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1969-11-17 CC MinutesCITY OF FARMERS BRANCH, TEXAS MINUTES OF THE CITY COUNCIL MEETING November 17, 1969 "7:30 P. M. Members of the City Council present were: Mayor Mayor Pro-Tem Councilman City Manager City A.ttorney City Secretary fl George G. Grimmer W. R. Linn Al Korioth Paul West H. Louis Nichols Ruth Ann Parish Mayor Grimmer called the City Council meeting of November 17, 1969 to order at 7.30 P. M.. J. W. Wade gave the invocation. APPROVAL OF MINUTES Upon a motion by Councilman Linn, a second by Councilman Korioth, considered and approved the minutes of November 3, 1969 as received. Motion carried. CERTIFICATES OF APPRECIATION Mayor Grimmer presented certificates of appreciation on behalf of the Council to the listed below persons who had given their time and hard work by serving on various advisory boards: Mr. Ken Wallace of the Planning and Zoning Commission Mr. V. R. Brown and Mrs. Genevieve Abel of the Library Board Mr. Paul Eaton and Mr. Larry Wallace of the Building Board of Adjustments Mr. Joe Hollingsorth, Mrs. Clara Knight and Mrs. June Boyle of the Parks and Beautification Board. Mr. Wayne Glenn, Mrs. Betty Laney and Mr. Graham Brewer of the Recreation and Activities Board. PEE WEE FOOTBALL LEAGUE PROCLAMATION Mayor Grimmer proclaimed the day of November 29th, 1969 as Pee Wee Football Day in Farmers Branch. The Council wished luck to the league. THEATRE 341S REQUEST GRANTED Theatre 34 requested the City's participation on the reconstruction of the Club House that was burned and damaged by vandalism. The Club House is located on City property in Gussie Field Waterworth Park. The repair bill presented was in the amount of $425. 58. After some discussion, a motion by Councilman Korioth, a second by Councilman Linn, authorized to pay Theatre the approximate amount Page 24 of $425. 00 for repairs to the club house. PROHIBIT PARKING ON OPPOSITE SIDE OF STREET OF 3621 MORNINGSTAR Mrs. Nancy Adams presented her request of no parking on the opposite side of the street from her address, 3621 Morningstar. Mrs. Adams stated that on week-ends she has a problem getting out of her driveway because of the cars parked across the street in front of the park. The Council questioned Mrs. Adams as to the traffic load on Morningstar. She stated there was not a problem of traffic except the parking problem that arose on the week-ends. After some discussion on the near reconstruction of the street and the fact if parking was prohibited as requested a problem for Mrs. Adams' neighbors would be created, a motion by Councilman Linn, a second by Councilman Korioth, with motion carrying, tabled the action of Mrs. Adams' request for further study. The Council asked the City Manager to study the situation and suggested maybe a set-in parking area could be provided. LIBRARY BOARD PRESENTATION Mr. Paul Gross, chairman of the Library Board gave a report and showed a film to the Council and audience of the present conditions of the City's Library. Mr. Gross stated the statistics on the books the library handles and the amount of books it should handle based on the population of Farmers Branch. Mr. Gross presented the Council a resolution for consideration. The resolution was based basically for near future plans for expansion of library service for Farmers Branch. PUBLIC HEARING - TANDY CORPORATION REQUEST FOR CHANGE OF ZONING Mr. Joe Hollingsworth, 13455 Rawhide, in behalf of the citizens of the area of the property being request to be rezoned, requested the Council to postpone the hearing until the City is operated by a full Council. Mr. Hollingsworth asked the citizens in agreement with his request to stand. Numerous stood. Mayor Grimmer asked those to stand that was in favor of the change of zoning. A few stood. Mr. Rand Holman, 2710 Oak Lawn, representing Tandy Corporation, asked the hearing be heard. The Council expressed desire to continue the hearing. Mayor Grimmer opened the public hearing by explaining the request of Tandy Corporation to rezone the existing zoning of PD#10 (R-3, Page 25 D-1, MF-2) to LR-2 and LR-1 with "S" Specific Use permits to operate non drive-in restaurants on property located on the Northwest corner of Valley View Lane and Josey Lane being in a 24 acre tract. Mr. Rand Holman presented a transparency of an alternate plan providing for duplexes to be developed d,ong the extension of Golfing Green Drive then south with retail development. After Mr. Holman stating the names of some of the retailers he had options to sign, explained this area developed as requested would enhance the property and be a great asset to Farmers Branch. Those in opposition were: Mr. Joe Coker, 13411 Charcoal, opposed to looking across the creek into the back of any store. He commented that the Planning and Zoning Commission has turned down the request and requested the Council to do likewise. Mr. Fred Fahland, 2846 Bay Meadows, stated he was on the Planning and Zoning Commission at the time the city paid Marvin Springer approximately $5, 000. 00 for a master plan that had rezoned this property PD-10 and felt this was the proper zoning for this area; and questioned the legality of this change of zoning. Mr. Gerald Sanders, 13514 Heartside, opposed to the alternate plan as he did not have the desire to look into the back of anyone's store. Mr. Bill Lehr, 13449 Rawhide, stated the city has a master plan which the citizens showed their interest at the time of its adoption. Mr Lehr opposed the presentation of an alternate plan. Mr. Lehr stated a petition of some 200 names was on file with the city opposing the change of zoning request. Mr. Joe Hollingsworth, 13445 Rawhide, opposed to the development of LR-2 in this area and suggested the vacant land in Valwood Shopping Center and the area in the downtown section of Farmers Branch for development of retail. Mr. Hollingsworth requested the Council to deny the request of the developer. Mr. Bill Phelps, 3135 Rolling Knoll Court, objected to service stations in the are a. Mr. Charles Koch, 13605 Rawhide, was concerned of the trash and traffic: problems that would be created if developed for retail. Mr. Koch lives on a corner and stated the trash accumulates abundantly on his property from the present shopping center. He opposed to another grocerty store in the area. Page 2 6 Mr. Edmund Schedler, 13805 Braemar, stated he believed the site plan control should be retained. He stated he liked the second site plan over the first one and the D-1 (duplexes) should be restricted for about 50 years. He objected to the LR-2 zoning on the rest of the property, if zoned LR-1 this would eleminate some unlikeable uses. Mr. Schedler encourage that service stations to the highways. Mr. W. C. Travis, 13732 Tanglewood, opposed to any change of the Master Plan and recommended the request be denied. Mr. Ralph Flowers, 13535 Heartside, being clarified of the alternate plan request stated he agreed the area should have some commercial but the Council should consider the increase in traffic, screening and the proposed park. Mr. Flowers pleaded for a compromize for the betterment of Farmers Branch and to retain the PD-10 as is. Mr. Carrol Maxwell, 13515 Heartside, opposed the plan presented and requested denial of the change of zoning. Mr. John Miniter, 13511 Heartside, asked each Councilman where had he met them last fall and asked them their thoughts on zoning. Mr. Miniter stated he had met them at a coffee and each remarked they thought the City had gone through a mess on zoning and they would not permit any zone changing. Mr. Miniter stated he was going to see what they would permit. Mayor Grimmer stated to Mr. Miniter that at the time of this discussion he believed they were talking about apartments. Mr. Bill Bristol, 3938 Crestpark, opposed the request and asked why this had to come to the Council after the Planning and Zoning Commission denied the request. The Council explained the policy of the City between the Council and the Planning and Zoning Commission. Mr. Rand Holman stated there would be no problem in giving assurance ' to deed restrictions of 99 years on the duplexes as designated on the alternate plan. After Mr. Holman answered questions from the audience and the Council, a motion by Councilman Korioth, a second by Councilman Linn, closed the public hearing. Motion carried. After Council discussion on the buffer area, the willingness to deed restrict by the developer, and the street plan, a motion by Councilman Linn, a second by Councilman Korioth, approved the request of Tandy Corporation on their alternate plan as presented. Motion carried. Page 2 7 Upon a motion by Councilman Korioth, a second by Councilman Linn, motion carrying, adopted the following captioned ordinance with stipulations that proof of filing would be furnished the City Manager of Farmers Branch of a deed restriction on the lots south of Golfing Green Drive that will be maintained as duplexes for a period of 50 years and the City Manager be furnished proof of a deed restriction on the property zoned LR-2 to prohibit service stations for a period of 50 year.5, prior to issuing building permits. '!AN ORDINANCE AMENDING THE COMPRESENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE FOLLOWING DESCRIBED TRACTS OF LAND IN THE FOLLOWING MANNER, TO- WIT: TRACTS 1 and 2 FROM PLANNED DEVELOPMENT DISTRICT 10 TO LOCA.L RETAIL-2 DISTRICT: BEING A TRACT OF LAND SITUATED IN THE ROBERT J. WEST SURVEY, A.BSTRA.CT NO. 1576, CITY OF FARMERS BRANCH, DALLAS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING AT A. POINT ON THE NORTH LINE OF VALLEY VIEW LANE, (A. 100 FT. R. O. W.) SAID POINT BEING N. 890 54' W, A DISTANCE OF 150. 0 FEET FROM THE INTERSECTION OF THE WEST LINE OF JOSEY LANE (A 100 FT. R. O. W.) WITH THE NORTH LINE OF VALLEY VIEW LANE, A POINT FOR CORNER; THENCE, N. 890 54' W., ALONG THE SAID NORTH LINE OF VALLEY VIEW LANE, A DISTANCE OF 695.00 FEET TO A POINT FOR CORNER; THENCE, N. 00 06' E., LEAVING THE SAID NORTH LINE OF VALLEY VIEW LANE, A DISTANCE OF 125. 00 FEET TO A. POINT FOR CORNER; THENCE, 890 54' W., A. DISTANCE OF 300. 00 FEET TO A POINT FOR CORNER; THENCE, S. 00 06' W., A DISTANCE OF 125. 00 FEET TO A POINT ON THE SAID NORTH LINE OF VA.LLEY VIEW LANE A POINT FOR CORNER; THENCE N. 890 54' W., ALONG THE SAID NORTH LINE OF VALLEY VIEW LANE, A. DISTANCE OF 164.94 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A. CENTRAL ANGLE OF 110 13' AND A. RADIUS OF 1, 046. 62 FEET, A. POINT FOR CORNER; THENCE, AROUND SAID CURVE A. DISTANCE OF 204.89 FEET TO THE END OF SAID CURVE, A POINT FOR CORNER; THENCE, N. 890 54' W., ALONG THE SAID NORTH LINE OF VALLEY VIEW LANE, A DISTANCE OF 83.32 FEET TO A POINT FOR CORNER; THENCE, N. 00 49' W., LEAVING THE SAID NORTH LINE OF VALLEY VIEW LANE, A DISTANCE OF 125. 00 FEET TO A POINT FOR CORNER; THENCE, N.. 890 54' W. , A DISTANCE OF 125. 00 FEET TO A POINT ON THE EA.ST LINE OF TOM FIELD ROAD (A 50 FT. R. O. W.) A POINT FOR CORNER; THENCE, N. 00 49' W., ALONG THE SAID EAST LINE OF TOM FIELD ROAD, A DISTANCE OF 251.80 FEET TO A POINT FOR CORNER;: THENCE, N. 890 24' E., LEAVING THE SAID EAST LINE OF TOM FIELD ROAD, A DISTANCE OF 161.59 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A. CENTRAL ANGLE OF 230 00' AND A RADIUS OF 380.97 FEET, A. POINT FOR CORNER; THENCE, AROUND SAID CURVE A Page 28 DISTANCE OF 152.93 FEET TO THE END OF SAID CURVE, SAID POINT BEING THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 230 42' AND A. RADIUS OF 405. 11 FEET A POINT FOR CORNER; THENCE, AROUND SAID CURVE A DISTANCE OF 167.57 FEET TO THE END OF SAID CURVE A POINT FOR CORNER; THENCE, S. 890 54' E., A DISTANCE OF 560. 00 FEET TO A POINT FOR CORNER; THENCE, N. 630 57' E. , A DISTANCE OF 340.34 FEET TO A POINT FOR CORNER; THENCE, S. 890 54' E., A. DISTANCE OF 390. 00 FEET TO A POINT ON THE WEST LINE OF JOSEY LANE, A POINT FOR CORNER; THENCE, S 00 09' W., ALONG THE SAID WEST LINE OF JOSEY LANE A DISTANCE OF 425. 00 FEET TO A. POINT FOR CORNER; THENCE, N. 890 54' W., LEAVING THE SAID WEST LINE OF JOSEY LANE, A DISTANCE OF 150.00 FEET TO A. POINT FOR CORNER; THENCE, S. 00 09' W., A DISTANCE OF 150. 00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 16.616 ACRES OF LAND; TRACT 5 FROM PLANNED DEVELOPMENT DISTRICT No. 10 TO OFFICE DISTRICT: BEING A TRACT OF LAND SITUATED IN THE ROBERT J. WEST SURVEY, ABSTRACT NO. 1576, CITY OF FARMERS BRANCH, DALLA.S COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED A.S FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF JOSEY LANE (A 100 FT. R. O, W.), SAID POINT BEING N. 00 09' E., A DISTANCE OF 575. 00 FEET FROM THE INTERSECTION OF THE NORTH LINE OF VALLEY VIEW LANE ( A 100 FT. R. O. W.) WITH THE WEST LINE OF JOSEY LANE, A POINT FOR CORNER; THENCE, N. 890 54' W., LEAVING THE SAID WEST LINE OF JOSEY LANE, A DISTANCE OF 390. 00 FEET TO A POINT FOR CORNER; THENCE, N. 00 06' E., A DISTANCE OF 25. 00 FEET TO A. POINT FOR CORNER; THENCE, N. 630 57' E. , A DISTANCE OF 44.53 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 430 32' AND A RADIUS OF 191.44 FEET, A. POINT FOR CORNER; THENCE, AROUND SAID CURVE A DISTANCE OF 145.46 FEET TO THE END OF SAID CURVE A POINT FOR CORNER; THENCE, S. 890 54' E. , A DISTANCE OF 255. 00 FEET TO A POINT ON THE WEST LINE OF JOSEY LANE, A POINT FOR CORNER; THENCE, S. 00 09' W., ALONG THE SAID WEST LINE OF JOSEY LANE, A DISTANCE OF 150. 00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 1. 092 ACRES OF LAND; TRACTS 6, 7, 8 and 9 FROM PLANNED DEVELOPMENT DISTRICT NO. 10 TO LOCAL RETAIL -1, WITH SPECIFIC USE PERMIT FOR A. RESTAURANT WITHOUT DRIVE-IN SERVICE: TRACT 6. BEING A TRACT OF LAND SITUATED IN THE ROBERT J. WEST SURVEY, ABSTRACT NO. 1576, CITY OF FARMERS BRANCH, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF VALLEY VIEW LANE (A. 100 FT. R. O. W.) WITH THE WEST LINE OF JOSEY LANE (A 100 FT. R. O. W.) A POINT FOR CORNER; THENCE, N. 89054' W.. ALONG THE SAID NORTH LINE OF VALLEY VIEW LANE, A DISTANCE OF 150. 00 FEET TO A. POINT FOR CORNER; THENCE, N. 00 091E., LEAVING THE SAID NORTH LINE OF VALLEY VIEW LANE, A. DISTANCE OF 150. 00 FEET TO A POINT FOR CORNER; THENCE, S. 890 54' E., Page 2 9 A DISTANCE OF 150. 00 FEET TO A. POINT ON THE WEST LINE OF JOSEY LANE, A. POINT FOR CORNER; THENCE, S. 00 09'W., ALONG SAID WEST LINE OF JOSEY LANE, A DISTANCE OF 150. 00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0. 517 ACRES OF LAND; TRA.CT 7 AND 8 . BEING A TRACT OF LAND SITUATED IN THE ROBERT J. WEST SURVEY, A.BSTRA.CT NO. 1576, CITY OF FARMERS BRANCH, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF VALLEY VIEW LANE (A 100 FT. R. O. W.) SAID POINT BEING N. 890 54' W., A DISTANCE OF 845. 00 FEET FROM THE INTERSECTION OF THE WEST LINE OF JOSEY LANE (A 100 FT. R. O. W.) WITH THE NORTH LINE OF VALLEY VIEW LANE, A POINT FOR CORNER; THENCE, N. 890 54' W., ALONG THE SAID NORTH LINE OF VALLEY VIEW LANE A DISTANCE OF 300. 00 FEET TO A. POINT FOR CORNER; THENCE, N. 00 06' E. , LEAVING THE SAID NORTH LINE OF VALLEY VIEW LANE, A. DISTANCE OF 125. 00 FEET TO A POINT FOR. CORNER; THENCE, S. 89054' E-, A. DISTANCE OF 300. 00 FEET TO A. POINT FOR CORNER; THENCE, S. 00 06' W., A DISTANCE OF 125. 00 TO THE PLACE OF BEGINNING AND CONTAINING 0. 861 ACRES OF LAND; TRACT 9. BEING A. TRACT OF LAND SITUATED IN THE ROBERT J. WEST SURVEY, ABSTRACT NO. 1576, CITY OF FARMERS BRANCH, DALLAS COUNTY, TEXA.S, AND BEING MORE PARTICULARLY DESCRIBED A.S FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF TOM FIELD ROAD (A. 50 FT. R. 0. W.) WITH THE NORTH LINE OF VALLEY VIEW LANE, A POINT FOR CORNER; THENCE, N. 49'W., ALONG THE SAID EAST LINE OF TOM FIELD ROAD, A DISTA.NCE OF 125. 00 FEET TO A POINT FOR CORNER; THENCE, S. 890 54' E., LEAVING THE SAID EA.ST LINE OF TOM FIELD ROAD, A. DISTANCE OF 125. 00 FEET TO A POINT FOR CORNER; THENCE, S. 00 49' E., A DISTANCE OF 125. 00 FEET TO A POINT ON THE NORTH LINE OF VALLEY VIEW LANE, A. POINT FOR CORNER; THENCE N. 890 54' W., ALONG THE SAID NORTH LINE OF VA.CLEY VIEW LANE, A DISTANCE OF 125. 00 FEET TO THE PLACE OF BEGINNING AND CONTA.INING 0.359 ACRES OF LAND; PROVIDING FOR THE USE OF SUCH PROPERTY AS ZONED HEREIN; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY." SIGN ORDINANCE VARIANCE REQUEST Mr. Rex Rayfield, of Vinylex Corporation, 13906-B Denton Drive requested the Council's consideration to revise the sign ordinance as to permit "employment signs" without obtaining a sign permit. Mr. Rayfield stated the posting of this sign was a necessity for his business. He stated the sign now is on railroad property and had been advised by the City to remove the sign because he did not have a permit. Page 30 After some discussion, a motion by Councilman Korioth, a second by Councilman Linn, tabled the Council's decision until the next Council meeting in order that the City Administration can study the sign ordinance to see if the ordinance needs revision. BID AWARDED - VALLEY VIEW TRAFFIC SIGNALS After consideration, a motion by Councilman Korioth, a second by Councilman Linn, motion carrying, awarded the bid for traffic signals to be located at Dennis Lane, Tom Field, Josey Lane, and Webb Chapel Road on Valley View Lane to Econolite in the amount of $33, 086. 75. BID AWARDED - CITY VEHICLES After some discussion on the bids received for 5 2-door police cars, 2 4-door sedans (1 for Police Department and 1 for City Manager), 1 Station Wagon for Fire Department, 1 2-Ton truck for Water Department, 3 pick-ups for Water Department and 1 pick-up for humane officer, a motion by Councilman Linn, a second by Councilman Korioth, motion carrying, awarded the low b id in the amount of $28, 296. 00 to Jarmon Ford Sales, Carrollton, Texas, for the mentioned above vehicles. BID AWARDED - SIDEWALK ON_RICHLA.ND The Council discussed the bids for paving the south side of Richland in front of the new Farmers Branch Elementary School that had been requested by the school system and the City's portion from Dennis Lane to that point. After consideration, a motion by Councilman Korioth, a second by Councilman Linn, motion carrying, awarded the bid to H. & H. Contractors in the amount of $1, 274. 00 to construct a sidewalk from Dennis Lane to sidewalk in front of new Farmers Branch Elementary School on the south side of Richland Street, contingent upon receiving in writing the acceptance from the School Board. CHANGE ORDER TO JOSEY LANE OVERLAY CONTRACT The City Manager Paul West explained the necessity to overlay the streets: Pepperwood, Demetra Drive, portion of Buttonwood, Golfing Green Drive from Josey Lane to Longmeade Drive, Maydell Lane from Josey Lane to Austell Parkway, Selma Lane from Josey Lane to Austell Parkway, Myra Lane from Amsterdam Road to Templeton Trail, and, Templeton Trail from Cloverdale Lane to Morningstar Lane. Mr. West stated this overlay could be added to the present Josey Lane contract to the County. After consideration, a motion by Councilman Linn, a second by Councilman Korioth, motion carrying, passed a resolution accepting a change order to the County to hot :mix overlay the additional named streets in the approx- imate amount of $28, 000. OO.to be paid out of the Street Improvement Bond Funds. Page 31 PLANNING AND ZONING COMMISSION'S RULES AND REGULATIONS Upon a motion by Councilman Linn, a second by Councilman Korioth, motion carrying, tabled the discussion of the Planning and Zoning Commission's Rules and Regulations until a future meeting. ADJOURNED TO EXECUTIVE SESSION 1 1 Page 32 CITY COUNCIL EXECUTIVE SESSION November 17, 1969 LAND PURCHASE Sanitary Land Fill Property After some discussion, a motion by Councilman Linn, a second by Councilman Korioth, motion carrying, finding it necessary to acquire some 46 acres, located behind present land fill owned by the Tracey heirs, for City sanitary land fill purposes, authorize condemnation proceedings because the City cannot settle on a purchase price with the owners. Old Police Station and Central Fire Station Property City Manager Paul West presented to the Council Mr. Al Hopper's appraisal in the amount of $90, 000. 00 on the old Police Station and the Central Fire Station property. The Council discussed plans for future use of the property. Rawhide Creek Property The Council discussed the property along Rawhide Creek as to possibf.ities of future fire plans and the accurate survey of property lines along Rawhide Creek. The Council instructed the City Manager to secure a survey the property. SPECIAL MEETING NOVEMBER 22, 1969 The Council called a special meeting at 8:30 P. M. November 22, 1969 to canvass the special election returns. ADJOURNMENT Upon the motion of Councilman Korioth, seconded by Councilman Linn, motion carrying, adjourned the City Council meeting of Novemberl7, 1969. S Mayor George G mer Ci Secretary 1 Page 3 3