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1971-05-17 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A. REGULAR MEETING May 17, 1971 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro-Tem W. R. Linn Councilmen: Ray Flaherty Bill McClung Bill Binford A.1 Korioth City Manager City Attorney City Secretary Paul M. West George McDonald Ruth Ann Parish Mayor Grimmer called the City Council meeting of May 17, 1971 to order at 7:30 P. M.. Glenn Moore gave the invocation. ITEMS DECLARED EMERGENCY FOR DISCUSSION Upon a motion by Councilman Binford, a second by Councilman Korioth, all voting "aye", declared an emergency to discuss recommendations from the Park and Recreation Board on swimming pool hours which will be Item No. 9. A.. on the Agenda; and, to discuss land acquisition which will be Agenda Item No. 15. B. A.PPROVA.L OF MINUTES Upon a motion by Councilman McClung, a second by Councilman Flaherty, all voting "aye", approved the minutes as written of the regular meeting of the City Council of May 3, 1971. REQUEST FOR CLOSING A. STREET FOR PARTY Mrs. Roger Taylor, 3632 Courtdale Lane, requested the Council to allow barricades to be placed on Courtdale Lane, from Marsh Lane to approximately 3612 Courtdale Lane, closing this portion of the street for a neighborhood family-type picnic from the hours of 6:00 P.M. to 10:00 P.M. on Saturday, May 22, 1971. Mrs. Taylor submitted a petition of the property owners supporting the request. Mrs. Taylor stated the street could be cleared if any emergencies arose. Page 262. It was brought out that the Police and Fire Departments would be alerted to the hours and location of the street that would be closed. Mayor Grimmer asked if anyone was present to speak for the request. No one other than Mrs. Taylor was present to speak. Mayor Grimmer asked if anyone was present to speak opposing the request. No one spoke in opposition. After some discussion, a motion by Councilman Linn, a second by Council- man McClung, all voting "aye", granted the request by Mrs. Taylor to close the street of Courtdale Lane, from Marsh Lane to 3612 Courtdale Lane, from the hours of 6:00 P.M. to 10:00 P.M. on May 22, 1971 for a neighborhood, family-type picnic. PIONEER DAYS PLANNED BY THE JAYCEES Mr. Bill Teel of the Jaycees stated that the Jaycees would like to start now in preparing plans for the Pioneer Days clebration. Mr. Teel requested the Council's approval of Pioneer Days to be celebrated on September 23, 24, and 25, 1971. After some discussion, a motion by Councilman Linn, a second by Council- man Korioth, all voting "aye", approved the dates of September 23, 24, and 25, 1971 for Pioneer Days to be cordinated by the Jaycees as requested by the Jaycees. SITE PLAN APPROVAL FOR BROOKHA.VEN OFFICE PARK. Mr. L. A. Peterson, one of the principles in the development of Brookhaven Office Park, presented a site plan covering phases 2, 3, and 4 of their development located at L. B. J. and Webbs Chapel Road. The stipulations that was placed on phase 1 was questioned by the Council. Mr. Peterson pointed out that the stipulations had been met and/or are being met. After some discussion, a motion by Councilman Korioth, a second by Councilman Flaherty, all voting "aye", approved the site plan for Metro Square phases 2, 3, and 4 under the same conditions as recommended by the Planning and Zoning Commission, but prior to the occupancy of the 2nd building that the acceptance by the City of the drainage channel, screening fence, and six foot chain link fence along the north side of the development, and the street along the drainage channel must be completed or some arrangement for completion be made and approved by the City. SITE PLAN FOR SERVICE STATION REQUEST BY MR. KA.MMERER. Mr. Les Kammerer, owner, and his son presented a site plan and requested a service station to be located on Valley View Lane between Denton Drive and Rossford Street. Page 263. The present buildings were discussed. The minimun right-of-way width for street dedication on Rossford Street was discussed. City Manager Paul West stated that it was the administration's recommendation that this area not be rezoned until or unless the property owner furnishes the City with a title to the 10' additional right-of-way that is needed for Rossford Street that is required by the Zoning Ordinance. Mr. Jerry Jordon, attorney for Mr. Kammerer, was present and stated he was working with Mr. Kammerer to get his plan approved. Mr. Kammerer would not consent to the 10' right-of-way street dedication. After some discussion, a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", denied the request by Mr. Kammerer. SITE PLAN FOR PROPERTY SOUTH OF SCA.GGS-A.LBERTSON Mr. Wayne Clements, developer, presented a revised site plan for the southeast corner of Valley View and Josey Lane, just south of Scaggs- A.lbertson. Mr. Clements requested a 40' set back along Josey Lane which the original plan approved was for 60' set back. The Council discussed the stipulations that were put on the property of the first site plan approved by the Council. The paving of the easement to the south was discussed. City Manager Paul West stated there was a problem of the building to the east which would be built on an easement where a storm sewer now exists. The Council expressed concern on the maintenance of the storm sewer if a building was constructed over it. Mr. Clements stated they had built over storm sewers before and gave examples where they were. The abandonment of the easement was discussed. It was brought out that the City could abandon the easement if requested by both Scaggs-Albertson and Mr. Clements. There was a discussion of an agreement from all concerned holding the City harmless of any damages that might be caused by the storm sewer. After some discussion, a motion by Councilman Binford, a second by Council- man Korioth, approved the site plan presented by Mr. Clements subject to receiving a document from Mr. Clements holding the City harmless of any damages. Motion carried with Councilman Binford, Korioth, Flaherty, McClung voting "aye" and Councilman Linn voting "nay". Page 264. SPRINKLER SYSTEMS APPROVED FOR BROOKHA.VEN CLUB DRIVE. The proposal made by Mr. Quinton Johnson in behalf of Brookhaven Country Club at the last Council meeting was discussed. The Park and Recreation Board recommended to install sprinkler systems for Brookhaven Club Drive from Marsh Lane to Golfing Green if money was available. The Council questioned if sprinkler systems were installed in the median of Brookhaven Club Drive, where would the money come from. City Manager Paul West stated the money would come out of the Street Bond Fund. After some discussion, a motion by Councilman Linn, a second by Council- man Korioth, all voting "aye", accepted the proposal by Brookhaven Country Club on the landscaping of the median on Brookhaven Club Drive from Marsh Lane to Golfing Green Drive to be .maintained by Brookhaven Country Club for the period of 5 ,years; and, that the City Administration furnish to the Park and Recreation Board what information they might need and the recommendations that the City might have to this Board for the continuance of this program of landscaping and putting sprinkler systems in medians throughout the City. AUDIT REPORT DISCUSSED BY MR. JOHN HELMS. Mr. John Helms gave the attached statements. Mr. Helms asked if the Council thought a tax raise would be needed this year. Mayor Grimmer explained that a tax raise is not foreseeable but possible if demands in operating the City are needed. After some discussion, Councilman Linn moved to give Mr. Helms' statements and questions to the City Manager for an answer and this be placed on the agenda when the City Manager has the adequate answers. Councilman Flaherty seconded the motion and all voted "aye". SWIMMING POOL HOURS SET. Mr. Quinton Johnson, chairman of the Park and Recreation Board, presented a recommendation from the Board on swimming pool hours. They were 10:00 A. M. to 10:00 P. M. Monday thru Saturday and 1:00 P. M. to 10:00 P. M. on Sunday for both pools. Mr. Johnson gave reasons why the Board thought the pools should be open until 10:00 P. M. . After some discussion on Red Cross swimming classes at Showman Pool, a motion by Councilman Binford, a second by Councilman Korioth, all voting "aye", set the hours for the pools to be open: Rawhide Pool - Monday thru Friday, 11:00 A. M. to 10:00 P. M., Saturday 10:00 A. M. to 10:00 P. M. , Sunday 1:00 P. M. to 8:00 P. M.; and Showman Pool - Monday thru Friday 1:00 P. M. to 10:00 P. M. , Saturday 10:00 A. M. to 10:00 P. M. , Sunday 1:00 P.M. to 8:00 P.M.. Page 265. May 15, ?971 it To The Honorable Mayor and brieribers of The City Council of Farmers Branch, Texas Subject: Financial Status of Farmers Branch, Texas Gentlemen: Along with many other citizens of the City, I recently received a notice informing me that under a Tax Equalization Program, my house was being reappraised to 100% of full market value. I checked with the City Tax Assessor and found that under this Equalization Program, the tax roll of Farmers Branch was being increased from a figure of $92,1521000.00 at end year 1959 to a roll value of $135,000,000.00 at end year 1971. While these figures include roll increases due to growth, the estimate I received is that a total tax roll as a result of this action will increase by 30%. While I have no objection to paying a fair share of tax dollars In checking with other taxing agencies to determine the effect of one taxing authority increasing the evaluation of property, I found that the county uses City of Dallas rolls and appraises the suburban property. However, each of the taxing authorities is influenced by actions of the first one increasing the top rate. Page 3 This compares with an increase in 1968 of: $150,720 General Fund $170,000 Water and Sewer Fund May 15, 1971 $320,720 Total Increase in Surplus The figure of $237,542 is equal to approximately 244 on the present tax rate. However, at the last public hearing, a budget increase of approximately $525,000 was adopted. This would mean an additional 524 and when added to the 244 would require a total tax raise of 764. Since 374 of this is to be by the present re- evaluation, will an additional tax of 394 be required to maintain our present budget? My questions to the Council are: 1. Will another tax increase be necessary in the next fiscal year? 2. Why has the trend of increasing reserves suddenly taken such a dramatic change? 3. Are we presently operating within the adopted budget? 4. Can we afford to expend any more bond funds - even those bonds already sold? I appreciate your consideration of these items. As a former member of this Council, I am only too aware of the many problems imposed on elected officials. However, I would add a note of caution; that is, in any business, particularly in these times, financial responsibilities in utilizing public monies is of paramount importance in a successful operation. We in Farmers r~ Page 4 May 15, 1971 Branch are particularly financially vulnerable because of high water rates. To see our tax roll go significantly out of line can have grave effects on the future of our City. John Helms 13547 Rawhide Farmers Branch, Texas OPEN-SPA.CE DISCUSS BY MRS. A.CCORD. Mrs. Janet Accord, 2980 Golfing Green, presented some slides of the Trinity River. Mrs. Accord displayed some charts showing some pedictions for 1980 made by her. Mrs. Accord spoke at length on open-space and favorably of Marvin Springer's plan over the Corps of Engineers' plan for the Trinity River. Mrs. Accord spoke of funding and requested the City to pursue information about funding. Mrs. A.ccord read a poem titled "The Dirty Old A.ir Hangs Over Our Town". Mayor Grimmer spoke of the loss of land that would be taken by the Springer plan and made statements concerning the Corps of Engineers' plan. There were approximately 14 present with Mrs. Accord. Several of these asked questions. Mrs. Accord stated she would like to have a definite plan to look at compared with Marvin Springer's plan and asked the city to investigate funding to see what is available. METRO SQUARE STRUCTURE. Mr. Fritz New of Baldwin and Harris, Inc. presented an easement and agreement for the installation of a structure for Metro Square. The Council reviewed the easement and agreement that was presented. Instrument attached. City Manager Paul West stated the provision for a removal clause should be included. The clause to permit the City to remove the structure and costs of the removal be borne by the developers in the event it became run down. After some discussion, a motion by Councilman Korioth, a second by Council- man Binford, all voting "aye", authorized the City Manager to execute the easement and agreement submitted by Baldwin and Harris, Inc. ORDINANCE 879 - SETTING SPEED LIMITS FOR TRAINS. Upon a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", adopted the following captioned ordinance: A.N ORDINA.NCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 1 OF ORDINANCE NO. 277 TO PROVIDE FOR A. SPEED LIMIT OF FORTY MILES PER HOUR AT ANY PUBLIC STREET CROSSING; A.ND DECLARING A.N EMERGENCY. Page 266. STATE LEGISLATURE - SENATE BILL 82 Councilman Korioth told facts about Senate Bill 82 by Senator Barbara Jordan. After reviewing Senate Bill 82 and a resolution in favor of the bill, a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", to send a letter from the Mayor to Senator Jordan in appreciation for her time and knowledge of Senate Bill 82 shown to Council Korioth while in Austin and adopted the resolution favoring Senate Bill 82. CITY MANAGER REPORTS. City Manager Paul West gave reports from various departments of the City. EXECUTIVE SESSION Library Board Appointment. Upon a motion by Councilman Korioth, a second by Councilman Binford, all voting "aye", appointed Mary Phelps to serve on the Library Board with her term to expire May 1, 1973. Planning and Zoning Commission Appointment. Upon a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", appointed Thurmon Williamson to serve on the Planning and Zoning Commission with his term to expire May 1, 1973. DURRETT PROPERTY After some discussion, a motion by Councilman Binford, a second by Council- man Korioth, all voting "aye", authorized the attorney to make an offer of $45, 000. 00 for the Durrett property.which is being sought for a park. KA.MMERER PROPERTY After some discussion on the Kammerer property which was condemned for Valley View right-of-wqy between Rossford and Denton Drive, a motion by Councilman McClung, a second by Councilman Korioth, all voting "aye", authorized the attorney to take the Kammerer case to court and let the court decide on a settlement. ADJOURNMENT. Upon a motion by Councilman Binford, a second by Councilman McClung, adjourned the City Council meeting of May 17, 1971 at 10:50 P. M. . Motion carried with Councilman Binford, McClung, Linn, Flaherty voting "aye" and Councilman Korioth abstaining. Page 267.