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1970-09-01 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING September 1, 1970 Members of the City Council present were: Mayor George G. Grimmer Mayor Pro-Te.m W. R. Linn Councilmen: Ray Flaherty Bill McClung Al Korioth Bill Binford City Manager Paul M. West City Attorney H. Louis Nichols City Secretary Ruth Ann Parish Mayor Grimmer called the regular meeting of the City Council to order on September 1, 1970 at 7:30 P. M.. Rev. John Rasmussen gave the invocation. A PPROVA.L OF MINUTES Upon a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", considered and approved the minutes of the regular City Council meeting of August 17, 1970, as written. Upon a motion by Councilman McClung, a second by Councilman Korioth, all voting "aye", considered and approved the minutes of a special City Council .meeting of August 24, 1970, as written. EMPLOYEES PRESENTED SERVICE AWARDS Mayor Grimmer presented 5-Year service awards to Mrs. Edna Kelly and Mr. Troy Banks for their employment with the city. Mrs. Kelly works in the city's Utility Billing Department and Mr. Troy Banks works in the city's Sanitation Department. PUBLIC HEARNG - Request from R-6 to O on track of land just south of Fyke Road, abutting Fyke Road and Webb Chapel Road, contains 2. 839 Acres. Mayor Grimmer opened the public hearing. He explained that Jimmy R. Gual has requested a change of zoningfro.m "R-6" to "O" on a tract of 2.839 acres located at the southwest corner of Fyke Road and Josey Lane. This is a tract of unplatted land, whose east property line is the west right-of-way line of Webb Chapel Road, whose east right-of-way line is the west right- of-way of Dutch Village No. 2 and extension northward of this line to Fyke Road and whose north property line is the south property line of Fyke Road. A transparency of the property involved was shown. Pave 155 Mr. Bill Roberts, an attorney, represented Mr. Gual. Mr. Roberts stated the request for a zone change was for a proposed Medical and Dental Clinic. He stated Dr. Larson, a local Orthodontist, wants to purchase this property to build a clinic for himself. Mr. Roberts presented plans for the development. Mr. Roberts stated that the zoning on this tract has been in question many times and he believes this request is the most suitable. He pointed out the developments that was going in on the property to the west of this area, the church and the private school. Mr. Roberts stated he had been advised by the County that they were going to take care of the flood control problem in this area. Mr. Roberts stated the School District had no objection to this change and that there would be no traffic problems due to the office hours of 9:00 A . M. to 5:00 P.M.. Mayor Grimmer asked if there was anyone to speak in favor of the request. The following people spoke. Mr. Fred Moore, speaking in behalf of Dr. Larson, stated this would add beauty to the area and would not be considered spot zoning since the church and the private school were already being constructed on the property to the west of this request. Mr. Moore asked the Council to go along with the recommendation of the Planning and Zoning Commission. Mr. Quinton Johnson, 14421 Southern Pines Court, stated he did not oppose the request but asked the Council to consider the following: 1. To make an effort to expedite the construction of this medical clinic so that someone else could not have the chance to ask for a different zone change on this property. 2. If there was anyway that the homeowners could be assured that the medical building would be the perna.ment zoning and not something else later on. Mayor asked if there was anyone to speak in opposition. The following people asked questions. Mr. Carrol Miller, 14636 Southern Pines, asked if there were plans other than the medical clinic. Mr. Dave Bowden asked about the traffic pattern in and out of the property. He suggested to alleviate the plans for the entrances on Fyke Road. Mr. Roberts answered the question of Mr. Miller's stating that Dr. Larson has no other immediate plans other than just for his medical clinic use which would be a 40' x 60' building containing 2, 400 square feet. Page 156 Mr. Roberts, in reference to the question of Mr. Bowden, pointed out on the plans the traffic pattern for the property. No other comments, Councilman Linn .made the motion to close the public hearing. Councilman McClung seconded the motion. All voted "aye". After Council discussion and consideration, Councilman Korioth made the motion to approve the zone change from R-6 to "O" as requested for the property located in a tract of 2. 839 acres on the southwest corner of Fyke Road and Webb Chapel Road. Councilman Flaherty seconded the motion. All voted "aye". EMERGENCY ITEM ADDED FOR CONSIDERATION Mayor Grimmer explained that it had been requested to discuss the sanitary sewer maintenance policy. Since this was not on the agenda an emergency was needed to be declared. A motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", declared an emergency to add the discussion of the city's sewer maintenance policy to the agenda and it be Item 8. a.. RESOLUTION FOR REIMBURSEMENT TO THE COUNTY OF DALLAS FOR UTILITY ADJUSTMENTS ON WEBB CHAPEL ROAD. City Manager Paul West explained that the Council had already authorized the City to sign an agreement with the County for the city to pay the cost of relocating the utilities on Webb Chapel Road. Mr. West stated the County had requested for a certified copy of a resolution authorizing the expenditure of the approximate sum needed to relocate the utilities. He stated the amount shown in the resolution had been determined from the unit prices and planned quantities. He further stated that the final amount would be based upon the unit prices and the measured quantities installed. After some discussion, Councilman Linn .moved to pass a resolution authorizing the reimbursement to the County of Dallas of the approximate amount of $46, 000. 00 for the utility adjustments on Webb Chapel Road. Councilman McClung seconded the .motion. All voted "aye". UTILITY PRO RATA CONTRACT IN METRO SQUARE ADDITION City Manager Paul West explained that this contract provided the reimburse- ment of water and sewer installation costs in Metro Square Addition. This addition being located along L. B. J. Freeway from Ford Road to east boundry of the Metro Square Addition. Mr. West stated the contract provided the developer to refund the city on pro rata basis for the installation of water and sewer trunk mains within a subdivision as the property is subdivided. Councilman Korioth stated the developer had requested that on page 2, in 11. a. section 2, the deposit in escrow be changed to the First National Bank of Dallas instead of Central Bank and Trust Company. Page 15 7 After some discussion, Councilman Linn made the motion to enter into an agreement with the developers of Metro Square Addition for the provisions of reimbursement to the city of the installatian of water and sewer costs in said addition , and, authorized the escrow deposit be made at the First National Bank of Dallas. Councilman Binford seconded the .motion. All voted "aye". POST OFFICE DISCUSSION Councilman Korioth stated that he had had several citizens and two Council- men to ask him if the city could get something done to get better service by the Post Office. Councilman Korioth stated the city needed to find out what can be done for better postal services and suggested a committee to be formed to secure all the facts and go from there. He suggested a committee of 2 Councilmen and 2 citizens secure all the facts and make a report. He, also, suggested that the Mayor draft a letter of inquiry to the Post Office Department to try to find out just what Farmers Branch can do. The Council discussed the terrible situation of the Post Office, and the forming of a committee of the Mayor and his appointment of 1 Councilman and 3 citizens. Councilman Korioth made the motion that a committee of 5, consisting of the Mayor and his appointment of 1 Councilman and 3 citizens, look into what can be done to serve the City of Farmers Branch best in postal facilities. Councilman Flaherty seconded the motion. All voted "aye The Council agreed that the Mayor write a letter of inquiry to the Post Office Department to get things started. Mr. Phil Sizer, 14127 Tanglewood Drive, stated he would like the Post Office to assume the name of Farmers Branch. PUBLIC HEARING - Request for Zone Change from LR-2 to "C" on property located in Block 5, lot 8, of Heritage Park Addition No. 1. Mayor Grimmer opened the hearing and explained that Gerald Pointer had requested a zone change from LR-2 to "C" on a tract located in Block 5, Lot 8, of the revised plat of Heritage Park Addition No. 1. This property contains 0.320 acres. A transparency of the property involved was shown. Mr. Gerald Pointer stated he asked for a zone change to allow him to construct a building for his construction use and a parking lot. He explained the building would allow for an up-holstery shop, an engine and motor repair shop, an air conditioning and plumbing shop, a storage warehouse, and a radio tower. No one was present to speak in favor of the request. Page 15 8 Those speaking in opposition are the following: Mr. Steve Murtha, 2762 Rollingdale, speaking for some of his neighbors, opposed very .much to the request for change of zoning on this tract of land. Mr. Murtha .made a lengthy statement on why the property should not be rezoned. He asked the Council to consider the surrounding homeowners when making their decision on this request. Mr. Jerry Moyer, 2751 Hollandale, opposed the request because he thought this would be spot zoning and too, it would increase the traffic on Rollingdale which is not a thru street. He requested a stop light be placed at Rollingdale and Josey Lane. Mr. Pointer pointed out the different developments around this property, and stated he thought this request was the best land use for this piece of property. Mr. Murpha presented some pictures of the present conditions. They showed the different kinds of articles that are being stored on the property. Mr. Murpha pointed out the high grass that is on this lot. There were approximately 16 citizens that stood in opposition of the request. After no further comments, a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", closed the public hearing. The Council discussed deed restrictions that could be placed on the property. Upon a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", re-opened the public hearing for 15 minutes or less in order to give a citizen a change to speak. Mr. Ralph Moser, a resident in the area, opposed the 100' tower. Mr. Murpha and 2 other men spoke again opposing the change of zoning. Upon a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", closed the public hearing. After some discussion, a motion by Councilman McClung, a second by Councilman Flaherty, denied the request by Mr. Pointer for a zone change of LR-2 to "C" on a tract located in Block 5, Lot8 of Heritage Park Addition No. 1. The motion carried 4 to 1 with Councilman Korioth voting "nay". SEWER MAINTENANCE POLICY CHANGED Mayor Grimmer explained the present sewer maintenance policy where-by the property owner is responsible servicing the sewer line from the house to the main. Mayor Grimmer stated he had had several calls concerning this policy. Page 15 9 Mr. Jim Crawford, 3161 Long.meade, representing the people of the area of his home -approximately 28 stood up, told of several incidents that have happened on trying to get sewer lines unstopped. Mr. Crawford complained on having a plumber he had hired to check the line from his sidewalk to the middle of the street. He objected to tearing up the street and having to replace it at his own expense. He stated he felt that the policy should be changed to where the City would maintain or service the sewer lines to the property lines. He presented a petition in favor of changing the policy, of about 75 to 80 names. Mr. Murpha stated as a property owner in Farmers Branch he thought that maintaining the sewer lines from the property line to the street should be the city's responsibility. Mrs. Crawford reported that she has not had water or sewer facilities for 3 days and asked that something to be done. She stated her plumber said the sewer line was stopped up at the .main. Mr. Joe Briscoe, 3307 Portlock, told how expensive it was for a young couple, who had a sewer to stop up at the .main, to have to tear up and replace part of the street. He estimated the cost would be around $600. 00 for the street and the plumbing bill. A man, name not given, said it would be too expensive even for older persons. Mr. Roy Valentine, 3239 Longmeade, agreed that the policy should be changed. Mr. Richard Stark, 13510 Glenside, opposed the homeowner having to repair the street when the sewer is stopped up at the main. Mr. Peter O. Herbert, 2765 Rollingdale, stated he felt the citizens could pay a few more cents a year to pay for this service. Mr. Bill Stineway, 3147 Long.meade, spoke in favor of changing the policy. Mr. Ivan Zuckerman, 13453 Glenside, spoke in favor of changing the policy. A man, name unknown, requested the property owner should be responsible from his house to the easement. After Council discussed all aspects, a motion by Councilman Korioth, a second by Councilman McClung, all voting "aye", set the policy for sewer .maintenance, whereas, the homeowner would be responsible only for his house to the property line or easement line and the city maintain the line from the property line thereafter, and, whereas, the citizen show proof by a responsible license plumber that he has had his lines checked before the city go out and check the main. Page 160 MORNINGSTAR AND CLOVERDALE CONTRACT AWARDED After some discussion, a motion by Councilman Linn, a second by Councilman Korioth, accepted the bid as recommended by the City Manager in the amount of $61,126. 38 to General Texas Asphalt Company for the rebuilding of Morningstar Lane and Cloverdale Lane. After some discussion on the conditions of Morningstar Circle, Councilman Linn withdrew his .motion. Councilman Korioth withdrew his second. Upon a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye, accepted the bid as recommended by the City Manager in the amount of $61,126. 38 to General Texas Asphalt Company for the rebuilding of Morningstar Lane and Cloverdale Lane and in addition rebuild Morningstar Circle at the same unit prices as quoted in original bid. KEENA.N BRIDGE ROAD WATER AND SEWER LINE CONTRACT AWARDED After some discussion, a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", accepted the bid as recommended by the City Manager in the amount of $47, 460. 50 to Superior Utilities Company to extend water and sewer mains to serve the property along Keenan Bridge Road between Wallace Road and Valley View Lane and waived the formality relative to the completion time not being stated on the proposal prior to the opening of the bids. TWO-TON TRUCK FOR THE SEWER DEPARTMENT BID AWARDED After some discussion, a motion by Councilman linn, a second by Councilman Korioth, all voting "aye", accepted the bid as recommended by the City Manager in the amount of $5, 851.19 to International Harvester for a two- ton truck chasis to be used in the Sewer Department. PRESSURE SEWER CLEANING MACHINE BID AWARDED After some discussion, a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", accepted the bid as recommended by the City Manager in the amount of $8, 585. 00 to Flexible Pipe Tool Division for a pressure sewer cleaning machine to be mounted on the truck that is in the preceding bid. ORDINANCE NO. 857 - WAIVING PERMIT FEES TO SCHOOL DISTRICTS After some discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", adopted the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH WAIVING THE PAYMENT OF BUILDING PERMIT FEES, ELECTRICAL PERMIT FEES AND PLUMBING PERMIT FEES BY INDEPENDENT SCHOOL DISTRICTS WITHIN THE CITY OF FARMERS BRANCH; REQUIRING THE OBTAINING OF A PERMIT FOR SUCH IMPROVEMENTS; REQUIRING COMPLIANCE WITH ALL ORDINANCES OF THE CITY OF FARMERS BRANCH; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. Page 161 ORDINANCE NO. 858 - PROVIDING THE OPERATION OF AUTOMATIC DEVICES TO CONTROL SPEED IN SCHOOL ZONES SETTING SPEED LIMIT OF 20 MPH AND REPEALING ORDINANCE NO. 854 After some discussion, a motion by Councilman McClung, a second by Councilman Flaherty, all voting "aye", adopted the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FOR THE INSTALLATION OF A.UTO- MA.TIC SCHOOL ZONE DEVICES REGULATING THE SPEED OF MOTOR VEHICLES UPON CERTAIN STREETS AT A. SPEED NOT TO EXCEED TWENTY (20) MILES PER HOUR; DEFINING A SCHOOL ZONE; MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE A MOTOR VEHICLE AT A SPEED IN EXCESS OF TWENTY (20) MILES PER HOUR AS INDICATED BY SUCH AUTOMATIC SIGNALS; REPEALING ORDINANCE NUMBER 854 OF THE CITY OF FARMERS BRANCH; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200. 00) DOLLARS; AND DECLARING AN EMERGENCY. EXECUTIVE SESSION Land Acquisition Mr. Louis Nichols, City Attorney, gave a report on the status of the following condemnation cases: Knight, Poll.man, Wagner, Kammerer, Oechsner, and Durrett. After some discussion on the Fulkerson property, a motion by Councilman Korioth, a second by Councilman Binford, all voting "aye" authorized the City Attorney to proceed with condemnation procedings on the Fulkerson property since the Dffer of $5, 000. 00 was turned down by Mr. Fulkerson. ADJOURNMENT: Upon a motion by Councilman Korioth, a second by Councilman McClung, all voting "aye", adjourned the City Council meeting of September 1, 1970 at 10:55 P.M. mer Mayo Georg4e-G i4~n I-le 11 ) _ls&V -4 uth Ann Parish, City Secretary Page 162