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1975-02-03 CC MinutesL~ CITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF REGULAR MEETING February 3, 1975 All members of the City Council Mayor Mayor Pro Tem Councilmen: were present: George G. Grimmer W. R. Linn 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 AGENDA ITEM NO. 1. -INVOCATION. Glenn Moore gave the invocation. Mayor Grimmer called the City Council meeting of February 3, 1975 to order at 7:30 P. M. . AGENDA ITEM NO. 2. -APPROVAL OF MINUTES - January 20, 1975 After some consideration, a motion by Councilman Binford, a second by Councilman Linn, all voting "aye", approved the minutes of the City Council meeting of January 20, 1975 after the following corrections were made: 1. The first sentence in the second paragraph under Agenda Item No. 9 on page 1011 to read, "Mr. West stated that the Administration proposes to change the present computer system to a more modern system in order to eliminate the handling of information twice. " 2. The motion in the fourth paragraph under Agenda Item No. 9 on page 1011 to read, "After some discussion, a motion by Councilman Flaherty, a second by Councilman McClung, all voting "aye", authorized the Adminis- tration to install System 3 Model 15 Data Processing System. 3. On page 1013 in the motion making the appointments to the Zoning Board of Adjustments and Building Code Board of Appeals should be corrected to read Darwin Ellett. Page 1014. AGENDA ITEM NO. 3. -PRESENTATION OF 1975 CLEAN-UP CAMPAIGN PROGRAM. A taped slide presentation on the 1975 Clean-Up Campaign was given. Rudy Tumminello of the Fire Department and Martin Brown of the Police Department who are on a committee for the campaign were present. Mr. Brown told of the schedule of events planned for the clean-up program. AGENDA ITEM NO. 4. -CONSIDER AUTHORIZING SIGNS ON CONTAINERS AND CONTAINER LOCATIONS TO ADVERTISE THE MARCH GLEAN-UP CAMPAIGN. Mayor Grimmer gave the following information: In order to help advertise the Clean-Up Campaign planned for March 15 through March 31, 1975, the placement of specially prepared refuse containers at strategic locations is proposed. The refuse containers will be painted a bright color, with a Clean-Up Campaign poster attached to the side. The containers would be placed on parks in residential areas, shopping centers, and on industrial property along major rights-of-way. Where containers are proposed to be placed on private property, the property owner has been contacted, and has given his approval for the placement. The proposed container locations are: The Corner Shopping Center, 2825 Valley View Lane Farmers Branch Public Library, 2919 Amber Lane Brookhaven Hospital, 12100 Webb Chapel Road Valwood Shopping Center Showman Park Mallon Park Valley View Lane at Stemmons Freeway Brookhaven Club Drive at Marsh Lane Valley View Village Shopping Center Dennis Road at Valley View Lane Jaycee Park Valley View Baptist Church Denton Road at Farmers Branch Lane Valley View Central Shopping Center After some discussion, a motion by Councilman McClung, a second by Council- man Linn, all voting "aye", approved the placement of Clean-Up Campaign posters on containers and placement of refuse containers at the locations given above. AGENDA ITEM NO. 5. -CONSIDER RESOLUTION CONCERNING ILLEGAL ALIENS. REQUESTED BY COUNCILMAN BINFORD. Councilman Binford read the attached Resolution No. 75-005. There was discussion on Section 1 of the City supporting passage of legislation making it illegal for employers to knowingly hire illegal aliens. Councilman Flaherty spoke in concern of the City requesting legislation without knowing exactly what the legislation will be. He also stated that additional information from local employers of illegal aliens might be helpful. Page 1015. After more discussion, Councilman Binford made a motion to adopt Resolution No. 75-005. Councilman Quevreaux seconded the motion. The motion carried 4 to 1, with Councilmen Binford, Quevreaux, McClung and Linn voting "aye", and Councilman Flaherty voting "nay". AGENDA ITEM NO. 6. -CONSIDER RESOLUTION REQUESTING BRANIFF NOT TO MOVE PILOTS FROM THIS AREA. REQUESTED BY COUNCIL- MAN QUEVREAUX. Councilman Quevreaux read the attached Resolution No. 75-006. Councilman Flaherty spoke in concern of whether or not the City Council should consider this. Councilman Quevreaux stated that several pilots who live in his neighbor- hood requested the City Council to express concern. After more discussion, Councilman Quevreaux made a motion to adopt Resolution No. 75-006. Councilman Linn seconded the motion. The motion carried 4 to 1, with Councilmen Quevreaux, Linn, McClung and Binford voting "aye", and Councilman Flaherty voting "nay". AGENDA ITEM NO. 7. -PUBLIC HEARING: CONSIDER AMENDMENT TO THE BUILDING CODE TO REQUIRE PRODUCTS OF COMBUSTION DETECTORS IN EXISTING APARTMENTS AND CERTAIN OTHER DWELLINGS. Mayor Grimmer opened the public hearing. There are five parts under this item and City Manager Paul West explained as follows: a. Consider Ordinance No. 1042 which would require that products of combustion detectors be installed in existing apartment dwellings within the next five ,year, (at least 20% installed each year); b. Consider Ordinance No. 1055 which would require that these detectors be installed in homes when a building permit for alteration or addition in excess of $500. 00 be taken out. c. Consider Ordinance No. 1053 which would require that these detectors be installed in existing homes when the homes change ownership or occupants. This would be a condition of a certificate of occupancy. d. Consider Resolution No. 75-004 which would establish a policy for the City of Farmers Branch under which these detectors would be furnished to the citizens and to the apartment owners. This policy would provide for the purchase by arrangement or by consignment to the City on a three month installment basis with collections through the City water billing procedures. Under this policy the homeowner would be required to take out a building permit. There would be no charge for the issuance of the permit. The City will inspect the installation for proper installation. Mr. West explained that representatives from the City had met with seven manufacturers of detectors and it was their opinion that the City would be able to obtain a large order on consignment costing less than $30. 00 a piece. e. Consider Authorizing the Advertisement for Bids for Products of Combustion Detectors. Mayor Grimmer asked if there was anyone in the audience wishing to speak in opposition of the consideration. No one spoke. Mayor Grimmer asked if there was anyone in the audience wishing to speak in favor of the consideration. No one spoke. Page 1016. Councilman Linn made a motion to close the public hearing. Councilman Quevreaux seconded the motion. All voted "aye". The Council considered each part under this item separately as follows: a. Ordinance No. 1042 After some discussion of the Ordinance requiring 110 V.A.C. rather than battery; and, of installation location in the home, a motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", adopted the following captioned Ordinance No. 1042: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE BUILDING CODE OF THE CITY OF FARMERS BRANCH, TEXAS, BY AMENDING SECTION 1310 PARAGRAPH A, FIRE DETECTION SYSTEM, TO REQUIRE THAT EVERY DWELLING UNIT WITHIN AN EXISTING APARTMENT IN THE CITY OF FARMERS BRANCH SHALL MEET THE REQUIREMENTS OF SECTION 1310-A WITHIN A REQUIRED TIME PERIOD; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF ( $200.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. b. Ordinance No. 1055 After some discussion of the requirement of Ordinance No. 1055 that the products of combustion detectors must be installed in existing structures housing Group I occupancies when alterations, repairs or additions, which exceed $500.00 in evaluation, Councilman Flaherty made a motion to adopt the following captioned Ordinance No. 1055: Councilman Quevreaux seconded the motion. The motion carried 4 to 1, with Councilmen Flaherty, Quevreaux, Linn and Binford voting "aye", and Councilman McClung voting "nay". Councilman McClung opposed only to the requirement of the $500.00, he desired the figure to be higher. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 104 OF THE 1973 EDITION OF THE UNIFORM BUILDING CODE, AS HERETOFORE AMENDED AND ALSO KNOWN AS THE BUILDING CODE OF THE CITY OF FARMERS BRANCH, TEXAS;. BY ADDING PARAGRAPH (j) REQUIRING PRODUCTS OF COMBUSTION DETECTORS TO BE INSTALLED IN STRUCTURES HOUSING GROUP iOCCUPANCIES, WHEN ALTERATIONS, REPAIRS OR ADDITIONS TO SAID STRUCTURES EXCEED FIVE HUNDRED DOLLARS ( $500.00) IN EVALUATION; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ( $200.00) FOR EACH OFFENSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE OF THREE (3) MONTHS FROM THE PASSAGE OF THIS ORDINANCE. c. Ordinance No. 1053 Mr. Ken Wallace questioned if the Ordinance provided a savings grace on the homes that were on sale at this time. City Manager Paul West stated that the Ordinance proposes to become effective in three months. He stated that real estate companies doing business in Farmers Branch would be notified of the provisions of the Ordinance. Page 1017. Mr. Alvin Thomas spoke in concern of what it will cost him to install the detectors in the 35 rent houses he owns. After more discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", adopted the following captioned Ordinance No. 1053: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE 1973 EDITION OF THE UNIFORM BUILDING CODE AS HERETOFORE AMENDED, AND ALSO KNOWN AS THE BUILDING CODE OF THE CITY OF FARMERS BRANCH, TEXAS; BY AMENDING SECTION 306 (a) USE OR OCCUPANCY, TO REQUIRE A CERTIFICATE OF OCCUPANCY FOR BUILDINGS OR STRUCTURES IN OCCUPANCY GROUPS A TOT INCLUSIVE; BY AMENDING SECTION 306 BY ADDING PARAGRAPH (f) GROUPI OCCUPANCY, TO RE- QUIRE A CERTIFICATE OF OCCUPANCY FOR DWELLINGS AND LODGING HOUSES UPON CHANGE OF OWNERSHIP OR CHANGE OF OCCUPANT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ( $200.00) FOR EACH OFFENSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE OF THREE (3) MONTHS FROM THE PASSAGE OF THIS ORDINANCE. d. Resolution No. 75-004 Establishing Policy for Sale of Detectors to Citizens Councilman Flaherty spoke in concern of whether or not the City is entering into a business which lies in competition with priviate enterprise. He stated that this would involve additional work and expense of the present employees and that the City would be enforcing an ordinance involving its own product. He spoke in concern of the City being liable in regard to the malfunctioning or failure to function on one of these products. There was discussion of -the products of combustion detectors being obtained by bid procedures. There was discussion on the questions brought up by Councilman Flaherty. Mr. Gary Matula with Home and Apartment Builders Association stated that an informative educational program to the citizens would be helpful in order for them to get a detector that meets the codes. After more discussion of studying this further, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", tabled consideration of Resolution No. 75-004 for 30 days, and that Item 7.e be brought up at the same time. AGENDA ITEM NO. 8. -CONSIDER PASSING ORDER CALLING ELECTION FOR COUNCILMEN PLACE , 3 AND 5. After some discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", passed an order calling that an election be held in the City of Farmers Branch, Texas, on the 5th day of April, 1975 for the purpose of electing Councilmen for Place I, 3 and 5; and, appointed Wayne Glenn to serve as Election Judge and Pete Sherman to serve as Alternate Election Judge. Page 1018. AGENDA ITEM NO. 9. -CONSIDER AGREEMENT PERMITTING BROOKHAVEN MEDICAL CENTER TO CONSTRUCT ADDITION UNDER SUBDIVIDERS AGREEMENT. Mayor Grimmer gave the following information: Brookhaven Medical Center is requesting that a building permit be issued for a three story addition to the existing hospital on land which has not been platted and which does not have the public facilities required by our subdivision ordinance. The provision of the required public facilities will be greatly influenced by the street pattern for this area as ultimately developed. The complete street pattern is indefinite at this time pending approval of a frontage road request by the Texas Highway Department and more definite planning for the ultimate development of the land owned by Brookhaven Medical Center. Mr. Jack Bailey with Brookhaven Medical Center was present. City Manager Paul West explained that basically the agreement presented for consideration will provide that the Brookhaven Medical Center or any future owner of that land will comply with all the provisions of the codes and ordinances of the City of Farmers Branch, as well as the approved general development plan in effect at the time the property is platted. He stated that this provides a means allowing the construction of the addition to the hospital without making a final commitment as to the street plan. After some discussionthat the agreement would not lessen the responsibility of Brookhaven Medical Center to comply with the plan already approved, a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", approved the agreement permitting the present construction with a commitment from the Medical Center that they will comply with all requirements of the subdivision ordinance prior to future construction. AGENDA ITEM NO. 10. -CONSIDER AGREEMENT PERMITTING EASEMENT ENCROACH- MENT AND DEDICATION OF EASEMENT BY R. & L. CONSTRUCTION COMPANY. Mayor Grimmer gave the following information: R. & L. Construction Company owns the land and buildings located at 13445 Branch View Lane. The building was mistakenly constructed so that it encroached approximately 1.3 ft. onto an easement having an 8" sanitary sewer in it. This easement, together with a second easement to the south of the existing building, was indicated on the plat for Branch View Addition but was improperly dedicated at the time of platting. The company has agreed to dedicate the easements in the manner shown on the plat in exchange for the right to lease that portion of the easement upon which the building encroaches. The lease provides for a termination if the encroachment is removed and holds the City harmless for any damage which might be done to the building in main- taining the existing sewer line. After reviewing the agreement, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", approved the lease agreement and accepted the easement dedications by authorizing the City Manager to sign the lease agreement. DELETED. -AGENDA ITEM NO. 11. -CONSIDER AGREEMENT WITH CITY OF DALLAS FOR SEWER SERVICE FOR FARMERS BRANCH OFFICE PARK. DELETED. -AGENDA ITEM NO. 12. -CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR ONE HEAVY DUTY CAB & CHASSIS FOR THE SANITATION DIVISION. Page 1019. AGENDA ITEM NO. 13. -CITY MANAGER REPORTS. City Manager Paul West gave a report on the various happenings and projects of the various departments within the city. Councilman Linn made a motion to accept the City Manager's report. Councilman Binford seconded the motion and al I voted "aye". AGENDA ITEM NO. 14. -ADJOURNMENT. Upon a motion by Counci man Binford, a second by Councilman Quevreaux, all voting "aye", adjourned the City Council meeting of February 3, 1975 at 9:05 P.M.. ayo Ge ge . Grim City Se etary J. W. Wade. Page 1020.