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1976-04-19 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES CF A REGULAR MEETING April 19, 1976 1 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro Tem W. R. Linn Councilmen: John Dodd Bill McClung - Fred Johnson 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 April 19, 1976 to order at 7:30 p, m. . AGENDA ITEM NO. 1. - INVOCATION Glenn Moore gave the invocation. AGENDA ITEM NO. 2. - APPROVAL OF MINUTES - April 5, 1976 After some consideration, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", approved the minutes of the City Council .meeting of April 5, 1976 as submitted. AGENDA ITEM NO. 3. - PRESENTATION OF SERVICE AWARD Mayor Grimmer presented a five year service award to Cass Reason of the Fire Department for his employment with the city. AGENDA ITEM NO. 4. -CANVASS CITY ELECTION RETURNS AND PASS CANVASS ORDER RESOLUTION AND SWEAR INTO OFFICE THE ELECTED CANDIDATE. Mayor Grimmer declared that one copy of the returns of the City Run-Off Election of April 17, 1976 for Councilman Place 2, a poll list and tally list were delivered to him and has been in his possession until the present time. Mayor Grimmer gave the results of the election. The following number of votes were cast for the following named candidates for the office of Council- man Place 2, to-wit: Vol. 25, Page 72. Name Fred Johnson Carol Dingman Number of Votes 494 297 A motion by Councilman Linn, a second by Councilman Binford, all voting "aye", accepted the canvass of the returns and declared that Fred Johnson, having received a majority of the votes for the office of Councilman, Place 2, to be elected to said office to serve after qualifying until the regular muni- cipal election in 1978, and until his successor shall have been elected and shall have qualified. Mayor Grimmer administered the oath of office to Councilman Place 2, Fred Johnson. Mayor Grimmer presented a certificate for serving on the Council to Ex-Councilman McClung and expressed appreciation for his faithful service while serving on the Council. Showing appreciation for Ex- Councilman McClung's services, Mayor Grimmer presented him a watch. AGENDA ITEM NO. 5. -ELECT MAYOR PRO-TEM Upon a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", elected Councilman Bill Binford as Mayor Pro-Tem. AGENDA ITEM NO. 6. -PUBLIC HEARING: TO CONSIDER ANNEXATION OF INTERSECTION AT FYKE ROAD AND WEBB CHAPEL ROAD AND DISANNEXATION OF THE INTERSECTION AT JOSEY LANE AND FYKE ROAD. Mayor Grimmer opened the public hearing to consider the desirability of annexing the intersection at Fyyke Road and Webb Chapel Road and disannexing the intersection at Josey Lane and Fyke Road. This hearing is required by State law and the City Charter. The ordinance completing the annexation _ and disannexation process will not be considered for adoption at this meeting. State law requires the ordinance be passed within 10 days and not more than 20 days, after the date of the public hearing. The annexation of the land at Fyke Road and Webb Chapel Road cannot be completed until a parallel dis- annexation proceeding is accomplished by the City of Carrollton. Mayor Grimmer asked if there was anyone in the audience who wished to speak in favor of the consideration. The following spoke: Mr. Wayne Cloud, President of the McLaughlin Elementary School P. T. A., spoke in favor of annexing the intersection of Fyke and Webb Chapel Roads, and of the installation of traffic control lights at this location. Mr. Cloud presented written information on the traffic situations at McLaughlin School. Mr. Cloud also presented the results with recommendations of a traffic survey made by James A. Jenne, Traffic Safety Coordinator for the City of Carrollton. Mr. Cloud reported that on March 25, 1976, the School Board accepted the traffic safety plan presented by Mr. James Jenne pertaining to the McLaughlin Elementary School. Mr. Cloud requested the City Council to consider and support the plan of Mr. Jenne. Vol. 25, Page 73. A transparency of the proposed plan of Mr. Jenne was displayed and discussed by Mr. Cloud. Mayor Grimmer asked if there was anyone in the audience who wished to speak in opposition of the consideration. No one spoke. After some discussion between the Council members and Mr. Cloud concerning the recommendations of the traffic engineer, James Jenne, a motion by Councilman Linn, a second by Councilman Dodd, all voting "aye", closed the public hearing. City Manager Paul West reported to the Council that the Administration has started a study on the traffic situation in the McLaughlin School area and will bring to the City Council recommendations from the City Admin- istration at a later date. AGENDA NO. 7. PUBLIC HEARING: TO CONSIDER WHETHER THE ZONING SHOULD BE CHANGED FROM PD-12 AND PD-13 (MF-2) TO PLANNED DEVELOPMENT ZONING DISTRICT WITH USES ALLOWED AS SHOWN ON APPROVED SITE PLAN FOR OA KBROOK-ON-BROOK- HAVEN. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: The Planning and Zoning Co.mmissiDn has not held a public hearing to consider the zoning change. The Commission failed to obtain a quorum of members for their April 12, 1976 meeting and therefore, the public hearing was not conducted, A new public hearing for the Planning and Zoning Commission will be scheduled and advertised for May 24, 1976. Hemisphere Companies, the developers of Oakbrook sub- mitted a letter on April 7, 1976 requesting a 60 to 90 day extension of the public hearing. The Oakbrook-on-Brookhaven Homeowners Association submitted a letter on April 10, 1976 requesting the Planning and Zoning Commission to accept the developers alternate site plan or continue the public hearing to allow an alternate plan to be completed. The Adminis- tration recommends the public hearing before the City Council be set for June 7, 1976 following the Planning and Zoning Commission's hearing on May 24, 1976. After some consideration, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", cancelled the continuation of the public hearing and set the date of June 7, 1976 as the new public hearing date to consider amending the zoning on the Oakbrook-on-Brookhaven development, AGENDA ITEM NO. 8. -CONSIDER ADOPTING A NEW ORDINANCE RE- GULATING TELEPHONE RATES IN FARMERS BRANCH. Mr. Ray Horak, local manager of Southwestern Bell Telephone Company, presented a proposal for charging for directory assistance. He explained the reason for the proposal as: to put the burden of the cost of providing directory assistance on the customers who use it; and, to reduce the expense of handling accelerating usage of directory assistance. Mr. Horak explained that the Dallas City Council adopted an ordinance granting the charge for the directory assistance, known as 411, He requested the Farmers Branch City Council to adopt a similar ordinance. Vol, 25, Page 74. The proposed ordinance provides charges for directory assistance service; monthly credit to business and residential customers; new listing availability; and, exemptions from directory assistance charges. There was discussion between the Council members and Mr. Horak concerning the request for the directory assistance proposal. After more discussion, Councilman Linn made a motion to adopt the following captioned ordinance No. 1101: AN ORDINANCE REGULATING AND PRESCRIBING THE RATES TO BE CHARGED WITHIN THE CITY OF FARMERS BRANCH FOR TELEPHONE DIRECTORY ASSISTANCE SERVICE EFFECTIVE MAY 1„ 1976; REQUIRING THE FILING OF A TARIFF CONSISTENT HEREWITH; PROVIDING THE ACCEPTANCE BY THE TELEPHONE COMPANY; AND PROVIDING AN EFFECTIVE DATE. Councilman Binford seconded the motion. The motion carried 3 to 1 with Councilmen Linn, Binford and Johnson voting "aye", and Councilman Dodd voting "nay". Councilman Quevreaux disqualified himself from voting on this issue because of being employed with the tax division of the South- western Bell Telephone Company. AGENDA ITEM NO. 9. -PUBLIC HEARING: CONSIDER IMPROVEMENTS TO MIDWAY ROAD IN AN ASSESSMENT PROGRAM. Mayor Grimmer opened the public hearing to consider improvements to a portion of Midway Road in an assessment program. Mayor Grimmer swore in the appraiser and the city official that will testify in this hearing. Mr. Roy Patton of the City Engineering Division described the nature, limits, and cost of the improvements of this project. Mr. Charles Marr testified as being a qualified land value appraiser in Dallas County and the City of Farmers Branch. Mr. Marr testified that he had investigated and studied the tracts in question and in his opinion the property on each of these lots and tracts will be enhanced and benefited by the amount of the assessment which is in accordance with Section 23-4 of the Code of Ordinances of the City of Farmers Branch. Mr. Marr testified that it was his opinion that the present assessment plan will equalize and balance the benefits of the improvements and burdens of the assessment among all property owners. Mayor Grimmer opened the hearing to the general public. The following spoke: Mr. Herbert Bonney, representing property owner Mr. Francis Winn, opposed the assessment placed on a small piece of property at the creek and north of the bridge on Midway. Mr. Bonney spoke in concern of future construction on Midway north of the bridge to Spring Valley Road, which Mr. Winn owns a large undeveloped tract of land along Midway Road to Vol. 25, Page 75. Spring Valley Road on the southeast side of Midway. Mr. Francis Winn opposed the assessment placed on his property of 18 feet which is located at the bridge and is in the flood plain. The Council discussed with Mr. Winn the possibility of Mr. Winn dedicating this small triangle shaped tract at the creek to the city for greenbelt area. After more discussion, a motion by Councilman Binford, a second by Councilman Dodd, closed the public hearing. The motion carried 4 to 1. Councilman Linn abstained from voting because of possible conflict of interest on the Mobil Tract which he is employed by Mobil Oil Corporation. AGENDA ITEM NO. 10. -CONSIDER ORDINANCE NO. 1100 LEVYING ASSESSMENTS FOR PART OF COST OF IMPROVEMENTS ON MIDWAY ROAD. Councilman Dodd made a motion and Councilman Quevreaux seconded, to adopt the following captioned Ordinance No. 1100: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, LEVYING ASSESSMENTS AGAINST VARIOUS PERSONS AND THEIR REAL PROPERTY FOR THE PAYMENT OF A PART OF THE COST OF CONSTRUCTION FOR THE PAVING AND IMPROVE- MENTS OF PORTIONS OF MIDWAY ROAD AND ALPHA ROAD; PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND PAYABLE, THE RATE OF INTEREST, AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND MAKING SAID CHARGE A PERSONAL LIABILITY OF THE PROPERTY OWNERS OWNING PROPERTY ABUTTING ON SAID STREETS; AND PROVIDING FOR THE COLLECTION THEREOF; AND DECLARING AN EMERGENCY. The motion carried 4 to 1. Councilman Linn abstained from voting because of possible conflict of interest on the Mobil Tract which he is employed by Mobil Oil Corporation. City Manager Paul West will investigate the possibility of acquiring the small tract from Mr. Winn for greenbelt area. AGENDA ITEM NO. 11. -CONSIDER REQUEST FOR DISCUSSION OF THE CITY SIGN ORDINANCES. REQUESTED BY MR. JERRY KRAUSE, 3729 CLUBWAY DRIVE. Mr. Jerry Krause, 3729 Clubway Drive, stated that he is personally trying to sell his home and when he placed "Open" directional signs up on his property and that of his neighbors, he was told that he had to remove them because they were in violation of the city sign ordinances. He stated that the City Sign Ordinance is discriminative and deprives him of his constitutional rights, and requests the City Sign Ordinance be changed. He stated that the City Sign Ordinance allows Real Estate companies to do things that it will not allow priviate citizens to do. Vol. 25, Page 76. He stated that he would like to be able to advertise the sale of his home by the placement of "open" signs in his yard and in the yards of his neigh- bors upon their consent. After some discussion, a motion by Councilman Linn, a second by Council- man Dodd, all voting "aye", instructed the City Manager to conduct a study of the sign ordinance in the nature of Mr. Krause's request and come back to the City Council with a recommendation at the next meeting. AGENDA ITEM NO. 12. -CONSIDER APPOINTING VOTING REPRESENTA- TIVE ON THE GENERAL ASSEMBLY OF THE NORTH TEXAS COUNCIL OF GOVERNMENTS. A motion by Councilman Linn, a second by Councilman Binford, all voting "aye", elected Mayor Grimmer to serve as the voting representative for the City of Farmers Branch on the General Assembly of the North Texas Council of Governments. MAYOR GRIMMER ANNOUNCED THAT-THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS THE COUNCIL WILL RECONVENE FOR ITEMS IN THE EXECU- TIVE SESSION. THE MEETING WILL RECONVENE 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 items as Discuss Land Acquisitions may be discussed in closed session. AGENDA ITEM NO. 13. - EXECUTIVE SESSION. Discuss Land Acquisition Acquiring rights-of-way for the Rossford Road Projects were discussed. THE MEETING WAS RECONVENED INTO GENERAL SESSION. After some consideration, a motion by Councilman Dodd, a second by Councilman Linn, all voting "aye", authorized the City Manager to trade city land in exchange for right-of-way land from E. D. Herold on Rossford Street. AGENDA ITEM NO. 14. -ADJOURNMENT. Upon a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", adjourned the City Council meeting of April 19, 1976 at 9:59 p, m. . May r Geo e Grimmer Z Cd , a' _7~~5 ( C. ecretary J. W. Wade Vol. 25, Page 77.