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1977-04-04 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR. MEETING April 4, 1977 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro Tem Bill Binford Councilmen: John Dodd Fred Johnson Ken Quevreaux W. R. Linn Gene Matthews The following members of the City Administration were present: City Manager Paul M. West City, Attorney Ray Hutchison City Secretary J. W. Wade Director of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of April 4, 1977 to order at 7:30 p. m. . AGENDA ITEM NO. 1. -INVOCATION J. W. Wade gave the invocation. DECLARING AN EMERGENCY After some consideration, a motion by Councilman Dodd, a second by Councilman Binford, all voting "aye", declared an emergency and placed the following items on the agenda: 13. A. Consider Authorizing the Advertisement for Bids for: 1. A 10 yard Dump Truck and a Mobile Pavement Breaker for the Waterline Replacement Program. 2. Two 5 yard Dump Truck for the Street Division. 3. Asphalt and Concrete for the Street Division. AGENDA ITEM NO. 2. -APPROVAL OF MINUTES - March 21, 1977 After consideration and changes made, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", approved the minutes of the City Council meeting of March 21, 1977 with the following corrections: On page 135 correct the spelling of the name Marci Rosenberg in Agenda Item No. 3. On page 141 under Agenda Item No. 9, let the seventh paragraph of that page read, "Councilman Binford stated that he was concerned because in the minutes of the Planning and Zoning meeting it mentions that this is the first building of this type to be erected by First Federal Savings & Loan in the State of Texas. On page 144 under Agenda Item No. 10, add the Vol. 27, Page 149. the following paragraph after the second paragraph on that page, " Council- man Quevreaux directed a question to Mr. Bailey whether Brookhaven Medical Services Corporation have any intentions to grant fee simple title on the land relating to the parking lot in exchange for the air rights, and Mr. Bailey replied no. " AGENDA ITEM NO. 3. -CANVASS CITY COUNCIL ELECTION OF APRIL 2, 1977 RETURNS. Mayor Grimmer declared that one copy of the returns of the City election of April 2, 1977 for Councilmen Places 1, 3 and 5, a poll list and tally list was delivered to him and has been in his possession since the closing of the polls. 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 John D. Dodd 421 Ray Flaherty 1 That the following number of votes were cast for the following named candidates for the office of Councilman, Place 3, to-wit: Name Number of Votes Ken Quevreaux 373 A 1 Korioth 1 Carol Dingman 1 That the following number of votes were cast for the following named candi- dates for the office of Councilman, Place 5, to-wit: Name Number of Votes Eugene F. Matthews 392 Carol Dingman 2 A 1 Korioth 1 William R. Mattinger 1 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 serve after qualifying until the regular municipal election in 1979, and until his successor shall have been elected and shall have qualified. It appearing that KEN QUEVR.EAUX, 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 1979, and until his successor shall have been elected and shall have qualified. It appearing that EUGENE F. MATTHEWS, 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 muni- cipal election of 1979, and until his successor shall have been elected and shall have qualified. Vol. 27, Page 150. A motion by Councilman Johnson, a second by Councilman Binford, all voting "aye", adopted a resolution accepting the canvass of the votes and acknowledging the election of the three Councilmen. Mayor Grimmer presented retiring Councilman William R. Linn with a certificate for serving on the City Council from April 7, 1969 until April 4, 1977; and, a certificate for serving as Mayor Pro Tem from October 20, 1969 to April 19, 1976. Mayor Grimmer also presented Mr. Linn with a gift of appreciation from the City Council for his long and faithful ;years of service to the City. Mayor Grimmer administered the oath of office to: John D. Dodd as Councilman Place 1; Ken Quevreaux as Councilman Place 3; and, Eugene F. Matthews as Councilman Place 5. Mayor Grimmer issued certificates of election to the three Councilmen. Mayor Grimmer welcomed Councilman Matthews to the Council and presented a City Council pin to him. AGENDA ITEM NO. 5. - ELECT MAY013 PRO TEM.. Councilman Quevreaux nominated Bill Binford to serve as Mayor Pro Tem. Councilman Johnson seconded the nomination. The vote was unanimous. Councilman Binford abstained from voting. AGENDA ITEM NO. 6. - PRESENTATION OF SERVICE AWARD. Mayor Grimmer presented a 15 year service award to Roy Mathis of the Utilities Department for his employment with the city. AGENDA ITEM NO. 7. -PUBLIC HEARING: REQUEST FOR SPECIFIC USE PERMIT FOR. A PRIVATE CLUB IN A LIGHT INDUSTRIAL ZONING DISTRICT. REQUESTED BY DROVER SMOKEHOUSE FOR. THE PROPERTY LOCATED AT 2361 VALWOOD PARKWAY. Mayor Grimmer opened the public hearing. Section 8-104 of the city's zoning ordinance requires a specific use permit to operate a private club in a light industrial zoning district. Section 8-700 (127) defines a private club. Mr. Leddie Taylor, Mr. Dave Folsom, and Mr. Ronnie Rhodes were present in behalf of the request of Drover Smokehouse. Mr. Taylor presented the request for a specific use permit to operate a private club in order that the Drover Smokehouse may sell beer only with the barbecue menu. The restaurant is a barbeque restaurant with cafet,6ria style service located on Valwood Parkway on the northeast corner of I. H. 35 service road. The property, 2361 Valwood Parkway, is located in a Light Industrial Zoning District. Drover Smokehouse is undergoing Vol. 27, Page 151. an expansion program at the present time that will hold a seating capacity of approximately 155 people. Mr. Taylor stated that under "the Texas Law permits someone that complies with all the city requirements to apply and secure from the County Clerk a certain type of license of sell alcoholic beverages in a private club. The license that Drover Smokehouse is asking under this Specific Use Permit is to sell beer and wine. Under the state law certain items are combined to get a certain type of permit, and that is the reason the liquor license Drover Smokehouse seeks, states beer and wine. It is the intent of Drover Smokehouse to sell beer only and will sell no wine on the premises. Mr. Taylor stated that they propose to sell draft beer and 2 or 3 kinds of bottle beer, and only when food is ordered. He stated this would be on the premise consumption and no carry-out. He stated the hours of operation of the restaurant would, be from 11:00 .A. M. until 9:00 P. M,, Monday through Saturday. The restaurant will be closed on Sunday. Mr. Taylor stated that the restaurant owners have had many requests from their customers whoo desire to drink beer with their barbecue. The bulk of their business (80%) is during the noon time meal. Mr. Taylor stated they feel the evening and weekend business is slow because of the people wanting to go to a'place that does sell beer. He pointed out that there are several restaurants in Farmers Branch and Carrollton that do have private clubs. Mr. Taylor stated that the operation of the club would have to be incompliance with the State law, memberships would have to be sold. They propose there would be a $5.00 permanent membership and a $2.00 temporary membership available. Mr. Taylor stated that there would be a membership and review committee to screen applications. The permanent membership is for one year and the temporary member- ship is good for 3 days. The temporary membership allows only one guest that may be served beer, while the permanent member may have as many that come with him. Mrs. Taylor stated that only one person has indiraterl any lrinrl of ob ection and he did not object to the selling of the beer but was concerned of the possible increase of traffic on Valwood Parkway where he lived and had small children. Mayor Grimmer asked if there was anyone in the audience wishing to speak in favor of the request? No one spoke. Mayor Grimmer asked if there was anyone in the audience wishing to speak in opposition to the request? No one spoke. Mayor Grimmer stated that the Planning and Zoning Commission recommended that the request be denied. Vol. 27, Page 152. A motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", closed the public hearing. Councilman Quevreaux spoke in concern of how the membership is to be policed since the restaurant is cafeteria style serving. Mr. Taylor remarked that the beer would be served by a particular individual and that individual would be responsible for checking the membership card. This particular individual would be stationed by the cashier. Councilman Quevreaux stated that he thinks the membership could be better policed if there was only one waitress that would do nothing but wait: on the customers ordering beer at the table and that waitress check the membership and serve the beer. Mr. Folsom, one of the owners and the operator of the Drover Smoke- house, stated that he had even thought of having a place for registration by the front door in order to check for membership. Upon discussion between Councilman. Quevreaux and Mr. Taylor concerning the selling of beer only, Mr. Taylor stated that no wine or any other alcoholic beverage other than beer will be sold. Councilman Dodd spoke in concern of the voters referendum on whether citizens of Farmers Branch desired to become "wet" or stay "dry" (as to alcoholic beverages being sold in Farmers Branch), and the citizens voted to stay "dry". Mr._ Taylor pointed out that Vincent's Seafood Restaurant received a specific use permit since the referendum. Councilman Johnson and Mr. Taylor discussed legislation that created the licensing procedures for private clubs. The main topic discussed concerned the operation of private clubs on a non-profit basis. Councilman Johnson was concerned about the procedure of getting a 'temporary membership and at the time of applying for membership being able to secure one and then being able to buy beer. Councilman Johnson stated that he believes that this type of membership procedure does violate the intent of the Act. Mr. Taylor gave his opinion on the inter pretaticn of the Act which was different of that of Councilman Johnson. Mr. Taylor stated that it was his opinion that the Act meant that the benefit the member was going to get for paying the money, was that he would be able to consume beer or whatever the permit was far. Mr. Taylor also stated that it was his opinion that the Act meant that the private club could not make a profit in the running of the operation of the club itself, like; charging an exorborant amount for the membership: Vol. 27, Page 153. City Attorney Ray Hutchison stated that it was his opinion that private clubs cannot operate at a profit. Councilman Matthews asked Mr. Taylor if it was state law to require food consumption when consuming the beer:? Mr. Taylor replied that this was not state law but would be a requirement in order to order a beer you have to order food at the same time. There was discussion on the procedures of issuing a permanent member- ship and that of a temporary membership. There is no waiting period on the temporary membership but is limited to three days. There is a waiting period of 3 days on a permanent membership. After more discussion, Councilman Johnson made a motion that the request be denied. Councilman Dodd seconded the motion. The motion failed 3 to 2. The vote was: Councilmen Binford, Quevreaux and Matthews voting "nay", and Councilmen Johnson and Dodd voting "aye". Councilman Quevreaux discussed with the City Attorney several-stipulations that he would like to be placed on the Specific Use Permit if it was granted. The stipulations discussed were: (1) Having a specified person waiting on tables, checking the membership and serving the beer; (2) The serving of beer only; (3) The beer to be served at the tables only; (4) Beer may be sold only during the hours of 11:00 A. M. and 9:00 P.M. on the days of Monday through Saturday of each week; (5) The beer is to be served with food only. Councilman Johnson pointed out that the State and City sales tax is not applicable to beer when sold separately but is applicable to beer when served with meals. Beer is only taxable if served with food. Councilman Quevreaux made a motion that the Specific Use Permit for a private club in a Light Industrial Zoning District,as requested by Drover Smokehouse for the property at 2361 Valwood Parkway, be granted with the stipulations mentioned above; and instructed the City Administration to prepare an amending ordinance for this particular Specific Use Permit. Councilman Binford seconded the motion. The motion carried 3 to 2. The vote was: Councilmen Quevreaux, Binford and Matthews voting "aye's, and Councilmen Dodd and Johnson voting "nay". AGENDA ITEM NO. 8. -PUBLIC HEARING: CONSIDER. REQUEST FOR SPECIFIC USE PERMIT TO OPERATE A BATCHING PLANT IN A LIGHT INDUSTRIAL ZONING DISTRICT. REQUESTED BY FREEWAY READY- MIX FOR THE PROPERTY LOCATED AT 1480 WEST VALLEY VIEW LANE. Mayor Grimmer opened the public hearing. Mr. Jim Cummings with Freeway Ready-Mix was present and presented the request for a Specific Use Permit for the purpose of providing parking area for employee vehicles and equipment of the company. Vol. 27, Page 154 Freeway Ready-Mix operates a batching plant (legal nonconforming use) on a 2.5 acre tract ,at 1480 West Valley View Lane. The property is located in a Light Industrial Zoning District. In June of 1975, Freeway Ready-Mix purchased an additional 4.10 acre tract east of the original site. Mr. Cummings stated that the tavo conditions placed in the motion for approval by the Planning and Zoning Commission were agreeable to them. Mr. Cummings stated that they want to park the employees cars on this property during the day and park their equipment on the property during the night. Mayor Grimmer stated that the Planning and Zoning Commission recommended that the Specific Use Permit for a batching plant in a light industrial zoning district be granted with two conditions: 1. Property be used for operable vehicle parking only. 2. The greenery and shrubbery along the northern end of the 4.10 acre tract not be removed. Mayor Grimmer asked if there was anyone in the audience wishing to speak in favor of the request ? No one spoke. Mayor Grimmer asked if there was anyone in the audience wishing to speak in opposition to the request? The following spoke: Mr. Miquel Quinn, 5912 Aval Way in Dallas, employed and representing the firm of Day and Elliott which in turn represents Mr. Ron Honea, who owns the property with Mr. Jack Holman, stated that Mr. Honea and Mr. Holman own. some property on Luna Road not to far from the property in question, were concerned for the future development of the surrounding property. Mr. Quinn stated that Mr. Honea is concerned about the presence of the batching plant in that area and its general impact on the overall development in this region. He stated that batching plants create alot of dust and Mr. Honea wonder's whether this will have an impact on the future development for this area. He stated that Mr. Honea is inclined to think that the presence of a ready mix plat is inconsistant with the fulfill- ment of development of light industrial operations planned for the area; and that it would discourage that general kind of development. He stated that Mr. Honea thinks that by permitting this parking area at this time will later encourage the continuation and possibly expansion of the ready- mix plant. Mr. Quinn cited several examples where similar plants have continued to be in operation in a developed area, such as Forest Lane at North Central Expressway. Mr. Quinn stated that his clients were not opposing the parking request but did oppose the encouragement of possible expansion of the ready-mix operations. Vol. 27, Page 155. With no one else indicating the desire to speak on this subject, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye closed the public hearing. Councilman Binford asked Mr. Cummings where on the property do- the employees park, and how many employees work on the site? Mr. Cummings replied that the employees park on the property that is in question, the 4.10 acre tract, which the city pointed out to him was in violation. Mr. Cummings stated that there is about 10 to 20 vehicles belonging to the employees. Councilman Binford stated that he was concerned about the possibility of the operation expanding on the 2.5 acre tract if vehicles were permitted to leave this site and park on the 4.10 acre tract. Mr. Cummings stated that they cannot erect any additional batching equip- ment without a permit. Councilman Dodd asked whether the present equipment could service more trucks if they had the additional parking area. Mr. Cummings replied that they could but have informed the city they would not. He stated that they suggested they be limited to the number of vehicles that could park on the property, something like 25 or 30. Councilman Dodd asked whether there was a pollution problem and what type of controls is there? Mr. Cummings stated that the Texas Air Quality Control Board sends someone by every 30 to 120 days. He stated he assumes the plant is in compliance because they have never received a citation. Mr. Cummings stated their biggest problem is the dust coming from the trucks leaving the area. Councilman Johnson asked whether the 4.10 acre tract is going to be paved? Mr. Cummings stated that they do not plan to pave it. There was more discussion on the paving of this tract. There was discussion between the members of the Council and the City .11LLVr31Cy on the wording Ul tR applll;it11o111M1Tt~13that o ll f Ie ordinance that CL had been prepared. After more discussion, a motion by Councilman Dodd, a second by Councils man-i Johnson, all voting "aye", delayed the decision at this time on this item in order for the City Attorney to properly reword the ordinance to coincide with the application with the proper conditions; and, be presented later on in the meeting for further consideration. Vol. 27, Page 156. AGENDA ITEM NO. 9. -CONSIDER. FINAL PLAT APPROVAL OF BR.OOKHAVEN MEDICAL CENTER., PHASE III, PROPERTY LOCATED AT WEBB CHAPEL AND L. B. J. FREEWAY. REQUESTED BY BR.OOKHAVEN MEDICAL SERVICES CORPORATION. Information from a memo to the City Council from the City Administration: Brookhaven Medical Services Corporation and the Farmers Branch Hospital Authority are jointly platting approximately 16.5 acres near the northeast intersection of Webb Chapel Road and L. B. J. Freeway. The plan has been reviewed by the City Administration and it complies with the approved street plan, site plan, and developer's contract for the property. Mr. Bill Hood was present representing Mr. Jack Bailey who was out of town. Councilman Binford asked whether this plat would have any effect on the street plan that has not been resolved as of ,yet. City Manager Paul West stated that he did not think this plat would effect any future street plan that the Council might desire to adopt. He stated that the street plan in this plat would have to be included in almost any street plan that is adopted. Councilman Dodd stated that there is a traffic problem and the street plan for the area has not been resolved and until this is worked out he thinks further planning should not be made. Councilman Quevreaux made statements of being confused of what property is owned by whom. Councilman Dodd asked Mr. Hood whether he was representing the Hospital Authority or the developer. Mr. Hood answered that he was representing the developer. Councilman Quevreaux stated that he would like to see a blown up map of the City of Farmers Branch showing the exact property owned by the Hospital Authority, and the exact property owned by the rest of these corporations, and the map to show the exact size of the tracts of this property. After more discussion, Councilman Quevreaux made a motion to table this item until the Council receives further information- Councilman Dodd seconded the motion. The motion carried 4 to 1. The vote was: Councilmen Quevreaux, Dodd Binford and Matthews voting "aye", and, Councilman Johnson voting "nay". Councilman Quevreaux also requested information on how much property has been illiminated from the tax rolls from the Authority Vol. 27, Page 157. Councilman Johnson asked Mr. West whether there has been any additional taxable property surrendered since the Hospital Authority was created. Mr. West answered that there has not to the best of his knowledge. AGENDA ITEM NO. 10. -CONSIDER ACCEPTANCE OF UTILITY EASEMENT FROM BROOKHAVEN MEDICAL SERVICES CORPORATION. City Manager Paul West that the easement being presented for consideration is nei4ded. It continues the city's trunk.water main around this specific area which will benefit not only this property but all the surrounding property. Mr. West stated that one of the provisions in the Developer's Contract for Brookhaven Medical Center is that the developers install a 12" water main on the south side of the hospital to a connection with existing city main at Templeton Trail. Mr. West stated this would be installed at the expense of the developer. After some discussion, a motion by Councilman Dodd, a second by Council- man Quevreaux, all voting "aye", accepted the utility easement from Brookhaven Medical Services Corporation. AGENDA ITEM NO. 11. -CONSIDER SITE PLAN APPROVAL. REQUESTED BY DALLAS COUNTY COMMUNITY COLLEGE DISTRICT FOR BROOK- HAVEN COMMUNITY COLLEGE. ' Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: Brookhaven Community College is located in the PD-20(R-3) zoning district at the northeast corner of Marsh Lane and Valley View Lane. A specific use permit has been issued for a junior college use. The zoning requires site plan approval prior to additional improvements being made on the property. Dallas County Community College District would like to erect a windmill on the Brook- haven site. Mr. Deon Holt with Dallas County Community College District was present and presented the request for site plan approval for the erection of a wind- mill. Mr. Holt stated that at the time Brookhaven College was designed there were plans for ' locating a windmill on the campus and since that time a location has been established. The location of the windmill is on the very center court right in the center of the buildings on the campus. Mr. Holt said that the windmill will be a wind generator element that would provide a modest amount of power for use of the college. Mr. Holt stated that a definite color has not been yet selected but probably would be of a nuetral color. After some discussion, a motion by Councilman Binford, a second by Councilman Dodd, all voting "aye", approved the site plan for the location of the windmill on the Brookhaven Junior College property. Vol. 27, Page 158. AGENDA ITEM NO. 12. -CONSIDER REQUEST FOR. CIVIC AND PHILANTHROPIC USE. REQUESTED BY ASSOCIATED SPORTS TO PLACE TEMPORARY CONCESSION STANDS AT SHOWMAN T PARK AND OR.AN GOOD PARK. Mrs. Don Harvey, president of the Parents Auxiliary for the Associated Sports, was present and presented a request to place one temporary concession stand at Showman Park, and two temporary concession stand-S at Oran Good Park. Mrs. Harvey stated that they had been granted permission to schedule Saturday and Sunday games at Don Showman Park. They have been unsuccessful in working out an agreement with Little League to use their stands. The coneession stand at Showman will be placed on the park on Friday afternoon prior to the game on Saturday and then removed on Monday. Mrs. Harvey stated that the Dr. Pepper Company is going to provide them with one of their metal concession stands and will be served from the inside. After some discussion, a motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", adopted Resolution No. 77-016 granting permission to Associated Sports to place temporary concession stands on Don Showman Park and on Oran Good Park. AGENDA ITEM NO. 13. -DISCUSS TRAFFIC SIGNAL AT MIDWAY ROAD AND SPRING VALLEY ROAD. REQUESTED BY MS. LINDA GANT, 4010 BROOKHAVEN CLUB DRIVE. Ms. Linda Gant, 4010 Brookhaven Club Drive, stated that she asked to appear before the Council to acquaint them with a traffic problem at the intersection of Midway and Spring Valley Roads. She stated that during the evening rush hour of 4:30 P.M. and 5:30 P.M., to turn left off Midway onto Spring Valley there is sometimes a waiting period of at least 10 to 15 minutes. She stated her problem was when she would be going north on Midway then left on Spring Valley. She also stated that the people coming south have the same problem. She stated that only 2 and some- times 3 cars can turn during a green light, and that sometimes cars are stacked back to the Treasury. She requested that left turn lanes be installed. Ms. Gant stated that she had contacted the City of Addison and they told her that they would be glad to put up a left turn signal but they couldn't do it for it would have to be a joint venture between Farmers Branch and Addison. City Manager Paul West stated that the light was installed for Addison by forces of Farmers Branch. He stated that the intersection itself is in Addison. Mr. West stated that the intersection is the responsibility of the City of Addison but would take some lane changing in Farmers Branch as well as in Addison. Vol. 27, Page 159. City Manager Paul West stated that he would have his staff contact Addison and see what could be worked out and would report back to the Council. AGENDA NO. 8. - CONTD. SPECIFIC USE PERMIT REQUEST OF FREEWAY READY -MIX., INC. City Attorney Ray Hutchison read the changes he had made in the ordinance to coincide with that of the request on the Specific Use Permit of Freeway Ready-Mix, Inc. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", adopted the following captioned Ordinance No. 1132: 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 A SPECIFIC USE PERMIT TO FREEWAY READY-MIX, INC. FOR. PARKING AREA FOR. EMPLOYEE AND EQUIPMENT PARKING IN A LIGHT INDUSTRIAL ZONING DISTRICT AT 1480 WEST VALLEY VIEW LANE; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS FOR. EACH OFFENSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 14. -PRESENTATION OF WATERLINE RE- PLACEMENT PROGRAM. A slide program was presented showing the problems occuring in the city with the existing cast iron water mains. AGENDA ITEM NO. 15. -PUBLIC HEARING: TO CONSIDER. THE EXPENDITURE OF REVENUE SHARING FUNDS. Mayor Grimmer opened the public hearing. He stated that the new regulations issued by the Office of Revenue Sharing require a public hearing on the expenditure of funds on hand or received after January 1, 1977. This hearing will cover the $74, 586.00 on hand and the $272, 351.00 the city will receive during Entitlement Period #8. Mayor Grimmer asked if there was anyone in the audience wishing to speak on this subject giving their recommendations ? The following s poke: E i i P Vol. 27, Page 160 Mrs. Carol Dingman, 3605 Tanglewood, asked questions concerning the various aspects of the cost for the waterline replacement program during the next 7 years. Also, what would be the estimate of savings in dollars if the program was completed in seven years. Mrs. Dingman stated that she saw the pressing needs for the waterline program but hated to see the Revenue Sharing Money committed totally for the next seven years. Mrs. Dingman opposed of spending all of the $346, 000+ on Waterlines this year. She suggested spending it or some of it on ball parks or whatever has been requested from other citizens. The Council and City Manager answered the questions asked by Mrs. Dingman. Mrs. Elaine Brueckner, 2806 Golfing Green, stated that she was a registered nurse currently practicing in the Community Health Nursing field, and that she was representing the Farmers Branch Health Advisory Committee. Mrs. Brueckner presented the following two recommendations from the Farmers Branch Health Advisory Committee: 1. That the money be spent for the development of a paramedical program, in Farmers Branch sponsored by the city and other available funds. That the feasibility study not be done because programs of this type has proven that this type of program isn't worth while in light. 2. This second recommendation is kind of an or situation. That possibly this program could be done by contractual agreement between the City of Carrollton and the City of Farmers Branch. The city could use Carrollton's facilities. The city could provide for employment and train of people possibility for a definite period Af time to find out if it is the program that the city would be interested in in starting and in maintaining. Mr. Brueckner stated that the Farmers Branch Health Advisory Committee feels that this is a worthwhile life saving use of the Federal Revenue Sharing money. Mrs. Brueckner presented some cost figures on the programs of ( Carrollton and Irving. According to Mrs. Brueckner which received her information from a news paper article, Carrollton currently has four paramedics and the salaries amount to $55, 680.00 and the equipment Vol. 27, Page 161. r and training amount was $50, 500. 00. This was for the period of eleven months. According to Mrs. Brueckner, Irving has a much larger program to become effective in March, 1978. Their equipment is about the same as Carrollton's in the amount of $55,142.00 plus an ambulance in the amount of $75, 000. 00. 'Ihere was .&c:ussion on possible mal-practice suits filed against the city, and of the fact of the unavailability of insurers for doctors and interns, etc. There was discussion of the fact that the City and Brookhaven Hospital were working toward a feasibility study on paramedical services which at this time has been tabled by the Hospital until they get their emergency facilities completed. Mr. Barney `]`rood of the Parks and Recreation Board, stated that the Parks and Recreation Board recommends that the Revenue Sharing funds be allocated on a fair basis through the area of parks; would like to expidite the full development of the Oran Good Park, Cox Park and Pepper Park areas, as well as the other parks in Farmers Branch. There being no one else wishing to speak on this subject, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye" closed the public hearing. After some discussions on the items recommended by participants from the audiende and discussion of the need for the waterline replace- ment program, Councilman Johnson made a motion to authorize the City Administration to utilize the present Revenue Sharing funds totaling $74, 586.00 and the Revenue Sharing funds to which we are entitled for the period during the continuance of this fiscal year totaling $272,351. 00 for a total amount of $346,937 for the Waterline Replacement Program expenses. Councilman Dodd seconded the motion. The motion carried 4 to 1. 'The'vote was: Councilmen Johnson, Dodd, Binford and Matthews voting "aye", and Councilman Quevreaux voting "nay". Councilman Quevreaux opposed because he was not convinced that all the money should go for the one item. Councilman Johnson d.iExMissed himself from the meeting at this time 10:07 P.M.. He was going out of town on business. Vol. 2 7, Page 162. AGENDA ITEM NO. 16. -CONSIDER. APPROPRIATING FUNDS RECEIVED BECAUSE OF SUCCESSFUL CONCLUSION OF TAX SUIT AGAINST IMPORTERS. Mayor Grimmer stated that as a result of winning the tax suit against the importers, the city received $229, 890.34. This revenue was not anti- cipated in the 1976-77 budget because it was not known when the city would collect it. Councilman Matthews inquired whether the various advisory boards are asked by the Council for recommendations when money is available like this. Mayor Grimmer replied that this was a rare occasion and the boards had not be asked for recommendations at this time. He stated that it was planned this year to have input from the boards and the public prior to the adoption of the budget. City Manager Paul West requested the Council to consider the appropriation of funds for the purchase of a rebuilt radio transmitter in the amount of $1, 300.00 for it was urgently needed. Mr. West explained that the city had a low frequency radio transmitter that is being used by all the depart- ments except for the Police and Fire Departments that is approximately 25 years old which is very bad condition. which is beyond any more repairs. Councilman Binford made a motion to table the consideration of this item in order to explore other options for the money to be spent. Councilman Dodd seconded the motion. Councilman Dodd withdrew the second to the motion. Councilman Binford withdrew his motion. Councilman Binford made a motion to authorize the appropriation of funds in the amount of $1, 300.00 of the $229, 890.34 for the purchase of a rebuilt radio transmitter; and, table the action on the remaining $228, 590.34 until further options are explored. Councilman Dodd asked to arrienU trle motion to a thca , the various advisory boards, such as the Library, the Parks & Recreation Board, etc., be asked for specific input-for the Council to also consider. Councilman Binford objected to the inclusion of that of Councilman Dodd because he believes that would have come automatically with other options as worded in the motion. Councilman Binford's motion dies for the lack of a second. City Attorney Ray Hutchison stated that Ordinance No. 1133 is prepared where the Council can fill in the appropriations they so desire. Vol. 27, Page 163. Councilman Binford made a motion to adopt Ordinance No. 1133 for the following purposes and in the following amounts, to-wit: Purpose Amount Appropriated Acquisition of Low Frequency Radio Transmitter $1,300.00 Unallocated Reserve Pending $228, 690.00 Further Appropriation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE 1976-1977 BUDGET; INCREASING THE ANTI- CIPATED REVENUES OF THE CITY AND APPRO- PRIATING FUNDS FOR. CERTAIN PURPOSES; AND AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR. BIDS THEREFOR. Councilman Dodd seconded the motion. All voted "aye Councilman Binford made a motion to table the consideration of the appropriation of the unappropriated amount of $228, 590. 34 for further exploration of other options. Councilman Dodd asked 'whether he would accept adding to the motion for further input from various boards, interested citizens and other sources, Councilman Binford refused to add this to the motion. City Attorney Ray Hutchison explained that by adopting Ordinance No. 1133 appropriating just the sum of $1, 300.00 that this leaves open the unappropriated amount. Councilman BinfordIs motion dies for the lack of a second. Councilman Dodd made a motion that this consideration be brought forth at the next Council meeting and to have input from all interested citizens, the city staff, all boards such as the Library Board, the Parks and Recreation Board, etc., and determine at the next Council meeting where to spend the money. Councilman Matthews seconded the motion. The motion failed 3 to 2. The vote was: Councilmen Dodd and Matthews voting "ayeP1, and Councilmen Binford and Quevreaux voting "nay", and with Mayor Grimmer voting "nay" breaking the tie, vote. Councilman Quevreaux expressed his desire to consider the options that the Council has already been given. The options given to the Council by the Administration were reviewed. Vol. 27, Page 164. Additional options were mentioned by the Council. Items mentioned were: (1) the moving of the playground equipment from Cinderella Park; (2) the T. M. R. S. Employee Reinstatement; (3) Paramedic Program; and, (4) repainting of the water tower. Councilman Matthews stated that he would like to have more informa- tion concerning a paramedic program for Farmers Branch. City Manager Paul West stated that if it was the desire of the Council, the City Staff could gather information on a paramedic program. Mr. West stated that he would discuss a time period in making this report to the Council at the next meeting. After much discussion on various aspects of the options that were given to the Council, Councilman Quevreaux made a motion to make the following appropriations: Street Maintenance in amount of $75,000.00 Park Improvements in amount of $120,000.00 Library in amount of $26,000.00 Unappropriated Reserve in amount of $ 7,500.00 Councilman Matthews seconded the motion. The motion failed 3 to 2. The vote was: Councilman Quevreaux and Matthews voting "aye", and Councilmen Binford and Dodd voting "nay" and with Mayor Grimmer voting "nay" breaking the tie vote. Councilman Binford made a motion to table any further action on the appropriation of the unappropriated funds. The motion died for the lack of a second. Councilman Dodd made a motion to table this item for two weeks and check with all the interested citizens, boards, etc. for additional input. The motion died for the lack of a second. After more discussion, Councilman Dodd made the motion to table the consideration for two weeks. Councilman Binford seconded the motion. The motion carried 3 to 1. The vote was: Councilman Dodd, Binford and Matthews voting "aye", and Councilman Quevreaux voted "nay" AGENDA ITEM NO. 17. -CONSIDER. AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL MAINTENANCE AGREEMENT WITH BROOK- HAVEN COUNTRY CLUB. Mayor Grimmer gave the following information from a memo to the City Council-from the City Administration: In September of 1971 the City entered into a mutual maintenance agreement with Brookhaven Country Club for Brookhaven Club Drive. The agreement was to extend for t Vol. 27, Page 165. Club for Brookhaven Club Drive. The agreement was to extend fir no less than five years. The Administration would like for the City to enter into another five year agreement with Brookhaven to maintain the median. The only difference in this agreement and the last one is the city will be providing the water used for the irrigation system. After consideration, a motion by Councilman Dodd, a second by Council- man Matthews, all voting "aye authorized the City Manager to execute a mutual maintenance agreement with Brookhaven Country Club. AGENDA ITEM NO. 18. - CONSIDER. ADOPTING ORDINANCE NO. 1131, AN ORDINANCE AMENDING THE MINIMUM HOUSING CODE OF THE CITY OF FARMERS BRANCH. City Manager Paul West stated that the ordinance being presented was ratifying the action of the City Council at the last Council meeting. Ordinance No. 1131 has been prepared amending Ordinance No. 1038, the Minimum Housing Code of the City of Farmers Branch so as to delete the requirement for heating facilities capable of maintaining a room temperature of 70 degrees Farenheit at a point 3 feet above the floor in all habitable rooms. The ordinance only requires every dwelling unit and guest room be provided with heating facilities. After some consideration, Councilman Matthews made a motion to adopt the following captioned Ordinance No. 1131: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NUMBER 1038 OF THE CITY OF FARMERS BRANCH, KNOWN AS THE MINIMUM HOUSING CODE OF THE CITY OF FARMERS BRANCH; BY AMENDING SECTION VII, PARAGRAPH (1), HEATING; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS FOR. EACH OFFENSE; AND DECLARING AN EMERGENCY. Councilman Dodd seconded the motion. The motion carried 3 to 2. The vote was: Councilman Quevreaux and Binford voting "aye", and Councilmen Matthews and Dodd voting "aye" with Mayor Grimmer voting --aye" breaking the tie vote. AGENDA ITEM NO. 18.A. - CONSIDER" AUTHORIZING THE ADVERTISE- MENT FOR. BIDS FOR. : 1. A 10 yard Dump Truck and a Mobile Pavement Breaker for the Waterline Replacement Program. 2. Two 5 yard Dump Trucks for the Street Division. 3. Asphalt and Concrete for the Street Division. City Manager Paul West stated that the City Administration would like to recommend that the Council authorize the advertisement for bids for Items 1 and 3 mentioned above because of the need for the Waterline Replacement Program which funds were authorized previously from the Revenue Sharing funds. Vol. 27, Page 166. After some consideration, a motion by Councilman Matthews, a second by Councilman Binford, all voting "aye", authorized the advertisement for bids on Item No. 1.- A 10 yard dump truck and a mobile pavement breaker and on Item No. 3. -Asphalt and concrete for the streets. OTHER. COMMENTS Mrs. Carol Dingman commented that she was pleased with the interest shown and the action taken by the Council on subject of the paramedic matter. MAYOR GRIMMER ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAD BEEN CONCLUDED. AFTER A SHORT RECESS THE COUNCIL WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER. THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. Mayor Grimmer explained that Article 6252-17, Section 2 of the open meeting law provided that such items as personnel matters, land acqui- sition and pending and contemplated litigation may be discussed in closed session. AGENDA ITEM NO. 19. - EXECUTIVE SESSION, a. Discuss Personnel Matters Paul West, City Manager, explained the policy that is followed by the personnel in the relations of working with the various advisory boards appointed by the Council. b. Discuss Pending and Contemplated Litigation. City Manager Paul West and City Attorney Ray Hutchison gave an up to date status report on the Water Rate Case with Dallas and of the water legislation presented in the Peveto bill. c. Discuss Land Acquisition. A contract was reviewed by the Council involving the acquisition of right- ftxra%T ne~Ye~.. rcr FQ acr the ~irir~ on 41..LYO R.orl rYY:rr+~ra by T/fv. RnF% n { T.~ 11£!S°.ss ✓ ✓ Y p ♦e ilYr is.i t. V li.t.ii~i. oii...i YY 33 ,..3 N, 1Y11 • l~~+i+er 4 - . City Manager Paul West discussed the need of a tract of land on Keenan Bridge Road to acquire for the Drill Tower Site. City Manager Paul West reported that the city had been approached to purchase the Demetra Building behind the city hall. This is being explored ' at this time. City Manager Paul West reported that the city had been approached to purchase the Bohart Estate, now owned by Ed Bonneau. This is being explored at this time. Vol. 27, Page 167. City Manager Paul West reported that the city had been approach by the Cullum Company to acquire a piece of land located on Hollandale Lane. THE MEETING RECONVENED INTO GENERAL SESSION. AGENDA ITEM 20. NO ACTION IS NECESSARY FOR. ITEMS DISCUSSED IN EXECUTIVE SESSION ON PERSONNEL MATTERS. AGENDA ITEM NO. 21. NO ACTION IS NECESSARY FOR. ITEMS DISCUSSED IN EXECUTIVE SESSION ON PENDING AND CONTEMPLATED LITIGATION. AGENDA ITEM NO. 22. ACTION OF DISCUSSION OF LAND ACQUISITION DISCUSSED IN EXECUTIVE SESSION. A motion by Councilman Matthews, a second by Councilman Quevreaux, all voting "aye", authorized the City Manager to execute the contract with Robert Moses for the necessary right-of-way need for the paving of the skip on Alpha Road. AGENDA ITEM NO. 23. - ADJOURNMENT. A motion by Councilman Quevreaux, a second "aye", adjourned the City Council meeting of Mayor City cretary I I I by Councilman Dodd, all voting April 4, 1977 at 11:55 P.M. . Vol. 27, Page 168.