Loading...
1975-02-17 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF REGULAR MEETING February 17, 1975 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro Tem 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 February 17, 1975 to order at 7:30 P. M. . AGENDA ITEM NO. 1. -INVOCATION Glenn Moore gave the invocation. AGENDA ITEM NO. 2. -APPROVAL OF MINUTES - February 3, 1975 After some consideration, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", approved the minutes as submitted of the City Council meeting of February 3, 1975. AGENDA ITEM NO. 3. - PRESENTATION OF SERVICE AWARD. Mayor Grimmer presented a five year service award to Earl Heath of the Finance Department. AGENDA ITEM NO. 4. - ANNUAL REPORT PART VI. The last of a series of Annual Reports of the Administration of the City was given on the Finance Department. AGENDA ITEM NO. 5. - CONSIDER APPROVING REQUEST FOR LOCATION OF BANNERS ON CITY STREETS FOR CLEAN-UP CAMPAIGN. Mayor Grimmer gave the following information: To help inform citizens of the coming spring Clean-Up Campaign to be held March 15-31st, the Administration requests permission to place banners across city streets. Banners are proposed to be placed at the following locations: Page 1021. 1. Valley View Lane at Denton Drive 2. Valwood Parkway at Denton Drive 3. Webb Chapel at L. B. J. Service Road 4. Marsh Lane at L. B. J. Service Road The banners are approximately 18" wide and will state "Spring Clean-Up March 15-31st". Banners are proposed to be erected on Monday, March 3 and would remain up until March 31st. Banners will be erected so as not to interfere with vehicular traffic. At this time, the Council meeting was interrupted by visitor MR. DIRT but was soon to be swept away by MR. CLEAN. After some consideration of the request for the erection of banners, a motion by Councilman Quevreaux, a second by Councilman McClung, all voting "aye", authorized the erection of banners advertising the 1975 Clean-Up Campaign at the locations mentioned above. AGENDA ITEM NO. 6. -CONSIDER APPROVING REQUEST FOR FLEA MARKET AND RELATED ACTIVITIES FOR CLEAN-UP CAMPAIGN. Mayor Grimmer gave the following information: A City sponsored flea market is proposed to help encourage citizens to clean out their garages and property during the 1975 Clean-Up Campaign. Citizens will have the opportunity to bring discarded items, or items of some value that residents do not wish thrown away, to the flea market to offer for sale. If the articles are not sold they may be given to the Goodwill or Salvation Army, or the City will take unwanted items to the sanitary landfill. The flea market has been proposed for the opening day of the Clean-Up Campaign, Saturday, March 15, 1975. There will be a parade prior to the flea market. The parade will begin at the Mary Immaculate School on Dennis and end at the flea market site. The flea market site will be some of the parking area and one vacant building at the Corner Shopping Center. During the sale, there will be speeches and entertainment. An information center will be established at the flea market site to direct the sale and to distribute literature and information on the clean-up campaign and the purpose of the flea market. All citizens and groups are invited to participate. After some discussion, a motion by Councilman Linn, a second by Council- man Binford, all voting "aye", approved the plans for the flea market and associated events for the City 1975 Clean-Up Campaign program. AGENDA ITEM NO. 7. -CONSIDER RESOLUTION CONCERNING SECTION 208 PLANNING PROCESS OF WATER POLLUTION CONTROL ACT. Mayor Grimmer explained that the North Central Texas Council of Governments hae_ been proposed as the planning entity for the 208 Planning Process required by the Water Pollution Control Act. They have sent a resolution to the city with the request that it be adopted by the City Council. Mayor Grimmer stated that an alternate resolution has been prepared because of the serious implications Page 1022. which this planning process will have upon the city. Mayor Grimmer stated that proposed Resolution No. 75-008 resolves the following: 1. The Congress of the United States be petitioned to review the require- ments of said Federal Water Pollution Control Act so as to provide for effective local control and administration of pollution control requirements . 2. That the planning process required by Section 208 of said Act for the area including Farmers Branch be performed by the Texas Water Quality Board since said Board is the only agency capable of conducting the planning process whose administrators are directly responsible to elected officials serving in the capacity for which they were elected. 3. That copies of this Resolution .be sent to the appropriate members of the United States Senate and House of Representatives, the Office of the Governor, the Texas Water Quality Board, the North Central Texas Council of Governments, and the Trinity River Authority. After some discussion that there is no need for another level of government to function in this way since there is the Texas Water Control Board, Councilman Quevreaux made a motion to adopt Resolution No. 75-008. Councilman Flaherty seconded the motion with an amendment to change the word "schemes" to proposals" used in the last "Whereas" on the first page. Councilman Quevreaux agreed with the amendment. All voted "aye". AGENDA ITEM NO. 8. -CONSIDER REQUEST TO DISCUSS PAVING ASSESSMENT ON MARSH LANE. REQUESTED BY THE VALLEY VIEW CHRISTIAN CHURCH. Mr. Bob Jackson, 9916 Brockbank in Dallas, Chairman of the Board of the Valley View Lane Christian Church, presented Mr. Bob Holland to present their request. There were approximately 12 persons present in behalf of the Church's request. Mr. Holland reviewed past actions of the City Council of the public hearing for the assessment on Marsh Lane. He told that it had been determined that other property owners on Marsh Lane be assessed $l. 00 per foot; and, because of a previous agreement with the City, the Presbyterian Church on Marsh were not assessed anything. The Valley View Lane Christian Church was assessed the total of $2,152. 47. Mr. Holland stated that he contended at the meeting that the Church fronts on Valley View Lane and not on Marsh Lane. He stated that this seemed to be the reason for the assessment and still contends the Church fronts on Valley View Lane. Mr. Holland discussed the action by the City Council that cancelled all the assessments for the Valley View Lane widening project. Page 1023. Mr. Holland stated that the improvements to Marsh Lane did not enhance the property and did not give the church an entrance off Marsh Lane. Mr. Holland requested that the Council reconsider the assessment placed on the Church. He asked that the Valley View Lane Christian Church be given consideration of cancelling the assessment and as a maximum be assessed the $1. 00 per foot which would be $323. 00. Mayor Grimmer stated that as a matter of clarification- the Valley View Lane Christian Church was assessed as residential property fronting on Marsh Lane; and the $1. 00 per foot was placed on the other properties because they backed to Marsh Lane or their side was on Marsh Lane; and, explained the case of the Presbyterian Church agreeme=nt. There was discussion that at some later date there could possibly be an assessment on the Church property fronting on Valley View Lane when improvements were made on Valley View Lane in front of the Church. Mr. Bob Land, a representative from the Church, stated that at the time the property was bought from the developer, the Church sold for $1. 00 which was never received, right-of-way to the City. City Manager Paul West explained the procedure of the Paving Assessment Ordinance for residential property. After more discussion, Councilman Quevreaux made a motion to waive the pavement assessment of the amount of $1, 829. 44 and that the Valley View Lane Christian Church pay the amount of $1. 00 per foot for total of $323. 03 less $l. 00. Councilman Linn seconded the motion. The motion carried 3 to 2 with Councilmen Quevreaux, Linn and McClung voting "aye" and Councilman Binford and Flaherty voting "nay". AGENDA ITEM NO. 9. -CONSIDER RESOLUTION NO. 75-007 ESTABLISHING POLICY ON SECURING AND INSTALLATION OF PRODUCTS OF COMBUSTION DETECTORS FOR FARMERS BRANCH RESIDENTS. Mayor Grimmer gave the following information: The proposed Resolution No. 75-007 deletes provision for providing City financing of detectors for home owners should the Council desire to omit this feature. The resolution establishes the policy and procedures whereby the City will make the detectors available at the best available market price for a period of one ,year. The resolution further provides for waiving of normal license and permit fees for installation of detectors, issuing a special permit to allow installation of detectors by apart- ment maintenance personnel and home owners. Normal inspection for code compliance would be required. There was discussion of whether or not Agenda Item No. 10. -Consider Authorizing the Advertisement for Bids for Products of Combustion Detectors, should be discussed before this item. Page 1024. City Manager Paul West explained that the proposed resolution establishes a policy and procedures whereby the City will make the detectors available at the best available market price to the citizens. { Mr. David Hamrick, 3435 Rockmartin, asked the Council what affect does this have on homeowners. Mayor Grimmer explained that an ordinance had been passed that all new apartments and single family residences will be required to install products of combustion (smoke detectors). . Also all existing apartments must install the device in each apartment within a period of 5 years. All single family residences will be required when a building permit is applied for the repair or addition to the house in the amount of $500. 00 or more, and/or when there is a change of occupancy. There was discussion on the intent of the ordinance requiring the installation of the products of combustion detectors. City Manager Paul West read a memo from the Building Official giving costs and places where the smoke detectors were available. Councilman Flaherty stated that he approved the ordinance requiring the detectors but was concerned on the responsibility of the city, if involved, in liability exposure, arrt whether or not the City should compete with private enterprise. There was discussion of having a contract with the manufacture and them be made to hold the responsibility. After more discussion, Councilman McClung made a motion to adopt Resolution No. 75-007. Councilman Linn seconded the motion. The motion carried 3 to 2 with Councilman McClung, Linn and Binford voting "aye", and Councilmen Flaherty and Quevreaux voting "nay". AGENDA ITEM NO. 10. -CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR. PRODUCTS OF COMBUSTION DETECTORS. The following information was given: Specifications include three alternate methods for securing products of combustion detectors on competitive bids. A. Purchaseby City for resale to home owners. B. Consignment to City for sale to home owners. C. Contract with City for successful bidder to sell to home owners. City Manager Paul West stated that should the City Council authorize the advertisement for bids and should the City Council award the bid, there is nothing to compel citizens to buy the dectors from the city. They can buy from whomever they wish providing the detectors meet the requirements of the code. Mr. West stated that the reason for this consideration was to reduce the cost to the citizens. Page 1025. Mr. Ken Wallace, 3606 Chellen Drive, spoke in favor of the installation of the detectors but opposed the city competing with free enterprise. Councilman Binford and Councilman Flaherty spoke opposing the selling of the products by the City. There was discussion of the city compiling a list of those who had the approved detectors available and the cost and inform the citizens of this. Mr. John Dodd, 3417 Ridgeoak, questioned whether or not the city should be involved with private enterprise. He was in favor of the city having available a list of where a citizen could purchase the approved detectors. After more discussion, a motion by Councilman Linn and a second by Councilman McClung, all voting "aye", declined Items A, B and C that have been discussed, and that the City Administration be instructed to make all information possible through whatever news media and other methods the city has to inform the citizens on what products of combustion meet the specifications. Councilman Binford requested that the City request some companies to make known to the city what they would be agreeable to sell and/-or install smoke detectors to individual home owners. Based upon the action of this item, City Manager Paul West requested the City Council to reconsider Item 9 and omit Section 1 and 2 and in Section 6 omit the words "availability and" of Resolution No. 75-007. After some discussion, a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", amended Resolution No. 75-007 by omitting Section 1 and 2 and in Section 6 in the second line omit the words "availability and". AGENDA ITEM NO. 11. -CONSIDER REVISED AGREEMENT PERMITTING BROOKHAVEN MEDICAL CENTER TO CONSTRUCT ADDITION UNDER. SUBDIVIDERS AGREEMENT. City Manager Paul West gave the following information: The Council approved a Subdivider's Agreement for Brookhaven Medical Center at the last meeting. The Medical Center has requested that this agreement be modified to permit them to develop, plat, and install public improvements in stages as warranted by development. The agreement presented provides for this staged construction in accordance with the provisions of the recently adopted Subdivision Ordinance. The Medical Center is not requesting that any required public improvements be deleted. They are requesting that the provision of public improvements be phased with the development of the land. Page 102 6. After some discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", authorized the City Manager to sign the Agreement permitting Brookhaven Medical Center to construct Addition under Subdivider's Agreement as requested. AGENDA ITEM NO. 12. - CONSIDER ORDINANCE NO. 1056 AMENDING ORDINANCE NO. 761 TO REGULATE INOPERABLE VEHICLES ON NEW AND USED CAR SALES LOTS. City Manager Paul West gave the following information: Ordinance No. 761 needs amending so as to exclude those motor vehicles which are located on new or used car sales lots from the junk vehicle Ordinance No. 761. Under Ordinance No. 761, vehicles which are on used or new car sales lots would be considered junk vehicles and the car lots here in the City would be prohibited from displaying such vehicles for sales purposes. Ordinance No. 1056 would exclude ' those cars, except when they have flat tires, from being considered a junk vehicle. After some consideration, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", adopted the following captioned Ordinance No. 1056: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 761 TO EXCLUDE MOTOR VEHICLES LOCATED ON NEW OR USED CAR SALES LOTS EXCEPT WHEN SUCH VEHICLES HAVE A FLAT TIRE(S) AND EXCEPT WHEN OTHERWISE INCAPABLE OF BEING DRIVEN OR OPERATED; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR. EACH OFFENSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 13. -CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR A VAN. Mayor Grimmer gave the following information: The City Administration requests permission by the Council to advertise for bids for a van for use by the City electrician, within the Building Maintenance Division. The van will be used for transportation of personnel and materials, storage of materials and tools, and will provide an enclosed work area for the electrician. After some discussion, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", authorized the advertisement for bids for a van to be used by the Building Maintenance Division of the Public Works Department. ! I r Page 1027. AGENDA ITEM NO. 14, -CITY MANGER REPORTS. City Manager Paul West gave a report of the various activities of the various departments within the City. After some comments, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", accepted the City Manager's report. Mayor Grimmer asked if there was anyone in the audience who wished to make any statements. No one spoke. 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. 15. - EXECUTIVE SESSION. a. Discuss Pending and Contemplated Litigation City Attorney Doug McCallon gave a status report on the following litigation: the Moore and Adler Case; the Oakbrook Case; the Water Rate Case; and, Representative Al Korioth's suit. discussions in SESSION., Executive Session, AGENDA ITEM NO. 16, - ADJOURNMENT. Upon a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", adjourned the City Council meeting of February 17, 1975 at 9:55 P. M. . May G rg . G mmer (7 I THE No action by MEETING the WAS City Council OPENED was required BACK INTO on disc GENERAL City Secretary--,T-e -W Page 1028.