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1974-08-05 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING AUGUST 5, 1974 Members of the City Council present were: Mayor Pro Tem Councilmen: W. R. Linn Ray Flaherty Bill McClung Ken Quevreaux Bill Binford Member of the City Council absent was: Mayor George G. Grimmer The Council recognized and excused the absence of Mayor Grimmer. The absence was due to Mayor Grimmer being out of town on business. Members of the City Administration present were: City Manager City Attorney City Secretary Director of Staff Secretary Paul M. West Doug McCallon J. W. Wade Services Glenn Moore Ruth Ann Parish Mayor Pro Tem Linn called the City Council meeting of August 5, 1974 to order at 7:30 P.M.. AGENDA ITEM NO. 1. - INVOCATION Councilman Flaherty gave the invocation. EMERGENCY ITEM DECLARED. After some discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", declared an emergency and placed on the Agenda - Item No. 5.a. - Consider the adoption of a Resolution Authorizing a Temporary Batching Plant for the Valley View Lane Project. Requested by Bi Co Pavers Incorporated. AGENDA ITEM NO. 2. - APPROVAL OF MINUTES - JULY 29, 1974. After some consideration, a motion by Councilman Flaherty, a second by Councilman Quevreaux, all voting "aye", approved the minutes as submitted of the City Council meeting of July 29, 1974. AGENDA ITEM NO. 3. - DISCUSS DRAINAGE EASEMENT ON COOKS CREEK BETWEEN TYKE ROAD AND HOLLANDALE LANE. Mayor Pro-Tem Linn stated that this item for discussion is the result of a petition submitted to the City Council by the residents along Cooks Creek, south of Fyke Road. Mayor Pro-Tem Linn gave the following information concerning the past history on Heritage Park No. 4: Page 910. Heritage Park No. 4 was planned so that the drainage would be handled within the existing flood plain. All records indicate no other plan was considered. This plan was approved by the City as being adequate. Since 1969 there has been dissatisfaction ex- pressed by the property owners. The existing situation poses many problems for the property owners from the standpoint of, maintenance and the cost of erosion control. In the past, attempts were made to acquire thq drainage easement for park purposes so that the City might try to alleviate the problem, at the same time provide facilities for the use of the public. A portion of the easement has been released by the Citj. The following discussed their individual problems of their property which is along Cooks Creek. 1. Frank F. Klepac, 2718 Mark Twain 2. Paul E. Aubrey, 14424 Shoredale 3. Earl H. Stutzman, 14410 Shoredale 4. Jimmy Rogers, 14444 Shoredale 5. Richard D. Bowser, 2795 Hollandale 6. Eldon Frost, 14420 Shoredale 7. Mrs. Eldon Frost, 14420 Shoredale 8. Walter Martin, 14434 Shoredale 9. Wayne Bullock, 14430 Shoredale 10. Jeff Kunkel, 14440 Shoredale 11. Ms. Jeff Kunkel, 14440 Shoredale 12. Martin Carver, 14414 Shoredale 13. Aubrey R. Knight, 2730 Mark Vain The property owners requested that the creek be cleared of trees, bushes and other debris in hopes that this will help the drainage flow. They also spoke of desiring the City to straighten the creek and install a concrete lined channel. Their main desire was to get the channel straightened. There was discussion of the following topics; 1. Proposed plans for improvements on the creek south of Hollandale; 2. Storm sewer lines emptying into the creek; ` 3. Costs for various ways of improving the conditions; 4. Dangerous conditions for children playing in the channel; 5. Building structures, such as bridges, in the flood plain, area that impedes the flow of water; 6. Complaints of Carrollton drainage into the creek and Carrollton discharging sewage into the creek twice in 1973; 7. Difficulty of maintaining the property; 8. Erosion of land at certain points. LJ The Council requested the City Administration to do whatever necessary to alleviate some of the problems by clearing out debris, excavating critical points; checking into present storm sewers leading to the creek; and, further study this condition and report back to the Council. Page 911. AGENDA ITEM 110. 4. - CONSIDER ORDINANCE N0. 1004 ESTABLISHING PRO- CEDURES FOR THE ABATEMENT OF DANGEROUS BUILDINGS. City Manager Paul West stated that the consideration of Ordinance No. 1004 is an item continued from the July 29, 1974 Council meeting. Proposed Ordinance No. 1004 defines a dangerous building and establishes a definite procedure for abatement. Ordinance No. 1004 includes revisions as suggested at the Council meeting of July 29, 1974. There was discussion of providing for terms of office for the members of the Dangerous Building Board of Appeals. In setting up the Board, Place 1, 3, 5, be appointed for 1 year, Place 2 and 4 be appointed for two years, and thereafter the Places to be appointed for 2 year terms. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", adopted the following cap- tioned Ordinance No. 1004 with the provisions for the term of office of the Board members as discussed: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS DEFINING DANGEROUS BUILDINGS, ESTABLISHING PROCEEDINGS FOR THE ABATEMENT OF DANGEROUS BUILDING; REQUIRING NOTICE OF OWNER OF DANGEROUS BUILDINGS; ALLOWING APPEALS TO BE HEARD BY THE DANGEROUS BUILDING BOARD OF APPEALS; ESTABLISHING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 5. - CONSIDER ORDINANCE NO. 1017 AMENDING ORDINANCE NO. 962 REQUIREMENT OF THE MAINTENANCE OF FENCES. City Manager Paul West stated that Ordinance No. 962 adopted by the Council on August 6, 1973, requires that fences, sheds and similar structures be maintained. Proposed Ordinance No. 1017 amends Ordinance No. 962, to provide an appeal procedure for owners and occupants. The proposed Ordinance allows appeals to the Dangerous Building Board of Appeals. The Dangerous Building Board of Appeals decisions may be appealed to the Council for a final determination. After some discussion, a motion by Councilman Flaherty, a second by Councilman McClung, all voting "aye", adopted the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NUMBER 962, PROVIDING FOR APPEALS FROM ORDERS OF THE BUILDING OFFICIAL, OR THE REQUIRE- MENTS OF ORDINANCE 962, TO BE HEARD BY THE DANGEROUS BUILDING CODE BOARD OF APPEALS, PROVIDING FOR APPEALS FROM DECISIONS OF THE DANGEROUS BUILDING CODE BOARD OF APPEALS TO BE HEARD BY THE CITY COUNCIL, PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); AND DECLARING AN EMERGENCY. Page 912. AGENDA ITEM NO. 5. a. - CONSIDER THE ADOPTION OF A RESOLUTION AUTHORI- ZING A TEMPORARY BATCHING PLANT FOR THE VALLEY VIEW LANE PROJECT. REQUESTED BY BI-CO PAVERS INCORPORATED. City Manager Paul West stated that Resolution No. 74-030 is sub- mitted for consideration for the requested approval of a hatching plant site for Bi-Co Pavers, Inc.. Bi-Co Pavers, Inc. is the contractor doing the paving on Valley View Lane. Mr. West explained that Bi-Co has contacted the Dallas County Junior College about using their land for the batching plant site. This approval would be subject to receiving written confirmation from the Dallas County Junior College. The proposed location is approximately 700' north of Valley View Lane on Marsh Lane. He stated that the trucks would not be allowed to travel on Marsh Lane, therefore would have to make a road from the site to Valley View Lane east of the water tower. The location of the proposed batching plant site was discussed. After some discussion, Councilman Binford made a motion to adopt Resolution No. 74-030 contingent upon receiving written confirmation of approval from the Dallas County Junior College to use the location. Councilman McClung seconded the motion. The motion carried 3 to 1 with Councilmen Binford, McClung, and Flaherty voting "aye", and with Councilman Quevreaux opposed because he believes there is already enough traffic on Marsh Lane and Valley View Lane. AGENDA ITEM NO. 6. - CITY MANAGER REPORTS City Manager Paul West gave a report on the various projects and activities of the various departments of the City. After some discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", accepted the City Manager's report. OTHER DISCUSSIONS Mayor Pro-Tem Linn asked if anyone in the audience wished to address the Council. The following spoke: 1. Jimmy Rogers, 14444 Shoredale, spoke in concern of the accessibility in and out of Midway and Inwood while in construction. 2. Harry Casey of Suburban News thanked the Administration for the stop sign at Welsh and Alpha Roads. 3. Ray Wright, 14608 Cherry Hills Dr., inquired about the status of resurfacing Marsh Lane north of Brookhaven Club Drive. 4. Mrs. Jeff Kunkel, 14440 Shoredale, spoke in concern of children getting hurt on her property on Shoredale at the creek. AGENDA ITEM NO. 7. - ADJOURNMENT. A motion by Councilman Binford, a voting "aye", adjourned the City at 9:50 P.M.. Mayor '7 C, Secretary second by Councilman Quevreaux, all Council meeting of August 5, 1974, Page 913.