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1975-08-18 CC Minutes1 L CITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING August 18, 1975 All members of the City Council were present: Mayor Mayor Pro Tem Councilmen: George G. Grimmer W. R. Linn John Dodd Bill McClung Ken Quevreaux Bill Binford Members of the City Administration present were: City Manager Paul M. West City Attorney Doug McCatton City Secretary J. W. Wade Director of Staff Services Glenn Moore' Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of August 18, 1975 to order at 7:30 P.M.. AGENDA ITEM NO. 1. - INVOCATION. J. W. Wade gave the invocation. AGENDA ITEM NO. 2. - APPROVAL OF MINUTES - August 4, 1975 After some consideration, a motion by Councilman Dodd, a second by Council- man Linn, all voting "aye", approved the minutes as submitted of the City Council meeting of August 4, 1975. AGENDA ITEM NO. 3. - PRESENTATION OF FIVE YEAR SERVICE AWARD. Mayor Grimmer presented a five year service award to Albert W. Gilbreath of the Water. Replacement Division for his employment with the city. AGENDA ITEM NO. 4. - PRESENTATION OF A CERTIFICATE OF COMMENDATION. REQUESTED BY COUNCILMAN DODD. Councilman Dodd requested to be on the agenda for the presentation of a certificate of commendation to Randy Diercoff, the 12 year old son of Mr. and Mrs. David O. Diercoff. Randy won third place in a National P. T. A. Cultural Art Contest for his play entitled "Our Heritage, Our Future". He was competing with two winners from each state. Councilman Dodd made a motion to adopt Resolution No. 75-029 commending Randy Diercoff. Councilman Linn seconded the motion. All voted "aye". Vol. 24, Page 65. AGENDA ITEM NO. 5. -DISCUSS REQUEST OF LIBRARY BOARD. Councilman Linn stated that enlight of some statements that have come to the City Council in form of copies of the Federal Register and H.E.W. and of the fact'that possibly the city would disqualify for membership in the Texas State Library Network and keep the library from receiving Federal H. E. W. Funds, he would make a motion to repeal the 2 5 ~ charge for additional issuance of library cards but leave the $I. 00 charge for those cards that might be lost. Councilman Binford seconded the motion. The motion carried 4 to 1 with Councilmen Linn, Binford, Dodd and McClung voting "aye" and Councilman Quevreaux voting "nay". Councilman Quevreaux stated that he opposed the motion because he believes the City Attorney has not had time to research to see if the city would be disqualified from receiving funds. Mr. Kenneth Welch, Chairman of the Library Board, offered the services of the Library Board if the Council wished to poll the citizens of Farmers Branch on the 25~ charge for the library cards. Mayor Grimmer replied to Mr. Welch that since the action was taken by the Council to repeal the charge on the cards, it was not necessary to poll the citizens. The Council thanked Mr. Welch for the offer of their services. AGENDA ITEM NO. 6. -HEAR STATEMENT OF FRIENDS OF LIBRARY. Mrs. Bonnie Smith, representative of the Friends of the Library, stated that since the Council took previous action repealing the 25~ charge for the library cards, the F3ie'nds of the Library would not make a statement concerning this but were going to think about the $1. 00 charge for the loss of cards and would give their opinion at a later date. AGENDA ITEM NO. 7. -CONSIDER REQUEST FOR DIRT. REQUESTED BY WALTER MARTIN. Mr. Walter Martin discussed the work of improvements that are now taking place on Cooks Creek close to the bridge on Hollandale. Mr. Martin requested fill dirt or concrete debris to be place in Cooks Creek upstream from where the City is now working, especially to fill in a deep hole that is in the new channel. Mr. Martin stated that the erosion problem along the channel is not any better. He requests the city to do improvements in the channel upstream as they are doing downstream. Mr. Martin inquired as to how the citizens can communicate with the Council on this problem other than coming to the City Council meetings. Mayor Grimmer informed Mr. Martin that they could communicate by writing to the City Council; and, also that there is a limit on the city's responsibility on protecting the out lying sections of drainage way. Vol. 24, Page 66,. AGENDA ITEM NO. 8. -CONSIDER PLAN OF RECLAMATION FOR FARMERS BRANCH- CARROLLTON FLOOD CONTROL DISTRICT. Mr. Phil Orr, Administration Vice President of the Farmers Branch- Carrollton Flood Control District, stated that in March of 1974, plans were initiated to create a flood control district that would protect land lying in the cities of Farmers Branch and Carrollton, bounded by the Elm Fork of the Trinity, Belt Line Road, the Railroad and the extension of L. B. J. Freeway, to protect this property from flooding. Mr. Orr expressed appreciation to the Council for their cooperation in the long process that has been involved. Mr. Orr stated the preliminary work is completed and aplan of reclamation will be presented at a `public hearing in Austin tomorrow. After reviewing Resolution No. 75-030 whereby the City of Farmers Branch endorses and recommends the approval of the Plan to the Texas Water Development Board, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", adopted Resolution No. 75-030, and of the three Councilmen going to Austin to attend the hearing appointed Councilman Quevreaux to be the spokesman for the City of Farmers Branch. AGENDA ITEM NO. 9. -CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR VINCENT'S SEAFOOD RESTAURANT. PROPERTY LOCATED AT 13327 MIDWAY ROAD. REQUESTED BY VINCENT'S SEAFOOD RESTAURANTS. Mayor Grimmer gave the following information: Vincent's Seafood Restaurants is planning to construct a restaurant facility on Tract B of the Treasury Addition. Tract B is located at the northeast corner of the Treasury property along Midway Road. The property is within the PD-1 (O-LI) zoning district. The PD zoning requires a site plan to be submitted for approval by the City Council prior to building permits being issued. Mayor Grimmer stated that the Planning and Zoning Commission recommends that the site plan presented to them be approved with the following conditions: 1. The building be moved 4' to the west, eliminating the sidewalk along the west property line (to allow more front yard setback along Midway Road.) 2. The fence surrounding the refuse area at the rear of the building to be a masonry fence blending with the exterior of the building. 3. The unpaved area in the parking lot to be landscaped or paved. Mr. Richard Wallace, representing the owners, stated that a revised site plan was being presented incorporating the three conditions recommended by the Planning and Zoning Commission. After some discussion, a motion by Councilman Linn, a second by Council- man Dodd, all voting "aye", approved the request of Vincent's Seafood Restaurants for site plan approval of Tract B of the Treasury Addition with the conditions recommended by the Planning and Zoning Commission. Vol. 24, Page 67_ AGENDA ITEM NO. 10. -CONSIDER HUMAN SERVICES DELIVERY SYSTEM PILOT PROJECTS. This item concerns information that was sent to the Council members on August 13, 1975, that was received from the North Central Texas Council of Governments. The information stated that the Dallas County Community Action Committee has submitted to NCTCOG for review and comment the proposed implementation of four proposed Human Services Delivery System (HSDS) pilot projects in Dallas County. The four potential pilot projects are: 1. The development of a transportation system by Dallas County Community Action Committee to provide transportation to eligible Title XIX recipients (Social Security) in Dallas County to and from medical providers. 2. The field testing of a new I & R. system which has been developed for Dallas County by the Dallas Public Library and the Dallas County Community College District. 3. The exploration of the possibilities of expanding DCCAC`s existing child care capabilities (Head Start and Parent/ Child Center) to fill gaps in the existing child care delivery system in Dallas County. 4. A fourth pilot project would relate to the top HSDS piorit,y, transportation. DCCAC would explore the feasibility of the establishment of a private company through which fleet purchase and leasing, maintenance and repair services could be made available contractually to the large number of human service agencies currently engaged in transportation activity. The HSDS Pilot Projects proposal is a pilot project resulting from a Human Services Delivery System (HSDS) planning effort undertaken cooperatively by the four Community Action Agencies of the area and NCTCOG. This study, funded by the Texas Department of Community Affairs, was intended to identify currently unmet human service needs in the area, and to develop pilot projects to meet those needs. A Texas Department of Community Affairs contractual agreement prevents the implementation of HSDS pilot projects within the jurisdiction of any local government which expresses an unwillingness to participate. Comments are requested by August 20. There was discussion of the Council not having sufficient time to study or time to receive additional information. After more discussion, a motion by Councilman Binford, a second by Councilman Linn, all voting "aye", instructed that NCTCOG be informed that the City of Farmers Branch does not wish to participate in the HSDS Pilot Projects. Vol. 24, Page 68. AGENDA ITEM NO. 11. -CONSIDER APPROVAL OF AMENDING THE COVENANTS AND RESTRICTIONS FOR WOODED CREEK ESTATES. Mayor Grimmer gave the following information: On August 11, 1975, the Planning and Zoning Commission approved a replat of the Wooded Creek Estates Addition. The replat gave permission to property owners to place certain temporary structures (wood fences, small accessary buildings, etc. ) in utility easements at the rear of their lots. The City has no utilities in the utility easements. The two utility companies with utilities in the easements, approved the replat. The developer and property owners of Wooded Creek Estates Addition wish to change the restrictive covenants to comply with the amended Wooded Creek Estates plat. Change of covenants requires approval from the City Council. The developer has prepared an amendment to the covenants and is requesting approval from the City of Farmers Branch. After some discussion and the City Manager stating that the replat would not affect the flood plain, a motion by Councilman Linn, a second by Council- man Quevreaux, all voting "aye", directed the City Manager to sign the amendment to the Declaration of Covenants, conditions and restrictions for Wooded Creek Estates as requested. AGENDA ITEM NO. 12. -CONSIDER REVISING THE SANITATION ORDINANCE. Mayor Grimmer gave the following information: Ordinance No. 1067 being presented for consideration will change the existing rate of garbage service of $2. 50 per unit less 2010 for apartments. The Ordinance proposes to charge apartments the same charges as other users of containers because there are containers located in all apartment complexes. All apartments are using containers and this will allow the city to provide the service needed at an equitable cost. The per unit cost presently being used is a greater charge than private garbage services charge. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", adopted the following captioned Ordinance No. 1067: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE CF ORDINANCES, AMENDING SECTION 14-37 DELETING APARTMENT HOUSE RATE AND DISCOUNT; AMENDING 14-38 TO CHARGE THE SAME RATES FOR APART- MENT COMPLEX COLLECTION AND DISPOSAL; PROVIDING MONTHLY RATES FOR VARIOUS SIZE CONTAINERS; PROVID- ING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200. 00) DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE. AGENDA ITEM NO. 13. -CONSIDER AWARDING BID FOR TRASH CONTAINERS. City Manager Paul West stated that four bids were received that met the specifications for 30, 6-yard and 30, 8-,yard containers for the Sanitation Division. Mr. West stated it was the recommendation of the Administration to award the bid to the low bidder, Industrial Disposal, for the total bid price of $19, 620. 00. Because this is not a budgeted item, this amount Vol. 24, Page 69, will need to be appropriated from the unappropriated reserve account. After reviewing the bid tabulation sheet, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", accepted the bid of Industrial Disposal Supply Company in the amount of $19, 620. 00 for 30, 6-yard and 30, 8-,yard containers , and authorized the appropriation of funds for the expenditure. AGENDA ITEM NO. 14. -CONSIDER AUTHORIZING THE ADVERTISEMENT FGR BIDS FOR STREET IMPROVEMENTS ON JOSEY LANE AT VALWOOD; AND ON RCSSFORD ROA.D. Mayor Grimmer gave the following information: Plans are being prepared for the widening of Josey Lane between Springvale and Valwood Parkway. This widening will permit a left turn lane for north-bound traffic and will relieve a problem at the intersection of JoseY Lane and Valwood Parkway. Plans are also being prepared for the improvement of Rossford Street from its intersection with Denton Drive near Havenhurst to an intersection with Denton Drive near Farmers Branch Creek. The City Administration recommends to have both street improvement projects constructed under one contract. After some discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye', authorized the advertisement for bids for street improvements on Josey Lane at Valwood, and on Rossford Road, under one contract. AGENDA ITEM NO. 15. -CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR SCALES FOR. THE SANITARY LANDFILL. Mayor Grimmer stated that the city made a committment in the landfill application to the State Health Department to install scales at the landfill. City Manager Paul Nest stated that the scales at the landfill is needed to give data and facts on the overall sanitation system which is necessary for an efficient operation. After more discussion, a motion by Councilman Dodd, a second by Council- man Quevreaux, all voting "aye", authorized the advertisement for bids for scales for the sanitary landfill. AGENDA ITEM NC. 16. -CONSIDER DEVELOPMENT PLAN FOR BROOK- HAVEN JUNIOR COLLEGE. Mayor Grimmer gave the following information: The College has presented a plan that they are calling an area development plan. It does not meet the requirements of the Subdivision Ordinance. The College is aware that it does not meet the Subdivision Ordinance. Vol. 24, Page 70. Dr. Bill Priest, Chancellor of the Dallas County Community College District, stated they the College District is following the advice of their attorneys in submitting their plan. Dr. Priest stated their attorneys tell them the College is not a subdivicbr and to be classified as such would be improper. Dr. Priest stated that the College District is most anxious to stay on schedule and make the college available to the community. He stated it was their hope that the attorneys from both bodies can get together and work out the details. Mayor Grimmer explained that the Subdivision Ordinance which must be followed is based on state law. Councilman Dodd spoke in favor of the College coming to Farmers Branch and suggested that the College people and the City Council get together for a study session and see what can be done to get the College built. Mrs. Joan Holliday, 14424 Hague, asked the City Council to explain what the problem is about the plan that had been submitted. Mayor Grimmer explained that a General Development Plan is required by a City Ordinance and which is specified by State law; and the plan submitted does not meet the requirements of the Ordinance. There was more discussion of the Council being in favor of the College being built in Farmers Branch. There was more discussion of the College Board meeting with the City Council to see if the problems can be worked out. Councilman Quevreaux made a motion that the General Development Plan be disapproved for non-compliance with Developers Ordinance No. 1048, and that Ordinance No. 1048 is hereby expressly reaffirmed, ratified, and passed. Councilman Linn seconded the motion, and all voted "aye". AGENDA ITEM NO. 17. -CITY MANAGER REPORTS. City Manager Paul Nest gave a report on the various activities of the various departments of the city. OTHER COMMENTS; Mrs. J. T. Madden, 14405 Sunrose, inquired about spraying for mosquitos in her area. A man in the audience suggested the agenda for the Council meetings be placed in the Library. There was more discussion between the members of the City Council and persons in the audience concerning the proposed "Brookhaven Junior College. Vol. 24, Page 71. MAYOR GRIMMER ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED AND THERE ARE ITEMS FOR DISCUSSION IN EXECUTIVE SESSION. Mayor Grimmer explained that Article 6252-17, Section 2 of the open meeting law provided that such items as Personnel Matters and Land Acquisition may be discussed in closed session. AGENDA ITEM NO. 18. - EXECUTIVE SESSION. A. Discuss Land Acquisition There was discussion concerning Mr. Byron Beck, living on Richland next to Squire Park offering the sale of his property to the city. b. Discuss Personnel Matters There was discussion of the request for settlement of the amount of $8, 000. 00 to Jack Hemby, a City employee who was injured' bn the job. THE MEETING WAS OPENED BACK INTO GENERAL SESSION. A. Land Acquisition A motion by Councilman Linn, a second by Councilman Dodd, all voting "aye", authorized the appropriation of funds in the amount of $8, 000. 00 and approved the purchase Df Mr. Byron Beck's property located at 25,23 Richland (a',65' x 1'61' tract of land located next to Squire Park) which property to be added to Squire Park. B. Personnel Matters A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", authorized the City Administration to settle with Jack He.mby for a total settlement of $8, 000. 00 providing he and his wife sign a full release to the city. AGENDA ITEM NO. 19. - ADJOURNMENT. A motion by Councilman McClung, a second by Councilman Binford, all voting "aye", adjourned the City Council meeting of August 18, 1975 at 9:10 P.M.. r May G or mer City,% cretary J. W. Wade oVol. 24, Page 72.