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1979-10-15 CC Minutesr i CITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING OCTOBER 15, 1979 Council Chamber Police Building The following members of the City Council were present: Mayor Bill Binford Mayor Pro Tem John Dodd Councilmen: Fred Johnson Pat Haggerty Herb Weidinger Councilman Ken Quevreaux The absence of Councilman Quevreaux was recognized and excused for he was away from the city on business. The following member of the City Council was absent: The following members of the City Administration were present: City Manager Paul M. West City Secretary J. W. Wade City Attorney John Boyle Recording Secretary Ruth Ann Parish Mayor Binford called the City Council meeting of October 15, 1979 to order at 7:30 P.M.. AGENDA ITEM NO. A.1-INVOCATION. Council man Fred Johnson gave the invocation. MAYOR BINFORD RECOGNIZED AND WELCOMED BOY SCOUT TROOP NO. 835 OF THE UNITED METHODIST CHURCH. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES After some consideration, a motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", approved the minutes of the Special Meeting of September 24, 1979 with the following corrections: Page 116 of Vol. 31, let the record show that Pat Haggerty was in attendance at the meeting; and also on Page 116, under Item No. 2, let the first sentence of paragraph three read: 'Councilman Haggerty questioned discrepencies of the questionnaire and the contract.' Aftersome consideration, a motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye", approved the minutes of the :regular meeting of October 1, 1979 with the following correction: On Page 1 of Vol. 32, let the record show that Mayor Pro Tem Dodd's absence was recognized and excused for he was away from the city on city business. AGENDA ITEM NO. BA-PRESENTATION OF SERVICE AWARDS. Mayor Bin or presented a 20 year service award to Ben James of the Police Department; a 15 year service award to Norman Sloan of the Street Division; and, a 5 year service award to Sherman Presley of the Street Division, for their years of service to the city. Vol. 32, Page 14. AGENDA ITEM NO. B.2-PRESENTATION OF BOARD APPLICATIONS TO CITY COUNCIL. Mayor Bin or explained that this item is placed on the agenda o eac meeting in order to give anyone who would like to serve on an advisory board or commission an opportunity to meet and address the City Council. Mr. J. R. Williams,residing at 13424 Tom Field Road in Farmers Branch, presented an application to the Council desiring to serve on the Farmers Branch Hospital Authority Board of Directors. AGENDA ITEM NO. B.3-PRESENTATION OF SLIDE PROGRAM. The slide program was not shown because o malfunction of equipment. AGENDA ITEM NO. B.4-PRESENTATION OF LIBRARY BOARD REPORT. This item was placed on the agenda at the request o Councilman Dodd. Councilman Dodd introduced the following members of the Library Board that were present: Chairperson Nancy Farmer, Florence Mason, Sally Booty, Marla Sweet, Dorothy Leckie, and Francis Glancy. Tommy Rowell who is also a member but not present was recognized. Councilman Dodd explained that he had met with the Library Board and had come up with a recommendation on some guidelines for the Board to follow. Councilman. Dodd reviewed the guidelines and the questions and answers that had been discussed with the Board. A copy of the guidelines discussed is attached to these minutes. Councilman Dodd presented two recommendations to the Council for consideration. Mrs. Nancy Farmer, Chairperson of the Library Board, gave a status report of library accomplishments for the 1978-79 year. Mrs. Farmer spoke in concern for the lack of space at the library, and in favor of having a marque sign at the libary to advertise activities; After some discussion, Councilman Dodd made a motion to approve the booklet with the guidelines with staff corrections or additions as may be needed; and the following items: (1) A marque sign on a green knoll to publicize events of the library; (2) Steps from the parking lot to the street; (3) The eagle pole to be shortened and pole painted building color; and, (4) A photo contest to be an annual event at the library. And, that these items be studied further by the City Staff and implemented as soon as possible, with funding coming from the Hotel/Motel Tax. Councilman Weidinger seconded the motion. Councilman Haggerty asked to amend the motion to include that the City Staff present to the Council as soon as possible a recommendation on a study for the expansion of the library. Councilman Dodd and Councilman Weidinger accepted the amendment. The motion carried unanimously. AGENDA ITEM NO. 8 TAKEN OUT OF SEQUENCE. Councilman Johnson made a motion to take out of agenda order and discuss Agenda Item No. 8 at this point in the meeting. Councilman Dodd seconded the motion. The motion carried 3 to 2. Councilmen Johnson and Dodd voted "aye", Councilmen Haggerty and Weidinger voted "nay", and Mayor Binford voted "aye" breaking the tie.. Vol. 32, Page 15. D U T I E S 1. Communications between the Library Advisory Board and the City Council are to be on a regular basis, 2. The Library Board will not function in areas the Council itself does not function. 3. The Library Board will adopt its own methods of business and agenda information. 4. The Library Board will not { handle administrative matter whether at Board meetings or through other contacts. 5. The Board members will work closely with and support the Council in the long range planning for our Library System. b. This Board must remember the Council is responsible for the final decision as they are the elected representatives, and they are the ones being held respon- sible for their decisions by the residents of Farmers Branch. 7. The Library Board will function according to the following general guidelines: a. Interpret the importance of community { recreation program to the council. b. Make recommendation to the council to insure the highest quality and stand- ards of recreation services. c. Make recommendation to the council on methods of solving problems. d. The board will operate as a medium for screening community suggestions. AND O B L I G A T I O N S e. Make recommendation as to the recreation needs and services of the city to the city council. f. Board members are to represent the Library Board at official city occasions. g. Keep up with improvements and developments in the field of library services through occasional visits to facilities, other cities, and by reading library publications. h. Recommend to the city council a priority list of expenditures from the approved budget for the Library for facilities and activities. i. The board will communicate with the Library Services Director as their resource person to answer their questions and to furnish data that is on file. j. Board members will refer a complaint to the LibraryDirector, then to the city manager and then to the city council. ~ r r AGENDA ITEM NO. 8-CONSIDER PLANS FOR DAM ON FARMERS BRANCH CREEK AT MARSH LANE. Mayor Bin or opened the discussion. At the City Council meeting of October 1, 1979, the Council requested a meeting with the Wooded Creek property owners to discuss the removal and/or replacement of the dam at Farmers Branch Creek and Marsh Lane. Information on Alternative proposals were sent to the property owners for this discussion. The present dam lies exactly where a new bridge is to be constructed for the northbound traffic therefore a decision is needed whether to replace or relocate the dam. The following five alternatives have been suggested: 1. Place dam approximately 60' downstream from the existing bridge on March Lane. 2. Place dam just west of the existing bridge on Marsh Lane. 3. Place dam approximately 90' upstream from the existing dam. 4. Place dam approximately 230' upstream from the existing dam. 5. Not to replace the dam. Mayor Binford explained that upon discussion with Mr. Deon Holt of Brookhaven Community College on this day, an Alternate No. 3A may be a solution. The College is willing to dedicate the rights-of-way and park area to the city along the creek just west of Marsh Lane. Also, the College has allocated $20,000.00 to assist in the relocation of the dam. Rights-of-way along the creek from Marsh Lane will provide access to maintain the dam and creek area. For this alternate, the dam would be placed approximately 90' upstream from the existing dam. City Manager Paul West added that right-of-way will be needed from the property owners on the north side for property that is under- water in the creek. The following spoke in the discussion: Mr. Ed Bufkin, 3724 Wooded Creek, expressed that he did not think the dam should be replaced for it was not needed. Mr. Bufkin expressed appreciation to the City for helping residence along the creek to get more use of their land from the flood plain. Mr. Jim Lyon, 13804 Wooded Creek, questioned whether the dam could be incorporated in the contract for the bridge. He stated that he would like to see an engineering proposal that would include the dam with the bridge contract. Mr. Lyon spoke in favor of having a dam, and leaving it at the same location. Mr. Bob Irvin, 13834 New Bark Circle, spoke in favor of replacing the dam but opposed a public park across the creek from his home. Mr. Irvin suggested another meeting of the home owners and City Staff to discuss this consideration since the park has become involved. Mr. Deon Holt, representing Brookhaven Community College, stated that eventually as part of the master plan of the College, a zone in the northwest quadrant of the campus is planned for a nature study type area. This area could be developed into an educational and nature study park for botanical research, such as trees, birds, wild plants, etc. Mr. Holt stated that the college had no intention Vol. 32, Page 16. of this area being a recreational park. Mr. Holt stated that the College Board of Trustees did allocate and set aside the maximum of $20,000.00 to assist in the relocation of the dam because a small lake would be a very nice asset to include as part of the potanical nature study area. Mr. Holt spoke in favor of Alternate #3 and of the concept of having a path- way that would cross the dam and eventually tieing into paths along Marsh Lane leading into the campus of the college. Mr. John Boehm, 13802 Wooded Creek, spoke in favor of Alternate #3. Mr. Boehm requested approval of the construction of a retaining wall across the back of his yard just outside the utility easement to stop the erosion problem; and for a retaining wall along Marsh Lane screening his property from the street. Mr. Boehm requested these two items in exchange for right-of-way needed from his property for the construction of the dam. Mr. Chuck Reichert, 3714 Wooded Creek, spoke in favor of Alternate #3 and liked pathway system in Alternate #2. Mr. Howard McCracken, 13706 Tanglewood, spoke in favor of Alternate #3. Mr. Ronald Burns, 3718 Wooded Creek, asked if the water level would remain the same in Alternate #3. Mayor Binford replied that the water level would remain the same. Mr. Paul Fartaglia, 12414 Veronica Circle, asked if building this bridge and replacing the dam would affect the property in the flood plain downstream. Mayor Binford replied that this would not affect the property downstream. Mr. H. G. Doyle, 3720 Wooded Creek, spoke in favor of Alternate #2 because of the pathway system and of the aesthetic appearance as you drive over the bridge. Mr. Doyle asked if a master pathway system had been prepared for the city. Mayor Binford replied that a pathway system is being drawn up by the staff but is not completed. Mr. J. J. Hawn, 3252 Brookhaven, asked if the elevation planned for replacing the dam is the same as the existing dam. Mayor Binford replied that the elevation will be the same. The Council held discussions relating to the alternate proposals; the construction of the dam and responsibility of maintaining the dam; the College proposal; and, pathway system for Marsh Lane tieing in with the system of the College, Councilman Dodd made a motion to proceed with what has Alternate #3A with the following conditions: 1. The extent of the park, 2. Meets and bounds description of that portion of the where the property owners will be involved with, 3. The Engineering study determining where the silting will be involved because that: is what the city will have 4. A contract with Mr. Boehm, 5. A contract with the College, 6. That this dam be put back as soon as possible. The motion died for the lack of a second. been labeled creek property ramifications to maintain, Vol. 32, Page 17. 0 After some discussion regarding to studying further the College proposal before making a decision, Councilman Weidinger made a motion to table this item for further study. Councilman Dodd seconded the motion. The motion carried 3 to 1 with Councilmen Weidinger, Dodd, and Haggerty voting "aye", and Councilman Johnson voting "nay". The motion carried 3 to 1 with Councilmen Dodd, Weidinger and Haggerty voted "aye", and Councilman Johnson voted "nay". Councilman Dodd made a motion to have the report back on the status of the replacement of the dam, the park, rights-of-way needed, etc. at the next Council meeting on November 5, 1979. Councilman Weidinger seconded the motion. AGENDA ITEM NO. CA-CONSIDER POSSIBLE LEGISLATION CONCERNING HOME- STEAD EXEMPTION. This item was placed on the agenda at the request of Al Korioth, Chairman of the Legislative Committee of the Farmers Branch Business Chamber of Commerce. Mayor Binford left the room. Mayor Pro Tem Dodd presided. Mayor Pro Tem Dodd called Al Korioth to present the proposal. Mr. Korioth presented and explained possible legislation whereby any city, school district, town or other political subdivision that receives less than 50% of its ad valorem taxes from residence home- steads has permissive rights to lower the ad valorem tax on homesteads up to 50% each year; provided there is not a raise in the tax rate. Mr. Korioth explained that th.ia legislation can help the homestead owners in Farmers Branch. This year the taxes could have been 38% on the homesteads in Farmers Branch had this legislation been in effect. If Farmers Branch had had this three years ago then this year the ad valorem taxes could have been altogether eliminated on homesteads. This is also based on percentages of taxes paid by homestead owners. Mr. Korioth explained that even though businesses would be paying the taxes they too would benefit by offering a benefit to their employees when owning a home in Farmers Branch. Mr. Korioth stated that this idea has been discussed by some legis- lators but never could be simplified where it could be understood. Mr. Korioth reviewed the proposed legislation that he had prepared. Mr. Korioth requested support from the Council on the proposed legis- lation and aid by the Council to present to the Texas Municipal League. Mayor Binford returned to chair the meeting. Discussions were held between Mr. Korioth and the members of the Council relating to percentage of cities that would be in a position of benefiting from this proposal; percentages on homestead exemption provided in legislation when passed; businesses subsidizing homeowners; and of possible opposition from the larger industries. Vol, 32, Page 18. Councilman Dodd made a motion that the suggested act be put in resolution form from the City of Farmers Branch and be taken to the Texas Municipal League and acted upon before the next legislative session. The motion died for the lack of a second. Councilman Johnson stated that he had rather see reduced service fees offered to the citizens. Councilman Haggerty stated that he perferred the existing tax system and would be in favor of cutting the franchise taxes. Councilman Dodd stated he would take the proposal to the Texas Municipal League since he was on the resolution committee. Mayor Binford pointed out that the proposal may take a constitutional amendment since it related to taxes. Mr. Korioth stated he would be moving forward with this piece of legislation and will take it-to the Governor's staff because the Farmers Branch Business Chamber of Commerce believes in it. AGENDA ITEM NO. C.2-CONSIDER REOUEST FOR SITE PLAN APPROVAL FOR THE 11Y1L1t..11171u 1111.:, 1114 1 J.:1 IN-) llV1V Vl' VLILJ JL:11 V L"VV U LILJ EIL11.1 Mayor Bin or e t t Fie room. Mayor Pro em Do presided. Mayor Pro Tem Dodd gave the following information from a memo to the Council from the City Administration: Farmers Branch Bank is proposing a temporary facility for the property located along the south side of Valley View Lane near the intersection of Interstate Highway 35E service road. The property is panhandled shaped and lies immediately west'of the Exxon service station at the southwest corner of Valley View Lane and Interstate Highway 35E. The site plan indicates the building location and parking areas. The City Zoning Ordinance now requires a 30' set-back along major thoroughfares in Light Industrial Zoning Districts. The Ordinance requires the 30' set-back to be kept free and clear of parking areas and other paved surfaces. Farmers Branch State Bank proposes to use the 30' set-back area on a temporary basis for parking and access drives. The Planning and Zoning Commission recommends that the site plan be approved with the following conditions: 1. A landscape plan be prepared for the 10' strip along Valley View and be brought back to the Planning and Zoning Commission for approval prior to a Certificate of Occupancy being issued for the temporary structure. 2. The site plan be labeled temporary site plan for use through July 1, 1981 only. 3. The parking lot and drive areas to be labeled temporary pavement only. Vol. 32, Page 19. Mr. Al Korioth, representing Bill Cook Associates, presented the request for the Farmers Branch State Bank site plan approval. Mr. Korioth reviewed the recommendations of the Planning and Zoning Commission. A landscape plan for the 10' strip along Valley View will be submitted to the Planning and Zoning Commission at their next meeting for consideration. The Building Code Board of Appeals had granted a variance to the Building Code to allow the construction of the temporary building. The variance expires on July 1, 1981. Mr. Korioth explained that the permanent building may not be completed by this date. He also pointed out that the Bank proposes to use 20' of the 30' set-back area for the temporary facility parking. Mr. Korioth stated that the temporary facility will be placed on the far west side of the property so the construction of the permanent building will not interfere with the banking of the temporary facility. Parking areas were pointed out by Mr. Korioth. Mr. Korioth described the construction of the temporary facility. Mr. Harold Wilson, president of the proposed bank, stated that plans for the permanent structure had not been finalized and he did not believe construction would be completed by July 1, 1981. Mr. Korioth stated that the construction of the temporary building will be completed in mid-February. Discussion were held relating to the time limit for the temporary facility; the inforcement of violation of the Building Code if the condition of the time limit for the temporary facility was not complied with; parking areas; and, the safety and security of the temporary facility. A motion by Councilman Haggerty, a second by Councilman Johnson, all voting "aye", approved the site plan for the temporary building for the Farmers Branch State Bank as recommended by the Planning and Zoning Commission with the following three conditions: 1. That a landscape plan be prepared for the 10' strip along Valley View Lane and be brought back to the Planning and Zoning Commission for approval prior to a Certificate of Occupancy being issued for the temporary structure. 2. That the site plan be labeled temporary site plan for use through July 1, 1981 only. 3. That the parking lot and drive areas to be labeled temporary pavement only. and with emphasis on the July 1, 1981 date for expiration date of the temporary facility. AGENDA ITEM NO. C.3-CONSIDER REQUEST FOR REPLAT APPROVAL OF THE FARMERS BRANCH BANK ADDITION. Mayor Pro Tem Dodd gave the following information from a memo to the Council from the City Administration: The property of the Farmers Branch Bank Addition is located within a PD-24 (LI) zoning district. The property is located on the south side of Valley View Lane just Vol. 32, Page 20. east of Interstate 35E. The property is being platted to create a building site for a temporary banking facility. This plat has been reviewed by the Engineering Division and complies with all requirements for a final plat. The Planning and Zoning Commission recommended that the plat be approved. A motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye", approved the plat of the Farmers Branch Bank Addition as recommended by the Planning and Zoning Commission. Mayor Binford returned to his chair and presided over the meeting. Mayor Pro Tem Dodd stated that Mayor Binford left the room while the last two considerations were being discussed because he had an interest in the items. AGENDA ITEM NO. C.4-DISCUSS CABLE TELEVISION. This item was placed on the agenda at the request of Shelly Katz, 3558 Chellen Drive. Mr. Katz was not present for the discussion. Mayor Binford gave an up-to-date report from the City Staff on Cable Television. The City Staff has been investigating the four applications received for a franchise; and, future benefits to Farmers Branch for having cable television. The Task Force has visited and are planning to visit more cable television companies. The Task Force would like to know the following from the Council. 1. Should the city continue receiving applications for consideration? 2. Should the city complete the investigation of the four existing applicants and submit the report? 3. Is there a definite time schedule for this report to be completed? After some discussion, Councilman Weidinger made a motion instructing the City Administration to present the report on cable television to the Council by December 3, 1979. Councilman Haggerty asked to amend the motion that November 20th be the cut off date for receiving applications for franchise. Councilman Weidinger accepted the amendment. Councilman Dodd seconded the motion. The motion and amendment carried unanimously. AGENDA ITEM NO. C.S. CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED IN PD-21 MF-2 AT THE SOUTHEAST CORNER OF OAKBROOK 1 AL\L\VV L" L1 l1 VL7-LLY L-- . Mayor Bin ford state that the Planning and Zoning Commission had not made a recommendation to the City Council on this item. The Council will consider this at a later date after receiving a recommendation from the Planning and Zoning Commission. Vol. 31, Page 21. AGENDA ITEM NO. C.6-CONSIDER REQUEST OF REPLAT APPROVAL FOR FOURTH INSTALLMENT OF METRO SQUARE, PHASE II. Mayor Bin or gave the following information from a memo to the Council from the City Administration. Metro Square, Phase II is located within a PD-2 (LI,O) Zoning District. The property is located on the east side of Ford Road, just north of Villa Creek Drive. The pro- perty is being replatted to realign the proposed College Drive, which is located at the north end of this property. This plat has been reviewed by the Engineering Division and complies with all requirements for final plat. The Planning and Zoning Commission recommended that the replat be approvec A motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", approved the replat of the Fourth Installment of Metro Square, Phase II, as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. C.7-PUBLIC HEARING: TO CONSIDER AMENDING THE THOROUGH- FARE PLAN WEST OF IH 35. Mayor Binford opened the public hearing. This was requested by Wood- bine Development Corporation for their Valwood Park Development. Ordinance No. 1270 requires that a public hearing be held and that all contiguous property owners be notified. Letters were sent to 37 property owners. Approval of this requested amendment in the Thoroughfare Plan effectively provides for approval of the develop- ment concept for this property, although several factors affecting this development remain unresolved. These questions should be set out and agreed to by both the developer and the city as a part of the Developer's Contract. This Developer's Contract has not been finalized and executed at this time. The following spoke in the discussion. Mr. Ron Richards, representing Hunt Investment Corporation, presented a request for amending the Thoroughfare Plan in order to proceed with the concept of the Valwood Park Addition. Valwood Park Addition is a proposed Industrial Park with most of the property being located west of the Chicago, Rock Island and Pacific Railroad and north of Cooks Creek within the City of Farmers Branch. The property is being developed to incorporate industrial buildings, warehouses, and office/showroom buildings into the large industrial park. Mr. Richards displayed renditions of the proposal and of the existing Thoroughfare Plan. Detailed description of the changes to the Thoroughfare Plan was given by Mr. kichards. A copy of the proposal is attached to these minutes. Mr. Dave Blair of Blair Engineering on Valwood Parkway asked if the proposal would be close to his property. Mr. Richards pointed out plans for development in the area of Mr. Blair's property. A discussion was held between Mr. Richards and the members of the Council relating to the proposal; proposed bridges over Senlac and Hutton Drives; and of making Hutton Drive and Senlac Drive south of Cooks Creek a 4 lane divided street instead of a 6 lane as in Thoroughfare Plan. Vol. 32, Page 22. n I~ I 1t \ \ \ S GRAPHIC SCALE VAC_WOODncscA PA y CITY LIMIT LINE 63' --`Cwa I I -I~ ' 1 i 5 I R _+.E C 3E.o+•_ox511J. I'.-63 W - - -4 - I 0 I I I - I > I6L HR r3L.HB I Q I W' I I. I W I a I 11 I 2 > l I I -j wIII, I HH I U. o, . I r I, Iil I i~ W i Z I~ ! I~--. a Q I W_ I N W I O tI~ I ss !I `4 N O I z I ILL! I > I oP~ e! 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HT IN- iamb 2CN11D NO-r- 'Z~ LEGEND Y L~ --PITY LIMIT LINE ^-BOUNDARY-VALWOOD PARK SITE BOUNDARY- OFFSITE STREET DEDICATIOI AND IMPROVEMENT Q DEVELOPMENT CONCEPT gal. w' A~~t PLAN VALWOOD PARK - FARMERS BRANCH, TEXAS V HUNT INVESTMENT CORP-]zL:, 1A-AA bo,A v iE~-E wPEP ,a R 3 a. . ---FUTVRE IMPROVEMENT - ON S,TE -FI RE :-RCVEMENT-CFF SITE ----STREET RIGHT-OF-WAY L'NE STREET FAVEMENT LINE-OFF S,TE RAILROAO RIGHT-OF-WAY LINE --RAILROAD TRACK LINE ORA,NAGE SUMP _INE EASEMENT LINE -------9uILJN', SETBACN - NE RL I 8L BUILDING SETBACK He HEIGHT OF BJIL L,NG 1 II ) ~II y I _ LEGEND 6 LANE DIVIDED ROADWAY 4 LANE ROADWAY APPROVED BY CITY COW IL JULY 181911 '004 "cr t" 1 CI 1 Y YI j J ✓ ATTESTED ~'f~st~ sCc(Rlly ~ FI R AD ^17SS 4{`i N' I 1I Mr. Richards stated they would participate 50% Of cost of a bridge over Cooks Creek on Senlac Drive provided the city would permit Senlac Drive to become a 4 lane street south of Cooks Creek; and participate 100% of cost of a bridge over Cooks Creek on Hutton Drive provided it becomes a 4 lane divided thoroughfare. Mr. Richards stated that the bridges could be a provision in a Developer's Contract. Mr. Larry Craddock of Thermalloy Inc. questioned plans for widening Senlac Drive. Mr. Craddock was concerned about Senlac being widened to 6 lanes. Mr. Craddock stated that a 6 lane street would cause the street to come right up to the loading docks of Thermalloy. He stated that they have no objection to a 4 lane undivided but a 4 lane divided street would cause them problems. Mr. Don Smith of Enersyst, Inc., located across the street from Thermalloy, agreed with Mr. Craddock. The proposed 6 lane street would take most all of his parking area. Mr. Craddock asked the Council to table the decision for Senlac_ on the south side of the levee in order for him and Mr. Smith to work with the City Staff and see what can be worked out. Mr. Bill Thompson of Thompson Development plans for his proposed development plans of Valley View. The plans included Senla to be a 4 lane undivided street. There being no one else wishing to speak, Johnson, a second by Councilman Dodd, all public hearing. and Management described for the property south c south across Valley View a motion by Councilman voting "aye", closed the After some discussion relating to the design for the Senlac bridge, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", amended the Thoroughfare Plan for the [.western Industrial District as proposed by Mr. Richards with the exception that it would include a 4 lane bridge with a 4' divider over Cooks Creek on Senlac Drive; and that Senlac Drive south of Cooks Creek be improved into a 4 lane carrying capacity,with the configuration to be determined at a later date. Councilman Johnson stated that the Developer's Contract can provide that the developer participate to the extend of 50% of the cost of the bridge on Senlace over Cooks Creek; and the developer to participate 100°,0 of the cost of the bridge at Hutton Drive over Cooks Creek and including the improvements of Hutton Drive south to Valley View Lane. AGENDA ITEM NO. C.9-CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED E ST OF METRO BLVD. ETMEN VIL EK DRIVE ND I'Di IN InE rv-G GViV11,4u 1J1J11 IUI. Mayor Bin or gave the o owing information from a memo to the Council from the City Administration: The site plan was presented to the City Council on October 1, 1979. The Council tabled any action on this item and continued the item until the October 15, 1979 meeting. Vol. 32, Page 23. The Council asked that an elevation plan be presented showing the impact of the building on the residential neighborhood. The Council also directed that all single family residents south of Farmers Branch Creek be notified of the Council meeting of October 15, 1979 to review the site plan. All residents south of Farmers Branch Creek, approximately 75 property owners, were notified. The site plan is for a ten story office tower with a three level parking garage to be located east of Metro Blvd. between the LBJ Service Road and Villa Creek Drive. The site plan also indicates landscaped areas. Mr. Steve Elliott of 12900 Preston Road in Dallas presented the request for the site plan approval. Mr. Elliott stated that he had been instructed by the Council at the last meeting to do a study showing the elevations of the ten story building to that of the residential properties north of the proposal. Mr. Elliott stated that a traffic pattern study had been done on handling the traffic that would be created by the project. Mr. Elliott called on Dennis Peck to explain the elevation and traffic studies. Mr. Dennis Peck explained that aerial photos were taken from various views of the proposed building site from the residential area. The photos were displayed and discussed. Mr. Peck stated that the proposed building would not detract from privacy of the residential area. Mr. Peck explained the traffic pattern study for handling the traffic of the project. Mr. Peck told of plans by the City of Dallas for the improvements for streets around L.B.J., Forrest Lane, Denton Drive and Harry Hines Blvd. Mr. Peck stated that Baldwin-Harris has plans for street improvements for their development located west of Metro Square. Mr. Fritz New of Baldwin-Harris described plans for improving streets of Villa Creek over to Denton Drive, the extension of L.B.J. Service Road across the railroad tracks at Denton Drive; and, the intersection of L.B.J. & I.H.35E. Mr. New reported that Baldwin and Harris has started a traffic study for this area that should be completed in the first quarter of next year (1980). Mayor Binford reported that the Planning and Zoning Commission recommended that the site plan be approved. Mr. William E. Morgan, 2831 Bay Meadow, opposed the ten story building proposal because of the visibility- of the building from the residential area and of added traffic on Josey Lane. Mr. Jeff Carter, 2824 Bay Meadows, opposed the proposal of the ten story building. Mr. Carter stated that there was already a problem with traffic on Villa Creek and Josey Lane. He opposed the visibILity•• of high rise buildings from his home. Vol 32, Page 24. Mr. Wilbert Hermes, 2828 Sunny Hill, opposed the proposal. He stated that traffic will be added and it was almost impossible now to get out on Josey Lane going north or south during the rush hours. Mr. Peck distributed a second traffic study that was done showing traffic flows when the extension of Villa Creek and the L.B.J. Service Road is accomplished. Mr. Al Korioth, 2772 Bay Meadows, stated that he believed that the citizens in the area would not be pleased with any building over the height of the Summit Hotel. After some discussion of traffic congestion in the area, existing and future problems, and of the site of high rise buildings from residential areas, Councilman Johnson made a motion to disapprove the site plan. Councilman Weidinger seconded the motion. The motion failed 3 to 2. Councilmen Johnson and Weidinger voting "aye", Councilmen Dodd and Haggerty voting "nay", and Mayor Binford voting "nay" breaking the tie. After some discussion of the proposal being screened from the residential area by apartments, Councilman Dodd made a motion to approved the site plan as requested by Mr. Steve Elliott for the property located east of Metro Blvd. between Villa Creek Drive and L.B.J. Freeway, as recommended by the Planning and Zoning Commission. Councilman Haggerty seconded the motion. The motion carried 3 to 2. Councilmen Dodd and Haggerty voted "aye", Councilmen Johnson and Weidinger voted "nay", and Mayor Binford voted "aye" breaking the tie. AGENDA ITEM NO. C.10-DISCUSS ORDINANCE NO. 1219 PROVIDING THE SALE OF FIREWOOD. Mayor BB nord gave the following information from a memo to the Council from the City Administration: This item was placed on the agenda at the request of M. J. Muesse. Mr. Muesse is the owner of Arentco Rental and Sales at 14030 Harry Hines in Farmers Branch. Mr. Muesse is also a partner in A & J Salvage at 14030 Harry Hines. A & J Salvage has been directed to remove firewood from their property. Mr. Muesse feels that the Ordinance allowing firewood sales only from November through March of the following year is unfair. Mr. M. J. Muesse, 13210 Mitchwin, was present requesting that Ordinance No. 1219 be amended to allow more time to sell firewood. Mr. Jack Deleport, General Manager of the Garden Station, was also present in support of Mr. Muesse's request. After some discussion of timelimit for selling firewood, a motion by Councilman Dodd, a second by Councilman Weidinger, all voting "aye", instructed the City Administration to prepare the appro- priate Ordinance to permit the selling of firewood from September 1 through February 28th. Vol. 32, Page 25. AGENDA ITEM NO. C.11-CONSIDER ORDINANCE NO. 1265 INCREASING NUMBER OF FARMERS BRANCH HOSPITAL AUTHORITY BOARD OF DIRECTORS. This item was placed on the agenda at the request of Mayor Pro Tem Dodd. Mayor Pro Tem Dodd presented proposed Ordinance No. 1265 that will increase the membership to nine on the Farmers Branch Hospital Authority Board of Directors. With 9 members on the Board, 4 will be appointed by the Council. After some discussion, a motion by Councilman Dodd, a second by Councilman Haggerty, all voting "aye", adopted the following captioned Ordinance No. 1265: AN ORDINANCE OF THE CITY OF FARMERS BRANCH AMENDING ORDINANCE NO. 1087, SECTION 2, ENLARGING THE BOARD OF DIRECTORS OF THE FARMERS BRANCH HOSPITAL AUTHORITY AND DECLARING AN EMERGENCY. AGENDA ITEM NO. C.12-CONSIDER GAS UTILITY DOCKET 1813-INTERVENTION. Mayor Binford gave the following information from a memo to the Council from the City Administration: Texas Power and Light Company requests the City of Farmers Branch to intervene in the Texas Railroad Commission Docket #1813. Docket #1813 is an application of Gulf Oil Corporation to increase the cost of natural gas from $.22 per MCF to $1.25 per MCF. This request is not only for future gas sold for electric generation but also request the charge be retroactive. Should the Railroad Commission approve the request it would increase the fuel adjustment charges retroactively by approximately $16.5 million. It could have a possible future liability of approximately $18.5 million. The intervention was required to be filed by October 12, 1979. The City Attorney has filed this intervention. It is anticipated that cities served by Texas Electric Service will file intervention. It is anticipated that a combined effort will be made before the Railroad Commission by Texas Power & Light, Texas Electric Service and cities served by both companies. Should the City Council desire to continue this intervention a motion to ratify the intervention filed by the City Attorney is needed; however, if it is the wish of the Council not to proceed with the intervention the City Manager should be so instructed and a request made to the Railroad Commission to remove the City of Farmers Branch from the intervenors. A motion by Councilman Haggerty, a second by Councilman Dodd, all voting "aye", ratified the intervention with the Texas Railroad Commission Docket #1813 filed by the City Attorney. AGENDA ITEM NO. D.1-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR MATERIALS FOR TWO ATHLETIC FIELDS. motion by Councilman Do , a second by councilman Weidinger, all voting "aye", authorized the advertisement for bids for lighting materials to light the Southwest and Northeast Pie Ball Fields at the Athletic Complex. Vol. 32, Page 26. MAYOR BINFORD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS THE COUNCIL MEETING WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE. EXECUTIVE SESSION. 4RTICLE 6252-17, OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. E.1-EXECUTIVE SESSION. An Executive Session was held relating to Personnel Matters . THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA-ITEM NO. E.2-NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Counci man Dodd, a second by Councilman Weidinger, all voting "aye", reappointed Robert Collins (as Place 3), Leslie Farmer (as Place 4), and Nicholas Korba (as Place 5) to serve on the Dangerous and Substandard Building Code Board of Appeals for a term to expire August 15, 1981, conditioned upon acceptance of the appointment. Councilman Haggerty made a motion to appoint Joe Dingman to serve as Place 9 on the Farmers Branch Hospital Authority Board of Directors for a term to expire December 1, 1981. Councilman Weidinger seconded the motion. The motion carried 3 to 1. Councilmen Haggerty, Weidinger and Dodd voted "aye", and Councilman Johnson voted "nay". A motion by Councilman Weidinger, a second by Councilman Haggerty, all voting "aye", appointed J. R. Williams to sit in as an observer on the Farmers Branch Hospital Authority Board of Directors for the eventual replacement of Jim Upfield who is to resign in December, 1979. Mr. Williams' term is to expire December 1, 1980. A motion by Councilman Weidinger, a second by Councilman Haggerty all voting "aye", appointed John Dodd as the representative from Farmers Branch to serve on the 41 Member Tax Appraisal Board. AGENDA ITEM NOS. E.3 AND E.4-NO NECESSARY ACTION NEEDED. AGENDA ITEM NO. F.1-ADJOURNMENT. A motion by Councilman Jo nson, a voting "aye", adjourned the City at 12:25 A.M.. second by Councilman Haggerty, all Council meeting of October 15, 1979 Mayor Bil Bin or ity Secretary - Assistant Vol. 32, Page 27.