1976-05-03 CC MinutesCITY OF FARMERS BRANCH
CITY COUNCIL
MINUTES OF A REGULAR MEETING
May 3, 1976
The following members of the City Council were present:
Mayor George G. Grimmer
Mayor Pro Tem Bill Binford
Councilmen: John Dodd
Fred Johnson
Ken Quevreaux
The following member of the City Council was absent:
Councilman W. R. Linn
Councilman Linn's absence was recognized as an excused absence by
the Council. He was out of the city.
The following members of the City Administration were present:
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 May 3, 1976 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 - April 19, 1976 Meetin
After some consideration, a motion by Councilman Binford, a second by
Councilman Quevreaux, all voting "aye", approved the minutes of the City
Council meeting of April 19, 1976 with the following correction made on
page 73, under Item No. 5 - Elect Mayor Pro-Tem, let the minutes show
that Councilman Binford abstained in the voting of this item. Councilman
Quevreaux pointed out to the press that he disqualified himself from voting
on Item No. 8 involving the consideration of increasing the telephone rates.
AGENDA ITEM NO. 3. -PRESENTATION OF SERVICE AWARD
Mayor Grimmer presented a five year service award to Glenn Moore of
the Staff Services Department and a fifteen year service award to Frank
Riley of the Sanitation Department for their employment with the city.
Vol. 25, Page 78.
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Mayor Pro Tem Binford presented a plaque which he received at an appre-
ciation dinner given by the Farmers Branch Church of Christ on Sunday,
May 2, 1976, to Mayor Grimmer. Mayor Pro Tem Binford received this
plaque in the absence of Mayor Grimmer. The plaque was inscribed with
the following: The Farmers Branch Church of Christ Honors The Farmers
Branch City Council and City Administration With An Appreciation Dinner,
May 2, 1976.
The Council expressed appreciation to the Farmers Branch Church of Christ
for this occasion.
AGENDA ITEM NO. 4. -PUBLIC HEARING: TO CONSIDER REQUEST FOR
SPECIFIC USE PERMIT FOR A PRIVATE CLUB TO BE LOCATED AT
13612 MIDWAY ROAD. REQUEST BY JOSEPH PARRY.
Mayor Grimmer opened the public hearing to consider the request of
Joseph Parry for a Specific Use Permit for the operation of a private
club at 13612 Midway Road.
Mr. Joseph Parry presented a request to operate a private club to be
located in the northwest corner on the ground floor of the 6-story building
of the Dallas Petroleum Center. Mr. Parry stated his family has been
in the restaurant business serving drinks (alcholic beverages) for a long
time. He is a businessman in Farmers Branch, a Kaiser Aluminum
Distributorship on Gamma Road. Operations of the club and restaurant
will be geared to the businessmen of this area. The main business of
the club will be restaurant; however, the sale of liquor is needed for
economic reasons. Luncheon meals will start at $1. 75 and there will
be no games, pool tables, etc. The size of the club will be 2, 500 sq.
ft, and will seat 91 persons. There will be a piano bar in the restaurant.
The restaurant will be a full service restaurant. The club will be operated
Monday through Friday until 12:00 midnight and on Saturday until 6:00 p.m. .
The club will be closed on Sunday. Mr. Parry stated that there is a need
for a quality businessmen's luncheon club in this area and requested the
permit approval.
Mr. Horace Ainsworth, owner of the property in question, gave a brief
history of the development of his office complex. Mr. Ainsworth stated
that his complex was a quality office building complex and was concerned
about restaurant facilities. The proposed restaurant-club would be
similar to that of the Lancer's Club and the Chaparral Club in downtown
Dallas. Mr. Ainsworth stated the operation would be an asset to the Office
Park. Mr. Ainsworth stated that a letter was written to the city agreeing
to perpetuate the same type use, the full service restaurant-club, should
the Parry's club fail.
Mayor Grimmer asked if there was anyone else to speak in favor of the
request. The following spoke:
Vol. 25, Page 79.
Clint Allen, a lessee in the Dallas Petroleum Center, spoke in favor
of the request saying the facilities as requested would be an asset to
this industrial area.
Mayor Grimmer asked if there was any one present to speak in
opposition of the request. No one spoke.
A motion by Councilman Binford, a second by Councilman Quevreaux,
all voting "aye", closed the public hearing.
The Council discussed with Mr. Parry the following topics:
Mr. Parry's personal envolvement of the restaurant-club business,
The food menu which is to be of salad type items,
The projection of 50% of the net income being from the sale of
alcoholic beverages,
Requirements for bylaws of the club,
Annual income estimate of $250, 000. 00,
Mrs. Joseph Parry, brother and sister-in-law are to operate the
club,
Operation of facilities after 5:00 p.m. would be club facilities mostly,
The fact that if the club was not approved, Mr. Parry would not put
in the restaurant,
Anticipated membership to the club to be 500,
Charge for membership to be $5. 00,
Bar area to seat only 13.
After the discussions, Councilman Binford made a motion to deny the
request for a Specific Use Permit for a private club in a light industrial
zone located at 13612 Midway Road. Councilman Johnson seconded the
motion. The motion carried 3 to 1 with Councilmen Binford, Johnson
and Dodd voting "aye", and Councilman Quevreaux voting "nay".
AGENDA ITEM NO. 5. - CONSIDER DEVELOPER'S CONTRACT
BETWEEN BROOKHAVEN ESTATES #3 AND THE CITY, AND THE
ACCEPTANCE OF THE HOLD HARMLESS AGREEMENT.
City Manager Paul West explained that the contract for consideration
with Brookhaven Estates #3 and the City provides for the installation of
the required public improvements within Brookhaven Estates #3. This
land is not platted at this time. The property will be platted and public
improvements installed according to the provisions of this contract, prior
to the issuance of building permits.
After some discussion, a motion by Councilman Quevreaux, a second by
Councilman Dodd, all voting "aye", authorized the City Manager to sign
a Developer's Contract between Brookhaven Estates #3 and the City of
Farmers Branch, and accepted the hold harmless agreement.
Vol. 25, Page 80.
AGENDA ITEM NO. 6. - CONSIDER FINAL PLAT APPROVAL FOR
BROOKHAVEN ESTATES NO. 3. PROPERTY LOCATED ON THE
NORTH SIDE OF BROOKHAVEN CLUB DRIVE AT BRAEMAR.
Mayor Grimmer gave the following information from a memo to the
City Council from the City Administration: Brookhaven Development Inc.
is requesting final plat approval of a 29 lot subdivision located on the
north side of Brookhaven Club Drive at Braemar Drive. The subdivision
contains 13.153 acres of land and is in an R-2 Zoning District. The
plat was approved by the Planning and Zoning Commission on April 26,
1976.
Developer Jim Ifawn-was present in behalf of the request.
After some consideration, Councilman Binford made a motion to approve
the final plat of Brookhaven Estates No. 3, as requested by Brookhaven
Development Inc. and as recommended by the Planning and Zoning
Commission. Councilman Johnson seconded the motion. The motion
carried 3 to 1 with Councilmen Binford, Johnson and Quevreaux voting
"aye", and with Councilman Dodd voting "nay".
AGENDA ITEM NO. 7. -CONSIDER DEVELOPER'S CONTRACT BETWEEN
COLONIAL SAVINGS AND LOAN AND THE CITY, AND THE ACCEPTANCE
OF THE HOLD HARMLESS AGREEMENT.
City Manager Paul West explained that the contract for consideration with
Colonial Savings and Loan and the City provides for the installation of
the required public improvements for the Colonial Savings and Loan.
This land is not platted at this time. The property will be platted and the
public improvements installed according to the provisions of the contract,
before issuance of building permits.
After some consideration, a motion by Councilman Dodd, a second by
Councilman Quevreaux, all voting "aye", authorized the City Manager to
sign a Developer's Contract between Colonial ,Savitigs and Loan and the
City of Farmers Branch, and accepted the hold harmless agreement.
AGENDA ITEM NO. 8. -CONSIDER. FINAL PLAT APPROVAL FOR
COLONIAL SAVINGS AND LOAN FOR THE PROPERTY LOCATED AT
13305 JOSEY LANE.
Mayor Grimmer gave the following information from a memo to the City
Council from the City Administration: Colonial Savings and Loan is requesting
final plat approval for a 1. 043 acre tract on Josey Lane. The tract lies
directly north of the McDonald's Restaurant, and is in an Office (O) Zoning
District. The Planning and Zoning Commission approved the final plat on
April 26, 1976.
Mr. Wayne Lassiter , Senior Vice President of Colonial Savings and Loan
was present in behalf of the request.
After some consideration, a motion by Councilman Quevreaux, a second
by Councilman Dodd, all voting "aye", approved the final plat of Colonial
Savings and Loan for property located at 13305 Josey Lane, as recommended
by the Planning and Zoning Commission.
Vol. 25, Page 81.
AGENDA ITEM NO. 9. - CONSIDER REPLAT APPROVAL OF LOTS
42 AND 43 OF THE WOODED CREEK ADDITION. REQUESTED BY
STILES DEVELOPMENT COMPANY.
Mayor Grimmer gave the following information from a memo to the
City Council from the City Administration: The owner of Lot 42 of the
Wooded Creek Estates Addition would like to put a swimming pool on
the property. Due to utility and flood plain easements, there is not
room at the rear of the property for a swimming pool. The current
owner of Lot 43 is replatting the two lots. The lot line between the
two lots is being adjusted to add more area to Lot 42, to allow a
swimming pool to be placed in the side yard of Lot 42. Mr. Jeriry
Stiles, owner of Lot 43, has submitted a letter stating that after adjust-
ment of the lot lines, Lot 43 can still be developed conforming to the
deed restrictions placed on the property and to the Zoning Ordinance
requirements of the City of Farmers Branch. The Planning and
Zoning Commission approved the plat on April 26, 1976.
Mr. John Boehm, owner of Lot 42, was present in behalf of the request.
After some discussion, a motion by Councilman Dodd, a second by
Councilman Binford, all voting "aye", approved the replat of Lots 42 and
43 of Wooded Creek Estates Addition as requested and recommended by
the Planning and Zoning Commission.
AGENDA ITEM NO. 10. - CONSIDER REQUEST FOR CIVIC AND PHIL-
ANTHROPIC USE OF GUSSIE FIELD WATERWORTH PARK AND SOUTH-
EAST CORNER OF THE FIELD PROPERTY. REQUESTED BY THE
FARMERS BRANCH BICENTENNIAL COMMISSION FESTIVAL COMMITTEE.
Mayor Grimmer gave the following information from a memo to the City
Council from the City Administration: The Farmers Branch Bicentennial
Commission Festival Committee is requesting permission to use Gussie
Field Waterworth Park and the southeast corner of the Field Property
starting July 2, 1976 and ending July 3, 1976. Several temporary concession
stands will be placed on Gussie Field Park for use by other civic groups.
The committee will also have street dancing both days and a stage for
contests. The Festival Committee is requesting permission to use the
southeast corner of the Field Property for a horse show.
Mrs. Diane Royer, Chairman of the Bicentennial Commission Festival
Committee, was present and told of plans for the celebration on July 2, 3
and 4th.
After some consideration, a motion by Councilman Quevreaux, a second
by Councilman Dodd, all voting "aye", adopted Resolution No. 76-009
that authorized the Farmers Branch Bicentennial Commission Festival
Committee the use of Gussie Field Waterworth Park and the Southeast
corner of the Field Property for activities on July 2nd and 3rd, 1976.
Vol. 25, Page 82.
Mrs. Royer explained further in detail the plans for the 4th of July
activities, the need for participation from all citizens, the lack of funds
for fireworks, and requested the waiver of permit fees for various
requirements.
AGENDA ITEM NO. 11. -PUBLIC HEARING: TO CONSIDER IMPROVE-
MENTS TO ROSSFORD STREET AND A PORTION OF JOSEY LANE IN AN
ASSESSMENT PROGRAM.
Mayor Grimmer opened the public hearing to consider improvements to a
portion of Josey Lane and on Rossford Street.
Mayor Grimmer swore in everyone that was going to testify on this matter.
Mr. Roy Patton, Assistant City Manager 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 assess-
ment among all property owners.
Mayor Grimmer opened the hearing to the general public. The following
spoke concerning the Rossford Street improvements:
1. Mr. Charles Martin, owner of Farmers Branch Lumber and
a piece of property north of the Southwestern Bell Telephone Company's
property, stated that he opposed the amount of $6, 688. 51 being assessed
to him. He stated that he faced Denton Drive and not Rossford which was
paved in the first place. He stated he thought the assessment was too
high and was unfair.
2. Mr. Fred Marsh, Jr. , owner of 13215 Rossford, stated that
his business was on Denton Drive and Valley View Lane and the improve-
ments to Rossford did not help his property. He thought the assessment
was too high and unfair. He complained of having trouble getting his
trash picked up.
3. Mr. Fred Marsh, Sr. , stated that he had owned his business
on the corner of Valley View and Denton Drive for a long time and
requested that he be informed by letter as to where the property is located
that he is being assessed.
Vol. 25, Page 83.
4. Mr. Les Kammerer, owner of property on the southeast corner
of Rossford Street and Valley View Lane, stated that he believes the assess-
ment is unfair and gave amounts charged for assessments in area cities.
Mr. Kammerer stated that the area in question is in need of help and stated
the need for a curb.
5. Mr. W. H. Miller, owner of Tract 65-B of Abstract No. 733,
asked how was the assessed amount arrived. He stated that he had not
seen or been given the details on what is being assessed in dollars and
cents on his property. He stated all he had was a lump sum total.
He stated he believed the assessment is unfair and the property owners
has bee.n treated unjustly in this project.
6. Mr. John Oechsner, Jr., owner of Block 9 of Odgens Addition,
stated he opposed the cost of the assessment per linear foot for the project.
He gave comparison tax valuation with that of the property in question to
that of other areas of the city. Mr. Oechsner stated that he thinks the
assessment is unfair and requested the Council to consider assessing
the property owners only 1/3 of the cost of paving.
7. Mr. Wayne Clayco.mb, representing the Baptist Foundation
owner of Tracts 89. and 90 of Abstract 733, stated problems that have
come up in the construction of the street. He stated that the Council
should consider waiving the requirement for a sidewalk in this area
south of Carrick. He stated that there is no need for the sidewalk.
8. Mr. Troy Fields, owner of Lot 8, Block 3 of Odgens Addition,
opposed the assessment placed on his property. He stated that water
still stands in the street.
9. Mr. Bill Marco.m, 12235 Brisbane and owner of Lot 16 and 16-A
Block 7 of Odgens Addition, stated he opposed the assessment because he
does not feel it has increased or enhanced the value of his property. He
stated that he cannot see the need for the street and questions why the
property owners have to pay for the entire improvements.
10. Mr. H. B. Melton, owner of Tract 91 of Abstract No. 733,
opposed the amount of the assessment placed on his property.
11. Mr. Carl Montgomery, owner of Lot 12, Block 5 of Odgens
Addition, stated that he would like to see this area in question the center
of Farmers Branch but the city has allowed a tin building to be constructed
across from his property. He opposed the amount of assessment placed
on his property. He told of the problems he has had with the city in ob-
taining ° right-of way for the street. He stated that a dumpster has not
been able to get down Carrick to pick up trash for a .month.
Vol. 25, Page 84.
12. Mr. Alvin Thomas, owner of Lot 14 of Block 5 of Odgens
Addition, opposed the amount of the assessment on his property.
He stated that he is only a builder and the taxes are running higher each
,year. He asked why was it necessary to detour to get on Denton Drive
at the south end. He opposed the construction of the sidewalk that is
proposed. He requested that each piece of property be considered
separately especially where the sidewalk is proposed. He asked
what was the interest rate in paying for the assessment.
There was more discussion concerning that the property owners were
not informed as to what the property owners were being assessed .
There being no one else wishing to speak, a motion by Councilman Dodd,
a second by Councilman Quevreaux, all voting "aye" closed the public.
hearing.
After recognizing that the Josey Lane project was not discussed at this
time, a motion by Councilrwn Dodd, a second by Councilman Quevreaux,
all voting "aye", reopened the public hearing to discuss the property
involved in the Josey Lane assessment program.
Mayor Grimmer asked if there was anyone present to speak on the Josey
Lane improvements. The following spoke:
1. Mr. Jim Gistler with Henry S. Miller Company, questioned
if there was any one else besides the Henry S. Miller Company assessed
for improvements on Josey Lane. Mayor Grimmer stated that they were
the only commercial property involved.
With no further comments, a motion by Councilman Dodd, a second by
Councilman Quevreaux, all voting "aye", closed the public hearing.
AGENDA ITEM NO. 12. - CONSIDER ORDINANCE NO. 1104 LEVYING
ASSESSMENTS ON JOSEY LANE AND ROSSFORD STREET.
There was more discussion of the property owners not being informed
as to what exact improvements they were being assessed on Rossford Street.
After some discussion of postponing the action on the assessment ordinance,
a motion by Councilman Dodd, a second by Councilman Binford, tabled the
action on Ordinance No. 1104 levying assessments on Josey Lane and Ross-
ford Street until the next Council meeting of May 17, 1976. The motion carried 2 to-1,
with Councilmen Dodd and Binford voting "aye", and' Councilman Johnson voting "nay:
Councilman Quevreaux disqualified himself from voting because the South-
western Bell Telephone Company has property involved in the assessment
and Councilman Quevreaux is employed with Southwestern Bell Telephone
Company.
Vol 25, Page 85.
AGENDA ITEM NO. 13. -CONSIDER ORDINANCE NO. 1097 ANNEXA-
TION OF INTERSECTION AT FYKE ROAD AND WEBB CHAPEL ROAD
AND DISANNEXATION OF THE INTERSECTION AT JOSEY LANE AND
FYKE ROAD.
Mayor Grimmer gave the following information from a memo to the City
Council from the City Administration: Fyke Road is the common boundary
dividing Farmers Branch and Carrollton, and is used extensively by
citizens of both cities. Traffic is very heavy at its intersection with
both Josey Lane and Webb Chapel Road, particularly during the peak
hours of school traffic. There are schools that serve the common school
district at both intersections. Subject to an analysis by the traffic,
department, it has been determined that traffic signals are, indeed,
justified. In order for us to legally install and maintain these signals,
the entire intersection must be within our jurisdiction. The same is
true of Carrollton, Therefore, it is necessary for each city to disannex
a portion of its own territory and annex a portion of the other city.
After a brief discussion, a motion by Councilman Binford, a second by
Councilman Dodd, all voting "aye", adopted the following captioned
ordinance No. 1097:
AN ORDINANCE OF THE CITY OF FARMERS BRANCH ANNEXING
ALL OF THE INTERSECTION OF FYKE ROAD AND WEBB CHAPEL,
MORE ACCURATELY DESCRIBED BELOW, TO THE CITY OF
FARMERS BRANCH, DALLAS COUNTY, TEXAS, AND EXTENDING
THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID
HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS;
AND DISANNEXING ALL OF THE INTERSECTION OF JOSEY LANE
AND FYKE ROAD, MORE ACCURATELY DESCRIBED BELOW, SO
THAT SAME MAY BE ANNEXED BY THE CITY OF CARROLLTON;
PROVIDING THAT THE CITY OF FARMERS BRANCH RELINQUISHES
ANY AND ALL EXTRATERRITORIAL JURISDICTION IT MAY HAVE
IN AND TO SAID TRACT OF LAND MORE ACCURATELY DESCRIBED
BELOW; GRANTING TO ALL THE INHABITANTS AND OWNERS OF
SAID PROPERTY MORE ACCURATELY DESCRIBED BELOW, TO
BE ANNEXED BY THE CITY OF FARMERS BRANCH, TEXAS, ALL
THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS, AND
BINDING ALL INHABITANTS BY ALL THE ACTS, ORDINANCES
AND REGULATIONS OF THE CITY OF FARMERS BRANCH, TEXAS;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE
EFFECTIVE DATE OF SAID ORDINANCE AND DECLARING AN
EMERGENCY.
AGENDA ITEM NO. 14. -CONSIDER ORDINANCE NO. 1103-FIRE-RESCUE
(AMBULANCE) AGREEMENT WITH DALLAS COUNTY.
Mayor Grimmer gave the following information from a memo to the City
Council from the City Administration: The proposed ordinance executes
a one-,year contract with Dallas County for answering ambulance calls in
the County area adjoining the city limits on the west side of the river. This
is the same type contract we presently have relative to answering fire calls
in the same area.
Vol. 25, Page 86.
After some consideration, a motion by Councilman Dodd, a second by
Councilman Quevreaux, all voting "aye", adopted Ordinance No. 1103
which executes a contract with Dallas County for answering ambulance
calls in the County area adjoining the Farmers Branch city limits on
the west side of the river.
AGENDA ITEM NO. 15. - CONSIDER ORDINANCE NO. 1105 AMENDMENT
TO THE SIGN ORDINANCE.
Mayor Grimmer gave the following information from a memo to the City
Council from the City Administration: Ordinance No. 1105 amends the
Code of Ordinances to allow temporary real estate "open" signs to be
erected in the street right-of-ways of the city under the following
conditions:
1. Signs erected only on Saturday and Sunday and one other
day of the week, the day to be specified by the Building
Official.
2. Real Estate Companies or Homeowners may erect the signs.
3. Signs cannot exceed 3 square feet in area.
4. Signs must be of a metallic material.
5. Signs must be erected so as not to create a hazard to
pedestrians or vehicle traffic.
6. Only the word "open", the name of the real estate company
or homeowner and a directional arrow may appeal on the
sign.
The change allows both homeowners and real estate companies the same
privilege.
After some discussion, a motion by Councilman Dodd, a second by Council-
man Quevreaux, all voting "aye", adopted the following captioned Ordinance
No. 1105:
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING THE CODE OF ORDINANCES OF THE CITY OF
FARMERS BRANCH, TEXAS, BY AMENDING ARTICLE 3,
SIGNS, BY AMENDING SECTION 3-38, PARAGRAPH 10,
TEMPORARY REAL ESTATE OPEN SIGNS AND ARTICLE 3,
SIGNS, SECTION 3-36, DEFINITIONS; PROVIDING A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED
($200. 00) DOLLARS FOR EACH OFFENSE; REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH; AND DECLARING
AN EMERGENCY.
Mr. Jerry Krause, 3729 Clubway, stated that he would like to be able
to place more than three signs at various locations to advertise his home
for sale.
AGENDA ITEM NO. 16. -DISCUSS PROPOSED REGULATIONS OF TEXAS
UTILITIES COMMISSION.
City Manger Paul West gave the following information: The Texas Public
Vol. 25, Page 87.
Utilities Commission has proposed rules for the administration of the
Texas Public Utility Regulatory Act of 1975. These rules are not con-
sistent with the expressed intent of the Legislature at the time the Act
was passed. The reporting and record systems required by the rules
will result in a substantial expense to the city with no compensating
benefit in the form of lower utility rates to consumers. The rules are
further complicated by the fact that the regulations pertaining to municipal
utility operations are combined with those pertaining to privately owned
utilities to the extent that it is extremely difficult to determine what is
being regulated. A resolution is being presented for consideration which
expresses a recomnrrendation concerning the form of the rules for muni-
cipally owned utility systems. This resolution also contains a recommend-
ation that the city audit be the official financial report filed by the city.
A second resolution is being presented for consideration which presents
a recommended policy for adoption by the City Council. This resolution
requests that the Legislature amend the Act so that the wording leaves it
plainly clear that municipal utilities are exempt from the provisions of
the A ct.
After some discussion, a motion by Councilman Binford, a second by
Councilman Johnson, all voting "aye", adopted Resolution No. 76-010
which states the position of the City Council that separate rules be
promulgated for municipally-owned utilities and publicly-owned utilities,
and that the annual audit of the city shall serve as the only reporting
requirement for .municipally-owned utilities under said separate rules.
A motion by Councilman Johnson, a second by Councilman Quevreaux,
all voting "aye", adopted Resolution No. 76-011 which requests that the
Texas Public Utility Regulatory Act of 1975 be amended, at the first
opportunity, so as to exclude municipally-owned utilities from the
requirements of said Act, and, further amend said Act to provide that
funds paid by the public utilities to defray regulatory costs shall be paid
to the municipality, rather than the Commission, if such municipality
chooses to exercise original jurisdiction over the regulation of public
utility rates.
AGENDA ITEM NO. 17. -CONSIDER RESOLUTION REQUESTING THE
UNITED STATES POSTAL SERVICE TO PERMIT THE USE OF RESIDENTIAL
MAIL BOXES BY THE CITY.
Mayor Grimmer gave the following information from a memo to the City
Council from the City Administration: In order for the City to use residential
mail boxes for purposes of communication, it will be necessary for certain
laws and postal regulations be amended. Resolution No. 76-003 informs
the United States Congress of the desire of the City to use residential mail
boxes and requests the Federal Government to enact laws which will
accomplish this desire.
Vol. 25, Page 88.
After some consideration, a motion by Councilman Dodd, a second by
Councilman Quevreaux, all voting "aye", adopted Resolution No. 76-003
as discussed by Mayor Grimmer.
AGENDA ITEM NO. 18. -CONSIDER PETITIONING THE FARMERS
BRANCH -CARROLLTON FLOOD CONTROL DISTRICT TO ANNEX
ADDITIONAL LAND OWNED BY THE CITY OF FARMERS BRANCH
TO THE FLOOD CONTROL DISTRICT.
City Manager Paul West explained as follows: The original boundary lines of
the Farmers Branch-Carrollton Flood Control District were arbitrarily set
prior to completion of the Engineering study. After the study was finished,
the arbitrary boundary did not include all the levee and subsystem. Some
small areas of the land will be protected but not taxed unless the District
boundaries are adjusted to coincide with the Levee System. The City has
been asked by the District to request annexation of an additional 12. 9
acres in the landfill area that are outside the arbitrary boundary but
inside the proposed Levee System. There will be no cost or taxes to
this city for this transaction as we are exempt.
After some discussion, a motion by Councilman Binford, a second by
Councilman Dodd, all voting "aye", authorized the Mayor to sign the
request for annexation as discussed by the City Manager.
AGENDA ITEM NO. 19. -CONSIDER RECOMMENDATIONS FROM THE
PARKS AND RECREATION BOARD.
Mayor Grimmer gave the following information: The Parks and Recreation
Board held a contest to name three park areas. Their recommendations
are as follows:
Park A - Approximately two acres in size, between Brookhollow
,and Templeton Trails on Valley View.
"Mustang Trails Park" is the recommended name.
Park B - Approximately 24 acres in size bordered by Valley View
on the south, Tom Field on the east, and Dennis Lane on
the west.
"Langdon Park" is the recommended name.
Park C - Approximately four acres in size, bordered by Valley
View on the south, Dennis on the Last and Havenhurst
on the north.
"Pepper Park" is the recommended name.
There was discussion of naming Park B as the Orin Good Park because
of being from a distingushed and long time resident family who came to
Farmers Branch many years ago. Mr. Orin Good was one of the first
Alderman elected by the City and served as Mayor in 1948 to 1950.
Vol. 25, Page 89.
After more discussion, a motion by Councilman Dodd, a second by
Councilman Johnson, all voting "aye", adopted the name of Orin Good Park
for the designated Park B.
A motion by Councilman Johnson, a second by Councilman Quevreaux,
all voting "aye", adopted the name of "Mustang Trails Park" for the
designated Park A, and adopted the name of "Pepper Park" for the
designated Park C.
AGENDA ITEM NO. 20. -CONSIDER SETTING DATE FOR PUBLIC
HEARING ON EXPENDITURE OF REVENUE SHARING FUNDS.
A motion by Councilman Quevreaux, a second by Councilman Binford,
all voting "aye", set the date of June 7, 1976 as the public hearing date
to consider expenditures from Revenue Sharing Funds.
AGENDA ITEM NO. 21. - DISCUSS CITY COUNCIL MEETING OF
JULY 5, 1976.
The City offices will be closed July 5th in observance of July 4 which
falls on Sunday. July 5 is the first regular scheduled meeting date for
July.
After some consideration, a motion by Councilman Quevreaux, a second
by Councilman Dodd, all voting "aye", set only one meeting of the City
Council in July and that be the 3rd Monday in July.
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
EXECUTIVE 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 Personnel Matters and Land Acquisitions
may be discussed in closed session.
AGENDA ITEM NO. 22. - EXECUTIVE SESSION.
a. Discuss Personnel Matters
Appointments to the Library Board and to the Planning and Zoning Commission
were discussed.
An appointment for a Municipal Court Judge was discussed.
b. Discuss Land Acquisition
This item was not discussed at this time.
Vol. 25, Page 90.
THE MEETING WAS RECONVENED INTO GENERAL SESSION.
Appointments to the Library Board.
Nominations for Place 3 on the Library Board were: Charlotte Davis
and Dorothy Leckie
A motion by Councilman Quevreaux and a second by Councilman Binford,
appointed Dorothy Leckie to serve a two year term on the Library Board
as Place 3. The motion carried. Councilman Johnson abstained from
voting because of not personally knowing Mrs. Leckie.
A motion by Councilman Binford, a second by Councilman Quevreaux,
all voting "aye", appointed Ken Welch to serve as Place 1 on the Library
Board for a term of two ,years, and, reappointed Cynthia Stanaland
to serve as Place 7 on the Library Board for a term of two years.
A motion by Councilman Dodd, a seco4nd by Councilman Johnson, all voting
"aye", appointed Lollie Archer to serve a two year term on the Library
Board' as Place 4.
Appointments to the Planning and Zoning Commission:
Nominations for Place 3 on the Planning and Zoning Commission were:
J. C. Foster and Hollis Davis.
A motion by Councilman Binford, a second by Councilman Quevreaux, re-
appointed J. C. Foster to serve another three year term on the Planning
and Zoning Commission. The motion carried. Councilman Johnson
abstained from voting.
Nomination for Place 4 on the Planning and Zoning Commission were:
Joe Byrd, Hollis Davis, and Douglas Biley.
A motion by Councilman Johnson and a second by Councilman Quevreaux,
reappointed Joe Byrd to serve another three year term on the Planning
and Zoning Commission. The motion carried.
A motion by Councilman Dodd, a second by Councilman Johnson, all voting
"aye", reappointed Ray Thacker to serve another three year term on the
Planning and Zoning Commission as Place 5.
A motion by Councilman Binford, a second by Councilman Quevreaux,
all voting "aye", reappointed Carl Skibell to serve another year as
Municipal Court Judge.
AGENDA ITEM NO. 23. -ADJOURNMENT.
A motion by Councilman Quevreaux, a second by Councilman Binford,
all vot' g "aye", adj rned the City Council meeting of May 3, 1976 at 11:30 p. m. .
May r G or G. rifn-ii er City Secretary
Vol. 25, Page 91.