Loading...
1973-02-05 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING February 5, 1973 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro Tem W. R. Linn Councilmen: Ray Flaherty Bill McClung Ken Quevreaux Bill Binford Members of the Administration present were: City Manager Paul M. West City Attorney Doug McCallon City Secretary J. W . Wade Director cif Public Works Roy Patton Park and Recreation Director John Burke Police Chief Roger Robbins Fire Chief Bob Yager Manager of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of February 5, 1973 to order at 7:30 P.M.. Glenn Moore gave the invocation. APPROVAL OF MINUTES After consideration, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", approved the minutes of the City Council meeting of January 15, 1973 as submitted. PUBLIC HEARING - REQUEST FOR CHANGE OF ZONING BY SAFEWAY STORES, INCORPORATED. Mayor Grimmer opened the public hearing to consider a request of Safeway Stores, Incor- porated for a zoning change on a 5.59 acre tract of land located at the northwest corner of Valley View Lane and Webb Chapel Road from R-4 to LR-l. Attorney Louis Nichols, 1200 Republic National Bank Building, representing Safeway Stores, Incorporated, presented the zone change request. Mr. Nichols stated that the request for change of zoning from R-4 to LR-I on the 5.59 acre tract of land on the northwest corner of Valley View Lane and Webb Chapel Road is to permit the relocation of the present Safeway Store in the Farmers Branch Shopping Center at Josey Lane and Valley View Lane. He stated the present facilities are inadequate and there is not space to enlarge or improve the facilities to meet their competition of the two new grocery stores in that area. Page 570. Mr. Nichols stated that since the present Safeway store was constructed in the Farmers Branch Shopping Center, Safeway, Incorporated has adopted a policy of attempting to locate their stores either as free standing stores, separated from large shopping centers, or in what would be called neighborhood shopping areas. He said by means of neighborhood shopping areas, there is a small area for shopping where Safeway would be the major store and there would be some service stores that would work along with the Safeway store. Mr. Nichols stated that this is what is being pro- posed on this tract at this intersection. Mr. Nichols displayed renditions of the proposed building. He stated that the building would be an asset to the community and not detrimental to any of the surrounding property. He stated he feels this location would be a good location to serve the people. Mr. Nichols explained the decor of the building. He said there are plans for a screening wall along the north and west sides of the shopping center. He discussed the street plans for this area. Mr. Nichols stated that all loading for the Safeway store and the other shops would be at the rear of the building, which is to be screened from the residential area. Mr. Nichols discussed the height of the masonry screening wall with landscaping and trees in the area. He stated the wall was originally planned for 6' high but could be a different height if the Council so desired. Mr. Nichols stated that all trash would be kept inside the building in dumpsters. There would be no outside containers. Mr. Nichols requested the Council to grant the request and overrule the recommendation of the Planning and Zoning Commission. The Planning and Zoning Commission recommended the request be denied. Mayor Grimmer asked if there was anyone else 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: I . Mr. Jack Conif, 2991 Las Campanas, opposed the request for zone change. He made statements complaining of air pollution that would be caused by the proposed building. He asked that the zoning remain residential. He stated that he would like to see this property be made into a park. 2. Mr. Harold Novin, 13306 Cinco, opposed the request. He objected to the proposed traffic pattern from the shopping center onto Valley View Lane. He asked that the property remain residential zoning. Page 571. 3. Mr. Richard Harvey, 2911 Marsann, opposed the request. Mr. Harvey stated that a petition of 200 signatures had been presented to the city opposing the zone change request. He stated that they did not want a grocery store and the other shops in this area. 4. Mr. Bill Thomas, 13309 Belfield, stated that he opposed the request because of the trash problems that would be created, the traffic problems, and that the City of Farmers Branch has already adequate shopping facilities. 5. Mr. Jack Knight, 2912 Marsann, opposed the request. Mr. Knight asked that the streets be continued through this property as planned by the engineering staff of the city. 6. Mr. Jim Medlin, 13229 Glenside, opposed the rezoning request. He stated he was concerned about the traffic that would be created. He spoke in concern of the children that are in the area. He said Farmers Branch has enough grocery stores in the city. 7. Mr. Richard Nelson, 2968 Las Campanas, stated that Farmers Branch has adequate shopping center ,,and he opposed the request. He spoke in concern of the vacant store that would exist if Safeway moved. 8. Mr. Thomas Shotwell, 13243 Glenside Drive, stated that he objected to the trash, pollution and traffic that would be created by this proposed building. He asked not to grant the zoning request. 9. Mr. Tom Parker, 13311 Cinco, was opposed to any commercial zoning on this property. 10. Mr. Henry Vickers, 2982 Marsann, opposed the request. He spoke in concern of traffic problems that would exist and the depreciation of the property in in the area. He asked that Safeway clean up their present store and keep their prices down. II. Mr. Art Beach, 13317 Cinco, stated that Safeway did need a new store and suggested the location of the northwest corner of Josey Lane and Valley View Lane. He opposed the request. 12. Mr. Charlie Truman, 2986 Las Campanas, opposed the request. He suggested cleaning up the present store. 13. Mr. Jim Turner, 3553 Chellan Drive, opposed the request. 14. Mr. Bob Perkins, 13310 Winterhaven Drive, opposed the request. 15. Mr. William E. Morgan, 2831 Bay Meadow Circle, opposed the request. 16. Mr. Norman Smith, 3105 Valley View Lane, opposed to the request because of the additional traffic and noise that would be created. He lives directly across the street from the property in question. Page 572. 17. Mr. Basil Weaver, 2948 Primrose Lane, stated that he was appearing as a witness. He lives behind the Scaggs Albertson store. He stated that the objections concerning the traffic, the trash and the noise stated by the people were all true. He stated that these people should not be saddled with the inconvenience of a Safeway store in their area. 18. Mr. Herb Lee, 2970 Marsann, opposed the request. He spoke in concern of traffic problems that would be added to the intersection of Valley View Lane and Webb Chapel Road. 19. Mr. Thurmond Williamson, 13561 Braemar Drive, stated that the area is zoned properly and he opposed the request for rezoning. There was a roomful, by show of hands, in opposition to the request. Upon a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", closed the public hearing. Councilman Quevreaux made a motion to deny the request for zone change from R-4 to LR-I on the 5.59 acre tract of land located at the northwest corner of Valley View Lane and Webb Chapel Road. Councilman Flaherty seconded the motion. All voted "aye" There was a discussion of purchasing this property for a park. Mayor Grimmer told of proposed park area at Farmers Branch Creek when Valley View Lane is widened. Mr. Herb Lee, 2970 Marsann, complained of the drainage problem that is caused by the undeveloped property at Valley View Lane and Webb Chapel Road. REQUEST OF METROCOM SIGN COMPANY FOR AN AMENDMENT TO ZONING ORDINANCE CONCERNING SIGNS. City Manager Pau West stated that it was the understanding of the Administration that Metrocom Sign Company requested to be put on the agenda to consider an amendment to the Zoning Ordinance that would allow the erection of a sign for Gabberts on a vacant tract of property along the L.B.J. Freeway service road, just east of Mangurian's. The Gabberts'site and the proposed sign location are within a "Light Industrial" zone. The City's Zoning Ordinance prohibits advertising signs in all zones except "Heavy Industrial". The Zoning Ordinance defines an advertising sign as a "sign which promotes or advertises commodities or services not being offered on the premises on which the sign is located". The proposed sign falls within this definition and, therefore, would be pro- hibited from the "Light Industrial" zone. Mr. West stated that a letter had been received this afternoon (February 5, 1973) which appears to be a request to appeal an interpretation of a definition, rather than an amendment to the Zoning Ordinance. Mr. Mark Pistorius stated that he was an attorney for Gabberts and they take the position that the request for the sign should be granted under the definition of a general "business sign" rather than an advertising sign as defined in the City Ordinances. He stated that the sign is a locating sign. Page 573. Mr. Pistorius stated that the problem is, this location is not quite what you would consider the location for an advertising sign nor is it an accurate location for a general business sign. He said they take the position that their request for the sign lies between these two definitions. He stated that they need clarification on the interpretation of the existing ordinance, rather than to change it. Mayor Grimmer pointed out that the sign in question is not on the same property as the Gabberts store. He stated that under the appeal procedure, according to the Zoning Ordinance, appeals to the Board of Adjustment can be taken by any person agrieved, or by any officer, department, or board of the municipality affected by the decision of the building inspector. Mr. Pistorius stated that the sign is a locating sign and they feel it is a general "business sign". There was a discussion that this request should have been taken to the Board of Adjustment. City Attorney Doug McCallon stated the request for the sign was turned down in September and the Zoning Ordinance provides that appeals should be made within 15 days. Mr. Pistorius requested faster relief on this because the store is to open on the 12th of February. There was a discussion on the misunderstanding of the sign request and the procedure for the request. City Attorney Doug McCallon stated that it was his opinion that the request could be taken to the Board of the Adjustment since they are asking for the interpretation of what kind of a sign this is. Mr. Jim Webb, an associate of Mr. Pistorius, told of the filing of the application for the request of the sign. He stated that other people are in the same position for this type of sign in the same area. City Manager Paul West stated that the Administration would look into this to see if some amendment to the Zoning Ordinance could be made to allow some type of directional sign, if the Council desired. There was a discussion on the erection of a temporary sign. Mayor Grimmer told of Federal and State laws regulating signs on highways. The size of the sign requested would be 10' x 32' with a height of 50'. City Manager Paul West stated that there was a misunderstanding on the request., and suggested that Mr. Pistorius come to the city hall and talk with the Director of Public Works and the Building Official to see if something could be worked out while still complying with the city ordinances. Page 574. REQUEST TO THE BUILDING CODE BOARD OF APPEALS BY FEDERAL SIGN AND SIGNAL CORPORATION FOR A VARIANCE FROM SECTION 1-44 OF THE CODE OF ORDINANCES WHICH CONTROLS ALTERATIONS OF NON-CONFORMING SIGNS REVIEWED. REQUESTED FOR THE SIGN LOCATED AT 2875 JOSEY LANE. City Manager Pau West stated that the Building Code Board of Appeals denied the request for a variance from Section 3-44 of the Code of Ordinances made by Federal Sign and Signal Corporation for the remodeling of the sign of Central Bank and Trust Company located at 12875 Josey Lane. Mr. West stated that the Sign Ordinance provide& that any one turned down by this Board has the right to appeal to the Council for review, provided that it is done at the next regular meeting of the City Council. Federal Sign and Signal Corporation has been contracted to remodel the existing sign of the Central Bank and Trust Company. The sign is located in front of the established building line and is, therefore, a non-conforming sign. Section 3-44 of the Code of Ordinances states "non-conforming signs may continue to be used and repaired but not altered or moved unless they shall be made to conform to the Sign Ordinance". The sign is to be altered by placing a logo, approximately 5' x 5' in size, on top of the existing sign. Appeal was made to the Board on January 23, 1973 for a variance S"o they could alter the non-conforming sign. Mr. Dick Thomas, representing Central Bank and Trust Company, requested the Council to review the request made to the Building Code Board of Appeals concerning their sign. Mr. Thomas stated that he had been unaware that the pylon proposed on the top of their sign did not exist. He said he found out when he applied to get a permit to improve the existing sign and to put the Central Bank and Trust Company's logo on this pylon. Mr. Thomas stated that previous plans had been approved with the pylon on top. Mr. Thomas displayed a rendition of the requested sign improvements. A representative with Mr. Thomas spoke in behalf of the request. There was a discussion of other non-conforming signs. After more discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", granted the request by Federal Sign and Signal Corporation for a variance from Section 3-44 of the Code of Ordinances which controls alterations of non-conforming signs. CITY MANAGER REPORTS - PART A. Mr. John Burke, Director of Parks and Recreation Department, gave a slide presentation for ways of beautifying the concrete storage tanks on Valley View Lane at Templeton Trail . Mr. Roger Robbins, Chief of Police, gave a slide presentation on the 1972 activities of the Police Department. i Page 575. PROPOSED LEGISLATION DISCUSSED. City Manager Paul West stated that resolutions had been prepared for consideration on legislation that is being proposed that affects cities. a. House Bill #75 and Senate Bill 03, Red Light on Church Buses Mayor Grimmer explained the proposed legislation. This bill is a part of the proposed legislative program of the City of Dallas. It provides for additional safety for school age children as well as support our neighboring city in their program. After some discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", adopted Resolution No. 73-008 that favors the passage of House Bill No. 75 and Senate Bill No. 3. b. House Bill No. 161, Bail Bond Denial Mayor Grimmer explained the proposed legislation. This is also a part of the Dallas legislative program. It would prevent bail bonds being issued to persons already out on bond on previous offenses when they have committed an additional offense. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", adopted Resolution No. 73-009 that favors the passage of House Bill No. 161, Bail Bond Denial. c.House Bill No. 117, Honoring Arrest Warrants in Other Counties. Mayor Grimmer explained the proposed legislation. A part of the legislative program of the City of Dallas, it permits arrest warrants from our municipality or any other municipality or county to be honored in other counties. After some discussion, a motion by Councilman Binford, a second by Councilman Linn, all voting "aye", adopted Resolution No. 73-010 that favors the passage of House Bill No. 117, honoring arrest warrants in other counties. d. House Bill No. 71, Permitting Sales in Public Transportation Terminals on Sunday. Mayor Grimmer explained Resolution No. 73-011 that favors the passage of House Bill No. 71, permitting sales in public transportation terminals on Sunday. After some discussion on clarification needed as to what items are to be sold, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", tabled Council action on House Bill No. 71 for further information. e. House Bill No. 63, Expanding methods of Financing Environmental Programs Mayor Grimmer and City Manager Paul West explained the proposed legislation. This is one of the bills that has been introduced by the City of Dallas as part of their legislative program. Mr. West recommended that the Council oppose H. B. No. 63 because he feels it would endanger the tax free status of city's municipal bonds. After some discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", adopted Resolution No. 73-012 that opposes the passage of House Bill No. 63, expanding methods of financing environmental programs. Page 576. f. House Bill No. 125, Authority for Counties to Control Solid Waste Collection, Handling, Storage and Disposal. Mayor Grimmer stated that this bill gives counties the authority to control all solid waste collection, handling, storage and disposal within the counties and this includes those operations within cities. It is another one of those duties and obligations of the cities that some other agency is wanting to help out on by taking away the responsibility and authority of the city. After some discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", adopted Resolution No. 73-015 that opposes the passage of House Bill No. 125. g. House Bill No. 131, Sanitary Land Fill, Use by Other Governmental Agencies Mayor Grimmer read House Bill No. 131. This bill would prohibit a city from requireing any other city or political sub-division to cease operations of a land fill site within the said city's boundary. After some discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", adopted Resolution No. 73-016 that opposes the passage of House Bill No. 131 on the grounds that it interferes with the rights of self government and overrides local zoning ordinances. Councilman Flaherty gave a full report on his trip to Austin concerning legislation on firemen and policemen collective bargaining. Senate Concurrent Resolution No. 20 Discussed. City Manager Paul West stated that TML (Texas Municipal League) is pro- posing, as an alternative to any and all public labor legislation introduced in the 63rd Legislature, the enactment of Senate Concurrent Resolution No. 20. S. C. R. 20 would create an interim committee to examine the entire public labor relations field, formulate a comprehensive public labor relations policy that all affected parties can live with, and report its recommendations back to the Texas Legislature. The Board of Directors of TML firmly believes that this is the most constructive answer to the Texas public labor relations question. TML requests assistance in encour- aging legislators to support S. C. R. 20. There was a discussion about the City Council and the City Administration spending too much time on legislation rather than upon City business. After more discussion, Councilman Flaherty made a motion that a resolution be drafted and adopted in support of S. C. R. #20. (Resolution attached) Councilman Binford seconded the motion. The motion carried 3 to 2 with Councilmen Flaherty, Binford and McClung voting "aye" and with Councilmen Linn and Quevreaux voting "nay". ORDER PASSED CALLING THE APRIL 7TH CITY COUNCIL ELECTION After some consideration, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", ordered the April 7, 1973 City Election for Councilmen Place 1, 3 and 5; and naming Wayne Glenn as judge of the election, with Pete Sherman as alternate judge of the election. Page 577 1 RESOLUTION NO. 73-011 WHEREAS, Senate Bill No. 35 and House Bill No. 185 have been introduced and both propose to give firemen and police- men collective bargaining rights and provide for binding arbitration, and WHEREAS, Senate Bill No. 43 and House Bill No. 162 have been introduced and both propose to give firemen and police- men in Houston collective bargaining rights and provide for binding arbitration, and WHEREAS, it is anticipated that many more labor bills will be introduced to this session of the State Legislature, and WHEREAS, the City Council of the City of Farmers Branch is opposed to any legislation that puts the public policy decisions in the hands of independent third parties who are not responsible to the public, and WHEREAS, The City Council of the City of Farmers Branch is opposed to any legislation that gives preferential treatment to any specific group of municipal employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: a Section 1. That the City Council of the City of Farmers Branch is in favor of and urges the Texas Senate and Texas House to adopt Senate Concurrent Resolution Number 20 to provide for an interim study committee to propose legislation at the next regular session of the Texas Legislature. Section 2. That copies of this resolution be sent to all members of the Dallas County delegation. DULY ADOPTED by the City Council of the City of Farmers Branch, Texas, on the 5th day of February , 1973. APPROVED: / Mayor ATTEST: City cretary APPROVED AS TO FORM: City Attorney 90 DAYS EXTENSION TO WATER CONTRACT WITH THE CITY OF DALLAS AUTHORIZED. City Manager Paul West stated that the City's six months extension to the water contract with the City of Dallas has expired. Mr. West presented another contract extension received from the City of Dallas for consideration. The contract extension provides a 90 day extension under the same conditions as in the original contract. After some discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", authorized the City Manager to sign an agreement to extend the water contract for 90 days with the City of Dallas. CITY MANAGER REPORTS - PART B. Mr, Bob Yager, Fire Chief, gave a slide presentation on ambulance service provided by the city. CLASSIFICATION OF MASSAGE PARLOR USE WITHIN THE USE CHARTS OF THE CITY'S ZONING ORDINANCE. The Zoning Ordinance Use Charts do not specifically provide for a Massage Parlor use in any zoning district of the city. The procedure for placing an unclassified use in the Use Charts of the Zoning Ordinance requires a recom- mendation by the Planning and Zoning Commission and a resolution classifying the use by the City Council. At the meeting of January 22, 1973, the Planning and Zoning Commission recommended that Massage Parlor Uses be allowed with a Specific Use Permit in Commercial, Light Industrial and Heavy Industrial Zones and be prohibited in all other zones including Planned Develop- ment zones. A resolution was prepared for consideration that designates that Massage Parlors would be an allowable land use with a Specific Use Permit in Commercial, Light Industrial and Heavy Industrial Zones. And be prohibited from all other districts of the City including Planned Development Districts. The resolution would also prohibit Building Permits or Certificates of Occupancy being issued for any Massage Parlor until an amending ordinance could be passed. After some discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", adopted Resolution No. 73-013 as described above. ORDINANCE NO. 949-MAKING THE I. H. 35E SERVICE ROADS IN CITY ONE-WAY. City Manager Paul West stated that the Contractor for the Texas Highway Depart- ment has recently begun construction operations leading to the widening of I. H 35E. Frontage road alterations will be the first phase of the Contractors operation and is necessary that one-way traffic be required for this work to proceed. One-way signs have been installed by the Highway Department, but this require- ment cannot be legally enforced by our Police Department prior to the passage of an ordinance. After some discussion, a motion by Councilman Flaherty, a second by Council- man Binford, all voting "aye", adopted the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, RESTRICTING THE MOVEMENT OF VEHICULAR TRAFFIC TO THE DIRECTION INDICATED UPON THE FOLLOWING NAMED PORTIONS OF STREETS: NORTHERLY ON THE EAST FRONTAGE ROAD OF INTERSTATE HIGHWAY 35-E FROM THE SOUTH CITY LIMITS OF THE Page 578. CITY OF FARMERS BRANCH TO THE NORTH CITY LIMITS; AND SOUTHERLY ON THE WEST FRONTAGE ROAD OF INTERSTATE HIGHWAY 35-E FROM THE NORTH CITY LIMITS TO THE SOUTH CITY LIMITS OF THE CITY OF FARMERS BRANCH,; REQUIRING THE ERECTION OF APPROPRIATE SIGNS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS; AND DECLARING AN EMERGENCY. ORDINANCE NO. 950 AMENDING THE COMPREHENSIVE ZONING ORDINANCE TO PERMIT A ZONING CHANGE FROM "OFFICE" TO PD (IR-2) ON L. B.J. FREEWAY AND BEING LOT 2 BLOCK OF THE HOME SUBDIVISION. City Manager Pau West stated that on January 5, 1973, t the Council proved the Zoning change of Block I, Lot 2, of the Home Subdivision from "Office" to Planned Development area allowing Local Retail-2 Uses and establishing a Specific Use Permit for Red Lobster Inn Restaurant. The ordinance that has been presented for consideration would amend the Comprehensive Zoning Ordinance so as to change the zoning on Lot 2, Block I, of the Home Subdivision from "Office" to "Planned Development area allowing Local Retail Uses" and establishing a Specific Use Permit for Red Lobster Inn Restaurant. After some discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", adopted the following captioned ordinance: AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, SO AS TO CHANGE THE FOLLOWING DESCRIBED PROPERTY FROM "OFFICE" (O) CLASSIFICATION TO PLANNED DEVELOPMENT DISTRICT NUMBER SIXTEEN (PD-16) ALLOWING LOCAL RETAIL TWO USES (LR-2) WITH A SPECIFIC USE PERMIT TO ALLOW THE PROPERTY BEING DESCRIBED AS FOLLOWS: Being a 1.8 acre tract of land, said tract being Lot 2, Block I of the Home Subdivision, an Addition of the City of Farmers Branch, Texas, as recorded in Volume 69191-1565 of the Map Records of Dallas County; RESTRICTING SUCH PROPERTY TO THE USES PROVIDED FOR UNDER THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED 200.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. ORDINANCE NO. 951 AMENDING ARTICLE 3 OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH TO PROVIDE FOR TEMPORARY REAL ESTATE DIRECTIONAL SIGNS. City Manager Paul West gave the following information. On August 21, 1972, permission was granted to the Dallas Board of Realtors to erect temporary real estate "Open" signs within the right-of-ways of the City of Farmers Branch. Permission was granted for the signs to be erected from 9:15 A. M. until 1:30 P.M. on Wednesday of each week and for a trial period of 90 days. During this 90 day trial period, the realtors involved complied with the conditions for erecting the signs and there were no problems reported or complaints due to the erection of the temporary signs. After Page 579. evaluating the trail period, it is felt that the Code of Ordinances should be amended to allow the erection of temporary real estate signs for designated periods of time. The ordinance for consideration would amend the Code of Ordinances as follows: (1) Define a temporary real estate "Open" sign as a sign not exceeding three square feet in area on which appears only the word "open", the name of the Real Estate Company and a directional arrow; (2) would permit the erection of temporary, non-illuminated, "open" signs within the right-of-ways of the City; (3) the day that the signs may be erected would be specified by the Building Official; (4) signs should not be placed earlier than 9:00 A.M. and should be removed no later than 1:30 P.M. on the day erected; (5) only three signs would be permitted to be erected for each house being shown. After some discussion, a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", adopted the following captioned ordinance: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, BY AMENDING ARTICLE III, SIGNS, BY AMENDING SECTION 3-36, DEFINITIONS; BY AMENDING SECTION 3-38, EXCEPTIONS TO ARTICLE; TO DEFINE TEMPORARY REAL ESTATE OPEN SIGNS AND PROVIDE CONDITIONS FOR THEIR LOCATION; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED ( $200.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. CONTRACT AWARDED FOR MAGNETIC TYPEWRITER City Manager Pau West stated that 3 bids were received for a magnetic typewriter. Biders were asked to bid on both a single card or cassette and a dual card or cassette system. The dual system offers a larger variety of uses over the single system. It is the recommendation of the Administration to award the contract to Wang Laboratories, Inc. for the purchase of one Model Number 1220 Magnetic Typewriter system for the amount of $ 7,520.00. This is for a dual cassette system and is a budgeted item. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", awarded the contract for a magnetic typewriter to Wang Laboratories, Inc. in the amount of $7,520.00. CITY OF FARMERS BRANCH FLAG ADOPTED. Mr. Roc Mitchell, who designed the new city emblem, presented a rendition of a flag designed wit the city emblem to the city. After favorable comments, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", accepted the design for a flag for the City of Farmers Branch from Roc Mitchell. A motion by Councilman Linn, a second by Councilman McClung, instructed the City Manager to get an estimate on cost of painting the city emblem on the water tower just east of the Police Building. The motion carried 4 to I, with Councilmen McClung, Linn, Quevreaux and Binford voting "aye", and with Councilman Flaherty voting "nay". Page 580. CITY MANAGER AUTHORIZED TO SIGN A LEASE AGREEMENT WITH BRANCH PROPERTIES, INC. City Manager Paul West stated that the city has the opportunity of leasing 22 acres of property from the Branch Properties, Inc. This tract of land is located adjacent to the Humble service station on the southwest corner of Valley View Lane and I. H. 35E. This property could be used for baseball practice fields. It is the recommendation of the Administration that the City Manager be authorized to sign a lease agreement with Branch Properties, Inc. for the 22 acres of property. There was a discussion concerning plans for additional soccer fields. There was a discussion on the size of baseball practice fields that would be provided. Councilman Flaherty requested information concerning soccer fields, if and where they will be provided. After more discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", authorized the City Manager to sign a lease agreement with Branch Properties, Inc. for property to be used as practice fields. REQUEST FOR CITY COUNCIL MEMBERS TO SERVE ON THE REGIONAL ADVISORY COMMITTEE FOR THE NORTH CENTRAL TEXAS STATE PLANNING REGION. The Council received material from Governor Smith requesting City Council members to serve on the Regional Advisory Committee for the North Central Texas State Planning Region. This was put on the agenda to see whether or not the members of the City Council wish to serve on this committee. There was a discussion concerning the duties of this committee. The Council expressed a desire to find out the usefulness and effectiveness of this committee. ADJOURNMENT. Upon a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", adjourned the City Council meeting of February 5, 1973 at 10:40 P.M. . Ma or eorge G Grimmer , 04 City retary J. W. Wade Page 581.