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1976-12-20 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING DECEMBER 20, 1976 Members of the City Council present were: Mayor George G. Grimmer Mayor Pro Tem Bill Binford Councilmen: John Dodd Fred Johnson W. R. Linn Member of the City Council absent was: Councilman Ken Quevreaux Councilman Quevreaux's absence was recognized as an excused absence because he was out of town on business. The following members of City Manager City Attorney Director of Staff Secretary Mayor Grimmer called the to order at 7:30 p.m.. the City Administration were present: Paul M. West Doug McCallon Services Glenn Moore Ruth Ann Parish City Council meeting of December 20, 1976 AGENDA ITEM NO. 1. - INVOCATION J. W. Wade gave the invocation. AGENDA ITEM NO. 2. - APPROVAL OF MINUTES After some consideration, a motion by Councilman Dodd, a second by Councilman Linn, all voting "aye", approved the minutes as submitted, of the City Council of December 6, 1976. AGENDA ITEM NO. 3. - PRESENTATION OF SERVICE AWARD Mayor Grimmer presented a five year service award to Mary Hale of the Staff Services Department for her employment with the City. AGENDA ITEM NO. 4. - PRESENTATION OF RESOLUTIONS OF APPRECIATION Mayor Grimmer presented resolutions-of appreciation to the Farmers Branch Hospital Authority, the Brookhaven Medical Center Auxiliary, and, the Law Enforcement Explorers Post #676 for their participation in conjunction with the City of Farmers Branch of conducting a National Influenza Program at the Brookhaven Medical Center. Mr. Steve Jordan, President of the Farmers Branch Hospital Authority, accepted the resolution of appreciation on behalf of the Farmers Branch Hospital Authority. Vol. 26, Page 82. Ms. Jaunita Lorimer, President of the Brookhaven Medical Center Auxiliary, accepted the resolution of appreciation on behalf of the auxiliary. Five representatives of Explorer Post #676 were present. One representative accepted the resolution of appreciation on behalf of Explorer Post #676. AGENDA ITEM NO. 4. - PRESENTATION OF DONATION TO THE CITY OF FARMERS BRANCH. Mrs. Rutha Shackelford, member of the Farmers Branch Bicentennial Commission, presented to the City on behalf of the Commission some seven books on historical glass and pottery. Mrs. Shackelford also presented a plaque to Mayor Grimmer and one for Councilman Quevreaux for acting as ex-officio members on the Farmers Branch Bicentennial Commission. SANTA CLAUSE ARRIVED AT THE MEETING WISHING EVERYONE A MERRY CHRISTMAS BY DISTRIBUTING CANDY CANES TO ALL. AGENDA ITEM NO. 6. - PUBLIC HEARING: CONTINUED - OAKBROOK-ON-BROOKHAVEN ZONING. Mayor Grimmer reopened t e pu lic hearing to consider whether the zoning should be changed from PD-12 and PD-13 (MF-2) to PD allowing any use or combination of any uses as allowed in a PD District on the property described as Oakbrook-On-Brookhaven, Phase I-B, Phase I-C, and Phase III as platted and recorded with the County of Dallas and containing approximately 77.041 acres of land. Mr. Rueben Ramirez, representing Club Corporation of America, came forward and stated that Club Corporation of American has recently entered into an agreement with the owners of Oakbrook to act as their agents to develop the property in question. Mr. Ramirez stated that they were in agreement with the recommendation of the Planning and Zoning Commission with a slight modification of approximately 7 1/2 acres on the northeast corner of the property. The recommended zoning on this parcel of land is duplexes. Club Corporation of America requests this parcel of land (approx. 7 1/2 acres) be zoned MF-2. Mr. Ramirez stated they believed the best use of the land in question would be the R-3, and the single family attached and requested the Council to consider this proposal. After being asked about the density in comparison with the plan approved by the Planning and Zoning Commission, Mr. Rameriz stated that approximately 600 units are planned compared to 784 units on the recommended plan. He stated that approximately 300 units were planned for the multi-family attached, approximately 70-80 units in single-family attached, and the rest be made up of the apartment area. Vol. 26, Page 83. Mayor Grimmer asked if there was anyone in the audience wishing to speak on this question: The following spoke. Mr. Bob Linker, 14435 Valley Hi, spoke in favor of the proposal. He stated that he believes this plan would be an asset to the community and acceptable to the adjoining property owners. A motion by Councilman Dodd, a second by Linn, all voting "aye", closed the public hearing. After some consideration, a motion by Councilman Linn, a second by Councilman Dodd, all voting "aye", approved the zoning change as requested by Club Corporation of America, Option-l.a., and directed the City Administration to prepare an amending ordinance. AGENDA ITEM NO. 7. - DISCUSS REQUIREMENTS OF INSTALLING SMOKE Mr. William C. request. adows was not MCAUUwa. in attendance in behalf of his A motion by Councilman Linn, a second by Councilman Johnson, all voting "aye", removed this item from the agenda since Mr. Meadows was not present. AGENDA ITEM NO. 8. - CONSIDER POLICY ON CONSERVING ENERGY. This item was place on the agenda at the request of Councilman Dodd. Councilman Dodd read a statement concerning the establishment of a policy guide to reducing energy use. Councilman Dodd presented and briefly explained a study on reducing energy consumption titled "A Guide To Reducing Energy Use - Budget Costs." Councilman Dodd presented several other pamphlets on studies of ways of conserving energy. Councilman Dodd gave examples from the studies which he feels would be of concern and benefit to the City. Councilman Dodd made a motion that the City Council acknowledges the need to develop an energy conservation policy for municipal services, the Council requests the City Manager to formulate an energy management program which he feels will be best suited to our City at the earliest practical date. Councilman Linn seconded the motion. After some discussion concerning ways the City is now trying to conserve energy and if additional personnel will be needed for this study, all voted "aye" on the motion. AGENDA ITEM NO. 9. - CONSIDER ORDINANCE NO. 1119 - STREET ADDRESS PROVISION. Mayor Grimmer gave the following information from a memo from the City Administration: The City does not have an ordinance requiring addresses to be maintained on any buildings in the City Vol. 26, Page 84. (residential homes or industrial buildings.). City ambulances, fire, police and other emergency vehicles have upon occasion had difficulty in responding to citizens calls due to lack of addresses being readily seen from the street. The proposed Ordinance No. 1119 presented to the City Council for consideration would require each building in the City to place and maintain on the face of the building an address that can clearly be seen from the street. The ordinance also establishes a minimum size for the address. The ordinance makes provisions for existing addresses that do not meet the minimum size requirements and allows them to be maintained provided they can clearly be seen from the street. After some consideration, a motion by Councilman Johnson, a second by Councilman Binford, all voting "aye", adopted the following captioned Ordinance No. 1119: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, REQUIRING OFFICIAL BUILDING ADDRESS NUMBERS TO BE POSTED AND MAINTAINED ON ALL BUILDINGS IN THE CITY OF FARMERS BRANCH; REQUIRING OFFICIAL BUILDING ADDRESS NUMBERS TO BE PLACED ON EACH BUILDING OF A BUILDING COMPLEX; REQUIRING UNIT NUMBERS FOR ALL BUILDING COMPLEXES IN THE CITY OF FARMERS BRANCH; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 10. - CONSIDER ORDINANCE NO. 1120 - AN AMENDMENT TO THE MINIMUM HOUSING CODE. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: The City's Substandard Housing Ordinance establishes minimum standards for the number of electrical light fixtures in habitable rooms (Ordinance 1038, Section 7, Paragraph 2). The ordinance requires every habitable room to contain at least two supplied electric light fixtures. The requirement has been interpreted as one light in the room, plus one electrical wall outlet. Rooms such as bathrooms, water closet compartments, laundry rooms, public hallways, etc. must have at least one electric light fixture. The proposed Ordinance No. 1120 presented to the City Council for consideration amends Section 7, Paragraph 2 of the City's Substandard Housing Ordinance to require one light fixture per habitable room, plus one electrical receptical for each twenty lineal feet of wall space. (Windows, doorways and openings in the wall are not lineal feet requirements.) The proposed change clarifies the number of fixtures required. Vol. 26, Page 85 After some discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", adopted the following captioned Ordinance No. 1120: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1038, THE MINIMUM HOUSING CODE, BY AMENDING AND REWORDING SECTION VII MECHANICAL REQUIREMENTS (2) ELECTRICAL EQUIPMENT IN ORDER TO CLARIFY WORDING IN MINIMUM HOUSING REQUIREMENTS; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 11. - CONSIDER ORDINANCE NO. 1121 - DESIGNATING SCHOOL ZONE ON WEBB CHAPEL ROAD TO GATEWAY. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: The City of Farmers Branch has annexed that portion of the street right-of-way on Webb Chapel from Fyke Road to the south right-of-way of Webb Chapel and Gateway Avenue, from the City of Carrollton. Therefore, the school zone ordinance needs amending to include this area. After some discussion, a motion by Councilman Dodd, a second by Councilman Linn, all voting "aye", adopted the following captioned Ordinance No. 1121: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1075 BY AMENDING SECTION OF STREETS AS SCHOOL ZONES, REGULATING THE SPEED OF MOTOR VEHICLES TO 20 M.P.H. IN SAID SCHOOL ZONES; ESTABLISHING A MAXIMUM SPEED LIMIT OF 20 M.P.H. AT DESIGNATED SCHOOL ZONES; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EMERGENCY CLAUSE. AGENDA ITEM NO. 12. - CONSIDER PUBLIC OFFICIALS AND EMPLOYEES LIABILITY INSURANCE. City Manager Paul West explained the question that was raised at the last meeting concerning the amount of total coverage in a suit for damages against a public official or an employee. The amount of $100,000 per loss and $1,000,000 aggregate limit for the length of the one year contract. The Council members discussed various coverage aspects with Finance Director J. W. Wade. Councilman Johnson discussed with Councilman Binford the advantages in his opinion of the $100,000 per loss/$1,000,000 agregate coverage rather than the $1,000,000 single limit. Vol. 26, Page 86. After reviewing the quotes presented, Councilman Johnson made a motion to accept coverage offered by the agency of Myers & Rivers on the $100,000 per loss/$1,000,000 agregate basis at a premium of $3,469.63 for one year; and after expiration of that policy, further investigation is to be done on the ICMA Insurance policy; and authorized the appropriation of funds of $3,469.64 for the payment of the said annual premium. Councilman Linn seconded the motion. Councilman Johnson amended his motion to declare an emergency and waive the bid procedures. Councilman Linn accepted the amended motion to his second. The motion carried 2 to 1, with "aye", and Councilman Binford v Councilman Dodd disqualified because of possible conflict of OTHER COMMENTS. Mrs. Carol Dingman asked if the the Hospital Board. Councilmen Johnson and Linn voting )ting "nay". himself from voting on this item interests. Council had made an appointment to Mrs. Brenda Lewyelln asked if the Council has made appointments to the Flood Control District Board. Mayor Grimmer informed both ladies that appointments to these boards are to be discussed in Executive Session. 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 discuss personnel matters and pending and contemplated litigation may be discussed in closed session. AGENDA ITEM NO. 13 - EXECUTIVE SESSION. a. Discuss Personnel Matters: The following gentlemen appeared before the City Council making statements and requesting the City Council to consider appointing a present property owner with developed property be placed on the Farmers Branch-Carrollton Flood Control District Board: Mr. Larry Craddock, Senior Vice President of Thermolloy Mr. J. 0. Smith of J. 0. Smith Investment Co. Mr. Don Smith of Associated Foods Mr. Wilson Tayloe, owner of 2 pieces of property in Levee District Mr. A. A. Fields, owners of property in Carrollton in Levee District Mr. Jim Fields, owner of property in Carrollton in Levee District Mr. Alvin Thomas, an interested party Vol. 26, Page 87. The gentlemen were asked to leave the room in order that the Council could discuss appointments to the Levee District Board. The Council discussed appointments to the Levee District Board. THE MEETING WAS RECONVENED INTO GENERAL SESSION. A motion by Councilman Dodd, a second by Councilman Linn, all voting "aye", reappointed Wallace Skinner and Phil Orr, Jr. and appointed Larry Craddock to serve a term of two years on the Farmers Branch-Carrollton Flood Control District Board, conditioned upon their acceptance of the appointment. THE COUNCIL RECONVENED BACK INTO EXECUTIVE SESSION. DISCUSS PERSONNEL MATTERS An appointment to the Zoning Board of Adjustment and Building Code Board of Appeals was discussed. An appointment to the Farmers Branch Hospital Authority Board of Directors was discussed. DISCUSS PENDING AND CONTEMPLATED LITIGATION City Manager Paul West gave a status report on the Water rate case. THE MEETING WAS RECONVENED INTO GENERAL SESSION. ACTION OF COUNCIL ON AGENDA ITEM NO. 4 AND 5, WHICH WERE OVERLOOKED. A motion by Councilman Linn, a second by Councilman Binford, all voting "aye", passed the resolutions of appreciation that were presented in Agenda Item No. 4.. A motion by Councilman Linn, a second by Councilman Johnson, all voting "aye", accepted the donation presented to the City by Farmers Branch Bicentennial Commission. (In Agenda Item No. 5.) Board Appointments A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", appointed Addison Bradford to serve a two year term on the Zoning Board of Adjustment and Building Code Board of Appeals, conditioned upon his acceptance of the appointment. A motion by Councilman Johnson, a second by Councilman Linn, all voting "aye", appointed James Upfield to serve a two year term on the Farmers Branch Hospital Authority Board of Directors, conditioned upon his acceptance of the appointment. Vol. 26, Page 88. AGENDA ITEM NO, 14. - ADJOURNMENT. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", adjourned the City Council meeting of December 20, 1976, at 10:05 p.m.. zv May City ecretary 1 I- Vol. 26, Page 89.