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1974-06-17 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING June 17, 1974 Members of the City Council present were: Mayor Pro Tem W. R. Linn Councilmen: Ray Flaherty Bill McClung Ken Quevreaux Bill Binford Member of the City Council absent was: Mayor George G. Grimmer The Council recognized and excused the absence of Mayor Grimmer. The absence was due to Mayor Grimmer being out of town on business. Members of the City Administration present were: City Manager Paul M. West City Attorney Doug McCallon City Secretary J. W. Rade Secretary Ruth Ann Parish Mayor Pro Tem Linn called the City Council meeting of June 17, 1974 to order at 7:30 P.M.. AGENDA ITEM NO. 1. -INVOCATION Councilman Flaherty gave the invocation. AGENDA ITEM NO. 2. -APPROVAL OF MINUTES - JUNE 3, 1974. After some consideration, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", approved the minutes of the City Council meeting of June 3, 1974, as submitted. AGENDA ITEM NO. 3. -CONSIDER PROCLAIMING THE WEEK OF JUNE 23 AS BURGLARY PREVENTION WEEK. Mayor Pro Tem Linn proclaimed the week of June 23 - June 29, 1974, as Burglary Prevention Week in Farmers Branch. AGENDA ITEM NO. 4. -PRESENTATION OF SERVICE AWARDS Mayor Pro Tem Linn presented 10 year service awards for their employment with the city to the following: J. W. Wade of the Finance Department, Captain Robert Kitchens of the Police Depart- Page 886. ment, Lieutenant Sidney C. Shahan of the Police Department, and Sergeant C. E. Stone of the Police Department. Mayor Pro Tem Linn presented 5 year service awards for their employment with the city to officer Dennis Hazelwood of the Police Department and to John Burke of the Parks and Recreation Department. AGENDA ITEM NO. 5. -PRESENTATION OF INVITATION BY THE FARMERS BRANCH JAYCEES TO THE CITY COUNCIL. PRESENTED BY TOM PRINCE. There was not a representative present from the Farmers Branch Jaycees to make the presentation. AGENDA ITEM NO. 6. -CONSIDER REQUEST FOR CIVIC AND PHILANTHROPIC USE TO PLACE A CONCESSION STAND AND FUND RAISING EVENTS AT COX PARK. REQUESTED BY DIANE ROYER REPRESENTING THE FARMERS BRANCH- CARROLLTON GIRLS SOFTBALL ASSOCIATION. INFORMATION: The Farmers Branch-Carrollton Girls Softball Association requests permission from the City Council to hold a fund raising event at Cox Park. The Association would like to place a concession stand just east of the play pad, a cake walk at the south end of the park, and a dunking booth just west of the play pad. These events would begin at 12:00 noon June 23, 1974 and end at 9:00 P.M. June 23, 1974. Mayor Pro Tem Linn stated that it was the recommendation of the Administration that the request be approved and the concession stand be allowed provided that the stand meets all of the requirements of the electrical, building, and health codes. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", adopted Resolution No. 74-024 which allows a concession stand and fund raising events at Cox Park as requested by the Farmers Branch-Carrollton Girls Softball Associ- ation. AGENDA ITEM NO. 7. - PUBLIC HEARING: CONSIDER REQUEST FOR SPECIFIC USE PERMIT TO BE ISSUED FOR PRIMARY AND SECONDARY PRIVATE SCHOOL IN AN R-4 ZONE ON THE FOLLOWING TRACT : AN APPROXIMATE 21.72 ACRE TRACT OF LAND LOCATED ON FORD ROAD. REQUESTED BY DALLAS CHRISTIAN COLLEGE. Mayor Pro Tem Linn opened the public hearing to consider the request for a Specific Use Permit by Dallas Christian College as stated in the above caption. Dr. Melvin Newland, President of Dallas Christian College, presented the request for the Specific Use Permit to allow a primary and secondary private school on the property of the Dallas Christian College. Dr. Newland showed several overlays of studies that have been made in the area as far as traffic counts, building locations, projected and enrollment figures, and the goal for the Heritage Christian Academy. Mr. Newland stated that the Dallas Christian College has been approached by over 100 families to consider the Page 887. establishment of a quality Christian school on its campus. He stated that 46% of the student applications are from the City of Farmers Branch, 16% are from the Carrollton-Addison area, and 38% are from the adjacent area in Dallas. Mr. Newland stated they propose to have all 12 grades in the same building on the campus. The school will be called Heritage Christian Academy and will be in a three story building which is now under construction and to be completed within the next 30 days. Mr. Newland stated that they have tried to take care of the problems that have been mentioned by the surrounding home owners and have fixed the fence that was down,(3 times), since the last meeting with the Planning and Zoning Commission. He stated that pyracantha plants had been bought and planted along the fence row; and two hundred trees and bushes have been planted for attractiveness. He stated that the Dallas Christian College has absolutely no desire for Reedcroft and Meadowport streets to be opened through the campus. He stated that they consider the College property to be a buffer zone between that office area and light industrial area from the residential area. Mr. Newland stated that they were happy and could live with the conditions that the Planning and Zoning Commission placed on their recommendation for approval of their request. Mayor Pro Tem. Linn requested a show of hands of persons that were in favor of the request. A large number of hands were raised. Mayor Pro Tem Linn asked for a show of hands opposing the request. Approximately 12 hands were raised. He asked if there was a spokes- man for the group. The following spoke: 1. Mr. Dale Holmes, 2756 Bay Meadows Court, read a petition in behalf of the citizens of Farmington Park opposing the proposal for a primary and secondary school. The petition stated the concern for the attractiveness and the quiet neighborhood of Farmington Park if the request was approved. The petition mentioned the past plans that were for the College property that have not been carried through. There was also concern of the deed restrictions that were placed on the 12 acres that was a gift to the College limiting it to a four year college. The petition stated that the other considerations involving the other citizens of Farmers Branch were traffic problems, and added taxes to the citizens. Mr. Holmes stated that 25 out of the 29 property owners closest to the subject property signed and submitted the petition in opposition to the Planning and Zoning Commission. He stated it was in their opinion that there has not been a need established for this 12 grade school in Farmers Branch worthy of the added inconvenience. Page 888. 2. Mr. Julius Hardy, 2731 Bay Meadows Circle, presented a petition with 22 signatures of the 29 persons living within the 200 ft. of the subject property protesting the Specific Use Permit request. Mr. Hardy read the petition which opposed the request because in their opinion there were several zoning regulations that will be in violation, and deed restrictions that are involved in approxi- mately 60/ of the campus of the Dallas Christian College which specifies this ground to be used for college purpose. 3. Mrs. Karen Hopkins, 2748 Bay Meadows Court, stated that they live the closest to the college and oppose the request because they want to keep the quiet and beautiful neighborhood area as it is now. Mayor Pro Tem Linn asked if there was anyone in the audience that wished to speak in favor of the request. The following spoke: 1. Mr. N. R. Wade, 2724 Bay Meadows Circle, spoke in favor of the request. 2. Mr. C. C. Crawford, 14240 Queens Chapel Road, stated he was a faculty member of the college and was in favor of the request for the Heritage Christian Academy. He stated that he was interested in the interest of the children and not the value of the property. He told of the need for Christian school education. He read an article out of Parade Magazine concerning education. He spoke in concern of the moral problems that are in the public schools. A motion by Councilman Quevreaux, a second by Councilman McClung, all voting "aye", closed the public hearing. Mayor Pro Tem Linn stated that the Planning and Zoning Commission recommends that the request for a Specific Use Permit to operate a private primary and secondary school in an R-4 zone be granted with the following conditions: 1. Withdrawal of the present site plan. 2. Refiling of a new site plan with notice to adjacent property owners, when site plan is resubmitted. 3. Such site plan to be presented within 90 days, from this date. 4. The permanent closing of streets to the east of the property with any violation of this clause, revolking the Specific Use Permit. 5. The playground being located to the southwest side of the property. 6. The establishment of a buffer zone along the east property line. 7. Permanent fencing to be constructed, maintained, and repaired. 8. Conditions of the Specific Use Permit be reviewed at three-year intervals. Page 889. Mayor Pro Tem Linn stated that due to over 20/ of the property owners within the 200 feet objecting to the request, a 3/4 vote is required by the Council to grant the Specific Use Permit. There was discussion among the Council members concerning the deed restrictions that had been placed on a portion of the property. There was discussion among the Council members and the City Manager, Mr. West, concerning the violations of the City Ordinances as mentioned in the petition presented by Mr. Hardy. Councilman Quevreaux stated that he did not understand the allega- tions of the violations mentioned in the petition, and he moved to postpone the decision by the Council. The motion died for the lack of a second. After more discussion, a motion by Councilman Flaherty, a second by Councilman McClung, adopted the following captioned ordinance No. 1011 with the conditions as recommended by the Planning and Zoning Commission which are listed on Page 889 of these minutes. Councilman Quevreaux requested to change the word "Withdrawl" to "Amend" in the No. 1 condition. Councilman McClung agreed. Councilman Flaherty agreed. The motion carried with all voting "aye". AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED: BY GRANTING TO DALLAS CHRISTIAN COLLEGE A SPECIFIC USE PERMIT FOR THE OPERATION OF A PRIVATE PRIMARY AND SECONDARY SCHOOL IN AN R-4 ZONING DISTRICT, SAID PRIVATE PRIMARY AND SECONDARY SCHOOL TO BE LOCATED ON A 21-72 ACRE TRACT OF LAND LOCATED EAST OF FORD ROAD AND SOUTH OF FARMERS BRANCH CREEK; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 8. -DISCUSS FLOODWAY EASEMENT EAST OF SHOREDALE AND NORTH OF HOLLANDALE. REQUESTED BY ELDON L. FROST, 14420 SHOREDALE. Mr. Eldon L. Frost, 14420 Shoredale, requested correction to the flood- way easement behind his home. He stated that the ditch was not straight and was beginning to wash in some places. He suggested that the city straighten and clean it out and take care of it like any other easement. Mr. Earl Stutzman, 14410 Shoredale, stated that since the new Shopping Center in Carrollton had been built and the new storm sewers on Milam Way in Carrollton were constructed there will be more water coming down the creek which will cause more problems. He stated that the washing away of the dirt was causing him to loose the bank close to his house. Page 890. 1 There was some discussion of the City Administration studying this situation. After more discussion a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", instructed the City Manager to investigate the situation and report back to the Council with a recommendation. There was discussion that the home owners would be notified as to the date the Council would consider the recommendation of the City Administration. AGENDA ITEM NO. 9. -CONSIDER ACCEPTANCE OF STORM SEWER EASEMENT FROM TEXAS BITULITHIC FOR VALLEY VIEW NO. 6. City Manager Paul West explained in the planning of Valley View No. 6, it is necessary to provide a storm sewer system for the street. Mr. West presented a storm sewer easement from the Texas Bitulithic for consideration of acceptance. This storm sewer easement from Texas Bitulithic is to handle the storm sewer water in Farmers Branch Creek. After some discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", accepted the storm sewer easement from Texas Bitulithic for Valley View No. 6. AGENDA ITEM NO. 10. -CONSIDER AUTHORIZING ADDITION TO PURCHASE ORDER FOR GARBAGE SACKS. City Manager Paul West gave the following information. The sale of garbage sacks had increased 40,000 during the fiscal year 1971-1972. 85,000 were sold during the fiscal year 1972-73. 53,500 have been sold the first 6 months of the current fiscal year. The City has on hand or on order enough sacks to deliver to the customers through September 1975. The City will have approximately 58,000 remaining to sell once these deliveries are made. At the present rate of sales the City will have a 6 month supply. The sales of sacks have not been confined to Farmers Branch citizens as they have been sold to people who live in other cities in the area. Mr. West stated that it was the recommendation of the Administration that the Council amend the present contract for an additional 300,000 sacks. These will be purchased at a cost of $34,950.00 and sold for $45,000.00. This will assure the City of needed sacks until we order for April, 1976 delivery. The additional sacks will cost $11.65 per 100 instead of $11.02 per 100. There was discussion on whether or not the city was making a profit on the sale of the sacks. Page 891. Mr. Dale Holmes of the audience suggested that the City might have a certain charge for citizens of Farmers Branch and a certain charge for people living outside the City. City Manager Paul West stated that this suggestion would be investigated. After some discussion, a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", authorized to add 300,000 sacks to the present contract with St. Regis Paper Company. AGENDA ITEM NO. 11. -CITY MANGER REPORTS. City Manager Paul West gave a report on the various projects and happenings of the various departments in the City. MAYOR PRO TEM LINN ASKED IF THERE WAS ANYONE IN THE AUDIENCE THAT WOULD LIKE TO ADDRESS THE COUNCIL. THE FOLLOWING SPOKE: Mr. Doug McNeill, 2890 Meadow Port, inquired about spraying for mesquitoes. City Manager Paul West stated that the truck had been broken down but was now repaired and should be out spraying at this time. Councilman Binford stated that he would like the Council to excuse him from the first meeting in July for he will be out of town. Councilman Quevreaux spoke in concern of the information that was received by the Council concerning an election to get the City's own post office. City Manager Paul West stated that he would check into this. AGENDA ITEM NO. 12. -ADJOURNMENT. A motion by Councilman McClung, a second by Councilman Binford, all voting "aye", adjourned the City Council meeting of June 17, 1974 at 10:05 P.M.. Mayo Ge rge immer City ecretary J. W. Wade Page 892.