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1971-08-16 CC Minutes1 0 CITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING August 16, 1971 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 Members of the City Administration present were: City Manager Paul M. West City Attorney George McDonald City Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of August 16, 1971 to order at 7:30 P. M. Glenn Moore gave the invocation. 107 persons were present for the Council meeting. EMERGENCY ITEM DECLARED Upon a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", declared an emergency and placed 8.A. - "Consider Authorizing Advertising for Bids on Traffic Equipment" on the agenda. APPROVAL OF MINUTES Upon a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", approved the minutes of the City Council meeting of August 2, 1971. PUBLIC HEARING - CONSIDER CALLING AN ELECTION Mayor Grimmer opened the public hearing. He explained that the purpose of the hearing was to determine whether or not the Council should order an election to determine if the City Council should have the authority to adopt a resolution finding that one or more blighted areas exist in the City; and the rehabilitation, conservation, or clearance and redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals or welfare of the residents of said city. Mayor Grimmer asked if anyone was present in favor of calling an election. Mr. Dick Thomas stated he was the chairman of a 6 member Industrial Relations Committee appointed by the Council to study the City of Farmers Branch and see if, in their opinion, the city had blighted areas. Mr. Thomas read the following report and recommendations of the committee. Page 293. RECOMMENDATIONS AND REPORT OF THE INDUSTRIAL RELATIONS COMMITTEE The Committee's assignment was to study the City and make a recommendation to the City Council as to areas within the City which may be blighted, or, in which the present and fore- seeable future developemnt is below that which could be attained, if measures to help the area were taken. There are areas in the City in which development and im- provement has lagged behind the potential which could be realized. The primary areas in which development is below that which could reasonably be expected are most of those areas which were first used for building sites when the City was established. These early developments have no good street framework, and exis- ting development has not made the extension of a good water and sewerage system feasible. The individual tracts of land within these areas are usually small and are owned by a variety of owners having no common goals for the development of the area in which they located. Areas fitting this general description are to be found along Royal Lane, in the western part of the City, and the ori- ginal downtown area, located east of IH 35E and extending for several blocks north and south of Valley View Lane. The small size of the tracts and the multitude of owners makes the conso- lidation of tracts into sizes which can be economically devel- oped almost impossible, under present conditions. The Industrial Development Committee recommends that the City Council call an election, which will enable the qualified voters of the City to determine whether or not the City Council Page 294. Y f 1: may pass a Resolution, declaring that one or more blighted ares do exist. This procedure is consistent with State law and offers a means whereby the City Council can establish conditions which will encourage the redevelopment of such areas. This procedure does not depend upon Federal funds and allows complete, local control of the redevelopment pro- cess. This finding that blighted areas*do exist is not to be construed as an implication that wide-spread redevelopment plans are needed. It is commendable that the City of Farmers Branch has such a small percentage of its developed land that exhibits indications of blight. These blighted areas are in locations having tremendous potential for the future growth and better- ment of the City of Farmers Branch. This recommendation concludes the assigned duties of the Committee. If the City Council does call for an election, as recommended, the members of the Industrial Relations Committee will support the passage of the proposal, either as individuals or as an advisory committee, according to the wishes of the City Council. The committee consisted of the following members: Dick Thomas Ed Brown Charles Forsee Ted Rickenbacker J. C. Foster Lamar Dickerson Page 295. Mayor Grimmer asked if anyone wanted to speak against the calling of an election. The following spoke opposing the calling of an election. 1. Graham Brewer, 13928 Heartside (Son of E. R. Brewer, 2531 Havenhurst) 2. Fred Marsh, Jr. , 3330 Rockmartin (Co-owner of Marsh's Garage, 13201 Denton Drive) 3. Gowan L. Cecil, 4101 Cochran Chapel, Dallas (Owner of Lone Star Ceramics, Fruitland and Denton Drive) 4. Pinky Butler, 2426 Fruitland (Son of Dave Butler, 2426 Fruitland) 5. Gene Thompson spoke in concern of the Flower Box, 13731 Bee Street. 6. James Thomas, 2619 Richland 7. Dave Butler, 2426 Fruitland 8. Josephine Miller, 2419 Fruitland 9. Bill Shepherd of Shepherd and England Realtors, 12821 Denton Drive 10. Dorothy England, 2952 Valley View Lane (Of Shepherd and England Realtors, 12821 Denton Drive) 11. Bill Ray Smelser, Lewisville, Texas (Parents live at 2539 Fruitland) 12. John M. Henson, 13423 Shahan (Parents live at 2530 Fruitland) 13. Bobby Jones, 1817 Hood, Carrollton (Parents and In-laws owns property on Richland and Fruitland Streets) 14. Mrs. Dorothy Brewer, 2531 Havenhurst 15. Alvin Thomas, 2668 Leta Mae (Constructing a new warehouse on Denton Drive) 16. H. D. Anderson, 2535 Fruitland 17. Pat O'Grady, 2531 Fruitland 18. Tony Caterino, Jr. , 2525 Fruitland 19. Mrs. E. W. Mashburn, 2543 Richland 20. L. L. Kammerer, Lewisville, Texas (Owner of property located at Valley View and Denton Drive) 21. Mrs. W. H. Goodrich, 2428 Havenhurst Page 296. Mrs. England presented a petition of persons opposing the calling of an election. They all spoke in concern of their property as being designated blighted and having fear of it being condemned, Mayor Grimmer explained that no such area had been or can be designated blighted until after an election is held. After some discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting aye, closed the public hearing. After the Council discussed the procedures of acquiring the land if designated blighted, the definition of blighted, fair market value of the property and hearing comments from the members of the committee, a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", closed the hearing before the Council. Upon a motion by Councilman Linn, a second by Councilman Korioth, adopted the following captioned ordinance calling the election to be held prescribed by law; AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF FARMERS BRANCH, TEXAS, PURSUANT TO SECTION 5, ARTICLE 1269L-3 OF VERNON'S ANNOTATED CIVIL STATUTES OF THE STATE OF TEXAS, AND PROVIDING FOR THE FORM OF MOTION THEREOF AND OF BALLOT FOR USE IN SAID ELECTION. The motion carried 4 to 1 with Councilmen Linn, Korioth, McClung and Binford voting "aye" and with Councilman Flaherty voting "nay". Upon a motion by Councilman McClung, a second by Councilman Korioth, all voting "aye", set the date of September 25, 1971 as the election date. SITE PLAN APPROVED - DALLAS CHRISTIAN COLLEGE Mr. Dean Barr, president of Dallas Christian College, located east of Ford Road and south of Farmers Branch Creek, presented a site plan in order to fulfill the condition which was attached to the Specific Use Permit that was issued to the college in February of 1971. The condition was to show future buildings, parking and roads on final site plan. There was no one present speaking in opposition of the request. After some discussion, a motion by Councilman Linn, a second by Council- man McClung, all voting "aye approved the site plan submitted by Mr. Barr as recommended by the Planning and Zoning Commission. The Planning and Zoning Commission recommendation was to approve the site plan as submitted with the limitation that students and classrooms be limited by the number of parking spaces available. Page 297. NEW USE CLASSIFICATION After some discussion and additions added, a motion by Councilman Binford, a second by Councilman Korioth, all voting "aye", adopted a resolution whereby a new use classification shall be listed in Section 8-102 of the Zoning Ordinance to be designated Civic and Philanthropic Enterprises and whereas, the resolution states provisions for the temporary use. JAYCEES GRANTED TEMPORARY USE PROVISION FOR PIONEER DAYS Mr. George Smith representing the Jaycees requested permission to use the parking area belonging to Scaggs -Albertson located on Josey Lane south of Valley View Lane to temporarily install a tent for use in the pioneer days celebration. Mr. Smith told of activities that would occur under the tent such as booths, spaces would be rented to different organizations, and ride s . After some discussion on the new use classification resolution that was passed previously, a motion by Councilman Korioth, a second by Council- man McClung, all voting "aye", granted the Jaycee's request for permission to conduct their pioneer days celebration as prescribed by resolution pertaining to Civic and Philanthropic Use from September 13 through September 20, 1971. Mr. Smith was informed that they would have to comply with the building codes. SPECIAL EVENT SIGN REQUEST BY VALWOOD BAPTIST CHURCH Mr. Dan Ubee of the Valwood Baptist Church requested permission to be allowed to leave a temporarily displayed banner on the church property located on Valwood Parkway and Josey Lane. After somediscussion, a motion by Councilman Linn, a second by Council- man Binford, all voting "aye", granted the request to leave the temporary sign on the Valwood Baptist Church property until August 18, 1971. AGREEMENT WITH BROOKHAVEN COUNTRY CLUB. After reviewing the agreement, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", authorized the City Manager to sign an agreement with Brookhaven Country Club covering the terms of the proposed agreement for the installation of the sprinkler system and maintenance of the median on Brookhaven Club Drive from Marsh Lane to Golfing Green. ADVERTISEMENT FOR BIDS ON TRAFFIC SIGNAL EQUIPMENT AUTHORIZED Roy Patton, Director of Public Works, displayed a transparency and told of traffic signal improvements as listed in the proposed 1970-71 Capital Improvement Program. They are: Valwood Parkway and Josey Lane Heartside and Josey Lane Rollingdale and Josey Lane Page 298. Valwood Parkway and Denton Drive Valwood Parkway and Webbs Chapel Valwood Parkway and Dennis Road Valwood Parkway and Heartside Valley View Lane and Webbs Chapel Estimated cost for the installation and materials were given by Mr, Patton. After some discussion, a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", authorized the advertisement of bids for the mentioned traffic signal improvements. ADVERTISEMENT OF BIDS AUTHORIZED FOR MATERIALS FOR SPRINKLER SYSTEM AT VALLEY VIEW WATER TOWER After some discussion, a motion by Councilman Linn, a second by Council- man McClung, authorized the advertisement for bids on .materials for sprinkler system at the Valley View Water Tower. The motion carried 4 to 1 with Councilmen Linn, McClung, Korioth and Binford voting "aye", and with Councilman Flaherty voting "nay". PRIORITY LIST FOR SPRINKLER SYSTEMS After some discussion, a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", approved the recommendation of the Park and Recreation Board that recommended sprinkler systems be installed in the medians in the following sequence: 1. Webbs Chapel 2. Valley View Lane 3. Josey Lane 4. V alwood Parkway 5. Brookhaven Club Drive ( from Golfing Green to Webbs Chapel) 6. Austell Parkway 7. All other medians as they are built. PARTICIPATION IN REGIONAL PLAN FOR SOLID WASTE DISPOSAL After some discussion, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", authorized the City of Farmers Branch to participate in the Regional Study for Solid Waste Disposal as proposed by the Council of Governments as outlined by the City Manager and the appropriation of funds of the City's pro rata share of $1, 720. 00. BRIDGES AT MA.LLON PARK City Manager Paul West told of proposed plans for the construction of bridges for Mallon Park. After some discussion, a motion by Councilman Korioth, a second by Council- man Binford, all voting "aye", authorized the construction of the bridges for Mallon Park as recommended by the City Manager. Page 299. UPON A MOTION BY COUNCILMAN BINFORD, A SECOND BY COUNCIL- MAN KORIOTH, ALL VOTING "AYE", DESIRED TO DISCUSS AGENDA ITEM 14 BEFORE AGENDA ITEM 13. DATE SET FOR FIRST COUNCIL MEETING IN SEPTEMBER. Upon a motion by Councilman McClung, a second by Councilman Linn, set the date of September 7, 1971 for the first Council meeting in September. The motion carried with Councilmen McClung, Linn, Flaherty and Korioth voting "aye", and with Councilman Binford abstaining. DATE SET FOR PUBLIC HEARING ON THE 1971-1972 BUDGET. Upon a motion by Councilman McClung, a second by Councilman Linn, set the date of September 7, 1971 as the public hearing date on the 1971-1972 budget. The motion carried 4 to 1 with Councilmen McClung, Linn, Flaherty, and Korioth voting "aye", and with Councilman Binford voting "nay". CITY MANAGER REPORTS. City Manager Paul West gave a report on various happenings of the city and a report from the various departments of the city. EXECUTIVE SESSION Land Acquisition City Attorney George McDonald brought the Council up to date on the status of the Davenport Property. Upon a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", instructed the City Manager to stop the proceedings for the acquisition of the Noel Property as recommended by the City Manager. Personnel Matters Upon a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", appointed Mayor George Grimmer as the representative from Farmers Branch to the Greater Dallas County Municipal League Cooperative Study Committee. After some discussion, a motion by Councilman Flaherty, a second by Councilman McClung, all voting "aye", appointed Dick Hutchinson, 3939 Crestpark, to the Planning and Zoning Commission for a term to expire May, 1973. ADJOURNMENT. Upon a motion by Councilman Binford, a second by Councilman Linn, all voting "aye", adjourned the City Council meeting of August 16, 1971 at 12:25 A.. M. M or~ City Secretary Page 300.