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1972-03-06 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING March 6, 1972 Members of the City Council present were: Mayor Pro Tem W. R. Linn Councilmen: Ray Flaherty Bill McClung Al Korioth Bill Binford Mayor Grimmer was absent due to being in Washington, D. C. attending a National League of Cities meeting representing the City of Farmers Branch. Members of the Administration present were: City Manager Paul M. West City Attorney George McDonald City Secretary J. W. Wade Director of Public Works Roy Patton Manager of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Pro Tem Linn called the City Council meeting of March 6, 1972 to order at 7:30 P.M. . Roy Patton gave the invocation. DECLARING AN EMERGENCY Upon a motion by Councilman Korioth, a second by Councilman McClung, all voting "aye", declared an emergency and added to the Agenda as Item 3. C. "Presentation on the Development of the Cotton Belt Property by Olin Humphries. " Upon a motion by Councilman Korioth, a second by Councilman Flaherty, all voting "aye", declared an emergency and added to the Agenda as Item 15.A. to "Consider Passing Resolution Authorizing a Temporary Batching Plant to be Located at 13749 Neutron. Requested by Woodbine Corporation." APPROVAL OF MINUTES Upon a motion by Councilman Flaherty, a second by Councilman Korioth, all voting "aye", approved the minutes as written of the City Council meeting of February 21, 1972. PRESENTATION OF SERVICE AWARDS Mayor Pro Tem Linn presented 15 year service awards for employment with the City to Nolan Clements of the Fire Department and to Willie "Jingles" Starnes of Customer Service of the Finance Department. Page 393. PRESENTATION OF THE DEVELOPMENT OF THE COTTON BELT PROPERTY BY OLIN HUMPHRIES. Mr. Olin Humphries gave an interesting progress report of the development of the Cotton Belt Industrial Park which is located in the east section of the City. MAYOR PRO TEM LINN INTRODUCED MR. KEN QUEVREAUX WHO IS A CANDIDATE FOR COUNCILMAN PLACE 3 IN THE APRIL 1, 1972 CITY ELECTION. PUBLIC HEARING - REQUEST FOR ZONE CHANGE FROM R-6 TO LIGHT INDUSTRY ON PROPERTY LOCATED AT 12704 BEE STREET. REQUESTED BY FRANK STEVENS. Mayor Pro Tem Linn opened the public hearing. A transparency showing the location of the property was displayed. Mr. Frank Stevens, 3837 Stratford, Dallas, Texas, representing the property owners, made a request for change of zoning from R-6 to Light Industry on property at 12704 Bee Street. Mr. Stevens stated that he was requesting Light Industry in order to establish a wholesale plumbing supply business. He stated the facilities would include an air conditioned office, office showroom, warehouse and some outside storage. Mayor Pro Tem Linn asked if anyone was present to speak in favor of the request. No one spoke. Mayor Pro Tem Linn asked if anyone was present to speak opposing the request. No one s poke. Councilman Korioth made a motion to close the public hearing. Councilman Binford seconded the motion and all voted "aye". The Council asked Mr. Stevens if he had any experience in plumbing business, Mr. Stevens stated he was with Triangle Supply Company located at '1377 Motor Street in Dallas which had been in business 18 ,years. The removing of the Truth House that is now located on the property on Bee Street was discussed. Mr. Stevens stated the Truth House would be given time to relocate. The PD-15 zoning of the property south of the request was discussed. After more discussion, a motion by Councilman Korioth, a second by Councilman Flaherty, all voting "aye", approved the request for zone change from R-6 to LI at 12704 Bee Street and to include it in the PD-15 zoning as recommended by the Planning and Zoning Commission. THE AGENDA ITEM `T'ITLED "CONSIDER REQUEST TO ERECT SPECIAL EVENT SIGN, REQUESTED BY THE WEBBS CHAPEL METHODIST CHURCH", INAS CANCELLED IN ORDER TO SECURE MORE INFORMATION. Page 394. Councilman Korioth commented that there had been some misunderstanding by the public about what the Council does when the Council grants a special event sign request. He stated there had been some misunderstanding by the request granted to the Jaycees, to erect street banners advertising the selling of coupon books. Councilman Korioth stated that when the Council does grant a request for special event signs, this does not mean that the Council is endorsing that special event but only grants permission for the erection of the sign. MARK TWAIN IMPROVEMENTS DISCUSSED. Mayor Pro Tem Linn stated that a petition of signatures of property owners had been presented to the City requesting that the 2700 block of Mark Twain Drive be made a permanent cul de sac. He asked by the show of hands if anyone was present to speak concerning this. Two hands were raised. Mr. Roy Patton, Director of Public Works, presented 3 drawings showing what could be done for improvements to Mark Twain Drive at Jaycee Park. Exhibit A - number 1 drawing- showed Mark Twain Drive to dead end at the south end of the 2700 block with a parking lot with entrance from Dennis Lane. Mr. Patton stated the parking lot would cost approximately $15, 000. 00. Exhibit B - number 2 drawing- showed Mark Twain Drive being extended from the 2700 block to Dennis Lane with a parking lot in the east end of the park. Mr. Patton stated this improvement would cost approximately $20, 000. 00. Exhibit C - number 3 drawing- showed Mark Twain Drive with a cul de sac extended from the 2700 block and with a parking lot in the east end of the park. Mr. Patton stated this improvement would cost approximately $21, 000. 00. The Council questioned what was requested in the petition, Mrs. Jerry Hudler, 2761 Mark Twain, and Mr. Arthur Coats, 2758 Mark Twain, spoke in favor of the drawing showing Mark Twain to dead end at Jaycee Park. Parking and traffic on the streets around Jaycee Park was discussed. Mr. Patton stated that the suggested parking lot on the drawings would accommodate 69 cars. The use of guard rails in the park was discussed. There was a discussion of barricading Mark Twain Drive at Jaycee Park with 4' posts since the City Manager reported that funds were not available at this time for a parking lot or any other improvements. City Manager Paul West stated the three suggestions for improvements were presented to the Council for guidtance in planning for the future. After some discussion, a motion by Councilman Korioth, a second by Councilman McClung, all voting "aye", instructed the City Administration that Mark Twain Drive be blocked off and plan only for furnishing a parking lot as funds are available as indicated on Exhibit A which is attached. Page 395. FYKE ROAD DISCUSSION. Mayor Pro Tem Linn asked by the show of hands if anyone was present to discuss Fyke Road. Eight hands were raised. The summary of property owner's answers to a questionnaire that was presented to the property owners was discussed. Councilman Korioth stated that it was a policy that when any street is put in no matter who puts the street in the abutting property owner is assessed for the portion abutting the street. City Manager Paul West read the results of the questionnaire that was returned to the City. Mr. West stated that the questionnaire was mailed and hand delivered to the property owners. The summary of results is attached. Mrs. Warren spoke in concern of the results of the questionnaire concerning a sidewalk being installed on property facing Fyke Road. Mayor Pro Tem Linn made the following personal comments to the Fyke Road representatives: "This item Fyke Road is of great importance to each of you or you would not have taken the time to be here. We, the Council, are not hedging, stalling, or putting the issue aside. We appreciate you being here because it shows that unity can exist even in small groups. First, let us analyze this Fyke Road issued not as a problem, but as a cha.llege. There is a solution and an equitable solution, There are proper and legal approaches to gain this solution, but let us review the facts, many times these are lost in the distorted analysis or description or by lack of full comprehension as to what is envolved. At present, as you well know, the street is in the City of Carrollton and it is their responsibility - this is a fact. Even though some act of resolution has been taken, this is not in full compliance with the statutes for the dis- annexation of a thoroughfare or a road. What will be done to undo this fact will have to be initiated by the City of Carrollton, but let us analyze the situation that exists in that municipality because I do not want to infer that we are trying to run their business at all. But the fact that we recognize the legal involvement that certain procedures are taken. Now let's take into consideration the timing of this particular issue or this particular thing. From the standpoint of the news media, anytime is a good time to have news. But from the standpoint that this happens to be an election year and this happens to be a time in reality that there happens to be several offices in question as to who will fill these offices in the City of Carrollton, and it seems that there might be some elements or some people that might set forth to destroy the dignity of either one or both of these municipalities. Either, try to humiliate or try to down grade. This I am Page 396. l] 1 SUMMARY OF PROPERTY OWNER'S ANSWERS TO QUESTIONNAIRE ON FYKE RD. Of the forty-two Questionnaires delivered, twenty-eight replies were received. The following is a summary of the twenty-eight replies. Question 1: "Would you be willing to dedicate, free of cost to the City of Farmers Branch, the five foot easement necessary?" This would be for sidewalk south of the present-south right of way line. Answers: Yes - g No - 17 No Comment - 3 Question 2: "In your opinion, would the construction and main- tenance of a sidewalk as described in question number 1, be a resonable solution to the problem of safety for children along Fyke Road?" Answers: Yes - 9 No - 15 No Comment - 4 Question 3: "Would you rather have Fyke Road paved, including the usual grading and drainage improvements, thereby necessitating an assessment against abut- ting property owners? Paving would include a four foot wide sidewalk within the present right of way." Answers: Yes - 13 No - 10 No Comment - 5 Question 4: "How many Elementary school children leave your home and walk along Fyke Road to school?" Answers: Total of 3 Question 5: "How many Junior High school children leave your home and walk along Fyke Road to school?" Answers: Total of 3 Question 6: "How many High school children leave your home and walk along Fyke Road to school?" Answers: Total of 10 In addition to these answers, five persons signed the Waiver that was enclosed with the letter. sure the City of Carrollton does not want or anticipate and we as a City do not want a like thing to happen. This election time is a time to be very annihilate in the things that you hear in way in which they are said. As you know the Mayor's position and three other Council positions are open and this will be a period of transition for the City of Carrollton. This is a time when some statements could be made that have not been well counciled, statements that may be sincere, and also, the possibility of statements that have no factual reality. Both cities will continue to function regardless of who is elected, not elected, or re-elected, but the same laws and legal procedures will dictate toward a solution to this challenge after those choices have been .made. These two cities have enjoyed growth and municipal success, but if the People that are chosen by the people elected are so small that this challenge cannot be conquered, then neither city deserves to continue to grow toward its projected place in this County or North Texas area. Threats by individuals or by Councils of Government will not add to an equitable solution, but a sound logical appraoch should and will dictate a suitable solution. Time will be involved - patience will need to be controlled. Regardless of which city or by what cooperative venture - Fyke Road will not be forgotten. It will have to be improved in the same legal manner as any other city street. It will not be a gift and it will not be a donation. Property owners along Fyke Road will have to share in the cost in the same procedure or manner that has been done by other properties and other streets in either city. We the Council, me as an individual, and the City of Farmers Branch is here to do what we can toward making Fyke Road the type of street and Safety Avenue that it in all rights should be. This cannot and will not be done under duress or threat, but can only be accomplished through a contribution, a continuation of the harmony and coexistence that has prevailed. I didn't mean to preach a sermon but I do think these things needed to be said and we hope you understand the position of this Council. We hope that in no way have we offended the City of Carrollton or any of the people running for public office because this is their business and at present is their responsibility. " Mrs. Warren asked if the City of Farmers Branch had received a resolution from Carrollton. Mayor Pro Te.m Linn stated we had received a resolution as information from Carrollton but this was not the legal way to disannex a street. Page 397. Mr. David Green stated he was a candidate for the City Council for the City of Carrollton and made comments on the procedure of disannexing Fyke Road. Mr. Jim Miller commented on the questionnaire as to the results of Question 1 and Question 3. The amount of paving Fyke Road was discussed and the cost of paving the road was discussed. The placement of the sidewalk was discussed because of the drainage pipe the sidewalk would have to go in the front yard of the property owner and too, the street right of way was in the city limits of Carrollton. Councilman Flaherty suggested that the P. T. A. encourage the children to walk on the right side of the road. Mr. Willard Bell asked if the ditch needed a drainage pipe, would this be in the assessment program. City Manager Paul West stated they would not be assessed for drainage improvements; just for the street and sidewalk. There being no other comments, the Council moved to the next Agenda Item. LEASE AGREEMENT WITH BAPTIST FOUNDATION FOR LAND TO BE USED FOR PARK AND RECREATION PURPOSES. After some discussion as to the location of the property, a motion by Council- man McClung, a second by Councilman Flaherty, all voting "aye", authorized the City Manager to execute a -lease agreement with the Baptist Foundation for land located Tract 15, 16 and 17 of the North Dallas Truck Farm Addition to be used for Park and Recreation purposes. REQUEST FOR CIVIC AND PHILANTHROPIC USE BY CARROLLTON- FARMERS BRANCH SOCCER ASSOCIATION. Mrs. Carol Manke of the Womens Auxiliary of the Carrollton-Farmers Branch Soccer Association made a request to install a temporary concession stand at Cox Park. Mrs. Manke stated the building would be a 7' x 7' metal building furnished by the Pepsi Cola Company. She requested the building be installed March 7, 1972 and be used until May 1, 1972. The Council informed Mrs. Manke the building would have to comply with the building code and a permit would have to be obtained from the Administration. After some discussion, a :motion by Councilman Korioth, a second by Councilman McClung, all voting "aye", adopted Resolution No. 72-007 which granted the request for the concession stand from March 7, 1972 until May 1, 1972. Page 398. ORDINANCE NO. 9,09 - FIRE PROTECTION AGREEMENT WITH DALLAS COUNTY. City Manager Paul West stated that this was an annual agreement with Dallas County for answering fire calls in the county area adjoining the city limits on the west side of the river. Mr. West stated the agreement provides the city $2, 500. 00, plus a pro-rata share of an $18, 000. 00 County fund. He stated that the city received no calls in the County last year but did receive $2,500.00. Upon a motion by Councilman Korioth, a second by Councilman Binford, all voting "aye", adopted Ordinance No. 909 that provides an agreement with Dallas County for answering fire calls in the county area adjoining the city limits on the west side of the river. REQUEST FOR SPRINKLER SYSTEM IN THE MEDIAN OF SPRING VALLEY BY JIM MORAN. Mr. Jim Moran, developer in the East industrial area, stated that $5, 000. 00 to $6, 000. 00 had been raised for the beautification of the medians in Spring Valley Road. Mr. Moran stated the money had been raised for landscape expenses and requested the Council to investigate the possibilities of the City putting in a sprinkler system. ADVERTISEMENT FOR BIDS AUTHORIZED FOR MATERIALS FOR A SPRINKLER SYSTEM IN THE SPRING VALLEY ROAD MEDIANS. City Manager Paul West requested that the Administration be authorized to advertise for bids for materials for a sprinkler system in the Spring Valley Road medians. The estimated cost for the materials is $6, 900. 00. Mr. West stated that funds were available and would come from the Street Bond Funds. The Council discussed with Mr. Moran the possibilities of matching funds for this project. Mr. Moran stated that it would be a challenge to raise $6, 900. 00 but believe he could get the participation from the property owners. After more discussion, a motion by Councilman Binford, a second by Councilman Korioth, all voting "aye", authorized the advertisement for bids for materials for a sprinkler system in the Spring Valley Road medians. AMENDMENT TO THE ORDER CALLING THE ELECTION. Mayor Pro Te.m Linn explained that Wayne Glenn who was elected Presiding Judge for the City Council election of April 1, 1972 would be out of town on this date and cannot serve. Councilman Korioth recommended Sid Shaw to serve as Judge. There was some discussion on if it was legal for a City Board member to serve as an election judge. Mr. Shaw stated that if there was question, he had rather stay on the Board. Page 399. After some consideration of qualified persons to serve as election judges for the City Council election of April 1, 1972, a motion by Councilman Korioth, a second by Councilman Flaherty, all voting "aye", appointed Pete Sherman to serve as Presiding Judge and Carl Bell, who was present and consented, to serve as Alternate Presiding Judge for the City Council election of April 1, 1972. TEMPORARY BATCHING PLANT AUTHORIZED. 1 LJ By letter to the City, Uvalde Construction Company requested permission to erect and maintain a temporary batching plant on a vacant tract of land located 200 feet east of Midway Road and 300 feet north of Beltwood Parkway. The City received written permission from the property owner giving permission to use the land. No one was present to speak in favor or in opposition of the request. After some discussion, a motion by Councilman Korioth, a second by Councilman McClung, all voting "aye", adopted Resolution No. 72-005 authorizing the erection of the batching plant as requested. TEMPORARY BATCHING PLANT AUTHORIZED. By letter to the City, Ed Bell Construction Company requested permission to erect and maintain a temporary batching plant on a vacant tract of land located on the southeast corner of the intersection of the east service road of I. H. 35E and Squire Place. The City received written permission from the property owner giving permission to use the land. No one was present to speak in favor or in opposition of the request. After some discussion, a motion by Councilman Korioth, a second by Councilman McClung, all voting "aye", adopted Resolution No. 72-006 authorizing the erection of the batching plant as requested. TEMPORARY BATCHING PLANT AUTHORIZED. By letter to the City, Woodbine. Corporation requested permission to erect and :maintain a temporary batching plant on a vacant tract of land located at 13749 Neutron, the southwest corner of Neutron and Sigma Road. The City received written permission from the property owners giving per- mission to use their land. No one was present to speak in favor or in opposition of the request. After some discussion, a ;motion by Councilman Korioth, a second by Councilman Flaherty, all voting "a,ye", adopted Resolution No. 72-008 authorizing the erection of the batching plant as requested. Councilman Flaherty commended the Administration for securing the information of letters of permission and request on the above items. Page 400. Mrs. Mary Bell questioned the location of the land to be used for Park and Recreation purposes in the agreement with the Baptist Foundation. A transparency of the location was shown. Councilman McClung wanted to go on record extending his personal thanks to the City Manager, and his management team for the working time and money involved in the research for documenting the Fyke Road problem. The rest of the Council concurred. ADJOURNMENT Upon a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", adjourned the City Council :meeting of March 6, 1972 at 9:10 P. M. . Mayor Pro Te W. . Linn a City retary J. W. Wade Page 401.