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1976-05-17 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING May 17, 1976 The following members of the City Council were present: Mayor George G. Grimmer Mayor Pro Tem Bill Binford Councilmen: John Dodd Fred Johnson W. R. Linn The following member of the City Council was absent: Councilman Ken Quevreaux Councilman Q.uevreaux's absence was recognized as an excused absence by the Council. He was out of the city on business. The following members of the City Administration were present: City Manager Paul M. West City Attorney Doug McCallon Director of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of May 17, 1976 to order at 7:30 p.m.. AGENDA ITEM NO. 1. - INVOCATION Councilman Linn gave the invocation. DECLARING AN EMERGENCY. After some consideration, a motion by Councilman Dodd, a second by Councilman Binford, all voting "aye", declared an emergency and placed the following on the Agenda as Item No. 11. a. - Consider Authorizing the Advertisement for Bids for the Construction of Bridges on Ford Road at Farmers Branch Creek. AGENDA ITEM NO. 2. - APPROVAL OF MINUTES - May 3, 1976 Meeting. After some consideration, a motion by Councilman Johnson, a second by Councilman Binford, all voting "aye", approved the minutes of the City Council meeting of May 3, 1976 after the following correction of the spelling of Oran Good on page 89 under Agenda Item No. 19, Vol, 25, Page 92. AGENDA ITEM NO. 3. -PRESENTATION OF CERTIFICATES OF APPRECIATION. ( Mayor Grimmer presented a certificate of appreciation to Joyce Springer and one for Montie Larkin for having served on the Library Advisory Board. AGENDA ITEM NO. 4. -PROCLAMATION PROCLAIMING MAY 24th AS NEV4WAN SMITH AND DALE :S. DAVIS DAY. A motion by Councilman Dodd, a second by Councilman Linn, all voting "aye proclaimed May 24th as Newman Smith and Dale B. Davis Day in recognition of serving several years with the Carrollton-Farmers Branch Independent School District from=which they are r.e,tiring. AGENDA ITEM NO. 5. - ORDINANCE NO. 1104 LEVYING ASSESSMENTS ON JOSEY LANE AND ROSSFORD STREET. Mayor Grimmer stated that the public hearing has been held for the Levying of assessments on the Rossford Street and Josey Lane improvements project and the Council desired certain additional information prior to the levying of these assessments on Rossford Street. Additonal information concerning the determination of the assessments has been sent to affected property owners. After some discussion, a motion by Councilman Dodd, a second by Council- man Binford, all voting "aye", removed the the construction of the sidewalk from the Rossford Road Project. This can be put in when the property is developed. After some consideration, a motion'~r Councilman Binford, a second by Councilman Johnson, assessed Mr. Charles Martin's property for 50% of the footage on Rossford Street because of the shape of his property that has been left since the right-of-way has been taken. The motion carried 3 to 1 with Councilmen Binford, Johnson and Dodd voting "aye", and Councilman Linn voting "nay". - After more consideration, a motion by Councilman Binford, a motion by Councilman Dodd, all voting "aye", adopted the following captioned Ordi- nance No. 1104: 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 JOSEY LANE AND ROSSFORD ROAD IN THE CITY OF FARMERS BRANCH, TEXAS; 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 LIA- BILITY OF TH E PROPERTY OWNERS OWNING PROPERTY ABUTTING ON SAID STREET: AND PROVIDING FOR THE COLLECTION THEREOF; AND DECLARING AN EMERGENCY. Vol. 25, Page 93. AGENDA ITEM NO. 6. DISCUSSION OF TRAFFIC ON CHELLEN DRIVE. Mayor Grimmer gave the following information given to the Council from a memo from the City Administration: A citizen's petition was presented to the Council on April 5, 1976, requesting that action be taken by the City to eliminate excessive speeding on Chellen Drive. This petition requested that the speed limit be reduced to 20 m, p, h.. Investigations by the City Administration have indicated that a reduction in the speed limit will not be affective in reducing the problem. The City Administration recommends that large centerline buttons be installed on the curve in Chellen Drive, on a trial basis. Councilman Dodd made a motion to accept the recommendation of the City Administration for the placement of traffic buttons along the centerline of the curve of Chellen Drive on a trial basis. Councilman Johnson seconded the motion. After some discussion of opening the discussion for participation from the audience, Councilman Johnson withdrew his second to the motion, and Councilman Dodd withdrew his motion. Mr. Gary,Johnson, 3553 Chellen, stated he lived close to Marsh Lane and the speeding was one of the problems but the most hazardous problem is the parking of cars on both sides of the street. Mr. Johnson suggested limiting the parking of cars to one side of the street. There was discussion that when the Midway Road bridges are completed and the road opened up for thru traffic, plus the installation of left turn signals at the intersection of Valley View Lane and Marsh Lane, this will hopefully eliminate some of the traffic off Marsh Lane and off Chellen Drive. After more discussion, Councilman Dodd made a motion to install traffic buttons along the centerline of the curve of Chellen Drive on a trial basis, awaiting the completion of the Midway Road Bridges and the installation of the left turn lights at Valley View and Marsh Lanes. Councilman Linn seconded the motion and all voted "aye". AGENDA ITEM NO. 7. -CONSIDER RESOLUTION TAKING POSITION ON ENVIRCNMENTAL PROTECTION AGENCY REQUIREMENT ON EFFLUENT STANDARDS. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: The Environmental Protection Agency is proposing to issue a wastewater discharge permit to the City of Mesquite which would require 5 part per million gallon BOD (oxygen demand) and 5 part per million gallon SS (suspended solids). The present permit issued to TRA is a 10 part per million gallon BOD and 10 part per million gallon SS. Should this permit be issued to the City of Mesquite, it would probably be only a matter of time until the EPA would propose to change the TRA permit. The added cost would far exceed the additional benefits. Wastewater Systems have continually improved Vol. 25, Page 94. in recent ,years from 30 and 40 parts per million gallon BOD and SS to the present 10 and 20 parts per million. With this continued improve- ment the Administration sees m reason for the very severe restrictions being pushed by the EPA. After some discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", adopted Resolution No. 76-012 opposing to the more restrictive requirements by EPA because it will add greatly to the cost of wastewater treatment and the end results are questionable. AGENDA ITEM NO. 8. -CONSIDER JOINING THE _ TEXAS UTILITY ADVISORY COUNCIL. Mayor Grimmer gave the following information from a memo to the Council from the City Administration: Lone Star Gas Company has requested a hearing before the Texas Railroad Commission for an increase in the Company's gate charges. The Texas Municipal League is requesting all affected cities to again join the Texas Utility Advisory Council. At the last hearing the Texas Utility Advisory Council recommended a gate rate of approximately 93 per mcf. Lone Star Gas requested a gate rate in excess of $1.20 per mcf. The Railroad Commission ordered a gate rate of $1. 0399 per mcf. This would indicate the Council had some effect on the Commission's decision. The cost to join the Council would be less than $240. 00. The more cities who join the less the cost would be for each city. After some discussion, a motion by Councilman Dodd, a second by Council- mand Binford, all voting "aye", joined the Texas Utility Advisory Council . AGENDA ITEM NO. 9. -CONSIDER RESOLUTION SUPPORTING ASSOCI- ATION OF NORTH TEXAS CITIES. Resolution No. 76-013 was presented to the City Council for consideration by the City Administration. The resolution resolves that the City Council endorses and supports the Association of North Texas Cities for the purpose of unifying such cities to communicate and exert influence for the common interest of these cities. The resolution authorizes the City Administration to actively participate in the support, formation and continuing operation of the Association of North Texas Cities. Mayor Grimmer reported that there has been one meeting of the North Texas cities and the association is initially to get the cooperation of area cities to join in on mutual interests. After some discussion, a motion by Councilman Linn-, a second by Council- man Dodd, all voting "aye", adopted Resolution No. 76-013. Vol. 25, Page 95. AGENDA ITEM NO. 10, -CONSIDER. ORDINANCE NO. 1102 AMENDMENT TC THE SIGN ORDINANCE REGULATIONS. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: The City of Farmers Branch Sign Ordinance prohibits all portable signs (signs not permanently attached to the ground or to a building or structure). Signs attached to motor vehicles are considered portable signs. State Law requires some service vehicles to have identification signs placed on them. Example: A plumber must identify his business with a sign on his truck. The following policy has been used in enforcing portable sign regulations: Signs permanently placed on motor vehicles used in businesses or services are not considered portable signs. Temporary signs placed on motor vehicles advertising products, services, or candidates running for office have been considered portable signs. Proposed Ordinance No, 1102 will allow temporary political signs to be placed on motor vehicles thirty days prior to and five days after an election. In many cases elections affect not only Farmers Branch but adjoining areas as well. Persons with political signs on their cars passing through Farmers Branch find themselves in violation of the sign ordinance in Farmers Branch, but not in violation outside of the City. Councilman Binford stated that he had reservations as to the ordinance not limiting the number of signs that may be placed on vehicles. After some discussion, Councilman Linn made a motion to adopt the following captioned Ordinance No. 1102: Councilman Dodd seconded the motion. The motion carried 3 to 1 with Councilmen Linn, Dodd and Sohnson voting "aye", and Councilman Binford voting "nay". AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, BY AMENDING ARTICLE III, SIGNS: AMENDING SECTION 3-38, EXCEPTIONS TO ARTICLE; EXEMPTING CERTAIN POLITICAL SIGNS AND BUMPER STICKERS FROM SAID ARTICLE; PROVIDING SAVINGS CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDR ED ($200. 00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 11, CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR FIRE FIGHTING BREATHING EQUIPMENT. Mayor Grimmer gave the following information from a memo to the Council from the City Administration: The proposed equipment is a new design of breathing equipment that became available on the market in April, 1976. The new system, 20 masks with air cylinders and an air compressor, would be complete with air purification system and provide the required high pressure to double the operating time of personnel in toxic atmosphere. Present operating time of 15 minutes would be extended to 30 minutes. The masks and air cylinders are much lighter; 21 pounds compared to 35 pounds, reducing personnel fatigue and stress. These features are critical in health and life safety of personnel and rescue operations. Vol, 25, Page 96. The previous mentioned equipment would replace present 6 to i7 year old equipment that does not provide an acceptable, safe quality of air for personnel or permit sufficient time in hazardous atmospheres. After some discussion, a motion by Councilman Dodd, a second by Councilman Linn, all voting "aye", authorized the advertisement for bids on 20 air masks with air cylinders and air compressor complete with purification system. AGENDA ITEM NO. 11, a. - CONSIDER AUTHORIZING THE ADVER- TISEMENT FOR BIDS FOR THE CONSTRUCTION OF BRIDGES ON FORD ROAD AT FARMERS BRANCH CREEK. Mayor Grimmer gave the following information from a memo to the Council from the City Administration; These bridges are a portion of the work which the developer, Baldwin-Harris Company, is doing on Ford Road. The developer's contract between the City and Baldwin-Harris provides that the City will construct the bridges across Farmers Branch Creek. The developer will soon be ready to proceed with the paving work and it will be advantageous if the bridge contract can be awarded at the same time. After some discussion, a motion by Councilman Linn, a second by Councilman Dodd, all voting "aye", authorized the advertisement for bids for the construction of bridges on Ford Road at Farmers Branch Creek. AGENDA ITEM NO. 12. -CONSIDER REQUEST FOR WAIVER OF PERMIT FEE REQUIREMENTS. REQUESTED BY DALLAS COUNTY COMMUNITY COLLEGE DISTRICT. Mayor Grimmer stated that by letter the Dallas County Community College District requests that the permit fees for the remaining construction work for Brookhaven Junior College be waived. - Mr. Deon Holt of the College District was present in behalf of the request. Mr. Holt reported that the District had not paid building permit fees in the other colleges constructed in Dallas County. Mr. Holt stated that their contract provided that the College District pay the fees if there were any to be paid. After question by Councilman Dodd as to the estimated cost of fees itive;lved, City Manager Paul West stated approximately $25, 000. Mr. Holt stated that there is a provision in the plumbing code of the city that exempts agencies such as the college from having to pay the permit fee. There was discussion of the Carrollton-Farmers Branch Independent School District being exempt from paying the building permit fees in Farmers Branch by an ordinance that was adopted. Vol. 25, Page 97. After some discussion, Councilman Dodd made a motion to approve. the request for waiving the building permit fees for the Dallas County Community College District, on the basis that this is an educational institution which is similar to that of the Carrollton-Farmers Branch educational system but fr higher education. Councilman Linn seconded the motion. City Manager Paul West requested that the Council recommend that the Administration amend the ordinances and bring them back to the next Council meeting, exempting the College District; rather than making exceptions to existing laws or ordinances . Councilman Linn withdrew his second to the motion. Councilman Dodd made a motbnthat the Administration prepare the ordinance, that would exempt the College District like tha' of the Carrollton-Farmers Branch Independ- ent School District,, or on the basis of whatever the City Attorney thinks best to accomplish this b do to comply with the ordinances. The motion died for the lack of a second. After some discussion of having a full Council present for the decision of this consideration, Councilman Dodd made a motion to table this item until a proposed ordinance can be brought before the full Council. Councilman Linn seconded the motion and all voted "aye". AGENDA ITEM NO, 13. -CONSIDER APPROVAL OF THE FARMERS BRANCH -CARROLLTON FLDOD CONTROL DISTRICT'S PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF FLOOD CONTROL FACILITIES IN CELL A. Mayor Grimmer gave the following information from a memo to the Council from the City Administration: Plans and specifications for construction of levees, ditches, outfall channels and appurtances in Cell A have been presented for the review and approval of the city. These plans have been reviewed by the Engineering Division and the general concept of this project is recommended for approval. There are some items on these plans that need to be corrected. It is believed that these corrections can be worked out between the City Staff and the Levee District. City Manager Paul West stated the Administration finds no difficulty in the overall design concept and the questionable areas concern the internal drainage system and the size of the culverts but no problem is anticipated in resolving these issues with the Levee District. There- fore the Administration recommends that the Council approve the Levee District plans. Councilman Linn made a motion that on the recommendation of the City Manager, the general concept of the plans be approved. Councilman Binford seconded the motion. Vol. 25, Page °`8. There was discussion of the general concept of the plans for Cell A being the location of the levees, the size of the levees, and the internal drainage systems. Mr. West stated that the only real question the city may have is the size of the culverts underneath the roads. There was discussion of the final plans being worked out between the City Staff and the Levee District. Councilman Binford withdrew his second to Councilman Linn's motion. Councilman Linn amended his motion that the general concept be approved with the final approval by the City Staff of the City of Farmers Branch. Councilman Dodd seconded the amended motion. All voted "aye". AGENDA ITEM NO. 14. -DISCUSS SCHOOL TRAFFIC AT FYKE AND WEBB CHAPEL ROADS. Mayor Grimmer gave the following information from a memo to the Council from the City Administration: The Administration has studied the plan submitted by the City of Carrollton for entrances and exits to McLaughlin Elementary School. The Administration believes some street traffic problems would result from that plan which would be beyond our juris- diction, but which would seriously affect Farmers Branch citizens. Alternative solutions to this problem have been studied. A plan by the Administration has been prepared which would eliminate some of the problems of the previously proposed plan. This plan has been discussed with the City of Carrollton and their Administration has stated that they have no objections to the city presenting this alternate to the Carrollton-Farmers Branch Independent School District for their consideration. This plan is to be presented to the School Administration on Monday, May 17th. Mayor Grimmer reported that the School District says that any solution that can be agreed upon by the two cities is agree- able ivith them. Mr. Wayne Cloud, president of the McLaughlin PTA, stated that they did not know what the plan is.-- Mr. Cloud gave a recap of the situation. Councilman Linn suggested that Mr. Cloud and his participants, along with a member of the City Administration which was Roy Patton of the Engineering Division, retire to a meeting room across the hall to review the recommeTded plan of the city. Mr. Cloud agreed. Councilman Linn made a motion that the Council go into Executive Session and let these parties review the plans and further the discussion after the Executive Session. Councilman Dodd seconded the motion. All voted "aye OTHER COMMENTS. Mr. Alvin Thomas commented on the Rossford Road assessments. The Council recognized the newly elected School Board member, Edith Romaine. Vol. 25, Page 99. 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 item as land acquisition may be discussed in closed session. AGENDA ITEM NO. 15, EXECUTIVE SESSION. Discuss Land Acquisition There was discussion of acquiring needed right-of-way on the R.ossford Road impro-v aments from Erma Langran. Mr. West reported that at a later date the Farmers Branch-Carrollton Flood Control District would submit a proposal to purchase portions of three tracts of city-owned land in connection with the levees an the Elm Fork and the levees on Cooks Creek. THE MEETING WAS RECONVENED INTO GENERAL SESSION. a. Discuss Land Acquisition A motion by Councilman Linn, a second by Councilman Binford, all voting "aye authorized the City Manager to trade city land in exchange for right-of-way land from Erma Langran AGENDA ITEM NO. 14. - FURTHER DISCUSSION ON THE TRAFFIC SITUATION AROUND McLAUGLIN SCHOOL. Mayor Grimmer asked for comment, agreements or recommendation on the plan recommended by the City Administration. Mr. Wayne Cloud stated that his parties have reviewed the proposal with Roy Patton and asked that Mr. Patton present some of their thoughts opposed to the recommended plan of Farmers Branch, Mayor Grimmer stated that it was the desire of the Council to resolve this problem as rapidly as possible so it can be resolved. _ before the opening of the next school session; and it was the desire of the Council that Farmers Branch and Carrollton can come to an agreement which will be suitable to the School District. Vol. 25, Page 100. Mr. Roy Patton explained the proposal of the City Administration. and displayed a map of the proposal. He discussed the on-campus traffic circulation plan. He discussed the problem of the previous recommendation of extending Southern Pines Drive across Webb Chapel to the school. The Farmers Branch proposal does not recommend that Southern Pines Drive be extended. The Farmers Branch plan does recommend the installation of approximately 1200' of sidewalk on the east side of Webb Chapel Road from Southern Pines to Pebble Beach Drives. This sidewalk is proposed to be constructed as close to the screening fence as possible. There is no plan for a barrier to be constructed along Webb Chapel between the curb and the sidewalk, Mr. Pattoa explained that there is a problem of the installation of a sidewalk of approximately 700' needed on the South side of Fyke Road from the point where the school crossing is now located to Webb Chapel Road, because this area is not in the city limits of Farmers Branch. This area is considered to be in the County. Mayor Grimmer stated that the City of Farmers could possibly install this sidewalk on Fyke Road by an agreement with the County. Mr. Patton explained that the proposal by the city eliminates the 20 MPH speed limit on Webb Chapel since the traffic signals are to be installed at Fyke and Webb Chapel Roads. He explained that the traffic signals would slow the traffic down and still keep the traffic moving in order to eliminate congestion at the intersection. Mr. Wayne Cloud requested that the City Administration meet with the principal at McLaughlin School during the day tomorrow and then meet tomorrow night with the PTA membership to present this proposal. Mr. Cloud requested the City Council to consider the following items: 1. Installation of the sidewalk down the east side of Webb Chapel with the installation of the child protection barrier next to the curb. 2. Signalization of the intersection 3. Installation of the sidewalk on the the south side of Fyke to Webb Chapel. 4, Provision of a school crossing guard 5. Maintain the 20 MPH speed limit on Webb Chapel Road. City Manager Paul West reported that it would be impossible for Mr. Patton to meet with them tomorrow because he will be in Austin on an important matter. x Vol. 25, Page 101. Councilman Dodd made a motion to accept the alternate plan prepared by the City of Farmers Branch in regards to the traffic plan around McLaughlin School; including the construction of the sidewalks and tabling the action on the flashing speed zone lights and crossing guard. Councilman Linn seconded the motion. All voted "aye". A motion by Councilman Johnson, a second by Councilman Linn and all voted "aye", authorized the City Administration to contact the county relative to the construction of an asphalt sidewalk on property not lying in the City of Farmers Branch along the south side of Fyke Road and enter into an agreement for the installation. Mr. Bob Patrick told of the need for the school crossing guard; and of the difficulty of getting someone to appear before the PTA explaining the proposed plan. Mr. Patrick also stated the need for the child protection barrier. The Council recognized members of the Farmers Branch-Carrollton Flood Control District who appeared at the .meeting. AGENDA ITEM NO. 16. -ADJOURNMENT. Upon a motion by Councilman Linn, a second by Councilman Dodd, all voting "aye", adjourned the City Council meeting of May 17, 1976 at 10:09 P.M.. rMa r org i.mmer City S etary J. W. Wade Vol. 25, Page 102.