in the D-1 and D-2 "Two family residence districts" for all new buildings and structures. III. Provide that for alterations or conversions of existing buildings and structures which involve an expansion of living area: "A,. That required parking spaces are located in such a .manner, so as to permit maneuvering from each space to the nearest adjacent public street or alley without encroachment on other parking spaces. B. So as to require that required additional parking area be constructed in the area defined as that between the existing driveway and the nearest side lot line. If such area is inadequate, additional area adjoining the existing driveway towards the other side lot line may be used. C. That the area defined as the front yard may be used in calculating required parking area. D. That the area defined as the side yard may be used in calculating the required parking area. E. That the area defined as the rear yard may be used in calculating the required parking area. F. That required parking areas may be either side by side or parallel. G. That the required parking area not be required to be behind the front building line. IV. That the Building Code of Farmers Branch be amended, if necessary." Mr. George Leh.man,3124 Myra Lane, stated he was not able to buy a larger home and needed to build in his garage for living area. He asked the Council to approve the recommendations of the Planning and Zoning Commission. Mr. Fred Moore, 13659 N. Rawhide, stated he concurred with the Planning and Zoning Commission and urged the Council to do the same. Mr. Bob Burkhalter asked the Council to accept the recommendations of the Planning and Zoning Commission because, if not, this would run people out of Farmers Branch to another town to buy a larger home that they could not afford in Farmers Branch. Mrs. Tulley, 12806 Wilmington, stated she would appreciate it if the Council would accept the Planning and Zoning Commission's recommendations. Upon a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", closed the public hearing. Page 148 Councilman Flaherty .moved to accept the recommendations of the Planning and Zoning Commission. Councilman McClung seconded the motion. After the Council discussed some clarifications on the provisions of the reco.m- .mendations of the Planning and Zoning Commission and expressed their desires, Councilman Flaherty withdrew his .motion and Councilman McClung withdrew his second. In essence, the Council wished that off-street parking need not be provided behind the front building line as long as the adequate space could be provided on the property, like a driveway, in existing single family and two family residences. Example, if a house has a one-car garage and the garage is built in, the driveway would be sufficient off- street parking, and, the same be true with a two car garage with a double driveway. A. motion by Councilman Flaherty, a second by Councilman Binford, instructed the City Attorney to prepare an ordinance amending the present Zoning Ordinance for off-street parking requirements to include the recommendations of the Planning and Zoning Commission and the Council's wishes. Motion carried, Councilman Linn abstained. WATER SUPPLY PROPOSAL DISCUSSED Councilman Linn stated he was not present at the study session when Freese, Nichols and Endress were represented and asked to be briefed on their proposal. Mayor Grimmer briefed the different proposals presented. The Council discussed hiring Freese, Nichols and Endress on a per d:.m basis rather than on contract basis. After being informed of Dallas having a report being prepared by Black and Veatch, . Councilman McClung moved to hold any decision at this time until the advanced report by Black and Veatch on Dallas is made available. Councilman Flaherty seconded the motion. All voted ' aye' . Mr. Phil Sizer asked if Dallas was limited on their cost of water. Mr. H. Louis Nichols, City Attorney, replied that Dallas could base their cost on the consumption of water the City used. Mr. Floyd Brown asked where can we negotiate elsewhere rather than from the City of Dallas. Mayor Grimmer mentioned the possibilities of purchasing water from the North Texas Municipal Water District, from Park Cities, from Cedar Creek reservoir, and from the Sulphur River. He stated that these would have to be negotiated and that is why they were considering the firm of Freese, Nichols and Endress. Page 149 ORDINANCE NO. 854 - REGULATING SPEED LIMITS IN CERTAIN SCHOOL ZONES After due consideration, a motion by Councilman Linn, a second by Council- man Binford, all voting "aye", adopted the following captioned ordinance: A.N ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FOR THE INSTALLATION OF AUTOMATIC SCHOOL ZONE DEVICES REGULATING THE SPEED OF MOTOR VEHICLES UPON CERTAIN STREETS; MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE A MOTOR VEHICLE AT A SPEED IN EXCESS OF THE SPEED INDICATED BY SUCH AUTOMATIC SIGNALS; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200. 00); AND DECLARING AN EMERGENCY. RESOLUTION AUTHORIZING BA.TCHING PLANT - Webb Chapel and Valley View Mr. Wayne McCall, representing Texas Bitulithic Company, requested consideration for a batching plant to be located at the corner of Webb Chapel Road and Valley View Lane. Mr. McCall stated this was the most suitable place they could work from for the Webb Chapel Road widening. After some discussion, a motion by Councilman Korioth, a second by Councilman Flaherty, all voting "ayes", passed a resolution permitting Texas Bitulithic Company to use a tract of land, located at the Northwest corner of Valley View Lane and Webb Chapel Road, for a temporary asphalt or concrete batching plant. MEETING DATES SET FOR SEPTEMBER After some discussion, a motion by Councilman Korioth, a second by Councilman Binford, all voting "aye", set the dates of September 1, and September 15, for the City Council meetings for next .month. PUBLIC HEARING DATE SET FOR BUDGET After some discussion, a motion by Councilman Korioth, a second by Councilman Flaherty, all voting "aye", set the date of September 15, 1970, for the Public Hearing of the 1970-1971 Budget. CHANGE ORDER TO THE WINDMILL, JOANNA, MARK TWAIN PROJECT DELETED FROM AGENDA Upon a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", deleted the discussion for a change order to the Windmill, Joanna, Mark Twain Project. I MAYOR GRIMMER CALLED A SPECIAL MEETING OF THE CITY COUNCIL FOR AUGUST 24, 1970 AT 7:00 P. M.. Page 150 EXECUTIVE SESSION OF COUNCIL MEETING OF AUGUST 17, 1970 LJ LAND ACQUISITION Parkway South Addition City Manager Paul West went over the up-to-date agreement between the City and the developers of Parkway South Addition. Mr. West stated there was an existing storm sewer inlet in Tom Field which will have to be relocated when Golfing Green Drive is opened up. He reported that the developer feels that the City should pay half of this cost since it is an integral cost or necessary cost for opening up Golfing Green Drive. To remove and replace the inlet would cost $774. 00, one-half of the cost would be $387. 00. Mr. West stated he believed the request was fair and the cost of removing and replacing this inlet is a necessary cost for paving Golfing Green Drive. Mr. West reported that to date the total cost to the City for all that has been agreed upon amounts to approximately $34, 000. 00. After some discussion, a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", granted the request of the developer to remove and replace the inlet in Tom Field Road for half of the cost, City's share being $387. 00. PERSONNEL MATTER Councilman McClung asked City Attorney Louis Nichols his opinion of hiring a full time City Attorney. Mr. Nichols stated he did not believe the City was in need for one right now but might in two to three years. Mr. Nichols did state that he would let the Council know when he thought the City needed one. A.DJOURNMENT Upon a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", adjourned the regular meeting of the City Council of August 17, 1970 at 10:06 P.M. . 'z el~.z Z'~ Mayor Geo ge G m.mer 4"_ ~117 -2 . , I-e-e JZ'~ zLea City Secretary Page 151