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1975-04-07 CC Minutes1 rl CITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF REGULAR MEETING April 7, 1975 All members of the City Council were present: Mayor Mayor Pro Tern Councilmen: George G. Grimmer W. R. Linn Ray Flaherty - John Dodd 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 April 7, 1975 to order at 7:30 P.M. AGENDA ITEM NO. 1. - INVOCATION. J. W. Wade gave the invocation. EMERGENCY ITEMS DECLARED. After some consideration, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", declared an emergency and placed the following on the agenda for consideration: Agenda Item No. 7.a.-Consider Request to Adopt Resolutions Supporting Effort to use Toll Monies to Retire Indebtedness on the Ft. Worth-Dallas Toll Road; and, Agenda Item No. 15.a. -Consider Mayor Appointing a Representative to Area Wide Planning Advisory Committee for Water Pollution Control Planning. AGENDA ITEM NO. 2. -APPROVAL OF MINUTES - March 17, 1975. After some consideration, a motion by Councilman Binford, a second by Councilman McClung, all voting "aye", approved the minutes of the City Council meeting of March 17, 1975 after the following underlined words were added to the motion on page 1032, under the Agenda Item No. 7: After more discussion, Councilman McClung made a motion to grant the request for a Specific Use Permit for the excavation on the property located on the west side of Luna Road, approximately 524 feet south of Valley View Lane, in the area shown on the attached sketch only, as recommended by the Planning and Zoning Commission. Councilman Linn seconded the motion. The motion carried with Councilmen McClung, Linn, Flaherty and Quevreaux voting "aye", and Councilman Binford abstaining. Page 1041. AGENDA ITEM NO. 3. -CANVASS CITY ELECTION RETURNS AND PASS CANVASS ORDER RESOLUTION AND WEAR INTO OFFICE THE ELECTED CANDIDATES. Mayor Grimmer declared that one copy of the returns of the City election of April 5, 1975 for Councilmen for Places 1, 3 and 5, a poll list and tally list was delivered to him and has been in his possession until the present time. Mayor Grimmer declared that the following number of votes were cast for the following named candidates for the office of Councilman Place 1, to-wit: Name Number of Votes Cynthia Stanaland 120 Basil M. Weaver 70 Rodney G. Nelson 197 John D. Dodd 648 That the following number of votes were cast for the following named candidate for the office of Councilman, Place 3, to-wit: Name Number of Votes Kenneth Quevreaux 680 That the following number of votes were cast for the following named candidate for the office of Councilman, Place 5, to-wit: Name Number of Votes W. R. Linn 679 Mayor Grimmer declared the following: It appearing that JOHN DODD received a majority of the votes cast for the office of Councilman, Place 1 and he is hereby declared to be elected to said office to serve after qualifying until the regular municpal election in 1977, and until his successor shall have been elected and shall have qualified. It appearing that KEN QUEVREAUX, received a majority of the votes cast for the office of Councilman, Place 3 and he is hereby declared to be elected to said office to serve after qualifying until the regular municipal election of 1977, and until his successor shall have been elected and shall have qualified. It appearing that W. R. LINN, received a majority of the votes cast for the office of Councilman, Place 5 and he is hereby declared to be elected to said office to serve after qualifying until the regular municipal election of 1977, and until his successor shall have been elected and shall have qualified. Upon a motion by Councilman McClung, a second by Councilman Binford, all voting ';'aye" adopted a resolution canvassing the election returns of April 5, 1975 for Councilmen for: Place 1, John D. Dodd; Place 3, Ken Quevreaux, and, Place 5, W. R. Linn. Page 1042. Mayor Grimmer administered the oath of office to John D. Dodd as Councilman Place I, Ken Quevreaux as Councilman Place 3, and, W. R. Linn as Councilman Place 5. Mayor Grimmer presented a gift from the City Council to Ray Flaherty showing their appreciation for having served the City of Farmers Branch. Councilman Dodd gave a statement of appreciation to Ray Flaherty for the work he has done for the city. AGENDA ITEM NO. 4. - CONSIDER PROCLAMATION PROCLAIMING THE WEEK OF APRIL 13-19, 975 AS LIBRARY WEEK IN FARMERS BRANCH. Mayor Grimmer read a proclamation proclaiming the week of April 13-19, 1975 as Library Week in Farmers Branch, and invited all citizens to attend the dedication of the new Farmers Branch Manske Memorial Library on Saturday, April 12, at 2:00 P.M.. A motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", approved the proclamation and proclaimed the week of April 13-19, 1975 as Library Week in Farmers Branch. AGENDA ITEM NO. 5. - PRESENTATION OF SERVICE AWARDS. Mayor Grimmer presented rive year service awards to Cecil Chiles of the Police Department, Jimmy E . Jones of the Sanitation Division, and Albert Whitsel l of the Garage Division for their employment with the city. AGENDA ITEM NO. b. - PRESENTATION OF PROGRAM ON PRODUCTS OF COMBUSTION DETECTORS. City Manager Patil West stated that a slide program has been prepared by the Fire Department and the Building Officials office in relation to the requirements and the value of installing detectors of products of combustion in homes. The program will be available to interested groups in Farmers Branch to encourage the installation of detectors on a voluntary basis. A slide program on products of combustion detectors was presented. MAYOR GRIMMER RECOGNIZED BOY SCOUT TROUP NO. 737. ELECTION OF MAYOR PRO TEM A motion by Councilman Quevreaux, a second by Councilman McClung, all voting "aye", elected Councilman W. R. Linn as Mayor Pro Tem. AGENDA ITEM NO. 7. -DISCUSS DALLAS COUNTY BOND PROGRAM. Mayor Grimmer stated that the Central Highway Committee, the Citizens Coordinating Committee and the Dallas County Public Works Department are to present proposals to the County Commissioners for a street and road bond program. He stated that several programs had been presented and one was an increase in tax rate to attempt to take care of those roads and other surfaces in the County that needed rebuilding and updating. The $170, 000, 000. 00 program pt^oposed would be of very little benefit to the City of Farmers Branch. The property owners of Farmers Branch would pay an estimated $8,437, 500. 00 during the life of the program for projects estimated to cost $2, 597, 500. 00 Page 1043. A transparency of the map of the County proposal was displayed and discussed. Mayor Grimmer stated that 6010 or 61% of the money would be spend on improvements in the City of Dallas. The estimated costs for projects proposed for Farmers Branch were discussed. Councilman Linn read the following information: The County has estimated that the paving of Valley View Lane from Templeton Trail to Marsh Lane will cost $739,000.00. Applying our current prices with escalation factor results in an estimated construction cost of $445,000.00. If additional right of way is purchased at$5.00 per square foot, the additional right of way cost will be $135,000.00. This will result in a total cost -for right of way and construction of $580,000.00, according to the city's estimates versus the $739,000.00 estimate by the County. The County has estimated that Marsh Lane from Brookhaven to Belt Line Rood will cost $1,717,000,00. The citycost estimates indicate that this construction should cost $1,400,000.00. Half or this street is in Addison and half is in Farmers Branch. This results in a benefit to Farmers Branch of$700,000.00. The County has estimated that a three-lane bridge and road on Valley View Lane would cost $2,000,000.00. It is not known what road construction is involved in the construction of this bridge. Not more than 1/2 of the project can be assumed to be in Farmers Branch. This results in Farmers Branch receiving the benefit of not more than $1,000,000.00. The total of these projects which can be charged to Farmers Branch based on the County estimates is $2,597,500.00. The total based on the city estimates of current prices plus escalation factor is $2,280,000,00. Mayor Grimmer staffed that Commissioner Jackson asked for the Council's consideration and opinion on this item. There was more discussion of the program being of very little benefit to the City of Farmers Branch. After more discussion, Councilman McClung made a motion that the Commissioners be informed that under the conditions as presented to the City Council this date, the City of Farmers Branch rejects their tentative proposal. Councilman Quevreaux seconded the motion. The motion carried. Councilman Dodd abstained. Councilman Dodd abstained due to the fact of not having time to study the consideration AGENDA ITEM NO. 7.a. - CONSIDER REQUEST TO ADOPT RESOLUTION SUPPORTING EFFORT TO USE TOLL MONIES TO RETIRE INDEBTEDNESS ON THE FT. WORTH-DALLAS TOLL ROAD. Mayor Grimmer read a letter and a resolution sent to the Council from the Greater East Side Civic League in Fort Worth requesting support that upon the complete retire- ment of the bonded indebtedness, the Fort Worth-Dallas Toll Road become a free public road and part of the State Highway System. After some discussion, a motion by Councilman Binford, a second by Councilman McClung, all voting"aye", to lend support to the Greater East Side Civic League in Fort Worth by adopting an appropriate resolution prepared by the Administration to the fact that the City of Farmers Branch would favor that the Turnpike be turned over to the Texas Highway Department and become part of the State Highway System. Page 1044. AGENDA ITEM NO. 8. -CONSIDER RESOLUTION REQUESTING THE TEXAS HIGH- WAY DEPARTMENT TO REDESIGN THE INTERSECTION OF VALLEY VIEW LANE AND 1. H. 635. Mayor Grimmer stated that the proposed design of the intersection of I . H. 635, Spur 484 and Valley View Lane will cause several problems for traffic on Valley View Lane. This interchange is now in the design stage and changes are still possible. City Manager Paul West stated that Resolution No. 75-011 had been prepared for consideration requesting the Texas Highway Department to review and revise the proposed interchange plans at the intersection of Valley View Lane, Interstate Highway 635 and Spur 484, so as to provide the continued integral functioning of Valley View Lane for thebenefit of the area. Mr. West stated that there were property owners of this area present in support of the resolution. Mayor Grimmer asked if there was anyone present to speak on this item. The following spoke: Mr. Larry Craddock, Vice President of Thermal loy, Inc., requested for support of redesigning the intersection to give accessibility to Valley View Lane from I. H. 635. Mr. Frank Ceullar, President of Board for El Chico Corporation, requested support. He stated that there is much traffic on Valley View since it is just two lanes, and seeks the help of the Council for relief. Mr. Alvin Thomas, property owner in the area, stated that there was a traffic problem already in the area and suggested that the speed limit be reduced to 35 MPH to Luna Road. There was more discussion on the location of the proposed interchange. After more discussion, a motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", adopted the attached Resolution No. 75-011. AGENDA ITEM NO. 9. - PRESENTATION OF ACTIVITIES REPORT OF CITY SAN ITARIAN. Aside presentation was given dealing with the duties of the City Sanitarian prepared by the Building Inspection Division. AGENDA ITEM NO. 10. - SLIDE PRESENTATION ON TRUCK TRAFFIC PROBLEMS IN LIGHT INDUSTRIAL AREAS. REQUESTED BY BASIL WEAVER. Mr. Basil Weaver, member of the Planning and Zoning Commission, presented a slide presentation showing truck parking problems in light industrial areas that he has observed in other cities. Mr. Weaver gave the following points of proposal for future planning: The Administration and Traffic Engineers to come up with data on: I . How much radius does it take to turn a truck; 2. How wide should we make our driveways in Industrial areas; 3. How much maneuvering room should be required; 4. What should we make our street widths; 5. What should the curb radius be for left hand turns; 6. What should be the parking lot construction regulations (be sure the lot can support the weight). Page 1045. RESOLUTION NO. 75-011 WHEREAS, Valley View Lane is an important arterial street in Dallas County, and is indicated ` as such on Thoroughfare Plans of the City of Farmers Branch, is designated as a major arterial street in the Cooperative Plan For Thoroughfare Development prepared by Dallas County, Texas, and is also desig- nated as a thoroughfare street on a com- prehensive transportation plan prepared in the Dallas-Fort Worth Regional Transportation Study and; WHEREAS, It is believed that Valley View Lane will continue to serve as an important major arterial street which is beneficial to a large area of North Dallas County, and including several cities located therein; and, WHEREAS, The Texas Highway Department is now pre- paring plans for the construction of an extension to Interstate Highway 635 together with the plans for the construction of Spur 484, which show Valley View Lane inter- secting the interchange of these two freeways with serious restrictions on turning movements which can be made by traffic on Valley View Lane; and, WHEREAS, The continued functioning of Valley View Lane as a major thoroughfare requires substantial improvement with respects to the origin and destination permitted for both eastbound and westbound traffic on Valley View Lane; and, WHEREAS, The failure to accomodate the required turning movements in the original design will result in unreasonable expenditures for correction at a later date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: SECTION 1: The Texas Highway Department is hereby requested to review and revise the pro- posed interchange plans at the intersection of Valley View Lane, Interstate Highway 635 and Spur 484, so as to provide the continued integral functioning of Valley View Lane for the benefit of the area. SECTION 2: That copies of this Resolution be sent to the Governor, the State Senator representing Farmers Branch, the State Representative 1 representing Farmers Branch, the District Engineer of District 18 of the Texas Highway Department, the State Highway Engineer, each member of the Highway Commission, the Mayors of area cities affected by the routing of Valley View Lane and the County Judge. PASSED AND APPROVED, this 7th day of April A. D. 19 75 ATTEST: City cretary APPROVED: Mayor APPROVED AS TO FORM: 1 City Attorne The Council thanked Mr. Weaver for his informative presentation. AGENDA ITEM NO. 11. -CONSIDER ORDINANCE NO. 1059 AMENDING CODE OF ORDINANCES CHAPTER 19 AND REPEALING ORDINANCE NO. 322. Mayor Grimmer gave the following information: Ordinance No. 1059 is being presented for consideration, Because of the liability exposure to the City for allowing its streets and street right of way to be used in sales and soliciting type business transactions, Ordinance No. 322 was amended to prohibit the sale or soliciting of goods on city street right of way, except when incidental to a door to door type sales transaction in residential areas. Additionally, the investigation fee required before issuance of the permit was raised from$10.00 to $25.00. Also, the employer would be held responsible for violations of our peddlers ordinance when a minor employed by him is involved in violations of this ordinance. There was discussion of changing the fee from $10.00 to $25.00. After more discussion, Councilman Quevreaux made a motion to adopt the following captioned Ordinance No. 1059: Councilman Linn seconded the motion. The motion carried with Councilman Quevreaux, Linn and McClung voting "aye", Councilman Binford voting "nay", and Councilman Dodd abstaining. Councilman Binford opposed only to the fee change. Councilman Dodd stated that he abstained because he had not had time to study the matter. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, CHAPTER 19, PEDDLERS, ARTICLE I, IN GENERAL, MAKING IT UNLAWFUL TO USE CITY RIGHT-OF- WAY FOR PURPOSES OF SELLING OR SOLICITING; REQUIRING A PERMIT TO SELL OR SOLICIT WITHIN THE CITY; PROVIDING FOR AN INVESTIGATION FEE OF $25.00 WITH EXCEPTIONS; REQUIRING POLICE TO ENFORCE ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; FIXING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00);, REPEALING ORDINANCE NO. 322; REQUIRING EMPLOYER OF PEDDLER TO BE RESPONSIBLE FOR EMPLOYEES WHO ARE MINORS, VIOLATING THIS ORDINANCE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 12. - CONSIDER LEASE AGREEMENT WITH WILEY ALEXANDER FOR UNUSED PORTION OF ROCKMARTIN RIGHT OF WAY. City Manager Paul West stated that the lease agreement presented for consideration with Mr. Wiley Alexander of 3320 Rockmartin Drive provides for the use of a section of Rockmartin right-of-way adjacent to his property with the Marsh cemetery to the north and the Farmers Branch Creek to the west. Mr. West stated that this section is unused at this time and the agreement states that the lease shall terminate within 10 days upon notice by the city. Mr. Wiley Alexander, 3320 Rockmartin Drive, stated that he wanted the property for security of his own property, which to fence and keep the people out. A motion by Councilman Linn, a second by Councilman Binford, all voting "aye", approved the lease agreement and authorized the City Manager to sign the agreement with Mr. Alexander for the use of an unused portion of Rockmartin right of way. Page 1046. AGENDA ITEM NO. 13. - CONSIDER LICENSE AGREEMENT WITH KATY RAILROAD. City Manager Paul West gave the following information: The construction of the proposed new pump station will require that two water mains be placed underneath the tracks of the Katy Railroad. One of these mains will connect the Dallas transmission main in Denton Drive with the pump station. The second main will connect the pump station with a sixteen inch header in the Farmers Branch distribution system. A license agreement with the railroad is required for this construction. The railroad charges a fee of $450.00 for these license agreements. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", authorized the City Manager to execute a license agreement with the Katy Railroad. AGENDA ITEM NO. 14. - CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE DEVELOPERS OF FARMERS BRANCH OFFICE PARK ADDITION. City Manager Paul West stated that the Farmers Branch Office Park Addition is being developed at the northwest corner of Inwood Road and L.B.J. . At the time the property was platted there was a condkion to the platting which the developers agreed to install a IiFt station and force main for the sewer service in that area. Mr. West stated that there is a main that crosses the Interstate 635 coming from Dallas. The developers have approached the City of Dallas with the idea of going into the gravity flow into that sewer system. The City of Dallas has indicated a willingness to enter a contract with the Developers of this subdivision which would allow the Dallas sewer main to be used. The proposed agreement presented for consideration permits the developers to use the Dallas main under terms and conditions which protect the City of Farmers Branch if Dallas should require this use to be discontinued in the future. The agreement does not obligate the City of Farmers Branch to the City of Dallas. This agreement will not become effective until after the developer has negotiated a contract with Dallas and the City of Farmers Branch has approved the terms of that contract as being satisfactory for continued provision of sewer services. Mr. West stated that it was the recommendation of the City Administration that the proposed agreement be approved subject to the contract between the developers and the City of Dallas meeting those requirements that would guarantee the City of Farmers Branch would not ever have to pay for putting in that lift station and force main. After some discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", authorized the City Manager to execute an agreement for sewer service for the Farmers Branch Office Park Addition conditioned as recommended by the City Manager. AGENDA ITEM NO. 15. - CONSIDER REQUEST TO PARTICIPATE IN INITIAL PLANNING OF A SANITARY LANDFILL FOR NORTHWEST DALLAS COUNTY AND PORTION OF DENTON COUNTY. City Manager Paul West gave the following information: The Dallas County Department of Public Works has been investigating the possibility of purchasing a site of approximately 300 acres in this general area for use as a sanitary landfill site. The site would be jointly used by several cities in the northwest section of Dallas County and the southeast section of Denton County. Continuation of this investigation will require that a consultant be Page 1047. retained to conduct soil tests and to prepare an_ operations plan for the sanitary landfill. The County will participate in the payment of the consultant's fees and has requested that each city pay a pro rata share of those fees. Farmers Branch' s share is estimated to be $2,300.00, if all cities participate. The share could be higher if all cities do not participate in payment of the consultant's fees. Mr. West stated that the city has no other information concerning site location, or definite operating plans After some discussion, a motion by Councilman Quevreaux, a second by Council- man McClung, all voting "aye", tabled this consideration until the city receives further information. AGENDA ITEM NO. 15.a. - CONSIDER MAYOR APPOINTING A REPRESENTATIVE TO AREAWIDE PLANNING ADVISORY COMMITTEE FOR WATER POLLUTION CONTROL PLANNING. Mayor Grimmer gave the following information: The Governor has designated the Dallas- Ft. Worth area as being one having critical water pollution problems. The North Central Texas Council of Governments has been designated as the areawide planning entity to formulate a water pollution control and abatement plan as required by the Federal Water Pollution Control Act. The organizational structure requires an advisory committee to work with staff members of the planning agency (NCTCOG). The Mayor is requested to recommend individuals and organizations to serve on this advisory committee. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", appointed Councilman Bill McClung to serve on the Areawide Planning Advisory Committee, representing the City of Farmers Branch. AGENDA ITEM NO. 16. -CONSIDER AWARDING CONTRACT FOR WATER SUPPLY PUMPING UNITS FOR DENTON ROAD PUMP STATION. City Manager Pau West gave the following information: On April I, 1975, sealed proposals were received from Goulds Pumps, Inc., Worthington Pump Corp., and FMC Corp., Pump Division. Lowest negotiated price is $62,210.00 from Goulds Pumps. Delivery of equipment to be within 275 calendar days. Each bidder was required to furnish a guaranteed efficiency for the specified equipment. A value was assigned to each 1% in pump efficiency in order to more accurately compare difference in cost of equipment. The most efficient pumps are those proposed by Worthington Pump as reflected in the adjusted bid price shown on the Efficiency Calculation Sheet given to the Council. FMC Corp. stipulated its delivery time was contingent on shop drawing approval. It is anticipated such approval would require approximately 45 days making delivery on FMC equipment within 375 days. All bidders took exception to paying any liquidated damages in event of delivery delays. All bids received were reviewed and discussed. The delivery time and the bid price differences were discussed. After more discussion, Councilman Linn made a motion to award the bid to Worthington Pump Corporation for $63,488.00 as the best and lowest bid based on amounts adjusted for difference in efficiency, as recommended by the City Administration. Councilman McClung seconded the motion. The motion carried 3 to 2 with Councilmen Linn, McClung and Dodd voting "aye", and Councilmen Quevreaux and Binford voting "nay" . Page 1048. AGENDA ITEM NO. 17. - CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR DENTON ROAD PUMP STATION AND GROUND STORAGE TANK. City Manager gave the following information: Plans being prepared by Freese and Nichols, Consulting Engineers, are substantially complete. In order to have this facility in operation by summer 1976, construction must be initiated as soon as possible. The estimated cost for construction of the pump station and ground storage tank is approximately $580,000.00. Authorization for advertisement for bids for this pump station and ground storage tank is requested by the City Administration. After some discussion, a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", authorized the advertisement for bids for the Denton Road pump station and ground storage tank. AGENDA ITEM NO. 18. - CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR ADDITIONAL MATERIALS FOR THE WATERLINE REPLACEMENT PROGRAM. This item was deleted from the agenda. Mayor Grimmer asked if there was anyone in the audience who would like to speak. No one spoke. AGENDA ITEM NO. 19. -ADJOURNMENT. Upon a motion by Councilman Quevreaux, a second by Councilman McClung, all voting "aye", adjourned the City Council meeting of April 7, 1975 at 9:55 P.M.. May orge 46. i mer City Sr ry J. W. Wade Page 1049.