1976-06-21 CC MinutesCITY OF FARMERS BRANCH
CITY COUNCIL
MINUTES OF A REGULAR MEETING
JUNE 21, 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 Quevreaux'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
City Secretary J. W. Wade
Secretary Ruth Ann Parish
Mayor Grimmer called the City Council meeting of June 21, 1976 to
order at 7:30 p.m..
AGENDA ITEM NO. 1 - INVOCATION
J. W. Wade gave the invocation.
DECLARING AN EMERGENCY
After some consl eration, a motion by Councilman Linn, a second
by Councilman Dodd, all voting "aye ", declared an emergency and
placed the following on the Agenda as Item No. 21.a.Consider
Resolution Authorizing Quit Claim Deed for a Portion of Property
on Irondale Abandoned by Ordinance 919.
AGENDA ITEM NO. 2. - APPROVAL OF MINUTES - May 17th and May 27, 1976
After some consi eration, a motion by Councilman Johnson, a
second by Councilman Dodd, all voting "aye ", approved the minutes
of the City Council meeting of May 17, 1976, as submitted.
After some consideration, a motion by Councilman Linn, a second
by Councilman Dodd, all voting "aye ", approved and accepted the
minutes of the City Council meeting of May 27, 1976 with the
inclusion of Councilman Dodd's statement attached to Page 104 of
Vol. 25.
Vol. 25, Page 106
AGENDA ITEM NO. 3. - PROCLAMATION BY THE MAYOR PROCLAIMING THE
WEEK OF AUGUST 9th AS HOMEOWNER'S WEEK IN FARMERS BRANCH.
Mayor Grimmer read a proclamation proclaiming the week of August
9, 1976 as Farmers Branch Homeowners How -To Fiesta time and
invited all citizens and merchants to participate in two evenings
of home improvement exhibits and ideas, entertainment and
informal festivities.
A motion by Councilman Johnson, a second by Mayor Pro Tem Binford,
all voting "aye ", approved the proclamation.
AGENDA ITEM NO. 4. - CONSIDER RESOLUTION APPROVING THE HOMEOWNERS
FIESTA AND REQUEST THE SUPPORT AND PARTICIPATION BY THE FARMERS
BRANCH HOMEOWNERS AND BUSINESSES.
After Mayor Grimmer read Resolution No. 76 -018 that had been
prepared for consideration by the Council, Councilman Dodd made a
motion to adopt Resolution No. 76 -018 which approves and supports
the Farmers Branch Homeowners Fiesta events for August 9th and
10th, and invites all citizens of Farmers Branch to attend and
participate. Mayor Pro Tem Binford seconded the motion with all
voting "aye".
AGENDA ITEM NO. 5. - PRESENTATION OF SERVICE AWARDS
Mayor Grimmer presented service awar s or their employment with
the city to the following:
Peggy Foster of the Finance Department - 10 Year Award
George Odom of the Engineering Division - 5 Year Award
Don Marder of the Police Department - 10 Year Award
George Campbell of the Police Department - 5 Year Award
Ronald Dunn of the Parks Division - 5 Year Award
AGENDA ITEM NO. 6. - CONSIDER RESOLUTION COMMENDING
REPRESENTATIVE AL KORIOTH.
Councilman Dodd presented a resolution commending Representative
Al Korioth for the dedicated service and the many significant
conbribution made by him on behalf of the citizens of Farmers
Branch. Councilman Dodd made a motion that the resolution be
adopted. Councilman Johnson seconded the motion. The motion
carried with Councilmen Dodd, Johnson and Binford voting "aye ",
and with Councilman Linn abstaining stating that he had rather it
had been handled in a different manner.
AGENDA ITEM NO. 7. - PRESENTATION OF CERTIFICATES FROM THE
BEAUTIFY TEXAS COUNCIL. PRESENTED BY RAMON FORD.
Mr. Ramon For , member of the Farmers Branch Bicentennial
Committee, presented the following certificates to the City
Council.
1. A Bicentennial Message from President Gerald R. Ford
. commending the Bicentennial Community of Farmers Branch for
playing a special part in this great National Celebration.
Vol. 25, Page 107
2. A certificate presented by the Beautify Texas Council to
the Farmers Branch Bicentennial Commission - the Janey Briscoe
Bicentennial Award - 1976 Certificate of Achievement.
3. A certificate of recognition from the Beautify Texas
Council for the 1975 Governor's Community Achievement Program to
Farmers Branch for enhancing the quality of life in the community
through planning, improving and preserving an attractive
environment.
Mayor Grimmer accepted the certificates and thanked the
Bicentennial Committee on behalf of the City Council.
AGENDA ITEM NO. 8. - PUBLIC HEARING
The public hearing was scheduled to
be changed from PD -12 and PD -13
Zoning District with uses allowed
plan, or any other District which
of land use or height on
Oakbrook -On- Brookhaven Phase 1 -B
platted and recorded with the Coun
77.041 acres of land more or less.
- OAKBROOK- ON- BROOKHAVEN
consider whether the zoning
(MF -2) to Planned Development
as shown on an approved site
is more restrictive by reason
the following tract:
and 1 -C and Phase III, As
ty of Dallas and containing
Mayor Grimmer gave the following information: The Planning and
Zoning Commission initiated a Public Hearing to consider rezoning
the Oakbrook -On- Brookhaven development on June 14, 1976. The
Commission considered several alternate proposals, and continued
the Public Hearing until August 9, 1976. The continuation was
made in order to allow the owners of Oakbrook -On- Brookhaven to
propose an alternate plan, deed restricting their undeveloped
property to specific land uses with specific densities.
After some consideration, Councilman Linn made a motion that the
Public Hearing be opened and continued until August 16, 1976 for
further consideration of zoning change on the
Oakbrook -On- Brookhaven property. Councilman Dodd seconded the
motion and all voted "aye".
AGENDA ITEM NO. 9. - PUBLIC HEARING: CONSIDER REQUEST OF
BROOKHAVEN. LIMITED FOR SPECIFIC USE PERMIT TO ERECT A SIGN IN A
LANE.
Mayor Grimmer opened the public hearing to consider the request
of Brookhaven, Limited to erect a general business sign for one
of their tenants (Agfa- Gaveart Photo Products) on one of the
buildings in Brookhaven Office Park. Brookhaven Office Park is
in Planned Development District 14 which allows Multi- Family -2
and Office uses. The property is developed as an office park.
Section 8 -102 of the Zoning Ordinance requires a Specific Use
. Permit to erect a general business sign in an office zoning
district.
Vol. 25, Page 108
The Planning & Zoning Commission recommends that the request be
granted.
Mr. Dennis Birdsong with Agfa - Gaveart Photo Products Co. was
present making the request for the specific use permit to erect
the sign. Mr. Birdsong requested that a 3 feet by 12 feet
illuminated sign be placed near the top of the eastern building
of the southwest corner of Webb Chapel Road and Josey Lane. The
proposed sign would face L.B.J. Freeway and Webb Chapel Road.
Mr. Birdsong stated that the business sign is to be used for
identification purposes on the property. Mr. Birdsong stated
that the Agfa - Gaveart Photo Products Co. are large film
manufacturers which have recently become tenants of the
Brookhaven Office Park. They occupy a marketing sales office
with a training center, where they display their products.
Mayor Grimmer asked if there was anyone who wish to speak in
favor of the request. The following spoke:
Mr. Bill Thomas stated that he was with Mr. Birdsong and that
there is a need for an identification sign at this location for
the clients coming from out of town to their location.
Mayor Grimmer asked if there was anyone present who wished to
speak in opposition of the request. No one spoke in opposition.
Mrs. Carol Dingman, asked the question whether or not the Town
North Bank had a similar sign on their building and stated would
that not be the same kind of zoning there.
A motion by Councilman Linn, a second by Mayor Pro Tem Binford all
voting "aye ", closed the public hearing.
Mr. Birdsong discussed with the Council members that in his lease
Brookhaven Office Park would provide space at the location for a
sign where the company thought best for an identification sign.
After more discussion, Councilman Linn made the motion as
recommended of the Planning $ Zoning Commission to grant the
request and adopt Ordinance No. 1108. Mayor Pro Tem Binford
seconded the motion.
After some discussion, that this might set a precedent and would
be inviting others to follow the same avenue, the motion failed
with the following votes: Councilmen Dodd. Johnson, and Linn
voted "nay" on the motion, and Mayor Pro Tem Binford voting "aye ".
AGENDA ITEM NO. 10. - CONSIDER REQUEST OF COLONIAL SAVINGS AND
LOS
AND LOAN ASSOCIATION IN AN OFFICE ZONING DISTRICT REQUESTED FOR
THE PROPERTY LOCATED AT 13305 JOSEY LANE.
Mayor Grimmer gave the following information from a memo to the
City Council from the Administration: Colonial Savings and Loan
Vol. 25, Page 109
Association owns a 1.043 acre tract of land at 13305 Josey Lane.
The tract lies on the west side of Josey Lane, directly north of
the McDonald's restaurant. The property is zoned Office (0).
Section 8 -114 of the Zoning Ordinance requires a Specific Use
Permit to operate a Savings and Loan Association in an Office
Zoning District. Colonial Savings and Loan is requesting the
City Council to approve the Specific Use Permit.
The Planning and Zoning Commission recommends that the Specific
Use Permit be granted.
Mrs. Jane Drake, Branch Manager of Colonial Savings and Loan
Association, was present in behalf of the request for the
specific use permit. She stated that they plan to build a modern
building and believes it would be an asset to Farmers Branch.
After a brief discussion, a motion by Councilman Linn, a second
by Councilman Dodd, all voting "aye ", adopted the following
Ordinance No. 1107.
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED; BY
GRANTING TO COLONIAL SAVINGS AND LOAN ASSOCIATION
A SPECIFIC USE PERMIT FOR A SAVINGS AND LOAN ASSO-
CIATION IN AN OFFICE (0) ZONE, SAID SAVINGS AND
LOAN USE TO BE LOCATED AT 13305 JOSEY LANE; PRO-
VIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED
($200.00) DOLLARS FOR EACH OFFENSE; AND DECLARING
AN EMERGENCY.
AGENDA ITEM NO. 11. - CONSIDER SITE PLAN APPROVAL FOR THE
1 V1\ 1llVV LLLL.
Mayor Grimmer gave the following information from a memo to the
City Council from the City Administration: A revised site plan
of the Josey Square Shopping Center has been submitted for
consideration. The revised plan locates a Taco Bell restaurant
on the site. All Taco Bell signs will be placed on the face of
the building. (No free standing signs on the site.) The garbage
container at the rear of the building will be screened. There
will be no drive -in or window sales from the restaurant.
The Planning and Zoning Commission recommends that the site plan
be approved with the following conditions:
1. Concrete pad be poured for location of trash dumpster.
2. Adequate screening be provided.
3. Above items as required by City administration.
There was no one present representating the Taco Bell restaurant.
Vol. 25, Page 110
After some discussion, a motion by Councilman Dodd, a second by
Mayor Pro Tem Hinford, all voting "aye ", approved the'site plan for
the location of a Taco Bell restaurant on Josey Square Shopping
Center with the recommendations of the Planning & Zoning
Commission, and that the City continue to watch these things
carefully and in the same manner as the City has in the past.
AGENDA ITEM NO. 12. - CONSIDER REQUEST FOR APPROVAL OF DALLAS
CHRISTIAN COLLEGE SITE PLAN. REQUESTED FOR THE PROPERTY LOCATED
I
Mayor Grimmer gavethe following information from a memo to the
City Council from the City Administration: Dallas Christian
College has submitted a revised site plan. The site plan
relocates an activities building (gymnasium). The college plans
to begin construction of the new activities building in July if
the site plan is approved.
The Planning and Zoning Commission recommends that the site plan
be approved with the following conditions:
1. Replat the property and dedicate new fire lanes and
adjust existing fire lanes to accurately conform to
existing improvements on the property and as required
by the city's public works department.
2. Provide fire hydrants as required by the city's fire
hydrant policy.
3. Provide a turn - around for fire equipment on the east
side of the property at the rear of the classroom and
dormitory buildings.
4. Prior to any future site plan changes, adjacent pro-
perty owners within 200' of the college property will
be notified of the hearings.
Dr. Newland, President of Dallas Christain College, was present
in behalf of the request and stated that the conditions placed by
the Planning and Zoning Commission were in agreement with the
college.
After some discussion, a motion by Councilman Linn, a second by
Councilman Johnson, all voting "aye ", approved the request of the
Dallas Christain College for a revised site plan which relocates
an activities building, with the conditions as recommended by the
Planning and Zoning Commission written above.
AGENDA ITEM NO. 13. - CONSIDER SITE PLAN APPROVAL FOR THE
CKLER.
Mayor Grimmer gave the following information: 2513 Valley View
Lane is located in the PD -5 (C) zoning district. Site plan
approval is required prior to constructing improvements on the
property within PD -5 (C) zoning district.
Vol. 25, Page 111
Mr. Bobby Hackler was present making his request for a revised
site plan showing a future expansion on the east side of the
existing building and the enclosure of the canopy area along the
south side of the existing building.
Mrs. Carol Dingman questioned if something could be done to
beautify the property. Mr. Hackler stated that when he finishes
the building he plans to have all rear entry and to have
shrubbery planted in the front.
The Planning and Zoning Commission recommends that the site plan
be approved with the condition that the additions and enclosure
be of masonry construction and painted so as to be compatible
with the existing building.
A motion by Councilman Dodd, a second by Councilman Linn, all
voting "aye ", approved the site plan revision request by Bobby
Hackler as recommended by the Planning and Zoning Commission with
the condition listed above.
AGENDA ITEM NO. 14. - DISCUSS ORDINANCE REGULATING THE NUMBER OF
DOGS A RESIDENT-NAY—KEEP AT HIS RESIDENCE.
This item was canceled for discussion at the request of Bill
Craven, 12801 Holbrook, who had requested that the item be placed
on the agenda.
AGENDA ITEM NO. 15. - CONSIDER ORDINANCE NO. 1106 AMENDING THE
CODE OF ORDINANCES FOR THE PURPOSE OF EXEMPTING THE DALLAS COUNTY
COMMUNITY COLLEGE DISTRICT FROM PAYING BUILDING PERMIT FEES.
Mayor Grimmer gave the following information: The Dallas County
Community College District is requesting that the permit fees for
the remaining construction work on Brookhaven College be waived.
Councilman Linn stated that this item was returned to the Council
on the basis of rewriting an ordinance and on the basis of having
a full Council present. Councilman Linn stated that he would
like to request again to have a full Council present before the
consideration is determined.
Mr. Deon Holt was present representing the Dallas County
Community College District.
Councilman Dodd stated that he thought the consideration should
be given on this item at this time and Councilman Dodd made the
motion to adopt Ordinance No. 1106 which amends the City Code of
Ordinances so as to allow the issuance of building, electrical,
plumbing, air conditioning and other construction permits to
school districts without the payment of permit fees. Councilman
Linn seconded the motion.
Vol. 25, Page 112
Councilman Johnson stated that he opposed the request because he
feels the citizens of Farmers Branch have already made a
significant contribution to Brookhaven College and that Farmers
Branch will continue to do so, without waiving these fees.
After more discussion, the motion was defeated with Councilmen
Linn, Dodd voted "aye ", for the motion, and Councilmen Johnson
and Binford voting "nay ". The Mayor voting "nay ", because of
tie, against the motion.
AGENDA ITEM NO. 16. - CONSIDER JOINT PARKING LOT VENTURE BETWEEN
THE CITY OF F RMERS BRANCH AND THE ST. PAUL LUTHERAN CHURCH.
Mr. Quentin Johns-on, representating the St. Paul Lutheran C urch,
gave out information concerning the consideration for joint
parking lot facility for the church and the library at the
southwest corner of Rawhide and Webb Chapel Road. Recently the
church has hired an architect and have gone into planning for a
new building on the property. The City Administration was told
of the plans and the church has proceeded with plans for a joint
parking facility for the City Council to consider. Mr. Johnson
stated that the letter from Neil Sperry on proposals for a shared
parking lot was in need for a decision by June 23, but there is a
delay and there is no need for the decision tonight. Mr. Johnson
stated that in the letter there was no written proposed for the
paying of the electric and water bills. He stated that he would
like to propose that the city pay the electric bill because the
city would request more lighting on the parking lot than the
church would need. He proposed that the church would pay the
water bill because the church would maintain the landscaping in
and around the lot. He also stated that he would like to see if
it could be worked out for a section that is needed to be paved
where it could be coordinated with the contractors to pay when
the parking lot is installed with the reimbursement to the City
by the church.
Mr. Johnson requested the City Council's approval to proceed
further on the plans and let the church and the City
Administration workout the details.
Councilman Dodd made the motion that the church work with the
City Administration on questions such as the architectural
aspects, the water, and the lighting facilities, ETC., and to
continue this study and the City Administration come back with a
recommendation as to an orderly procedure with what these
questions need to be answered on and take it up on the next
council meeting. Councilman Linn, seconded the motion, and all
voted "aye ".
Mr. Johnson stated that the church would furnish a calendar 30
days in advance for the scheduling of their services. Any
conflict could be worked out between the church and the city.
Vol. 25, Page 113
AGENDA ITEM NO. 17. - CONSIDER REQUEST TO HEAR DISCUSSION OF THE
ZONING OF THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF THE
INTERSECTION OF FYKE AND WEBB CHAPEL ROADS. REQUESTED BY MR.
RAY PRATT, 308S WINDMILL, WHOSE PROPERTY ABUTTS THE PROPERTY ON
THE WE T.
Mr. Ray Pratt, 3085 Windmill, presented a request to the City
Council to void Ordinance No. 868 that amended the Zoning
Ordinance on the property located on the southwest corner of Fyke
Road and Webb Chapel Road rezoning the property from R -6 to
Office. Mr. Pratt requested that the property be changed back to
R -6 because he feels that State Law has been violated because of
not properly notifying the property owners of this change in
zoning. Mr. Pratt told of numerous requests that had been before
the Planning and Zoning Commission and the City Council for the
rezoning of this property from 1963 to 1969. He stated that on
previous requests both the Planning and Zoning and the City
Council turned the request down of rezoning this property. He
stated that on these previous hearings property owners objected
to the traffic problems that would be caused from this property
at the intersection of Fyke and Webb Chapel across from the
school. He had not received or heard of anything on the zoning
on this property until May 29 when construction began. He stated
he had contacted the Mayor and the Mayor gave him the information
that a building was to be built. He stated he was not notified
and he contacted approximately a third of 32 property owners
involved and they said they have not been notified. He stated
that upon checking at the City Hall that documents had been
mailed out to property owners, but he had not been notified
because of some error. He stated that he did not want a building
in his back yard and because of the traffic congestion which
would be caused around the school. He stated that he did not
believe anyone was notified because of the previous interest
during the past 6 or 7 years opposing the change of zoning on
this property because of the traffic problems.
There was discussion of a notice of hearing which was sent to his
address with an unknown name. There was discussion that the
notice of the hearing was posted in the newspaper and also there
was a sign erected prior to the 1970 action of both the Planning
and Zoning and the City Council stating the zoning being
requested.
After some discussion of the fact that an error did exist and the
fact that Mr. Pratt's property would abutt the mini park
designated on the property in question, Councilman Linn made a
motion that no action be taken by the City Council because the
full intent of the Council and the legal staffs of the city were
fully meet. Councilman Dodd, seconded the motion, and all voted
►►aye„ .
Vol. 25, Page 114
AGENDA ITEM NO. 18. - DISCUSS SCHOOL CROSSING SITUATION AT
McLAUGHLIN ELEMENTARY.
Mr. Wayne Cloud, past resident of McLaughlin Elementary School
PTA, stated that at the last meeting of the school PTA he was
voted to be the continued spokesman for the PTA on traffic
situation problems at McLaughlin. There were approximately 7
members of the McLaughlin PTA present. Mr. Cloud stated that
following the May meeting of the PTA a letter was sent to the
City Administration of Carrollton and Farmers Branch and the City
Council of Carrollton and Farmers Branch and to the School Board
requesting items by the membership for the situation at the
McLaughlin School. Mr. Cloud stated that the School Board had
meet and discussed these problems and at their last meeting did
approve the funding on the on- campus of the alterations
recommended by the Farmers Branch plan. Mr. Cloud stated that
Mr. Davis had mailed a letter to Mr. West stating that the School
Board voted on the following proposals.
1. That the 20 mile per hour as now exists be
retained.
2. That the school crossing guards be provided at the
traffic light at Fyke and Webb Chapel Roads.
3. That the sidewalk on the east side of Webb Chapel
that has been requested by the school PTA be screened in some way
if possible.
After some discussion Mr. Cloud stated that the McLaughlin PTA
would like the City Council of Farmers Branch to reconsider the
following items that were listed in their letter.
1. That the 20 miles per hous speed zone on Webb
Chapel Road be continued as now in operation and not be
eliminated as proposed by the City of Farmers Branch.
2. That a sidewalk be constructed along the east side
of Webb Chapel Road, a point near Oakbrook north of Southern
Pines to Pebble Beach as now approved by the City of Farmers
Branch, but to include a child protection barrier of at least 6
feet in height with a curved top. This barrier to be installed
along with curb lines along Webb Chapel Road and the new
sidewalk.
3. That a crossing guard be provided at the school
crossing located on Webb Chapel Road to aid the children.
Councilman Dodd stated that he would like to see further study
done by the Administration of the City of Farmers Branch and
Carrollton, because he was concerned of the safety of the
children going down Webb Chapel Road. Councilman Dodd stated
that other areas should be explored for other solutions by all.
Vol. 25, Page 115
Mr. Cloud told of past history of the PTA requesting the study
for the on and off campus situations for McLaughlin.
After hearing more discussion, Councilman Linn made a motion that
the City Council of Farmers Branch concurred with the action of
the Carrollton and Farmers Branch School District regarding the
campus traffic and that the previous action of the City Council
of Farmers Branch to be recended; the stop light not be installed
at Fyke Road but be installed at Pebble Beach; to eliminate the
proposed sidewalk on the east side of Webb Chapel; and, retain
the time blinking school zone light to 20 miles per hour during
school in accordance with Ordinance 1025. Councilman Dodd,
seconded the motion.
After reinterating the motion for clarification for the audience,
with no further discussion, the motion carried with 3 to 1 with
Councilmen Linn, Binford, Johnson voting "aye ", and with
Councilman Dodd voting "nay ". Councilman Dodd voting "nay ",
because he desired further discussion.
AGENDA ITEM NO. 19. - CONSIDER REQUEST FOR CLASSIFICATION OF NEW
AND UNLISTED USE - WORM FARM.
Mayor Grimmer stated that the Planning and Zoning Commission
recommends that the use of worm farm be allowed in a Heavy
Industrial Zone (HI) only.
Mayor Grimmer asked if there was anyone in the audience who
wished to speak on this item. No one spoke.
A motion by Councilman Linn, a second by Mayor Pro Tem Binford all
voting "aye ", approve that worm farms be an allowable use in
Heavy Industrial (HI) zone only, and be prohibited from all other
zoning districts of the City, by adopting Resolution No. 76 -105.
AGENDA ITEM NO. 20. - PUBLIC HEARING: CONSIDER EXPENDITURE OF
GENERAL REVENUE SHARING FUNDS.
Mayor Grimmer opened the public hearing to consider expenditure
of general revenue sharing funds. Mayor Grimmer stated that the
Administration recommends the expenditure of these funds be in
the following manner.
1. $185,000.00
West Valley View Lane.
by the Council in Febr
2. $73,996.49 to
Mayor Grimmer asked if
wished to speak for or
spoke.
to purchase the present landfill site on
(The purchase of this site was authorized
,nary 1976.)
be used for park improvements.
there was anyone in the audience who
against this consideration. The following
Vol. 25, Page 116
Mrs. Carol Dingman, 3605 Tanglewood Circle, requested that the
City Council consider spending part of the general revenue
sharing money to start a para -medic program. Mrs. Dingman read a
prepared written request. She told of Carrollton of having
started the program and of Carrollton's expense on the program.
Mrs. Dingham stated that she wished the Council would consider
this para -medic program because the City may be at the end of the
revenue sharing money.
Mayor Grimmer stated that the City has always tried to put the
revenue sharing money into noncontinuing programs, because of the
fact that the City may not always receive the revenue sharing
money. He stated that this does not mean that Farmers Branch
cannot or will not go into a para -medic program next year or the
year after.
There was further discussion on the cost involved that Mrs.
Dingman quoted. There was discussion of the para -medic being
qualified to give IV's and stimulating the heart electrically
which would increase liability exposure, in which would be burden
upon the taxpayers.
Mayor Grimmer asked if there was anyone else who wished to speak
on any other program or have any suggestions on the expenditure
of the general revenue sharing funds. No one spoke.
A motion by Councilman Linn, a second by Councilman Dodd, with
all voting "aye ", closed the public hearing.
Councilman Linn made the motion to approve the expenditure of the
$258,996.49 which included the purchase of the present landfill
site and within the catagories listed below:
1. Public Safety
2. Environmental Protection
3. Public Transportation
4. Health
5. Recreation
6. Libraries
7. Social Services
8. Finance Administration: and, that the Administration is
to come back to the City Council on the expenditure with the
specifics involved.
Councilman Johnson seconded the motion, with all voting "aye"
AGENDA ITEM N0. 21. - CONSIDER AMENDMENT TO THE AGREEMENT FOR
H GH MINATION WITH THE TEXAS HIGHWAY DEPARTMENT AND
AUTHORIZING THE MAYOR TO EXECUTE THE AMENDED AGREEMENT.
Mayor Grimmer gave the following information from a memo to the
City Council from the City Administration: The State Department
of Highways and Public Transportation has installed an
Vol. 25, Page 117
illuminating system along the Interstate at their complete
expense. Pursuant to our agreement with the State Department of
Highways & Public Transportation, the City will be responsible
for maintaining and operating the system. This amendment
stipulates that Texas Power & Light will grant a 25% reduction on
the net monthly rate since they were relieved of the necessity of
installing and maintaining the system.
After some discussion, a motion by Councilman Dodd, a second by
Councilman Johnson, all voting "aye ", authorized the Mayor to
execute the agreement with the Texas Highway Department for the
highway illumination.
AGENDA ITEM NO. 21. a. - CONSIDER RESOLUTION AUTHORIZING QUIT
CLAIM DEED FOR A PORTION OF PROPERTY ON IRONDALE ABANDONED BY
ORDINANCE 919.
Mayor Grimmer gave the following information from a memo to the
City Council from the City Administration: Due to the fact that
Ordinance No. 919 was not definite, the title company has
requested the city to pass a resolution showing the Council's
intent to allow the city to quit claim any city interest in that
portion of Irondale abandoned by Ordinance No. 919.
After some discussion, a motion by Mayor Pro Tem Binford, a second
by Councilman Linn, all voting "aye ", adopted Resolution No.
76 -019 which ratified the previous action of the City Council to
quit claim a portion on Irondale as described in Ordinance No.
919.
AGENDA ITEM NO. 22. - CONSIDER RESOLUTION JOINING THE ASSOCIATION
OF NORTH TEXAS CITIES AND RATIFYING THE BY -LAWS.
Mayor Grimmer stated that one other requirement of the by -laws of
the Association of North Texas Cities is that a resolution be
passed and sent to the organization authorizing the City to
become a member and ratifying the by -laws. Resolution No. 76 -016
is being presented for consideration by the City Council.
After some discussion, a motion by Councilman Dodd, a second by
Councilman Linn, all voting "aye ", adopted Resolution No. 76 -016
which authorized the City of Farmers Branch to join the
Association of North Texas Cities and ratifying the by -laws.
AGENDA ITEM NO. 23. - CONSIDER RESOLUTION APPOINTING A DELEGATE
AND ALTERNATE DELEGATE TO THE ASSOCIATION OF NORTH TEXAS CITIES
OR A TERM TO EXPIRE MAY, 1977.
Mayor Grimmer explained that the by -laws of the Association of
North Texas Cities state that each city shall appoint a delegate
and alternate delegate. These delegates shall be the voting
representatives for the City of Farmers Branch.
Vol. 25, Page 118
After some consideration, a motion by Councilman Linn, and a
second by Councilman Johnson, appointed Mayor Grimmer and Mayor
Pro Tem Bill Binford as the delegate and alternate delegate to
the Association of North Texas Cities for a term to expire May,
1977, by adopting Resolution No. 76 -017.
AGENDA ITEM NO. 24. - CONSIDER THE DESIGNATION OF TWO OFFICIAL
REGIONAL TRANSPORTATION POLICY ADVISORY COMMITTEE MEMBERS.
Mayor Grimmer state that Farmers Branch has two representatives
on the Regional Transportation Policy Advisory Committee. This
committee has adopted the practice of requiring members to be
re- certified or that new members be designated on an annual
basis. The present representatives from Farmers Branch on this
committee are Mayor Pro Tem Bill Binford and Councilman Ken
Quevreaux.
After some consideration, a motion by Councilman Johnson, a
second by Councilman Linn, all voting "aye ", re- designated Mayor
Pro Tem Bill Binford and Councilman Ken Quevreaux to be the two
offical Regional Transportation Policy Advisory Committee members
representing the City of Farmers Branch.
AGENDA ITEM NO. 25. - CONSIDER RELEASE OF EASEMENTS IN METRO
SQUARE ADDITION.
Mayor Grimmer gave the following information from a memo to the
City Council from the City Administration: These easements were
granted to the City of Farmers Branch by Metro Square to be used
as a drainage and access easement. At the time they were granted
it was by a separate instrument and a metes and bounds
description. Since that time Metro Square has filed a final plat
dedicating the City of Farmers Branch the right -of -way needed for
Ford Road. These easements are included in this dedicated plat.
The original instruments need to be released to prevent any
confusion at a future date.
After some consideration, a motion by Councilman Linn, a second
by Councilman Dodd, all voting "aye ", authorized the City
Administration to release the original easements which are now
covered by dedicated plats, without intending to abandon the
easement areas as shown on the dedicated plat.
AGENDA ITEM NO. 26. - CONSIDER AUTHORIZING THE ADVERTISEMENT FOR
BIDS FOR-THE FORD ROAD PAVING PROJECT.
Mayor Grimmer gave t e ollowing in ormation from a memo to the
City Council from the City Administration: Plans for the paving
of Ford Road from Villa Creek Drive to Farmers Branch Lane are
substantially complete. In order to have this section of paving
open for traffic at the same time the bridge over Farmers Branch
creek will be open, construction must be initiated as soon as
. possible. It is proposed that this be an assessment project. A
portion of this project is located in the City of Dallas. The
Vol. 25, Page 119
City anticipates assessing these property owners after permission
has been granted by the City of Dallas. Only one property owner
is located in the City of Farmers Branch abutting this proposed
pavement. This is along the side of a residential lot and under
normal policy the improvements to be constructed would not be
assessed against this property. All amounts collected by
assessments will be returned to Metro Square Joint Venture and
all costs not recovered by assessments will be paid by Metro
Square Joint Venture.
The City Administration recommends that the City Council
authorize the Administration to advertise for bids for the paving
of Ford Road from Villa Creek Drive to Farmers Branch Lane.
After some consideration, a motion by Councilman Dodd, a second
by Councilman Linn, all voting "aye ", authorized the City
Administration to advertise for bids for the paving of Ford Road
from Villa Creek Drive to Farmers Branch Lane, as recommended by
the City Administration.
AGENDA ITEM N0. 27. - CONSIDER AWARDING BIDS ON FIRE FIGHTING
L1 \L1- 111111YV L\�V 11. i'i.ua i
City Manager Pau! -West stated that bids were received on fire
fighting equipment on June 1, 1976, as authorized by the City
Council on May 17, 1976. The purchase of this equipment will
provide a complete replacement of existing breathing equipment.
The new equipment is of new design and will provide fire
personnel with a safe quality of air and extend operating time in
toxic atmosphere. The City Administration recommends that the
award be made to the low bidder.
After some discussion, a motion by Councilman Dodd, a second by
Mayor Pro Tem Binford all voting "aye ", awarded the bid to Fire
Protection Service Company for breathing systems in the amount of
$11,975.00 and to Control Valves, Inc. for air compressor system
in the amount of $16,949.20.
AGENDA ITEM NO. 28. - CONSIDER AWARDING BIDS FOR THE FORD ROAD
BRIDGES.
Mayor Grimmer gave the following information from a memo to the
City Council from the City Administration: Bids have been
received for the construction of Ford Road Bridges over Farmers
Branch Creek. The low bidder is Navarro Contracting Co. with a
bid in the amount of $224,980.23. Completion time is 200
calendar days. The newspaper failed to publish the first of 2
required advertisements for this bid on the date requested due to
the fact they had canceled their bi- weekly publication. This
resulted in there not being the normal 2 weeks publication time
prior to the award of the bids. The notice to the bidders was
published twice within a 10 day period. Contractors were
notified 15 days prior to the date of the bid openings. The
Council has the authority to waive this formality.
Vol. 25, Page 120
After some consideration, a motion by Councilman Linn, a second
by Mayor Pro Tem Binford all voting "aye ", awarded the contracts
for the Ford Road Bridges to Navarro Contracting Co. in the
amount of $224,980.23, and waived the 14 day publication
requirement.
AGENDA ITEM NO. 29. - CITY MANAGER REPORTS.
The City Manager gave a report of the various happenings and
projects of the various departments within the city.
OTHER COMMENTS FROM THE AUDIENCE.
Mrs. Elaine Bruelker, 2806 -08 Golfing Green Drive, stated that
she has a question concerning the item of the request of Colonial
Savings and Loan for their specific use permit. Mrs. Bruelker
stated that she is not aware of the time when a citizen can
participate in the discussion on an item and would recommend that
the Mayor in some way indicate at the proper time that a citizen
can participate from the audience on the subject. Mrs. Bruelker
spoke in concern of the Colonial Savings and Loan improvements
being made adjacent to the rear of her property line. Mrs.
Bruelker was given a copy of the sketch of the proposed site plan
of Colonial Savings and Loan which shows their improvements not
abutting the adjacent paved easement of the property owners
facing Golfing Green Drive.
After some discussion, City Manager Paul West stated that an
error had been made and the specific use permit requests of
Colonial Savings and Loan should have been treated as a public
hearing. The request will be re- advertised as a public hearing
and will be back before the City Council at the next meeting.
Mr. Ray Pratt complimented the City Council and City
Administration for taking the time to listen to his complaint.
MAYOR GRIMMER ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE
GENERAL SESSION HAD BEEN CONCLUDED. AFTER A SHORT RECESS THE
COUNCIL WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE
MEET-ING WTEL RECONVENE INTO GENETM SESSION
BEEN DISCUSSED IN THE EXECUTIVE SESSION.
Mayor Grimmer explained that Article 5252 -17, Section 2 of the
Open Meeting Law provided that such item as discuss pending and
contemplated litigation maybe discussed in closed session.
AGENDA ITEM NO. 30. - EXECUTIVE SESSION.
City Manager Paul West and City Attorney Doug McCallon gave a
status report of the existing litigation involving the city.
AGENDA ITEM NO. 31. - ADJOURNMENT.
A motion y Councilman Linn, a second by Councilman Johnson, all
. voting "aye ", adjourned the City Council meeting of June 21,
1976, at 10:25 p.m.
Vol. 25, Page 121
Vol. 25, Page 122
DRRFT
George Grimmer Councilmen 26 -125
Honor'�sble g , Mayor, and City
of the City of Farmers BranoF REcu:IVE;E)
Farmers 15rancH Texas
Gentlemen:
USLIC W 43KS QEPT.
This letter, concerning your request fora rate for service to be supplied by our
Company to certain highway illuminating systems which the Texas State highway Department
contemplates installing within the corporate limits of the City of Farmers Branch , will
supplement and amend to the extent hereinafter provided our agreement with you for munici-
pal electric service dated May 11, 1956 , and Municipal And Public School Service
Schedule MSL -1 as amended May 16 •1 , now constituting a part of said agreement_
In of being relieved of the necessity -o£ installing and maintaining
at our expense the facilities which would comprise the above- mentioned State -owned highway
illuminating systems., we are willing to render a lower billing for service supplied to
such systems, as requested, by modifying the second paragraph under the "Net Monthly Rate"
provision of said Schedule MSL_-1 to read as follows:
"Second Paragraph ":
"For billing purposes hereunder, the energy supplied the municipality,
including that consumed by the State highway illuminating systems, herein-
after referred to collectively as the Municipality, shall be added to the"
energy supplied the schools, and one calculation made of the total amount
thus obtained in accordance with the foregoing rate schedule. The total
billing amount so determined shall be divided between the Municipality and
the school system as a whole in proportion to the number of kilowatthours
supplied each during the month, and Company shall render a separate bill to
each for its proportionate part of the total. A discount of 25:, will be
allowed on that portion of the Municipality's proportionate part, calculated
as being assignable to the State -owned highway illuminating systems by
applying the average rate per kilowatthour resulting from the above - mentioned
total billing' to the number of kilowatthours supplied such systems." '-
It is also agreed that the third paragraph under - "Net Monthly Rate" be changed to
read as follows:
s :Third Paragraph ":
"When, in the opinion of Company, the installation of meters for measuring
the energy used under this rate, for street lighting purposes is impractical or
undesirable, the amount of monthly energy used shall be determined by the
.following formula
Wattage Rating of Lamps= x 4,000 hours Monthly .Kwh
.12 x 1.,000
Includes ballast where applicable."
It is further agreed that the third paragraph of Article 3 of said agree -
meet of May 11, 1956, pertaining to lamp replacements, shall be applicable to the
City's street lighting systems as a whole including the State -owned highway illuminating
systems.
_ f
-2-
It is also agreed that the Company will not assume direct responsibility for
maintenance of State -owned highway illuminating facilities, but the Company will maintain
such facilities at the City's request with the understanding that the City will'pay
Company the actual costs incurred by the Company in the performance of such work.
All other provisions of said agreement and Schedule MSL -1 shall remain in full
force and effect except as herein specifically amended.
.if these proposed amendments are acceptable to the City, please so indicate in
the space provided below.
Yours very truly,
TEXAS PO &LIGHT C0� ANY
By
Accepted June 21 1976
CITY OF Farmers Branch ATTEST:
By By c-
r y Secretary
Note: This agreement pertains to the street lighting-on Interstate 35 East._
. R