Loading...
1975-10-20 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING October 20, 1975 All members of the City Council were present: Mayor George G. Grimmer C. Mayor Pro Tem W. R. Linn Councilmen: John Dodd Bill McClung Ken Quevreaux Bill Binford Members of the City Administration present were: City Manager Paul M. West City Attorney Doug McCallon City Secretary J. W. Wade Director of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of October 20, 1975 to order at 7:30 P.M.. AGENDA ITEM NO. 1, - INVOCATION. Glenn Moore gave the invocation. AGENDA ITEM NO. 2. - APPROVAL OF MINUTES. After some consideration, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", approved the minutes of the meeting of October 6, 1975, as submitted. DECLARING AN EMERGENCY AND PLACED ITEM ON AGENDA. After some discussion, a motion by Councilman Binford, a second by Council- man Quevreaux, all voting "aye", declared an emergency and placed on the agenda as Item No. 4, a. -Consider Taking Position on Resolutions to be Presented at the Texas Municipal League Meeting, October 25-28, 1975 in Houston. AGENDA ITEM NO. 3. -PRESENTATION OF SERVICE AWARDS. mayor Grimmer presented a twenty year service award to D. E. Busby of the Fire Department and a ten year service award to Charlie Gentry of the Park Department for their employment with the city. Vol. 24, Page 97. AGENDA ITEM NO. 4. -CCNSIDER RESOLUTION REQUESTING TEE FRE- SERVATION OF LAKES AND GREENBELT AREA ON FARMERS BRANCH CREEK IN FARMERS BRANCH. Mayor Grimmer gave the following information: This item has been requested to be placed on the agenda by Councilman Dodd. The City Administration received a letter approximately two weeks ago notifying the city that one of the property owners along Farmers Branch creek proposed to remove two dams located on his property. It is believed that the lakes impounded by these dams will be an important asset for future open space along the creek. There is no legal basis for refusal by the city to allow the removal of these dams. Some of the home owners in the area object strongly to the removing of the dams and there had been some misinformation that the city had supported the action of removing the dams. Councilman Dodd read Resolution No. 75-037 that had been prepared for consideration. A copy of the resolution is attached to this page. Councilman Dodd stated the intent of Resolution 75-037 is to let it be known of what the policy of the City Council is towards greenbelt areas and private use of land. The resolution also can clear up the misunderstanding of some citizens thinking that the city has or is encouraging the removal of the dams. There was discussion on the wording of the resolution and on whether or not the resolution was necessary. There was discussion of the possible civil suit that might be involved between the property owner and some of the people in the area. Councilman Dodd made a motion to adopt Resolution No. 75-037. Councilman Linn seconded the motion. The motion failed 3 to 2 with Councilmen McClung, Quevreaux and Binford voting "nay", and Councilmen Dodd and Linn voting "aye". The,.Cit,y Council asked that the records show that the City Administration of the City of Farmers Branch has not in any way encouraged the removal of the dams by the property owner, and, the City Council believes this matter should be worked out by the private parties involved. AGENDA ITEM NO. 4, a. -CONSIDER TAKING POSITION ON RESOLUTIONS TO BE PRESENTED AT THE TEXAS MUNICIPAL LEAGUE MEETING, OCTOBER 25-28, 1975 IN HOUSTON. Mayor Grimmer stated that the City had received the resolutions today that are to be presented at the TML meeting on October 25, -October 28, 19Z , and they are being presented to the City Council to see if the Council wishes to take positions on anyone of them in order that the Council members going to Houston may know the position of the Council. Vol. 24, Page 98. RESOLUTION NC. 75--037 WHEREAS, the City Council or the City of Farmers Branch recognizes the rights and privileges of all its citizens pertaining to the benefits and responsible use of private land holdings, and WHEREAS, it is not the policy of the City Council to unduly restrict the enjoyment of any property right so long as the eercise of such right does not adversely affect other citizens or the community as a whole, and WHEREAS, the City is engaged in a continuing program of providing a better enjoyment of public land by the preservation and beautification of waterways, lakes and open spaces, and WHEREAS, the City is appreciative of the efforts of those citizens who have made similar improvements on private land, and WHEREAS, the natural creek, lakes and the flood plains along our creeks provide the most practical areas for providing open space convenient to residential areas of our city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: SEC` 10N 1. That the City Council of the City of Farmers Branch hereby affirms its preference that Farmers Branch Creek and the unoccupied portions of the flood plain, waterways and lakes along said creek be preserved and protected as continuous open space throughout the residential areas of the City. DULY PASSED AND APPROVED by the City Council of the City of Farmers Branch, Texas on this the day of . 1975. APPROVED: Mayor ATTEST: City Secretary APPROVED AS TO FORM: City Attor ;ear' Mayor Grimmer read each proposed resolution before the following action was taken on that particular resolution. Councilman Binford made a motion to be in favor of the resolution on Pollution Standards Mandated by State and Federal Authorities. Councilman McClung seconded the motion. The motion carried . Councilman Dodd abstained from voting because of not having enough time to study the proposal. Councilman McClung made a motion to be in favor of the resolution on the liability of local elected officials. Councilman Linn seconded the motion. All voted "aye". Councilman Linn made a motion to be in favor of the resolution concerning proposed National Workmen's Compensation Legislation. Councilman McClung seconded the motion. The motion carried. Councilman Dodd abstained. Councilman Quevreaux made a motion to oppose the resolution concerning the National Housing and Community Development Act of 1974. Councilman Binford seconded the motion. The motion carried, Councilman Dodd abstained. Councilman Binford made a motion to oppose the resolutions concerning revenue sharing because the City of Farmers Branch has previously expressed opposition to revenue sharing. Councilman Quevreaux seconded the .motion. The motion carried. Councilman Dodd abstained from voting because of not have enough time to study the proposed resolutions, Councilman Quevreaux made a motion to oppose the resolution on local trans- portation needs. Councilman McClung seconded the motion. The motion carried. Councilman Dodd disaualified himself from voting because of not being knowledgeable enough on the proposal. Councilmen Quevreaux and McClung voted "aye", Councilmen Binford and Linn voted "nay", -and Mayor Grimmer voted "aye", breaking the tie. Councilman Dodd made a motion to be in favor of the resolution concerning penalties for the use of any handgun in the commission of a crime. Councilman McClung seconded the motion. The motion carried. Councilman Quevreaux voted "nay". Councilman Dodd made a motion to be in favor of the resolution on forced busing, Councilman Linn seconded the motion and all voted "aye", Councilman Linn made a motion to oppose the resolution on State Codes. Councilman Binford seconded the motion and all voted "aye". Councilman Binford made a motion to be in favor of the resolution opposing Federal Financial Aid to prevent Bankruptcy of State and Local Governments. Councilman Linn seconded the motion and all voted "aye". Vol, 24, Page 99. Councilman Linn made a motion not to take any action oft the resolution on automatic fuel adjustment clauses. Councilman Dodd seconded the motion and all voted "aye". AGENDA ITEM NO. 5. - CONSIDER REVISED EASTERN THOROUGH- FARE PLAN. Mayor Grimmer gave the following information from a memo to the Council from the Administration: The official Thoroughfare Plan for the eastern section of Farmers Branch should be updated to conform with the plan approved for the college for the extension of Alpha Road. The attached drawing indicates the new alignment of Alpha Road with the continued designation as a Collector Street. No other changes have been made in the plan. After some discussion, a motion by Councilman Linn, a second by Council- man Dodd, all voting "aye", approved the revised Eastern Thoroughfare Plan as indicated on the, attached drawing. AGENDA ITEM NO. 6. - CONSIDER ORDINANCE NO. 1081 PROHIBITING _TRUCK TRAFFIC ON FARMERS BRANCH LANE BETWEEN DENTON ROAD AND JOSEY LANE. Mayor Grimmer gave the following information from a memo to the Council from the Administration: The residential character of this street including its width and strength dictate that it be restricted to traffic no greater than 3/4 ton capacity. This restriction will prolong the life of the street and reduce hazardous traffic at the school crossing. Mr. Alvin Thomas, 2668 Leta Mae, suggested that Tom Field Road be included in the ordinance since it was a through street from Valley View Lane to Farmers Branch Lane. Councilman McClung made a motion to adopt Ordinance No. 1081, which prohibited truck traffic on Farmers Branch Lane. Councilman Binford seconded the motion. After some discussion, Councilman Binford asked to amend the motion to include Tom Field Road from Valley View Lane to Farmers Branch Lane. Councilman McClung approved the amendment. All voted "aye" to adopt, the following captioned Ordinance No. 1081: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROHIBITING MOTOR VEHICLES OR ANY TRAILER EXCEEDING MANUFACTURER'S RATED CARRYING CAPACITY CF 3/4 TON ON FARMERS BRANCH LANE BETWEEN DENTON ROAD AND JOSEY LANE AND ON TOM FIELD ROAD BETWEEN FARMERS BRANCH LANE AND VALLEY VIEW WHEN SIGNS ARE POSTED; PROVIDING FOR A PENALTY AND DECLARING AN EMERGENCY. Vol. 24, Page 100. } f. ti NOTES 3 4 + L _ _-e { MI DJ MAY ROAD TYPICAL SECTION `KITH 100' ft:0.`N- 33 AGENDA ITEM NO. 7. -CONSIDER ORDINANCE NO. 1082 ADOPTING THE 1975 EDITION OF THE NATIONAL ELECTRICAL CODE. Information given to the City Council in a memo from the Administration: The National Electrical Code is used by most cities and industries as the guide for good electrical construction practices. The Code is prepared by the National Fire Protection Association and revised and updated editions are published at three year intervals. The City of Farmers Branch currently uses the 1971 Edition of the National Electrical Code as a part of its Electri- cal Ordinance. Ordinance No. 1082 will amend the Code of Ordinances so as to adopt the 1975 Edition of the National Electrical Code in its entirety with the exception that Section 210-8, paragraph B, be deleted. (The requirement for ground fault detectors to be installed on temporary poles has been deleted for the time being. ) Ordinance No. 1082 also amends the Code of Ordinances to i.ncrea5s electrical permit fees, licensing fees and examination fees. As can best be determined, these fees have not been increased since the original ordinance was adopted in 1958. Increasing the fees will place Farmers Branch generally on an average with other cities in this area. Mrs. Cynthia Stanaland, 12220 Brisbane, questioned that on page 3, Sec.11-59, should it say "All applicants shall be at least eighteen (18) years of age and shall be a citizen of the United States." She questioned whether or not a person had to be a citizen of the United States or could they be a legal resident for this requirement. Councilman Binford requested consideration be given to making a change on page 6, in Sec. 11-59, c. Reinspection; change the last sentence to read; "For each subsequent reinspection, made necessary by incompetent or negligent work., the fee shall be $5. 00." After more discussion, a motion by Councilman Linn, a second by Councilman Dodd, all voting "aye", adopted the following captioned Ordinance No. 1082 after changes in Section 11-59, (F) on page 3, (a) to read: "All applicants shall be at least eighteen (18) years of age and shall be a legal resident. and change on page 6, Section 11-59, (M), c. Reinspection; the last sentence to read: "For each subsequent reinspection, made necessary by incompetent or negligent work, the fee shall be $5. 00: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 11, ELECTRICAL CODE, SECTIONS: 11-2, 11-5, 11-6, 11-56, 11-59, 11-62, 11-63, 11-66, 11-68, 11-69, 11-77 and 11-95; PROVIDING RULES AND REGULATIONS; PRO- VIDING FOR FIRE DISTRICTS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. Vol. 24, Page 101. AGENDA ITEM NO. 8. -CONSIDER INITIATING RESOLUTION FOR IMPROVEMENTS ON A PORTION OF JOSEY LANE FROM SPRING- VALE TO VALWOOD A.ND IMPROVEMENTS ON ROSSFORD ROAD. Mayor Grimmer gave the following information from a memo to the City Council from the Administration: The improvements of Josey include widening of the street to its ultimate width of 6-lanes divided, from a point 11-feet north of the north right-of-way line of Valwood at its intersection with Josey Lane to a point 540 feet south of the point of beginning. These improvements include complete signalization of the intersection of Josey and Valwood. In addition, Rossford Road will be improved from Havenhurst south to the point at which it ties into Denton Road. Resolution No. 75-036 is being presented for the initiating resolution for improvements on Josey Lane and Rossford Road. After some discussion, a motion by Councilman Binford, a second by Council- man Linn, all voting "aye adopted Resolution No. 75-036 AGENDA ITEM NO. 9. -CONSIDER RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING ADVERTISEMENT FOR BIDS AND DIRECTING THE PREPARATION OF ROLLS AND ESTIMATES FOR: a. Midway Bridge and a Portion of Midway Road b. A Portion of Alpha Road. Mayor Grimmer gave the following information from a memo to the City Council from the Administration: The initiating resolution considering improvements to the Midway Bridge and a portion of Midway Road Project and to a portion of Alpha Road was passed at the Council meeting of October 6, 1975. Resolution No. 75-035 is the secondary step required by State Law prior to accepting the bids and awarding the contract. The Administration recommended that the Council adopt Resolution No. 75-035. After some discussion, a motion by Councilman Dodd, a second by Council- man Quevreaux, all voting "aye", adopted Resolution No. 75-035 that approves the plans and specifications, authorizes the advertisement for bids, and directs the preparation of rolls and estimates for the Midway Bridge-and a portion of Midway Road Project and the portion of Alpha Road Project. AGENDA ITEM NO. 10. -CONSIDER THE PURCASE OF REFUSE SACKS. City Manager Paul West stated that the City had received and open bids on October 9, 1975 for approximately 1, 300, 000 refuse sacks. The basic bid called for the same sack as was purchased on the last order approximately 2 years ago. This bag is a 2 ply, wet extensible natural Kraft paper with printing on one side in color only. Four alternate bids were asked for. Bids were mailed to nine bidders and four were returned. After reviewing the bid tabulations on the refuse sacks, Councilman McClung made a motion to award the bid to St. Regis Paper Company in the amount of $164, 450. 00 for approximately 1, 300, 000 refuse sacks (One years supply) on their Alternate #1 bid which has no printing on the sacks. Councilman Quevreaux seconded the motion. The motion carried 3 to 2, with Councilmen McClung, Quevreaux and Linn voting "aye", and Councilmen Dodd and Binford voting nay . Vol. 24, Page 102. AGENDA ITEM NO. 11. -CONSIDER THE PURCHASE OF A PICK-UP TRUCK. FOR THE PARK AND RECREATION DEPARTMENT. Mayor Grimmer gave the following information from a memo to the Council from the Administration: Bids for a pick-up were sent to six vendors, only one returned a bid. Alternate bids were requested for a heavy-duty 1/2 ton and a 3/4 ton pick-up. Dodge Trucks, Inc, met all specifications. There was a $56. 70 difference between the 1/2 ton and the heavy-duty 1/2 ton in price. The heavy-duty 1/2 ton has a GVW of 1, 500 lbs. greater than the standard 1/2 ton. The Administration recommends that the bid be awarded for the heavy-duty 1/2 ton pick-up in the amount of $3, 901. 77 to Dodge Trucks, Inc. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", awarded the bid of the amount of $3, 901. 77 to Dodge Trucks, Inc, for a heavy-duty 1/2 ton pick-up. AGENDA ITEM NO. 12. -CONSIDER THE PURCHASE OF COMMUNICATION_ EQUIPMENT FOR THE POLICE DEPARTMENT. Mayor Grimmer gave the following information from a memo to the Council from the Administration: Three bids were received on October 14th for a Four-Channel Dual Transport-Reproducer for the Communications Division of the Police Department. One bid did not meet the specifications. The low bid meeting the specifications is Dictaphone of the amount of $6, 207. 75 with delivery time of 90 -120 days. After reviewing the bids, a motion by Councilman Binford, a second by Council- man Quevreaux, all voting "aye", awarded the bid in the amount of $6, 207. 75 to Dictaphone for the purchase of a Four-Channel Dual Transport-Reproducer for the Police Department. AGENDA ITEM NO. 13. -CONSIDER THE PURCHASE OF A STREET SWEEPER FOR THE STREET DIVISION. City Manager Paul West stated that bids were opened on October 17, 1975 for one street sweeper. The base bid requested specifications for a diesel engine which powers the entire unit. The alternate bid requested specifications for two diesel engines; one for the chassis and one for the sweeping units. Two bids were received. The. bid meeting the specifications is from Arlington Equipment in the amount of $35,900.00. After some discussion, a motion by Councilman Binford, a second by Council- man Linn, all voting "aye", awarded the bid in the amount of $35, 900. 00 to Arlington Equipment for the purchase of a street sweeper. 11/1AYCR GRIMMER. RECOGNIZED THE MEMBERS OF BOY SCOUT TROUP #737 WHO WERE PRESENT FOR THE MEETING. Vol. 24, Page 103. AGENDA ITEM NO. 14. -CONSIDER THE PURCHASE OF A CONCRETE PUMP FOR THE STREET DIVISION. City Manager Paul West stated that bids were received and opened on October 17, 1975 for one concrete pump to be used in the Street Division. Two bids were received. It is the recommendation of the Administration to award the bid to the lowest bidder, Moody Day Company, in the amount of $9, 995. 00. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", awarded the bid in the amount of $9, 995. 00 to Mooday Day Co_mpa.nv for the purchase of one concrete pump. AGENDA ITEM NO. 15. -CONSIDER THE PURCHASE OF A DUMP TRUCK FOR THE STREET DIVISION. City Manager Paul West stated that bids were received and opened on October 17, 1975 for one 1975 truck with a dump body to be used in the Street Division. Four bids were received. It is the recommendation of the Administration to award the bid to the lowest bidder, Metro Ford, in the amount of $10, 999. 91. After some discussion, a motion by Councilman. Binford, a second by Council- man Quevreaux, all voting "aye", awarded the bid in the amount of $10, 999. 91 to Metro Ford for the purchase of one 1976 truck with a dump body. AGENDA ITEM NO. 16. -CONSIDER THE PURCHASE OF AN ASPHALT DISTRIBUTOR FOR THE STREET DIVISION. City Manager Paul West stated that bids were received and opened on October 17, 1975 for one asphalt distributor to be used by the Street Division. Two bids were received. It is the recommendation of the Administration to award the bid to t.Lle lowest bidder, Berry Brothers, in the amount of $7, 366. 96. After some discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", awarded the bid in the amount of $7, 366. 96 to Berry Brothers for the purchase of one asphalt distributor. AGENDA ITEM NO. 17. -CITY MANAGER REPORTS. City Manager Paul West gave a report on the various projects and happenings in the various departments within the city. OTHER COMMENTS. Mr. Alvin Thomas inquired about the school zone crossing on Farmers Branch Lane that was needed. 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. THE MEETING WILL BE OPENED BACK INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. Mayor Grimmer explained that Article 6252-17, Section 2 of the open meeting law provided that such item as Land Acquisition may be discussed in closed session. Vol. 24, Page 104. AGENDA ITEM NO. 18. EXECUTIVE SESSION. a. Discuss Land Acquisition City Manager Paul West gave a status report on the following land acquisition projects: Sanitary Landfill, Baptist Foundation concerning additional land and right of way negotiations, and the Alpha Road right-of-way negotiations. City Attorney Doug McCallon gave an up to date report of the various law suits pending with the city involved. THE MEETING WAS OPENED BACK INTO GENERAL SESSION. No action was needed on items of discussion in Executive Session. AGENDA ITEM NO. 19. -ADJOURNMENT. Upon a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye the City Council meeting was adjourned at 9:10 P. M. . May Kr orge 21 mmer City Sectary J Vol. 24, Page 105.