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1977-09-12 CC MinutesCITY OF FARMERS BRANCH . CITY COUNCIL MINUTES OF A REGULAR MEETING SEPTEMBER. 12, 1977 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro Tem Bill Binford Councilmen: John Dodd Fred Johnson Ken Quevreaux Gene Matthews The following members of the City City Manager City Attorney City Secretary Director of Staff Services Secretary Administration were present: Paul M. West Ray Hutchison J. W. Wade Glenn Moore Ruth Ann Parish Mayor Grimmer called the City Council meeting of September 12, 1977 to order at 7:30 p. m. . AGENDA ITEM NO. 1 - INVOCATION J. W. Wade gave the invocation. DECLARING AN EMERGENCY. After some clarification, a motion by Councilman Dodd, a second by Council- man Quevreaux, all voting "aye", declared an emergency to alter the agenda item No. 23 to read: Public Hearing: Annual Budget 1977-1978 Fiscal Year for the City of Farmers Branch and the Expenditure of Revenue Sharing Funds. AGENDA ITEM NO. 2. -APPROVAL OF MINUTES After consideration, a motion by Councilman Binford, a second by Councilman Matthews, all voting "aye", approved the minutes of City Council meetings of August 15, and August 22, 1977, as submitted. AGENDA ITEM NO. 3. -PRESENTATION OF SERVICE AWARDS Mayor Grimmer presented a five year service award to Jackie Cessna of the Finance Division and a ten year service award to Paul Beasley of the Police Department for their employment with the city. AGENDA ITEM NO. 4. -PRESENTATION TO THE CITY FROM THE CIVIC LEAGUE. Mrs. Patty Parvin, President of the Civic League in Farmers Branch, presented to the city a check in the amount of $5, 365. 00 from the Civic League. This money is to be expended for items such as, mirrors for display cases, plate racks for display cases, marquee, two sculpture cases, eye level cupboards, and locks for display cases for the Farmers Branch Community Building. Vol. 28, Page 27. Mayor Grimmer expressing appreciation and complementing the Civic League for their contribution to the city, accepted the check in behalf of the city. AGENDA ITEM NO. 5. -PRESENTATION OF CERTIFICATE OF APPRE- CIATION. Mayor Grimmer presented a certificate of appreciation to Tom Prince for having served on the Dangerous and Substandard Building Code Board of A ppeals. AGENDA ITEM NO. 6. -PUBLIC HEARING: CONSIDER. CHANGING THE ZONING FROM LIGHT INDUSTRIAL TO PLANNED DEVELOPMENT ZONING DISTRICT ALLOWING LIGHT INDUSTRIAL USES AND STANDARDS ESTAB- LISHED BY THE AMENDING ORDINANCE, AND ANY OTHER. DISTRICT WHICH IS MORE RESTRICTIVE BY REASON OF LAND USE AND HEIGHT, FOR. THE PROPERTY LOCATED WEST OF CHICAGO, ROCK ISLAND & PACIFIC RAILROAD IN THE CITY OF FARMERS BRANCH. Mayor Grimmer gave the following information: The City's Zoning Ordinance requires that a recommendation from the Planning and Zoning Commission be forwarded to the Council before the Council can take final action. The meeting held by the Planning and Zoning Commission on August 22, 1977, has been continued until September 26, 1977 for further study. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", continued the Public Hearing until October 3, 1977. AGENDA ITEM NO. 7. -PUBLIC HEARI NG: CONSIDER. PROPOSED AMEND- MENTS TO THE CITY'S ZONING ORDINANCE, AMENDING COMMERCIAL STANDARDS. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: On August 22, 1977 the City's Planning and Zoning Commission held a public hearing to consider amending the City of Farmers Branch Zoning Ordinance, requiring certain standards for commercial zoning districts. Ordinance No. 1152 has beenprepared by setting out certain standards for commercial zoning districts, as recommended by the Planning and Zoning Commission. Mayor Grimmer opened the public hearing. Mayor Grimmer asked if there was anyone present wishing to speak in favor of the proposal. The following spoke: Mrs. Carol Dingman, 3605 Tanglewood, asked whether the proposal would be more or less restrictive. City Manager Paul West explained that the proposed standards would be more restrictive in commercial areas. The proposed standards basically places the same restrictions in commercial areas that are existirg in light industrial areas. Vol. 28, Page 29. Mayor Grimmer stated that the proposed performance standards for Commercial Zoning Districts consist of matters such as; noise, smoke and particulate matter, odorous matter, fire, and explosive hazard material, toxic and noxious matter, vibration, glare, and open storage. Mayor Grimmer asked if there was anyone present wishing to speak in opposition of the proposal. No one spoke. There being no one else wishing to speak, a motion by Councilman Johnson, a second by Councilman Matthews, all voting "aye", closed the public hearing. After some discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", adopted the following captioned Crdinance. No. 1152: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH AS HERETOFORE AMENDED; BY AMENDING SECTION 8-600 PERFORMANCE STANDARDS, 8-601 NOISE, 8-602 SMOKE AND PARTICULATE MATTER., 8-603 ODOROUS MATTER, 8-604 FIRE AND EX- PLOSIVE HAZARD MATERIAL, 8-605 TOXIC AND NOXIOUS MATTER, 8-606 VIBRATION; BY AMENDING 8-607 OPEN STORAGE BY ADDING PARAGRAPH (a) AND (b); AND BY AMENDING 8-608 GLARE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 8- PUBLIC HEARING: CONSIDER. AMENDING THE CITY'S ZONING ORDINANCE BY AMENDING SECTION 8-107, SECTION 8-110 AND SECTION 8-114 TO ALLOW CERTAIN MERCHANDISE RENTALS IN LR.-1, LR-2, C, LI, HI AND PD ZONING DISTRICTS ALLOWING LR.-1, LR.-2, C, LI AND HI USES. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: The allowable rental uses shown in the use charts of the City's Zoning Ordinance have been reviewed. The Planning and Zoning Commission recommends that the zoning ordinance be amended to allow rental uses in specific zones as spelled out in Ordinance No. 1159 which has been prepared for consideration. Mayor Grimmer opened the public hearing: Mayor Grimmer asked if there was anyone present wishing to speak in favor or in opposition of the proposal. No one spoke. A motion by Councilman Quevreaux, a second by Councilman Matthews, all voting "aye", closed the public hearing. A motion by Councilman Matthews, a second by Councilman Quevreaux, all voting "aye", adopted the following captioned Ordinance No. 1159: Vol. 28, Page 29. AN ORDINANCE OF THE CI1Y OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH AS HERETOFORE AMENDED; BY AMENDING SECTION 8-107, RETAIL AND SERVICE TYPE USES; BY AMENDING SECTION 8-110, COMMERCIAL TYPE USES; AND SECTION 8-114 (a), TIRES, BATTERIES AND ACCESSORIES; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR. EACH OFFENSE, AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. AGENDA ITEM NO. 9. -CONSIDER REQUEST FOR TEMPORARY CIVIC AND PHILANTHROPIC USE. REQUESTED BY THE VICA CLUB OF R. L. TURNER HIGH SCHOOL. Mayor Grimmer gave the following information from a memo to the City Council from the Administration: The VICA Club (Vocational Drafting Class at R. L. Turner High School) wishes to have a temporary car wash at the Mobil Station at Valley View Lane and Josey Lane. The purpose of the car wash is to raise money for traveling expenses to Austin for State competi- tion. They would like to operate the car wash on Saturday, September 17, 1977 from 9:30 a. m. until 7:00 p.m. . Section 8-102 of the City's zoning ordinance allows such temporary uses by Resolution of the City Council. After some consideration, a motion by Councilman Dodd, a second by Council- man Binford, all voting "aye", approved the request of the VICA Club by I adopting Resolution No. 77-030. AGENDA ITEM NO. 10. -CONSIDER ORDINANCE NO. 1155 AMENDING ORDINANCE NO. 1151 ESTABLISHING REPORTING REQUIREMENTS. Mayor Grimmer gave the following information from a memo to the City Council from the Administration: Ordinance No. 1155 has been prepared amending Ordinance No. 1151 (1151 places requirements on Speciality and Novelty Shops). Ordinance No. 1155 requires owners, operators, or managers of retail and novelty shops to submit a sworn statement reflecting total sales, and total sales of speciality and novelty items, when requested by the building inspector. After some discussion, a motion by Councilman Binford, a second by Councilman Dodd, all voting "aye", adopted the following captioned Ordi- nance No. 1155: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1151, PASSED ON AUGUST 22, 1977, THAT PROVIDES FOR. THE PROHIBITION OF THE OPERATION OF RETAIL STORES CONSISTING PRIMARILY OF SPECIALTY AND NOVELTY ITEMS WITHIN 1000 FEET OF A CHURCH, PUBLIC OR PRIVATE SCHOOL OR RESIDENTIAL DISTRICT BY PROVIDING REPORTING REQUIREMENTS ON A MONTHLY BASIS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OR FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) AND DECLARING AN EMERGENCY. Vol. 28, Page 30. AGENDA ITEM NO. 11. -CONSIDER REQUEST FOR APPROVAL OF A REPLAT OF THE PROPERTY LOCATED AT 4721 SIMONTON. REQUESTED BY WHITE SWAN. Mayor Grimmer gave the following information from a memo to the City Council from the Administration: White Swan has submitted a replat of their property located at 4721 Simonton. The replat shows the realignment of a storm sewer easement on the property. This realignment is necessary for the construction of an addition to their existing building. The plat does conform to the subdivision requirements. Mr. Mark Reynolds, Assistant to the President of the Waples Platter, and Mr. George Ferguson, Vice President and General Manager of the North Texas Division of White Swan, were present in behalf of the request. Mr. Reynolds presented a request to reroute a storm sewer easement that now exists in order to expand the freezer area of the White Swan warehouse facility at 4721 Simonton. Mr. Reynolds stated that a letter of agreement had been presented to the City to provide for an additional 15' storm sewer easement to be located on the south portion of said property and on the west property line and to provide for a 20' easement on the north side of the property. The Planning and Zoning Commission recommended that the replat be approved. After some discussion, a motion by Councilman Johnson, a second by Council- man Quevreaux, all voting "aye", approved the replat of White Swan as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. 12. -CONSIDER REQUEST FOR FINAL PLAT APPROVAL FOR. THE PROPERTY LOCATED AT 14320 JOSEY LANE. REQUESTED BY SONIC DRIVE-IN. Mayor Grimmer gave the following information from a memo to the City Council from the Administration: Sonic Drive-Inn Restaurants has submitted a final plat of the property at 14320 Josey Lane. The plat does meet requirements of the City's subdivision ordinance. The Planning and Zoning Commission recommended the final plat be approved. Mr. Bod Dawson, part-owner and operator of the Sonic Drive-In, was present making the request for final plat approval from the Council. Mr. Dawson stated that the Sonic Drive-In is geared to family type business with the hours of operation proposed to be from 11:00 a. m. to 11:00 p.m. on weekdays, and from 11:00 a. m. to 12:00 p.m. on the weekend. Mr. Dawson stated that the operation is to be supervised at all times and would not allow lottering on the premises. Vol. 28, page 31. After some consideration, Councilman Matthews made a motion to approved the final plat of Sonic Drive-In, as recommended by the Planning and Zoning Commission. Councilman Dodd seconded the motion. The motion carried 4 to 1 with Councilmen Matthews, Dodd, Johnson and Quevreaux voting "aye", and with Councilman Binford voting "nay". AGENDA ITEM NO. 13. -CONSIDER AUTHORIZING THE CITY MANAGER TO SIGN A DEVELOPER'S CONTRACT BETWEEN SONIC-DRIVE -IN AND THE CITY OF FARMERS BRANCH, AND ACCEPTING A HOLD HARMLESS AGREEMENT. After reviewing the contract that provides for the installation of the required public improvements for Sonic Drive-In addition, a motion by Councilman Johnson, a second by Councilman Binford, all voting "aye", authorized the City Manager to sign a Developer's Contract between Sonic Drive-In and the City of Farmers Branch, and accepted a hold harmless agreement. AGENDA ITEM NO. 14. -CONSIDER. REQUEST FOR FINAL PLAT APPROVAL OF THE PROPERTY LOCATED AT INWOOD ROAD AND DALLAS NORTH PARKWAY, REQUESTED BY WADSWORTH PROPERTIES. Mayor Grimmer gave the following information from a memo to the City Council from the Administration: Inwood Parkway Office Park is located along the east side of Inwood Road, between Dallas North Parkway and Alpha Road. The addition consists of five 80' deep lots designed for small office buildings. The property is within a light industrial zoning district. The final plat does conform to subdivision ordinance requirements. The Planning and Zoning Commission recommends that the final plat be approved. Mr. Bob Wadsworth and Mr. Maply of Wadsworth Properties were present making the request for final plat approval by the Council. Mr. Wadsworth explained that they plan to construct 5 one-story office buildings with entrances to the buildings off Inwood Road. Mr. Wadsworth stated the buildings are to have the same appearance on the sides which face Dallas Parkway and Inwood Road. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye", approved the final plat of the Inwood Parkway Office Park, as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. 15. -CONSIDER AUTHORIZING THE CITY MANAGER. TO _SIGN A DEVELOPER'S CONTRACT BETWEEN INWOOD PARKWAY OFFICE PARK ADDITION AND THE CITY OF FARMERS BRANCH, AND ACCEPTING A HOLD HARMLESS AGREEMENT. After reviewing the contract that provides for the installation of the required improvements for Inwood Parkway Office Park Addition, a motion by Council- Vol. 28, Page 32. man Dodd, a second by Councilman Quevreaux, authorized the City Manager to sign a Developer's contract between Inwood Parkway Office Park Addition and the City of Farmers Branch. Councilman Matthews asked to amend the motion to include accepting the hold harmless agreement. Councilman Quevreaux and Councilman Dodd accepted the amendment. All voted "aye" for the motion and the amendment. AGENDA ITEM NO. 16. -CONSIDER. AUTHORIZING EMERGENCY MATERIALS AND INSTALLATION FOR. SEWER REPAIR. ON TRUNK MAIN ON FARMERS BRANCH CREEK AT DENTON DRIVE. Mayor Grimmer gave the following information from a memo to the City Council from the Administration: Erosion has exposed an existing sanitary sewer trunk main in Farmers Branch Creek. Further erosion or col- lapse of the weakened embankment around the main could cause the main to rupture. A rupture would cause serious pollution below this point in Farmers Branch Creek. Emergency repairs are necessary to avoid the rupture of the main. A supplier of piling, International Paper Company and a pile driving contractor, Watson-Leston Pile Driving Company have been contacted. The cost for piling material and installation will be approximately $4, 200. 00. After some discussion, a motion by Councilman Dodd, a second by Council- man Matthews, all voting "aye", adopted Resolution No. 77-029 that authorizes the materials and installation for the sewer trunk main repair in Farmers Branch Creek. AGENDA ITEM NO. 17. -CONSIDER AUTHORIZING THE CITY MANAGER TO ENTER. INTO A CONTRACT BETWEEN THE CITY OF FARMERS BRANCH AND COMPUTER. LANGUAGE RESEARCH, INC. Mayor Grimmer gave the following information from a memo to the City Council from the Administration; Mr. Winn, of Computer Language, Inc. has requested the City of Farmers Branch to prepare a developer's contract that would allow him to build a parking lot on the tract of land located at the southeast corner of Midway Road and Spring Valley Road. The contract states that the developer will be responsible for 90% of the paving costs of Midway Road for an amount of $61, 582. 50. This contract states that the City will grant the developer a permit to construct a parking lot on this property at the time the developer has signed this developer's contract, and agrees to prepare preliminary and final plats in accordance with the city's existing subdivision ordinance. After reviewing the proposed contract with the provisions mentioned above, a motion by Councilman Quevreaux, a second by Councilman Matthews, all voting "aye", authorized the city manager to sign a developer's contract between Computer Language Research, Inc. and the City of Farmers Branch and accepted the hold harmless agreement. Vol. 28, Page 33. AGENDA ITEM NO. 18. -CONSIDER. AUTHORIZING THE CITY MANAGER TO ENTER. INTO A CONTRACT WITH MOBIL RESEARCH AND DEVELOPMENT CORPORATION FOR THE RIGHT-OF-WAY OF ALPHA ROAD. Mayor Grimmer gave the following information from a memo to the City Council from the Administration: Mobil Research and Development Corpor- ation has agreed to sell to the City of Farme rs Branch 2, 349 acres of land, to be used for a required right-of-way of the extension of Alpha Road. A total sale price as agreed by Mobil will be $10. 00. This contract states that the City of Farmers Branch will not assess Mobil Research and Development Corporation for the construction of paving, drainage, or any other improvements for Alpha Road that will be constructed within the area covered by the agreement. After reviewing the contract, a motion by Councilman Binford, a second by Councilman Johnson, all voting "ay6% authorized the City Manger to- enter into a contract with Mobil Research and Development Corporation for the right-of-way of Alpha Road. AGENDA ITEM NO. 19. -CONSIDER REQUEST FOR VARIANCES FROM THE SUBDIVISION ORDINANCE. Mr. J. J. Hawn of Brookhaven Development Company and Mr. Dave Pierson, a consulting engineer, were present presenting a request for variances from the subdivision ordinance. Mr. Hawn requested Council's approval to reduce an extension of Golfing Green Drive south across Farmers Branch Creek into his proposed deve- lopment. The request is for the extension of the existing 37' street to be extended across the creek with a 27' street. Mr. Hawn stated that the narrower s treet would discourage thru traffic and speeding through the proposed residential area. He stated that he believed a 37' street through this area would encourage traffic to get to Valley View and would diminish the value of the lots along the street of Golfing Green and furthering diminish the value of the existing homes on Golfing Green. Mr. Hawn requested this variance be approved as being in the best interest of this particular subdivision and the existing home owners along Golfing Green and the City of Farmers Branch. Mr. Hawn read portions of the subdivision ordinance in support of his request. Mr. Hawn stated that houses would sell in the price rance of $85, 000 to $220,000 or more. The Council held a discussion with Mr. Hawn concerning possible street routes through the proposed subdivision from Brookhaven Club Drive to Valley View Lane; and the location of the street proposed to intersect Valley View Lane which is closely located to the intersecting street of Mitchwin onto Valley View Lane. Vol. 28, Page 34. Mr. Hawn's second request was to be relieved of the assessment cost of Valley View Lane if and when widened. Mr. Hawn stated that Brookhaven Development Company had not ever paid for street improvements on streets where the lots back up to an existing arterial street. He stated they would donate the right-of-way and pay for the full width of the street upon which the lot faces. He stated they believed that the widening of Valley View would not enhance the value of their property. He stated they would not be able to get as much for the lots that back"up to Valley View., as they will for the interior lots. A discussion was held concerning the question of whether the proposed development would be enhanced or not. Mr. John Wall, 3481 Golfing Green, stated that he believed it was the responsibility of the city to improve Valley View and Marsh Lane. Mrs. Peggy Bradford, 3511 Golfing Green, requested the consideration of narrowing or widening the extension of Golfing Green be delayed until at a time when all the property owners on Golfing Green were notified that this is to be considered by the Council. After some discussion, Councilman Dodd made a motion to table this item until the next meeting in order that a Public Hearing, notifying all the property owners along Golfing Green and Mitchwin areas, can be held to consider the extension of Golfing Green. Councilman Johnson seconded the motion. The motion failed 3 to 2 with Councilmen Matthews, Quevreaux and Binford voting "nay" and Councilmen Dodd and Johnson voting "aye After some discussion of Mr. Hawn agreeing to have a mb:eting with the property owners and discuss the proposed development, Councilman Dodd made a motion to table this item until the next meeting. Councilman Matthews seconded the motion. The motion carried 4 to 1 with Councilmen Dodd, Matthews, Binford and Quevreaux voting "aye" and Councilman Johnson voting "nay". AGENDA ITEM NO. 20. -DISCUSS ZONING ORDINANCE AND SIGN ORDINANCE. Mayor Grimmer announced that Mr. Delaporte had notified the city that he would be unable to attend the Council meeting to discuss various aspects of the Zoning Ordinance and the Sign Ordinance as he had requested, due to medical reasons. Councilman Binford made a motion that the Zoning Ordinance or the Sign Ordinance not be amended. Councilman Dodd seconded the motion. After discussion of not knowing the particulars of Mr. Delaporte's request, Councilman Dodd withdrew his second and Councilman Binford withdrew the .motion. Vol. 28, Page 35. Councilman Quevreaux made a motion to remove this item No. 20 from the agenda. Councilman Johnson seconded the motion. The motion carried 3 to 2 with Councilmen Quevreaux, Johnson, and Matthews voting "aye", and Councilmen Dodd and Binford voting "nay". AGENDA ITEM NO. 21-DISCUSS ORDINANCE NO. 777, SECTION 2 RELATING TO THE CONTROL OF PIGEONS. Mr. Dave Owens, 2609 Squire Place, requested that this item be placed on the agenda. Councilman Dodd made a motion to table this item being it is under litigation. Councilman Quevreaux seconded the motion and all voted "aye". AGENDA ITEM NO. 22. -DISCUSS CONSTRUCTION OF AWNING AT 12715 DENTON DRIVE. Mr. Mike Burkhart, owner of Auxillary Gas Tanks and Mr. Skip Peel of Custom Built Awning Company were present requesting the Council to reconsider the condition that was placed on their site plan of constructing encased 3' x 3' posts of exposed concrete that supports the awning. Mr. Peel displayed pictures showing the metal posts that have been con- structed, Mr. Burkhart commented that the posts that have been con- structed match the posts that trim the building. Mr. Peel requested that the constructed poles be approved by the Council. After some discussion, Councilman Binford made a motion to approve the posts that have been constructed. Councilman Dodd seconded the motion. The motion carried 4 to 1 with Councilmen Binford, Dodd, Johnson and Matthews voting "aye", and Councilman Quevreaux voting "nay". AGENDA ITEM NO. 23. -PUBLIC HEARING: ANNUAL BUDGET 1977-1978 FISCAL YEAR FOR THE CITY OF FARMERS BRANCH AND THE EXPENDI- TURE OF REVENUE SHARING FUNDS. Mayor Grimmer opened the public hearing. Mayor Grimmer asked if there was anyone in the audience wishing to speak on this consideration. The following spoke. Mrs. Carol Dingman, 3605 Tanglewood Circle, inquired as to what was the proposed budget. City Manager Paul West explained that a budget proposed by the Administration is the one that is on file and is referred to as Draft No. 1. There have been 5 other drafts prepared that are modified from the one filed. Mrs. Dingman stated she opposed the budget of the Adminiristration, Draft No. 1. , because of the increased sewer charges, but would endorse Councilman Quevreaux's desire to lower the tax rate. Vol. 28, Page 36. Mayor Grimmer stated that legally the sewer charge has to be passed on an equal and equitable basis. He told of possibilities that have been dis- cussed by the Council to relieve the home owner of a little of the expense that has to be passed on because of the charges by T. R. A. One possibility is of eliminating the sanitation fee from the residents bill and paying for this service from the General Fund. Mrs. Dingman stated she would be in favor of keeping the fees as they are and have a reduction in the tax rate as was discussed in the Budget study session. Councilman Johnson supported Budget Proposal Draft No. 6 with some modifications. Those being the following: 1. Sewage Charge of $5. 85 be levied to each resident and each apartment unit based on 90% occupancy. 2. 99% instead of 98% be anticipated in collectable ad valorem taxes. 3. Reduce General Govenment Account No. 01 by $20, 000. 00. Councilman Johnson pointed out and giving total of items on the Statement of Revenues and Statement of Expenditures that were changed in Draft No. 6 because of the 3 modifications listed above. Councilman Quevreaux supported the $18, 764 T. M. R . S. Employees Buy Back item since it had been suggested to reduce Account 01 in the amount of $20, 000. 00, and supported a tax rate reduction. Councilman Dodd supported a 2~ tax rate reduction and was in favor of requiring the sewer charge on the basis of the more water used the more you have to pay for sewage usage. Councilman Dodd was also in favor of maintaining the $3. 50 sanitation fee and the apartment and commercial fee proposal as recommended in the original budget proposal. Councilman Matthews is opposed to a 50% increase in commercial garbage pick up and not in favor of a tax rate reduction at this time. There being no one else wishing to speak, a motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", closed the public hearing. AGENDA ITEM NO. 24. -CONSIDER. ORDINANCE NO. 1153 ADOPTING THE 1977-1978 BUDGET FOR. THE CITY OF FARMERS BRANCH. Councilman Johnson made a motion to adopt a budget that corresponds to the original budget as proposed by the city staff as amended in accordance of Draft No. 6, with the following additional amendments: that ad valorem taxes be anticipated at 99% collection rather than 98% which provides an additional $41, 938 of anticipated revenue for total budget to be $8,111, 419; and, that Vol. 28, Page 37. the expenditures be amended according to Draft No. 6 with the exception of reducing $20, 000. 00 from Account No. 01 making that account a total of $47, 000. 00. The additional revenue of $14, 938. 00 and $20, 000. 00 is to be added to the emergency reserve fund from an amount of $329, 570. 00 to a total of $391, 508. 00. The Utility Fund Budget is in the amount of $2, 985, 684. 00. Councilman Quevreaux asked to amend the motion to include - in the budget the expenditure of the T. M. R. S. Employees Buy Back item. Councilman Johnson did not accept the amendment to his motion. Councilman Matthews seconded the motion. Councilman Matthews asked to amend the motion that there be no 50% increase in the budget for commercial sanitation rates. Councilman Johnson did not accept the amendment to his motion. The motion failed 4 to 1 with Councilmen Dodd, Binford, Quevreaux and Matthews voting "nay" and Councilman Johnson voting "aye". Councilman Matthews made the same motion with the exception of changing the total of $283, 125 by 1/3 for commercial pick up service and that sum be removed from the emergency reserve. Councilman Binford seconded the motion. Councilman Quevreaux made a motion to amend the motion to include in the budget the expenditure of $18, 764. 00 for the T. M. R. S Employees Buy Back. Councilman Matthews seconded the motion to amend the motion. The vote on the motion of amendment passed 3 to 2 with Councilmen Quevreaux, Matthews and Binford voting "aye", atrl Councilmen Johnson and Dodd voting "nay". The vote on the original motion: The motion failed 3 to 2 with Councilmen Matthews and Binford voting "aye", and Councilman Dodd, Quevreaux and- Johnson voting "nay". Councilman Quevreaux spoke supporting a 5~ tax rate reduction. Councilman Dodd spoke supporting a 2~ tax rate reduction. Councilman Johnson made a motion incorporating the items of his original motion with the inclusion of a 25% increase in the commercial sanitation fees. Councilman Matthews seconded the motion. Councilman Quevreaux made a motion to amend the motion to include the $18, 764. 00 T. M. R. S. Employees Buy Back. Councilman Dodd seconded the motion to amend the motion. The vote on the motion to amend: The motion carried 3 to 2 with Councilmen Quevreaux and Binford voting "aye", and Councilmen Johnson and Matthews voting "nay", and with Councilman Dodd abstaining. Councilman Johnson made a motion amending the motion of amendment of which to defer the decision for a minimum of one fiscal year, the funding of the T. M. R. S. Employees Buy Back. Councilman Dodd seconded the motion. The motion of amendment carried 3 to 2 with Councilmen Dodd, Johnson and Matthews voting "aye", and Councilmen Binford and Quevreaux voting "nay". Vol. 28, Page 38. The motion of Councilman Johnson of adopting Budget Draft No. 6 with modifications carried 3 to 2 with Councilmen Matthews, Binford and Johnson voting "a,ye" and Councilmen Quevreaux and Dodd voting "nay". By adopting the Budget Draft No. 6 with the modifications, the Council adopted the following captioned Ordinance No. 1153: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FUNDS FOR. THE FISCAL YEAR. BEGINNING OCTOBER. 1, 1977 , AND ENDING SEPTEMBER. 30, 1978, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIA- TING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER. REVENUES OF THE CITY OF FARMERS BRANCH FOR SAID FISCAL YEAR. FOR. THE MAINTENANCE AND OPERATION OF VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY; AND DECLARING AN EMERGENCY. i AGENDA ITEM NO. 25. -CONSIDER ORDINANCE NO. 1154 SETTING TAX RATE FOR. THE CITY 1977-1978 FISCAL YEAR.. Councilman Quevreaux made a motion to adopt Ordinance No. 1154 setting the tax rate at $1. 20 per $100. 00 of assessed value. Councilman Dodd seconded the motion. The motion failed 3 to 2. The vote was Councilmen Johnson, Binford and Matthews voting "nay", and Council- men Quevreaux and Dodd voting "aye". Councilman Dodd made a motion to adopt Ordinance No. 1154 setting the tax rate at $1. 23 per $100. 00 of assessed value. Councilman Quevreaux seconded the motion. The motion failed 3 to 2. The vote was Councilmen Johnson, Binford, and Matthews voting "nay", and Councilmen Quevreaux and Dodd voting "aye". Councilman Binford made a motion to adopt Ordinance No. 1154 that the tax rate to be levied for the year 1977 on all taxable property, real, personal or mixed, located within the City of Farmers Branch, be, and is hereby fixed, at $1. 25 per $100. 00. Councilman Johnson seconded the motion. The motion carried 3 to 2 with Councilmen Binford, Johnson and Matthews voting "aye", and Councilmen Quevreaux andDodd voting "nay". AGENDA ITEM NO. 26. - CONSIDER. AMENDING SANITATION CONTAINER CHARGES. Ordinance No. 1157 presented to the Council for consideration deletes the residential garbage fee, increases container fees and establishes charges for landfill fees. City Manager Paul West stated that the amount in the ordinance pertaining to once a ,reek pick up fees was in error. He requested that the Council adopt the ordinance omittting the once a week pick up service and stated that an amended ordinance establishing once a week fees would be brought to the Council at the next meeting. Vol. 28, Page 39. Councilman Johnson made a motion to adopt the following captioned Ordi- nance No. 1157 with the deletion of the once a week sanitation pick up service fee, and that the ordinance reflects a 25% increase in the commercial sanitation fees. Councilman Matthews seconded the motion. The motion carried with all voting "aye AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 14-23 AND 14-38 OF THE CODE OF ORDI- NANCES OF THE CITY OF FARMERS BRANCH, TEXAS; PRO- VIDING MONTHLY RATES FOR. THREE (3), FOUR. (4), SIX (6), AND EIGHT (8) CUBIC YARD CONTAINERS; DELETE SECTION 14-37; REGULATION AND ESTABLISHING CHARGES OF DUMPING GROUNDS; PROVIDING FOR. A PENALTY NOT TO EXCEED TWO HUNDRED ($200. 00) DOLLARS; AND PRO- VIDING FOR AN EFFECTIVE DATE. AGENDA ITEM NO. 27. -CONSIDER ORDINANCE AMENDING SANITARY SEWER. CHARGES. City Manager Paul West stated that Ordinance No. 1158 presented to the Council for consideration maintains the present water rates; sets $5. 85 sewer charges, sets $5. 85 on apartment units based on 90% occupance; and with the balance of the ordinance complying with the budget adopted. Councilman Johnson made a motion to adopt the following captioned Ordi- nance No. 1158 that incorporates the following particulars: Residential Sewer Charge be $5. 85; and Apartment Sewer Charge be $5. 85 per unit based on 90% occupancy. Councilman Quevreaux asked to amend the motion to .ir~(:xease the reconnect fee, after water has been turned off because of non-payment, from $2. 50 to $12. 00. Councilman Johnson accepted the amendment. The motion carried 3 to 2 with Councilmen Johnson, Quevreaux, and Matthews voting "aye", and Councilmen Dodd and Binford voting "nay". AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 1 OF ORDINANCE NO. 1130, SETTING FORTH THE MONTHLY RATES OR. CHARGES BY THE WATER WORKS SYSTEM OF THE CITY FOR. VARIOUS TYPES OF RESIDENTIAL DWELLINGS, BUSINESSES OR. COMMERCIAL ESTABLISHMENTS, OR COMBINATION THEREOF WHEN SUCH COMBINED UNITS ARE TO BE CHARGED SEPARATELY FOR SERVICE; AMENDING SECTION 2 OF ORDINANCE NO. 1130, THE MONTHLY RATES OR CHARGES FOR SERVICES FURNISHED BY THE SANITARY SEWER SYSTEM FOR EACH BUSINESS, COMMERCIAL AND INDUSTRIAL ESTABLISHMENT SHALL BE BASED ON THE GALLONS OF WATER USED AND WITH AN ADDITIONAL CHARGE FOR. EACH 1,000 GALLONS USED; AMENDING SEC'T'ION 3 OF ORDINANCE NO. 1130, PROVIDING Vol 28, Page 40. DISCOUNTS FOR SINGLE BILLINGS; AMENDING SECTIONS 5 & 6 OF ORDINANCE NO. 765, SETTING FEES FOR FAILURE TO PAY MONTHLY CHARGES; AND PROVIDING THAT ALL OTHER. PORTIONS OF ORDINANCE NO. 1130 & 765 SHALL REMAIN IN FULL FORCE AND EFFECT. AGENDA ITEM NO. 28. -CONSIDER. ORDINANCE AMENDING THE UTILITY TAPPING FEES. Ordinance No. 1156 presented to the Council for consideration proposes to increase the tapping fees for 3/4", 1" and 1-1/2" taps. These charges have not been increased since 1971. A comparison of the present fees, actual cost and proposed fees are as follows: SIZE Present Fee Actural Cost Proposed Fee T/-4- $120.00 $238.52 $250.00 1" 200.00 295.80 325.00 r-1 /2" 310.00 500.87 550.00 After some consideration, a motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "a,ye", adopted the following captioned Ordinance No. 1156: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 876, SECTIONS 1, 2, AND 3 BY RESETTING TAPPING FEES; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 29. -CONSIDER. ORDINANCE AMENDING THE INSPECTION FEES. After some consideration, a motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye", adopted the following captioned Ordinance No. 1160: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ESTABLISHING MINIMUM FEES TO BE COLLECTED UPON APPLICATION FOR. A HEARING ON REQUEST FOR ZONING CHANGE, SPECIFIC USE PERMIT, ZONING ADJUSTMENT, BUILDING CODE VARIANCE, AMENDING SECTIONS 3-55, 3-65, 15-58 PARAGRAPH (E) (1) 4-29, AND SECTION 11-95 OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, AMENDING ORDINANCE NO. 1005 OF THE CITY OF FARMERS BRANCH BY ADDING SECTION 30 AMENDING THE BUILDING CODE AT SECTION 303 (A) AMENDING ORDINANCE NO. 1082 OF THE CITY OF FARMERS BRANCH, SECTION 5, AMENDING SECTION 35-36, SUBSECTION (A) OF THE PLUMBING CODE OF THE CITY OF FARMERS BRANCH, ESTABLISHING MINIMUM FEES TO BE COLLECTED UPON APPLICATION FOR. A TEMPORARY CONSTRUCTION METER, TEMPORARY GAS RELEASE, COMMERCIAL CERTIFICATE OF OCCUPANCY AND UPON APPLICATION OR REQUEST FOR A LETTER CERTIFYING A RESIDENCE TO BE IN COMPLIANCE WITH THE CODE OF ORDINANCES, AND DECLARING AN EMERGENCY. Vol. 28, Page 41. AGENDA ITEM NO. 29. a. - CONSIDER. ORDINANCE INCREASING THE TEXAS POWER. & LIGHT AND LONE STAR. GAS COMPANY FRANCHISE TO 4%. Councilman Quevreaux requested that this item be placed on the agenda. Councilman Quevreaux was concerned whether or not a 4% Franchise fee can be levied on pass through or fuel adjustment clauses. After a long period of discussion, City Attorney Ray Hutchison stated he would have more information on this available at the next meeting. AGENDA ITEM NO. 30. -DISCUSS MEETING DATES FOR. OCTOBER.. After some consideration, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", set the date of October 3, 1977 to be the only Council meeting date for the month of October because the Texas Municipal League Conference falls on the second regularly scheduled meeting of the month; but if necessary the Mayor will call a meeting the latter part of the month. AGENDA ITEM NO. 31. CONSIDER AWARDING BID FOR. THE RER.OOFITG OF CITY HALL, PORTION OF THE RECREATION CENTER. BUILDING AND THE POLICE BUILDING. After reviewing of only bid received, a motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", awarded the contract to Weather- ford Roofing Company for the reroofing of the City Hall in the amount of $14, 835. 00 and the Recreation Center in the amount of $6, 803. 00; and that - the bid for the Police Building be rejected. AGENDA ITEM NO. 32. -CONSIDER. AUTHORIZING THE ADVERTISEMENT FOR. BIDS FOR. ITEMS INCLUDED IN THE 1977-1978 BUDGET. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", authorized the advertisement for bids for the following: 3/4 Ton Pickup, Backhoe/Loader, Mowing Tractor, 3/4 Ton Pickup, Lighting Equipment for Soccer Fields, Fencing & Lighting Materials for Tennis Courts, Water Main Replacement Materials, Slipform Concrete Paver, Hot Mix Asphaltic Concrete, 3, 000 P. S. I. Concrete, 6 & 8 Ya. commercial Containers, Tilt Fra m Truck, Residential Sanitation Truck, Commercial Sanitation Truck, Commercial Compactor Body, Front End Loader, One Ton Truck, and Fuel Tanks for Service Center. 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 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, land acquisition, and pending and contemplated litigation .may be discussed in closed session. Vol. 28, Page 42. AGENDA ITEM NO. 33. - EXECUTIVE SESSION. a. Discuss Personnel Matters Appointments to the Parks and. Recreation Board and the Planning and Zoning Commission and the Library Board were discussed. b. Pending and Contemplated Litigation City Attorney Ray Hutchison gave a status report in regards to the letter sent to the Flood Control District Board requesting certain information. c. Land Acquisition. City Manager Paul West gave a status report on the possible future landfill facility. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. 34. -ACTION ON PERSONNEL MATTERS DISCUSSED IN EXECUTIVE SESSION. A motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", appointed Bill Benedict to serve a term expiring May 5, 1980 on the Planning and Zoning Commission. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", appointed Tom Rowell to serve a term expiring May 3, 1978 on the Library Board. AGENDA ITEM NO. 35 & 36. - There was no action needed by the Council on land acquisition and litigation discussed in Executive Session. AGENDA ITEM NO. 37. - ADJOURNMENT. A motion by Councilman Binford, a second by Councilman Johnson, all voting "aye", adjourned the City Council meeting of September 12, 1977. at 12:15 a.m.. Mayor ` z;' City Setar,y l_J Vol. 28, Page 43.