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1973-03-19 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING March 19, 1973 Members of the City Council present were: Mayor George G. Grimmer Mayor Pro Te.m W. R. Linn Councilmen: Ray Flaherty Bill McClung Ken Quevreaux Councilman Binford was absent because of being out of town on city business and this was recognized as an excused absence. Members of the Administration present were: City Manager Paul M. West City Attorney Doug McCallon City Secretary J. W. Wade Manager of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of March 19, 1973 to order at 7:30 P. M.. Councilman Flaherty gave the invocation. APPROVAL OF MINUTES Upon a motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", approved the minutes of the City Council meeting of March 5, 1973 as submitted. PRESENTATION OF SERVICE AWARD Mayor Grimmer presented Temp Aday of the Street Division of the Public Works Department a five year service award for his employment with the city. Mr. Aday was not present to accept the award. RELEASE OF UTILITY EASEMENT IN METROPOLITAN BUSINESS PARK #5. City Manager Paul West gave the following information. The developers of Metropolitan Business Park #5 mistakenly placed a designation of (utility easement) on (2) five foot easements which were intended to provide space x for street light service, to (2) street lights on Proton Road. The present plans for the property require that buildings be constructed across these easements. A title problem has developed because of their designation as utility easements, and the developer is requesting that they be released Page 593 by the City and other utilities, so that they may be relocated and rededi- cated as street light easements. The City has no need for these easements and there are no other utility lines located within them. After some discussion, a motion by Councilman Linn, a second by Council- man McClung, all voting "aye", authorized the City Manager to sign the appropriate instruments releasing the two (2) easements as recommended by the City Manager. REQUEST FOR SPECIAL EVENT SIGNS BY JAYCEES. Mr. Jim Fields, president of the Farmers Branch Junior Chamber of Commerce, made a request that the Farmers Branch Jaycees be allowed to erect banners to advertise the Jaycee Golden Checks program. The Golden Checks are sold by the Jaycees to raise money for their organi- zation. The size of the banners would be approximately 1. 5 feet wide by 30 feet long (similar in appearance to those erected by the Jaycees for Pioneer Days). The Jaycees would like to erect the signs for a one .month period beginning March 20, 1973 and ending April 20, 1973. Signs to be erected at the following locations: across Webb Chapel at L. B. J. Freeway; across Valley View at Denton Road; across Valwood Parkway at Denton Road; and, across Webb Chapel at Valwood Parkway. Mr. Fields stated that the Jaycees will inspect and maintain the signs and keep them in good repair for the one month period. After some discussion, a motion by Councilman McClung, a second by Councilman Flaherty, all voting "aye", granted the request of the Jaycees to erect banners to advertise the Jaycee Golden Checks program. FUTURE USE OF THE LIBRARY BUILDING DISCUSSED. REQUESTED BY THE JAYCEES . Mr. J im Fields, president of the Farmers Branch Jaycees, presented in paper form the following request. "PURPOSE: Tn Approach And Receive Approval From the City Council of Farmers Branch For the Following Jaycee Program Establishment of a Community Civic Club Center With the anticipated demise of the present Library location and the relocation of Fire Station #2 now situated at Webbs Chapel Road and Golfing Green the Farmers Branch Jaycees request the following: 1. Depending on the manner in which the City Council decides to alleviate the over crowded situation at our present Library, We request that the City revert the vacated facility (either the present Library building or Fire Station #2) to the Farmers Branch Jaycees for the establishment of a Central Community Civic Club Center. 2. If the above proposal is approved by the City Council, the Jaycees also request permission to establish a Spring Festival for purposes of financing the remodeling of this facility and also for the financing of the general costs of operating this type of facility. Page 594. In return the Farmers Branch Jaycees pledge the following: I . Complete renovation of the designated building a) Establishment of offices for individual participating organizations. b) Establishment of a meeting hall(s) for the purpose of conducting club business. c) Retention of a full time secretary (finances allowing). For the use of any participating club for correspondance and for the booking of the meeting hall(s). d) Maintenance of the property shall be performed by the Jaycees . 2. Operation Procedures: a) All offices shall be leased to participating clubs for a nominal charge (To cover utility costs). b) All available office space shall be designated on a first come first serve basis. c) Hall bookings shall be handled on a first come first serve basis. d) A Board of Directors shall be established among participating clubs to oversee the operation. e) A financial report shall be submitted to the City Council on either monthly or quarterly basis whichever is preferred by the City Council. This report will also be submitted to both local newspapers for publishing. f) A separate bank account shal I be established for the purposes of Center operation and any and all transactions shall require the signature of at least two (2) Board members. It is our wish to assist both the City of Farmers Branch and also the many Civic Clubs in our City to serve the citizens of this community to the best of our ability. THE FARMERS BRANCH JAYCEES " Mayor Grimmer explained that since both locations in question are city properties, the City would have to maintain the control of the property. Mayor Grimmer stated that the City has had correspondence in the past from organizations concerning the city providing for a community meeting room. He stated that one organiza- tion, the Civic League, has requested to furnish a community room in the Library Building when vacant but not to take it over. The Civic League has already been setting money aside for this purpose. Mr. Fields stated that the Jaycees feel they have a good program and would like to work with the city for a much needed civic center for all civic organizations. The Council expressed appreciation to the Jaycees in making this intent known to the City. It was discussed that a commitment could not be made until a decision had been reached on which building would be vacant, then the utilization of the vacant building would be studied and considered. Page 595. Mrs. Pat Brown, president of the Civic League in Farmers Branch, stated that when she read of the Jaycees plans in the newspaper, she appreciated them but ten (10) years ago the founders of the Civic League in Farmers Branch set their number one goal for the city to have a Civic Center to serve all ages. She said the founders had hoped that someday there would be a beautiful library building and perhaps the city could then turn the present building over for a Civic Center. She stated that the Civic League already has $5,123.81 saved to donate to the City for this purpose. She stated that it was the intent of the Civic League to include all clubs and have a community effort and everyone contributing whatever they were capable of contributing. She told of visiting other Civic Centers in other cities that were operated by the city. She stated that she appeared to reiterate the Civic League's interest. Mayor Grimmer asked if there was anyone else who would like to speak on this subject. No one else spoke. The Council assured that all requests and recommendations will be kept on record and will be considered when the Council isthe position to make a decision. PUBLIC HEARING - CONSIDER REQUEST FOR RE-ZONING FROM R-2 TO PD WITH R-3 USES. PROPERTY LOCATED APPROXIMATELY ON THE SOUTH- EAST CORNER OF MARSH LANE AND BROOKHAVEN CLUB DRIVE. Mayor Grimmer opened the public hearing to consider a request for re-zoning from R-2 to PD with R-3 uses on property located approximately on the south- east corner of . Marsh Lane and Brookhaven Club Drive. Requested by Bill Skipping and Talmadge Tinsley. INFORMATION: Mr. Bill Skipping owns the 22.573 acre tract of land located south of Brookhaven Club Drive at Marsh Lane. The property is currently zoned R-2. Mr. Skipping and Mr. Tinsley would like to rezone the property to a Planned Deve- lopment area with R-3 uses, so that the property could be developed using the smaller R-3 lot sizes. The Planning and Zoning Commission recommends that the zoning change be granted provided the right-of-way required to widen Marsh Lane so as to conform to the City's Thoroughfare Plan be dedicated to the City, and the area along Farmers Branch Creek within the 100 year flood plain be dedicated as open space to the City, and that all homes developed in the property have a minimum living area of 2200 square feet. The developers have agreed to the conditions, with the exception of the 100 year flood plain dedication. The developers feel that if they are required to dedicate this area, the remaining property could not be divided into enough R-3 lots to economically support the development, and that they would have to abandon the project. The developers would like to fill the 100 year flood plain area and create a controlled drainage channel for Farmers Branch Creek. Mr. Talmadge Tinsley, 4230 L.B.J. Freeway, Dallas, Texas, a developer, introduced Mr. Bob Zoller of Cook and Huitt Engineers of Dallas, Texas. Mr. Zoller stated that the request for zone change from R-2 to PD R-3 was in order to utilize this land as residential use. He gave the zoning of the surrounding properties. Page 596. Transparencies and plans for the area were displayed. By showing on a map, Mr. Zoller pointed out the flood plain area that is now encumbered on the site. He stated that this encumbers a good portion of the land and is rendered not useable in the present state. He stated that he feels the request is reasonable from the extent that the density is not actually increasing the density on the land. He stated that if the landWC15 to be developed in it's natural state under the R-2 zoning, the maximum yield in the fully developed state is approximately 2.6 houses to the acre. He stated that if the land was developed under the PD R-3 zoning, their present yield is 2.7 houses to the acre. Mr. Zoller stated that a screening wall is planned along the entire west property line to screen the development from the traffic on Marsh Lane. Mr. Zoller stated that they would deed restrict the homes to a minimum square footage of 2200 sq.ft. living area. He stated that all requirements as far as set backs of building lines, construction of all streets and sidewalks, and utilities would be provided according to the city's specifications. Mr. Zoller stated that they feel they could not live with the condition that all the land in the flood plain be dedicated as public use as recommended by the Planning R and Zoning Commission. He pointed out on a map where they plan to fill and save the trees. He stated that they would fill only under where the house would be in order to raise it above the flood plain. Mr. Tinsley described the type of houses they plan to build. The houses would be 2200 sq.ft. and up, living area. The prices would range at a minimum of $50,000 to $55,000, and the ones along the creek would run approximately $65,000 to $75,000. He stated that the lots would be sold to several builders in the area. Mr. Bob Felton, a builder, stated that he is a resident of the City of Farmers Branch and has been building homes in the Country Place Addition in Carrollton. He stated that he is interested in building in this area and the city is in need of areas for this type of development. He stated that the minimum lot size where he has been building in Carrollton is 80' x 120' with 2200 to 2300 sq.ft.iaouses. Councilman Flaherty requested some clarification of statements that were made in the minutes of the Planning and Zoning Commission meeting concerning that "Mr. Tinsley stated that his company plans to dedicated the right-of-way for Marsh Lane, and the area along the creek within the 100 year flood plain, as open space for the City." Mr. Zoller stated that in regards to the widening of Marsh Lane, we stated in the presentation we would be willing to dedicate our land of approximately 50 feet. He stated that in regards to the dedication along the creek, it was read by Mr. Scales that dedication would be inside the 100 year flood plain,and the drawings that we submitted to Mr. Scales showed a channel which holds a 100 year storm. He stated that the channel encroaches onto their property some 40' to 50'. He stated that at the time Mr. Scales read the recommendation, he understood that they would have Page 597. to give maintenance of this ditch to the city which we did not object. Mr. Zoller stated that after the meeting was over he found out that the whole natural flood plain was involved in the dedication. He said that they began to study and work for a solution on this problem and the results are what is being presented to the Council, where the yards are sloped down to keep the flood plains natural. Mr. Zoller stated that they would dedicate the flood plain as an easement. He stated that 14 lots are involved and they could not give up all that area. Mayor Grimmer made statements concerning the problems the city might encounter if were built on a flood plain and then flooded. Mr. Zoller stated that the building site of any house or any structure is 3' above the 100 year water surface and only the back yard which slopes down goes below the 100 year water surface. He stated that the natural flood plain is more than adequate to carry the water. He said he believed this would he found by the Public Works Department when it goes thru final platting stages. Mayor Grimmer asked if there was anyone else in the audience that would like to speak on this request. No one spoke. Councilman Linn made a motion to close the public hearing. Councilman McClung seconded the motion and all voted "aye". There was a lengthy discussion held by the Council members. Councilman Linn questioned Mr. Zoller about structures of any houses or buildings that would be constructed a minimum of 3' above the 100 year flood plain. Mr. Zoller stated that the plans for the request are that any finished floor would be 3' above the flood plain. Councilman Linn noted that the property owner would be responsible for the maintenance of his lot, etc., down to the creek. After being questioned of which way the houses would face along the creek, Mr. Zoller answered that each builder will have their own ideas but according to the street plans, the house would generally face the street. Councilman McClung complimented the plan. He stated that he had been concerned about the area along the creek across Marsh Lane if dredging and lining the creek had been planned. Councilman Flaherty asked for the measurements of certain lots. Mr. Zoller answered that they would be a minimum of 80' x 125'. The use of the flood plain area was discussed. Councilman McClung made statements concerning the property owners taking care of their lots. He feels the property owner will take care of the property along the creek if they pay this kind of a price for a home. Page 598. It was discussed that this hearing was for rezoning and not site plan approval . There was a discussion on the the map that was presented to the Council and the one presented to the Planning and Zoning Commission. There was a discussion concerning the understanding of the facts that have been discussed between the Council and Mr. Zoller. Mr. Zoller stated that they did understand they would have to get site plan approval, checked by the City engineering and if they don't meet the safe or best interest of the public, safety, health and welfare, they would be informed. He stated that he is confident it will be shown that the plans will not hender the flow through the creek in the state it is now in. Councilman Flaherty questioned if there would be any channelization. Mr. Zoller stated that they would be no channelization. It was discussed that the creek would remain like it is now. City Manager Paul West questioned the plans of having the affect of blocking the flood plain. Mr. Zoller stated that the back water in the area is the result that the culvert at Marsh Lane does not accept all the back water and when Marsh Lane is improved it will take care of this. City Manager Paul West asked Mr. Zoller if he thought the property across the creek would be affected. Mr. Zoller stated that he did not think the property across the creek would be affected. Councilman McClung stated that the area in question did not flood during the last two floods like it did on the area west of Marsh Lane. City Manager Paul West stated that a good portion of this drainage area is undeveloped and in the next few years when this area is developed , there will be a tremendous increase in the flood flows. After more discussion on the construction of any buildings being above the flood plain, Mr. West stated that the developers did-not have any problems if they feel this will have no adverse affect on the land on the opposite side of the creek, or will not impede the 100 year flood flows. There was a discussion if the owner of property in the flood- plain desired to build on the flood plain . Mr. West stated that under the Zoning Ordinance the Council has the authority to fix a flood plain designation, and if this is done, this prohibits any building, any filling, any fences or any activity that would in any way impede the flood flow. There was discussion on that the property owners who purchased homes in the flood plain would not know that they were in the flood plain, unless they saw the plats on the property. Page 599. Mr. Zoller suggested the dedication of an easement. Mr. West stated that he felt the city would not want an easement, but would want a flood plain designation fixed. After more discussion, a motion by Councilman Quevreaux, a second by Councilman McClung, all voting "aye", granted the request for the zone change from R-2 to PD R-3 Uses,that provides for site plan approval, on the property located on Marsh Lane at Brookhaven Club Drive. PRESENTATION OF CERTIFICATE OF APPRECIATION Mayor Grimmer presented Mrs. Laura Rice a certificate of appreciation for her donation of a trampoline to the City Recreation Center. DISCUSSION ON CREEK AREA LOCATED NEAR OLYMPIC COURT. REQUESTED BY CHARLES MOORE. Mr. Charles Moore, 14304 Olympic Court, stated that he was the spokesman of a neighborhood group that lives around a creek near Olympic Court and wanted to discuss a problem with the Council. Mr. Moore presented a letter of request that is attached to this page. A transparency of the area was displayed. Mr. Moore pointed out the locations of the property owners that were involved in the request. I Pointing out the creek area involved, Mr. Moore stated that when the neighborhood was constructed and cleared;alot of silt filled into this creek and since that time more constructi debris have been added by a contractor who did work at 3404 Apple Valley. He stated that he has had conversations with city personnel about the dredging and clearing of this area but have been unable to get this done. Mr. Moore requested that the city restore this area to its original boundaries and depth. Mr. Moore read section 8, 1 and 2 of the attached letter of request. The persons making the request were all present. Mr. Moore displayed pictures of the condition of the creek area. Mr. Harry Branham stated that he has a contract to buy 3404 Apple Valley but was unaware of all the conditions surrounding the small lake. He stated that they plan to remodel the house and work the landscaping so it would be a credit to the neigh- borhood. He said that if this lake is not dredged and cleared, he might not go through with the contract. Mr. Branham stated that the property owners are not capable of solving the silt problem. He stated that it was a health hazard and requested the city to dredge it out. After being asked as to what problems the city is faced with in dredging out this creek area involved, City Manager Paul West stated the following. Page 600. i PRESENTATION TO FARMERS BRANCH CITY COUNCIL MARCH 19, 1973 1) We are here to request the City's assistance in solving a problem. 2) Familiarize City Council with the area in question 3) The Problem - Due to silt and fill in, the creek as noted on the map has been impeded and shallow. The result is: continous deterioration of the surrounding property value, health hazard due to weeds, mosquitos, and snakes, and less than desirable aesthetics for the neighborhood .and the City of Farmers Branch. 4) Development of Condition A) Silt B) Filling and dumping 5) Discussions with City Personnel Mr. Ken Forier Mr. Roy Patton 6) Our understanding of the Cities position is that: The City does not want to get involved and does not feel obligated to assist in correcting this situation. 7) We request the City to restore the creek to its original depth and boundaries, 8) The City Council will be responsible and correct in giving an affirmative decision in favor of the property owners: 1) The City and the property owners were abused by the contractor wil-lo to our knowledge did not have a permit or legal right to fill-in a portion of the creek that caused part of the problem. 2) Removal of silt from creeks and drainage easements has been and is part of the services the City renders to its residents. Property owners involveds C. D. Moore 14304 Olympic Court Harry Branham 3404 Apple Valley E. S. Adler 14305 Olympic Court E. P. Dayton 3405 Apple Valley One problem may be resolved if the new owner of 3404 Apple Valley or any other interest holder in the property would sign a hold harmless agreement or some kind of release, so that the city would not be liable for any damages that might occur to the house or the yard when heavy equipment goes onto the property to get to the creek. The other problem would be to have some kind of an easement so we could get equipment in to do this work.. This is needed to protect the city for the damages that the equipment might cause. Mr. Moore made statements he would be willing to sign the release and was sure that Mr. Adler would too. Mr. West stated that if the city can obtain releases and hold harmless agreements from both the property owners and any mortgage holder, or anyone else who might have ownership in the property, he does not think the city would have any problems in taking care of this. Councilman McClung asked Mr. West if this could be done under the existing budget? Mr. West stated that it could but would have to be scheduled in with the other work of the city and done when the city could get to it. Mr. Moore requested that the work be done before the growing season ends. After more discussion, a motion by Councilman Quevreaux, a second by Councilman Flaherty, all voting "aye", instructed the City Administration to work with the people in obtaining the necessary legal documents that are needed in order that their request can be fulfilled. CONTRACT FOR MICROFILM EQUIPMENT .CONSIDERED. City Manager Paul West stated that bids have been received for a microfilm camera, a reader printer and a reader filler. Six bids were sent out. Mr. West stated that it was the recommendation of the Administration to award the low bid that met the specifications on the reader printer to Eastman Kodak for the purchase price of $3,825.00, and the low bid that met the specification on the reader filler to Bell and Howell for the purchase price of $ 1,269.00. He stated that it was also recommended that the bid of $3,674.50 be awarded to 3 M Company for the purchase of the camera . The camera does not meet the specifications in that the bids called for two lens settings. 3 M Company's bid only includes one lens but for the difference in cost we feel the camera will be adequate for our needs. There was discussion on rebidding for the camera. After more discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", instructed the City Administration to rebid on the camera; awarded the contract for a reader printer to Eastman Kodak in the amount of $3,825.00; and, awarded the contract for a reader filler to Bell and Howell in the amount of $ 1-,269.00. Page 601. AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR PETROLEUM PRODUCTS. After a brief discussion, a motion by Councilman McClung-,a-sec-and by Councilman Quevreaux, all voting "aye", authorized the advertisement for bids for petroleum products. REQUEST BY LITTLE LEAGUE NORTH AND SOUTH FOR SPECIFIC USE PERMIT FOR CIVIC AND PHILANTHROPIC USE. Little League North and South has requested that they be permitted to operate two concession stands on Cox Park. Both Little League North and Little League South w i l l operate these two stands. Mr. Barney Wood, president of Little League South, has made a request that they be permitted to operate these concession stands from April 23, 1973 until the first week of July, 1973. The locations of the stands have been approved by the Park and Recreation Department of the City. There was no one present to present the request. After there being no objection of the City Administration, a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", granted the request of Little League North and Little League South to operate two concession stands on Cox Park, subject to their meeting all Building Codes and Electrical Codes of the City of Farmers Branch. EXECUTIVE SESSION. There was a genera iscussion concerning the recent actions taken by one of the advisory boards. The tax exemption of ad valorem taxes for persons age 65 and over was discussed briefly. ADJOURNMENT. Upon a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", adjourned the City Council meeting of March 19, 1973 at 9:20 P.M. . Mayor George G. Gp mer City cretary J. W. Wade. Page 602.