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1972-11-06 CC Minutesr CITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING November 6, 1972 Members of the City Council present were: Mayor George G. Grimmer Mayor Pro Te.m W, .R. Linn Councilmen: Ray Flaherty Bill McClung Bill Binford Councilman Quevreaux was out of town on company bu.siness which was recognized-as an excused absence. Members of the City Administration present were: City Manager Paul M. Wedt City Attorney George McDonald City Secretary J. W. Wade Director of Public Works Roy Patton Fire Chief R. L. Yager Police Chief Roger Robbins Director of Parks & Recreation John Burke Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of November 6, 1972 to order at 7:30 P. M. J. W. Wade gave the invocation. EMERGENCY ITEM DECLARED After some discussion, a motion by Councilman Linn, a second by Council- man Flaherty, all voting "aye", declared an emergency and placed as Item No. _17. A. on the Agenda to consider an ordinance regarding the regula.tiohs of the sale of alcoholic beverages in the City of Farmers Branch. APPROVAL OF MINUTES Upon a motion by Councilman Binford, a second by Councilman Linn, all voting "aye", approved the City Council minutes of the meeting of October 16, 1972. as submitted. PRESENTATION OF SERVICE AWARDS Mayor Grimmer presented 5 year service awards to Martin Brown of the Police Department and to Michael Osborne of the Fire Department for their employment with the city. Page 533. LEGISLATIVE MATTERS Mayor Grimmer, member of the Texas Municipal League's Legislative Personnel Committee, gave a report on their meeting in Austin. Councilman Binford, member of the Texas Municipal League's Legislative General Municipal Affairs Committee, gave a report on their meeting in Austin. Councilman McClung, member of the Texas Municipal League's Legislative Finance Committee, gave a report on their meeting in Austin. They all told of their"committee's discussions concerning existing and proposed legislation. OFFICIAL EMBLEM ADOPTED FOR THE CITY Mr. Roc Mitchell, resident of Farmers Branch and owner of Rock Mitchell Design, presented an emblem for consideration that would symbolize the identity of the City of Farmers Branch. The emblem has "FB" with the words "Farmers Branch" and with a green block which symbolizes parks af.d open' space of the city. After some discussion, a motion by Councilman Linn, asecond by Council- man Binford, all voting "aye", adopted the emblem presented by Mr. Mitchell as the official emblem of the City of Farmers Branch, which Mr. Mitchell is donating the design to the city, for use. PUBLIC HEARING - CONTINUED - MARSH LANE IMPROVEMENTS Mayor Grimmer opened the continued public hearing to consider the assessment paving on Marsh Lane from L. B. J. Freeway to Valley View Lane. Mayor Grimmer stated that all testimonies taken at the previous meeting are part of the record. and requested only those who did not have that opportunity to testify at this time. The following spoke: Mr. John A. Hime, 3707 Ridgeoak, opposed to the assessment for the improvements, especially the sidewalk. Mr. David G. Ast, 13131 Pennystone, stated that .he felt that the'pro.pevti.es involved would not be enhanced by these improvements and opposed the assessments proposed. He questioned the procedure of assessments. Mrs. BiLI Weavrer, 12959 Pennystone, objected to the assessment and the sidewalk. Mr. Bob Land, Chairman of the Board at the Valley View Christian Church, made statements opposing the sidewalk and the assessment on their property at Valley View Lane and Marsh Lane. Mr. Joe Floyd, 12969 Pennystone, made statements opposing the assessment as he did at the previous meeting. Page 534. There was a discussion between the members of the Council and the members of the audiencencerning the need for the improvements on Marsh Lane. Mr. Charles Carlin, 3750 Ridgeoak, opposed to the assessment and the sidewalk. Mr. John Helms, 13547 Rawhide Parkway, spoke concerning requesting the County of Dallas for participation for the improvements on Marsh Lane. Mr. T. M. Parrent, 3670 Janlyn, opposed to the construction of the sidewalks. Mr. Robert L. Bell, 12839 Pennystone, asked why were sidewalks being installed on Marsh Lane and, were not on Webb Chapel Road? Mr. Doug Sowell, 3623 Chellen, inquired as to why the sidewalk and other improvements were not proposed for the.; vacant property on the southwest corner of Valley View Lane and M`Ar. sh Lane. After .more discussion, a motion by Councilman McClung, a ,second by Councilman Linn, all voting "aye", closed the public hearing. After some discussion and reviewing the explanation for rate of assessment calculations, Councilman Linn moved that the property owners not be assessed more than $1. 00 peri, front foot, with no assessment for the side- walks but the sidewalk be constructed on the west side only at the expense of the city; that the paving cost on the Presbyterian Church property be assessed at zero because of previous agreement that was reached prior to the time of this street development; that the paving cost be assessed against the unplatted, property of the Harpet Investment Company in the amount of $4, 934. 36; and, that the assessment for the paving in front of the Valley View Christian Church be in the amount of $1, 829.44. Councilman McClung seconded the motion. After some discussion on the reduction of the assessment, and the paving assessment on the Valley View Christian Church and bn the Harpet Investment Company's property, Councilman McClung withdrew his sec®nd.to the motion. Councilman Binford seconded Councilman Linn's motion. The motion carried 3 to 2 with Councilmen Linn and Binford voting "aye", Councilmen Flaherty and McClung voting "nay", and Maybr Grimmer voting "aye" to break the tie. Representatives of Valley View Christian Church spoke in opposition to the action taken by the' Council'conoerning their property.. Page 535. PUBLIC HEARING - REQUEST FOR ZONE CHANGE FROM R-4 TO PLANNED DEVELOPMENT 1MF-1 AND OFFICES) ON A 3. 996 ACRE TRACT OF LAND LOCATED ON THE NORTH SIDE OF VALLEY VIEW LANE AND AND BOUNDED ON THE EAST BY DENNIS ROAD AND ON THE WEST BY A 30 FOOT STREET RIGHT-OF-WAY DEDICATED TO THE CITY OF FARMERS BRANCH, AND FROM R-6 TO PLANNED DEVELOPMENT AREA ALLOWING MF-1 AND OFFICE USES ON A 22.659 ACRE TRACT OF LAND LOCATED NORTH OF VALLEY VIEW LANE AND BEING BOUNDED ON THE EAST BY TOM FIELD ROAD, ON THE WEST BY DENNIS ROAD AND ON THE NORTH BY FARMERS BRANCH ELEMENTARY SCHOOL. REQUESTED BY ROBERT H. HEISER Mayor Grimmer opened the public hearing to consider the request for zone change as described in the above underlined caption. Mr. Robert H. Heiser, developer, presented his zone change request. He stated he proposed to develop the property into cluster homes and offices. He displayed renditions of his proposal. The plan proposes 3 acres of office zoning located south and east of-.Rawhide Creek between Tom Field Road and Valley View Lane. Cluster homes -are proposed on 22. 57 acres of land with 167 units. Mr. Heiser described the cluster homes as beinpr like two duplexes back to back on a 60' x 901-lot. Itachh unit is pcro"posed to have- b. two car, garage and would be served by a 2,7' access drive. Mr. Heiser pointed out the proposed streets in the area. He stated that the exterior of the homes, the yards, and the creek would be maititained by a Homeowtiers Association. Mayor Grimmer asked if there was anyone present to speak in favor of the request. No one spoke. Mayor Grimmer asked if there was anyone present to speak in opposition of the request. The following spoke: Mr. John. Steigler, 13334 Nestle, opposed the zone change request because of overcrowding the schools and the need for more park area. Mr. J. D. Price, 13321 Nestle, opposed the zone change request because the development would create more traffic on Dennis Lane. " Mr. W. W. Arthur, 13328 Nestle, questioned as to what would be on the property zoned for, office use?-. He spoke opposing the construction of any building that might have anything to do with the sale of alcoh©lic beverages. Mr. M. J. Murphy, 13339 Nestle, opposed the zone change request because of overcrowding the schools in the area and the .increased traffic on Dennis Lane. Mr. B. J. Sorrells, 13310 Nestle, stated that he opposed to the request. Mr. E. C. Heckart, 13346 Nestle, stated that he opposed to the request. Mrs. D. M. Hernandez, 13345 Nestle, opposed the zone change request because of the inerease~ of traffic that would occur,from the development. Page 53 6. Mr. Ed Carpenter, 13340 Nestle, questioned the height of the proposed buildings. He opposed the story and one-half buildings. Mr. Thomas Kelley, 13333 Nestle, opposed the :zone change request because of increased traffic-, on Dennis Lane and the schools being:-overcr.0awded. He suggested the area..be"used f6r.parks. Mr. John Helms, 13547 Rawhide, opposed because he felt the density too high for the area. ` Mrs. K. D. Moore, 13408 Dennis, opposed because of increased traffic and the number of units that-are, proposed. Mrs. Barney Wood, 13519 Pyramid Lane, opposed the' zone change request because of the increase in density in the area and the overcrowding of schools. Mr. B. A. Reynolds, 13414 Tom Field; , stated that he opposed the zone change request. Mr. Joe Williams, 13424 Tom Field.,, opposed the zone change request because of the increase in density in the area and the overcrowding of schools. He requested more parks for the city. Mr, K. D. Moore, 13408 Dennis, inquired about the city securing this property for a central park. After more discussion, a motion by Councilman Linn, a second by Council- man Binford, all voting "aye", closed the public hearing. There was a discussion among the Council members of the- density being too high for this area in the proposal. After more discussion, a motion by Councilman McClung, a second by Councilman Flaherty, all voting "aye", denied the request for zone change as presented by Mr. Heiser. REQUEST FOR FENCE ORDINANCE VARIANCE GRANTED, Valwood Park Baptist Church, located at 2727 Valwood Parkway and mKi the northeast corner of the intersection of Valwood Parkway and Josey Lane, requested a variance from the Fence Ordinance which prohibits fences from being constructed or maintained within a front ,yard, from the front building line to the front lot line, or in the required front yard area of an unimproved lot within the city. The Zoning Ordinance requires a twenty-five (25) foot front yard setback along both Valwood Parkway and Josey Lane. A fence has been constructed along the south side of the parking lot from the main building to the sidewalk along Josey Lane. The fence is approximately 30" high and consists of 6" diameter posts set in the ground and connected by a single steel cable. The fence was erected :without obtaining a permit. One of the fence posts is within the Josey Lane right-of-way. The Baptist Church requested the variance so they might be allowed to keep the fence in its present location. Page 537. A sketch was displayed showing the property and the fence in question. City Manager Paul West recommended that the post that is in the right-of-way be removed. After some discussion, a motion by Councilman McClung, a second by Councilman Binford„ all voting "aye", granted the request of Valwood Baptist Church provided that the post that is in the right-of-way be removed. CIVIC AND PHILANTHROPIC USE REQUESTED Mr. Don Bounds, representing the Bethany Temple Church, made a request for permission to hold a Garage Sale on their property at 14133 Dennis Lane for a period from November 8th thru the 11th and from November 15th thru the 18th, 1972. After some discussion, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", adopted Resolution No. 72-054 which allows the temporary use for the garage sale requested by Bethany Temple Church. TEMPORARY SIGN REQUEST BY BETHANY TEMPLE CHURCH Mr. Don Bounds of Bethany Temple Church requested permission to erect a temporary sign advertising the Garage Sale and a small sign with an arrow on their property at 14133 Dennis Lane. The sign advertising the sale will be a 4' x 10' wooden sign located 20' from the curb in the front yard of the church property. , After some discussion, a motion by Councilman Flaherty, a second kry Councilman Linn, all voting "aye", granted the Bethany Temple Church permission to erect the garage sale advertising sign And -the directional "arrow" sign as requested. STORM SEWER EASEMENT ACCEPTED FROM BROOKHAVEN BUSINESS PARK City Manager Paul West recommended that the City Council, aceept the dedication of the storm sewer easement by J. L. Williams Company. The s:'torm sewer easement is in Brookhaven Business Park, Phase II, Block 5, and is needed for storm drainage at this location. After some discussion, a motion by Councilman Binford, a second by Council- man Flaherty, all voting "aye", accepted the storm sewer easement from the J. L. Williams Company as recommended by the City Manager. REQUEST FOR "FARMERS BRANCH" TO BE ON DRIVERS LICENSES Councilman Binford told of incidences of trying to get the name Farmers Branch" on drivers licenses instead of "Dallas '34". After some discussion and alterations made on the drafted resolution, a motion by Councilman Binford, a second by Councilman Flaherty, all voting "aye", adopted attached Resolution No. 72-055 -which requests the Texas Department of Public Safety to instruct their personnel in Dallas County to issue drivers licenses showing "Farmera Branch" if requested. page 538. MEMBERSHIP INTO TRINITY IMPROVEMENT ASSOCIA'T`ION AUTHORIZED. Mayor Grimmer stated that by letter the City has been ,asked to join the Trinity Improvement Association. He stated that the T. LA.. was initiating a program to bring Municipal Memberships into the Trinity Improvement Association. A Municipal Membership is $100. 00 per ,year. After some discussion, a motion by Councilman Linn , a second by Council- man Flaherty, all voting "aye", authorized the City to join as a Municipal Member into the Trinity Improvement Association in the amount of $100. 00 per ,year. CONTRACT AWARDED FOR RADAR EQUIPMENT Two bids for radar equipment for the Police Department were presented for consideration. The Administration recommended that the bid' be awarded to Kustom Signals, Inc. in the amount of $2,185.00. After some discussion, a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", , awarded the contract for radar equip- ment to Kustom Signals, Inc, in the amount of $2,185. 00. CONTRACT AWARDED FOR RADIO EQUIPMENT Three bids for radio equipment for the Police Department were presented for consideration. The Administration recommended that the bid be awarded to General Electric in the amount of $9, 077. 00. After some discussion, a motion by Councilman Linn, a second by Council- man McClung, all voting "aye", awarded the contract for 'radio equipment to General Electric Company in the amount of $9, 077. 00. CONTRACT AWARDED FOR AUTOMOBILES City Manager Paul West presented the one bid that was received for 10 auto- mobiles for the various departments of the city. Mr. West stated that four other firms were contracted several times requesting bids for the automobiles. The bid received ds - from Jarmon Ford Company, without trade-ins, in the amount of $37,438.60, o - After some discussion, a motion by Councilman McClung, a second by Councilman Flaherty, all voting "aye", awarded the contract for 10 automobiles to Jarmon Ford Comnpany„ without trade-ins, in the amount of $37,458. 00. ADVERTISEMENT FOR BIDS AUTHORIZED - BACKHOE - AIR COMPRESSOR After some discussion, a motion by Councilman Flaherty,, a second ;by Councilman Linn, all voting "aye", authorized. the advertisement for bids for a backhoe and an air compressor for the Utilities Department. AMENDED RESOLUTION ADOPTED CONCERNING EXEMPTION: FROM AD VALOREM TAXES FOR IMPORTED GOODS. City Manager Paul West presented a resolution that was recommended by the city's attorneys concerning exemption from Ad Valorem Taxes for imported goods, Page 539. There was a discussion of sending the resolution to the Resolution Committee of the Texas Municipal League for consideration. After some discussion, a motion by Councilman Flaherty, a second by Councilman McClung, all voting "aye", adopted a resolution concerning imported goods being exempt from ad valorem taxes; and recommended that the Texas Municipal League consider adopting the recommended resolution. ORDINANCE NO. 937 - REGULATIONS OF THE SALE OF ALCOHOLIC BEVERAGES. City Manager Paul West stated that the ordinance presented provided for the regulations of the Sale of Alcoholic Beverages. He stated that by the adoption of this ordinance the city would be in control of the sale of alcoholic beverages in case the voters noted for the sale of alcoholic beverages in the election November 7, 1972. After some disccssion, a motion by Councilman Linn, a second by Council- man McClung, all voting "aye", adopted the following captioned ordinance; AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, TEXAS, BY ADDING ARTICLE IX TO CHAPTER 17, PROVIDING FOR THE REGU- LATIONS OF THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR APPLICATION, ISSUING PERMIT, REFUSAL TO ISSUE, AND REVOCATION OF PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR A. PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. SINCE AGENDA ITEM NO. 18 INVOLVED LAND ACQUISITION, A MOTION BY COUNCILMAN BINFORD, A SECOND BY COUNCILMAN LINN, ALL VOTING AYE` MOVED THIS ITEM INTO THE EXECUTIVE SESSION FOR DISCUSSION. EXECUTIVE SESSION Land Acquisition Mr. Gene Wilmer, partner with Jack Atkinson, was present and reviewed their request to sell to the City the property located a-t 12525 Denton Road that was presented at the City Council meeting of October 16, 1972. Mr. Wismer and Mr. Atkinson made an offer to the city in the amount of $20, 000. 00 for the property. After-,some discussion on the right of way that would be needed from'this property for the extension of Rossford Street; , a motion by Councilman Binford, a second by Councilman Linn, all voting "aye", authorized the purchase of the entire tract'1n .the amount of $20',,,090. Oll. Page .540. Land Acquisition Mr. Charles C. Blaylock was present and presented a request that the City grant him a permanant easement on the west half of Irondale Street adjoining his properly for his use for parking facilities for his building, Mr. Blaylock plans to construct a building at the northwest corner of Irondale and Carrick Streets. The closing of Irondale Street was by Council action on June 5, 1972 which at this time Mr. Blaylock was granted site plan approval. After some discussion, a motion by Councilman McClung, a, second by Councilman Binford, all voting "aye", authorized to sell the property in the west half of Irondale Street to Charles Blaylock for 53~ per foot in accordance with the development standards for the PD-5 area, and the terms for payment be worked out by the City Manager. Appointment of Corporation Court Judge After some discussion, a motion by Councilman McClung, a second by Councilman Flaherty, all voting "aye", appointed Carl A. Skibell as the Corporation Court Judge for a term to expire November 1, 1973. ADJOURNMENT Upon a motion by Councilman McClung, a -second by Councilman Linn, all voting "aye", adjourned the City Council meeting of November 6, 1972 at 10:45 P.M. George G. (if im er, Mayor ri) a,4L - J. W. Wa , City Secretary Page 541.