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1972-06-19 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING June 19, 1972 Members of the City Council present were: Mayor George G. Grimmer Mayor Pro Tem W. R. Linn Councilmen: Ray Flaherty Bill McClung Bill Binford Councilman Quevreaux was absent because he was out of town on business, which was recognized as an excused absence. Members of the Administration present were: City Manager Paul M. West City Attorney George M. McDonald Public Works Director Roy Patton Parks & Recreation Director John Burke Manager of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of June 19, 1972 to order at 7:30 P.M. . Councilman Linn gave the invocation. A PPROVA L OF MIND TE S Upon a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", approved the minutes of the City Council meeting of June 5, 1972 with the following correction: On page 463 under the captioned heading "Request for Gas Rate Increase", let the third sentence of the second paragraph read; "The motion carried, with all Councilmen voting for the motion except Councilman Quevreaux who disqualified himself on the grounds that he was an employee of a public utility company. " PRESENTATION OF SERVICE AWARD Mayor Grimmer presented a 5 year service award to Paul Chambers of the Police Department for his employment with the city. PUBLIC HEARING- IMPROVEMENTS TO A PORTION OF SIGMA ROAD IN AN ASSESSMENT PROGRAM. Upon a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", opened the public hearing to consider improvements to a portion of Sigma Road in an assessment program. Page 465. City Attorney George McDonald explained the procedures that would be followed for the public hearing. 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 enhance- ment or detriment to their property because of the improved project. Director of Public Works Roy Patton gave the location of the proposed project and explained the construction of the project. He stated that this portion of Sigma Road that is being considered to be improved, will complete the paving of this street. Mr. Patton testified to the needs of the city and the surrounding industrial area for this project. Mr. Patton testified that all notices of the public hearing in the newspaper and to the property owners were sent in accordance with the State Law prior to this hearing. Mr. Patton stated that each individual property owner abutting Sigma Road would be assessed on a front foot basis. He stated that each individual property owner would be assessed $22. 30 per front foot. Mr. Bryon A. Whitmarsh was the expert land witness of the city. Mr. Whit- marsh gave his qualifications. Mr. Whitmarsh testified that he reviewed each individual tract involved in the improvements on Sigma Road and in his opinion each individual tract would be enhanced or valued more than what has been assessed, which is $22. 30 per front foot. There were 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 McClung, a second by Council- man Linn, all voting "aye", closed the public hearing. After more discussion, a motion by Councilman McClung, a second by Council- man Flaherty, all voting "aye", adopted the following captioned ordinance: 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 IMPROVEMENTS OF SIGMA ROAD FROM 228 FEET WEST OF THE CENTER LINE OF BETA ROAD TO A POINT 618 FEET WEST OF THE CENTER LINE OF BETA ROAD; 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 Page 466. MAKING SAID CHARGE A PERSONAL LIABILITY OF THE PROPERTY OWNERS OWNING PROPERTY ABUTTING ON SAID STREET: AND PROVIDING FOR THE COLLECTION THEREOF; AND DECLARING AN EMERGENCY. PUBLIC HEARING - IMPROVEMENTS TO A PORTION OF SQUIRE PLACE IN AN ASSESSMENT PROGRAM. Upon a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", opened the public hearing to consider improvements to a portion of Squire Place from Denton Drive to I. H. 35 E in an assessment program. City Attorney George McDonald explained the procedures that would be followed for the public hearing. 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 enhance- ment or detriment to their property because of the improved project. Director of Public Works Roy Patton gave the location of the proposed project and explained the construction of the project. Mr. Patton testified to the needs of the city for this project. Mr. Patton testified that all notices of the public hearing in the newspaper and to the property owners were sent in accordance with the State Law prior to this hearing. Mr. Patton stated that each individual property owner abutting this portion of Squire Place would be assessed on a front foot basis. He stated that each individual property owner would be assessed $24.32 per front foot. Mr. Bryon A. Whitmarsh was the expert land witness of the city. Mr. Whit- marsh gave his qualifications. Mr. Whitmarsh testified that he reviewed each individual tract involved in the improvements on Squire Place and in his opinion each individual tract would be enhanced or valued more than what has been assessed, which is $24. 32 per front foot. There were 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 Flaherty, a second by Council- man McClung, all voting "aye", closed the public hearing. After correcting the total cost of the improvements in the ordinance, a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", adopted the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, LEVYING ASSESSMENTS AGAINST VARIOUS Page 467. PERSONS AND THEIR REAL PROPERTY FOR THE PAVEMENT OF A PART OF THE COST OF CONSTRUCTION FOR THE PAVING AND IMPROVEMENTS OF SQUIRE PLACE FROM THE WEST RIGHT-OF-WAY LINE OF DENTON ROAD TO THE EAST RIGHT- OF-WAY LINE OF INTERSTATE HIGHWAY 35 EAST; PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND PAYABLE, THE RATE OF INTEREST, AND FIXING A CHARGE AND LIEN AGAINST SAID STREET; AND PROVIDING FOR THE COLLECTION THEREOF; AND DECLARING AN EMERGENCY. REQUEST FOR VARIANCE FROM THE FENCE ORDINANCE BY WHITE SWAN. This item is brought back to the City Council from the June 5, 1972 meeting. Mr. George Ferguson of White Swan located at 4721 Simonton, requested a variance from the Fence Ordinance No. 881, Section 5, which prohibits fences in the front ,yard. He stated that the White Swan Company would like to extend the paved parking lot and move the fence out to 10' of the curb. He stated that they desired to have all their trucks parked behind the fence. City Manager Paul West stated that at the last Council meeting there seemed to be a conflict of the platting requirements and the zoning requirements but after checking, find there is none. He stated that there was not a 30' building line require- ment as reported to the Council at the June 5, 1972 meeting. Sketch 1 and Sketch 2 that had been presented to the Council was discussed. Sketch l shows the fence being built on the property line and Sketch 2 shows the fencebeing built with the 30' platted building line. Mr. Ferguson made a request that Sketch 1 be approved. The appearance of the fence was discussed. Mr. Ferguson stated he proposed a cyclone fence that would conform with the existing fence. After more discussion, a motion by Councilman Linn, a second by Councilman Flaherty, approved the request of White Swan that is shown on Sketch 1 allowing the fence to be built out to the property line. The motion carried 3 to 1 with Councilmen Linn, Flaherty and McClung voting "aye" and with Councilman Binford voting "nay". REQUEST FOR VARIANCE FROM THE FENCE ORDINANCE BY DR. JIM MILLER. Dr. Jim Miller, '14353 Tanglewood, requested a variance from the Fence Ordi- nance No. 881, Section 5, which prohibits fences in the front yard. Dr. Miller stated that he had a one-quarter acre lake on his property and was having problems of keeping children off his property. He stated that the existing 4' chain link fence around the lake does not keep the children out. He stated that the lake is filled with filth and would like to dredge the lake out and make it more attractive. Page 468. Dr. Miller requested to be allowed to install a poured concrete 8' brick fence along the entire front edge of his property that is 300' long. He stated that it would be an attractive wall with two openings for a proposed circular driveway. He stated he would like to run it back to the existing fence at the back corner of the house. He also stated that he would like to be able to come out in the city's easement in order to get in front of the culvert which runs to a 4' drainage line that goes out across Marsh Lane. Dr. Miller stated that they have plans to build a swimming pool and the wall would protect this. There was a discussion of putting the 8' fence around the lake. There was a discussion of possible realignments of the fence on the property. Mrs. Miller told of the problems they have had with the children coming on their property. After more discussion, Councilman Flaherty made a motion to table the request and let Dr. Miller have an opportunity to make another presentation. Councilman McClung seconded the motion and all voted "aye". REQUEST FOR SITE PLAN APPROVAL FOR TRIANGLE SUPPLY COMPANY. Mr. Frank Stevens, 3837 Stratford, Dallas, Texas, present owner of Triangle Supply Company, requested site plan approval for a wholesale plumbing, heating and industrial supply house at 12704 Bee St. He stated he proposed an 11, 000 square foot masonry building to be located on the northeast corner of the property, with the remainder of the property being used as a storage yard for plumbing supplies. He stated that the storage yard is proposed to be enclosed by a 6' chain link fence which would run along the bank of the creek. He stated that he plans to pave inside the fencing. There was a discussion of a portion of the property being in the flood plain. It was discussed that the location of the flood plain had not been established, and that it was the property owners responsibility to furnish the information to establish the flood plain. City Manager Paul West stated that the flood plain would be the location determined by the elevation of a 100 year flood which is required by the city's ordinances and by the National Insurance Program for the city to observe. Mr. West stated that Mr. Stevens would have to get an engineer to survey the property and calculate the theoridical flood plain elevation. The consulting engineer would have to give a written document to the Public Works Department certifying that this is the flood plain. Mr. Stevens stated that he understood there was a flood plain in the area but could fence and pave on it. Mr. West stated that you cannot build or construct anything that would impede the flood flow and fences be classified as such a structure. Page 469. Mr. Stevens stated that he would have to be able to install a fence. There was a discussion on the '10' side yard that is one of the zoning ordinance requirements because the property to the north is zoned residential. After more discussion, a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", approved the site plan submitted with the condition that Mr. Stevens will abide by a report from a civil engineering firm establishing the flood plain. AGREEMENT WITH BELTWOOD INDUSTRIAL PARK. FOR AN IDENTIFICATION SIGN IN THE MEDIAN OF BELTWOOD PARKWAY AT MIDWAY ROAD. Beltwood Properties is developing a 90 acre business and industrial park east of Midway Road and along the north city limit lines of Farmers Branch. The main street into the development will be Beltwood Parkway. Beltwood Properties would like to put two signs in the median strip of Beltwood Parkway. Sign number one will be the major identification sign for the business park. Sign number two will serve as a directory for the businesses 'located in the business park. The Zoning Board of Adjustment has granted a variance to Beltwood Properties so that the signs can be erected in the street right-of-way without violating the Zoning Ordinance. City Attorney George McDonald read some revisions to the easement and agreement document by Beltwood Properties that had been given to the Council previously. The easement and agreement document requests two easements for the signs. Approval of this easement and agreement document will grant Beltwood Properties the use of these easements for a five year period, and will require Beltwood Properties to maintain the easements and structures, and bear the costs of maintenance and removal of the structures. After some discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", authorized the City Manager to execute an agreement with Beltwood Properties for an identification sign to be located in the median of Beltwood Parkway at Midway Road. USE OF CITY PROPERTY FOR SOCCER FIELDS. City Manager Paul West stated that the city had received a letter from the Carrollton-Farmers Branch Soccer Association requesting use of the old sanitary landfill area on Valley View Lane for the use of soccer facilities. The 'letter stated that the soccer association at this time has the means for leveling the land, supplying wooden light poles with cross members, set in the ground ready for mounting the light fixtures, and supplying the goalposts. The letter stated that this leaves any top soil that might be needed, light fixtures, electrical wiring, and the watering system. It stated that the soccer association would have to depend, for the most part, on the city for these items; however, the association does feel that they could lend some financial assistance in these areas. Page 470. Mr. West stated that part of this area is for future use for a fire station and firemen's training tower and should not be considered as a permanent soccer field. He stated that he would like to point out that there are many other parks and playing fields much older than this where the city needs to make improvements. He stated that in all probability these older parks should receive higher priority for the expenditure of funds. Mr, Roy Smith, president of the Carrollton-Farmers Branch Soccer Association, stated that since soccer is such a growing sport, they are in need of space to practice and play their games. He stated that since the baseball season started, the soccer teams do not have any space on any of the fields. After some discussion, a motion by Councilman McClung, a second by Councilman Flaherty, all voting "aye", to utilize the land in question as requested by the Carrollton-Farmers Branch Soccer Association with the understanding that this is not a part of the park system but will be under the jurisdiction of the city's park system. SANITARY SEWER EASEMENT FROM BROOKHAVEN BUSINESS PARK ACCEPTED. City Manager Paul West stated that the sanitary sewer easement from Brook- haven Business Park presented is needed to extend a sanitary sewer so that a parcel of property may be served with sanitary sewer. Upon a motion by Councilman Binford, a second by Councilman Linn, all voting "aye", accepted a sanitary sewer easement from Brookhaven Business Park. ORDINANCE NO. 923 - AMENDING THE SANITATION ORDINANCE, City Manager Paul West stated that the purpose of this ordinance is to correct errors in wording and to clarify the meaning of certain phrases in the ordi- nance passed at the last Council meeting. City Attorney George McDonald pointed out the corrections and amendments to the Sanitation Ordinance. After some discussion, a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", adopted the following captioned ordinance. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTIONS 14-5, 14-20 AND 14-23 OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING RESPECTIVELY FOR REGULATION TRASH CONTAINERS; WEIGHT; SIZE OF PILES AND REGULATION OF COLLECTION BY OTHER THAN THE SANITATION DIVISION; PROVIDING FOR A PENALTY FOR VIOLATION; AND PRO- VIDING FOR AN EFFECTIVE DATE. Page 471. ORDINANCE NO. 919 CLOSING A PORTION OF IRONDALE STREET City Manager Paul West stated that the ordinance presented conforms with the action of the City Council at their last meeting. He stated that it is an ordinance that closes a portion of Irondale Street but not disposing of the street right-of-way. The portion being from Carrick Street to Verbick Street. After some discussion, a motion by Councilman Flaherty, a second by Councilman Binford, all voting "aye", adopted the following captioned ordinance; AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, CLOSING A PORTION OF IRONDALE STREET, A PUBLIC STREET IN THE CITY OF FARMERS BRANCH; PROVIDING THAT SUCH CLOSING SHALL NOT BE AN ABANDONMENT OF SAID STREET; AND DECLARING AN EMERGENCY. MISCELLANEOUS TRAFFIC SIGNAL EQUIPMENT BID AWARDED City Manager Paul West stated that bids were taken for the miscellaneous traffic signal equipment so they could be awarded in groups or for the total bid amount. Mr. West stated that the two low bids for controllers did not meet the specifications. He recommended that the bid by Econolite in the amount of $76, 595. 99 be awarded for the controllers. He recommended that the bid in the amount of $20, 342. 20 for light fixtures be awarded to Jack Hulett Sales. He recommended that the bid in the amount of $13,869.50 for poles be awarded to Jack Hulett Sales. He recommended that the bid in the amount of $2, 445. 88 for cable be awarded to Econolite. He recommended that the bid in the amount of $920. 00 for pedestrian push buttons be awarded to Econolite. Total cost for all equipment will be $114, 173. 57. After some discussion, a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", accepted the bids as per the City Manager's recommendation in above paragraph. CONTRACT AWARDED FOR IMPROVEMENTS TO MIDWAY ROAD Two Bid Alternates were taken on the improvements to Midway Road project because a drainage must be provided across the Treasury Addition. A drainage easement across this addition was obtained when the addition was platted. The owner and prospective developer of this addition has submitted engineering plans for a culvert to provide this drainage. These plans were submitted at the time the Treasury Addition was platted. The developer planned to install this culvert when he developed the property. City Manager Paul West recommended that the low bidder, Uvalde Construction Company, be awarded the contract for the improvements to Midway Road. Mr. West recommended that the Alternate Bid No. 1 be awarded, contingent upon the developer of the Treasury Addition making satisfactory financial agreements with the City for the payment of his portion of the drainage cost. The estimated cost to the City will be $178,032. 09. The estimated cost to the developer is $48, 776. 68. Page 472. Mr. West stated that if advance payment or a letter of credit cannot be obtained in time for the construction to begin, then Alternate Bid No. 2 is recommended. This alternate provides for the absolute minimum amount of excavation along the above mentioned easement; in order to allow the water to pass under Midway and across the Treasury Addition. The cost to the City, in the event Alternate No. 2 is used, is estimated to be $180, 998. 17. After some discussion, a motion by Councilman Binford, a second by Councilman McClung, all voting "aye", adopted Resolution No. 72-026 which awards the construction contract for the improvements of Midway Road to Uvalde Construction Company for their Alternate No. 1 bid contingent upon the participation from the developer of the Treasury Addition, otherwise Alternate No, 2 bid is accepted. BID AWARDED FOR TELEMETERING EQUIPMENT City Manager Paul West stated that two bids were received for telemetering equipment for the Belt-Marsh and Templeton Trail pump stations. They were: (1) L. & W. Utilities (BIF Equipment) in the amount of $4, 532. 00; and , (2) ACCO-Bristol (Bristol Equipment) in the amount of $4, 553. 00. 00. Mr. West recommended that the bid be awarded to L. & W. Utilities (BIF Equipment). After some discussion, a motion by Councilman Flaherty, a second by Councilman McClung, all voting "aye", accepted the low bid from L. & W. Utilities (BIF Equipment) in the amount of $4, 532. 00 for telemetering equipment. BID AWARDED FOR REFUSE SACKS City Manager Paul West recommended that the low bid of $79. 81 per 100 sacks be awarded to National Paper Company for a one year supply of refuse sacks. He stated that a one year supply of refuse sacks would amount to approximately 1, 200, 000 sacks. There was a discussion on the specifications for the sacks. After some discussion, a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", accepted the low bid of $79.81 per 100 sacks of National Paper Company for a one year supply of refuse sacks, conditioned upon the acceptance of their samples by the Public Works Department. GAS RATE INCREASE APPROVED Mr, Billy Throgmartin of Lone Star Gas Company appeared before the Council requesting the approval of the second reading of an application to the City of Farmers Branch for a gas rate increase. He stated that the proposed rate increase would mean an increase of 20~ per month on the minimum bill. Page 473. After some discussion, a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", approved the request of the Lone Star Gas Company for a gas rate increase. CITY MANAGER'S REPORT City Manager Paul West gave a report on the status of projects of the various departments of the city. Councilman Linn made a motion to accept the City Manager's report. Councilman Binford seconded the motion and all voted "aye". EXECUTIVE SESSION Board Member Appointed After some discussion, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", appointed Tommy Lyons as a regular member to the Zoning Board of Adjustment and Building Board of Appeals from his present Alternate Member position; and, tabled the appointment of an Alternate Member to this Board. Law Suits Discussed City Manager Paul West reported the status of the anticipating law suits by Panosonic and Honda companies concerning their tax problems. There was a discussion concerning the inequitable situation resulting from the claiming of exemptions under the provisions of the Constitution where- by importers do not pay local ad valorem taxes on their inventories. Mr. West requested the authority to hire a specialist attorney to represent the city if and when needed. He recommended a Mr. Vester Hughes, a past clerk in the Supreme Court. There was some discussion of requesting other cities to participate in a Class Action Suit concerning these tax problems. After some discussion, a motion by Councilman Linn, a second by Council- man McClung, all voting "aye", authorized the Administration to acquire a tax specialist legal counselor when needed as recommended by the City Manager; and, investigate the possibilities of entering into a Class Action Suit with other cities concerning this tax problem; and, to prepare a resolution objecting to importing companies not paying their share of the local tax load and send it to the Texas Municipal League asking them to present the resolution at the Texas Municipal League Convention in November. OTHER LAW SUITS City Attorney George McDonald gave a status report on the James Buttrill and the John Oechsner law suit cases. Page 474. Mr. West reported that after study by the Administration on the proposed water contract with the City of Dallas sent by the City of Dallas, the City of Farmers Branch cannot enter into this contract for several objectional reasons. He listed the reasons. There was a discussion of not having justification for our present water rates. There was a discussion of the City of Farmers Branch in cooperation with the City of Grand Prairie of hiring an attorney to represent both cities before the Texas Water Rights Commission for justification of water rates. Mr. West recommended Attorney Frank Booth. Mr. West told of Mr. Booth's past positions and told of his knowledge on the contract by the City of Dallas. The termination of the present water contract was discussed. After more discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", authorized the City Manager to discuss with Mr. Booth the- possibility to represent the City of Farmers Branch. Mr. West discussed briefly a report by C.O.G. on open space, and a revised Regional Sewage Treatment Plan on Finance and Administration by T. R. A.. He stated that these would be discussed at the study meeting of June 26, 1972. Councilman Binford asked if the Council would excuse his absence from the City Council meeting of July 17, 1972. He stated that he would be out of town on business. ADJOURNMENT. Upon a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", adjourned the City Council meeting of June 19, 1972 at 10:20 P. M. Mayo Ge ge i.mmer J. W ade, City Secretary Page 475.