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1969-09-15 CC Minutes1 CITY OF FARMERS BRANCH MINUTES OF A REGULAR MEETING CITY COUNCIL September 15, 1969 7:30 P. M. All :members of the City Council were present: Mayor Mayor Pro-Tem Counc ilmen City Manager City Attorney City Secretary W. C. Roberts, Jr. George G. Grimmer John D. Helms Al Korioth Ed Schedler, Jr. W. R. Linn Dennis Spellmann H. Louis Nichols Ruth Ann Parish Mayor Roberts called the meeting to order. Councilman Helms gave the invocation. APPROVAL OF MINUTES Minutes of September 2, 1969 were not discussed. 7:30 P.M. - PUBLIC HEARING DATE SET - PROPERTY BETWEEN WEBB CHAPEL AND JOSEY LANE ADJACENT TO L. B. J. FREEWAY Upon a motion by Councilman Schedler, a second by Councilman Korioth, set the date of October 6, 1969 at 7:30 P. M. for a public hearing on property located between Josey Lane and Webb Chapel Road, adjacent to and north of L. B. J. Freeway, being presently zoning PD#14 (MF-2, 0). The motion carried 3 to 2 with Councilmen Schedler, Korioth, Helms voting "ayes" and Councilmen Linn, Grimmer voting "nay". The Council had asked the Planning and Zoning Commission to hold a public hearing for the purpose of determining whether or not the zoning classification should be changed. The Planning and Zoning Commission has held their meeting and after consideration, their recommendation was that no change be made. ORDINANCE NO. 817 - SPECIFIC USE PERMIT - SPECIAL DAY CARE SCHOOL Upon a motion by Councilman Schedler, a second by Councilman Linn, all voting "ayes", passed the following captioned ordinance: Page 15 9 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETO- FORE AMENDED, SO A.S TO CHANGE THE FOLLOWING DESCRIBED PROPERTY FROM "R-6" SINGLE FAMILY TO "R-6" SINGLE FAMILY CLA.SSIFICA.TION WITH A. SPECIFIC USE PERMIT TO ALLOW THE PROPERTY TO BE USED FOR A. PRIVATE SCHOOL FOR THE EDUCATION OF RETARDED CHILDREN, SAID TRACT BEING DESCRIBED A.S FOLLOWS: BEING A 7.48 ACRE TRACT, DESCRIBED IN THE TAX RECORDS OF THE CITY OF FARMERS BRANCH, TEXAS AS TRACT ONE OF THE JOHN NIX SURVEY, A.BSTRA.CT 1088, AND BEING BOUNDED ON THE NORTH BY FYKE ROAD, ON THE EAST BY THE NORTHWEST ADDITION, (A TWO ACRE A.DDITION TO THE CITY OF FARMERS BRANCH) ON THE SOUTH BY DUTCH VILLAGE NO. 2, (AN A.DDITION TO THE CITY OF FARIVE RS BRANCH) AND ON THE WEST BY COCHISE LANE. RESTRICTING SUCH PROPERTY TO THE USES PROVIDED FOR UNDER THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200. 00) .DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. FRED FA.HLA.ND A.DDRESSED THE COUNCIL Fred Fahland, 2846 Bay Meadows Circle, addressed the Council stating a proposal appointing an eight member Citizens Investigating Committee, of which the committee would consist of three citizens selected from the two political groups each and the publishers of the two local news papers, to investigate any and all charges that have been levied and to investigate persons and areas of city affairs that they deem necessary. Mr. Fahland asked that this committee return to the Council after a 30 day period with results of their investigation and with recommendations. The Council took no action as this was not on the agenda. Mr. Fahland asked that it be on the next agenda. CONTINUATION OF BUDGET HEARING After some consideration, a motion by Councilman Schedler, a second by Councilman Korioth, all voting "ayes", approved the proposed 1969-1970 Budget. ORDINANCE NO. 816 - BUDGET APPROVAL Upon a motion by Councilman Schedler, a second by Councilman Korioth, all voting "ayes", passed the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1969 AND ENDING SEPTEMBER 30, 1970, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPRO- PRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF FARMERS BRANCH FOR SAID FISCAL YEAR FOR THE MAIN- Page 160 TENA.NCE A.ND OPERATION OF VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY; AND DECLARING AN EMERGENCY. ORDINANCE NO. 812 - SETTING TAX RATE Upon a motion by Councilman Korioth, a second by Councilman Grimmer, all voting "ayes", passed the following ordinance whereas, assessments and renditions of all taxable property in the City of Farmers Branch have been 'made for the year 1969 by the Assessor and Collector of Taxes; that assessments and renditions for the year 1969 on all taxable property are hereby approved; and, that the tax rate to be levied for the year 1969 on all taxable property, real, personal or mixed, located within the City of Farmers Branch, be, and is hereby fixed at $1. 25 per $100. 00. TRACTOR FOR PARK DEPARTMENT After discussion on accepting or rejecting a tractor that was purchased by wrong purchasing procedures for the Park Department, a motion by Council- man Schedler, a second by Councilman Helms, approved the purchase of a tractor for the Park Department. The motion failed 3 to 2 with Councilmen Korioth, Grimmer, Linn voting "nay" and Councilmen Schedler, Helms voting "ayes". After more discussion from the City Manager, Dennis Spellmann, a motion by Councilman Schedler, a second by Councilman Helms, rejected the purchase of the tractor and instructed to send it back to the owner and take steps to get the City's money back. The motion carried 3 to 2 with Council- men Schedler, Helms, Linn voting "ayes", and Councilmen Grimmer, Korioth voting "nay". The Council instructed the City Manager to advertise for bids for a new or used tractor for the Park Department. LIGHTING FOR JAYCEE PARK BASEBALL FIELD After Council consideration, a motion by Councilman Helms, a second by Councilman Korioth, all voting "ayes", authorized payment in the amount of $2, 700 to Industrial Electric for fixtures, lamps, and additional materials along with the installation for the lighting of Jaycee Park. Upon a motion by Councilman Helms, a second by Councilman Korioth, all voting "ayes", instructed the City Manager to send a letter of appreciation to the different ones who has donated their time and materials of lighting Jaycee Park. BID TABULATION - SA.NITA.TION SACKS After some discussion on specifications and guarantee, a motion by Council- man Linn, a second by Councilman Schedler, all voting "ayes", accepted the bid from International Paper Company, Kansas City, Kansas, in the amount of $84, 490. 00 for approximately 1, 000, 000 sacks for the Sanitation Department. Page 161 8:00 P.M. ZONING PUBLIC HEARING - PETER BA.LDWIN Mayor Roberts opened the hearing stating Mr. /Peter Baldwin had requested for a change of zoning from Office District to LR-1 retail district on property located on L. B. J. Freeway; and west of Josey Lane, being Tract 6 situated in I. B. Webb Survey, Abstract 1574. Mr. Peter Baldwin stated his request for change of zoning was to permit Home Furniture to build a retail building at this location. He stated it would be approximately 25, 000 sq. ft. and presented a plat plan that had been submitted to the engineer. Opposition Testimonies Mr. George Grenier, 2817 Bay Meadow - had no objection to the furniture store itself but was concerned about the traffic on Josey Lane. There were no other testimonies. A motion by Councilman Korioth, a second by Councilman Schedler, closed the public hearing. After Council discussion, Councilman Linn moved to accept the zone change request which was to change an Office District zoning to LR-1 Retail District zoning located on L. B. J. Freeway frontage west to Josey Lane. The motion was seconded by Councilman Helms. The motion carried with all voting "ayes". The Council welcomed Home Furniture Company to Farmers Branch. ORDINANCE NO. 818 - AMENDMENT TO ZONING ORDINANCE Upon a motion by Councilman Linn, a second by Councilman Helms, all voting "ayes", passed the following captioned ordinance: AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERE- TOFORE AMENDED, SO A.S TO CHANGE THE FOLLOWING DESCRIBED PROPERTY FROM "O" OFFICE TO'LR-1" RETAIL, SAID TRACT BEING DESCRIBED AS FOLLOWS: LOT 1, BLOCK 1 OF HOME SUBDIVISION; RESTRICTING SUCH PROPERTY TO THE USES PROVIDED FOR UNDER THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200. 00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. CITY MANAGER REPORTS City Manager Dennis Spellmann reported that the State Insurance Board notified the Fire Chief that the key rate for fire insurance in Farmers Branch has been reduced 28/0; this reduction cuts the present rate of 26 cents to 20 cents. Mr. Spellmann further stated that the Fire, Water, Building Inspection Departments should be commended. Page 162 8:30 P. M. ZONING PUBLIC HEARING - BROOKHAVEN DEVELOPMENT Mayor Roberts opened the public hearing stating Brookhaven Development Company requested that a zone change from "R-2" to "R-3" for future Brookhaven Estates No. 9 on a 6.16 acre tract of land immediately east of Brookhaven Estates No. 8, and also being part of Tract 1, David Shahan Survey, Abstract 113 of the tax records of the City of Farmers Branch, Texas. Mr. J. J. Hawn, Brookhaven Development, 3663 Brookhaven Club Drive stated his request of 6. 6 acres to be rezoned R-3 from R-2 would reduce 100' front lot to an 80' front lot, and does not reduce the square footage in house size. Mr. Hawn stated with an R-3 zoning they would be able to get 19 lots on the tract. No one was present opposing the change. Upon a motion by Councilman Korioth, a second by Councilman Helms, all voting "ayes", closed the public hearing. After Council discussion, a motion by Councilman Linn, a second by Council- man Helms, all voting "ayes", approved the change of zoning request by Brookhaven Development from R-2 to R-3 on 6. 6 acre tract in Brookhaven Estates No. 9. ORDINANCE NO. 819 - ZONING AMENDMENT R-2 to R-3 Upon a motion by Councilman Korioth, a second by Councilman Grimmer, all voting "ayes", passed the following captioned ordinance: AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, SO A.S TO CHANGE THE FOLLOWING DESCRIBED PROPERTY FROM "R-2" SINGLE FAMILY TO "R-3" SINGLE FAMILY CLA.SSIFICATION. SAID TRA.CT BEING DESCRIBED A.S FOLLOWS: COMMENCINI~T`AT THE MOST NORTH- ERLY ROW CORNER OF THE MOST NORTHERLY INTERSECTION OF GOLFING GREEN DRIVE AND BROOKHA.VEN CLUB DRIVE; THENCE NORTHERLY ALONG THE EAST ROW LINE OF BROOK- HAVEN CLUB DRIVE, SAME BEING A CURVE TO THE RIGHT HAVING A RA.DIUS OF 510' AND A. CENTRAL ANGLE OF 30 DEGREES 11' WEST ALONG THE EAST ROW OF BROOKHA.VEN CLUB DRIVE A. DISTANCE OF 40. 0" TO PLACE OF BEGINNING: BEGINNING AT A POINT IN THE EA.ST ROW LINE OF BROOKHAVEN CLUB DRIVE, SAID POINT DESCRIBED ABOVE; THENCE; N. 12 DEGREES 11' W. ALONG THE EAST ROW OF BROOKHA.VEN CLUB DRIVE A. DISTANCE OF 430.34' TO A POINT; THENCE NORTHERLY ALONG THE EA.ST ROW OF BROOKHA.VEN CLUB DRIVE AND A. CURVE TO THE LEFT HAVING A RA.DIUS OF 5701; A CENTRAL ANGLE OF 42 DEGREES 00' FOR A. DISTANCE OF 417.83' TO A. POINT; THENCE N. 35 DEGREES 49' E. A. DISTANCE OF 25.39' TO A. POINT; Page 163 THENCE NORTHERLY ALONG A CURVE TO THE LEFT HAVING A. RA.DIUS OF 300' AND A. CENTRAL ANGLE OF 31 DEGREES 30' FOR A. DISTANCE OF 115.61' TO A. POINT; THENCE SOUTH 78 DEGREES 30' E. A. DISTANCE OF 44. 08' TO A. POINT; THENCE: S. 39 DEGREES 30' E. A DISTANCE OF 400. 00' TO A POINT; THENCE: S. 63 DEGREES 37' E. A DISTANCE OF 633.37' TO A. POINT; THENCE: S 58 DEGREES 51' W. A. DISTANCE OF 230. 00' TO A POINT; THENCE: S. 67 DEGREES 51' A. DISTANCE OF 545.85' TO THE PLACE OF BEGINNING. RESTRICTING SUCH PROPERTY TO THE USES PROVIDED FOR UNDER THE COMPRE- HENSIVE ZONING ORDINANCE; PROVIDING FOR A. PENALTY NOT TO EXCEED TWO HUNDRED ($200. 00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. 8:45 P.M. Convened to Executive Session LAND ACQUISITION Flood Land at Cooks Creek and Fyke Road City Manager Dennis Spellmannn reported that the piece of property the City need to acquire for drainage purposes belongs to Glenn G. Luman and Wife, Bella Luman, Carrollton, Texas. This property being located 0. 621 acres on Fyke Road, Tract 2-F, John Nix Survey, Abstract 1088. Mr. Spellmann stated Mr. Pointer reported he sold the property to Mr. Luman for $3, 000; Mr. Luman reported he bought the property for $3, 700 and would have to have at lease $4, 500 because he has made some improvements in leveling and grading. After some discussion, a motion by Councilman Korioth, a second by Councilman Schedler, all voting "ayes", authorized City Administration (Bob Yager) to offer $3, 700 for the property mentioned above and if this is not satisfactorily proceed with condemnation. Sanitary Land Fill City Manager Dennis Spellmann reported that on the 40 + acres behind the present land fill which had been authorized to nego-sate with the owners, has several heirs involved and under circumstances after discussing with the City A.ttorney if the City desires to purchase this property, the Council should authorize a price per acre to offer the owners and further authorize if offer is declined then proceed with condemnation. After some discussion, a motion by Councilman Korioth, a second by Councilman Helms, al voting "ayes", authorized the City A.ttorney to offer $2, 000 per acre for the property mentioned above and if declined proceed with condemnation on final amount to be determined. Council Reconvened To Open Session Page 164 9 :00 P.M. - PUBLIC HEARING - JACQUELYN ALEXANDER Mayor Roberts opened the public hearing by reading the request of Jacquelyn Alexander for Specific Use Zoning to operate a dancing school in a R-6 zone located at 13109 Holbrook. Mrs. Jacquelyn Alexander, 13046 Glenside, owner of property, stated her request and explained current operations of studio. Mrs. Alexander stated the improvements she has made for parking. No one spok opposing request. Upon a motion by Councilman Korioth, a second by Councilman Schedler, all voting "ayes", closed the public hearing. After Council discussion, a motion by Councilman Linn, a second by Council- man Schedler, all voting "ayes", approved the request of Jacquelyn Alexander for specific use zoning to operate a dancing school in a "R-6" zone located at 13109 Holbrook. ORDINANCE NO. 820 - SPECIFIC USE FOR DANCING SCHOOL Upon a motion by Councilman Linn, a second by Councilman Schedler, all voting "ayes", passed the following captioned ordinance: AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, A.S HERETOFORE, AMENDED, SO AS TO CHANGE THE FOLLOWING DESCRIBED PROPERTY FROM "R-6' SINGLE FAMILY TO "R-6" SINGLE FAMILY WITH A. "SPECIFIC USE PERMIT" TO OPERATE A. PRIVATE SCHOOL OF DANCE SAID TRACT BEING DESCRIBED A.S FOLLOWS: LOT 1-B, BLOCK A., FA.RMERSDELL ADDITION SUBDIVISION; RESTRICTING SUCH PROPERTY TO THE USES PROVIDED FOR UNDER THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING FOR A. PENALTY NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS FOR EA.CH OFFENSE; AND DECLARING AN EMERGENCY. PERSONNEL MATTER - CITY MANAGER City Manager Dennis Spellmann stated he would like to turn in his re s ignation. After some discussion on termination time, a motion by Councilman Korioth, a second by Councilman Helms, accepted the resignation of City Manager Dennis Spellmann and be relieved of his duties as of this date and be terminated in 60 days which would be November 14, 1969. Motion carried 4 to 1 with Councilmen Korioth, Helms, Schedler, Linn voting "ayes", and Councilman Grimmer voting "nay". Councilman Grimmer opposed only to the termination time. Council Convened To Executive Session Page 165 APPOINTMENT OF CITY MANAGER The Council discussed the appointment of a new City Manager. After some discussion, a motion by Councilman Korioth, a second by Council- man Helms, all voting "ayes", appointed Paul M. West the acting City Manager until November 14, 1969 and, as of November 15, 1969 becomes City Manager; and his starting salary will be $18, 500 till October 1, 1969 and then his salary becomes $20, 000. 00 per year. Council reconvened to open session. Mayor Roberts announced to the audience the unanimous decision by the Council on the appointment of Paul West as City Manager. ADJOURNMENT Upon a motion by Councilman Korioth, a second by Councilman Linn, all voting "ayes", adjourned the September 15th, 1969 regular meeting of the City Council at 9:30 P. M. . George G. Grimm , Mayor City Secretary Page 166