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1974-12-16 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF REGULAR MEETING December 16, 1974 Members of the City Council present were: Mayor George G. Grimmer Mayor Pro Tem W. R. Linn Councilmen: Ray Flaherty Ken Quevreaux Bill Binford Member of the City Council absent was: Councilman Bill McClung The Council recognized and excused the absence of Councilman McClung. He was out of town. Members of the City Administration present were: City Manager Paul M. West City Attorney Doug McCallon City Secretary J. W. Wade Director of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of December 16, 1974 to order at 7:30 P. M. . AGENDA ITEM NO. 1. -INVOCATION J. W. Wade gave the invocation. AGENDA ITEM NO. 2. - APPROVAL OF MINUTES - November 18, 1974 After some consideration, a motion by Councilman Binford, a second by Council- man Linn, all voting "aye", approved the minutes as submitted of the Council meeting of November 18, 1974. AGENDA ITEM NO. 24. TO BE DISCUSSED AS AGENDA ITEM 4. a. After some discussion, a motion by Councilman Quevreaux, a second by Council- man Binford, all voting "aye", moved Agenda Item No. 24. -CONSIDER REVISING WATER RATES, to be discussed and considered as Agenda Item No. 4. a. AGENDA ITEM NO. 3. -PRESENTATION OF RESOLUTION OF APPRECIATION TO THE CITY EMPLOYEES FROM THE CITY COUNCIL. After some consideration, a motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye"; adopted a resolution expressing appreciation to the City employees for their dedication and enthusiasm in making "Insight 75" an outstanding success. After the Council signed the resolution, Mayor Grimmer presented it to the City Manager to present to the City employees. Page 988. E--X-T1IBIT C RATE SCHEDULE C COMPARED 1111TH PRESENT SCHEDULE P=-SE N`T SCHEDULE 0-2,000 3,000 - 10,000 1,000 - 20,000 1,000 - 50,000 1,000 -100,000 1,000 - Up gallons gallons gallons gallons gallons gallons 2.85 .70 per M .55 per M .45 per M .45 Per M .45 Per M CONSUMPTION PRESENT RATE SCHEDULE C $3.00 .80 Per M .75 Per im -65 Per ICI .60 Per 14 55 Per M SCIMDULE C INCREASE % INCREASE 2,000 gallons $2.85 $3_00 .15 5.20/0 5,000 gallons 4_95 5.40 _45 9.1%,- 0,000 gallons 8.45 9.40 .95 11.2% 0,000 gallons 13.95 16.90 2.95 21.1% 0 000 gallons 27.45 36.40 8.95 32.6/ THIS RATE IS AN OVERALL INCREASE OF 15/ AND WILL PRODUCE $151,758.00 ADDITIONAL REVENUE. AGENDA ITEM NO. 4. -PRESENTATION OF TWENTY FIVE YEAR SERVICE P Mayor Grimmer presented to Fire Chief Robert L. "Bob" Yager a twenty five year service award for his employment with the city. AWARD TO FIRE CHIEF ROBERT L. YAGER. AGENDA ITEM NO. 4. a. -CONSIDER REVISING WATER RATES. This item was continued for consideration from the November 18, 1974 Council meeting. City Manager Paul West explained that additional studying had been made by the Administration for consideration to revision to the water rates which is presented by a written report. Mr. West stated there is a need for additional revenues that is required to sell bonds in order to continue the water replace- ment program and the building of the pump station and reservoir. The study report on various proposed rate schedules was reviewed and discussed by the Council. Councilman Binford made statements favoring Schedule H of the report. There was discussion on Schedule C and comparing it to Schedule H of the report. After more discussion, a motion be Councilman Linn and a second by Council- man Quevreaux, adopted the following captioned Ordinance No. 1040 that incorporates Schedule C of the report: (Schedule C is attached to these minutes. ) AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 1 OF ORDINANCE NO. 959, SETTING FORTH THE MONTHLY RATES OR CHARGES FOR SERVICE BY THE WATER WORKS SYSTEM OF THE CITY FOR VARIOUS TYPES OF RESIDENTIAL DWELLINGS, BUSINESS OR COMMERCIAL ESTABLISHMENTS, OR COMBINATIONS THEREOF WHEN SUCH COMBINED UNITS ARE TO BE CHARGED SEPARATELY FOR SERVICE; AMENDING SECTION 2 OF ORDINANCE 959, 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 AND WITH AN ADDITIONAL $2. 50 FOR EACH 50, 000 GALLONS OR PARTS THEREOF; AND PROVIDING THAT ALL OTHER. PORTIONS OF ORDINANCES 959 AND 765 SHALL REMAIN IN FULL FORCE AND EFFECT. The motion carried 3 to 1 with Councilmen Linn, Quevreaux and Flaherty voting "aye", and with Councilman Binford voting "nay". 1 AGENDA ITEM NO.. 5. -PUBLIC HEARING: TO CONSIDER REQUEST FOR AMENDED SITE PLAN APPROVAL FOR DALLAS CHRISTIAN COLLEGE. AN APPROXIMATE 22 ACRE TRACT LOCATED EAST OF FORD ROAD SOUTH ~r rARIVIER~i BRANCH CREEK. REQUESTED BY DALLAS CHRISTIAN COLLEGE. Mayor Grimmer opened the public hearing to consider an amended site plan for Da as Christian College. Page 989. It. Dr. Melvin Newland, President of Dallas Christian College was present to represent the college. The revised site plan submitted for Dallas Christian College shows private drives, parking areas, existing buildings and new tenative building locations. The Planning and Zoning Commission recommends that the site plan be approved with the following conditions. 1. Arborvitaes be relocated to the north to make a continuous land- scaping of arborvitae (fill in spaces with more arborvitae), except japanese ligustrum to be planted from the north line of the Wade property north along the Salmon property. 2. Japanese ligustrum be located to the south around the perimerter at a distance specified by a professional nursery man. 3. All north to south fencing be raised to 5 ft. chain link fencing. 4. Exception being made to Mr. and Mrs. Wade on the planting of plants behind their property. 5. College maintain the same performance standards that are required in Light Industrial areas, as to maintaining landscaping. 6. Relocate storage building as per plat plan provided. 7. Private drives to be dedicated as fire lanes and be constructed to City standards. 8. The existing fire hydrant located on the west side of the three-story classroom building be relocated so as to be accessable to fire equipment. 9. Parking ratio must comply with current zoning standards of the city. 10. All future building locations shown on the site plan have tentative approval only, and before building permits are issued for construction of any future building, a site plan must be resubmitted for approval to the City showing specific building locations, building height, building elevations, landscaping, parking for the building, and utility service to the building. The following spoke concerning the request: Mr. N. R. Wade, 2724 Bay Meadows Circle, requested that his property be excluded from having plantings between his property and the college property for they prefer to look out over the college property than any type of screening. Mr. Harry Murray, 2709 Bay Meadows Circle, stated he had sent a letter to the City expressing his views. Mr. Murray disagreed of having one lot excluded of plantings. There was discussion that these conditions mentioned would not change the other requirements that have been placed on the property previously. Page 990. Mr. Al Korioth, 2772 Bay Meadow, questioned the reason for excluding the plantings from behind the Wade's property. Mayor Grimmer stated it was the request of the property owner. After more discussion, a motion by Councilman Linn, a second by Council- man Quevreaux, all voting "aye", closed the public hearing. After some discussion between Councilman Linn and Mr. and Mrs. Wade concerning their request that plantings not be planted between their property and the College property, Councilman Linn made a motion to approved the amended site plan for the Dallas Christian College with the provisions recommended by the Planning and Zoning Commission. Councilman Flaherty seconded the motion. The motion carried 3 to 2. The vote being: Councilmen Linn and Flaherty voting "aye"; Councilmen Binford and Quevreaux voting "nay"; and Mayor Grimmer voting "aye" to break the tie. AGENDA ITEM NO. 6. -PUBLIC HEARING: CONSIDER REQUEST FOR SPECIFIC USE PERMIT FOR A GENERAL BUSINESS SIGN TO BE ERECTED IN AN OFFICE ZONE. REQUESTED BY VALWOOD PARK BAPTIST CHURCH. PROPERTY LOCATED AT 2727 VALWOOD PARKWAY. Mayor Grimmer opened the public hearing to consider a request for Specific Use Permit for a general business sign to be erected in an office zone by the Valwood Park Baptist Church. Rev. Joe Moseley, Pastor of Valwood Park Baptist Church, was present to present the request for a sign of V-shaped with an overall size of 4' x 81, and a total height above grade of 416" to be erected on their property at 2727 Valwood Parkway. In addition to the V-shaped sign, the Church would like to add to an existing sign at the corner of Valwood Parkway and Josey Lane, 8" letters stating "Day Care". The Planning and Zoning Commission recommends that the Specific Use Permit be approved. There was no one present to speak against this request. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", closed the public hearing. Upon a motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", adopted the following captioned Ordinance No. 1045: 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 VALWOOD PARK BAPTIST CHURCH A SPECIFIC USE PERMIT FOR THE ERECTION OF A GENERAL BUSINESS SIGN IN AN OFFICE (O) ZONE, SAID GENERAL BUSINESS SIGN TO BE LOCATED ON A 3.752 ACRE TRACT OF LAND LOCATED NORTH OF VALWOOD PARKWAY AND EAST OF JOSEY LANE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED ($200. 00) DOLLARS FOR EACH OFFENSE: AND DECLARING AN EMERGENCY. Pa-ae 991. AGENDA ITEM NO. 7. -PUBLIC HEARING: TO CONSIDER AMENDING BUILDING CODE TO REQUIRE PRODUCT TO COMBUSTION DETECTORS IN EXISTING APARTMENTS. Mayor Grimmer opened the public hearing to consider amending the Building Code to require product to combustion detectors in existing apartments. This item was continued from discussion of approximately six months ago. City Manager Paul West stated that the Building Official and the Fire Chief have met with representatives of various apartment owners in Farmers Branch and discussed this consideration. The following, spoke in opposition of the amendment to the Building Code. Mr. Dwayne Nutt, representing Robert S. Folsom Investments, owner of Tara Apartments on Linevitle Road, opposed the proposed amendment to the Building Code. He stated that it would be very expensive to install the smoke detectors in all the apartment units. He stated that the cost would have to be passed on to the resident by rent increase which will in effect increase the inflation situation that everyone is already facing at this time. He stated he feels this is not an advisable time for this consideration. Mr. Gary Matula, an employee of the Home and Apartment Builders Association of Metropolitan Dallas, representing a number of apartment owners and operators in Farmers Branch, opposed the proposed amendment. Mr. Matula stated that the Uniform Building Code and Underwriters Labor- atories approve two distinct types of smoke detections or product of combustion detection units. One is a line voltage system and the other is a battery system. He stated that the ordinance proposed does not allow the battery unit. He stated that many people prefer the battery unit and feel is safer than the line voltage model. He said the battery lasts approximately one year and when the battery starts to go down there is an audible beeping signal that comes from the units. Mr. Matula gave some statistics on the type of fires caused from 1967 to 1973. Mr. Matula requested that if the proposed ordinance is adopted the apartment owners be allowed to install the battery operated units that are approved by the Uniform Building Code standards and the Underwriters Laboratories standards. Mr. Matula stated that the proposed ordinance requires a licensed electrician to install the units which is simple wiring. He stated that the biggest problem with the installation would be the carpentry involved. He requested that if the ordinance is adopted that the apartment owners be allowed to let the maintenance and construction personnel of the company install the units. Mr. Matula gave some statistics from the National Protection Association Fire Journal comparing residential and multi-family fires for the years 1967 to 1973. Mr. Matula gave some statistics from the City of Dallas on residential fire deaths for the years of 1972 to 1974. Mr. Matula stated that he feels the single family home is a greater fire risk than the apartment. Page 992. Mr. Matula stated that he thinks the existing Building Code contains many and important fire safety features and ask that it remain as adopted and not with the conditions of this proposal. Mrs. Estelle Reynolds of Murray Company, stated that she lived in an apartment and like it very much. She said she felt safer in an apart- ment because of close neighbors and of people going out and coming in at various hours. There being no other person wishing to speak, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", closed the public hearing. There was discussion on the cost of the unit installed; of requiring the single family resident comply with installing the unit; and, if battery units allowed the necessity for inspections by the City. Mr. Robert Cannon of Henry S. Miller Company, asked why not put the apartment resident in the same position as the individual home resident. He told of a unit that was easily installed and could be taken with the resident when moved. Mr. Roland Freeman of Freeman Properties, Inc. , stated that the single family residences should be the ones that have to install the units because this is where most of the fires occur. There was more discussion on the use of the battery type unit. Councilman Linn made a motion to table this consideration until the first meeting in February, 1975. Councilman Quevreaux seconded the motion, The motion carried 3 to 1, with Councilmen Linn, Quevreaux and Binford voting "aye", and Councilman Flaherty voting "nay". The Council requested that the apartment owners get with the City Administration and work together on this matter. AGENDA ITEM NO. 8. -CONSIDER REQUEST FOR CIVIC AND PHILANTHROPIC USE FOR A COMMUNITY CHRISTMAS TREE. REQUESTED BY THE FARMERS BRANCH JAYCEES. The following information was given. The Farmers Branch Jaycees would like to erect a Christmas tree on the city property at the southwest corner of Josey Lane and Golfing Green Drive. The tree would be approximately 15 feet tall, and erected so as not to be a hazard during high winds. The Jaycees would like to erect the tree as soon as possible and remove the tree on the first weekend following Christ- mas. The Jaycees have requested elementary school children to make Christmas decorations for the tree. Mr. Harold Hammer, president of the Jaycees, has stated that the tree will not be lighted. After some consideration and discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", adopted Resolution No. 74-045, granting permission for erection of a community Christmas tree on the property at Golfing Green and Josey Lane as requested by the Farmers Branch Jaycees. Page 993. AGENDA ITEM NO. 9.- CONSIDER PRELIMINARY DESIGNS FOR A FARMERS BRANCH COMMUNITY BUILDING. City Manager Pau West stated that the City Administration has been working with an architectural firm to come up with several preliminary plans for the new community building. The community building itself was to house three major functions, a local historical museum, an art gallery and a community meeting room. The existing library building, once vacated, will be the site for the community building. The City Admin- istration, working with Marvin Beck and Associates, has come up with four preliminary plans for the new community building. Renditions of the four plans were displayed. Mr. West described each plan and gave the estimated cost of each. (The description of the plans and estimated costs is attached to these minutes.) Mr. West gave the probable plan sequence information that is on the page attached. There was discussion that the funding for this project would come from operating revenues and/or donations. There was discussion that certain civic organizations have already set aside money for a project such as this. There was discussion concerning the demand to use such a building as this. It was discussed that the building could be built in phases based on the demand. Mr. Charlie Lambert of Marvin Beck and Associates, described the roof and told how the building could be built in phases. He stated that the rooms can be used for multi use,, and told how. Mrs. Nancy Bendict questioned if a survey had been made from the citizens on what and when the building would be used. Mayor Grimmer listed some of the interested organizations in Farmers Branch who have expressed the need of a community meeting room. There was more discussion that the building could be built, in stages and built over a period of years and will enlist public support. After some discussion on Plan #3, a motion by Councilman Linn, a second by Councilman Quevreaux, all voti ng "aye", adopted preliminary Plan ff3. AGENDA ITEM NO. 10.-CONSIDER REQUEST TO JOIN CONSOJIUM OF CITIES TO APPLY FOR H.U.D.FUNDS. REQUESTED BY THE DEPARTMENT OF PUBLIC WORKS OF DALLAS COUNTY. The Council reviewed and discussed a request from the Department of Public Works of Dallas County that the City of Farmers Branch join in a consortium so that the County may apply for funds under the new Community Development Act. State Representative Al Korioth stated that he had studied and checked into this request. He stated that after talking with the Attorney General's office and with the attorney of the League of Municipality, it was their opinion that there are two methods they could go to by law to accomplish what they are trying to accomplish. One method of which they could go would be the constitutional law which allows cities to go into metro form Page 994. COMMUNITY BUILDING Criteria: Rooms to be used for museum, art gallery, and civic club meeting room. Plans: There are four preliminary plans to consider, each meets community building criteria. All plans involve: (1) revamping electrical and climate control system. (2) reworking fireplace and roof areas, (3) new floor covering, (4) new ceiling and skylights (5) reworking entrance, windows, and flashing around building. Plan #1: Cost Estimate: Involves leaving building structure basically as is. $43,000.00 Outside of building would be cleaned of paint, and stained to be more compatible with recreation building. Rooms in building would remain same size. A wall or movable partition would be added between meeting room and art gallery. All rooms would be remodeled to make them more conducive for their designated purposes. Existing lighting and climate control system would be reworked. Plan #2: Cost Estimate: Same as plan #1, though several major differences. New $62,000.00 addition to west and north side of existing building. This new area would house additional storage, restrooms, and kitchen. A lobby-corridor would open into park on north side of building as well as into existing rooms. Plan #3: Cost Estimate: Same basic plan as #2, though several major differences. $76,000.00 New meeting room north of existing building. Museum would be in front two rooms of existing building. Art gallery would be in north east room of existing building. A rounded structure would be added to art gallery. Plan #4: Cost Estimate: General plan is similar to plan #1. Location of new $130,000.00 meeting room, new restrooms north and northwest of existing building. Major differences is size of lobby- court yard area. Art gallery would be expanded to the east. PROBABLE PLAN SEQUENCE If Plan X61 is approved as final result nothing more need be done. If Plan #2 is final result desired it may be obtained by doing Plan #1 as first phase. If Plan #3 is final result desired it may be reached by doing #1 as first phase and #2 as second phase. If Plan #4 is final result desired Plan #1 could be done as first phase. of government which requires the vote of the people by all the cities involved. The other method is to use the existing statute which governs intergovernmental contracting. Representative Korioth explained the statute on intergovernmental contracting. Representative Korioth stated that he opposed legislation proposed that would take away a city's duties, responsibilities and obligations. After some discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", instructed the City Manager to notify H.U.D. and the County that the City of Farmers Branch does not wish to join in the consortium. AGENDA ITEM NO. 11.-CONSIDER REPEALING ORDINANCE NO. 688. REGULATING THE OPERATION OF MOTOR VEHICLES AND OTHER VEHICLES ON SHOPPING CENTER PROPERTY. This item was withdrawn from the agenda and will be brought back to the Council at a later date. AGENDA ITEM NO. 12.-CONSIDER ORDINANCE NO. 1043 AMENDING THE ORDINANCE REGULATING SCHOOL ZONES. The Council considered and discussed a proposed ordinance that brings together all ordinances dealing with school zones within the City of Farmers Branch into one ordinance in order to make the enforcement of the 20 MPH school zones enforceable. A motion by Councilman Binford, a second by Councilman Linn, all voting "aye", adopted the following captioned Ordinance No. 1043 as recommended by the City Manager and the City Attorney: AN ORDINANCE AMENDING THE ORDINANCES OF THE CITY OF FARMERS BRANCH BY DEFINING THE TERM "MOTOR VEHICLE", AND "SCHOOL ZONE"; REGULATING THE SPEED OF MOTOR VEHICLES OPERATED WITHIN SUCH SCHOOL ZONES TO 20 MPH DURING THE TIME AS DESIGNATED UPON SCHOOL ZONE SIGNS OR DURING THE TIME WHEN AUTOMATIC SCHOOL ZONE DEVICES ARE USED TO DENOTE A SCHOOL ZONE; ESTABLISHING A MAXIMUM SPEED LIMIT OF 20 MPH AT DESIGNATED SCHOOL ZONES WITHIN THE CITY; PROVIDING A PENALTY FOR A VIOLATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT WITH THIS ORDINANCE. AGENDA ITEM NO. 13.-CONSIDER ORDINANCE NO. 1044.-PROHIBITING TRUCKS ON SPUR TRAIL, BROOKHOLLOW DRIVE AND SUNBECK CIRCLE. City Manager Paul West stated that proposed Ordinance No. 1044 prohibits trucks with manufacturers rated carrying capacity exceeding one ton from traveling on Spur Trail, Brookhollow and Sunbeck Circle. After some discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", adopted the following captioned Ordinance No. 1044: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROHIBITING MOTOR VEHICLES OR ANY TRAILER EXCEEDING MANUFACTURER'S RATED CARRYING CAPACITY OF ONE TON ON SPUR TRAIL, BROOKHOLLOW DRIVE AND SUNBECK CIRCLE EXCEPT SERVICING VEHICLES, WHEN SIGNS ARE POSTED; PROVIDING FOR A PENALTY AND DECLARING AN EMERGENCY. Page 995. AGENDA ITEM NO. 14.-CONSIDER ORDINANCE NO. 1046 AMENDING SIGN ORDINANCE.' City Manager Paul West stated that proposed Ordinance No. 1046 amends the sign ordinance as follows- I . Allows the Building Official to approve special event signs for civic and philanthropic organizations. 2. Political signs. The proposed ordinance would allow political signs to be placed on motor vehicles under certain conditions. 3. The ordinance deletes building identification signs. Building identification signs had previously been allowed to be constructed in front of the established building line in light industrial zones only. Sign standards for 'light industrial zones are controlled by the zoning ordinance now. 4. The proposed ordinance repeals Ordinance No. 994, which allowed service stations to erect portable signs on their property. The use of portable signs on service station property was intended as a temporary use only to be allowed during the energy crisis. Mr. West stated that service stations were using the portable signs for other purposes that what intended. There was discussion on the amendment of "political signs`: It was discussed that not more than two signs be permitted on each vehicle. After more discussion, Councilman Linn made a motion to adopt Urdinance No. 1046 with limiting two signs on each vehicle in Section 2. The motion died for the lack of a second. After more discussion on the amendment of political signs and the elimination of this section, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", adopted the following captioned Ordinance No. 1046 eliminating the Political Sign amendment: A N ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, BY AMENDING SECTION 3-38, PARAGRAPH (1) AND (9); AND REPEALING ORDINANCE NUMBER 994; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWU HUNDRED ( $200.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 15.-CONSIDER ORDINANCE NO. 1041 AMENDING FENCE ORDINANCE. City Manager Paul West stated that proposed Ordinance No. 1041 delegates the responsibility for hearing appeals on the current Fence Ordinance and the granting of variances from the Fence Ordinance to the Zoning Board of Adjustment. The proposed ordinance makes no other changes to the Fence Ordinance, all provisions and conditions of the Fence Ordinance remain the same. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", adopted the following captioned Ordinance No. 1041: Page 996. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 881, FENCE ORDINANCE; BY AMENDING SECTION 8 SO AS TO PROVIDE FOR ALL APPEALS TO ORDINANCE NO. 881 TO BE HEARD BY THE ZONING BOARD OF ADJUSTMENT, AND GIVING SAID ZONING BOARD OF AD- JUSTMENT THE AUTHORITY TO GRANT VARIANCES FROM SAID CONDITIONS OF ORDINANCE NO. 881; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 16.-CONSIDER APPROVAL OF RULES AND REGULATIONS OF DANGEROUS BUILDING BOARD. City Manager Pau West gave the following information: On November 19, 1974, the Dangerous Building Board of Appeals held an organizational meeting and adopted rules and regulations for the Board. The rules and regulations will become effective upon approval by the City Council. The Rules and Regulations adopted by the Dangerous Building Board are very similar to those used by the Planning and Zoning Commission and the Zoning Board of Adjustment. They establish procedures for the election of officers and the conduct of meetings, withdrawals, postponements of appeals and amendments to the rules. After reviewing the rules and regulations for the Board, a motion by Councilman Flaherty, a second by Councilman Quevreaux, all voting "aye", approved the rules and regulations as adopted by the Dangerous Building Board of Appeals on November 19, 1974. AGENDA ITEM NO. 17.-CONSIDER ADOPTING POLICY ON USE OF PARK AND RECREATION FACILITIES. City Manager Paul West gave the following information: Each year local athletic organ- izations are growing in participants. As a result of this growth our municipal fields have been continually over used. Ground maintenance work has been kept at a minimum as a partial result. As Farmers Branch updates and adds athletic facilities, the money expended should primarily be for resident users. A report on athletic participation on municipal athletic facilities has been prepared and presented to the Council. One of the things the report shows is that a large number of out of city participants in athletic leagues use the City's fields, which makes for more teams and which makes for more use of the fields. At the same time the City has groups within Farmers Branch who want to form teams and leagues to use these fields and are unable to provide them space. Mr. West stated that this is a problem and call it to the Council's attention. There was discussion that this concerns organized leagues. Various items in the report was discussed. There was discussion that the Administration had worked with representatives from the School and the City of Carrollton on this matter. Page 997. Mr. West stated that the Administration proposes that a policy be adopted stating that only persons living, working, or going to school or church in Farmers Branch may use Farmers Branch facilities. There was discussion that the Mayors of Farmers Branch and Carrollton, along with representatives from the School District and representatives of the City Administration meet together and talk this over. After more discussion, Councilman Linn made a motion to leave everything as is and see what the situation is in another year. Councilman Quevreaux asked for an amendment to the motion that the City comply with the TAAF guidelines. Councilman Linn accepted the amendment. Councilman Quevreaux seconded the motion. After some discussion of setting a definite date for having a policy before leagues get established for year 1976, Councilman Quevreaux withdrew his second to the motion and Councilman Linn withdrew his motion. Councilman Linn made a motion to adopt a policy stating that only persons, living, working, or going to school or church in Farmers Branch may use Farmers Branch facilities, except on special events such as tournaments and/or TAAF Leagues subject to approval by the Parks and Recreation Department, to go into effect as of January I, 1976. AGENDA iTEiVi NO. 18.-CONSIDER REQUEST TO DISCUSS AWARD OF BID FOR LIGHTING MATERIALS ON VALLEY VIEW LANE. REQUESTED BY MR. ORAN SCHRANK OF GRAYBAR ELECTRIC COMPANY, INC. Since Mr. Oran Schrank of Graybar Electric Company, Inc. was not present to discuss this matter, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", removed this item for consideration from the agenda. AGENDA ITEM NO. 19.-CONSIDER PARTICIPATING IN TELEPHONE RATE STUDY WITH CITY OF DALLAS. City Manager Paul West gave the following information: The City of Dallas has requested all area Cities to join with them in the use of a consultant to study and make recommendations regarding the Telephone Company's rate increase request. The cost of the accepted pro- posal from Stanford Research Institute is $.53,000.00. All area Cities are invited by Dallas to participate in the cost and should all cities be involved the cost would be approximately .05 per capita or a total cost of Farmers Branch at approximately $1,400.00; however should fewer cities join in the cost could be higher. The City of Grand Prairie, Garland and University Park have joined with Dallas to date. After some discussion, Councilman Flaherty made a motion instructing the City Manager to join with Dallas and the area cities in this study. Councilman Binford seconded the motion. The motion carried with Councilmen Flaherty, Binford and Linn voting "aye". Councilman Quevreaux disqualified himself from voting because he is an employee of Southwestern Bell Telephone Company. Page 998. AGENDA ITEM NO. 20. CONSIDER PARTICIPATING IN A SPECIAL STUDY TO' INVESTIGATE THE FAIRNESS AND EQUITY OF THE PRESENT SEPARATION PRACTICES OF TELEPHONE COMPANIES. REQUESTED BY TEXAS UTILITY ADVISORY COUNCIL. City Manager Pau West gave the following information: The Texas Utility Advisory Council has requested Texas Cities participation in a study to verify local customers receiving full benefits of long distance toll charges. This study will cost a maximum of 1.5 cents per capita or a cost to Farmers Branch of $412.38. The letter of request was reviewed and discussed. A letter received this date requesting dues to join the Texas Utility Advisory Council was discussed. After more discussion, Councilman Linn made a motion that the city not participate in this study. Councilman Binford seconded the motion. The motion carried 2 to I, with Councilmen Linn and Binford voting "aye", and Councilman Flaherty voting "nay". Councilman Quevreaux disqualified himself from voting because he is an employee of Southwestern Bell Telephone Company. AGENDA ITEM NO. 21.- DISCUSS FORMATION OF FLOOD CONTROL DISTRICT. Information given to the Counci : The Dallas County Levee Improvement District 6 will shortly go before the County Commissioners to request appropriate action in order to form the Dallas County Levee Improvement District #16 which will include lands bounded by the Trinity River and 1-35, and 635 and Belt Line Road in the cities of Farmers Branch and Carrollton. In order for the Dallas County Levee Improvement District #16 to go before the County Commissioners, it is the normal procedure to have consent of each city within which a levee district or portions thereof is to be situated. The method used to show the cities formal approval of the levee district is by adopting an ordinance. Mr. Paul Phy was present on behalf of the petitioners of the Dallas County Levee District. Mr. Phy stated that he had just come from Carrollton and they adopted the ordinance with two changes. There was discussion on the changes in the ordinance that Carrollton adopted. One would not affect Farmers Branch. The other was in (h) on page 3, the last line to read, " and defend and indemnify the City against any such claims anc/or liability resulting there from." There was some discussion concerning the values placed on the property for taxes. After more discussion, a motion by Councilman Flaherty, a second by Councilman Binford, all voting "aye", adopted the following captioned Ordinance No. 1047 with the amendment on page 3, Section 1, (h), the last line to read, " and defend and indemnify the City against any such claims and/or liability resulting there from." : AN ORDINANCE AUTHORIZING AND CONSENTING TO THE CREATION AND ESTABLISHMENT OF DALLAS COUNTY LEVEE IMPROVEMENT DISTRICT NO. 16 UNDER AND PURSUANT TO THE TERMS AND CONDITIONS SPECIFIED; AND DECLARING AN EMERGENCY. Page 999. AGENDA ITEM NO. 22. -CONSIDER JOINING SUIT QUESTIONING CONSTI- TUTIONALITY OF C.O.G. REQUESTED BY MAYOR GRIMMER. Mayor Grimmer stated that he requested this item be put on the agenda because State Representative Al Korioth is involved in a law suit questioning the legality of the Council of Governments. Representative Korioth's suit, filed October 25, 1974 in federal court in Austin, challenges the law establishing and maintaining regional councils of government as violating the federal and state constitutions. The suit claims the law violates the Senate's treaty-making powers, and violates the state constitution by allowing state funds for counties to be appropriated to an organization (Councils of Government). Representative Korioth was present and brought the Council up to date on his suit. After some discussion, Councilman Quevreaux made a motion to join Representative Korioth in his Civil Action Suit No. A 74 CA 230 against the Governor and the State Comptroller to block the expenditure of state funds to assist regional planning commissions and councils of government. Councilman Linn seconded the motion and all voted "aye". AGENDA ITEM NO. 23. -CONSIDER AUTHORIZING DALLAS TO ASSESS FARMERS BRANCH PROPERTY OWNER ON ALPHA ROAD FOR STREET IMPROVEMENTS. City Manager Paul West gave the following information: The City of Dallas plans to repave and widen Alpha Road within their city limits between Inwood and Dallas Parkway. The property abutting the street lies within the City of Farmers Branch. The City of Dallas has requested that the City of Farmers Branch authorize the City of Dallas to assess that property owner for his portion of the street improvements. This is a common problem that we have with Dallas and other cities where city limit boundaries run along streets. It has been a common practice to authorize the city paving the street to assess the property owners abutting that street. Councilman Linn made a motion to adopt Resolution No. 74-044 that authorizes the City of Dallas to assess Farmers Branch property owner on Alpha Road for street improvements. Councilman Flaherty seconded the motion, and all voted It aye AGENDA ITEM NO. 25. -CONSIDER AWARDING BID FOR AUTOMOBILES. City Manager Paul West gave the following information: Bids were received on December 11, 1974 for eight 1975 vehicles. All but two are to be police patrol units. Bids were sent to 12 bidders. Only two were received. Of the bids received, Preston Chrysler-Plymouth, Inc, was the low bidder with a total bid of $36, 227. 90. Lee Jarmon Ford had a total bid of $37, 917. 32 or $1, 689. 42 more. Last ,year's bid price on the same quantity of 1974 vehicles would have been $30, 966. 80 or $5, 261. 10 less than this ,year's bid. Mr. West stated that because of the small difference in price, the Administration recommends to award the bid to Lee Jarmon Ford for the amount of $37, 917. 32. He stated that past experience in using Plymouths as patrol units (1969) did not prove satisfactory. He stated that the city warehouse currently has parts in stock for Ford products and many of these parts are interchangeable with the 1975 models. Page 1000. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Flaherty, all voting "aye", awarded the bid for six black and white units and two standard units to Lee Jarmon Ford for the total bid price of $37,917.32. Mr. John Klusank, a representative from Preston Chrysler-Plymouth Inc., made statements in oposition of the City Administration's recommendation and of the Council's action. 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 that such items as Personnel Matters, Land Acquisition and Contemplated and Pending Litigation can be discussed in closed session. AGENDA ITEM NO. 26. -EXECUTIVE SESSION. a. Discuss Personnel Matters An appointment to the Library Board was discussed by the Council. b. Discuss Land Acquisition There was discussion of acquiring the needed right-of-way for the bridge across Farmers Branch Creek on Midway Road from Ms. Mabel McDowell. c. Discuss Contemplated and Pending Litigation City Attorney Doug McCallon gave a status report on the Oakbrook suit. City Attorney Doug McCallon gave a status report on the Moore and Adler case. THE MEETING WAS OPENED BACK INTO GENERAL SESSION After some discussion, a motion by Councilman Flaherty, a second by Councilman Binford, all voting "aye", appoint Joyce Springer to serve an unexpired term on the Library Board. The term to expire on May 6, 1976. After some discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye" , authorized the payment of $4,000.00 for the necessary right-of-way needed on Midway Road at Farmers Branch Creek to Mabel McDowell. AGENDA ITEM NO. 27.-ADJOURNMENT. Upon a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", adjourned the City Council meeting of December 16, 1974 at 11:06 P.M.. Ma r G rge rimmer city Se tary J. W. Wade Page 1001.