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1960-12-05 CC MinutesMINUTES OF A REGULAR MEETING CITY COUNCIL Farmers Branch, Texas December 5, 1960 The City Council convened the Community Building at Mayor Councilmen in a regular meeting on December 5, 1960 at 7:30 P. M. with the following members City Manager Assistant City Manager City Secretary Councilman Page was absent. Oley Attebery H. N. Mallon John Wilsey Don Knox Bill Hamilton J. M. Orman John C. Dodson Dorthanna Williams present: Mayor Attebery called the meeting to order. Mr. Flavil Yeakley, Sr., pastor of the Webb Chapel Church of Christ gave the invocation. The minutes of November 7 were considered and approved. COOKS BRANCH COMMITTEE-ORDINANCE NO. 267 Mr. W. D. Oradat, Chairman of this Committee, presented a written report and recommendations to the Council. The Committee recommended three firms, for the professional engineering surveying, for the Council's consideration: Powell and Powell, A. J. Boynton of Texas and Forrest and Cotton, Inc. Estimates of fees varied from $1,500 to $4,000 depend- ing on the amount of survey work required. The Committee thinks the desired report could be obtained for approximately $2,500. Mayor Attebery asked, did you discuss-different ways of doing this? Mr. Oradat said, yes, but he feels personally the open ditch would be best economically and otherwise. Mayor Attebery asked about rip-rap. Mr. Oradat said, it would not be permanent and may even cost more. Mayor Attebery asked, how long will it take for the survey: Mr. Ora- dat said it would take six or eight weeks. The Mayor then said he be- lieved Powell and Powell would do the job well and since they are al- ready working for the City and on the drainage problem to the west they may do the job for less money. Councilman Wilsey moved, contact Powell and Powell as the consulting engineers for Cooks Branch problem ask for a date for the report, 15 copies of recommendations from engineers, and pass an ordinance appro- priating $2,500 for the survey, seconded by Councilman Knox, passed unanimously. Councilman Knox moved, instruct City Manager Orman to draw up contract and to be authorized to sign, seconded by Councilman Hamilton, passed unanimously. Page 21 Caption of the ordinance reads as follows: AN ORDINANCE SETTING FORTH AN ESTIMATE OF THE COST OF AN ENGINEERING STUDY AND REPORT ON COOKS BRANCH BETWEEN DENNIS ROAD AND THE ROCK ISLAND RAILROAD; APPROPRIATING $2,500 FOR SAID STUDY AND REPORT AND DECLARING AN EMERGENCY. HOSPITAL HEARING Councilman Knox moved, instruct the Planning and Zoning Commission, at their next meeting, to present their decision, 'for', 'against' or 'un- decided', to the City Council for their next regular meeting December 19, seconded by Councilman Wilsey and passed unanimously. ORDINANCE NO. 258-AMEND ZONING-VALLEY VIEW ESTATES Upon a motion by Councilman Knox, seconded by Councilman Mallon, all voting 'ayes', an ordinance was passed changing from R-4 to R-3 the western portion of Valley View Estates between Valley View Lane and the existing R-2 zone. Caption of the ordinance reads as follows: AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, SO AS TO CHANGE THE FOLLOWING DESCRIBED PROPERTY FROM AN "R-4" RESIDENTIAL CLASSIFICATION TO A "R-3" RESIDENTIAL CLASSIFICATION, SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF VALLEY VIEW LANE AND AUSTELL PARKWAY IN THE CITY OF FARMERS BRANCH, TEXAS: THENCE WESTERLY ALONG VALLEY VIEW LANE TO ITS INTERSECTION WITH VERONICA ROAD: THENCE SOUTHERLY ALONG VERONICA ROAD TO ITS INTERSECTION WITH THE EASEMENT LOCATED NORTH OF ERIC LANE: THENCE WESTERLY ALONG SAID EASEMENT TO ITS INTERSECTION WITH DENNIS ROAD: THENCE SOUTHERLY ALONG DENNIS ROAD TO ITS INTERSECTION WITH THE SOUTH LINE EX- TENDED OF A TRACT OF LAND PRESENTLY ZONED "C" COMMERCIAL CLASSIFICATION UNDER A SPECIAL PERMIT AS DESCRIBED IN ORDINANCE NO. 146 OF THE CITY OF FARMERS BRANCH, TEXAS: THENCE WESTERLY ALONG SAID SOUTH LINE OF SAID TRACT TO THE SOUTHWEST CORNER OF SAID TRACT, SAID CORNER ALSO BEING IN THE EAST LINE OF THE FARMERS DELL ADDITION, AN ADDITION TO THE CITY OF FARMERS BRANCH, TEXAS: THENCE SOUTH TO THE NORTH LINE OF A TRACT OF LAND PRESENTLY ZONED "R-2" RESI- DENTIAL CLASSIFICATION: THENCE EASTERLY ALONG SAID NORTH LINE OF THE TRACT PRESENTLY ZONED R-2 RESIDENTIAL TO ITS INTERSECTION WITH AUSTELL PARKWAY EXTENDED: THENCE NORTH- ERLY ALONG SAID EXTENSION OF AUSTELL PARKWAY AND ALONG AUSTELL PARKWAY 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 $200.00 FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. ORDINANCE NO. Upon a motion voting 'ayes' main building the ordinance 259-CHANGE R-3 BUILDING REQUIREMENTS by Councilman Mallon, seconded by Councilman Wilsey, all an ordinance was passed changing the minimum area in the from 1250 square feet to 1450 square feet. Caption of reads as follows: Page 22 ORDINANCE NO. 259 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AS HERE- TO FORE AMENDED AND AS AMENDED HEREIN BY AMENDING ARTICLE VII SO AS TO INCREASE THE MINIMUM SIZE OF MAIN BUILDINGS TO 1450 SQUARE FEET: CONTINUING IN FULL FORCE AND EFFECT ALL PROVISIONS OF THE COMPRE- HENSIVE ZONING ORDINANCE AS HERETOFORE AMENDED WHICH ARE NOT IN CONFLICT HEREWITH: PROVIDING A SEVERABILITY CLAUSE: PROVIDING FOR A PENALTY NOT TO EXCEED $200.00 FOR EACH OFFENSE: AND DECLARING AN EMERGENCY. CONSIDER BIDS ON TRAFFIC SIGNAL City Manager Orman reported this is one of the signals budgetted and it is proposed to be installed at Valley View and Webb Chapel. Five bids were received ranging from $1,347.45 to $1,422.39. The low bid was submitted by Electric Supply Corporation. Traffic Engineer Napier explained the operation of the signal and said M. C. Harvey had been recommended for the installation. Councilman Wilsey moved, pass a resolution accepting the low bid of $1,347.45 from Electric Supply Corporation, the installation of this equipment to be done by M. C. Harvey at his bid price of $505, payment of this signal equipment be made from Account No. ll-Z-7, seconded by Councilman Knox, passed unanimously. IMPROVE ROUTE TO CABELL SCHOOL Mayor Attebery explained to the Council the problem of getting the children from Johnston Park to Cabell School. Since the Brin property is being platted for development this would be the time to get a route through Lost Valley, across Farmers Branch Creek and directly to the school. Councilman Hamilton moved, instruct the Planning and Zoning Commission to give the Council a recommendation on continuance of Lost Valley south to Cabell School, seconded by Councilman Mallon, passed unanimously. RESOLUTION-FINAL PAYMENT-L. H. LACY COMPANY City Manager Orman reported to the Council the work has been completed by L. H. Lacy Company on Epps Field, Tom Field and Fruitland Avenue. Councilman Knox moved that a resolution be passed approving final pay- ment in the amount of $14,046.09, that payment for this amount be made from funds previously allocated in Street Project No. 3, Storm Sewer Project No. 3 and Water Project No. W-7, seconded by Councilman Hamilton, passed unanimously. ORDINANCE NO. 260-RESCIND ORDINANCE NO. 208 City Manager Orman explained this is necessary because the current audit revealed this transfer of funds had never been made and Mr. Hollin had been paid from the General Fund. It is desired to nullify this ordinance and leave the money in the unappropriated funds. Page 23 Councilman Wilsey moved this ordinance be passed, seconded by Council- man Knox, all voting 'ayes'. Caption of the ordinance reads as follows: AN ORDINANCE RESCINDING ORDINANCE NO. 208 WHEREIN FUNDS WERE APPROPRIATED FOR THE PAYMENT FOR MASTER PLAN REPORTS; AND DECLARING AN EMERGENCY. ORDINANCE NO. 261-RELEASING FUNDS FROM SANITARY SEWER PROJECT NO. S-2 Upon a motion by Councilman Hamilton, seconded by Councilman Mallon, all voting 'ayes', an ordinance was passed releasing $1,800 from this project (Ord. No. 211) which had been previously made in Ordinance No. 190, returning said funds to the appropriate bond fund. Caption of the ordinance reads as follows: AN ORDINANCE RELEASING FUNDS APPROPRIATED TO SANITARY SEWER PROJECT NO. S-2 BY ORDINANCE NO. 211; RETURNING THESE FUNDS TO THE SEWER SYSTEM IMPROVEMENT AND EXTEN- SION REVENUE BOND FUND UNAPPROPRIATED SURPLUS; AND DE- CLARING AN EMERGENCY. ORDINANCE NO. 262-RETURN UNUSED FUNDS TO PROPER BOND FUNDS Upon a motion by Councilman Knox, seconded by Councilman Hamilton, all voting 'ayes', an ordinance was passed returning the following sums of money to their respective unappropriated accounts: Project To Amount Water Project No. W-5 Water Bonds $4,493.50 Sewer Project No. P-S-2 Sanitary Sewer Bonds 4,464.14 Street Project No. 1 Street Bonds 6,207.34 Park Project No. P-58-1 Park Bonds 807.26 Park Project No. 2 Park Bonds 830.00 Police Station Project PS-1 Fire & Police Bonds 124.63 Water Project No. 59-1 Water Bonds 407.20 Caption of the ordinance reads as follows: AN ORDINANCE SETTING FORTH THE AMOUNTS OF UNDERRUNS ON CERTAIN CONSTRUCTION PROJECTS; RELEASING THESE AMOUNTS FROM THE APPROPRIATED ACCOUNTS AND RETURNING THEM TO THE UNAPPROPRIATED SURPLUSES; AND DECLARING AN EMERGENCY. ORDINANCE NO. 263-SANITARY SEWER PROJECT NO. S-3 Upon a motion by Councilman Wilsey, seconded by Councilman Hamilton, all voting 'ayes', an ordinance was passed appropriating the sum of $75.00 for additional work necessary to complete this contract. Caption of the ordinance reads as follows: AN ORDINANCE SETTING FORTH THE ADDITIONAL COST OF INSTALLING AN 8" SANITARY SEWER MAIN IN DENNIS ROAD BETWEEN FARMERS BRANCH CREEK AND THE ALLEY NORTH OF LAVITA; APPROPRIATING FUNDS THEREFOR OUT OF THE SEWER SYSTEM IMPROVEMENT AND EXTENSION REVENUE BOND FUNDS UNAPPROPRIATED SURPLUS; AND DECLARING AN EMERGENCY. Page 24 ORDINANCE NO. 264-STREET PROJECT NO. 1 Upon.a motion by Councilman Knox, seconded by Councilman Wilsey, all voting 'ayes', an ordinance was passed appropriating the sum of $88.60 to care for the additional cost of installing a storm sewer in Dennis Road. Caption of the ordinance reads as follows: AN ORDINANCE SETTING FORTH THE ADDITIONAL COST OF CON- STRUCTING A STORM SEWER IN DENNIS ROAD BETWEEN VALLEY VIEW LANE AND THE SOUTH CITY LIMITS; APPROPRIATING FUNDS OUT OF THE STORM SEWER BOND FUND FOR ITS CONSTRUCTION; AND DECLARING AN EMERGENCY. ORDINANCE NO. 265-DENNIS ROAD NORTH OF VALWOOD PARKWAY Upon a motion by Councilman Knox, seconded by Councilman Hamilton, all voting 'ayes', an ordinance was passed appropriating $12,444.12 from the Street Bond Fund and $6,467.84 from the Storm Sewer Bond Fund and the City Manager authorized to pay Dallas County $3,357.84 as part pay- ment for storm sewers installed on Dennis Road, leaving a balance of $16,000 to be paid in October 1961. Caption of the ordinance reads as follows: AN ORDINANCE SETTING FORTH THE COST OF CONSTRUCTING CURBS AND GUTTERS ON DENNIS ROAD NORTH OF VALWOOD PARKWAY; APPROPRIATING FUNDS THEREFOR AND DECLARING AN EMERGENCY. Mallon Councilman/moved that all remaining surpluses be invested, seconded by Councilman Wilsey, passed unanimously. ORDINANCE NO. 266-PROJECT NO. S-4 Upon a motion by Councilman Wilsey, seconded by Councilman Knox, all voting 'ayes', an ordinance was passed appropriating $4,266.50 out of the Sanitary Sewer Surplus, crediting Water Project No. 59-1 with this amount paid to Elm Fork Construction Company who.was authorized to per- form this work by issuing change orders in order to expedite these jobs. Caption of the ordinance reads as follows: AN ORDINANCE SETTING FORTH THE COST OF CONSTRUCTING A SANITARY SEWER MAIN ON SPUR TRAIL AND FOR CONNECTING OUTFALL SANITARY SEWER LINE TO T.R.A. METERING STATION ON FOREST LANE; APPROPRIATING FUNDS OUT OF THE SANITARY SEWER EXTENSION AND IMPROVEMENT BOND FUND UNAPPROPRIATED SURPLUS; AUTHORIZING CREDITING WATER PROJECT NO. 59-1 WITH THIS COST AND CHARGING SAME TO SANITARY SEWER PROJECT NO. S-4. LIGHTING DENNIS ROAD NORTH OF VALWOOD PARKWAY City Manager Orman told the Council, it will take 15 or 16 standards to light the portion of Dennis Road in Farmers Branch, steel poles will cost 504, each per month, approximately $800 per year, Carrollton pre- fers wooden poles. Mr. Orman then asked, should we expect Carrollton to participate in the cost of electricity since one side of the road is in Carrollton? Councilman Mallon said, when we have something small like this Farmers Branch should pay, then when we have something Page 25 big maybe Carrollton will participate. Councilman Wilsey moved, metal standards be used and Carrollton be approached in sharing the cost, seconded by Councilman Hamilton, all voting 'ayes'. REVISION OF WEED ORDINANCE A discussion of revising the weed ordinance was held. Mayor Attebery said the way it is now written it is not fair to the owners of large tracts of undeveloped property in the City. Councilman Wilsey suggested the ordinance be revised to read, all areas mowed within a certain dis- tance of residents, thoroughfares and all developed property. After much discussion the City Manager was instructed to have such an ordi- nance drawn up (making the Fire Inspector responsible), for the next meeting. PARK AND RECREATION COMMISSION The Council received a recommendation from the Park Commission that Mr. Sussman be relieved of membership because he had missed two consecutive meetings. Councilman Hamilton said he felt they should not accept this recommendation. Councilman Knox said, the Council asked the Commission to make their rules and regulations and now the Council is not willing to back them up. Councilman Mallon said he thought only two consecu- tive meetings was unfair. Mayor Attebery was instructed to contact Mr. Sussman and talk with him. City Manager Orman read the recommendations from the Commission for the proposed bond program. It was also suggested the two lots belonging to Mr. Pointer, adjoining the Waterworth Park, be purchased by the City. Mr. Orman was instructed to determine the costs of these park improve- ments, also make a preliminary list of all capital improvements and get estimated costs. REPORTS FROM CITY MANAGER a. A news letter is being mailed with the water bills this month, the initial seed was planted on proposed capital improvement program, timing is important on a bond program, should have a report on tax appraisal by the first of the year. b. Request from Town North Civic Association in helping with miscel- laneous improvements in that area. c. Report on Police Chief Courtney's grades while attending Police School at A. & M. d. Opening Dennis Road north of Valley View Lane. Mr. Earnhart pro- mised to have a letter to the City to the effect thay would give $5,000 for this connection. Mr. Folsom was unhappy with this and said Mr. Earnhart could not speak for all of them. Mr. Lawther advised money set aside for bridge would be used elsewhere in the County. Mr. Harry Silver has recently shown interest in helping with the opening of this road. Adjournment. Dorthanna Williams, City SecretaryPage 26