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1972-02-07 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING February 7, 1972 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro-Tem W. R. Linn Councilmen: Ray Flaherty Bill McClung Al Korioth Bill Binford Members of the Administration present were: City Manager Paul M. West City Attorney George McDonald City Secretary J. W. Wade Manager of Staff Services Glenn Moore Fire Chief Bob Yager Park and Recreation Director John Burke Secretary Ruth Ann Parish Mayor Grimmer called the meeting of the City Council of February 7, 1972 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 Flaherty, approved the minutes as written of the City Council meeting of January 17, 1972. The motion carried with Councilmen McClung, Flaherty, Korioth and Binford voting "aye", and with Councilman Linn abstaining because of his absence from the meeting. SITE PLAN APPROVED FOR OAKBROOK ON BROOKHAVEN, SECOND PHASE. Mr. Jim Biddle of Oakbrook, Inc. requested the approval of the site plan for Phase II of the addition of Oakbrook on Brookhaven. Phase II will be located east of Webb Chapel and south of Oakbrook Parkway. The site plan was displayed. Mr. Biddle explained the concept of Phase I and Phase II. Phase I has been approved by the Council previously. The Planning and Zoning Commission's recommendation was discussed. Mayor Grimmer asked if anyone else was present to speak in favor or in opposition to the request. No one spoke. Page 380. After some discussion, a motion by Councilman Linn, a second by Council- man Flaherty, all voting "aye", approved the site plan for Phase II of Oakbrook on Brookhaven subject to the following conditions as recommended by the Planning and Zoning Commission: 1. That the Homeowner's Association's declaration of covenants, conditions and restrictions be approved by the City. 2. That the property be platted as outlined by the City's Subdivision Ordinance. 3. That streets, utilities, and storm sewers be built to City specifications and requirements. 4. Agreement that water mains and fire hydrants be maintained by the City. 5. Interior streets be constructed to City standards and minimum widths shall be dedicated as Fire Lanes to the City. 6. Minimum square footage of Thirteen hundred (1300) feet of living area in any living unit. 7. Townhouses shall conform to a building line setback of twenty (20) feet along Oakbrook Parkway and twenty-five (25) feet along Webb Chapel. PUBLIC HEARING - REQUEST FOR ZONE CHANGE FROM MF-2 to MF-4, ON A 16.5 ACRE TRACT OF LAND LOCATED SOUTH OF THE VALWOOD SHOPPING CENTER Mayor Grimmer opened the public hearing. Mayor Grimmer stated that Valwood-Crow, Limited has requested a zone change from MF-2 to MF-4 on a 16. 5 acre tract of land located south of the Valwood Shopping Center and running from the west right of way line of Dennis Lane to a line parallel to the east right of way line of Josey Lane. Mr. M. A. Ward, one of the owners of Valwood-Crow property, stated they were requesting that the density be increased on this tract of land to MF-4 but not requesting for high-rise apartments. He said they were not interested in anything over two stories. Mr. Ward stated that they have been unable to get financing with the MF-2 zoning but could do so with MF-4 zoning. Mr. Ward stated they have been told by mortgage companies that they would give financing on 24 units per acre with lower rents than what was originally projected on this project. Mr. Ward stated that one lender would go along with 22 units per acre. Page 381. Mr. Ward stated that they were seeking relief of the restriction of 16 units per acre. He stated that about the only type of financing that is available on 16 units per acre was F. H. A. financing and they allow the maximum of 18 units per acre. He stated they did not feel the property would be over built with 22 units per acre. Mr. Ward requested the Council to grant the zone change and limit the number of units per acre to what the Council feels is reasonably. Mr. Ward further requested that the original ordinance that passed the zoning of the property from retail to MF-2 be amended to where the heighth of the buildings be 21 feet, ordinance provides the heighth 19 feet, and, the restriction of the 8 foot masonry fence along Dennis Lane be removed. Mayor Grimmer asked if anyone else was in the audience to speak in favor of the request. No one spoke. Mayor Grimmer asked if anyone was in the audience to speak opposing the request. No one spoke. Councilman Linn made a motion to close the public hearing. Councilman Korioth seconded the motion and all voted "aye". Councilman Linn asked Mr. Ward if he was speaking or thinking of F. H. A. 236 Plan type apartments for this area. Mr. Ward stated they were not thinking of F. H. A. financing. Mr. Ward stated that with the present zoning, limiting 16 units per acre, the only type of financing they could get would be F. H. A. financing for 236 or D-4 or possibly 207. The past history of the zoning on the property was discussed. Mr. Ward stated again that they were not interested in getting F. H. A. financing. There was a discussion on the time when construction would begin if the request was granted. Councilman Korioth stated he felt it was time to arrive at a solution for the zoning on this property or quit. After some discussion, Councilman Linn made a motion to deny the request for zone change from MF-2 to MF-4 on the 16. 5 acre tract of land located south of the Valwood Shopping Center, as recommended by the Planning and Zoning Commission. Councilman McClung seconded the motion. The motion carried 4 to '1 with Councilmen Linn, McClung, Flaherty and Binford voting "aye" and with Councilman Korioth voting "nay". Councilman Korioth stated he opposed because he feels like the Council should make a greater effort to work out the problems on this land rather than the decision made by the Council. Page 382. PUBLIC HEARING - REQUEST FOR SPECIFIC USE PERMIT FOR AUTO LAUNDRY LOCATED 200 FEET NORTH OF VALLEY VIEW LANE ON JOSEY LANE. Mayor Grimmer opened the public hearing. Mr. J. C. Whitten of John C. Whitten and Associates, Inc. , owner and developer, made his request to the Council for a Specific Use Permit to allow an Auto Laundy to be constructed in an LR-2 zoning on Tract 4 of J. C. Whitten Subdivision on Josey Lane, 200 feet north of Valley View Lane. Mr. Whitten stated that Shell Oil Company is interested in leasing some 34, 225 sq. ft. (185' x 185') of land to install a Brush-Dryer auto laundry system. He stated they would also sell gasoline. Drawings were displayed of the proposal. Information concerning tax revenue estimates that would be beneficial to the city and the school district, if the request was granted, was given to the Council and was discussed. Mayor Grimmer asked if anyone else was present to speak in favor of the request. The following spoke: Mr. Ed Brown, 3212 Rolling Knoll Place, made statements in favor of the request. Mayor Grimmer asked if anyone was present to speak opposing the request. No one spoke. Councilman Linn made a motion to close the public hearing. Councilman Binford second the motion and all voted "aye". There was a discussion on the restriction that was placed on the property when zoned LR-2 on November 17, 1969. The restriction was that service stations will be prohibited on this property zoned LR-2 for a period of 50 ,years. Mr. Whitten stated they were unaware of this restriction when they purchased the property, for the restriction was never filed. There was a discussion on the definition of a service station. Mr. Whitten stated there would be no other services available other than washing and vacuuming cars and the selling of gasoline. He stated the property would be leased and not sold to Shell Oil Company and they would be in a position to police the lessors. There was a discussion on the City policing the auto laundry use if defined not a service station. Page 383. Mr. Whitten gave locations in Dallas of similar type operations. Mr. Basil Weaver asked if he could speak. Mayor Grimmer stated the hearing had been closed but could be reopened if the Council desired. Upon a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", reopened the public hearing. Mr. Basil Weaver, 2948 Primrose, spoke in favor of the request. Mr. Walt Keas, 13436 Onyx, spoke in favor of the request. Mr. Charles McKee, part owner of the property, stated the property would be restricted to just gasoline pumps and car wash. Mr. Fred Moore, 13659 Rawhide, stated he did not believe this to be classified as a service station. He spoke in favor of the request. A motion by Councilman Linn, a second by Councilman McClung, all voting "aye", closed the public hearing. The price of the gasoline was discussed. Councilman Linn stated that his interpretation of the selling of gas is a service station. He stated he felt that the people that appeared at the hearing in 1969 that were against service stations would be betrayed if the request was granted. Councilmen Korioth, McClung and Binford expressed their feelings that the facilities of the auto laundry should not be classified as a service station. The landscaping of the whole area was discussed. Mr. Whitten stated that a deed restriction would be filed restricting no service stations or other auto laundries to be located on this property for a period of 50 ,years. After further discussion, a motion by Councilman McClung, granted the request for a Specific Use Permit to allow an Auto Laundry to be located 200 feet north of Valley View Lane on Josey Lane, and that the sole business to be washing and vacuuming automobiles and the selling of gasoline. Councilman Korioth seconded the motion. The motion carried 4 to I with Councilmen McClung, Korioth, Flaherty and Binford voting "aye" and with Councilman Linn voting "nay". There was more discussion concerning the definition of a service station 4j as the term was used in the deed restriction. It was the consensus of opinion of the majority of the Council that they did not consider this type of operation to be included within the meaning of service station. Page 384. TEMPORARY BATCHING PLANT AUTHORIZED After some discussion, a motion by Councilman McClung, a second by Councilman Flaherty, all voting "aye", adopted a resolution authorizing Texas Bitulithic Company to erect and maintain a temporary batching plant and lime stabilization equipment on the northwest corner of Proton Road and Spring Valley Road. PRELIMINARY FUTURE PLANS FOR RECREATION BUILDING DISCUSSED. John Burke, Park and Recreation Director, gave a presentation for preliminary future plans for additional facilities for the recreation building. A drawing was displayed that included a new gym, additional all purpose rooms, handball courts, rifle and archery range, indoor track and a weight room. After some discussion, Councilman McClung made a motion to authorize the Administration to proceed with the preliminary plans. Councilman Binford seconded the motion. City Manager Paul West stated that the money for this addition to the recreation building would come from the bond fund that was voted in 1967. He stated that $300, 000. 00 would be available when bonds were sold this spring. After some discussion, Councilman McClung withdrew his motion. Councilman Binford withdrew his second to the motion. After some discussion, a motion was made by Councilman McClung, a second by Councilman Binford, all voting "aye", authorized the Administration to hire an architect and proceed with the project. BROOKHAVEN BUSINESS PARK DISCUSSED Mr. Bill Dillard and Mr. Dick Johnson, developers, gave an overall presentation for the development of Brookhaven Business Park. Brookhaven Business Park will be located the southside of Belt Line Road from Marsh Lane to Webbs Chapel Road. The plan calls for two primary uses and that is to be industry and retail. The development will consist of 124 acres. APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO MIDWAY ROAD. City Manager Paul West recommended that he be authorized to advertise for bids for the construction of Midway Road, from I. H. 635 north approx- imately 1200 feet to McEwen Road. He stated the project would consist of three lanes of eight inch concrete pavement in each direction with a fourteen foot median and related drainage structures. He stated the total estimated cost of Midway Road from I. H. 635 to McEwen Road is $161, 946. 00. The City will pay approximately $37, 502. 00 and the property owners will be assessed approximately $124,444. 00. Page 385. Councilman Linn made a motion to authorize the City Manager to advertise for bids for the construction of Midway Road, from I. H. 635 north approximately 1200 feet to McEwen Road. Councilman Korioth seconded the motion and all voted "aye". ELECTION CALLED FOR MAYOR AND THREE COUNCILMEN. After a statement by Councilman Linn and discussion of persons qualified for election judges, a motion by Councilman Linn, a second by Councilman Flaherty, all voted "aye", passed an order calling an election for Mayor and three Councilmen to be held on the 1st day of April, 1972; and Wayne Glenn, if willing to serve, to be the Presiding Election Judge and Pete Sherman, if willing to serve, to be the Alternate Presiding Judge. DEDICATION OF TWO FIFTEEN FOOT UTILITY EASEMENTS FROM BROOKHAVEN INDUSTRIAL PARK ACCEPTED. After some discussion, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", accepted the dedication of two fifteen foot Utility Easements from Brookhaven Industrial Park needed for the purpose of constructing and maintaining water, sewer, and storm sewer lines to serve the Brookhaven Industrial Park. DEDICATION FOR WATER LINE EASEMENT FOR BEST PRODUCTS ACCEPTED. After some discussion, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", accepted the dedication of a water line easement from Best Products on L. B. J. Freeway near Welch Road for the purpose of constructing and maintaining a water line for fire hydrants and fire protection. ORDINANCE 907 - SETTING 30 MPH SPEED LIMIT ON ALL STREETS WITHIN THE CITY LIMITS UNLESS DESIGNATED OTHERWISE. After some discussion, a motion by Councilman Binford, a second by Councilman Korioth, all voting "aye", adopted the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING THAT ALL STREETS WITHIN THE CITY LIMITS OF FARMERS BRANCH, TEXAS SHALL HAVE A MAXIMUM SPEED LIMIT OF THIRTY (30) MILES PER HOUR UNLESS DESIGNATED OTHERWISE BY THE CITY COUNCIL IN ANOTHER ORDINANCE; AUTHORIZING THE CONSTRUCTION OF SPEED LIMIT SIGNS; PROVIDING FOR A PENALTY OF A FINE NOT EXCEEDING TWO HUNDRED DOLLARS ($200. 00) FOR VIOLATION; AND DECLARING AN EMERGENCY. ORDINANCE NO. 908 - AMENDING PRESENT ORDINANCES CONCERNING WEED CONTROL REGULATIONS. Three ordinances were drawn up and given to the Council,so the Council could determine which one was best for the City, setting the weed control regulations. Fire Chief Bob Yager explained the ordinances. Page 386. Mr. Frank Recer, 14024 Stardust Lane, complained of high grass on the property next to his and recommended that the present ordinance should be changed. After some discussion, a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", adopted the following captioned ordinance which was revision number 3 that was presented to the Council: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTIONS 17-101 AND 17-104 OF THE CODE OF ORDINANCES, CITY OF FARMERS BRANCH, TEXAS, PROVIDING FOR THE DUTY TO REMOVE UNSIGHTLY MATTER AND PROVIDING FOR CITY AUTHORIZATION TO ABATE THE NUISANCE; AND DECLARING AN EMERGENCY. HUD AMENDATORY CONTRACT AND RESOLUTION After some discussion, a motion by Councilman Binford, a second by Councilman McClung, all voting "aye", authorized the amendatory HUD contract to be signed by the City Manager and adopted Resolution No. 72-003 in order to receive reimbursement of funds spent for open space and park projects. LEASE AGREEMENT FOR CABELL ELEMENTARY SCHOOL WITH DALLAS INDEPENDENT SCHOOL DISTRICT. After some discussion, a motion by Councilman Flaherty, a second by Councilman Korioth, all voting "aye", entered into a lease agreement, that is attached, for Cabell Elementary School with Dallas Independent School District. ITEM OF 'DISCUSS PERSONNEL MATTERS IN THE EXECUTIVE SESSION WAS CANCELLED. ADJOURNMENT. Upon a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", adjourned the City Council meeting of February 7, 1972 at 10:13 P.M.. Mayor Georg G. i.mmer City cretary J. W. Wade Page 387.