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1972-06-05 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING June 5, 1972 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro Te.m W. R. Linn Councilmen: Ray Flaherty Bill McClung Ken Quevreaux Bill Binford Members of the Administration present were: City Manager Paul M. West City Attorney George M. McDonald City Secretary J. W. Wade Public Works Director Roy Patton Parks & Recreation Director John Burke Police Chief Roger Robbins Manager of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of June 5, 1972 to order at 7:30 P.M.. Glenn Moore gave the invocation. APPROVAL OF MINUTES Upon a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", approved the minutes as written of the City Council meeting of May 1, 1972. CERTIFICATES OF APPRECIATION Certificates of appreciation had been prepared and signed by the Mayor to the following persons: Paul Gross, retiring from the Library Board; Karen Maddry, retiring from the Library Board; Tucker Latham, retiring from the Planning and Zoning Commission; and Joe McGowan, retiring from the Planning and Zoning Commission. Even though they were not present, Mayor Grimmer extended the Councils appreciation for their voluntary service to the city. Mayor Grimmer presented a certificate of appreciation to Sid Shaw for his many years of voluntary service to the city. Mr. Shaw has served since 1962 on the Park and Recreation Commission and the Zoning Board of Adjustment and Appeals. In the early months of 1962, Mr. Shaw was also appointed on the committee that studied and :made recommendations concerning Library facilities in Farmers Branch. Page 448. V ~ v Afarift ~ Gib, VA4 EARLA ORDINANCE NO. 18t0 AN ORDINANCE OF THE CITY OF F 1414ft BRANCH, TEXAS ABANDONING TWO P OF A UTILITY EASEMENT AS SHOWN I EXHIBIT "A" WHICH ARE NO LONGER NEEDED OR NECESSARY; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN FAVOR OF THE OWNERS OF THE ABUTTING PROPERTY; PROVIDING THAT SUCH ABANDONMENT SHALL BE INSOFAR AS APPLICABLE TO THE PUBLIC RIGHT, TITLE AND INTEREST IN SUCH PUBLIC IMPROVEMENTS ONLY; AND DECLARING AN EMERGENCY. WHEREAS, the City of Farmers Branch, Texas acquired this utility easement by a previously filed plat; and, WHEREAS, the existing and proposed improvements have led to the decision to abandon two minor portions of the utility easement; and, WHEREAS, Lone Star Gas Co., TU Electric Co., Southwestern Bell Telephone Co., and Heritage Cable Co. and the Engineering Department agree with the utility easement abandonment; and, WHEREAS, the City of Farmers Branch, Texas concurs with the proposal to abandon these easements. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS: SECTION 1. That the hereinafter described utility easements are hereby abandoned as utility access insofar as the right, title and interest of the public in said easements being abandoned as described in Exhibit "A". SECTION 2. That the described utility easements are abandoned in favor of the abutting owners. SECTION 3. That the abandonment provided for herein shall extend only to the public right, title and interest in and to the utility easement hereinafter described and shall be construed to extend only to the interests that the governing body of the City of Farmers Branch may legally and lawfully abandon in said easements. SECTION 4. This abandonment Ordinance shall constitute a quitclaim deed in favor of the owners of the abutting properties, and a certified copy of the same may be filed for record in the Deed Records of Dallas County, Texas, to indicate such abandonment of the utility easement for utility access purposes only. CITY OF FEIRMIRPS EIRar"ICIA P.O.BOX 919010 FDRITIe'RS GREWICIA, TEXc7S 75361-9010 21-11247-3131 U WEO in FRIEnOSHIP WITH THE DISTRICT OF BRSSETI-RW, nOTTInGHRMSHIRE, GREFIT EIRITRIn von too 414 d. 4e) A r- PAGE 2 ORDINANCE NO. 1884 SECTION 5. The fact that a portion of the utility easement is no longer needed or necessary for utility access or utility placement and the said portion of the easements should be abandoned so that the.. owners can develop their tract, creates an urgency and an emergency in the preservation of the public health, safety and welfare, and requires that this ordinance shall take effect immediately from and after its passage and publication of the caption as the law and charter in such cases provides, and it is accordingly so ordained. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, on this the 7th day of May, 1990. ATTEST: APPROVED: 0,00te -'0 -,-4az- C1 y Secretary David D. Blair, Mayor APPROVED AS TO FORM: City Attorney ORD1884/ENG/ENGLEGAL THE NAMING OF TWO PARKS. 1 Mayor Grimmer stated that the Park and Recreation Board has recommended to the Council two names for the two parks which a Park Naming Contest was held. Mrs. C. R. Ratliff, 14221 Rawhide Parkway, submitted the name of "Temple Trails Park" for the six acre tract located on Templeton Trail between Rockmartin and Cloverdale. Miss Ann McCarthy, the daughter of Mr. & Mrs. John V. McCarthy of 12235 Treeview, submitted the name of "Creek Ridge Park" for the two acre tract located on Webb Chapel Road and Farmers Branch Creek. Miss McCarthy is 9 years old. PRESENTATION OF CERTIFICATES OF APPRECIATION FOR PARK NAMING. Mayor Grimmer presented certificates of appreciation to Mrs. C. R. Ratliff and Miss Ann McCarthy for the names of the two parks as recommended by the Park and Recreation Board. Season tags for the 1972 swimming pool season have been given to the family of Mrs. Ratliff and the family of Miss Ann McCarthy. Upon a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", adopted the name submitted by Mrs, C. R. Ratliff of "Temple Trails Park" and the name submitted by Miss Ann McCarthy of "Creek Ridge Park" for the two parks in question; and that these two park names be placed on the maps and ledgers of the City of Farmers Branch. PRESENTATION OF SERVICE AWARDS Mayor Grimmer presented 10 year service awards to Melvin J. Johnson of the Fire Department and Roy Banks of the Sanitation Division of the Public Works Department for their employment with the city. PUBLIC HEARING - REQUEST BY BILL SKIPPING FOR A ZONE CHANGE ON PROPERTY LOCATED NEAR THE SOUTHEAST INTERSECTION OF MARSH LANE AND BROOKHAVEN CLUB DRIVE, Mayor Grimmer opened the public hearing to consider a request by Bill Skipping for a zone change from existing R-2 zoning to Planned Development Area permitting MF-3 and R-2 uses on property located near the Southeast intersection of Marsh Lane and Brookhaven Club Drive, a 22. 573 acre tract. Mr. Bill Skipping gave a brief summary of the previous hearings and meetings concerning his request for change of zoning on the property that is known as the Beck Property located on the Southeast corner of Marsh Lane and Brookhaven Club Drive. He compared the original plan with the revised plan that is in consideration at this time. Mr. Skipping stated that the office building and the townhouses along Marsh Lane that were on the original plan, had been eliminated. He stated that R-2 zoning is proposed along Marsh Lane and MF-3 zoning on the remainder of the property. He stated that the revised plan reduced the density from '174 dwelling units to 118 dwelling units. Mr. Skipping gave the zoning classifications of the properties that abutts the Beck Property. Page 449. Mr. Skipping told of the proposed right of way needed for the proposed improvements to Marsh Lane and the land for the green belt area along Farmers Branch Creek. He stated that he would be dedicating approximately 25% of the property for right of wayfor Marsh Lane and the green belt area. Mr. Skipping asked the Council to override the decision of the Planning and Zoning Commission, that recommended the plan be denied, and approve his request for change of zoning. Mr. Skipping requested that if the right of way for Marsh Lane and land for the green belt area is to be taken by the City of Farmers Branch, that compensating benefits to improve the balance of the property in form of an additional zoning use be considered. Mr. Skipping stated that if it was not the will of the Council to grant the zone change, then he requested that the requirements for the right of way for Marsh Lane and the land for the green belt area along Farmers Branch Creek be waived. Mayor Grimmer asked if there was anyone else present to speak in favor of the zone change request. No one s poke. Mayor Grimmer asked if there was anyone present to speak in opposition to the zone change request. The following spoke: Mr. Bob Linker, 14435 Valley Hi, presented a petition of property owners in his area opposing the request. He questioned the statements that were in the paper concerning how this would benefit Farmers Branch. He asked the Council to be concerned of what would be best for Farmers Branch and not the return of an investment to this property owner. Mr, Wendal Harrison, 13808 Tanglewood, presented 3 petitions signed by nearby property owners opposing the request for zone change. He stated that most of the property owners who signed the petitions objected because with more apartments in the area,this would cause an increase of traffic on all streets in the area. He stated that there already has been _a tremendous increase in traffic due to the apartments in Addison in this area. He stated that if apartments were built,the schools would be over crowded. He requested the property to remain R-2. He commended the Planning and Zoning Commission for their time that had been spent on this request and for their decision. Mr. Bill Ray, 13844 Tanglewood, opposed the request and presented a petition of property owners in his area opposing the request. Mr. Don Byrd, 3464 Bevann, opposed the request because of the affect it might have on the Hawn property located near his home. He submitted a petition of property owners in his area opposing the request. Page 450. Mr. Vick Anderson, 13843 Tanglewood, presented a petition of property owners on Tanglewood opposing the request. Dr. John Mitchell, 13715 Tanglewood, opposed the request and presented a petition of property owners in his area opposing the request. Mr. Skipping replied to some of the comments that had been made. He stated he was proposing single family attached homes with no side yards which would be handled by a Homeowners Association. He stated there would be no renters, but homeowners. Mr. Skipping requested again that the zone change request be granted if approximately 25% of the property is to be taken for Marsh Lane and the green belt area. With no further comments, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", closed the public hearing. Councilman McClung made a motion that the request for zone change from R-2 to Planned Development MF-3 and R-2 uses on property located near the Southeast intersection of Marsh Lane and Brookhaven Club Drive be denied. Councilman Quevreaux seconded the motion. The motion carried 4 to 1 with Councilmen McClung, Quevreaux, Flaherty and Binford voting "a.ye" and Councilman Linn voting "nay". NO PARKING ON WEBB CHAPEL ROAD DISCUSSED. Director of Public Works Roy Patton explained that since the improvement of Webb Chapel Road, which is now a 6 lane main thoroughfare, scattered parking on the sides of the street is creating a traffic hazard. Mr. Patton stated that there have been problems at Valley View Lane and Webb Chapel Road when cars were parked in the lane next to the curb. He stated that it was the recommendation of the Administration that the Council consider adopting an ordinance prohibiting parking on Webb Chapel Road from L. B. J. Freeway to Fyke Road. He stated that letters had been sent to the property owners along Webb Chapel Road informing them that this consideration would be before the Council on this date. Mayor Grimmer asked if anyone was present to make any comments on this consideration. The following spoke: Mr. Raymond Moffett, 3062 Primrose, made statements opposing the no parking on Webb Chapel Road. He complained of speeding vehicles on this street. Mr. Jack Loe, 13548 Webb Chapel, presented a petition of the 13500 block of Webb Chapel Road property owners opposing to the no parking. He stated that parked cars slowed the traffic down and moves the traffic away from the curb. He stated that most of the homeowners have single driveways and those with two cars would have a problem when they have company. Page 451. Mrs. Jack Loe, 13548 Webb Chapel, concurred with her husband. She complained of the speeding vehicles on Webb Chapel Road. Mr. James Dopson, 13532 Webb Chapel, opposed to the no parking on Webb Chapel Road. He requested a signal light to be installed at Longmeade and Webb Chapel Road to slow the traffic down before reaching the inter- section of Valley View Lane and Webb Chapel Road. Mr. Edwin N. George 13528 Webb Chapel Road, opposed the consideration of no parking on Webb Chapel Road because of the safety of the children who live on Webb Chapel Road and the noise factor. He stated that it was already difficult to get out of his driveway with two lanes of traffic and there would be even more difficulty with three lanes of traffic. Mr. Jim Wade, 3059 Cameo, stated that he did not think that prohibiting parking was the answer. He suggested that at Valley View Lane and Webb Chapel Road, the right lane be designated for 'right turn only'. Mr. J. L. Etheridge, 13818 Webb Chapel Road, objected to the no parking because he, has three cars and there would be no place for him to park one of the cars. Mrs. J. L. Etheridge, 13818 Webb Chapel Road, objected to the no parking on Webb Chapel Road and complained of the speeding vehicles. Mrs. Jean Malone, 13512 Webb Chapel Road, objected to the no parking on Webb Chapel Road because there would be no room for company to park. She stated that a car had come into her yard and hit a tree, and that her car had been hit by a speeding vehicle. She told of the trouble of keeping a manhole cover repaired that was in the street in front of her house. Mr. David Blair, 3105 Golfing Green, stated he had no objection to parking on Webb Chapel Road. He stated that if parking is .permitted in the right lane he would like to see signs posted stating that the lane permits parking. Mr. T. W. Kencheloe, 3062 Valley View Lane, stated that he lives on the corner of Webb Chapel Road and Valley View Lane and three cars have hit his house because of they were speeding. He asked "Where is the Police Department when these speeders are going down Webb Chapel Road. " Mrs. David Blair, 3105 Golfing Green, commended the Police Department. She stated she lived across the street from the Fire Station on Webb Chapel and she saw the Police catching speeders on Webb Chapel all the time. Councilman Quevreaux asked Mr. Loe if the homeowners had considered to prohibit parking during a certain time of the day on Webb Chapel Road? Mr. Loe, 13548 Webb Chapel, stated that this had not been discussed by the homeowners. Page 452. Councilman Binford asked Roy Patton if there had been consideration to have no parking on Webb Chapel Road except the 13500 block of Webb Chapel? Mr. Patton stated that there had been some consideration to restrict parking on Webb Chapel Road except the block of Webb Chapel Road between Emiline and Longmeade due to hardships that would be caused to these property owners. He recommended that no parking be on the entire street of Webb Chapel or that there be no restrictions at all. Mr. Quinton Johnson, 14421 Southern Pines Court, stated that if the Council prohibits parking on Webb Chapel Road there would be the same problems as on Valwood Parkway. He stated the cars would be parking on the sidewalks and in the yards. He objected to the installation of any more signs on the streets. Col. E. J. Ochs, 3232 Brookhaven Club Drive, agreed with the property owners that spoke in opposition to the no parking. He stated that he would like to see a traffic study done of the speeding vehicles. He suggested that the street be marked with a solid white line for the lane next to the curb for parking. He objected to the one block being provided for parking. He questioned the amount of devices used for catching speeders. City Manager Paul West listed the devices used by the Police Department to catch speeders. Councilman Flaherty asked what was the length of the driveways? Several of the property owners commented that they had only a single driveway which was room for only two cars. Councilman Flaherty stated that he was surprised to hear of excessive speeders on Webb Chapel Road. After more discussion, Councilman Quevreaux made a motion that the ordinance prohibiting parking on Webb Chapel Road presented not be adopted, and instructed the traffic department to make a complete traffic study of the traffic load on Webb Chapel Road; and that the Police Depart- ment close patrol this street for speeding vehicles as they have done in other areas of the city that have had the same problem. Councilman Flaherty seconded the motion. The motion carried with all voting "aye". Councilman Linn suggested that consideration be given on the suggestion of striping the right lane of the street with a white line. WIDENING OF INWOOD ROAD DISCUSSED. City Manager Paul West stated that the city has had several requests from property owners in the eastern industrial area of the city to widen Inwood Road. He stated that Inwood Road was designated as a major thoroughfare prior to the construction of Dallas Parkway. He stated that it is now considered necessary to construct Inwood Road to full major thoroughfare standards because of its proximity to Dallas Parkway. Mr. West stated that Inwood Road will be important to the City in the future for industrial area access when Dallas Parkway has been approved to the planned, limited access standards. Page 453. REQUEST FOR VARIANCE FROM FENCE ORDINANCE BY WHITE SWAN Mr. George Ferguson of White Swan requested a variance from the Fence Ordinance No. 881, Section 5, which prohibits fences in the front ,yard, so that their company can extend the fence out to the right of way line. He stated that this would give them an additional 69' in length plus 130' in width. He stated that they were planning on increasing the size of their paved parking 'lot area and are wanting to keep all their trucks behind the fence. White Swan's address is 4721 Simonton. City Manager Paul West stated that not only is the variance from the Fence Ordinance is to be considered, but the Metropolitan Industrial Park plat that establishes a thirty foot building line along Simonton Street is also to be considered. There was a discussion on the possibilities of replatting the property. The front yard requirements for White Swan was discussed. City Attorney George McDonald stated that to grant this request three things would have to be done; 1. A variance from the fence ordinance; 2. Replat the property to eliminate the 30 ft. set back line; and, 3. A zoning amendment. After some discussion, Councilman Linn made a motion to table this consideration and place it on the June 19, 1972 Council Agenda; and, that the Administration is to study this in cooperation with White Swan and come back to the Council with a recommendation. Councilman Binford seconded the motion and all voted "aye". RESOLUTION ADOPTED OPPOSING REVENUE SHARING BILL. Councilman Quevreaux made statements opposing the Revenue Sharing Bill and stated that he had asked the Administration to prepare a resolution opposing the bill. Councilman Flaherty also -prepared a resolution. The Council agreed upon Councilman Flaherty's resolution. After reading the resolution, Councilman Flaherty made a motion to adopt the attached Resolution No. 72-024 that opposes the Revenue Sharing Bill. Councilman Quevreaux seconded the motion after he requested that the resolution be sent to the Texas Municipal League. Councilman Flaherty agreed. The motion carried with all voting "aye". RESOLUTION ADOPTED EXPRESSING CONCERN OVER THE INEQUITIES CAUSED BY ARTICLE 1, SECTION 10, CLAUSE 2, OF THE U. S. CONSTITUTION. Councilman Quevreaux spoke in concern of the business firms dealing in foreign imported goods escaping their fair share of the cost of local government by claiming an exemption under Article 1, Section 10, Clause 2, of the United States Constitution for their share of the local ad valorem taxes, He stated that he had asked the Administration to prepare a resolution for consideration. After some discussion and the reading of the resolution, a motion by Councilman Quevreaux, a second by Councilman Flaherty, all voting "aye", adopted the attached Resolution No. 72-025 that expresses concern over the inequities caused by Article 1, Section 10, Clause 2, of the U. S. Constitution. Page 455. Mr. West stated that a study has been made of two street sections which could be used for the design of Inwood Road paving improvements. One of these sections has 44 feet of roadway plus curbs for a back to back width of 45 feet. The preliminary cost estimate for this street within Farmers Branch is $325, 000. 00. The other street section investigated consists of two 24 feet roadways plus curbs and separated by a median for a back to back width of 63 feet. The preliminary cost estimate for this street paving to this standard is $375, 000. 00, with an additional cost of $8, 000. 00 for a median sprinkler system. Mr. West stated that the median would allow street beautification in keeping with the city's other major thoroughfares. Mr. West stated that drainage costs will be essentially the same for either of these sections. He stated that the abutting property owners will be assessed for all paving costs adjacent to their property. He recommended that the Council authorize the construction of this street with a median when paving is approved. Mr. West stated that letters were sent to the property owners, who have requested that Inwood Road be widened, inviting them to the Council meeting for this discussion. Mayor Grimmer asked if anyone was present to speak in this discussion. The following spoke: Mr. Dan Cullum of Cullum Construction Company stated that their company was a subsidiary of the Tom Thumb Stores and they were planning to build a 250, 000 sq. ft. building on Inwood Road. He spoke in favor of the improvement of Inwood Road. The policy of the city that the cost of the street would be assessed to the abutting property owners was discussed. Mr. Cullum stated that the street is needed badly and would have no choice but to go along with the assessment policy. Councilman Flaherty requested that the property owners making the request for improvements to Inwood Road be made a part of the minutes. Mr. West stated that there has not been a response from the property owners since a letter was sent telling them that this would be in an assessment program. There was a discussion on the preference of having a median in the street. After more discussion, a motion by Councilman Binford, a second by Councilman Linn, all voting "aye", authorized the Administration to proceed with the design and engineering for improvements to Inwood Road to a two 24 ft. roadway plus curbs and separated by a median for a back to back width of 63 ft. Page 454. REQUEST BY BROOKHAVEN OFFICE PARK, INC. FOR REVISED SITE PLAN APPROVAL OF BROOKHAVEN OFFICE PARK. PROPERTY LOCATED AT THE NORTHEAST CORNER OF I. H. 635 AND WEBB CHAPEL ROAD. Director of Public Works Roy Patton stated that Brookhaven Office Park, Inc. has submitted a revised site plan of Phases I thru IV of their development. He stated the plan has been revised to show the new north-south street from I. H. 635 to Maybrook Drive and the new parking lot arrangement along the east side of the new north-south street. He stated that the Planning and Zoning Commission recommended the approval of the site plan subject to the plan being revised to show only one driveway, a maximum 40 feet and a minimum 35 feet from the new north-south street into the west parking lot of the office park. The site plan was shown to the Council. Mr. L. A. Peterson, one of the business partners of Brookhaven Office Park, Inc., was present and made his request for the site plan approval as recommended by the Planning and Zoning Commission. After some discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", approved the site plan submitted for Brookhaven Office Parr as recommended by the Planning and Zoning Commission. Councilman Linn suggested that the Agenda be changed to read "Northeast" instead of "Northwest" on this item. REQUEST FOR SITE PLAN APPROVAL OF THE PROPERTY LOCATED AT 13226 BEE STREET. Mrs. Sy Clark, a representative of Mrs. Richardson's Day School, requested site plan approval for an addition to the existing one-story masonry building. The addition will be a two-story masonry building, 2,480 sq. ft, in total area. The new addition will be used for the Day School. In addition to the two- story addition, there will be a small equipment building, 8' x 121, located along the south property line. The existing unoccupied two-story wood frame structure located on the west part of the property will be torn down in order to make room for the new additions. The Planning and Zoning Commission recommended that the site plan be approved. The new addition will face Bee Street. After some discussion, a motion by Councilman Linn, a seconded by Councilman Flaherty, all voting "aye"; granted the request for the site plan for 13226 Bee Street as recommended by the Planning and Zoning Commission. REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED ON THE NORTHWEST CORNER OF IRONDALE AND CARRICK STREET. Mr. Charles Blaylock, 6110 Miller Road, Dallas, Texas, requested site plan approval for a proposed office-warehouse building to be 'located on the Page 456. northwest corner of Irondale and Carrick Street. This is in the PD-5, "C", Zone. The building is proposed to be located on the northwest corner of the property with the north and west walls being on the property lines of the property. The site plan was shown to the Council. The property has access to utilities and a paved street meeting the requirements of the Zoning Ordinance. The Planning and Zoning Commission recommended that the site plan be approved with the condition that some agreement as to the closing of Irondale Street be worked out with Mr. Blaylock and Mr. Henry. (Mr. Cowden Henry was with Mr. Blaylock presenting the request before the Planning and Zoning Commission.) Mayor Grimmer explained that one of the provisions of the PD-5 Plan that was adopted was the closing of Irondale Street. when agreeable with the abutting property owners. Mr. Blaylock stated that they were agreeable to the closing of Irondale Street for it would give them more room for parking. Mr. Blaylock and Mr. Henry had previously stated that tfiey are agreeable to the closing of Irondale Street provided that they be able to obtain one-half of the right of way of Irondale Street. There was Council discussion as to the procedures that needed to be followed for closing Irondale Street. After more discussion, Councilman Linn made a motion that the site plan be approved; that Irondale Street be closed as provided in the city's adopted PD-5, "C" Zone thoroughfare plan; that the property be deeded to the adjoining property owners; that the City retain easement rights to the said property; and, that proper ordinance and replat requirements be fulfilled. Councilman Quevreaux, seconded the motion and all voted "aye". PIONEER DAYS CELEBRATION DISCUSSED. Mr. Billy Teel of the Jaycees requested that the Jaycees be given approval by the Council to sponsor the planning and conducting of Pioneer Days that has been celebrated in Farmers Branch for a number of ,years. Mr. Teel stated he had been elected by the Jaycees to conduct the Pioneer Days Celebration this ,year. He stated that he had successfully conducted this celebration two years ago and this year he is planning a celebration that Farmers Branch will be proud of. There was a discussion on the way it was conducted last year. After more discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", allowed the Jaycees to sponsor the on-coming Pioneer Days Celebration in Farmers Branch. Page 457. Councilman Flaherty suggested that the Jaycees really put forth an effort to encourage other organizations to participate in this event. City Manager Paul West asked that the chairman of the event to work closely with the Public Works Department for procedures and requirements of the city. CITY MANAGER REPORTS. City Manager Paul West gave a report on the swimming pools. He told of the pools being vandalized the night before the pools were to be opened the next day. The damage caused a delay of two hours after opening time at the Showman Pool. The damage done at the Rawhide Pool caused a one day delay in opening, BATCHING PLANT AUTHORIZED. By letter to the City, Woodbine Corporation has requested permission to erect and maintain a temporary batching plant located at 12400 Josey Lane, The plant will operate beginning June 7, 1972 through June 30, 1972, The City received written permission from the property owner giving permission for the use of the land. After some consideration, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", adopted Resolution No. 72-023 authorizing the erection of a temporary batching plant as requested. REQUEST TO THE PLANNING AND ZONING COMMISSION TO AMEND THE ZONING ORDINANCE REGULATIONS CONCERNING BATCHING PLANTS _ 1 City Manager Paul West stated that it was the recommendation of the Admin- istration that the City Council request the Planning and Zoning Commission to make a recommendation concerning the present requirement of a Specific Use Permit for all batching plants. He stated that the proposed amendment would allow small batching plants, whose use is restricted to a single piece of private property, to be placed on the property with the issuance of a permit from the Public Works Department, rather than coming before the Council each time. After some discussion, a motion by Councilman Linn, a second by Councilman Binford, requested the Planning and Zoning Commission to study, and make a recommendation to the Council amending the Zoning Ordinance regulating batching plants. The motion carried 4 to 1 with Councilmen Linn, Binford, McClung and Flaherty voting "aye" and Councilman Quevreaux voting "nay". PUBLIC HEARING - IMPROVEMENTS TO SPRING VALLEY ROAD IN AN ASSESSMENT PROGRAM. Mayor Grimmer asked City Attorney George McDonald to conduct the public hearing . Page 458. Mr. McDonald explained the procedures that would have to be followed. He stated that the purpose of the public hearing is to give the abutting property owners on the street that is being improved the full and fair opportunity to voice their objection to any irregularity, their opinion, or give their testimony concerning any enhancement or detrimental to their property because of the improvement project. Upon a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", opened the public hearing for consideration of the assessment paving of Spring Valley Road between Dallas Parkway and Midway Road. The first witness was Director of Public Works Roy Patton. Mr. Patton explained the construction of the project. Mr. Patton testified to the needs of the city of this project and the surrounding industrial area of Spring Valley Road. Mr. Patton testified that all notices of the public hearing in the newspaper and to the property owners were sent according to State Law prior to this hearing. Mr. Patton stated that neither the storm sewer cost or the drainage cost is included in the assessment. Mr. Patton explained that each individual property owner would be assessed on a front foot basis that abutts Spring Valley Road. Mr. Lanny Woods was the second witness. Mr. Lanny Woods was the expert land witness of the city. Mr. Woods gave his qualifications. He is employed with J. C. Whitten and Associates, a commercial brokerage company. Mr. Woods testified that each individual property abutting Spring Valley Road between Dallas Parkway and Midway Road has been enhanced or valued more than what has been assessed which is $32.46 per front foot. Mr. Woods stated that in his opinion the assessments are fair and in order. After several statements made concerning values of the property along the improved Spring Valley Road, Mr. J. C. Whitten stated that he concurred with the opinions of Mr. Woods. There %ere no other persons present to speak in favor of the assessment. There was no one present to speak opposing the assessments on the property. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", closed the public hearing. After some discussion, a motion by Councilman: Flaherty, a second by Councilman Linn, all voting "aye", adopted the following captioned ordinance. Page 459. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, LEVYING ASSESSMENTS AGAINST VARIOUS PERSONS AND THEIR REAL PROPERTY FOR THE PAVEMENT OF A PART OF THE COST OF CONSTRUCTION FOR THE PAVING AND IMPROVEMENT'S OF SPRING VALLEY ROAD FROM THE EAST RIGHT OF WAY LINE OF MIDWAY ROAD TO THE WEST RIGHT OF WAY LINE OF DALLAS PARKWAY; PROVIDING FOR THE TIME WHICH SUCH ASSESSMENTS BECOME DUE AND PAYABLE, THE RATE OF INTEREST, AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND MAKING SAID CHARGE A PERSONAL LIABILITY OF THE PRO- PERTY OWNERS OWNING PROPERTY ABUTTING ON SAID STREET; AND PROVIDING FOR THE COLLECTION THEREOF; AND DECLARING AN EMERGENCY. IMPROVEMENTS TO PORTION OF VALLEY VIEW LANE DISCUSSED City Manager Paul West stated that representives from the Public Works Department, Park Department, and from Pratt, Box, Henderson & Partners, an architectual firm had been working together to see if they could come up with a plan on the utilization of Valley View Lane at Farmers Branch Creek. Mr. Henderson of the architectual firm presented drawings of a plan for Valley View Lane at Farmers Branch Creek. The plan proposed splitting the eastbound and westbound of the street where it crosses the creek. The westbound lane, according to the plan, would continue straight across the creek with a small curve to the south at one point to preserve some trees to the north of the roadway. The eastbound lane would bend to the south though, and run along the south bank of the creek. That would leave an attractive natural area between the divided lanes of the roadway. The plans showed pedestrian walkways along this area of the street and under the bridge. Mr. West stated that the citizens in the area are aware of proposed plans for the widening of Valley View Lane from Webb Chapel Road to Templeton Trail. and have been given opportunities to voice their opinions. After some discussion concerning securing the south right-of-way, a motion by Councilman Binford, a second by Councilman McClung, all voting "aye", authorized the administration to proceed with the preparation of the plans and specifications for the widening of Valley View Lane from Webb Chapel Road to Templeton Trail. ORDINANCE NO. 922 - REVISING NATURAL GAS PLUMBING CODE. City Manager Paul West stated that the ordinance that has been presented for consideration establishes standards for installation and workmanship for gas piping systems. Section 6 of the ordinance allows new types of materials, which are :manufactured and installed in accordance with recognized standards, and which are approved and acceptable for gas piping work. Under this Section 6 of the ordinance, an approved type of plastic pipe could be used for gas plumbing systems. Page 460. Mr. West stated that plastic pipe has been used by the gas company in their gas mains for quite some time. He stated that other cities in this area have allowed plastic pipe to be used in their gas piping systems. Mr. Billy Throgmartin of the Lone Star Gas Company recommended that the City allow the plastic pipe to be used. After some discussion, a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", adopted the following captioned ordinance as recommended by the City Manager: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, REPEALING ORDINANCE NO. 274, KNOWN AS "THE NATURAL GAS PLUMBING CODE", AND ADOPTING IN LIEU THEREOF A CODE REGULATING THE INSTALLATION OF NATURAL GAS PIPES, FITTINGS AND APPLIANCES IN BUILDING AND STRUCTURES IN THE CITY OF FARMERS BRANCH, TEXAS: PROVIDING THE MANNER IN WHICH NATURAL GAS PLUMBING AND REPAIRS SHALL BE DONE, THE KIND AND CLASS OF MATERIAL TO BE USED IN SUCH WORK AND THE SPECIFI- CATIONS FOR SUCH PLUMBING; DEFINING TERMS, REQUIRING PLUMBERS TO HAVE STATE LICENSES IN CERTAIN INSTANCES AND WORK TO BE DONE UNDER THE SUPERVISION OF A MASTER PLUMBER; REQUIRING PERMITS; REGULATING THE LOCATION AND CONNECTION OF GAS METERS; PROVIDING FOR INSr~ECTIONS AND FEES FOR INSPECTIONS; PRESCRIBING THE POWERS AND DUTIES OF THE PLUMBING INSPECTOR; PROVIDING FOR THE ENFORCEMENT OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING A PENALTY OF FINE NOT LESS THAN $10. 00 NOR MORE THAN $200. 00 FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. WIDENING OF ROYAL LANE DISCUSSED. Mr. West, City Manager, stated that the County of Dallas has requested the City of Farmers Branch to participate in the cost in the temporary widening and pavin.gvkR-oyal Lane from the Dallas city limits to Luna Road. The estimated cost to the city is $39,000. 00. Mr. West stated that he has requested more information concerning this because he feels that with the information he has received to this date does not justify this expenditure. He said no action is necessary, this is just information for the Council. SUPPORTING THE CITY OF DALLAS' APPLICATION CONCERNING ORGANIZED CRIME TASK FORCE. Mr. West, City Manager, stated that the Council of Governments asked for comments of the Dallas County cities concerning the application from Dallas for continuing assistance for the organized crime task force. Page 461. Mr. West stated that this organized crime task force has been of benefit to the City of Farmers Branch through the participation and cooperation of the Sheriff's Department. Mr. West recommended that the City Council authorize the Administration to convey to the Council of Governments that the City of Farmers Branch supports the City of Dallas in their application for funds for continuing assistance for the Dallas area organized crime task force. Upon a motion by Councilman Flaherty, a second by Councilman Binford, all voting "aye", authorized the Administration to convey to the Council of Governments that the City of Farmers Branch supports the City of Dallas in their application for funds for continuing assistance for the Dallas area organized crime task force. RESOLUTION FOR THE CONSTRUCTION OF MIDWAY ROAD Mr. West, City Manager, stated that the Council has previously authorized the preparation of plans and specifications and the advertisement for bids for the construction of Midway Road from the north right of way line of I. H. 635 to the north right of way line of McEwen Road. He stated that a formal resolution is required by State Law if it is to be in an assessment program. After some discussion, a motion by Councilman Linn, a second by Council- man McClung, all voting "aye", adopted Resolution No. 72-022 which authorizes the preparation of plans and specifications and the advertisement for bids for the construction of Midway Road from the north right of way line of I. H. 635 to the north right of way line of McEwen Road. SPRING VALLEY ROAD CHANGE ORDER AUTHORIZED. City Manager Paul West stated that the City has been requested by the County of Dallas Public Works Department to participate in one-half of the cost of raising the pavement to overcome a conflict in the grade between the pavement and a water main in Spring Valley Road. He stated that one-half the cost is $6, 750. 00 and this would raise the city's commitment for the project to a total in the amount of $100, 996. 79. After some discussion, a motion by Councilman Flaherty, a second by Councilman Binford, all voting "aye", approved the change order submitted from the County of Dallas and authorized the City Manager to obligate the city in one-half of the amount of the change order which is $6, 750. 00. ADVERTISEMENT FOR BIDS AUTHORIZED FOR TELEMETERING AND CONTROL EQUIPMENT City Manager Paul West stated that additional control and data transmission equipment is needed to interconnect the two overhead storage tanks, the Belt-Marsh pumps station, the Templeton Trail pump station and the Utility Department's operating offices at the Service Center. Page 462. Mr. West stated that keeping this additional equipment compatible with some existing equipment may restrict the number of suppliers who can submit competitive bids. He stated that because of the few possible suppliers, and the need for this equipment, it is requested that the Council waive the informalities of the required two weeks notice in the news- paper advertising for bids. After some discussion, a motion by Councilman McClung, a second by Councilman Flaherty, all voting "aye", authorized the advertisement for bids for te7e.metering and control equipment for the water distribution system, but waived the formality of the requirement for the two week advertisement in the newspaper. REQUEST FOR GAS RATE INCREASE Mr. Billy Throgmartin of the Lone Star Gas Company presented a request for approval of the first reading of an application to the City of Farmers Branch for a gas rate increase. He stated that the proposed rate increase would mean 20~ per month to the residential and commercial users. After some discussion, Councilman Linn made a motion that the first reading be accepted for considering the request by Lone Star Gas tnoation. xnpan for ga rate, increse. Counci,mq ie iymse? being the utQltgnrounc~. lman uevreaux is ua public y company. ORDINANCE NO. 921 - REVISED SANITATION ORDINANCE Mr. West, City Manager, stated that the sanitation ordinance had been revised to more clearly define the policies and responsibilities relating to sanitation collection and disposal services. He stated it would provide for operation of the disposal facilities in accordance with the existing State laws, and to provided the basis for improved handling of solid wastes. Mr. West also stated that it changes the policy of the distribution of the garbage sacks. The entire 70 sacks will be delivered instead of the 52. It was discussed and agreed that in Section 14-5 of page two, to change the word another's in the second line and add a commercial or business , and, in the seventh line leave out the words another person. After more discussion, a :motion by Councilman McClung, a second by Councilman Linn, all voting "aye", adopted the following captioned ordinance with the changes that were .mentioned: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTIONS 14-1, 14-4, 14-16, 14-17, 14-20, 14-23, 14-25, 14-37, 14-38 AND 14-40 AND ADDING SECTIONS 14-5 AND 14-27 OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, TEXAS: PRO- VIDING RESPECTIVELY FOR: DEFINITIONS OF TRASH; DEPOSITING GARBAGE AND TRASH; FURNISH BAGS TO DWELLINGS; REQUIRING APPROVED REFUSE BAGS; REGULATING CONTAINERS IN ALL WASTE COLLECTION; PLACING CONTAINERS FOR COLLECTION; REGULATIONS FOR COLLECTION BY THOSE OTHER THAN THE SANITATION DIVISION; REGULATION OF DUMPING GROUNDS; MANDATORY MONTHLY CHARGE Page 463. OF $2.50 FOR EACH RESIDENCE UNLESS THERE IS A DISCOUNT; AND REGULATING BUSINESS AND ESTABLISHMENT RATES WITH MINIMUM MONTHLY CHARGE OF $3.50; DEPOSITS FOR GARBAGE COLLECTION; DESPOSITING GARBAGE OR TRASH IN A CONTAINER WHICH BELONGS TO ANOTHER; REGULATING TRASH COMPACTORS; AND PROVIDING FOR A PENALTY FOR VIOLATION NOT TO EXCEED A MAXIMUM OF TWO HUNDRED DOLLARS ($200. 00); AND DECLARING AN EMERGENCY. APPROPRIATION OF FUNDS FOR SANITARY LANDFILL OPERATIONS. City Manager stated that the operation of our sanitary landfill, in accordance with existing regulations of the State Board of Health and the Texas Water Quality Board, will require that there be no uncontrolled dumping at the site. He stated that this control of dumping will also be to our advantage in allowing the collection of fees for the use of the landfill, in preventing fires and scavenging, and restricting the area of operations at the land- fill. Practical considerations will require that the landfill site be open seven days a week, and it is recommended that the site be kept open for 10 hours each day to prevent any significant dumping outside of the land- fill. Providing personnel and facilities to allow control of the landfill will require expenditures of approximately $6, 500. 00 during this fiscal ,year. Mr. West recommended that this $6, 500. 00 be appropriated for this purpose. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", authorized the appropriation of funds in the approximate amount of $$6, 500. 00 for sanitary operations for the remaining of the fiscal ,year. JULY 3 COUNCIL MEETING DATE DISCUSSED. Due t.c the regularly scheduled City Council meeting falling on a day before the holiday of July 4, 1972, Councilman Binford made a motion to dispense with the Council meeting of July 3. Councilman Linn seconded the motion and all voted "aye EXECUTIVE SESSION After some discussion, a motion by Councilman Quevreaux, a second by Councilman McClung, all voting "aye", appointed Mrs. Betty Enniga to serve on the Library Board for a two year term. ADJOURNMENT Upon a ;motion by Councilman McClung, voting "aye", adjourned the City Council Mayor eorge immer 2,z / City Seciet6/ a second by Councilman Linn, all meeting of June 5, 1972 at 11:59 P. M. . Page 464.