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1973-05-21 CC Minutesn CITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING May 21, 1973 All members of the City Council Mayor Mayor Pro Tem Councilmen: were present: George G. Grimmer W. R. Linn Ray Flaherty Bill McClung Ken Quevreaux Bill Binford Members of the Administration present were: Ci ty Manager Paul M. West City A ttorney Doug McCallon City Secretary J. W. Wade Manager of Staff Services Glenn Moore Secretary Ruth Ann Parish AGENDA ITEM NO. 1 - INVOCATION Councilman Flaherty gave the invocation. Mayor Grimmer called the City Council meeting of May 21, 1973 to order at 7:30 P.M.. AGENDA ITEM NO. 2. - APPROVAL OF MINUTES OF APRIL 16, 1973 After some discussion, a motion by Councilman Linn, a second by Council- man Quevreaux, all voting "aye", approved the minutes of the City Council .meeting of April 16, 1973, with the addition of "in recent city, school and national elections. " to the next to the last paragraph in the second sentence on page 621. AGENDA ITEM NO. 3. - PRESENTATION OF CITY FLAG AND SERVICE PINS TO COUNCILMEN BY DESIGNER ROC MITCHELL. Designer Roc Mitchell presented the official city flag to the city. The flag is green with the logo in blue. Mr. Mitchell presented service pins with the logo on them to the Mayor and each Councilman. The Council expressed appreciation to Mr. Mitchell. AGENDA ITEM NO. 4. - TUMBLING AND ADAGIO EXHIBITION BY PARK AND RECREATION SHOW GROUP. Park and Recreation Director John Burke introduced George Mathis, the Recreation Center Director. Mr. Mathis recognized Mrs. Polly Sill and Mrs. Cheryl Richardson who are volunteer workers at the recreation center. Page 623. Mr. Ron Wilhelm, recreation instructor, introduced the show group. The group gave a very good and interesting tumbling and adagio exhibition. Councilman Quevreaux recommended the Administration send a letter to the volunteer works on behalf of the City Council expressing appreciation for their work in this program. AGENDA ITEM NO. 5 - PRESENTATION OF FIVE YEAR SERVICE AWARD. Mayor Grimmer presented Officer Bill Taylor of the Police Department with a five year service award for his employment with the city. AGENDA ITEM NO. 6. - PUBLIC HEARING - CONSIDER REQUEST FOR A SPECIFIC USE PERMIT TO ALLOW INSTALLATION OF A CAR WASH IN AN LR-2 ZONING, PROPERTY LOCATED IN HERITAGE PARK NO. 1, LOT 16, BLOCK 1, ROLLINGDALE LANE. REQUESTED BY KWIK KAR WASH. Mayor Grimmer opened the public hearing to consider a request for a Specific Use Permit to allow the installation of a car wash in an LR-2 zoning located in Heritage Park No. 1, Lot 16, Block 1, on Rollingdale Lane. Mr. Ray Ellis, representative of Kwik Kar Wash, presented his request. He stated that they propose the installation of a car wash on a 220 foot tract on Rollingdale Lane, behind the shopping center along Josey Lane. The car wash would be erected on 120 feet of the west most portion of the property, leaving 100 feet between it and the residential area that is to the east. Mr. Ellis presented a plot plan showing the location of the proposed car wash. Mr. Ellis stated they propose to erect a screening fence to screen off the car wash from the residential area. Mr. Ellis presented pictures and gave the locations of the buildings surrounding his proposal. Mr. Ellis stated they propose to construct an all masonry building, faced with rock and the area where the cars would be would be paved. The paved area would be sloped to keep the water from running out in the street, Mr. Ellis pointed out. He said it would be adequate lighted. He pointed out that the lights would be placed where they would not hender the residential area or the apartment area. Mayor Grimmer read the recommendation of the Planning and Zoning Commission. The Planning and Zoning Commission held a public hearing on April 23, 1973 and the Commission recommended that the request be denied because the car wash would be located too near a residential zone. Page 624. Mayor Grimmer stated that prior to the public hearing held by the Planning and Zoning Commission, fourteen letters were sent to property owners within 200 feet of this property. There were two letters returned opposing the request and no letters were returned approving the request. Mayor Grimmer asked if there was anyone present to speak in favor of the request. No one spoke. Mayor Grimmer asked if there was anyone present to speak opposing the request. The following spoke. Mr. Paul Boland, 2742 Rollingdale, who lives at the third house down from the property of the request on the south side of the street, opposed the request. He spoke in concern of the trash problem that now exists from the shopping area and of the additional trash that would be created by the car wash. He opposed the traffic which would increase on Rollindale. He stated that if the car wash is permitted his property and the other nearby residential are would be devalued. There being no other comments from the audience, Councilman Linn moved to close the public hearing. Councilman Quevreaux seconded the motion and all voted "aye"- After some consideration, a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", denied the request of Kwik Kar Wash as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. 7. - PUBLIC HEARING - CONSIDER REQUEST FOR A SPECIFIC USE PERMIT TO PERMIT AN IN BAY CAR WASH TO BE INSTALLED IN AN LR-2 ZONING. PROPERTY LOCATED AT 12004 WEBB CHAPEL ROAD. REQUESTED BY EXXON COMPANY, U. S.A. Mayor Grimmer opened the public hearing to consider a request by Exxon Company, U. S. A. , for a Specific Use Permit to permit an in bay car wash in an LR-2 zoning, located at 12004 Webb Chapel Road. Mr. E. W. Berry, representing Exxon Company, U. S. A. , presented a request for an in bay car wash to the existing building at 12004 Webb Chapel Road. He stated that the only change of the existing building would be a rear door or rear entry to exit out the front. He stated that there would be no blowers or vacuum cleaners that would create noise. Mayor Grimmer stated the public hearing of the Planning and Zoning Commission was held on April 23, 1973, and the Commission recommended that this request be approved. He stated that four letters were sent to the property owners within 200 feet of the Exxon station. There were two letters returned approving the request and no letters were returned opposing the request. Mayor Grimmer asked if there was anyone present to speak in favor of the request. No one spoke. Page 625. Mayor Grimmer asked if there was anyone present to speak opposing the request. No one spoke. There being no other comments, Councilman Linn moved to close the public hearing. Councilman Flaherty seconded the motion and all voted "aye . After some discussion of the services of the proposed car wash, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", approved the request of Exxon Company, U. S.A., for an in bay car wash at 12004 Webb Chapel Road, as recommended by the Planning and Zoning commission. AGENDA ITEM NO. 8 - CONSIDER REQUEST FOR FENCE VARIANCE TO PERMIT FENCE IN FRONT YARD AT 2849 MILLWOOD. REQUESTED BY MR. LOUIS L. YOUNG. Information given to the Council by memo from the City Administration: Mr. Young owns the property at 2849 Millwood Circle. The lot is located on the northwest corner of Millwood Circle and Millwood Drive. There is a 30 foot building line along both Millwood Circle and Millwood Drive. The area between the 30 foot building line and the property lines is considered by the Zoning Ordinance as a required front ,yard. Mr. Young would like to construct a pool on his property. The pool would extend into the required front ,yard, which is in violation of the City's Zoning Ordinance. Mr. Young is scheduled to appear before the Zoning Board of Adjustment on May 22, 1973, to request a variance from the Zoning Ordinance in order to construct the swimming pool in the required front ,yard. The City's Code of Ordinances require that all swimming pools be fenced. The fence around Mr. Young's swimming pool would extend approximately 10 feet into the required front yard area. Section 8-39 of the City's Code of Ordinances states that no fence shall be constructed or maintained within a front ,yard, from the front building line to the front lot line, or in the required front yard area of an unimproved lot within the city. Mr. Louis L. Young presented his request for a variance from the fence ordinance to allow him to build a fence within his side yard to enclose a proposed swimming pool. He stated his side yard from his house is approximately 42 feet to the curb line. He stated the request is for a variance of approximately 10 feet. There was a discussion of appearing before the Zoning Board of Adjustment before the Council takes action on the request. There was a brief discussion held concerning the deed restriction on the property in this area. City Manager Paul West pointed out that there should be approximately 11 1/2 feet of right of way between the curb and street right of way line and the property line. Page 626. Mrs. Bruce Martin, 2939 Millwood Circle, an immediate neighbor to Mr. Young, stated she did not have any objection to the request. Mr. Young stated that if he did not get permission to build the pool by the Zoning Board of Adjustment, he would not build the fence. After .more discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", granted the request by Mr. Young for a fence variance to permit a fence within the front yard at 2949 Millwood Circle. AGENDA ITEM NO. 9 - CONSIDER REQUEST FOR SITE PLAN APPROVAL. PROPERTY LOCATED AT 13328 BEE STREET. REQUESTED BY MAURICE REEVES. Mr. Maurice Reeves of Reeves Plumbing requested approval to construct a plumbing shop at 13328 Bee Street. He stated that he had been before the Planning and Zoning Commission and they approved his request. The site plan was presented by Mr. Reeves. The site plan meets the building area requirements, setback requirements, and parking require- ments of the PD-5 (C) Ordinance. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", approved the site plan for a plumbing shop to be located at 13328 Bee Street as submitted and recommended by the Planning and Zoning Commission. AGENDA ITEM NO. 10 - DISCUSS LOCATION OF TRAFFIC SIGNAL AT JOSEY LANE AND HOLLANDALE LANE. REQUESTED BY THE TRAFFIC SAFETY COMMITTEE OF CENTRAL ELEMENTARY SCHOOL. Mayor Grimmer stated that this request was continued from the April 16, 1973 City Council meeting. Mayor Grimmer gave the following information. After further traffic studies and consideration of the expressed wishes of residents, the City Administration recommends that the traffic signal originally proposed to be installed at Hollandale Lane and Josey Lane be installed at Rollingdale Lane and Josey Lane. After some discussion, a motion by Councilman Linn, a second by Council- man Flaherty, all voting "aye", authorized the traffic signal to be located at Rollingdale Lane and Josey Lane as recommended by the City Admin- istration. AGENDA ITEM NO. 11. - CONSIDER REQUEST FOR AMENDED SITE PLAN APPROVAL FOR SHELL AUTO LAUNDRY LOCATED AT 13297 JOSEY LANE. REQUESTED BY SHELL OIL COMPANY. No one was present to represent Shell Oil Company to present the request for an amended site for the Shell Auto Laundry located at 13297 Josey Lane. Page 627. The following information was given by Mayor Grimmer: The Shell Oil Company would like to build a 4' x 12' buildirg along the south property line of their auto laundry at 13297 Josey Lane to house vending equipment. The building would enclose vending equip- ment on three sides with the front facing Josey Lane and being open. The building would have the same architectual type appearance as the present laundry building. At the time Shell Oil Company received their Specific Use Permit for the auto laundry (January 17, 1972) the vending patio building was not shown on their site plan. The Shell Oil Company has revised their site plan to show the vending patio area, and they are requesting that the City Council approve the amended site plan, so that a building permit can be issued for the vending patio building. The Planning and Zoning Commission recommends that the amended site plan not be approved, due to relocation of vacuums. After some discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", denied the request for site plan approval by Shell Oil Company, as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. 12 - DISCUSS PARKING AT MALLON PARK. REQUESTED BY MRS. BRUCE MARTIN, 2839 MILLWOOD. Mrs. Bruce Martin, 2839 Millwood, representing property owners on Millwood Circle and Millwood Drive who had signed a petition, complained of the parking by persons going to Mallon Park. She stated that at times property owners had difficulty in getting in and out of the alley of Millwood Circle and Millwood Drive. She stated that there was hardly ever any parking across the park on Reedcroft Drive, and suggested it be used. Mrs. Martin asked if it would be possible to restrict the parking to the north side of Millwood Drive along the park area for residential parking only. Where was a discussion of enforcing the restriction of knowing whether or not the vehicles parked on the north side belong to the residents or not. There was a discussion of utilizing the Janey Stark School parking lot. Mrs. Martin complained of trash from the receptables at the park blowing onto the front yards of the nearby residents. A lady in the audience stated that since Millwood Drive is a bike route, it was very hazardous with the parallel parking of the cars. She complained of the cars using the driveways as a turn-around. Mr. Louis Young, 2849 Millwood Circle, suggested a head in parking lot be installed on the park area along Reedcroft Drive. Page 628. Mr. J. C. Murphy, 2828 Millwood Drive, complained of cars using his front circular driveway. Mr. Young stated that the alley behind Millwood Circle was being used as a thoroughfare. Mrs. Mae L. Kirby, 2834 Millwood, stated that the sign on her fence stating "no trespassing and no swimming" had been torn down again. She complained of persons going onto her property. Councilman Linn recommended the City Manager and his staff study this problem and come back to the next regular Council meeting with possible recommendations toward a solution for this problem of parking at Mallon Park. All Councilmen agreed. AGENDA ITEM NO. 13 - CONSIDER PASSING A RESOLUTION OPPOSING COMMUTER TAX. REQUESTED BY MRS. BERNICE SIKORSKI OF LEWISVILLE. Mrs. Bernice Sikorski, a resident of Lewisville, presented her opposition to a proposed commuter tax to persons working in Dallas who reside in suburban cities, as proposed by Mayor Pro Tem George Allen of Dallas. Mrs. Sikorski read a resolution opposing the commuter tax and recommended the Council pass a resolution of similar form. There was a discussion on the previous resolution adopted by the City Council of Farmers Branch on April 19, 1971, opposing the commuter tax. Mrs. Sikorski stated that she has contacted about 25 cities who have agreed to bring this before their Councils. She said she was acting entirely on her own because it affected her. After some discussion, a motion by Councilman Binford, a second by Councilman Linn, all voting"aye", to send a copy of the previously adopted resolution and a cover letter to the Dallas City Council re-emphasizing the stand of the Farmers Branch City Council. AGENDA ITEM NO. 14 -DISCUSS WIDENING OF VALLEY VIEW LANE FROM WEBB CHAPEL ROAD TO TEMPLETON TRAIL. REQUESTED BY MR. JIM CARLISLE. Mr. Jim Carlisle, 3156 Valley View Lane, speaking for persons on his side of the street, stated that they do not think they have had a fair offer for their property for the widening of Valley View Lane. He spoke in concern of the appraiser that appraised their property. He stated the appraiser appraised properties that are improved along the same values as property that is unimproved. He objected to his mimosa trees being called scrubs and being appraised as scrubs. Page 629. Mr. Carlisle stated that 31~ a sq. ft. is not a fair price as referred in the letter of offer he had received from the city. He stated that in the letter it says that the widening of Valley View Lane would improve the value of his property. Mr. Carlisle made statements of how he believes the project will devalue his property. Mr. Carlisle asked the Council to reconsider the offer for his property and come up with a better price. Mayor Grimmer reported that the Council can not negotiate on a price. He stated that the city relies on the opinion of an appraiser. Six property owners were present that would be affected by the Valley View widening. Councilman Linn told of his passed experience of his property being taken for the widening of Valley View Lane west of Webb Chapel Road. There was a discussion on the amount paid to the real estate company by the city for some property located in this project. Mr. Carlisle stated that he hoped that some settlement could be reached before going into condemnation wH ich would cause the city to spend alot of money. Mr. Carlisle presented copies of his proposal on what he thinks is a fair price for his property. A copy of the proposal is attached. There was a discussion on trying to work out an equitable solution. There was some discussion of hiring another appraiser to reappraise the property involved, and the cost involved of appraising each lot. City Manager Paul West told of the problem that is involved if the Council desired not to proceed with the appraisals that had been received. He stated that the Council previously authorized the Administration to make the offers of the appraiser and if these offers were not accepted within thirty days, then to proceed with condemnation procedures. He stated that if the Council desires they could rescind their previous actions and authorize the hiring of another appraiser. Mr. Hugh Berry, 3164 Valley View , inquired about the property that was taken when Webb Chapel Road was widened. Mayor Grimmer stated that the County handled the final acquisitions. He said that some of the property had been acquired from developers as they developed the land. Mr. Frank Arthur stated that he had purchased Lot 21B and he opposed the offer. He is in the process of building his home on this lot. Mrs. Hugh Berry pointed out that they owned the largest lot which was located on a corner and they were offered only 28~ a sq.ft.. Page 630. The following is a breakdown of prices that I think is FAIR for a 20' X 117' partial of property at 3156 Valley View Lane: 1. 20' X 117' partial of land A $'1.001FT2 = $2,340.00 2. 5 Mimosa trees 3 $140.00 each = 700.00 3. No charges to be accurued for paving, curbs or sidewalk in the widening of Valley View Lane TOTAL $3,040.00 James M. Carlisle, Jr. 3156 Valley View Lane Farmers Branch RF(`t"Wr-r) MA`, 41 '3 c« M,AN,,,,tfi 1 After more discussion, Councilman Linn made a motion to table any condemnation procedures for 30 days to give the City Administration and the City Council time to restudy this situation, which this does not mean to rescind the previous action taken by the City Council. Councilman McClung seconded the motion and all voted "aye". DISCUSS GREENHOUSE CONSTRUCTED WITHIN THE REQUIRED FRONT YARD LOCATED AT 3708 CRESTPARK. REQUESTED BY MRS. T. R. SCHUCHAT. Mrs. Marjorie Schuchat, 3708 Crestpark Drive, stated she lived on the corner of Crestpark and Pennystone and had built a greenhouse which extends 9 feet over the building line on their side yard requirement. She stated that the greenhouse has stood a year without any objections. She said recently representatives from the city came and measured her yard. She stated that the representatives did not come to her door and get permission to come onto her property and she went out andasked them what they were doing. She did say that since that time the help from the city offices has been very pleasing and appreciative. She said she was notified in April, 1973 that the greenhouse was in violation of the City's Zoning Ordinance and the 30 foot building line established by the platting for Country Club Estates 01 Addition. Mrs. Schuchat said she was unaware of any problems that might exist in building the greenhouse. She said with the suggestion of Building Official Tom Scales she proceeded to get the signatures of the 98 property owners in Country Club Estates 01 in order to get all the neighbors to agree to redraw a plat to save the greenhouse. As a result of getting the signatures, she received 89 who were for the greenhouse, 8 who said no and I which she could not get for they were out of town. Mrs. Schuchat told of having two realitors to look at their property and greenhouse. Mrs. Schuchat stated that her husband built the greenhouse exactly on the fence line that was standing at the time. There was a discussion concerning the greenhouse being built for a year and is just now discovered by the city. It was pointed out that they did not get a building permit to construct the greenhouse. Mr. David Sloan, 12816 Pennystone, who lives two houses from Mrs. Schuchat, stated that he did not think the greenhouse was very becoming to the neighborhood for is was an eyesore. Mrs. Robert Bell, 12839 Pennystone, stated that she lived across the street and it was a pleasure to look out and see the green house instead of the fence that once stood. She said that Mr. and Mrs. Schuchat had worked hard in building the greenhouse and she thought they should be permitted to keep it. Mr. Bob Michaels, 3714 Crestpark, stated he lived next door to the Schuchat's and is a real estate broker. He made comments on how nice he thinks the greenhouse is. Miss Leslie Heraldson, 3820 Crestpark , who lives at this address with her parents, stated that she agreed with Mr. Sloan. She made statements opposing the greenhouse. Page 631. Mrs. Benita Bell, 12839 Pennystone, described the greenhouse and the landscaping surrounding it. She made statements in favor of keeping the greenhouse at the location. Mr. Lonzo Roberts, 12810 Pennystone, objected to the greenhouse and made statements opposing the replatting of the addition. After more discussion, City Attorney Doug McCallon stated that if the greenhouse is violating the platting restriction there is nothing the Zoning Board of Adjustment or the City Council can do. There was a discussion of the work load of the building inspectors and the regulations that should be followed when representatives from the city go on private property. Councilmen Flaherty, McClung and Linn expressed that they would like to see the greenhouse remain on the property. The Council expressed their desire for the City Administration with the Legal Counselor to work with Mr. and Mrs. Schuchat and see what the limitations are on keeping the greenhouse. AGENDA ITEM NO. 16 - CONSIDER REQUEST FOR PERMISSION TO CONSTRUCT SPUR TRACK ACROSS NICHOLSON ROAD. REQUESTED BY GOULD, INC. City Manager Paul West gave the following information: The city has had a request for the construction of a spur tract to provide rail service to the Gould Battery plant under consideration for an extended period. Approval of this request has been delayed because the proposed spur track across what was anticipated to have been a diversion channel for Cooks Creek, if the TRA election had passed and the Corps of Engineers had been in a position to pursue their drainage plans in western Farmers Branch. The failure of the TRA Bond election precludes any practical possibility for constructing the drainage channel in the location previously proposed, and the city has no reason to withhold permission for the requested construction. Mr. West stated that it is the Administration's recommendation that the request be approved with the condition that the City Administration be given authority to review and approve the proposed grade, drainage structures, and related construction details. After some discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", approved the request for permission to construct a spur track across Nicholson Road by Gould, Inc., conditioned that the City Administration be given authority to review and approve the proposed grade, drainage structures, and related construction details. AGENDA ITEM NO. 17. - CONSIDER REQUEST FOR VARIANCE FROM THE FENCE ORDINANCE. REQUESTED BY MR. JAMES BIDDLE OF OAKBROOK ON BROOKHAVEN. The following information was given to the City Council in a memo from the City Adminis- tration: Oakbrook on Brookhaven is completing several of the units in Phase I of their townhouse development. (Phase I is located on the northeast corner of Webb Chapel Road and Oakbrook Parkway). The townhouses along Oakbrook Parkway and Webb Chapel Page 632. have individual patio areas that can be seen from these streets. Oakbrook-on-Brook- haven would like to enclose the patio areas with security and screening fences. There is a 20 foot front yard along Oakbrook Parkway and a 25 foot front yard along Webb Chapel Road. The security fences would extend into these front yards for distances varying from 0' to a maximum of 10'. The fences will be of the same type of construction as those constructed on the south side of Oakbrook Parkway. Section 8-39 of the Code of Ordinances prohibits fences from being constructed in the front yard area. Oakbrook-on-Brookhaven is requesting a variance from Section 8-39 so that they can erect fences extending a maximum of 10 feet into the front yard. Oakbrook is requesting the variance not only for Phase I, but for the balance of the entire project. Mr. Ron Owen, representing Mr. Jim Biddle, presented the request for permission to construct fences within the front yard of the Oakbrook-on-Brookhaven project. He presented copies of the plat showing the proposed fences. 'here wasdiscussion of the request being not only for Phase I, but for the balance of the entire project. It was discussed that the Council should have the right to see what the other plans are before granting the fences for the entire project. There was a discussion of the fencing in of front yards that would be requested , if this request was granted. After more discussion, Councilman Quevreaux made a motion to deny the request of Oakbrook-on-Brookhaven for variance from the fence ordinance. Councilman Binford seconded the motion. The motion carried 4 to I with Council- men Quevreaux, Binford, Flaherty and Linn voting "aye", and Councilman McClung voting "nay". AGENDA ITEM NO. 18. -CONSIDER RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A REPLAT CHANGING THE FIRE LANE EASEMENT IN J.C.WHITTEN SUBDIVISION NO. 2. Mr. J. C. Whitten requested an abandonment of a fire lane easement that was platted last year. The original plat of the J. C. Whitten Subdivision #2 divided the develop- ment into 3 lots and dedicated utility and fire lane easements. Mr. Whitten stated that they have been in the process of dividing the property into two prime lots (Lots 2A and 2B) in order to proceed with the development. He staied that a revised fire lane easement is submitted for consideration and the replatting of the sudivision was approved by the Planning and Zoning Commission. The location of the revised fire lane easement was discussed. After more discussion, a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", adopted a resolution authorizing the City Manager to sign the replat changing the fire lane easement as requested by J. C. Whitten. 1 Page 633. AGENDA ITEM NO. 19. - CONSIDER A MOTION IN FAVOR OF THE REQUEST OF TRANSPORTATION ENTERPRISES FOR ESTABLISHING BUS SERVICE BETWEEN FARMERS BRANCH AND DOWNTOWN DALLAS. Mr. Bill Lowry, representative of Transportation Enterprises, presented a proposal to operate a commuter bus service for the residents of Farmers Branch to downtown Dallas. He stated they propose commuter bus service of two arrivals of the morning to the downtown area of Dallas, and three departures in the afternoon to Farmers Branch. He said they would be non-stop trips. He said tickets would be sold in Farmers Branch on a monthly basis and would be valid for those persons originating in Farmers Branch. Mr. Lowry gave their proposed schedule, which will be: Depart Valley View Shopping Center Arrive in Dallas 6:50 A. M. 7:12 A.M. (Field and Main) 7:15 A.M. (Akard and Main) 7:15 A. M. 7:37 A.M. (Field and Main) 7:40 A.M. (Akard and Main) Depart Dallas Downtown Area Arrive in Farmers Branch 4:00 P.M. 4.33 P.M. 4:40 P. M. 5:23 P.M. 5:20 P.M. 6:05 P.M. Mr. Lowry stated that if the program is successful they would like to add special runs during the day. He said that a market survey had not been made but since their office is near Farmers Branch, they have had several calls for such a service. Mr. Lowry stated the fare would be $27.00 per month. He said with 5 days per week, on a yearly basis it averages to $1.25 for a round trip. He said they would not operate on the 5 major holidays of the year, -New Year's Day, Memorial Day, Independance Day, Labor Day, and Christmas Day. Therewas a discussion on the advantages and disadvantages of having a bus franchise with the City of Farmers Branch. Mr. Lowry stated that normally a percentage of the annual gross receipts tax is paid for a franchise. Mrs. Benita Bell, 12839 Pennystone, asked questions concerning the future plans on the bus service of this company. City Manager Paul West suggested, if the Council desires to have the bus service, that an ordinance be prepared setting forth requirements, such as, insurance, gross receipts tax, rules and regulations normally required, and etc. Councilman McClung stated that there should be a requirement on the qualifications of the equipment and of the personnel driving the buses. Page 634. Councilman Binford questioned the need of bus service. He stated that he would like to have opinions from the public and suggested an opinion poll through the newspapers. Mr. Basil Weaver questioned the location of the bus stops in Farmers Branch. Mr. Lowry stated that if the Council approves their request, they would contact the property owners of the shopping center for permission to use their parking lot. After more discussion, Councilman Linn made'a motion in favor for the request of Transportation Enterprises for establishing bus service between Farmers Branch and downtown Dallas, and authorized the City Manager to prepare a suitable ordinance for the procedures of granting a bus franchise. Councilman Flaherty seconded the motion. The motion carried 4 to I with Councilmen Linn, Flaherty, McClung and Quevreaux voting "aye"., and Councilman Binford voting "nay". Councilman Quevreaux requested Mr. Lowry to submit a letter to the City Manager containing all the information he has discussed in his request, such as, schedules, fares and etc. AGENDA ITEM NO. 21. - PUBLIC HEARING - CONSIDER AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE. Mayor Grimmer opened the public hearing to consider amendments to the Comprehensive Zoning Ordinance that have been recommended by the Planning and Zoning Commission. Councilman Flaherty questioned the reason for change in the Ordinance of Item No. 18, Article 9-602 on page 2 of the amendments. Amendment: (f) Change the 10' in the first sentence to 30'. Change the 5' in the second sentence to 10', and the 10' in the second sentence to be 20'. Amend Appendix, 111.12 to conform as above. Mr. West explained the proposed change would increase the side yard requirements. Councilman Flaherty questioned the change of Item 21, Article 10-101 on page 2. Amendment: Remove the word "multi-family" immediately following the term "MF-3". Mr. Basil Weaver, member of the Planning and Zoning Commission, stated that it was the intent of the Commission, in some cases, to remove the ambiguities and make it more clear to them. There was a discussion of requesting the Planning and Zoning Commission for clarification on amendment Item No. 21. A motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", closed the public hearing. Councilman Quevreaux made the motion to accept the amendments to the Comprehensive Zoning Ordinance that have been recommended by the Planning and Zoning Commission. Councilman Flaherty seconded the motion. The motion carried with Councilmen Quevreaux, Flaherty, McClung and Linn voting "aye", and Councilman Binford abstaining. Councilman Binford abstained because of not studying the entire recommended changes. Page 635. INSERT TO PAGE 635 - BEFORE AGENDA ITEM NO. 21. AGENDA ITEM NO. 20. - CONSIDER ORDINANCE REGULATING BUS SERVICE. This item was deleted. The ordinance will be considered at the June 973 Council meeting. 1 Page 635A. AGENDA ITEM NO. 22. - DISCUSS IMPROVEMENTS TO THE MEDIANS ON JOSEY LANE SOUTH OF VALLEY VIEW LANE. City Manager Pau West requested permission from the City Council to build a left hand turn lane for the northbound traffic on Josey Lane at Randy Lane to turn left into the Farmers Branch Shopping Center. He told of having traffic problems at this intersection. After some discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", authorized the City Manager to build a left hand turn lane for the northbound traffic on Josey Lane at Randy Lane. AGENDA ITEM NO. 23. - DISCUSS TRINITY RIVER AUTHORITY CONTRACT. City Manager Paul West stated, as directed by the City Council, T.R.A. was requested to give the city a written explanation of why the city had no net equity in the present sewage plant, and why they had increased the BOD requirements from 275-ppm to 250 ppm. The letter of answer from T.R.A. was discussed. Councilman Quevreaux questioned the answers to the questions directed to T.R.A.. Mr. West stated that if Farmers Branch decides not to accept the contract, as proposed by T.R.A., he anticipates becoming involved in a dispute with the Trinity River Authority, Texas Water Quality Board, Council of Governments, and the Environmental Protection agency. After more discussion, Councilman Linn made a motion to accept the Trinity River Authority's contract. Councilman McClung seconded the motion. The motion carried 4 to I with Councilman Linn, McClung, Flaherty and Binford voting "aye" and Councilman Quevreaux voting "nay". AGENDA ITEM NO. 24. - CONSIDER AWARDING CONTRACT FOR SALE OF $1,000,000.00 WATER REVENUE BONDS. Mr. Scan Hilger, the City's Fiscal Agent, presented to the Council a bid tabulation sheet of the bids for the sale of $1,000,000.00 City of Farmers Branch Water and Sewer Revenue Bonds. Mr. Hilger reviewed the bids on the sheet that is attached. After some discussion, Councilman Linn moved to adopt the ordinance authorizing the issuance of revenue bonds to Merrill Lynch, Pierce, Fenner and Smith, Inc., - Blyth Eastman Dillonand Company, - Eppler, Guerin and Turner, Inc. , and be awarded at the average interest rate of 5.285925 for sale of $1,000,000.00 Water and Sewer Revenue Bonds. Councilman Quevreaux seconded the motion and all voted "aye". AGENDA ITEM NO. 25. - CONSIDER PURCHASING MICROFILM CAMERA. City Manager Pau West stated that knds'hacl been received and opened for a microfilm camera. Three bids have been received. Eastman Kodak was low bidder in the amount of $3,104.00 for a Model 600 K Camera and meets all specifications. Mr. West stated the camera would be used for microfilming normal size office records that must be kept for a long period of time. Page 636. TABULATION OF BIDS $1,000, 000 City of Farmers Branch, WW & SS Revenue Bonds, Series 1973 (Amount and Name of Issue) Sold: Monday, May 21, 1973 @ 7:30 PM Net Average Interest Interest Firms Bidding Maturities Coupon Premium Cost Rate Merrill Lynch, Pierce, Fenne 1973/85 5.10%O -0- $956,752.50 5.285925 & Smith, Inc. 1986/92 5.20 Blyth Eastman Dillon & Co. 1993/94 5-1/4 Eppler, Guerin & Turner, Inc 1995/96 5.30 1997/98 5.35 1999 2000 5.40 Rauscher, Pierce Sec. Corp. 1973/79 6 97, -0- $983,082.50 5.43139 Columbian Securities Corp. 1980/90 5 %o 1991/94 5.30 1995/96 5-1/2 1997/98. 5.60 1999/2000 5.70 Underwood, Neuhaus & Co.Inc 1973/82 6 %O -0- $994,628.75 5.495186 1983/89 5.25 1990/91 5.30 1992/94 5.40 1995/97 5.50 1998/2000 5.60 First Southwest Company 1973/77 5-1/297, $58.50 $997,312.25 5.510015 Dominick & Dominick 1978/90 5-1/4 Russ & Company 1991194 5-1/2 1995 5.55 1996/97 5.60 1998/2000 5.65 owles, Winston & Co., Inc. Rotan, Mosle, Inc. 1973/80- 1981/86 6 u 5 % -0- $1,000,360.00 5.52685 1987/91 5.30 1992/94 5.50 1995/97 5.60 1998/2000 5.70 First of Texas, Inc. 1973/79 6 % -0- $1,001,935.99 5.535552 E. F. Hutton & Co., Inc. 1980/91 5.30 A. S. Hart & Co. 1992/93 5.40 1994/95 5.50 1996/97 5.60 1998/2000 5.70 After some discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", accepted the bid from Eastman Kodak for the Model 600 K camera in the amount of $3,104.00, as recommended by the City Administration. AGENDA ITEM NO. 26. - CONSIDER ORDINANCE ESTABLISHING RATINGS OF RESTAURANTS. City Manager Paul West presented an ordinance that had been prepared as desired by the Council at the meeting of April 16, 1973 in which the Health Ordinance was adopted. The ordinance establishes a rating system for restaurants. There was a discussion concerning the enforcement of the proposed ordinance. There was a discussion concerning the demerit scores, based on the ratings proposed in the ordinance, of 34 establishments where permit inspections have been completed. After more discussion, Councilman Linn made a motion to table the ordinance presented concerning ratings of restaurants, until possible further reference and further use. Councilman Flaherty seconded the motion. The motion carried 4 to I with Councilmen Linn, Flaherty, McClung and Binford voting "aye", and Councilman Quevreaux voting "nay". AGENDA ITEM NO. 27. - CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR 12" SANITARY SEWER MAIN ON VILLA CREEK DRIVE. City Manager Paul West gave the following information: The sewer. Fine, as shown to Council on a sketch, on'Villa Creek Drive and Ford Road is a portion of a larger project which was referred to as the "SouthenLoop Sewer Main" in the current City Capital Improvement Program. Most of this sewer line has been installed by developers, or installed under developer contracts which provide for repayment to the City as the abutting land is developed. The line has already been installed in Villa Creek Drive to a point east of Metro Boulevard and an extension of the line is being constructed by the developer of Brookhaven Office Park,, eastward from Josey Lane. The construction of the sewer line east of Metro Boulevard to Josey Lane on Villa Creek Drive will complete the "Southern Loop Sewer Main" and will prevent the additional load on the system imposed by continued development from overloading the existing lines in residential areas. The estimated cost of this project is $65,000.00. Mr. West recommended the Council authorize the advertisement for bids for the 12" sanitary sewer main on Villa Creek Drive from east of Metro Boulevard to Josey Lane. After some discussion, a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", authorized the advertisement for bids for a 12" sewer main on Villa Creek Drive as recommended by the City Manager. AGENDA ITEM NO. 26. - CONSIDER AUTHORIZING CONTRACT FOR OIL PRODUCTS. City Manager Paul West stated that bids had been received and opened for petroleum products . He stated they were asked to bid on gasoline and oil products. There were no gasoline bids. Page 637. Three bids were received for the oil products. Mr. West recommended that the Council award the contract for oil supplies, for a period of one year, to Fina Oil Company who is the low total bidder. Mr. West read the description and quantity and the price of the products that was submitted in Fina Oil Company's bid. After some discussion, a motion by Councilman Quevreaux , a second by Council- man McClung, all voting "aye", awarded the contract for oil supplies for the period of one year to Fina Oil Company, the low total bidder. AGENDA ITEM NO. 29. - EXECUTIVE SESSION. A. Discuss Land Acquisition (I City Manager Pau West reported that the city owns a tract of land which was formerly used as a site for a sewage lift station which will be within the right-of-way of the proposed extension of I.H. 635. He said there are no future plans for the use of this station. This property has been appraised and the city has been offered the sum of $4,350.00 for that portion of the tract which is not within the present right-of-way of Forest Lane. There is a total of 9,782 square feet in the tract, of which 4,362 square feet is in Forest Lane which no payment will be made for this land. The offered price is approximately 80.25 cents per square foot for the land which is to be purchased. After some discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", authorized the City Manager to execute the deeds for the sale of this land, as stated above. A. Discuss Land Acquisition (2) City Manager Paul West reported that Mr. Roger Taylor owns the lot located at the corner of Templeton Trail and Valley View Lane, which a portion of his lot is in the right-of-way for the proposed widening of Valley View Lane. Mr. Taylor has accepted the appraiser's value for the required land at 28~ per square foot. Mr. West stated that Mr. Taylor has requested the city to sell him all of the unused right-of-way in Templeton Trail adjacent to his property which will not be incorporated into the present street widening and park plans. After some discussion, a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", authorized the City Manager to sell the excess right-of-way on Templeton Trail, as Mr. Taylor requests, at the same price per square foot as is being paid Mr. Taylor for his property, conditioned that the sale is made after the plans for the park are completed. A. Discuss Land Acquisition (3) City Manager Paul West gave the information that is on the attached sheet. Page 638. F3 F5 ems"" COUNCIL MEMORANDUM From the Office of the City Manager To: City Council Subject: Field Property: Date: May 21, 1973 Executive Session This is the property the Council has authorized the City Manager to purchase from Revenue Sharing Funds. The attached map show the three different tracts owned by the Fields. The tract colored blue contains 3.996 acres and is appraised at $55,000.00 or $13,800.00 per acre. We carry this tract on our Tax rolls for $26,790.00. We recommend an ofter be made for $50,778.00 or $12,700.00 per acre. The tract colored green contains 19.228 acres and is appraised at $173,000.00 or $9,000.00 per acre. We carry this tract on our tax roll for $125,640.00. We recommend an ofter be made for $159,692.00 or $8,300.00 per acre. The tract colored red contains 3.670 acres and is appraised at $45,000.00 or $12,261.00 per acre. We carry this tract on our tax rolls for $23,910.00. We recommend an ofter be made for $41,530.00 or $11,300.00 per acre. We would like to make the above recommended offers and should they not be accepted within fifteen (15) days we would like to have the authority to file in court. LJ -r _ c . a • r; a * AVF GREEXN - S " t LD H' ! N After some discussion, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", authorized the City Manager to make the offers as indicated in the paragraphs for the three tracts of land, owned by the Field Estate, and, proceed with condemnation procedures if the offers are not acceptable within fifteen days. B. Discuss Personnel Matters Appointments to the Library Board After some discussion, Councilman Quevreaux made the motion to reappoint Barbara Glenn, Mary Phelps and Tom McClain to serve on the Library Board for the term of two years, and appointed Monty Larkin to serve on the Library Board for the unexpired term of one year. Councilman Flaherty seconded the motion. The motion carried 4 to I with Councilmen Quevreaux, Flaherty, McClung and Linn voting "aye", and Councilman Binford voting "nay". B. Discuss Personnel Matters Appointments to the Planning and Zoning Commission After some discussion, a motion by Councilman Flaherty, a second by Councilman McClung, all voting "aye", reappointed Joe Byrd, J. C. Foster, Thurmond Williamson and Dick Hutchison to serve on the Planning and Zoning Commission for the term of three years. B. Discuss Personnel Matters Alternate P ace I, Zoning Board of Adjustment and Building Board of Appeals. After some discussion, the appointment of a member for the position of Alternate Place I of the Zoning Board of Adjustment and Building Board of Appeals was tabled until the next Council meeting. OTHER DISCUSSIONS AND REPORTS. City Manager Paul West gave a report on the Panasonic and Honda law suits. There was a discussion on the Eastern Thoroughfare Plan concerning the Brookhaven Junior College property. Mayor Grimmer read and discussed a letter received from Roger Meier dated May 17, 1973. Mr. West reported of the change he had made in the City's organization. Roy Patton has been appointed Assistant City Manager. He said the city being without a Director of Public Works, the division heads would be directly responsible to him. He said that the Garage and Shop Division will be under the supervision of the Director of Finance. There was a discussion of having the Police Department chockbuilding permit cards at places that were under construction. Mr. West gave a report on Mr. Charles Moore's situation concerning'the lake. Councilman Quevreaux reported that he would be able to go to El Paso in June for the T.M.L. meeting. Councilman Linn reported that he would be out of town attending school on June 4, 1973, the next Council meeting. Page 639. AGENDA ITEM NO. 30. - ADJOURNMENT. Upon a motion by Councilman Mc-C ung, a second by Councilman Quevreaux, all voting "aye", adjourned the City Council meeting of May 21, 1973 at 12:04 A.M. . Mayor G&6rgd'--1$'. Grimmer - 1, a) W74X City cretary J. W. Wade 1 Page 640.