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1961-08-28 CC MinutesMINUTES OF A SPECIAL MEETING CITY COUNCIL FARMERS BRANCH, TEXAS August 28, 1961 The City Council met in a special session on August 28, 1961 at the Community Building at 7:30 p.m. with the following members present: Mayor Oley E. Attebery Councilmen Sam Page H. N. Mallon Bill Hamilton City Manager J. M. Orman Assistant City Manager John C. Dodson City Secretary Dorthanna Williams Councilmen Wilsey and Knox were absent. Mayor Attebery called the meeting to order. Mr. Carl Matthews, pastor of Valwood Baptist Church, gave the invocation. COUNCIL OF GARDEN CLUBS Mrs. Mary Lee Nichols, president of the Council of Garden Clubs, and Mrs. Dyer, member, appeared before the City Council for approval of the sign to be installed at the Valley View Lane entrance to the City. Mrs. Nichols presented a drawing of the sign and explained the size, construc- tion, etc. of the sign. She said if the sign is approved it will be installed in about one month. Mayor Attebery said such a sign could be a real asset to the City but if not maintained properly could be a detri- ment, he asked the City Council if they would agree for the City to main- tain the sign. Councilman Mallon said he thought if the Garden Clubs pay for the sign and the installation the City would be very grateful and should agree to maintain the sign which will probably take very little maintenance. All the Councilmen agreed, the City will maintain the sign and pay the electric bill after completion of the installation. DR. WINSLOW'S ZONE CHANGE Mayor Attebery said, Mr. Grady Cates has said that he did not know and was not advised of the recommendations of the Zone Commission to the City Council, nor of the public hearing held by the City Council. The Mayor then explained the legal procedure of both the Commission's and the Council's hearings, but he had told Mr. Cates he could appear before the Council to state his opinion on the zone change request. Mr. Ginsberg, Attorney for Mr. Cates, spoke against the zone change. He spoke of deed restrictions and the contract between Dr. Winslow and Mr. Cates (Valwood Investment Company). He said the City Council had acted improperly in rezoning the property. Councilmen Hamilton and Mallon determined that the proper hearings were held and proper notices made. Councilman Mallon said in his opinion the Council should do what is to the best interest of the City. The City Page 112 should not attempt to enter into any agreement or disagreement between any two parties, the Council should decide solely on the best interest of the City. Mayor Attebery said, this is what t he City Attorney holds to be true, the City cannot interfere or enforce any deed restrictions. Councilman Hamilton said, I feel we have done the only thing we could do. Mr. Cates said his position is that each time the City breaks the chain of zoning it hurts the Shopping Center; one zone change calls for another. Councilman Hamilton asked, did we not rezone a piece of property for you just recently Mr. Cates? Did you not, at the time of your request for a change from residential to office building, say it would not be in competition with your Shopping Center? Councilman Page said he was not at the hearing but they have zoned areas lower than deed restrictions before and did not consider the deed restric- tions. If the Councilmen present believes they should have another hear- ing they should have one, otherwise he would be against it. Councilman Mallon said he did not see how the three gentlemen present at the hearing could not make a fair decision and did not feel they should have another public hearing. Councilman Hamilton said, I feel as long as Mr. Cates and Mr. Ginsberg have been doing business in this area they should know how the City conducts it's business and should have made it their business to know these things and do not feel the Council should have another public hearing. ORDINANCE NO. 293 - TAXI-CAB Councilman Hamilton said he had checked the rates that were proposed by Mr. Bridges and they are in line but did feel that Mr. Bridges should have informed the City Council when he added meters to his cab, which was in violation of the ordinance. The rate as accepted by the Council is: 45~ the first 1/2 mile, 10~ each 1/2 mile thereafter, $3.00 flat rate into Dallas. After the City Manager read the amendments of Ordinance No. 236, two sec- tions only changed with a penalty clause added, and one change made in Section 20, Councilman Page moved the ordinance be passed, seconded by Councilman Mallon, all voting "ayes". Caption of the ordinance. AN ORDINANCE OF THE CITY OF FARMERS BRANCU, TEXAS, AMENDING ORDINANCE NO. 236 OF THE CITY OF FARMERS BRANCH BY ADDING THERETO SECTION 20 PROVIDING THAT NO PERSON SHALL OPERATE A TAXI-CAB WITHIN THE CORPORATE LIMITS OF THE CITY EXCEPT AFTER MAKING WRITTEN APPLICATION AND OBTAINING THE APPROVAL OF THE CHIEF OF POLICE; BY ADDING THERETO SECTION 21 PROVIDING THAT THE POLICE DEPARTMENT SHALL HAVE THE RIGHT TO INSPECT ANY TAXI-CAB METER AT ANY TIME AND PROHIBITING THE OPERATION OF ANY TAXI-CAB, SHOULD ANY SUCH METER BE FOUND DEFECTIVE; BY ADDING SECTION 22 TO PROVIDE FOR A PENALTY FOR EACH OFFENSE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR VIOLATION OF ANY OF THE PROVISIONS OF ORDINANCE NO. 236, CITY OF FARMERS BRANCH, TEXAS AND DECLARING AN EMERGENCY. Page 113 REQUEST FOR WATER SERVICE IN CITY OF ADDISON Mrs. Jack Dunigan appeared before the Council to ask for water from the City of Farmers Branch to property in the City of Addison, making their own connection and laying their pipe. Mayor Attebery said, this is not the first time this has come before the Council, many others have made the same request and the policy of the Council has been to refuse these requests. Councilman Mallon said, we are negotiating with the City of Addison for concessions in exchange for water and sewer. The Mayor expressed his regret but felt the whole area must be straightened out before the City of Farmers Branch could service any part of the area. PUBLIC HEARING ON BUDGET - 1961-1962 City Manager Orman presented a review of the Budget and answered questions asked by the Council and from the floor. Mrs. Betty Subject objected to the proposed tax cut and Mr. Frank Tippitt suggested it could be cut more than the amount proposed. Councilman Mallon said he thinks the Council should consider the tax rate each year, they should explore all possibilities of expenditures each year, then decide what the rate will be. Mayor Attebery explained that the decision is not final and will not be made until after the public hearing. Councilman Page discussed the idea of being able to provide funds for the debt service requirements for any bonds that might be sold during this fiscal year depending upon the proposed bond issue. Mr. Dan Regan asked if the City has any bonds that have not been sold. The City Manager said, no. Mr. Regan then asked, if the bond issue does go through will the City sell any bonds this fiscal year? Mr. Orman said, I feel sure we would. Councilman Page said, I would like to say I am quite proud of this budget. Mr. C. B. Childress said, I would like to go along with that. I think this is very healthy and it is to be commended that the Council is contem- plating a cut in taxes and running the City as efficiently as possible. Mayor Attebery said since they did not have a full Council the Public Hearing would be continued until such time as a full Council could be present. He requested that the City Manager find a time when all could be present to make a decision on acceptance of the budget and to notify all the people present when such meeting will be held. DEMETRA APARTMENTS Mr. Gerald Pointer asked permission for deviation on his apartments in the Wathenia Park Addition and also asked the City to abandon a sanitary sewer easement on the property. Mr. John Gibson explained why the easement Page 114 would not be needed. Councilman Mallon moved, approve site plan as submitted and attach to the records of the City, abandon sewer easement no longer needed, all subject to the City Manager's study and approval; seconded by Council- man Page, all voting "ayes". SANITARY SEWER MAIN-- ORDINANCE NO. 304 - PROJECT NO. S-6 City Manager Orman and Mr. John Gibson presented a proposal from Mr. Louis Hexter. This proposal was for the City to participate in the cost of the installation of a sanitary sewer main along the north side of Valwood Parkway from Bee Street to the service road. The project includes 1176 feet of 8 inch sanitary sewer, 586 feet of 4 inch force main and a lift station. The lift station will be needed only until a gravity line can be constructed along the service road south. The total project cost will be $9,220 with the City's part being approxi- mately $4,150. Mr. Orman said the funds are available in the Sanitary Sewer Bond Fund. Councilman Mallon moved, appropriate $4,150 for the City's participation on this sanitary sewer project, seconded by Council Hamilton, all voting "ayes". UTILITIES FOR AREA IN NORTH BROOKHAVEN Mr. W. R. Hawn told the Council that he is going into business with Mr. Trammel Crow, they will ask for a change of zoning on 50 acres they are buying from the Brookhaven Development along Belt Line Road. They will need utilities, they have a prospect for a large warehouse that will need a lot of water and will need it within the next four months. Mr. Hawn has already talked with Mr. Darrington of the City of Carrollton about getting water from them until such time as the City of Farmers Branch can bring it to his property. Mr. Darrington told him the City of Farmers Branch would have to contact the City of Carrollton. Mr. Hawn then said, tonight I would like to know if you could go to Carrollton and ask them for water and sewer. Councilman Mallon said if Carrollton is willing to serve them he did not think the City of Farmers Branch should object. Mayor Attebery said, we are in favor of what you are proposing, we will talk to Carrollton, after you have a plan you come to us and we will help you all we can. Councilman Hamilton said, this will be a manufacturing plant, a pharma- ceutical plant, not a warehouse. Councilman Page asked, is it a definite fact that we cannot service the area? Mr. Orman said, I am sure Bud has looked into it but that he would check further. Page 115 FARMERS BRANCH LANE - VARIATION FROM STREET MASTER PLAN Mr. John Gibson, engineer for Northwood Homes, discussed the idea of not extending Farmers Branch Lane from Dennis Road to Webb Chapel Road. The Carrollton School District has purchased property on the east side of Dennis and has requested that the City Master Plan be changed to abandon or eliminate the extension of Farmers Branch Lane beyond Dennis Road. Mr. Gibson presented a plat showing the proposed alternate street location. Councilman Mallon said he could see no objection to abandoning the exten- sion of the street, but, they must settle the problem of the bridge across Farmers Branch Creek. The streets and bridges must be put in by the developer. Mr. Gibson said they had hoped the City would participate in the bridge construction, it will be a very expensive item and will determine whether or not they buy the property for development; unless the owner would come down on the price they could not afford to develop if they have to pay the full cost of the bridge. ORDINANCE NO. 294 - FLASHING SIGNALS ON SCHOOL BUSES Upon a motion by Councilman Page, seconded by Councilman Hamilton, all voting "ayes", an ordinance was passed requiring all school buses to be equipped with flashing signals. Caption of the ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, REQUIRING ALL PUBLIC OR PRIVATE SCHOOL BUSES TO BE EQUIPPED WITH FLASH- ING WARNING SIGNAL LIGHTS ON BOTH THE FRONT AND REAR OF SUCH BUSES; PROVIDING THAT SUCH WARNING LIGHTS MUST BE USED WHEN SUCH BUS IS STOPPED IN ORDER TO PERMIT THE CHILDREN TO ALIGHT FROM OR BOARD THE BUS; PROVIDING THAT ALL SCHOOL DISTRICTS, OFFICERS, EMPLOYEES OR INDIVIDUALS SHALL BE SUBJECT TO THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND DECLARING AN EMERGENCY. CABELL'S SCHOOL DAD'S CLUB Mr. E. K. Lukin, president of Cabell's School Dad's Club invited the Mayor and all Councilmen to attend a get acquainted affair on September 8 at 6:00 p.m. at the school building. REQUEST FOR LOWERED SPEED LIMIT ON JOANNA DRIVE Four residents from the 2900 block of Joanna Drive appeared to request the City Council to lower the speed limit on their block from 30 mph to 20 mph. Mayor Attebery explained that this was not the first such request made to them. It was one of the first requests he had made to the Council when he moved to Farmers Branch. After some discussion the Council instructed the City Manager to install 20 mph signs, on a trial basis, at each end of the block. Adjournment at 11:00 p.m. Dorthanna Williams, City Secretary P 116