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1960-04-18 CC MinutesMINUTES OF A REGULAR MEETING CITY COUNCIL Farmers Branch, Texas April 18, 1960 The City Council convened in a regular meeting on April 18, 1960 at the Community Building at 7:30 P.M. with all members present: Mayor Oley Attebery Councilmen Sam Page H. N. Mallon John Wilsey Don Knox Bill Hamilton City Manager J. M. Orman City Secretary Dorthanna Williams Mayor Attebery called the meeting to order. Councilman Wilsey gave the invocation. The minutes of March 21 were approved. The minutes of April 4 were approved after a correction of the number of votes received by Bill Hamilton in the April 2 Election; minutes read: 369, they are corrected to read: 569. Councilman Wilsey moved the minutes be approved after this correction, seconded by Councilman Knox, passed unanimously. OATHS OF OFFICE Oaths of office were administered to Councilmen Wilsey and Mallon, installing them as Councilmen for a two year term. ELECT MAYOR PRO TEMPORE Councilman Wilsey nominated Councilman Mallon for the office of Mayor Pro Tempore. Councilman Mallon expressed his appreciation for this office but requested he not be nominated since his business calls him out of town so frequently. Councilman Knox moved that Councilman Wilsey be elected Mayor Pro Tem, seconded by Councilman Page and passed unanimously. Councilman Wilsey accepted the nomina- tion by thanking the Council for their faith and bestowing this honor upon him. APPOINTMENT OF CITY MANAGER Councilman Mallon moved the Council reappoint Mr. J. M. Orman as City Manager of the City of Farmers Branch, seconded by Councilman Wilsey, passed unanimously. INDUSTRIAL AREA-WEST FARMERS BRANCH Mr. Bob Langdon, President and Mr. William Mallery, Manager of the Chamber of Commerce appeared before the Council. Mr. LaaVQA said ~64 the Chamber has been working for some time on the development of this area and making a study on the drainage problem. They were appearing to ask the Council's help in securing easements from the property owners in the area so the channels (Cook's Branch and Raw- hide and Farmers Branch Creeks) may be prepared for drainage. The Highway Department will accept bids on the extension of Stemmons Expressway in the near future and the contractors bidding on the job may be induced to use the dirt from these channels to build the road. They also asked the City to pay $2,000 for a survey by Powell and Powell Engineers, or any engineer of their choice. He explained this survey will not be wasted because someday it will have to be made. They would like a development such as Brook Hollow Industrial area and once they get the drainage problem worked out the City should get a Master Plan of zoning, etc. He said they have been working with the U. S. Corps of Engineers in Fort Worth and they say the major problems are not with Elm Fork but with the local drainage. Mayor Attebery said the City would be enhancing real estate and it is not a good policy. There are 13 small property owners in the area that could be developed now, is it worth it to the City to fur- nish utilities, they will have to think what the returns will be to the City, and if the area is going to be developed the City will have to give somewhere. Councilman Mallon asked if all property owners have agreed to sign easements. Mr. Langdon said they have verbally agreed. Councilman Mallon then said, is there any thing wrong with enhancing real estate values when it helps the City? Also, shouldn't Carrollton pay a proportionate share of the cost since Carrollton property would be benefited, and would the land owners pay a share if their land is enhanced? Mr. Langdon said it would be hard to get them to pay a share when they have been approached to sell the dirt rather than give it. Councilman Wilsey said industry is not a function of the Council but it is an interest of the Council. He thinks $2,000 is a small amount of money to spend for such a survey and the City really needs these drainage ditches. Councilman Mallon moved they hire Powell and Powell Engineers to make this survey with certain conditions: the Chamber get all property owners to sign the agreements for both drainage ditches (agreements to be prepared by the City Attorney); Chamber assure the Council there are no major edifaces to be moved and restored; the City approach Dallas and Carrollton to help pay for survey; seconded by Councilman Knox, passed unanimously. City Manager Orman asked, will Powell and Powell go into enough detail for the contractors to use in their bidding? Mr. Langdon assured him that was the purpose of the survey. -126/ LONE STAR GAS RATE INCREASE Mr. Riggins, Manager of the local Lone Star Gas Company office said on February 15, 1960 the State Railroad Commission allowed a 5.4~ increase in gas rates. The distribution system has been paying this increase since that date and the Gas Company is asking for the same increase from their customers. 146 towns to date have agreed to this adjustment. Councilman Mallon asked if the Council has a right to disapprove this increase. Mr. Riggins said, yes, then in 60 days the company will send auditors into the area to determine the investment in the City and the rate will be increased plus the overall cost which would be a greater increase than they are asking. He added the Company has a right to make a return on their investment. Mayor_Attebery explained that most of the cities in the area sent their attorneys to the hearing in Austin to protest this increase. Mr. Orman said Farmers Branch Attorney Nichols was a member of the Committee that went to Austin. The Committee felt they had done all that could be done when they kept the rate from such a large increase of 9.44'r', that was first asked. This Committee has now been dissolved. Councilman Hamilton asked how long they have to decide on this? Mr. Riggins said he would like to have their answer tonight, the new rate will be effective May 1, 1960. Mayor Attebery suggested they have Attorney Nichols check the contract over and see if it complies. Councilman Wilsey stated the last thing the Council wants is a rate increase but they feel they have done all they can do to hold the increase down to 5.4~, the City knew they would eventually have to let them raise the rates. City Manager Orman and Councilman Hamilton agreed to make an appoint- ment and meet with Attorney Nichols on the following Thursday for a study of the contract and will advise Mr. Riggins of their decision. ORDINANCE NO.230-INWOOD INDUSTRIAL AREA Bob Hollin, Plan Consultant for the City, presented a zoning map, for acceptance in theory only, of the area bounded by Valley View Lane, Dooley Road, Spring Valley Road and Inwood Road. He asked for approval which would establish special conditions for granting building permits in the area. Mr. Hollin read the conditions which were prepared and approved by the Planning and zoning Commission and said this area is destined to be the first class industrial area in Dallas County. These conditions have been worked out in three meetings with the land owners, Planning and Zoning Commission and Plan Consultant to give maximum control by the City. Mayor Attebery asked if the conditions are so tight they would keep industry out. Mr. Hollin said, no, they were designed by Mr. Crossman and Mr. Crow who will do the developing. Councilman Hamilton asked about sewer and water for the area. It was pointed out on the map where the sewer could be connected and the water would come from the north where Dallas is putting in additional water distribution. Councilman Knox moved the ordinance be passed as presented, seconded by Councilman Wilsey, passed unanimously. Caption of the ordinance reads as follows: ORDINANCE NO. 230 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH AS HERETOFORE AMENDED SO AS TO GIVE THE FOLLOWING DESCRIBED PROPERTY A "C" COMMERCIAL DISTRICT CLASSIFICATION UNDER SPECIAL PERMIT, SAID TRACT BEING DESCRIBED AS FOLLOWS: TRACT A: BEGINNING AT THE POINT OF INTERSECTION AT THE NORTH LINE OF VALLEY VIEW LANE AND THE EAST LINE OF DOOLEY ROAD; THENCE NORTH ALONG SAID LINE OF DOOLEY ROAD A DISTANCE OF 4,195 FEET MORE OR LESS TO THE POINT IN THE CENTER LINE OF FARMERS BRANCH CREEK; THENCE IN AN EASTERLY DIRECTION FOLLOWING THE MEANDERINGS OF SAID CREEK TO A POINT FOR CORNER LOCATED 1,000 FEET EAST OF THE EAST LINE OF DOOLEY ROAD; THENCE IN A SOUTHERLY DIRECTION ALONG A LINE 1000 FEET OF AND PARALLEL TO THE EAST LINE OF DOOLEY ROAD TO A POINT FOR CORNER IN THE NORTH LINE OF VALLEY VIEW LANE; THENCE IN A WESTERLY DIRECTION A DIS- TANCE OF 1000 FEET TO A PLACE OF BEGINNING, SAVE AND EXCEPT THAT POR- TION OF THE ABOVE DESCRIBED AREA ACQUIRED FOR THE DEVELOPMENT OF THE OUTER METROPOLITAN FREEWAY; THAT SUCH PROPERTY IS TO BE USED FOR "C" COMMERCIAL DISTRICT PURPOSES UNDER SPECIAL PERMIT. SUBJECT, HOWEVER, TO THE SPECIAL CONDITIONS HEREINAFTER MORE FULLY ESTABLISHED THAT THE PROPERTY SHALL BE IMPROVED ACCORDING TO PLANS AND SPECIFICATIONS SUB- MITTED THEREFOR, WHICH SHALL BE APPROVED BY THE CITY COUNCIL AND THE CITY PLANNING COMMISSION, AND SUBJECT TO THE CONDITIONS CONTAINED HEREIN. AN ORDINANCE FURTHER AMENDING THE COMPREHENSIVE ZONING ORDIN- ANCE OF THE CITY OF FARMERS BRANCH AS HERETOFORE AMENDED SO AS TO GIVE AN "L-M" MANUFACTURING DISTRICT CLASSIFICATION UNDER SPECIAL PERMIT, SAID TRACT BEING DESCRIBED AS FOLLOWS: TRACT B: BEGINNING AT A POINT IN THE NORTH LINE OF VALLEY VIEW LANE 1000 FEET EAST OF THE EAST LINE OF DOOLEY ROAD; THENCE IN A NORTHERLY DIRECTION ALONG A LINE 1000 FEET EAST OF AND PARALLEL TO THE EAST LINE OF DOOLEY ROAD TO A POINT FOR CORNER IN A LINE WHICH IS THE EASTERLY PROJECTION OF THE CENTER LINE OF SPRING VALLEY ROAD; THENCE IN AN EASTERLY DIRECTION ALONG THE EASTERLY PROLONGATION OF THE CENTER LINE OF SPRING VALLEY ROAD TO A POINT FOR CORNER IN THE WEST LINE OF INWOOD ROAD; THENCE IN A SOUTH- EASTERLY DIRECTION ALONG SAID LINE OF INWOOD ROAD TO A POINT FOR CORNER IN THE SOUTH LINE OF THE E. FIKE SURVEY, ABSTRACT 478, SAME BEING A CORNER ON THE PRESENT CORPORATE LIMITS LINE OF THE CITY OF FARMERS BRANCH; THENCE IN A WESTERLY DIRECTION FOLLOWING THE PRESENT CORPORATE LIMITS LINE OF THE CITY OF FARMERS BRANCH A DISTANCE OF 1,600 FEET, MORE OR LESS, TO A POINT FOR CORNER; THENCE IN A SOUTHERLY DIRECTION FOLLOWING THE CORPORATE LIMITS LINE OF THE CITY OF FARMERS BRANCH TO A POINT FOR CORNER IN THE NORTH LINE OF VALLEY VIEW LANE; THENCE IN A WESTERLY DIRECTION ALONG SAID LINE OF VALLEY VIEW LANE TO THE PLACE OF BEGINNING, SAVE AND EXCEPT THAT PORTION OF THE DES- CRIBED AREA REQUIRED IN THE DEVELOPMENT OF THE OUTER METROPOLITAN FREEWAY; THAT SUCH PROPERTY IS TO BE USED FOR "L-M" MANUFACTURING DISTRICT PURPOSES UNDER A SPECIAL PERMIT, WITH THE EXCEPTION THAT THE FOLLOWING USES SHALL NOT BE PERMITTED IN SAID TRACT B: AIR- PLANE REPAIR AND MANUFACTURE, BANK EQUIPMENT MANUFACTURE, BOILER MANUFACTURE, AND REPAIR OF BOILERS, BROOM MANUFACTURING, CARPET CLEANING, COAL YARD, COAL HOIST, COAL POCKET OR COAL CAR TRESTLE, COTTON GINNING AND BALING, COTTONSEED PRODUCTS MANUFACTURE, DISIN- FECTANT MANUFACTURE, DYE MANUFACTURE, FLOUR MILLING AND GRAIN STORAGE AND ELEVATORS, GASOLINE WHOLESALE STORAGE, GRAIN ELEVATOR, GRAVEL PITS, INTERURBAN RAILWAY SHOPS AND YARDS, RAILWAY TERMINAL AND YARDS, BUS AND TRUCK STORAGE, CAR BARNS, CEMENT STORAGE (NOT ENCLOSED), MOTORCYCLE REPAIRING, MINIATURE GOLF COURSE, PENAL OR CORRECTIONAL INSTITUTION FOR THE INSANE, FEEBLE MINDED, LIQUOR OR NARCOTIC PERSONS, SECOND-HAND FURNITURE, STORAGE OF TRUCKS „ SAND OR GRAVEL, STORAGE AND SALES OF USED AUTO PARTS AND ACCESSORIES, STREETCAR BARN, HORSESHOEING, LIVERY STABLE, POULTRY SLAUGHTERING, PUBLIC STABLES, RAILROAD YARD, ROUNDHOUSE OR SHOP, RIDING ACADEMY, ROCK CRUSHING, SAND AND GRAVEL PIT, STABLE, STONE QUARRY, STORAGE OF LINE POULTRY OR POULTRY DRESSING, SUBJECT TO THE SPECIAL CONDI- TIONS HEREINAFTER MORE FULLY ESTABLISHED; THAT THE PROPERTY SHALL BE IMPROVED ACCORDING TO PLANS AND SPECIFICATIONS SUBMITTED THERE- FOR WHICH SHALL BE APPROVED BY THE CITY COUNCIL AND THE CITY PLAN- NING COMMISSION AND SUBJECT TO THE CONDITIONS CONTAINED HEREIN; PROVIDING FOR PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE, AND DECLARING AN EMERGENCY. SPECIAL PERMITS RICH CONCRETE COMPANY AND GO-CART TRACK City Manager Orman read recommendations to the Council from the Planning and Zoning Commission's special meeting held on April 14, 1960. He introduced Mr. W. J. Deford, representing Rich Concrete Company, who requested approval to install a ready mix concrete plant in Farmers Branch to be located in the northwest portion of an 80 acre tract owned by Mrs. Alfreda Pollard in the James F. Chenoeth Survey, Abstract 267. Mr. Deford pointed out the area concerned on the map and said this area does not overflow. Councilman Mallon said there a a great contest on for ready mix concrete plants for locations, would the Council turn down one at Inwood location and approve this one. Mr. Deford said he would like the Inwood area but picked this location because he felt the Council would not approve the other location. Councilman Wilsey said they were deciding on an individual problem and it would be an ideal location for a cement plant. Councilman Knox said they could turn down ones in areas where the Council did not approve but this would be a logical location. Councilman Wilsey said he would not be in favor of taking gravel out. Mr. Deford said they do not plan to use gravel there but will bring it in and if the City wants industry it must go west. Mayor Attebery said the City should Master Plan this area. The City has been thinking in terms of heavy industry. Councilman Mallon asked about a commitment of a definite duration, say a 10 year permit? It does not seem objectionable now, but the City may change its mind in the future. Mr. Deford said $125,000 will eventually be a small investment in this area but they would like a permit for as long as they make money and pay city taxes. Councilman Wilsey moved the special permit be approved, seconded by Councilman Knox, passed unanimously. Mr. C. M. Toombs, Valley View, asked if he would be allowed to speak. He said the area in question was flooded in 1949 and even more so in 1942. Councilman Knox explained that since that time conditions have been improved by two new lakes. Mr. Toombs said he had asked for a plant on his property near this area several months ago and was advised that he would probably get only a temporary permit. He said he had not gone to the Planning and Zoning Commission with his request because he was not interested in a temporary permit. He asked the Council if it was their thinking if he applied now he might get a permit. City Manager Orman advised him to go to the Planning and Zoning Commission. Councilman Wilsey said if they follow the temporary permit line of reasoning the City may never get indus- try started in that area. He added the Master Plan is being prepared and streets and sewer is already prepared. Mayor Attebery explained the Army Engineers will have completed their survey in 1961 and the City will then have a full report on the area. Councilman Knox moved that a temporary permit for 1 year be approved for R. S. Dickerson to operate a Go-Cart track on Valley View in view of recommendation for approval from the Planning and Zoning Com- mission, seconded by Councilman Hamilton, passed unanimously. ORDINANCE NO.231-FISCAL AGENT'S FEE Upon a motion by Councilman Wilsey, seconded by Councilman Knox, an ordinance was passed appropriating funds for the last bond sale of the three-year bond program. Caption of the ordinance reads as follows: ORDINANCE NO. 231 AN ORDINANCE SETTING FORTH THE AMOUNT OF THE FISCAL AGENT'S FEES IN CONNECTION WITH THE SALE OF $245,000 IN REVENUE BONDS AND $196,000 IN GENERAL OBLIGATION BONDS; APPROPRIATING FUNDS FOR THE PAYMENT THEREOF AND AUTHORIZING THE CITY MANAGER TO MAKE SAID PAYMENT. The amount to be paid - Total - $4,410. 16-INCH WATER MAIN PLANS Councilman Knox moved approval of plans and to advertise for bids for the construction of a 16-inch water main which will complete a large loop around the south of the City, seconded by Councilman Page, passed unanimously. This is a part of the water improvements program that was discussed prior to the latest sale of bonds. HARRY LEMMON'S DISPUTED WATER BILL City Manager Orman reviewed the story on Mr. Lemmon's water bill. The disputed amount is $217.00 and he is willing to pay half of this amount plus water used since that time. Councilman Wilsey said legally he owes the full amount and he was against any deminishing of the bill but on condition the meter is the sole referee of the billing from now on he is in favor of settling with him. City Manager Orman explained to Councilmen Page and Hamilton that legally Mr. Lemmon owes this amount but the City made a billing error and it does leave room for doubt. Councilman Wilsey moved the bill be cut in half if in the future the whole amount will be paid, seconded by Councilman Knox, passed unani- mously. BOND REQUIREMENTS FOR PLUMBERS AND ELECTRICIANS Councilman Page asked if the City has, or could have, requirements for plumbers and electricians to make third party recovery bonds. He explained that some cities have this requirement and he thinks it would be a good plan for the City of Farmers Branch. Mayor Attebery said it would be an idea to refer to the Electrical Board and there would be more discussion on this in other meetings. SPECIAL MEETING The Council set Saturday Morning, April 23, from 8:00 to 10:00 A. M., for a special session. There being no further business the meeting was adjourned. thanna Williams, City Secretary 1 P06 6