Loading...
1971-06-21 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING June 21, 19 71 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro- Tem W. R. Linn Councilmen: Ray Flaherty Bill McClung Al Korioth Bill Binford City Manager City Attorney City Secretary Paul M. West George McDonald Ruth Ann Parish Mayor Grimmer called the City Council meeting of June 21, 1971 to order at 7:30 P.M. Councilman Linn gave the invocation. EMERGENCY DECLARED Upon a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", declared an emergency to discuss and consider the closing of Glengold for a block party requested by Mrs. L. V. Howell and this be 7. A. on the Agenda. APPROVAL OF MINUTES Upon a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", approved the City Council minutes as written of the meeting of June 7, 1971. SERVICE AWARD PRESENTATION Mayor Grimmer presented Sgt. Don C. Marder of the Police Department with a 5 year service award for employment with the city. PUBLIC HEARING - ZONE CHANGE REQUEST FROM R-4 TO O-LI PROPERTY LOCATED SOUTH OF FARMERS BRANCH CREEK AND EAST OF FORD ROAD. Requested by Baldwin and Harris. Mayor Grimmer opened the public hearing and a transparency of the location was shown. The request for change of zoning from R-4 to O-LI is on a 10 acre tract of land south of Farmers Branch Creek and east of Ford Road owned by Mrs. Ruby Stellman. Mr. Fritz New, representative of Baldwin and Harris, Inc. , presented the request for the zone change. Mr. New stated they propose this zoning to be incorporated into the adjoining Metro Square Development that is under construction. Page 272. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 7 OF ORDINANCE NO. 780 BY ADDING ONE SENTENCE WHICH REGULATES THE TIME OF PLACING SACKS OF GARBAGE; AND DECLARING AN EMERGENCY. BID AWARDED FOR TRASH CONTAINERS After reviewing all bids, Councilman Linn moved to award the bid in the amount of $20, 775. 00 for 75 3-,yard and 75 4-yard containers to Cleburne Truck and Body Sales Company with the inclusion of a hold harmless clause on the patent infringement on the containers as recommended by the City Manager.- Councilman Flaherty seconded the motion and ali voted "aye". APPROPRIATION OF FUNDS FOR 25 3-YARD AND 25 4-YARD CONTAINERS City Manager Paul West stated that the specification calls for a delivery of 25 3=yard containers and 25 4-yard containers before the first of October. He explained $6, 925. 00 needs to be appropriated this fiscal year. After some discussion, Councilman Linn moved to authorize the appropriation of $6, 925. 00 for the 25 3-yard containers and 25 4-yard containers that is to be deliverd before the first of October. Councilman Flaherty seconded the motion and all voted "aye". TAX ROLL ADJUSTMENTS The following list of Tax Roll adjustments of additions and deletions were discussed. Additions lwtu Taxes 11 Humble Oil Company $ 230.38 Special Care School 314.63 Trammel Crow 226.38 Mary Hart 3 8. 2 5 White Swan 70.88 Dallas Christian College 81.88 I B M 44.25 Sitco 1.63 Stuart Shell 31.25 Gilbreath - Good Eats 28.13 Little Texan Nursery 6.25 Jim Gracy 12.50 Great Southwest Warehouse 12.50 Total Additions-1970 $ 1, 098. 91 Page 270. Mr. New stated the development was proposed south of the floodline on the south -side of Farmers Branch Creek which would leave a buffer of land between the development and the creek. Mr. New mentioned that the recommendation of the Planning and Zoning Commission which was to change the zoning from R-4 to PD-2 (O-LI) was agreeable to Baldwin-Harris, Inc. No one else spoke at this time in favor of the request. The following spoke in opposition. Mr. Marvin E. Stricklin, 2625 Farmers Branch Lane, strongly opposed the L. I. zoning request stating it would devalue all the residential property and eventually the zoning would come across ttse creek up to Farmers Branch Lane. Mr. H. H. Harvey, stated he was in the process of purchasing 2638 Farmers Branch Lane for his residence and that he very definitely opposed the change of zoning. He stated this area was one of the few left in Farmers Branch for residential R-4 zoning. Mr. Harvey made several statements opposing the Baldwin-Harris development and their proposed intentions. He requested the Council to leave the zoning R-4. Mr. Don Ault, 3357 Pine Tree Court, stated he had talked with Mrs. Ruby Stellman, owner of the property, about purchasing this property and was given a price that was too high. Mr. Ault just made this statement and did not say one way or the other about the zone change request. Mr.. George Smith, 2601 Farmers Branch Lane, stated he opposed the request and wanted the property to remain residential. Mr. N. I. Kruse, 2617 Farmers Branch Lane, stated he opposed the zone change request. Mr. Jim Amos, spoke in behalf of Mrs. Stellman. He requested the Council to approve the zoning request. Mr. William Lybrand, nephew of Mrs. Stellman, spoke in favor of the request. After no other comments, a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", closed the public hearing. There was a discussion by the Council on the construction of Ford Road and the flood plain area. Page 273. After more discussion, Councilman Korioth moved to grant the zone change request from R-4 to PD-2 (O-LI) as recommended by the Planning and Zoning Commission on approximately 10 acres east of Ford Road and south of Farmers Branch Creek. Councilman Linn seconded the motion. The motion carried 4 to I with Councilmen Korioth, Linn, Flaherty, and Binford voting "aye", and with Council- man McClung voting "nay". QUESTIONS AND ANSWERS OF FINANCIAL STATUS OF THE CITY Mayor Grimmer read the attached statement which were questions presented at the Council meeting of May 17, 1971 on the financial status of the city. BOY SCOUT NATURE AREA Mr. Don Ste rman, speaking in behalf of the Carrollton-Farmers Branch Kiwanis Club and working with the Boy Scouts, requested some financial assistance of $1, 000. 00 from the City for improvements to continue the nature area in Gussie Field Waterworth Park. Mr. Steerman explained that the Kiwanis Club had raised $1, 000. 00 to be used in this project and if the city could match this amount the Boy Scouts could continue their work. Mr. Steerman explained in detail the proposed plans for the area. He stated the money would be used for additional salaries, rope, tools, insecticides, etc. After some discussion on working with the Park Department,, Council- man Korioth moved that this request for financial participation from the city of $1,000. 00 be referred to the City Manager and to meet with Don Sturman and see what could be worked out equitably between the Kiwanis, Boy Scouts, and the City, and report back to the City Council. Councilman Flaherty seconded the motion and all voted "aye". HISTORICAL MARKERS DISCUSSED Mayor Grimmer gave a report on the work Frank LaRue has been doing on securing historical markers for the City. Mayor Grimmer presented Frank LaRue a Certificate of Appreciation for his work as a member of the Dallas County Historical Survey Committee. Mr. LaRue told of his experiences in getting the right information which goes on the markers and gave a detailed report on the history of Farmers Branch. Mr. LaRue listed the sites and markers that are planned. BLOCK PARTY GRANTED - GLENGOLD Mr. Charles McKinney presented a request for the closing of Glengold on the 4th of July for a block party. Mr. McKinney represented the property owners instead of Mrs. L. V. Howell as was on the agenda. Page 274. The Police and Fire Departments had no objections since the street could be made available if any emergency arose. After some discussions, Councilman Linn moved to grant the request of closing Glengold on the 4th of July for a block party. Councilman Korioth seconded the motion. All voted "aye". UTILITY ADJUSTMENT AGREEMENT FOR I. H. 35 E City Manager Paul West stated that the relocation of several water and sewer lines will be necessary before I. H. 35E is widened. Mr. West stated that the City's cost for performing this work would be reimbursed, provided that the required Utility Adjustment Agreements are executed with the Highway Department. Mr. West explained that the agreements require that someone be designated by the City, with authority, to sign these forms in behalf of the City, and requested that he, the City Manager, be given the authority to execute the agreements. After some discussion on the estimated costs, a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye authorized the City Manager to execute the agreements for the utility adjustments for I. H. 35E. SERVICE AGREEMENT WITH CITY OF CARROLLTON AND OTIS ENGINEERING Mayor Grimmer excused himself from this discussion since he is an employee of Otis Engineering and turned the meeting over to Mayor Pro-Te.m W. R. Linn. City Manager Paul West explained that Otis Engineering is being required to supplement its reserve fire protection because of an expansion to their plant, He stated that Otis Engineering has asked for permission to tap a 12" water line on the south side of Belt Line Road belonging to Farmers Branch to provide a reserve supply in case of a fire. Mr. West stated that an agreement will be necessary to protect the cities of Farmers Branch and Carrollton, and to provide Otis Engineering with the required service. Mr. West gave some conditions that would be placed in the agreement. After some discussion, Councilman McClung made a motion to have an agreement between the City of Carrollton, Otis Engineering, and the City of Farmers Branch prepared and be presented to the Council for consideration at a later date. Councilman Flaherty seconded the motion and all voted "aye" Mayor Pro Tem W. R. Linn turned the meeting back over to Mayor Grimmer. Page 275. ORDINANCE NO. 881 - FENCE REGULATIONS After some discussion and correction, a motion by Councilman Linn, a second by Councilman Korioth, adopted the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH DEFINING A FENCE; REGULATING THE HEIGHT OF FENCES WITHIN THE CITY; PROHIBITING FENCES IN CERTAIN LOCATIONS; GIVING THE CITY COUNCIL AUTHORITY TO GRANT VARIANCES; REPEALING ORDINANCE NO. 810; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200) DOLLARS FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. The motion carried 3 to 2 with Councilmen Linn, Korioth, and McClung voting "aye", and with Councilmen Flaherty and Binford voting "nay". PARKING ON RICHLAND DISCUSSED Councilman Binford reported that the parking on Richland from Dennis east to Birchlawn was causing a traffic hazard. Councilman Binford requested to restrict the north side of Richland Avenue from Dennis east to Birchlawn to "no parking". After some discussion on the parking at the schools and at Cox Park, a motion by Councilman Binford, a second by Councilman Korioth, all voting "aye", requested the City Manager to study the parking situation on Richland and make a recommendation for the Council's consideration at the next meeting. NEON SIGNS MAINTENANCE DISCUSSED Councilman Korioth reported a number of neon signs which were in need of maintenance. There was some discussion on requiring the owners of the sign to maintain them when they needed maintaining. After some discussion, Councilman Korioth moved to instruct the City Manager to study the possibilities for sign maintenance requirements. Councilman Binford seconded the motion and all voted "aye". CLOSING OF HEARTSIDE PLACE FROM AMBER LANE TO VALWOOD PARKWAY. DISCUSSED. Councilman Korioth made a motion requesting a study of the possibilities of closing Heartside Place from Amber to Valwood and this study be brought back to the Council. Councilman Linn seconded the motion. The motion carried 4 to 1 with Councilmen Korioth, Linn, McClung and Binford voting "aye", and with Councilman Flaherty voting "nay". Councilman Korioth suggested that if Heartside is closed this street could be incorporated in with the Recreation Center's parking lot. Page 276. MEETING DATE IN JULY DISCUSSED After some discussion, a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", authorized one Council meeting be held in July and that meeting be on July 19, 1971 because the first regularly scheduled meeting falls on the 5th of July, the designated holiday for the 4th of July. CITY MANAGER REPORTS City Manager Paul West brought the Council up to date on various projects and activities of the city. EXECUTIVE SESSION Fulkerson Property After some discussion, a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", authorized the discontinuance of condemnation proceedings on the Fulkerson Property for park purposes. Spring Valley Right-Of-Way After a report was given on the Spring Valley Right-of Way acquisitions, the Council spoke favorable in proceeding with condemnation for the 20' Right-of-Way needed on Spring Valley Road. ADJOURNMENT Upon a motion by Councilman McClung, a second by Councilman Flaherty, all voting "aye", adjourned the City Council .meeting of June 21, 1971 at 10:40 P.M. . Mayor Pro Tem City Secretary Page 277.