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1975-01-06 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF REGULAR MEETING January 6, 1975 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro Te.m W. R. Linn Councilmen: Ray Flaherty Bill McClung Ken Quevreaux Bill Binford 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 January 6, 1975 to order at 7:30 P.M.. AGENDA ITEM NO. 1. -INVOCATION. Glenn Moore gave the invocation. EMERGENCY ITEMS DECLARED. After some consideration, a motion by Councilman Quevreaux, a second by Councilman Flaherty, all voting "aye", declared an emergency and placed the following on the agenda as: Item No. 11, a. -Consider Request To Leave Slab And Roof Projected 5 Feet In Right Of Way On Rossford Street. Requested By Carl Montgomery; and, Item No. 11, b. -Executive Session, Discuss Pending and Contemplated Litigation. AGENDA ITEM NO. 2. -APPROVAL OF MINUTES. After some discussion, a motion by Councilman Flaherty, a second by Council- man Quevreaux, all voting "aye", approved the minutes of the City Council meeting of December 16, 1974 after the following correction was made: On page 998, the following should be added to the last paragraph under captioned Agenda Item No. 17, "Councilman Quevreaux seconded the motion. The motion carried 3 to 1 with Councilmen Linn, Quevreaux and Binford voting "aye", and Councilman Flaherty voting "nay". it Page 1002. AGENDA ITEM NO. 3. -PRESENTATION OF SERVICE AWARD. Mayor Grimmer presented Roy Patton of the Administration Division a five year service award for his employment with the city. AGENDA ITEM NO. 4. -ANNUAL REPORT -PART IV. City Manager Paul West presented a taped program by the Utilities Department and the Water Line Replacement Program giving accomplishments 1973-1974 fiscal ,year. AGENDA ITEM NO. 5. -CONSIDER ARBOR DAY PROCLAMATION. Mayor Grimmer gave the following information: Arbor Day was first conceived in 1889 in Texas. In 1949 the Texas Legislature set the date to the third Friday in January. Many states observe Arbor Day in April. We, in Texas, have selected the January date since mid-winter planting of trees in the south is usually more successful than late spring planting. After some discussion, a motion by Councilman Flaherty, a second by Council- man Quevreaux, all voting "aye", adopted a resolution whereby Friday, January 17, 1975 is recognized as Arbor Day in Farmers Branch. AGENDA ITEM NO. 6. -CONSIDER RESOLUTION ESTABLISHING MARCH 15-31, 1975 AS THE 1975 CLEANUP CAMPAIGN FOR FARMERS BRANCH. Mayor Grimmer gave the following information: The period from March 15 to March 31, 1975 is proposed by the Administration to be set aside for the annual Farmers Branch Cleanup, Campaign. After some discussion, a motion by Councilman Flaherty, a second by Council- man Quevreaux, all voting "aye", adopted Resolution No. 75-001 designating March 15, to March 31, 1975 as the Farmers Branch Cleanup Campaign for Farmers Branch. AGENDA ITEM NO. 7. -CONSIDER REQUEST FROM THE LIBRARY BOARD FOR PLANNING AND CONDUCTING THE OPENING OF THE WALT MANSKE MEMORIAL LIBRARY. IL Mayor Grimmer stated that the Library Board requested permission to plan and conduct the opening ceremories for the new Walt Manske Memorial Library. Mrs. Montie Larkin, member of the Library Board, was present in behalf of the request. After some discussion, a motion by Councilman Quevreaux, a second by Council- man Linn, all voting "aye", granted permission to the Library Board to plan and conduct the opening ceremonies for the new Walt Manske Memorial Library. Page 1003. AGENDA ITEM NO. 8. -CONSIDER ORDINANCE NO. 1048 ADOPTING CERTAIN RULES AND REGULATIONS GOVERNING THE PLANNING AND SUBDIVIDING OF LAND IN FARMERS BRANCH. City Manager Paul West presented proposed Ordinance No. 1048 to the Council for consideration. He stated that this ordinance basically gives the City Council more control of the plaUing and subdivision process. After reviewing the proposed ordinance, a motion by Councilman Binford, a second by Councilman Linn, all voting "aye", adopted the following captioned Ordinance No, 1048: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING CERTAIN RULES AND REGULATIONS GOVERNING THE PLATTING AND SUBDIVIDING OF LAND AS PROVIDED FOR IN ARTICLE 974 (A) OF VERNON'S REVISED CIVIL STATUTES OF THE STATE OF TEXAS; AND UNDER THE CHARTER OF THE CITY OF FARMERS BRANCH; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 9, -ANNUAL REPORT - PART V. City Manager Paul West presented a taped program by the Recreation Division of the Parks and Recreation Department giving accomplishments, 1973-1974 fiscal year. AGENDA ITEM NO. 10. -CONSIDER REPEAL OF ORDINANCE NO. 688 REGULATING MOTOR VEHICLE ACTIONS ON SHOPPING CENTER LOTS. City Manager Paul West gave the following information: The negligent collision portion of Ordinance 688 is now outdated, as it is covered by State law. Exit regula- tions of ordinance pertaining to vehicles not now required as State law now governs and sets requirements. The speeding portion of the ordinance is not ever used. Mr. West stated that since Ordinance No. 688 serves no useful purpose, the Administration recommends that it be repealed. After some discussion of the regulations that govern control on shopping center and parking lots, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", adopted the following captioned Ordinance No. 1049. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FOR THE REPEAL OF ORDINANCE NO. 688; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 11. -CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR EQUIPMENT FOR NEW WATER PUMP STATION. City Manager Paul West stated that in April the City Council authorized the execution of a contract for engineering for certain improvements to the water system. The first step in the improvements is the construction of the new pump station and ground storage tank north of Wicker at Cooks Creek. This station will be needed by the Spring of 1976. Mr. West recommended that the Administration be authorized to advertise for bids for 4 verticle pumps and the 2 stand-by engines because of the long delivery times involved. The cost of this equipment is estimated at $117, 000. 00. Page 1004. After some discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", authorized the Administration to advertise for bids for 4 verticle pumps and 2 stand-by engines for the new water pump station. AGENDA ITEM NO. 11. a. -CONSIDER REQUEST TO LEAVE SLAB AND ROOF PROJECTED 5 FEET IN RIGHT OF WAY ON ROSSFORD STREET. REQUESTED BY CARL MONTGOMERY. Mr. Carl Montgomery presented a request to leave five feet of the canopy and five feet of the concrete slab of his building on the corner of Carrick and Ross- ford Streets, that encroached on the City right-of-way for the improvements to proposed Rossford Street. He stated this would serve as a sidewalk for access to the front of his building. He stated this would help the appearance of his building also. He stated that the slab could serve as the sidewalk that would be built by the City. City Manager Paul West pointed out that if there was a sidewalk proposed for this area, it would be built to grade to match the future street, curb and gutter grades. He stated that since the grades had not been established as of this time, it was really not known whether or not the existing slab would match those grades. There was discussion concerning the amount of money that had been paid and will be paid to Mr. Montgomery according to the contract between him and the City. There was discussion of a similar request before the Council previously that had been denied. After more discussion, a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", denied the request of Mr. Montgomery. 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 provided that such item as Contemplated and Pending Litigation may be discussed in closed session. AGENDA ITEM NO. 11. b. -EXECUTIVE SESSION. Discuss Contemplated and Pending Litigation City Attorney Doug McCallon gave a status report on the Adler and Moore law suit. City Attorney Doug McCallon gave a status report on the Oakbrook law suit. Page 1005. THE MEETING WAS OPENED BACK INTO GENERAL SESSION. There was no action needed by the Council on the discussion of items that were in the Executive Session. AGENDA ITEM NO. 12. -ADJOURNMENT. A motion by Councilman Binford, a second by Councilman McClung, all voting "aye", adjourned the City Council meeting of January 6, 1975, at 8;40 P.M. . XL /a~ -1-1 Ma or eorgG. immer . City Seri5retary J. W. Wade V 1 Page 1006.