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1971-08-02 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING August 2, 1971 Members of the City Council present were: Mayor George G. Grimmer Mayor Pro Te.m W. R. Linn Councilmen: Ray Flaherty Bill McClung Al Korioth Bill Binford Members of the City Administration present were: City Manager Paul M. West City Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of August 2, 1971 to order at 7:30 P. M.. J. W. Wade gave the invocation. EMERGENCY ITEM DECLARED Upon a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", declared an emergency and placed Item 4.A. - "Consider Policy For Charging For Ball Field Lighting On Year Round Basis" on the agenda. APPROVAL OF MINUTES Upon a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", approved the minutes of July 19, 1971 after a correction was made on page 282. Under the item of "Property at Sheriff's Sale- Property Behind Valley View Central Shopping Center", on the 5th line, the first word in be changed to with. PRESENTATION OF SERVICE AWARD Mayor Grimmer presented Peggy Foster, of the Data Processing Division in the Finance Department, a 5 year service award for employment with the City. JAYCEES REQUEST FOR STREET BANNERS FOR PIONEER DAYS. Mr. Al Adams, representing the Jaycees, requested permission by the Council to display street banners, advertising the celebration of Pioneer days, at the following locations: Webbs Chapel at L. B. J.; Josey Lane at L. B. J.; Valwood Parkway at Stem.mons; and, Valley View at Ste.mmons. Mr. Adams requested these banners be displayed from August 16 through September 20, 1971. Page 287. ,~N After some discussion on what would be on the signs, a motion by Council- man Linn, a second by Councilman McClung, all voting "aye", granted permiss to allow street banners to be displayed for the advertising of Pioneer Days from August 16 through September 20 at the locations requested by the Jaycees. POLICY FOR BALL FIELD LIGHTING DISCUSSION City Manager Paul West stated that a resolution establishing a policy for the baseball field lighting had been passed April 19, 1971 and now questions were being asked concerning football lighting. He asked the Council's wishes. Mr. Larry Spencer, Athletic Director for the Bombers Organization, made statements of the City not charging for lights at Don Showman Park. He requested the City to provide the lighting for football practices and the games. After some Council discussion on the use and control of the lights, Council- man Linn moved to rescind the resolution of April 19, 1971 and the City Administration be charged with the duty of direct supervision in controlling the lights at the ball fields. Councilman Binford seconded the motion. After more discussion, Councilman Binford withdrew his second to the motion and Councilman Linn withdrew his motion. Councilman Korioth moved to rescind the resolution of April 19, 1971 and instructed the City Administration that the Council's policy on the ball field lighting is that it be used to their best judgrrent in relationship to organized sports either under/or with the direction of the Recreation Department. Councilman Flaherty seconded the motion and all voted "aye". ITEM 5 ON THE AGENDA -'CONSIDER SITE PLAN APPROVAL FOR DALLAS CHRISTIAN COLLEGE LOCATED ON FORD ROAD. REQUEST BY DEAN BARR, PRESIDENT OF DALLAS CHRISTIAN COLLEGE'- WAS WITHDRAWN BY DEAN BARR. SITE PLAN APPROVED FOR VALLEY VIEW VILLAGE SHOPPING CENTER. Mr. Wayne Clements of Wayne Clements and Company presented his request for a revised site plan approval for Valley View Village. Mr. Clements pointed out that the only basic change on the site plan is that the set back is changed from 40 feet to 50 feet with head-in parking in front of the building along Josey Lane. The site plan showed parking spaces to be along the south side of the building also. There was a discussion on the parking space requirement. l After more discussion, Councilman Binford moved to approve the revised site plan as submitted for Valley View Village Shopping Center as recommended by the Planning and Zoning Commission. Councilman McClung seconded the motion and all voted "aye". Page 288. & ITEM 7 ON THE AGENDA -'CONSIDER REQUEST BY J. C. MURPHY TO CONSTRUCT A HOUSE OVER A SANITARY SEWER EASEMENT AT 2828 MILLWOOD WAS WITHDRAWN BY J. C. MURPHY. REQUEST FOR FENCE WITHIN FRONT YARD OF 2625 FARRIERS BRANCH LANE. Mr. M. E. Stricklin, 2625 Farmers Branch Lane stated he was unaware of having to get a permit to install a fence in his front _yard but was informed by the City on July 6, 1971. Mr. Stricklin displayed some photographs of his fence which starts at the east house line on the side property line and extends forward to the front property line. He also displayed photos of fences in nearby areas of his home. Mr. Stricklin requested the Council to allow him to keep his fence up and stated the main reason for putting un the fence was to keep people from next door ot- his lawn. He stated the house east of him had some kind of service, he thought church services, and parked cars all over the place. (Photo shown of cars parked at the house. ) No one other than Mrs. Stricklin spoke in favor of the request. No one spoke opposing the request. After some discussion, Councilman Flaherty moved to grant the variance in the fence ordinance as requested by Mr. Stricklin in allowing the fence in the front yard to remain. Councilman Korioth seconded the motion and all voted "aye". REQUEST TO CONSTRUCT A FENCE WITHIN THE FRONT YARD OF 14008 STARDUST LANE. Mrs. George G. Clark, 14008 Stardust Lane, requested a variance in the fence ordinance to be granted to allow her to construct a fence down the south side of her property to the front property line and across the front from the corner about 4' or 5' to match the fence of her neighbors on the north side. She stated the fence heighth would be a slope down to 2' at the front building line. She made statements concerning the reasons for wanting the fence. The main reason was to keep children out and off her lawn. No one other than Mr. Clark spoke in favor of the request. No one spoke opposing the request. After some discussion, Councilman Binford moved to grant the variance in the fence ordinance as requested by Mrs. Clark to match the fence on the other side of her property and to secure a proper building permit. Councilman Korioth seconded the motion and all voted "aye". Page 289. BID AWARDED FOR WATER AND SEWER LINES IN PROJECTS 16 & 17. After all bids were reviewed and considered, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", awarded the low bid of $ 53, 584. 30 to Skinner & Davis Construction Company for water and sewer line extensions in Projects 16 and 17. (Project 16 - Water lines on I. H. 35E, South of Valwood Parkway. Project 17 -Sewer lines for Chaparral and Brookhollow Addition.) ORDINANCE NO. 885 - PARK ORDINANCE. After some discussion, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", adopted the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE PARK ORDINANCE NO. 826, SECTION 3 AND 6, AND ALSO PROVIDING DEFINITIONS, PROHIBITED ACTS WITHIN CITY PARKS, PROHIBITED COMMERCIAL VEHICLES, PARKING VEHICLES IN CITY PARKS, AND CERTAIN RULES AND REGULATIONS TO BE POSTED; IMPOSING PENALTIES AND ENFORCEMENT; PROVIDING PRIORITY OVER OTHER ORDINANCES; AND DECLARING AN EMERGENCY. ORDINANCE NO. 886 - PROHIBITING OBSTRUCTION OF VEHICLES IN ANY PUBLIC STREET OR IN ALLEYS. After some discussion and after changing the words deal with in Section 1 to serve, 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, DEFINING AN ALLEY, PROHIBITING ANY PARKING, STOPPING OR STANDING OF ANY VEHICLE OR ANY OBSTRUCTION IN AN ALLEY; MAKING IT A VIOLATION FOR ANYONE TO PARK OR PERMIT ANYONE TO PARK OR OBSTRUCT AN ALLEY; PROVIDING FOR THE REMOVAL OF ANY VEHICLE OR OBSTRUCTION ON A PUBLIC STREET OR ALLEY WHICH IS IN VIOLATION OF CITY AND STATE TRAFFIC LAWS; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200. 00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. ORDINANCE 887 - REGULATING PORTABLE DISPENSING TANKS OF FLAMMABLE LIQUIDS. After some explanation by Fire Chief Bob Yager and discussion, a motion by Councilman Korioth, a second by Councilman Flaherty, all voting "aye adopted the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,ADDING SECTION 12-25 TO THE CODE OF ORDINANCES, REGULATING THE USE OF PORTABLE DISPENSING TANKS OF FLAMMABLE LIQUIDS AND Page 290. PROHIBITING THE USE OF MOBILE SERVICE UNITS FOR THE DISPENSING OF FLAMMABLE LIQUIDS PROVIDING CERTAIN EXCEPTIONS AND REGULATIONS OR LIMITATIONS THEREUNDER; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS; AND DECLARING AN EMERGENCY. ORDINANCE NO. 888 - REGULATION OF CONSTRUCTION OF TRAFFIC CONTROL DEVICES. After some discussion on installing traffic controls, a motion by Councilman Linn, a second by Councilman Korioth, adopted the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 1 OF ORDINANCE NO. 253, TO GIVE THE PROPER AUTHORIZATION TO THE DIRECTOR OF PUBLIC WORKS FOR THE CONSTRUCTION OF TRAFFIC CONTROL DEVICES; AND DECLARING AN EMERGENCY. The motion carried 4 to 1 with Councilmen Linn, Korioth, McClung and Binford voting "aye" and Councilman Flaherty voting "nay". SIGN MAINTENANCE AND REPAIR DISCUSSION City Manager Paul West stated that the City's Building Code, Section 2301. 7, titled Maintenance, controls the maintenance and repair of most signs erected in the City. Mr. West stated this section could control the maintenance and appearance of all signs except those that may be erected without a permit, such as, personal property sale signs, temporary real estate directional signs, political signs, real estate signs, and construction signs. Mr. West stated if any sign becomes insecure or in danger of falling down or otherwise unsafe, the building official does have the authority to order the removal of such sign at the expense of such removal by the owner or leasee. Mr. West requested the Council's wishes on the enforcement of the maintenance of signs as provided in the Building Code. After some discussion, a motion by Councilman Korioth, a second by Councilman Linn, directed the City Manager, as a matter of policy, to enforce the maintenance and appearance of signs as provided in the Building Code, Section 2301. 7. The motion harried 4 to 1 with Councilmen Korioth, Linn, McClung and Binford voting "aye" and with Councilman Flaherty voting "nay". DISCUSSION OF DELIVERY OF GARBAGE SACKS Councilman Korioth stated it was brought to his attention that Ordinance 780 states that 18 additional sacks for each dwelling unit may be picked up at the City Hall after 3 months from each delivery date. Councilman Korioth spoke opposing the 3 months waiting period. He expressed that citizens should be able to pick up their 18 additional sacks as soon as they want them after the delivery date. Page 291. After more discussion, a motion by Councilman McClung, a second by Councilman Korioth, all voting "aye", to amend Ordinance 780, Section 5 in the 2nd paragraph and the last sentence to read: "18 additional bags for each dwelling unit may be picked up at the City Hall after delivery date. " DISCUSSION OF ORDINANCE NO. 880 -REGULATING THE TIME OF THE PLACING OF THE GARBAGE SACKS FOR PICK UP. Councilman Korioth stated he had not understood that Vrhen Ordinance 880 was adopted it meant that people who had alley pick up could not put their garbage out until the specified time. Councilman Korioth stated that most citizens who have alley pick up leave a sack out all the time. After some discussion, a motion by Councilman Flaherty, a second by Councilman Korioth, all voting "aye", to amend Ordinance 880, Section 7, paragraph b, to read: "Sacks of garbage shall not be placed for pick up, excluding alley pick up, earlier than 6:00 P. M. on the day immediately preceding the day of collection. EXECUTIVE SESSION Davenport Property After some discussion, a motion by Councilman Korioth, a second by Councilman Flaherty, all voting "aye", authorized the City to pay the awarded sums to the court registry for the three Davenport cases for right-of-way in the Spring Valley Project. The awarded sums are: $1, 250. 00, $2, 600. 00, and $3, 000. 00. Leslie Noell Property City Manager Paul West stated that Mr. L. F. Noell has offered to sell to the City some 13. 558 acres of land north of Valley View Lane and east of the river for the appraised value by the City. After some discussion of the possible use and funding for the property, a motion by Council- man Linn, a second by Councilman Korioth, all voting "aye", instructed the City Administration to investigate the possible purchase of the property from Mr. Noell. ADJOURNMENT Upon a motion by Councilman McClung, a second by Councilman Korioth, all voting "aye", adjourned the City Council meeting of August 2, 1971 at 10:11 P. M. . "_~V4,7 lvlf~60~1~ Mayor Ge r G. Grimmer ✓7 City Secretary Page 292.