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1970-11-16 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING November 16, 1970 Members of the City Council present were: Mayor George G. Grimmer Mayor Pro Tem W. 1R. Linn Councilmen Ray Flaherty Al Korioth Bill Binford City Manager Paul M. West City Attorney H. Louis Nichols City Secretary Ruth Ann Parish Councilman McClung was absent due to a death in his family. Mayor Grimmer called the City Council meeting of November 16, 1970 to order at 7:30 P.M.. Roy Patton gave the invocation. APPROVAL OF MINUTES Upon a motion by Councilman Korioth, a second by Councilman Binford, all voting "aye approved the minutes of November 2, 1970 of the City Council meeting after correction was made on page 180. Let the last sentence read in Item No. 7: "Mr. Hawn would like to. " SERVICE AWARD PRESENTED Mayor Grimmer presented a service award to B. B. Sharp for his 10 years of service with the city. The Council and the audience congratulated him. FENCE VARIANCE REQUESTED BY MR. CARR Mr. Jimmy Carr came before the Council on October 5, 1970 requesting a variance to Fence Ordinance No. 810 to allow a fence in Mr. Carr's front yard. This request was tabled at that time for further consideration by the Council. Ordinance No. 863 was adopted by the Council at the November 2, 1970 meeting. This ordinance authorizes the City Council to grant variances under certain circumstances. Mr. Carr has returned this date requesting a fence variance to allow his fence in the front yard to remain. Page 182 After the Council considered the circumstances of Mr. Carr's request, a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye granted Mr. Carr's request . ORDINANCE NO. 864 - Repealing Ordinance 863- Pertaining to Fence Ordinance After some discussion, a motion by Councilman Korioth, a second by Councilman Linn, all voting "ayes", adopted the following captioned ordinance No. 864: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS REPEALING ORDINANCE NO. 863 OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. BID AWARDED FOR SOUTH LOOP WATER & SEWER MAINS FOR METRO SQUARE ADDITION After reviewing all the bids submitted, a motion by Councilman Binford, a second by Councilman Korioth, all voting "aye", awarded the lowest and best bid to Superior Utilities in the amount of $72, 699. 90 for the extension of water and sewer mains from the existing facilities through Metro Square Addition; waiving the formality of not having the completion time on the bid which was given later by telephone of 100 calendar days; and subject to the developer depositing the required funds in escrow. RESOLUTION ADOPTING THE CORPS OF ENGINEERS PLAN ON THE ELM FORK FLOODWA.Y IMPROVEMENTS Mr. Quinton Johnson spoke as a Park Board member recommending the Springer Plan. Mr. Johnson explained he was speaking only for himself, not the other .members. The Council discussed with Mr. Johnson the potential tax loss and costs if the Springer Plan was adopted. After more discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", adopted the following resolution: Whereas, Two plans have been proposed for flood control on the Elm Fork of the Trinity River, One of which is the Corps of Engineers' Plan, and Whereas, The Corps of Engineers' Plan requires substantially less expenditures by the local interests for right-of-way acquisition, street and utility relocations, and Whereas, The Corps of Engineers' Plan would result in a substantially smaller maintenance and policing cost, and Whereas, The reduction of the potential tax yield due to the removal of industrial land from the tax rolls would be much smaller under the Corps of Engineers' Plan, and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: That the City of Farmers Branch recommends the adoption of the Corps of Engineers' Plan. Page 183 RESOLUTION RECOMMENDING THAT T. R. A. BE RESPONSIBLE FOR THE LOCAL INTEREST PORTION OF THE COST OF THE ELM FORK FLOODWAY IMPROVEMENTS. After the Council adopted the Corps of Engineers' Plan, a motion by Council- man Linn, a second by Councilman Flaherty, all voting 11aye", adopted the following resolution: Whereas, Flood control improvements on the Elm Fork are an integral part of the overall plan of the Corps of Engineers for develop- ment of the Trinity River Basin, and Whereas, The Trinity River Authority has been established by the state legislature as the state agency responsible for the overall flood control, water and land conservation within the basin of the Trinity River, and Whereas, The Trinity River Authority has been given taxing authority, and Whereas, The local interests cost of land acquisition, street relocation, utility relocation and maintenance of the completed flood control improvements are disproportionately large for the City of Farmers Branch. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: That the City Council of Farmers Branch recommends that the Trinity River Authority accept responsibility for that portion of the cost of the flood control improvements that have been designated as the responsibility of local interests. ORGANIZATIONS OF SUBURBAN CITIES Mayor Grimmer stated there is a need for stronger representation of suburban cities in Austin. Mr. Grimmer stated h-- was going to contact the suburban Mayors and see if they could work together to be heard in Austin. OBJECTION OR CONCURRENCE IN PROPOSED REZONING IN DALLAS ON FORD ROAD ADJACENT TO FARMERS BRANCH CITY LIMITS Mr. West the City Manager, and Mr. Nichols the City Attorney, explained a rezoning request in the City of Dallas by Thuron Industries, Inc, for a'8pecific Use Permit for a Kennel with Outdoor Runs" on property adjacent to the Farmers Branch City Limits. The Council discussed the possibilities that this rezoning might down grade the area, Metro Square Addition, that is to be developed east of this request in Farmers Branch . A motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", wished to go on record opposing the rezoning request and requested H. Louis Nichols, City Attorney, to represent the city at the hearing on November 23, 1970 at 2:30 P.M. in Dallas. Pagel84 EXECUTIVE SESSION - CITY COUNCIL MEETING OF NOVEMBER 16, 1970 Appointment of Board of A.djust.ment Since the places of the Board of A.djust.ment were not numbered, the Council set the place number of the existing board. They are: Place 1 Dick Cope Place 2 William E. (Bill) Morgan Place 3 Sid Shaw Place 4 James O'Neill Place 5 Ken Leckie Alternates Place 1 Tom Madden Place 2 Lynn Odom After some discussion on staggered terms, a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", set the terms for Place 1, Place 3 and Place 5 for a one year period, and the terms for Place 2 and Place 4 for a two year period; and the Alternate Place 1 to serve a one year term and Alternate Place 2 to serve a two year term. A DJU)URNMENT Upon a motion by Councilman Flaherty, a second by Councilman Binford, adjourned the regular City Council meeting of November 16, 1970. Motion carried with Councilman Flaherty and Councilman Binford voting "aye", Councilman Linn and Councilman Korioth voting "nay", and with Mayor Grimmer voting "aye" to break the tie. 4 Mayor eorg G rim.mer City Secretary Page 185