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1974-11-04 CC MinutesI'VE Ih51 JUC~ VIE a10 - Iv04, q { )q? q AGENDA ITEM NO. 2. -APPROVAL OF MINUTES - October 21, 1974 After some consideration, a motion by Councilman Binfor , a secon y Councilman Quevreaux, all voting "aye", approved the minutes of the City Council meeting of October 21, 1974 with the following corrections: On Page 962, the second line from the bottom of the page should read, "Vincent Lee Cobb, member of the Junior Chamber of Commerce"; On Page 966, under Agenda Item No. 22, a. the Number 1 topic should read, "Ask the Legislature to allocate an additional 1~ of the 4~ State sales tax to cities, without requiring local option elections in each of the cities"; On Page 968, under the captioned title "Audience Participation", the second sentence in the second paragraph should read: "Mayor Grimmer told Mr. Weaver that the street naming and numbering was done in compliance with Post Office regulations. " AGENDA ITEM NO. 3. - RECOGNIZE GIRL SCOUT TROUP #337 Mayor Grimmer recognized Girl Scout Troup No. 337. 0 AGENDA ITEM NO. 4. -ANNUAL REPORT -PART III. The Annual Report-Part III was unable to be presented because of malfunction of the machine. AGENDA ITEM NO. 4. a. -CONSIDER INVITATION TO CITY COUNCIL TO TAKE PART AS CLOWNS IN THE CIRCUS DAY PROGRAM. Mayor Grimmer stated that the City Council was asked to take part in the Circus Day Program at the Recreation Center in Don Showman Park on Friday, November 8, 1974. AGENDA ITEM NO. 5. -PUBLIC HEARING: TO CONSIDER REQUEST FOR GRANTING A SPECIFIC USE PERMIT FOR OPERATION OF A_PRIVATE CLUB IN A LIGHT INDUSTRIAL ZONING DISTRICT. REQUEST BY AMERICAN VETERAN POST NO. 5 OF THE PROPERTY LOCATED AT 3220 TOWERWOOD DRIVE. Mayor Grimmer opened the public hearing to consider a request for granting a specific use permit for operation of a private club in a Light Industrial Zoning District, requested by the American Veteran Post No. 5 for the property located at 3220 Towerwood Drive. Mayor Grimmer asked if there was anyone present to speak in favor of the request. No one spoke. Mayor Grimmer asked if there was anyone present to speak in opposition of the request. No one spoke. Mr. Mike Carmichael asked if this request for a private club use would apply for this particular location or was the request for the American Veteran Post No. 5 use at this location? The Council answered that the request was for this particular location. There being no further comments, Councilman Quevreaux made a motion to close the public hearing. Councilman McClung seconded the motion and all voted "aye The Planning and Zoning Commission recommended that the request for a Specific Use Permit for operation of a private club not be approved. After a brief discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", denied the request for a Specific Use Permit for operations of a private club in a Light Industrial Zoning District for the property at 3220 Towerwood Drive as recommended by the Planning and Zoning Commission. Page 971. AGENDA ITEM NO. 5. - DISCUSS ORDINANCE REGULATING THE USE OF PINBALL MACHINES. Mayor Grimmer stated that this item was brought over from the last Council meeting. Ordinance No. 1034 had been prepared that would amend Ordinance No. 1033 which eliminates the age requirement but leaving the rest of the ordinance as it is. This ordinance was reviewed the Council. City Attorney Doug McCallon explained that Ordinance No. 1034 deleted the age requirement limitation and excludes vending machines in which are not incorporated gaming, and/or amusement features, coin operated mechanical musical devices or coin operated radios or television sets in private quarters, and such devices used by children for riding in or upon. He also stated the ordinance did not apply if machines were in private homes. After more discussion, a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", adopted the following captioned Ordinance No. 1034: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1033, SO AS TO REGULATE COIN OPERATED AND NON-COIN OPERATED AMUSEMENT DEVICES; DEFINING SUCH DEVICES; REQUIRING A LICENSE AND FEE FOR EACH SUCH DEVICE; PROVIDING FOR CONDITIONS FOR LICENSE; PROVIDING FOR REVOCATION OF LICENSE; PROVIDING FOR AFIXING PERMIT TO EACH DEVICE; PROVIDING FOR SEIZURE OF SUCH DEVICES; PROVIDING THAT ALL SUCH DEVICES SHALL BE KEPT IN PLAIN VIEW; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING FOR A PENALTY CLAUSE; AND PROVIDING AN EMERGENCY CLAUSE. Mr. Mike Carmichael of the Valwood Bowling Lanes made statements concerning the fee charged for each machine. There was Council discussion that the Administration can establish procedures for the licensing of the machines. Mr. MoyceMacAuley of Sherwood Inn presented a petition to the City Council opposing the portion of Ordinance No. 1033 which restricts persons under eighteen years of age from playing pinball machines and other similar devices. AGENDA ITEM NO. 7. -CONSIDER GENERAL DEVELOPMENT PLAN FOR BROOK- HAVEN MEDICAL CENTER. Mr. Jack Bailey with the Brookhaven Medical Center presented a general development plan for the Medical Center. The development plan presented is basically the same as the street plan approved by the City Council in a previous meeting which was for presentation to the Texas Highway Department in an effort to get them to construct additional exit ramp and additional service road on L. B. J. Freeway. Mr. Bailey requested a conditional approval of the development plan in order to continue with their expansion program and to get an indication from the Texas Highway Department to get additional access off L. B. J. Freeway. Page 972. The City Administration recommended that the general plan be conditionally approved. Condition of approval should be that the owner and the city enter into an agreement defining the responsibility and actions of the city and the owner for whatever course of action the State Highway Department might take. This agreement is to set forth the responsibilities and actions required by each party and should be a binding agreement that would run with the land. The agreement should provide for the withholding of permits, certificates of occupancy, and connection to utilities in the event the owner fails to live up to the terms of the agreement. The agree- ment should be prepared and approved by the City Council before authorization is granted to the City Manager for execution of the agreement. After reviewing the plan and the information given, a motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", granted the request for approval of the general development plan conditioned upon an agreement between the developer and the city to be approved by the City Council and conditioned upon the action of the Texas Highway Department. AGENDA ITEM NO. 9. - DISCUSS PURCHASE OF SANITATION TRUCK. City Manager Pau West gave the following information: The City of Farmers Branch placed an order with Metro Ford Truck Sales for two, 1974 trucks, to be used by the Sanitation Division in conjunction with Maxxon Shu-Pak compacting bodies. These were bid items. Due to a mix up at Metro Ford, only one truck was ordered from the factory. This truck was delayed considerably by various factors in delivery. After the receipt of this truck, it was discovered that the second truck had never been ordered. Mr. West stated that the City has several alternative courses of action to take in order to obtain the needed truck. He listed the following: Hold Metro Ford to the original bid contract; Purchase one of three available trucks from Maxxom; Re-advertise for bids, this time specifying a truck with a roll-off body; Purchase trucks from G.M.C., Peterbilt, or Mack Truck,(These are available trucks.); Cancel order with Metro Ford and operate with present equipment; Re-advertise for bids for another truck, as ordered from Metro Ford. Mr. West stated that the Administration recommended that the Council authorize the re-advertisement for bids, this time specifying a truck with a roll-off body. After some discussion, Councilman Flaherty made a motion authorizing the Administraion to readvertise for bids for a truck with a roll-off body. Councilman Linn seconded the motion. The motion failed 3 to 2 with Councilmen McClung, Binford and Quevreaux voting "nay", and Councilmen Flaherty and Linn voting "aye". There was discussion that this might set a precedent,1f Metro Ford was not held to their original bid, with other companies bidding on equipment for the city. Councilman McClung made a motion to hold Metro Ford to the original bid contract. Councilman Quevreaux seconded the motion. The motion failed 3 to 2 with Councilmen Flaherty, Linn and Binford voting "nay", and Councilmen McClung and Quevreaux voting "aye". Page 973. There was discussion on the recommendation of the Administration of re-advertising for a truck with a roll-off body . Mr. West stated that this type of truck would be the first step in the instigation of an additional industrial sanitation service, which would be more versatile, and which would also increase revenue. This truck chasis could be used on either residential or commercial sanitation routes, while it's main function would be commercial sanitation service but could be used as a back-up residential truck. Mr. West stated that, considering the factors of time, economy, maintenance, and versatility, a truck of this nature would be the most advantageous. After more discussion, Councilman Flaherty made a motion to authorize the City Administration to re-advertise for bids for a truck with a roll -off body, as recommended by the City Manager. Councilman Linn seconded the motion. The motion carried 3 to 2, with Councilmen Flaherty, Linn and Binford voting "aye", and with Councilmen McClung and Quevreaux voting "nay". Councilmen McClung and Councilman Quevreaux stated they voted against the motion because they feel this will set a precedent and they feel that Metro Ford should be held to their original bid contract. AGENDA ITEM NO. 10. - CONSIDER ESTABLISHING A POLICY FOR CONTROLLING SPEED IN ALLEYS. City Manager Paul West stated that the city has had requests from property owners for devices to be placed in alleys that would physically control the speed of vehicles. Mr. West explained that in recent years a new method has been developed which does not create quite as much danger of causing an accident or injury., and does not interfere to appreciable extent with the drainage. The placement of ceramic brick in pattern across the alley so that drainage may still take place, causes the fast driver some discomfort. Mr. West stated that the Administration has examined installations of this nature in Dallas and Plano, and it is a solution that will slow traffic down. Mr. West read a proposed policy that has been prepared that would permit the installation of this sort of traffic control device when certain conditions are met. A copy of the pro- posed policy is attached. Mr. Gerald Sanders, 13514 Heartside, stated that he was one who had made a request for some traffic control device to slow traffic in his alley. He said he had talked with the people up and down his alley to watch their speed. He said the Police Department had done everything they could do to try to catch the speeders but cannot have enforcement 24 hours a day on this one problem. Mr. Sanders suggest the installation of speed bumps. Mr. Sanders reviewed the provisions in the proposed policy that had been given by Mr. West. He opposed of having 80% of the property owners having to sign the petition. He suggested of having maybe around 50% of the property owners signature. There was discussion among the Council members concerning the liability that might involve the city if someone was hurt because of the installation. Mr. West pointed out that in the petition there was the provision of a hold harmless agreement. Mr. Sanders stated that he believed he could get the property owners up and down his alley to sign the petition for the installation of the devices. Page 974. After some discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", instructed the City Administration to work with Mr. Sanders on his endeavor to secure the names on a petition requesting the installation of traffic control devices in his alley, and come back to the Council for further consideration. AGENDA ITEM NO. 11. - CONSIDER REPEALING ORDINANCE NO. 937 - PROVIDING THE REGULATIONS F THE SALE OF ALCOHOLIC BEVERAGES. After some discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", tabled this item until the next Council meeting. AGENDA ITEM NO. l 1.a. - CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR SANITARY SEWER ADJUSTMENT ON i.H. 635. City Manager Pau West explained that the Texas Highway Department has authorized the reimbursement for the relocation of the sanitary sewer in the L.B.J. Freeway right- of-way. In the completion of the plans and submittal to the State, it was considered by the Administration advisableto replace the existing 30" sewer with a 42" sewer for future capacity. The estimated total contract and engineering is estimated at approximately $281000.00. Of this amount, the City of Farmers Branch will stand the expense for the difference in the pipe cost of approximately $ 7,100.00. Mr. West stated that the Administration recommended to be authorized to advertise for bids for relocating sanitary sewer Iine within I. H. 635 right-of-way. After some discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", authorized the administration to advertise for bids for relocating sanitary sewer line within I.H. 63~,as recommended by the City Manager. MAYOR GRIMMER ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED AND THERE ARE ITEMS FOR DISCUSSION IN EXECUTIVE SESSION. Mayor Grimmer explained that Article 6252-17, Section 2 of the open meeting law provides such items as Personnel Matters and Pending and Contemplated Litigation can be discussed in closed session. AGENDA ITEM NO. 12. EXECUTIVE SESSION. a. Discuss Personnel Matters There was discussion of appointing a member to the Library Board. b. Discuss Pending and Contemplated Litigation State Representative Al Korioth gave a report on his law suit against the Governor and the State Controller involving the Council of Governments. Mr. Korioth invited the City of Farmers Branch as well as any other city to enjoin him in his suit. City Manager Paul West gave a report on the law suit that is before the Water Rights Commission. THE MEETING WAS OPENED BACK INTO GENERAL SESSION. Page 975. AGENDA ITEM NO. 8. - CONSIDER AUTHORIZING PAYMENT FOR THE ANNUAL MEMBERSHIP DUES TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS. After some discussion, Councilman Linn made a motion to authorize the payment for the annual membership dues to the North Central Texas Council of Governments. Councilman Binford seconded the motion. The motion carried 3 to 2 with Councilmen Linn, Binford and Flaherty voting "aye", and with Councilmen Quevreaux and McClung voting "nay". AGENDA ITEM NO. 13. - ADJOURNMENT. Upon a motion by Councilman Binford, a second by Councilman McClung, all voting "aye", adjourned the City Council meeting of November 4, 1974 at 9:26 P.M.. F ay Ge rge Gr' mer CA) - 1z" - 4 J . W ade, City Secretary Page 976.