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1971-03-01 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING March 1, 1971 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro-Tem Var. R. Linn Councilmen: Al Korioth Ray Flaherty Bill McClung Bill Binford City Manager Paul M. West City Attorney George McDonald City Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of March 1, 1971 to order at 7:30 P. M.. Mr. Roy Patton gave the invocation. EMERGENCY ITEMS Upon a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", declared an emergency to place the following on the agenda and to discuss: 8.A. Consider Request for aTemporary Ba.tching Plant in Metro Square Addition. 8. B. Consider Zoning Change request in the City of Dallas. 8. C. Consider Request for the City's endorsement of a Project by the Jaycees. APPROVAL OF MINUTES Upon a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", approved the minutes of the City Council meeting of February 15, 1971 after a correction was made on Page 224 in Item No. 3, let Amendment No. 2 read: "Section 2. 04. _Vacancies in Council. A single vacancy in the Council shall be filled by a majority vote of the remaining members of the Council within thirty (30) days of the vacancy at a meeting sebsequent to the date on ixrhich the vacancy occurs. The person selected shall not be one of the remaining members of the Council and once chosen, he shall serve until the next-regular city election. Provided, hov,ever, that since any vacancy which occurs within thirty (30) days prior to a regular city election does not allow time for candidates to file for the vacated council position, the appointment to fill such a vacancy shall be made Nvithin thirty (30) days after the election and not before the election. When tvro or more vacancies exist, a special election shall be held to elect successors to fill the vacated unexpired terms, provided that if such Page 232 vacancies occur within ninety (90) days prior to a regular city election, then such successors shall be elected a such regular city election. When two or more vacancies occur within thirty (30) days prior to such regular city election and there is insufficient time for candidates to file for the vacated council positions, a special election shall be held as soon as possible after the regular general city election. " PRESENTATION ON PARK ACCOMPLISFENIENTS DURING YEAR 1970. Parkand Recreation Director John Burke gave a visual presentation on the Park Department's accomplishments during the year 1970. _CERTIFICATES OF APPRECIATION Mayor Grimmer presented Certificates of Appreciation to Ed Brown, Dick Thomas, Don Erickson, Floyd Brown, Fred Moore, and Hood Cheney, III. All were present except Hood Cheney. The Council expressed their thanks to these men for serving on the City Charter Committee. MRS. ORADAT'S CLASS RECOGNIZED Mayor Grimmer recognized Mrs. Oradat and some of her fifth grade students from Valwood Elementary School. PROHIBITING PARKING ON EAST SIDE OF VALWOOD CIRCLE DISCUSSED Mayor Grimmer explained that this was continued from a previous Council meeting and had been tabled for study. He read a memo from the Administration Department which stated: " An investigation has been made of parking and street conditions on Valwood Circle. The street has been measured and is 27 feet in width. This leaves 19 feet available for traffic, with a legally narked car on one side of the Street. Emerging from this street with ice on the ground is undoubtedly difficult, either xvith or without parking. This is relatively a short cul-de-sac, with approximately 15 feet difference in elevation between the low point at the tip of the circle and the high point at the entrance to Vale-ood Parkway. This cul-de-sac has been added to the Street Department's list of streets to be treated with sand when ice forms on streets. The lots in the circular part of the cul-de-sac have narrow street frontages and any additional narking in front of these lots will be difficult, without blocking drives. If all parking is eliminated within this cul-de-sac, the only place where visitors can park after the driveways are filled, without parking in front of someone elses residence, is on the east side of Heartside, between Valwood Parkway and Candlewick Drive." Mr. George Locus, 2893 Valwood Circle, discussed the intent of the request for no parking on the west side of Valwood Circle. He presented a petition signed by six of the seven property owner who were in favor of Mayor Grimmer's suggestion that the west side of Valwood Circle be made no parking between the hours 7:00 A. M. and 7:00 P. M. Mrs. Betty Runkel, 2855 Valwvood Circle, spoke in opposition to the request. she recommended a 12 hour time ban be put on the east and west sides if they were to be restricted. (The east side is already no parking.) Page 233. Mrs. Runkel pointed out that the people buying the new house which the "no parking" would affect most have not :iad a chance to express their desire or feeling. After some Council discussion on the petition, Councilman Korioth gave some cost estimates if the street were to be widened. The placing of "dead end" signs were discussed. Councilman Linn moved to amend the Ordinance No. 871 by placing a time limit for the no parking on the west side of Valwood Circle as suggested by Mr. Locus, the time being between the hours of 7:00 A. M. and 8:00 P. M., and place a dead end sign at the entrance of the street. Councilman McClung seconded. After some discussion, Councilman McClung withdrew his second to the motion and Councilman Linn withdrew his motion. After some discussion on just placing a dead-end sign at the corner, Councilman Linn moved to amend Ordinance No. 781 and in Section ]„state that both the east and west sides of street be made no parking between the hours of 7:00 A. M. and 7:00 P. M. (motion was not completed) Councilman Linn withdrew his motion. Councilman Binford moved to erect a dead-end sign with no exit or a no through-fare street sign at the entrance of the street. Motion dies for the lack of a second. Councilman McClung moved to amend ordinance no. 871 vrith "no parking between the hours of 7:00 A% M. and 7:00 P. AI. on the east and west sides of Valwood Circle and place dead end signs at the entrance of the street. Motion dies for a lack of a second. Councilman Linn moved that a new ordinance be drawn with no parking on the east side at any time and no parking on the west side of Valwood Circle between the hours of 7:00 A.m. and 7:00 P. M. and place a sign at the entrance of the street in a most effective location indicating it to be a dead end street. Councilman McClung second the motion. Motion failed 3 to 2, with Councilmen Korioth, Binford and Flaherty opposing the motion and Councilman Linn and McClung voting for the motion. After more discussion, Councilman Linn recommended to table until an equitable arrangement can be worked out and - can come to the Council meeting more prepared and more determined to reach a solution on it rather than taking up any more time. The Council directed the City Manager to erect dead end signs at the entrance of Valwood Circle. Page 234. ORDINANCE NO. 87_4 - NO PARKING ON JOSEY LANE FROM LBJ TO VA LLEY VIEW LANE. Mayor Grimmer read the following memo from the City Administration: "A letter was hand delivered to all residences and businesses abutting Josey Lane, between Valley View Lane and LBJ Free 0vay, notifying those interested in the Council's intent to consider the passage of an ordinance prohibiting parking along this section of Josey Lane. The passage of this ordinance will prohibit parking on the entire length of Josey Lane, north to south, in the city limits of the City, which has become one of our highest volume traffic areas. " Mayor Grimmer asked if anyone was present that opposed to this. Mr. Keener, Manager of Sizzler Steak House, objected because it would take away part of his business, since trucks that cannot get in his parking lot could not park on the street. Mr. George Locus spoke in agreement with Mr. Keener. After some discussion, a motion by Councilman Linn, a second by Council- man Korioth, all voting "aye", adopted the following captioned ordinance as recommended by the City Manager: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROHIBITING PARKING AT ANY TIME ON BOTH THE EAST AND WEST SIDE OF JOSEY LANE FROM THE POINT OF ITS INTERSECTION WITH L. B. J. FREEWAY I. H. 635 NORTH- WARD TO THE POINT OF THE INTERSECTION OF JOSEY LANE AND VALLEY VIEW LANE; AUTHORIZING THE CITY MANAGER OR HIS REPRESENTATIVE TO POST SIGNS; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200. 00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. _WEBB CHAPEL RELOCATIONS AND READJUSTMENTS OF UTILITIES City Manager explained that the County has been adjusting utilities which are in conflict with the grade and alignment of Webbs Chapel Road. The City has previously agreed to pay for all utilities except those in conflict with storm sewer lines, which the County pays for. Mr. West stated that it has been necessary to increase the work because of such items as replacing valves, relocating service runs, whose relocation was not previously known, and lowering some lines which were at first believed to be sufficiently deep so as to cause no problem. Mr. West estimated the whole project to be approximately $60, 000. 00,. which would come from the Street Bond Fund. After some discussion, a motion by Councilman McClung, a second by Council- man Korioth, all voting "aye", authorized the expenditure up to $60, 000 for the Webb Chapel Road improvements. Page 235 BID TABULATION FOR PETROLEUM PRODUCTS TABLED Councilman Linn excused himself from the discussion of this item, He is employed by Mobile Oil Company, one of the bidders. After reviewing the bids and a, recommendation, it was found that the recommendation was not in accord with the bid tabulation sheet. Councilman Korioth moved to table the award for Petroleum Products for clarification. Councilman Binford seconded the motion and all voted "aye". TEMPORARY BATCHING PLANT IN METRO SQUARE After some discussion, a motion by Councilman McClung, a second by Councilman Flaherty, all voting "aye", authorized the location for a temporary batching plant as requested by Austin Paving Company. The location being approximately 250 feet west of Metro Drive and 50 feet south of Villa Creek Drive in the Metro Square Addition. ZONING CHANGE REQUEST IN CITY OF DALLAS Mr. Paul West, City Manager, explained the City Plan Commission of the City of Dallas has notified the City of Farmers Branch that on March 4, 1971, Mr. Goldware and others will appear before them to request a renewal of a Specific Use permit for an outdoor commercial amusement area, on the property located on the south side of L. B. J. at the intersection of Josey Lane and Forest Lane. After some discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", -to notify the City of Dallas that the City of Farmers Branch had no objection to the request for a Specific Use Permit. JAYCEES REQUEST ENDORSEMENT OF PROJECT Mr. Ray Oser, of the Jaycees requested the endorsement of the City on an alley cleaning project. He explained the Jaycees would go from door to door seeking permission from the property owner to clean up their alley. He stated they would ask for a $3. 00 donation. It was brought out that this did not relieve the property owner of his responsibilities- for keeping the alley clean. After some discussion, a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", endorsed the Jaycees' request. LEGISLATIVE REPORT BY MAYOR GRIMMER Mayor Grimmer gave an up to date report on some Senate and House Bills that were up before the Legislature in Austin. He presented several resolutions for consideration. After Mayor Grimmer read the attached resolution opposing the Senate Bill No. 303, a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", passed the resolution opposing Senate Bill No. 303. Page 236 RESOLUTION OPPOSING SENATE BILL NO. 303 WHEREAS, by reason that Senate Bill 303 proposes to create a State- level "Public Labor Relations Board", the major objective of which is to establish the requirement that the State and the Cities must bargain collectively with the public employees; and WHEREAS, collective bargaining has no place in the relations between a governmental body and its employees; and WHEREAS, a distinct line should not be drawn between those who are elected and those who are hired for public employment because the government is placed in a position of collectively bargaining with itself; and WHEREAS, the City Government is not a business but a public agency with the purpose of serving and representing the citizens of the community as a non-profit entity; _ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: SECTION 1. That the City of Farmers Branch, Texas expressly opposes Senate Bill No. 303 because collective bargaining has no place in a non-profit public agency which is not a business but merely an organization which serves and represents the community. SECTION 2. That Senate Bill No. 303 must not be adopted for reasons stated above and for the reason that only the City of Farmers Branch, Texas should have the right to decide its own destiny in employee relations. DULY PASSED on the day of 1971. ADOPTED AND APPROVED: Mayor eor G. ri.m.mer ATTEST: Z; City Secretary Mayor Grimmer read a resolution opposing Senate Bill 345. Resolution attached. A motion by Councilman Flaherty, a second by Councilman Korioth, all voting "aye", passed the resolution opposing Senate Bill 345. Mayor Grimmer read the attached resolution opposing Senate Bill No. 280. A motion by Councilman Korioth, a second by Councilman McClung, all voting "aye", passed the resolution opposing Senate Bill 280. Mayor Grimmer read the attached resolution opposing S. J. R. No. 7. Mr. George Locus made statements on people over 65 years-.0f age paying taxe s. A motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", passed the resolution opposing S. J. R. No. 7. Mayor Grimmer read the attached resolution opposing House Bill No. 354. A. motion by Councilman Binford, a second by Councilman Flaherty, all voting "aye", passed the resolution opposing to House Bill No. 354. Mayor Grimmer explained the Bill on Federal Revenue Sharing but no action was taken at this time. REPORT ON DRUG SITUATION Councilman Korioth stated since the Drug Committee's report is at a stand stilt and something should be resolved one way or the other. Councilman Korioth asked the Council to pass a resolution for the Mayor to form a meeting with the Mayor of Carrollton and the President of the School Board in order to get together and see what is, if anything, to be done now. After some discussion, Councilman Korioth moved that Mayor Grimmer form a meeting with the Mayor o£" Carrollton and the President of the School . Board to discuss what steps is needed to be taken, concerning the Drug Committee's report. Councilman Linn seconded the motion and all voted "aye". Miss Runkel asked questions concerning zhe Drug C-om.mittee. Mr. Don Erickson made statements on the Drug problem in R. L. Turner High School. EXECUTIVE SESSION After a brief discussion, Councilman Linn moved to withdraw the condemnation suit on the Durrett property. Councilman McClung seconded the motion- The motion carried 3 to 2 with Councilmen Linn, McClung and Binford voting "ayes' and with Councilman Korioth and Flaherty voting "nay". Page 237. RESOLUTION OPPOSING SENATE BILL 345 WHEREAS, by reason of Senate Bill 345 which amends the Workman's Compensation Act which at present allows a city to carry the risk of employee injury without self-insurance or an insurance policy and to avail itself of all the common law defenses of contributory negligence, assumed risk, and the fellow-servant rule and there is presently a limit on the amount an employee can recover from the city; and WHEREAS, the bill if enacted will change the present law such that if a city does not become a self-insurer or get an insurance policy of workman's compensation then the limit of recovery is dropped and an employee can sue the city for any amount and the only defenses available are the unlikely cases of a wilfully inflicted injury or state of intoxication; and WHEREAS, the natural effect and result of this bill will be to force the city to become a self-insurer or to purchase a policy of insurance, both of which are cost-prohibiting; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: SECTION 1. That Senate Bill 345 is hereby opposed because the natural effect is to force the city to purchase insurance which is cost-prohibitive . SECTION 2. That Senate Bill 345 must not be enacted for reasons stated above and for the reason that it invades the city's right of local self-determination in deciding what is to be purchased and what is not. DULY PASSED on the day of 1971. ADOPTED AND APPROVED: Mayor e org G . Grit~fme r ATTEST: _-CMG-✓'l. _ 1 YL G~'~~~-~. ~ ~ City Secretary RESOLUTION OPPOSING SENATE BILL 280 WHEREAS, by reason of Senate Bill 280, it changes the Texas Tort Claims A.ct such that the governmental unit that has insurance cannot raise the defense of governmental immunity in property claims as the city can now; and WHEREAS, when and if the City of Farmers Branch, Texas has insurance to cover personal injury and/or property damage claims, the effect of this bill will be that neither the city nor the insurance company could claim immunity for a governmental function either on personal injury or property damage claims; and WHEREAS, the natural result of the above will be an increased insurance cost to the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: SECTION 1. That Senate Bill 280 is hereby opposed because it in effect destroys governmental immunity if a municipality has insurance. SECTION 2. That Senate Bill 280 must not be enacted for the reasons stated and for the reason that this legislation invades the province of a city's right to local self-determination. DULY PASSED on the Z day of Z' 19 71. ADOPTED AND APPROVED: Mayor eo ge miner ATTEST: City Secretary RESOLUTION OPPOSING SENATE JOINT RESOLUTION NO. 7. WHEREAS, by reason of S. J. R. 7 which proposes a constitutional amend- ment exempting from all ad valorem taxes levied by cities $3000 of the assessed value of residence homesteads of persons 65 years of age or older; and WHEREAS, Texas cities already are straining to survive with the limited property tax dollars available to them, further limitation or restriction is not economically feasible; and WHEREAS, economic hardship by elderly people is realized, they use the same facilities and services provided by the city in like degree with people of younger ages; and WHEREAS, it proposes to restrict the tax base of the city but offers no off-setting alternative to replace the revenue lost; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS SECTION 1. That the restriction in S. J. R. 7 of the city's tax base without a provision to replace the lost revenue is illogical and not economically feasible because the cities are having a hard enough' time surviving on the tax base as it is and it is hereby opposed. SECTION 2. That S. J. R. 7 must not be adopted for reasons stated above and for the reason that only the City of Farmers Branch, Texas should be the entity which restricts or increases its tax base so as to preserve the city's right of local self-determination. DULY PASSED on the _ day of 1971. A.DOPTE D AND APPROVED: Mayor Geo ge G. rimmer e/y ATTEST: / City Secretary RESOLUTION OPPOSING TAXATION OF PRIVATE PARKS, HOUSE BILL 354 WHEREAS, by reason of House Bill 354 which proposes the taxation of private parks which utilize outdoor recreation such as boating, golfing, camping, swimming, etc, and it places the jurisdiction of such assessment of taxation in the County Commissioner's Court; and WHEREAS, if the private park lies within the limit of a municipality, the commissioner's court by resolution may delegate to such city the power to exercise its authority under this act but the court does not have to delegate the power as the act now reads; and " WHEREAS, the effect of House Bill 354 is to take away from the municipality its power at the discretion of the County Commissioner's Court and this bill further limits the local self-determination right of the city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: SECTION 1. That House Bill 354 is hereby opposed by the City of Farmers Branch, Texas because the bill dictates that the County Commissioner's Court has the discretion of whether or not to let the City have the power that it ought to have anyway. SECTION 2. That House Bill 354 must not be enacted for reasons stated above and for'the reason that the bill invades the city's' right of local self-determination. DULY PA.SSED on the `=f day of 1971. ADOPTED AND APPROVED: Mayo Georg G rimmer ATTEST: City Secretary ADJOURNMENT A motion by Councilman McClung, a second by Councilman Linn, all voting "aye", adjourned the City Council meeting of March 1, 1971 at 10:05 P. M. Mayor Gege`immer X~C~2 tC'fty Secretary f- Page 238.