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1974-07-29 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING July 29, 1974 All members of the City Council present were: Mayor Mayor Pro Tem Councilmen: George Grimmer W. R. Linn Ray Flaherty Bill McClung Bill Binford Ken Quevreaux Members of the City Administration present were: City Manager City Attorney City Secretary Director of Staff Services City Engineer Building Official Secretary Paul M. West Doug McCallon J. W. Wade Glenn Moore Al Peck Tom Scales Ruth Ann Parish Mayor Grimmer called the City Council meeting of July 29, 1974 to order at 7:30 P.M.. AGENDA ITEM NO. 1. - INVOCATION. J. W. Wade gave the invocation. EMERGENCY ITEM DECLARED. A motion by Councilman Linn, a second by Councilman McClung, all voting "aye", declared an emergency and placed on the agenda as Item No. 3 b. - CONSIDER AWARDING ACHIEVEMENT AWARDS TO MEMBERS OF A GIRLS SOFTBALL TEAM FROM ASSOCIATED SPORTS. AGENDA ITEM NO. 2. - APPROVAL OF MINUTES - JULY 1, 1974. A motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", accepted the minutes as submitted of the City Council meeting of July 1, 1974. AGENDA ITEM NO. 3. a - PRESENTATION OF SERVICE AWARD. Mayor Grimmer presented a 5 year service award to Domingo Romero of the Sanitation Division for his employment with the City. AGENDA ITEM NO. 3. b - CONSIDER AWARDING ACHIEVEMENT AWARDS TO MEMBERS OF A GIRLS SOFTBALL TEAM FROM ASSOCIATED SPORTS. Mayor Grimmer presented a certificate of Achievement award to the players and coaches of the Denton Drive Lumber Company, "Yellow Jackets", representing Farmers Branch at the State Texas Amateur Association Tournament in Killeen, Texas, July 26 through 28. Page 898. AGENDA ITEM NO. 4. - PRESENTATION BY THE FARMERS BRANCH- CARROLLTON ART ASSOCIATION BY MRS. GLENNA GRIMMER. Mrs. Glenna Grimmer, past president, with Mrs. Mary Ratliff, president, of the Farmers Branch-Carrollton Art Association, presented to the City of Farmers Branch a check in the amount of $300.00 to be used for wall coverings when the present library is converted into a community building. AGENDA ITEM NO. 5. - CONSIDER REQUEST OF FARMERS BRANCH BICENTENNIAL COMMISSION TO APPROVE PROJECTS AND RECEIVE DESIGNATION AS A BICENTENNIAL COMMUNITY. Mr. Ray Thacker, Chairman of the Farmers Branch Bicentennial Commission, stated that in order to receive recognition as a Bicentennial community the City Council must approve the application and pass a resolution requesting recognition from the State of Texas. He stated that the application and resolution have been presented to the City Council for consideration. A motion by Councilman Quevreaux, a second by Councilman Flaherty, all voting "aye", passed a resolution that applies for recognition as a Bicentennial community. AGENDA ITEM NO. 6. - CONSIDER RECOMMENDATION OF THE TASK FORCE COMMITTEE FOR THE USE OF THE OLD LIBRARY BUILDING. Mayor Grimmer stated that the Task Force Committee composed of Chairman George Grimmer, Artie Carver, Pat Brown, Jerry Singleton, Paul West, Tom Prince, John Burke, and Frank La Rue, have meet and made a recom- mendation for the use of the existing library building once it has been vacated. The proposed purposes are: (1) As a meeting room for Farmers Branch Civic organizations; (2) As a Farmers Branch historical museum; and, (3) As an exhibition bass for arts and crafts. He stated that it was felt that all three uses would be compatiable with each other in the same building. He stated that all meeting rooms are to be used only by adults, and civic groups of Farmers Branch. A motion by Councilman Flaherty, a second by Councilman McClung, all voting "aye", accepted the recommendation of the Task Force Committee as explained by Mayor Grimmer. AGENDA ITEM NO. 7. - PUBLIC HEARING: - REBUILDING AND WIDENING OF PORTION OF VALLEY VIEW LANE IN AN ASSESSMENT PROGRAM. Mayor Grimmer opened the public hearing for consideration of the assess- ments of the abutting property owners on the Valley View Lane paving project between Webb Chapel Road and Templeton Trail. City Engineer Al Peck gave the Boundries and described the type of improvements for this project. Appraiser Charles Marr gave his qualification as a qualified land appraiser in Dallas County and the City of Farmers Branch. He stated that after investigating each piece of property and tract which abuts the right of way of the Valley View paving project, in his opinion will be enhanced and benefited by the improvements by the amount of the assessment which is in accordance with Section 23-3 and 23-4 of the Page 899 Code of Ordinances of the City of Farmers Branch. He also stated that it was in his opinion that the present assessment plan equalized and balanced benefits of improvements and burdens of the assessment among all the property owners. Mayor Grimmer opened the public hearing to the general public. The following spoke: 1. Robert F. Wood, 3184 Brookhollow, requested that the assessments against his property be withdrawn. He stated that his property was not involved because the City bought two pieces of property along Valley View which adjoins his property. He stated that his property line is 63 feet from the proposed assessment. He stated that this would not increase the value of his home. 2. Mike McManus, an attorney representing the land of YMCA, made statements opposing the assessment to the YMCA's property. He stated that a portion of the property assessed belonged to Mrs. Ava Johnston. Mr. McManus introduced W. Dalas Addision, a Dallas MAI and a SIRA. Mr. Addision spoke in concern of the 266 feet that is on the corner and used by the YMCA for the day school which belongs to Mrs. Johnston. He stated that it was his opinion that the property would not be en- hanced in the amount of the assessed value that had been placed on the property. Mr. McManus introduced Mr. Charles Bo Miller, a realtor of Bolanz and Miller realtors in Dallas. Mr. Miller requested relief of the entire assessment on this property because of traffic, noise, and depreciation on the property because of being on a thoroughfare. He stated that he sees no benefit to the property value improvements to the street. Mr. McManus submitted a copy of the deed the YMCA has on their pro- perty and read the deversion clause. He stated that the YMCA could not realized the gain of the improvements and requested serious con- sideration. 3. Harvey L. Stahl, 3455 Bevann, spoke in opposition of the assessment. He stated that one half of his lot is being assessed for this project and was concerned about being assessed on the other half if Valley View Lane was ever improved to the east to Marsh Lane. He spoke in concern of the project plans for the intersection of Templeton Trail and Valley View Lane. He stated that the houses along Bevann backing up to Valley View have a one car alley entrance to the rear of their houses and when the project is completed the alley will be in line with the east bound lane of traffic. He stated that it did not en- hance the value of his house and he failed to see where it would benefit his property. He spoke in concern of the unsafe conditions for his children. 4. Mrs. Harvey L.Stahl, 3455 Bevann, stated that over 214 children of the Johnson area would be crossing the intersection of Valley View and Templeton Trail when school starts going to school and she was concerned about their safety. Page 900 5. John K. Coil, 3149 Valley View, stated he was an attorney and requested to take the assessment off of his property. He stated it did not enhance his property, he did not want the street and it was an unsafe condition for his children. Mr. Coil complained about the sand in the air over his property. 6. W. S. Greer, 3125 Valley View Lane, opposed the assessment on his property. He spoke in concern of the speeders on Valley View. 7. Gary Jennings, 3159 Valley View, opposed the assessment on his property. He feels that his property has not been enhanced and the assessment should be reduced. He stated it would be unsafe for his children to be in his front yard. 8. Glen Schane, 3135 Valley View Lane, opposed the assessment on his property. He stated he felt it had not been enhanced, and spoke in concern with the speeders on Valley View Lane. 9. W. W. Renolds, 3145 Valley View Lane, opposed the assessment on his property. He stated it would not enhance his property and was concerned about added traffic and speeders on Valley View Lane. 10. Mrs. W. W. Renolds, 3145 Valley View Lane, questioned that since it was a major thoroughfare and would be well traveled why should the property along Valley View bare a portion of the cost on this project. She spoke in concern of her children and the street going to be right in her front yard. 11. Robert H. Quinn, 3433 Bevann, opposed the assessment to his property. He stated that the improvements would be to the City and that all the City should pay. He spoke in concern with the children playing in the alley which will be unsafe. He stated that his pro- perty would not be enhanced. 12. Mrs. D. Wempy, 3119 Valley View, opposed the assessment on her property. She stated that she did not think it was fair because they are being assessed the same as their neighbors and have already had work done in front of their house. She stated that they cannot afford the amount that is assessed. 13. Byran Ray Ostrom, 3423 Bevann, opposed the assessment to his property. He spoke in concern of the plans for the intersection of Valley View Lane and Templeton Trail that would be in line with the alley behind their house. 14. Mrs. Roy Brock, 3442 Bevann, opposed the assessment to their property. She spoke in concern of the intersection of Valley View Lane and Templeton Trail and the concern for the children that play in the alley. 15. Mrs. Pat Hamlin, of Red Carpet Sales, representing W. L. Alexander, 3155 Valley View Lane, opposed the assessment placed on the property at 3155 Valley View. She stated that she handled the lease for this property and it was her opinion that the property will not been enhanced. Page 901 16. Allen D. Bray, 3165 Valley View Lane, opposed the assessment and opposed the widening of Valley View Lane. 17. Mrs. Allen Bray, 3165 Valley View Lane, opposed the assessment on their property. She told of accidents along Valley View Lane and of the unsafe conditions that would exist for the school children when the street is improved. 18. Earl McCollum, 3415 Bevann, opposed the assessment on his pro- perty. He asked consideration of the safety factor and spoke in concern of the alley entrance being in line with the proposed street. 19. Andrew Bulino, Jr., 3411 Bevann, opposed the assessment to his property. He spoke in concern of the plans for the intersection of Templeton Trail and Valley View Lane. After some discussion, a motion by Councilman Binford, a second by Councilman Linn, all voting "aye", closed the public hearing. There was discussion among the Council members as to wether the pro- perty being assessed had been enhanced or not, and concerning the plans for the intersection of Valley View Lane and Templeton Trail. After more discussion on specific pieces of property, Councilman McClung made the motion to assess each individual household for $1.00 because it is felt that the property would not be enhanced by the paving project. Councilman Quevreaux seconded the motion. After more discussion, Councilman Quevreaux withdrew his second to the motion, Councilman McClung withdrew his motion. Councilman McClung made the motion that the property owners not be assessed for the improvements to the Valley View Lane project because it does not enhanced the property. Councilman Quevreaux seconded the motion. The motion carried 4 to 1, with Councilman McClung, Quevreaux, Linn, and Flaherty voting "aye", and with Councilman Binford voting "nay". AGENDA ITEM NO. 8. - PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 1004 ESTABLISHING PROCEEDURES FOR THE ABATEMENT OF DANGEROUS BUILDINGS. Mayor Grimmer opened the public hearing to consider the proposed Ordinance 1004. Mr. Tom Scales, City Building Official, stated that the 1973 Edition of the Uniform Building Code that was recently adopted does not in its self specifically define a dangerous building or establish a proceedure for abating a dangerous or unsafe building. The 1973 Code refers to the Uniform Code for the abatement of dangerous buildings (which is separate and not a part of the 1973 Edition of the Uniform Building Code) or to other proceedures provided by law for the abatement of dangerous buildings. Mr. Scales explained the proposed Ordinance No. 1004 will establish a definite proceedure for abating unsafe and dangerous buildings and will do the following: (1) Specifically define dangerous buildings (this has not been done by the nuisance ordinance or Ordinance No. 962); (2) establishes a Page 902 procedure for abating dangerous buildings; (3) established a dangerous Building Board of Appeals; and (4) establishes a penalty or fine for violation of Ordinance No. 1004. Slides were shown of various dangerous conditions of buildings in the City. Mayor Grimmer opened the public hearing to the general public. The following spoke: 1. Bill Marcom, 12235 Brisbane, spoke in favor of the proposed ordinance. 2. Alvin Thomas, 2668 Leta Mae, spoke in favor of the proposed ordinance. 3. Tom Prince, 13445 Mt. Castle, spoke in concern of residential property in the older part of Farmers Branch. 4. Ray Thacker, 14527 Tanglewood, spoke in favor of the proposed ordinance. After some discussion Councilman Linn made a motion to close the public hearing, Councilman Quevreaux seconded the motion with all voting "aye". There was a discussion among the Council members about the Council being made the appellant board. After some discussion on making corrections and amendments to the proposed ordinance, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", postponed the adoption of Ordinance 1004 until the first meeting in August. AGENDA ITEM NO. 9. - CONSIDER ADOPTING ORDINANCE NO. 1016 AMENDING THE COMPREHENSIVE ZONING ORDINANCE SO AS TO CHANGE THE ZONING ON A 200 FOOT STRIP OF PROPERTY SOUTH OF VALWOOD SHOPPING CENTER, ON THE EAST SIDE OF JOSEY LANE FROM PD-3 LR-1 TO PD-3 LR-2 . Ordinance No. 1016 amends the comprehensive zoning ordinance so as to change the zoning on a 200 foot strip of property south of Valwood Shopping Center, on the east side of Josey Lane from PD-3 (LR-1) to PD-3 (LR-2). Mr. M. A. Ward, representing the owners of the property of Valwood Ltd., explained that the zoning on the property of a 200 ft. strip of land on the east of Josey Lane, from Dennis Rd. to Valwood Shopping Center, was granted with the condition that certain deed restrictions be placed on the property. Mr. Ward stated that the owners of the property have complied with the conditions of the zone change and recorded the required deed restrictions with the county. He requested that Ordinance 1016 be adopted amending the comprehensive zoning ordinance. Ater some discussion, a motion by Councilman Linn, a second by Council- man Binford, all voting "aye", adopted the following captioned Ordinance No. 1016: Page 903 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING FROM PLANNED DEVELOPMENT DISTRICT NO. 3 ALLOWING LR-1 USES TO PLANNED DEVELOPMENT NO. 3 ALLOWING LR-2 USES, SAID AREA BEING DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT A POINT ON THE NORTHEAST LINE OF JOSEY LANE, (A 100' R.O.W.), SAID POINT BEING NORTH 50 DEGREES 00 MINUTES WEST, A DISTANCE OF 130.00 FEET FROM THE NORTHWEST LINE OF DENNIS ROAD (AN 80' R.O.W.), A POINT FOR CORNER; THENCE, NORTH 50 DEGREES 00 MINUTES WEST, ALONG SAID JOSEY LANE NORTHEAST LINE, A DISTANCE OF 470.00 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 46 DEGREES 20 MINUTES AND A RADIUS OF 700.58 FEET AND A TANGENT OF 299.79 FEET, A POINT FOR CORNER; THENCE, ALONG SAID CURVE A DISTANCE OF 566.57 FEET TO THE END OF SAID CURVE, A POINT FOR CORNER; THENCE, NORTH 86 DEGREES 20 MINUTES EAST, LEAVING THE SAID JOSEY LANE NORTHEAST LINE, A DISTANCE OF 125.00 FEET TO A POINT FOR CORNER; THENCE, NORTH 0 DEGREES 34 MINUTES WEST, A DISTANCE OF 121.00 FEET TO A POINT ON THE SOUTH LINE OF AN EXISTING UTILITY EASEMENT, A POINT FOR CORNER; THENCE, EAST ALONG THE SAID EXISTING UTILITY EASEMENT, A DISTANCE OF 75.00 FEET TO A POINT FOR CORNER; THENCE, SOUTH, LEAVING THE SAID EXISTING UTILITY EASEMENT, A DISTANCE OF 84.20 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 50 DEGREES 00 MINUTES AND A RADIUS OF 500.58 FEET AND A TANGENT OF 233.42 FEET, A POINT FOR CORNER; THENCE, ALONG SAID CURVE, A DISTANCE OF 436.84 FEET TO THE END OF SAID CURVE, A POINT FOR CORNER; THENCE, SOUTH 50 DEGREES 00 MINUTES EAST, A DISTANCE OF 600.00 FEET TO A POINT ON THE SAID NORTHWEST LINE OF DENNIS ROAD, A POINT FOR CORNER; THENCE, SOUTH 40 DEGREES 00 MINUTES WEST, ALONG THE SAID NORTHWEST LINE OF DENNIS ROAD, A DISTANCE OF 70.00 FEET, A POINT FOR CORNER; THENCE, NORTH 50 DEGREES 00 MINUTES WEST, LEAVING THE SAID NORTHWEST LINE OF DENNIS ROAD, A DISTANCE OF 130.00 FEET TO A POINT FOR CORNER; THENCE, SOUTH 40 DEGREES 00 MINUTES WEST, A DISTANCE OF 130.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 4.7992 ACRES OR 209,052 SQUARE FEET OF LAND; AUTHORIZING THE PROPERTY TO BE USED FOR A PLANNED DEVELOPMENT DISTRICT PERMITTING LR-2 USES, SUBJECT TO APPROVAL OF SITE PLAN; PROVIDING THE COMPLIANCE WITH THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. Page 904 AGENDA ITEM NO. 10. - CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR A KWIK KAR WASH ON THE PROPERTY LOCATED APPROXIMATELY 685 FEET SOUTH OF VALWOOD PARKWAY, ON THE EAST SIDE OF JOSEY LANE, CONTAINING APPROXIMATELY .581 ACRES. REQUESTED BY VALWOOD, LTD. Mr. M. A. Ward, representing the property owners of the property in Valwood Ltd., presented a site plan showing the overall plans for the entire tract of the zone change in the previous item. The Council explained to Mr. Ward that the overall plan could not be reviewed or acted on at this time for the only request was for Agenda Item No. 10 and Agenda Item No. 11. Mr. Ward showed plans of the site plan for the Kwik Kar Wash and gave the location of the property. The Planning and Zoning Commission recommended that the site plan be approved with the following conditions: 1. There be a paved easement along the entire east property line of the PD-3 area. The easement being 15 ft. wide through the Kwik Kar Wash property and 20 ft. wide through the remainder of the project. 2. The garbage container location be revised so that containers can be picked up by trucks traveling in a northerly direction. That the containers be placed at the rear of the building. 3. A temporary container location for the Kwik Kar Wash to be allowed until phase 2 of the Kar Wash property is developed. The container to be temporarilylocated in the 15 ft. alley directly east of the mechanical building. 4. Screening walls not be required on the Kwik Kar wash property. 5. The driveway to the Kwik Kar Wash property from Josey Lane to be an entrance only. Mr. Ward stated that Valwood Ltd. was in agreement with the conditions. After some discussion, Councilman McClung made the the site plan for the Kwik Kar Wash as recommended and Zoning Commission with the conditions. Counci the motion. The motion carried 4 to 1, Councilman Flaherty, and Binford voting "aye", and Councilman râ–ºnay" . motion to approve by the Planning Lman Linn seconded McClung, Linn, Quevreaux voting AGENDA ITEM NO. 11. - CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR COIN OPERATED LAUNDRY ON THE PROPERTY LOCATED APPROXIMATELY (700 FEET SOUTH OF VALWOOD PARKWAY, ON THE EAST SIDE OF JOSEY LANE,CON- TAINING APPROXIMATELY .275 ACRES OF LAND, REQUESTED BY VALWOOD, LTD. Mr. M. A. Ward representing the property owners of Valwood Ltd., presented and requested site plan approval for a Kwik Wash Laundry building on property approximately 700 ft. south of Valwood Parkway on the east side of Josey Lane. The site plan presented was in accordance to the recommendation of the Planning and Zoning Commission. Page 905 The Planning and Zoning Commission recommended that the site plan be approved with the following conditions: 1. That there be a 5 ft. rear yard setback for the Kwik Wash Laundry building. 2. The driveway into the Kwik Wash Laundry building to be 25 ft. wide . 3. Face brick to be used on the north, west and south side of the Kwik Wash Laundry building. 4. Screening walls not be required on the Kwik Wash Laundry property. After some discussion, Councilman Linn made the motion to grant the request for the site plan for a Kwik Wash Laundry building as recom- mended by the Planning and Zoning Commission with the conditions. Councilman McClung seconded the motion. The motion carried, Councilman Linn, McClung, Flaherty, and Binford voting "aye", and Councilman Quevreaux voting "nay". AGENDA ITEM NO. 12. - CONSIDER REQUEST FOR CIVIC AND PHILANTHROPIC USE. REQUESTED BY THE ASSOCIATED SPORTS BASEBALL ORGANIZATIONS. Mrs. Linda Ott representing the AssociatedSports requested permission to erect an additional concession stand at Jaycee Park. This stand will be erected on July 30, 1974 through August 3, 1974. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", adopted resolution no. 74-207 granting the civic and philanthropic use as requested by Associated Sports Baseball Organization. AGENDA ITEM NO. 13. - CONSIDER REQUEST OF ASSOCIATED SPORTS TO ASK FOR JERRY SINGLETON, VICE PRESIDENT OF THE ASSOCIATED SPORTS BASEBALL OR- GANIZATION. Mrs. Linda Ott representing the Associated Sports and Jerry Singleton, stated that the Associated Sports will be hosting a tournament on municapal ball fields at Showman and Jaycee Park, the week of July 29 - August 3. She stated approximately 13 out of town teams will be in Farmers Branch. In order to off set the cost of hosting the tournament, Associated Sports would like to ask for donations from spectators. Associated Sports would like to ask for a dollar from adults, fifty cents for 7-15 year olds. If a person does not want to donate or wants to pay less fees to watch games, they will be allowed to do so. After some discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", granted the request of the Associated Sports to ask for donations during the tournament of July 29 - August 3. Page 906 AGENDA ITEM NO. 14. - CONSIDER REQUEST FOR CIVIC AND PHILANTHROPIC USE. REQUESTED BY MR. AND MRS. DOUGLAS MACQUARRIE. Mrs. Betty MacQuarrie of 14234 Queens Chapel Rd. requested permission to conduct a neighborhood carnival on Queens Chapel Road on September 21, 1974 from 1 p.m. to 10 p.m.. The carnival would be conducted to raise money for the drive for Muscular Dstrophy. Mrs. MacQuarrie requested permission to put the carnival signs on the thoroughfare of Webb Chapel Rd. at Hollandale and Queens Chapel. After some discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", adopted Resolution No. 74-208 granting the permission of Mrs. MacQuarrie to conduct a neighborhood carnival and permission to place directional signs on Webb Chapel at Hollandale and Queens Chapel. AGENDA ITEM NO. 15. - CONSIDER REQUEST FOR SPECIAL EVENT SIGN FOR CENTRAL PARK BAPTIST CHURCH. PROPERTY LOCATED AT 13505 JOSEY LANE. Rev. Terry Chapman, associate pastor o Central Park Baptist Church, requested permission to erect two 3 ft by 18 ft. banners. One banner is to be erected on the main santuary building and the other banner on the Sunday School building. The Church would like to leave these signs up to advertise their vacation Bible School from August 5 - August 9, 1974. After some discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", granted the request for special event signs for the Central Park Baptist Church as requested AGENDA ITEM NO. 16. - CONSIDER REQUEST OF REMOVAL OF FLOOD PLAIN DESIGNATION FROM VALLEY VIEW PLACE NO. 4. REQUESTED BY WAYNE CLAYCOMB 1nr\uuun ruAi11U1VU L. l,UUJJbU11 h1141-,11Nth.K6. City Manager Paul West explained that Article 8-304 of the Zoning Ordinance provides a flood plain designation maybe removed for certain pieces of property by resolution of the Council. He stated certain portions of Valley View Place #4 located in the 2300 block of Valley View Lane have been requested to be removed from the flood plain by Wayne Claycomb through Raymond L. Goodson Engineers. Mr. West stated that the City has a certification by a license engineer that the flood hazard has been eliminated by the proper filling of the property designated being in the flood plain within Valley View Place #4. He stated that the City Engineer, acting as the authorized represena- tive of the Director of Public Works, has determined that the flood hazard has been eliminated by the filling of the property to the 100 year flood plain elevation. After some discussion, a motion by Councilman Binford, a second by Councilman Flaherty, all voting "aye", adopted Resolution No. 74-026 which is removal of flood plain designation from Valley View Place #4. AGENDA ITEM NO. 17. - CONSIDER REQUEST FOR DISCUSSION OF OAKBROOK ON BROOKHAVEN. REQUESTED BY EAGLESFIELD HOMES, INC. Mr. Randy Farrah, representing Eaglefield Homes, Inc., stated he would like to discuss the project of Oakbrook on Brookhaven and request Page 907 deletions from the site plan of the recreation center at 3199 Golden Oak. Mr. Farrah stated that the builders of Oakbrook do not feel that it is the time to build the recreation facility at this time. He stated that there are not enough residents to justify it. Mr. Farrah explained that he has been unable to get a certificate of occupancy issued in Phase 1 of the development until the recreation center is constructed in compliance with the approved site plan. City Manager Paul West explained that the normal procedure for amending a site plan is to present the site plan to the Planning and Zoning Commission for their recommendation to the City Council for approval. Mr. Farrah stated that there was a problem of time because he needed the certificate of occupancy now and it would be August 19 before they could get back to the City Council with the request. There was discussion that a temporary certificate of occupancy could be issued until August 20 or until the City Council has acted on the site plan revisions request. After more discussion, a motion by Councilman Quevreaux, a second by Councilman McClung, all voting "aye", instructed Mr. Farrah of Oakbrook on Brookhaven to seek a revision in the site plan from the Planning and Zoning Commission and then to the City Council at its August 19, 1974 meeting, with the City Council granting the issuance of certificates of occupancy until August 20, 1974. Mr. Farrah then discussed the plans for the project to construct duplexes along the golf course. He displayed a proposed plan. Mr. Bob Linker on Valley Hi and Mr. Fred McKimball on Pine Tree, commented on the apartment plans for the project and the proposed plans for the duplexes. Mr. Linker suggested that the developers have a meeting with the property owners in the area and discuss the plans for the Oakbrook on Brookhaven area. Mr. Farrah stated that the position of the development is for duplexes along the golf course and to use the rest of the land as it is now zoned. There was more discussion of the developers meeting with the property owners to discuss the proposed plans. AGENDA ITEM NO. 18. - CONSIDER RECOMMENDATION OF THE PARKS AND RECREA- TION BOARD FOR WALK BRIDGE ON RAWHIDE CREEK. City Manager Paul West stated that the Parks and Recreation Board at there meeting of July 28, 1974 recommended to the City Council that the City study the feasibility of building a foot bridge across Rawhide Creek. The suggested location is were Wilmington and Heartside dead end into Rawhide Creek. After some discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", instructed the City Administration to study the recommendation of the Parks and Recreation Board and report back to the City Council in 90 days. Page 908 AGENDA ITEM NO. 19. - CONSIDER RESOLUTION NO. 74-029 SETTING PRICE FOR OVER THE COUNTER SALES FOR GARBAGE SACKS. Proposed Resolution No. 74-029 setting the price for over the counter sales for garbage sacks in the amount of 15~ per sack was reviewed by the Council. After some discussion on costs of sacks, storage, and equipment, a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", adopted Resolution No. 74-029. AGENDA ITEM NO. 20. - CONSIDER BIDS ON A HYDRAULIC TRUCK MOUNTED UN- LOADER FOR THE SANITATION DIVISION. The bid for a hydraulic truck mounted loader for use by the sanitation division of the City from Gulf State Crain and Equipment Co. of Houston in the amount of $9,160.00 with delivery 14 to 20 days after receipt of the truck ehasis was reviewed by the Council. Of the five bid requests mailed out, this was the only bid returned to the City. After some discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", awarded the bid to Gulf State Crain and Equipment Co. in the amount of $9,160.00 for a hydraulic truck mounted loader and authorized the appropriation of funds for this expenditure. AGENDA ITEM NO. 21. - CONSIDER APPOINTMENT OF CITY AUDITORS. After some discussion, a motion by Councilman Flaherty, a second by Councilman McClung, all voting "aye", appointed Smith, Baines and Company as the auditors for the fiscal year of 1973-74. ,aGENDA ITEM NO. 22. - ADJOURNMENT. A motion by Councilman Quevreaux, a second by Councilman McClung, all voting "aye", adjourned the City Council meeting of July 29, 1974 at 12:15 a.m.. a or Gees - Mayor,- s City S retary, J. W. Wade Page 909 0