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1971-09-07 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING September 7, 1971 Members of the City Council present were: Mayor George G. Grimmer Mayor Pro Tem W. R. Linn Councilmen: Ray Flaherty Bill McClung Al Korioth Councilman Binford was absent due to being out of town. 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 September 7, 1971 to order at 7:30 P. M.. Councilman Linn gave the invocation. DECLARING AN EMERGENCY Upon a motion by Councilman McClung, a second by Councilman Flaherty, all present voting "aye", declared an emergency and place 2.A. -"Discuss Contract With Brookhaven Country Club, Requested by Quinton Johnson" on the agenda. APPROVAL OF MINUTES Upon a motion by Councilman Linn, a second by Councilman McClung, approved the minutes of the City Council meeting of August 16, 1971. Motion carried with 3 to 1 with Councilmen Linn, McClung and Korioth voting "aye", and with Councilman Flaherty voting "nay". Councilman Flaherty opposed because of an omission. BROOKHAVEN COUNTRY CLUB CONTRACT AMENDED. Mr. Quinton Johnson representing Brookhaven Country Club stated that after reviewing with other Club officials the contract for the sprinkler system in the median of Brookhaven Club Drive from Marsh Lane to Golfing Green, found some provisions that they wished to be added to the contract. Mr. Johnson requested the following three provisions be amended to the contract: (1) In the provision of replacement of trees, add disease, as one of the causes for replacement; (2) If trees are to be replaced, make a provision that trees are to be replaced by the city in the planting season following their removal; and, (3) Provide in the contract that the City is responsible for the maintenance of the sprinkler system. Page 301. The Council asked if Brookhaven Country Club had planned to plant any trees and did the provision of replacing the trees include the ones planted by the Club? Mr. Johnson stated the Club did not plan to plant any trees. After some discussion, a motion by Councilman McClung, a second by Councilman Flaherty, all present voting "aye", amended the contract with Brookhaven Country Club with the three amendments as requested by Mr. Quinton Johnson. THE ITEM OF "DISCUSS PIONEER DAYS" IV-AS DELETED FROM THE AGENDA AS REQUESTED BY MRS. CLAY ATKINS. PRISONERS OF WAR DISCUSSED Mrs. Clara Kearns, 3606 Ridgeoak, representing "Dallas Cares" explained that Dallas Cares is a non-profit, non-political group of concerned citizens formed to help families of Prisoners of War and those missing in action. Mrs. Kearns read a letter to the members of Congress requesting a full account of all Prisoners of War and those missing in action,; to insure the ~ release or final disposition of all men in the prisoner of war camps in Southeast Asia and this be an integral part of any negotiations toward the settlement of the war. Mrs. Kears asked the Council's support of "Dallas Cares" in the distribution of the letter to the members of Congress. She also asked if the letter could be inserted with the monthly water billing, if the letter could be displayed in the public buildings, and if the Jaycees could be encouraged to let Dallas Cares set up a booth at the celebration of pioneer days. After some discussion on mailing the letter with the water bills, a motion by Councilman Korioth, a second by Councilman Flaherty, all present voting "aye", endorsed the Dallas Cares' program by authorizing: the letter to the member of Congress be mailed with the next month's water bill; . by displaying the letter in the public buildings; and would encourage the Jaycees to permit Dallas Cares to set up a booth at the Pioneer Days celebration. CLOSING OF HEARTSIDE FROM AMBER TO VALWOOD PARKWAY DISCUSSED. Councilman Korioth stated that this was a continuance of a previous discussion by the Council of closing Heartside from Amber to Valwood Parkway. Council- man Korioth stated there has been a problem of cars speeding and driving recklessly on this portion of Heartside for quite some time. Memos from the departments of the administration on the subject were discussed. Councilman Korioth stated he had no solution for the problem but did suggest closing Heartside from Amber to Valwood Parkway. He told how the street, after closing, could be used. Mayor Grimmer asked if anyone was present to speak on the subject. The following spoke: Mr.. Wayne Glenn, 13929 Heartside, stated he lived 4 houses South from Page 302. Amber and told of speeding cars going down Heartside. He stated cars have run up in yards and have hit parked cars on the street. Mr. Louis Walker, 13922 Heartside, asked if traffic bumps in the street would be permissible. The Council explained that traffic bumps would be a risk because the city could be held responsible for any damages that might occur. Mr. Dave Amonette, 13843 Heartside, complained of speeding vehicles going down Heartside and stated that a speeding car going down Heartside had lost control and hit a tree and split it 3 ways. Mrs. Graham Brewer, 13928 Heartside, stated there was not a street light between the block of Longmmeade and Amber. Mrs. Brewer stated the street was on a curve and was very dark at night. She requested a street light be installed on the curve. Mrs. Donna Holub, 13849 Heartside, told of a tree that landed in her yard that was hit by a speeding car and told of other incidents of speeders. Mr. Albert Holub, 13849 Heartside, stated he lived on the curve and told of the need of a street light in the middle of the block or in the general area of the curve. Mr. Gary T. Coen, 13916 Heartside, stated the traffic was heavy and that cars drag raced from the recreation center. He spoke in concern of his 5 children and the many other children in the block. Mrs. Louis Walker, 13922 Heartside, stated she had witnessed accidents and think it is about time for something to be done. She suggested to have Heartside one-way going north from Longmeade to Valwood. After some discussion, a motion by Councilman McClung, a second by Councilman Korioth, all present voting "aye", authorized setting the speed limit of 10 MPH on Heartside Place from Valwood to Longmeade; and, Chief Robbins is to be instructed to be notified of the highly concentrated effort to police this accordingly; and, in 60 days from this date the administration will complete a study as to what permanent changes should be done. Questions were asked Chief Robbins concerning procedures of complaints of speeders, REQUEST FOR FENCE TO REMAIN WITHIN THE FRONT YARD OF 13162 ROSSER ROAD. Mr. Michael Flavin, 13162 Rosser Road, requested the Council to allow his fence which is within the front yard to remain. Mr. Flavin explained that a year ago he was given permission to put up a fence on the north side of his home that extended to his front property line. Mr. Flavin stated that this was to keep horses out of his yard that come from across Valley View Lane from the stable. Pictures of horses in yards were displayed by Mr. Flavin. Mr. Flavin stated his fence was 31 1/2" high and was not an eyesore for he was trying to grow bushes along the fence. Page 303. After some discussion, a motion by Councilman Flaherty, a second by Councilman Korioth, all present voting "aye", granted the request of Mr. Flavin of allowing his fence within the front yard to remain. AGREEMENT WITH OTIS ENGINEERING AND THE CITY OF CARROLLTON FOR EMERGENCY WATER SUPPLY TO OTIS ENGINEERING CORPORATION After reviewing an agreement, a motion by Councilman Linn, a second by Councilman Korioth, all present voting "aye", authorized the City Manager to execute an agreement with the City of Carrollton and Otis Engineering Corporation to furnish an alternate water supply to Otis Engineering Corporation. REQUEST FOR PROPERTY 70 BE REMOVED FROM THE FLOOD PLAIN Mr. Dale Bullough stated he would like to construct a building on a tract of land located west of Luna Road which is in the flood plain. He said the property had been filled in and raised and requested the property to be removed from the flood plain. After some discussion on the procedures of removing property from a flood plain, which had not been followed, a motion by Councilman Korioth, a second by Councilman Flaherty, all present voting "aye", denied Mr. Bullough's request until procedures were fully complied with for removing property from the flood plain. REQUEST FOR SPUR CROSSING BY HOME INTERIOR AND GIFTS. Mr. Andy Horner of Home Interior and Gifts told of their plans for a warehouse to be located on the southwest corner of Welch and Spring Valley Roads and requested permission from the Council to allow a Cotton Belt Railroad spur across Spring Valley Road. An ordinance was reviewed. After some discussion on the maintenance of the railroad crossing, a motion by Councilman Korioth, a second by Councilman Linn, all present voting "aye", delayed to discuss this subject until after the City Attorney had time to make suggested revisions in the ordinance. (Discussed again on page 307 REQUEST FOR STREET NAME CHANGE Mr. Jud Dranquet representing the Lawrence Miller Management Company who owns the apartment units behind the city hall on Pepperwood Street requested to change the portion of Pepperwood Street that runs south from William Dodson Parkway and east of the city hall to William Dodson Park- way. Mr. Dranquet stated if the street was named William Dodson Park- way it would be easier for their company to give direction for the location of their apartments. It was pointed out the city is the only other property owner that would be affected if the street narr_e was changed. Page 304. After some discussion on procedure of making a request for street name change, the Council directed Mr. Dranquet to make the request to the Planning and Zoning Commission, which is the proper procedure, in order that the Planning and Zoning Commission can make a recommendation for consideration of the City Council. PUBLIC HEARING ON 1971-1972 BUDGET Mayor Grimmer Opened the public hearing to consider the 1971-1972 Budget. City Manager Paul West stated the Budget which had been presented to the Council earlier for their studying provided for the same level of services and with no tax increase. Councilman Flaherty inquired about several items and they were clarified by the City Manager except one item on page 83 of the budget. City Manager Paul West stated there was a mistake and it would be corrected and brought back to the Council. Councilman Linn requested the following statement to be in the minutes. "Statement for those who are in the audience. You would think that probably no effort has been made by any other Council Member to study this budget or be prepared for the budget hearing tonight. But I know of specifically and directly of two meetings that were held at the request of the City Administrator to discuss any errors that might be in this budget so that it might be completed in its entirety and presented to the public tonight with an air of dignity. I just want to insert this in the minutes so that you will know that any corrections t4at are offered are well and good but there has been times when the suggestions could have been made and possibly corrected and answers given prior to this meeting tonight. " After some discussion, Councilman McClung made a motion to close the public hearing. Councilman Korioth seconded the .motion. After some discussion, Councilman Korioth withdrew his second to the motion and Councilman McClung withdrew his motion. Mayor Grimmer asked if there was anyone in the audience that would like to ask question concerning the budget. No one spoke. Upon a motion by Councilman Linn, a second by Councilman Korioth, all present voting "aye", closed the public hearing on the budget. After some discussion on the error on page 83 that would be brought back to the Council at the next Council meeting, a motion by Councilman McClung, a second by Councilman Korioth, all present voting "aye", accepted the 1971-1972 budget as presented by the City Manager. Page 305. ORDINANCE NO. 891 - SETTING THE TAX RATE Upon a motion by Councilman McClung, asecond by Councilman Korioth, all present voting "aye", adopted an ordinance setting the 1971-1972 tax rate at $1. 25 per $100 evaluation. ORDINANCE NO. 892 - ADOPTION OF 1971-1972 BUDGET Upon a motion by Councilman Korioth, a second by Councilman McClung, all present voting "aye", adopted an ordinance approving the fiscal year of 1971-1972 budget. TEMPORARY BA.TCHING PLANT AUTHORIZED After some discussion on the procedures of making a request for a temporary batching plan which had been followed, a motion by Councilman Linn, a second by Councilman McClung, all present voting "aye", passed a resolution giving Texas Bitulithic Company permission to use a tract of vacant land located approximately 200 feet east of Midway and 200 feet south. of the new street, Proton, and will run all the way to the new street, Gamma, in Metropolitan Business Park #5, for a temporary bathching plant. QUIT CLAIM DEED TO ABANDON PORTION OF RIGHT OF WAY FOR SPRING VALLEY ROAD AUTHORIZED. After hearing a recommendation from the City Administration to abandon a portion of right of way for Spring Valley Road in the Metropolitan Business Park and ownership reverted to the original owner as realignment of Spring Valley Road that no longer necessitates the need for this right of way, a motion by Councilman Flaherty„ a second by Councilman Linn, all present voting "aye", authorized the City Manager to execute a quit claim deed to abandon portion of right of way for Spring Valley Road as presented. RESOLUTION INITIATING ASSESSMENT PAVING PROCEDURES FOR SPRING VALLEY ROAD. After some discussion, a motion by Councilman Linn, a second by Council- man McClung, all present voting "aye", passed a resolution deeming it necessary to improve Spring Valley Road from the East right-of-way line of Midway Road to the West right-of-way line of Dallas Parkway by constructing two 33-foot roadways with a 14-foot median strip upon said street which shall be paved with 8-inch thickness reinforced 3, 000 pounds per square inch, Portland Cement concrete pavement with integral curb and gutters as shown in plans, together with 6-inch thickness reinforced 3, 000 pounds per square inch Portland Cement concrete driveways and by constructing all necessary drains, sewers and culverts where specified, and a portion of the cost of such improvements shall be assessed against the abutting property owners and their property in accordance with what is known as the "front foot plan", which assessment shall constitute a lien against the abutting property. Page 306. RESOLUTION ADOPTED IN COMPLIANCE WITH H. U. D. REQUIREMENTS FOR REIMBURSEMENTS FOR PARK ACQUISITION. After some discussion, a motion by Councilman Korioth, a second by Council- man McClung, all voting "aye", passed a resolution in compliance with H. U. D. requirements for reimbursement of funds used for acquisition of public parks. SPUR CROSSING BY HOME INTERIOR AND GIFTS CONTINUED FROM PAGE 304. After some discussion on the signaling of the spur crossing and the maintenance of the crossing, a motion by Councilman Korioth, a second by Councilman McClung, all present voting "aye", adopted the attached ordinance and that it be a restrictive covenant running with the land. EXECUTIVE SESSION Land Acquisition City Manager Paul West and City Attorney George McDonald gave a report on the status of the Fulkerson property. After some discussion, a motion by Councilman Korioth, a second by Councilman Mc -lung, all present voting "aye", authorized the expenditure of the commissioners award in the amount of $11, 750. 00 for the Fukerson property which was the amount the Judge entered as a judgment. ADJOURNMENT. Upon a motion by Councilman McClung, a second by Councilman Linn, all present voting "aye',' adjourned the City Council meeting of September 7, 1971 at 10:53 P.M. Mayor Ci y Secretary Page 307.