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1971-09-20 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING September 20, 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 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 September 20, 1971 to order at 7:30 P. M.. Glenn Moore gave the invocation. DECLARING AN EMERGENCY Upon a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", declared an emergency and placed 4. A. "Hear Request for a Median Cut on Webbs Chapel Road to Primrose Lane" on the agenda. Councilman Korioth made a motion to declare an emergency and placed 4. B. "Consider Resolution Opposing Consolidation of School Districts" on the agenda. After some clarification as to the Agenda Item number, Councilman Linn seconded the motion and all voted "aye". Upon a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", declared an emergency and placed 16. A. "Discuss Spring Valley Road Paving" on the agenda. APPROVAL OF MINUTES Upon a motion by Councilman Korioth, a second by Councilman Flaherty, all voting "aye", approved the minutes of the City Council meeting of September 7, 1971 after the following corrections were made: (1) On Page 305 let the last paragraph read: Councilman McClung made a motion to accept the 1971-1972 Budget as presented by the City Manager. After Councilman Korioth asked the City Manager if this budget could be amended to correct the mistake on page 83 at a later meeting which the City Manager concurred that it could be, Council- man Korioth seconded the motion and all voted "aye"."; and (2) On page 305, under the caption of "Brookhaven Country Club Contract Amended", let the fifth line read: "Mr. Johnson requested the following three provisions be added to the Page 308. SERVICE AWARDS PRESENTED. Mayor Grimmer presented a 10 year service award to Donald Wayne Atteberry of the Police Department and a 5 year service award to C. D. Hilliard of the Fire Department for their employment with the City.. LONE STAR GAS COMPA.NY'S SERVICE LINE POLICY ON MAINTENANCE DISCUSSED. Mr. James L. Murphy, 13928 Tanglewood, told of a neighbor who had had a gas leak going into his house from the meter; the Gas Company came out and told him he was responsible for the repair and the City Inspector came out and mentioned it was the property owner's responsibility, so he took care of it. Mr Murphy stated this neighbor also had a leak from the meter to the main which was a high pressure leak and was told he was responsible for that, too. Mr. Murphy stated this came as a surprise to them and they thought since it was high pressure from the main to the meter it would be the Gas Company's responsibility. He said they checked with the Gas Company and was told the Gas Company serviced anything from the main to the property line and anything from there was the responsibility of the property owner. He said he called Dallas to see what their policy was and was told the Gas Company services anything from the main to the meter even though on private property. Mr. Murphy stated they wondered why the policy is different in Farmers Branch from that of Dallas. He said he found out today (September 20, 1971) that in Dallas, Lone Star puts in the gas line from the main to the meter and in Farmers Branch, Lone Star puts the gas line from the main to the property line then an individual contractor comes by and puts the line from the property line to the house. He said he was told that when they put this line in it is a special wrapped pipe and they feel like is is superior and that is why they are willing to maintain it. Mr. Murphy asked why couldn't the City of Farmers Branch have the same policy as Dallas. Mayor Grimmer called on Mr. Billy Throgmartin, Manager of the Lone Star Gas Company for the Cities of Farmers Branch and Carrollton, to answer his question. Mr. Throgmartin explained that Dallas was one of about 535 cities with a policy as described by Mr. Murphy. Mr. Throgmartin explained that each City has their own city ordinances and codes on the regulations and the maintenance of service lines and has found the ones in Farmers Branch to be satisfactory. He explained the Gas Company was always willing to discuss ways for better service and regulations with the city. There was a discussion on the placing of the meters. Mr. Throgmartin explained the different types of pipes that were acceptable. Mr. Murphy told of his leak and of the fact that they could not find his cut off valve. There was some discussion on the finding of cut off valves. Page 309. After more discussion, Councilman Linn moved the City Administration be advised to make a study on this- in regards to updating or possible revisions in the ordinances and with Councilman Flaherty's suggestion that the Gas Company be a vital part of this so that it can be a coordinated effort in working up this study. After some discussion, Councilman McClung seconded the motion and all voted "aye". REQUEST FOR MEDIAN CUT ON WEBB CHAPEL ROAD TO PRIMROSE LANE. Mr. Basil Weaver, 2948 Primrose, presented a petition signed by 30 people of the 38 people on the block which states: 'We the under signed request a left hand turn be installed at Primrose Lane and Webb Chapel Road. " Several people stood up seeking this request. Mr. Weaver stated he did not realize until in the last 10 days that there was no way to get on Primrose from Webbs Chapel coming from Dallas. He further stated that Primrose did not go through to Josey Lane so the street is cut off to the through streets. The Council asked the City Manager if a change could be made and what would be involved. City Manager Paul West explained that this was a County project and the City could not do anything on their own without getting the County to do it. Mr. West stated the County had presented the plans before construction and had been approved by the City. The Council discussed the present locations of the turns off of Webb Chapel. Mr. Robert Anderson, 3056 Primrose, made statements in favor of the request and said without a turn to Primrose their property would devalue. Mr. Roy Patton, Director of Public Works, explained and pointing to a transparency of Webb Chapel in this area the plan for traffic circulation. After some discussion, Councilman Korioth moved the City Administration be instructed to study this situation for the possibility that had been requested and come back at the next Council meeting with their suggestion to -leave it or to change it. There was a discussion of time and the cutting out of the curb if necessary. Councilman Korioth called for the question. Councilman Linn seconded the motion. The motion was asked to be repeated by Mayor Grimmer. Councilman Korioth moved to instruct the City Administration to be ready to present to the Council at the next regular Council meeting their engineering study and recommendation on this situation as requested by the public. Councilman Linn asked the motion be amended to make a study and if a solution is possible the City Administration be authorized, to request to the County to make the cut in the median. The City Manager asked if this was a direction to make the cut in the median. Councilman Linn answered that it was not a direction just if it was workable to make the cut. It was brought out that it would come to the Council before the cut is made. Page 31'0. Councilman Korioth accepted the amendment. Councilman Linn seconded the motion with the amendment and all voted "aye Mr. Weaver thanked the Council for their time and consideration of their request. RESOLUTION OPPOSING CONSOLIDATING SCHOOL DISTRICTS. Mayor Grimmer stated a suggested resolution opposing the consolidation of school districts had been prepared. He explained that the Commissioners Court passed such a resolution and made a recommendation to the Mayors of the suburban cities in the County to do the same. He explained there was a delegation of 5 cities in the County present for a meeting to discuss this subject. Mayor Grimmer stated that resolutions from various cities had been mailed to the city. Mayor Grimmer read the proposed resolution. Mrs. Donna Schieby of Suburban News made the statement that she thought that some of the people in the W. T. White School area would be in support of consolidating the schools since some lived in the City of Farmers Branch. After some discussion and correction made in the resolution to leave out words that might designate any certain number of miles, Councilman Linn moved to adopt the attached resolution. Councilman Korioth asked to amend the motion to request that the resolution be sent to all the Dallas area Senators and Representatives. Councilman Linn accepted the amendment. Councilman Binford seconded the motion with the amendment. All voted "aye". STREET NAME CHANGE- PORTION OF PEIPPERWOOD TO WILLIAM DODSON PARKWAY. Mr, Jud Dranquet, representing Lawrence Miller Management Company, requested to change the name of a portion of Pepperwood Street to William Dodson Parkway. This portion of Pepperwood Street runs south from William Dodson Parrkway and east of the city hall and was pointed out on a transparency. Mr. Danquet stated the reason for the request was to clarify idendification and eliminate some of the confusion coming off of Valley View Lane dawn William Dodson Parkway in order to get to the apartments which is owned by the Lawrence Miller Management Company. It was brought out that the only ones this change would affect would be the apartments. It was brought out that it was discussed at the Planning and Zoning Commission's meeting that the Lawrence Miller Management Company would reimburse the City for any cost of the street signs. Mayor Grimmer asked if anyone else was present to speak in favor of the request. No one spoke. Mayor Grimmer asked if anyone was present to speak opposing the request. No one spoke. Page 311. Upon a motion by Councilman McClung, a second was made by Councilman Linn, all voting "aye", granted the request for this portion as described of Pepperwood Street be changed to William Dodson Parkway as recommended by the Planning and Zoning Commission. REQUEST FOR PAVING MIDWAY ROAD FROM L. B. J. TO McEWEN. Mr. John Gabberts, Executive Vice President and General Manager of Gabberts, Inc. , stated they would be locating a retail furniture store at the corner of Midway Road and McEwen and requested the City to widen Midway Road from L. B. J. to McEwen. He stated their present location was in Minneapolis,. Minnesota and was expanding to this location. He stated he had been told that there had been approval for the widening oz Midway Road for a Penney's Treasury store to be located on the west corner of Midway and Valley View. He stated it was important to them to widen Midway since they wanted to open June 1, 1972. Mr. Gabberts told about their business and presented a brochure of displays of their furniture to the Council. Mr. Gabberts stated they planned to have a 104, 000 sq. ft. building for retail sales and a 100, 000 sq. ft, warehouse. The Council discussed the benefits the city would receive when this company comes to Farmers Branch. Estimated costs were discussed for the widening of Midway Road. After more discussion, Councilman Linn made the motion requesting the City Manager to coordinate the engineering efforts so that widening of Midway from L~:B. J. -to McEwen can be started at the time that Gabberts' construction is evident. Councilman Korioth seconded the motion and all voted "aye". THEATRE 34'S REQUEST FOR LOCATION OF TEMPORARY BUILDING. Mr. John Shook, Resident Director for Theatre 34, stated that Theatre 34 has a small building which is used for storage of equipment in the Gussie Field Park and would like to construct a temporary building which they can get free of charge fr Eastfield College on the space available next to their present building in Gussie Field Park. Mr. Shook described the structure of the portable building and stated if it could be constructed at this location it would be convenient to transport their equipment from their present building. The size of the building was discussed. It was pointed 'out by the City Manager that parking could present a problem at this location and he recommended that other areas for the location of the building be studied. It was brought out that the city codes would be followed. Councilman Korioth made a motion to turn this request to the City Administration for a recommendation and to be presented to the Council at the next Council meeting and this be through the cooperation of the Administration and Threatre 34. Mr. Shook asked what would be the procedures which they must now follow. City Manager Paul West advised them to contact the Public Works Department Page 312. and they would advise them of the procedures. Councilman Binford seconded the motion and all voted "aye". Councilman McClung advised that any technical information from an engineering standpoint which they could secure from the College on the building, like the certification about the vinyl or material used in it, would hasten the matter. Mr. John Shook stated he had the certification on the vinyl. TRAFFIC SITUATION ON MILLWOOD DISCUSSED. Mrs. Kophenstein, 2816 Millwood, told of people using Millwood for a cut through street from Josey Lane to Farmers Branch Lane and of speeders on Millwood. She stated the street is curved and requested some solution to the problem. She stated the street was heavy with traffic coming from the Janey Stark Elementary School. She suggested to have the speed limit lowered. After some discussion, amotion by Councilman Korioth, a second by Councilman Flaherty, all voting "aye", requested the City Administration to give a traffic study and recommenation on the street of Millwood, if any, at the next Council meeting. BIDS AWARDED FOR VEHICLES. City Manager Paul West recommended the bid on a Van Truck and a Pick-up Truck be awarded to Vandergriff ' s, and the bid on 6 4=door sedans for patrol units and 3 4-door standard sedans be awarded to Lee Jarmon Ford Company. Mr. West explained that the low bidder, Preston-Chrysler-Plymouth, did not meet the specifications, and the next low bidder on the sedans which was Buckner-Chrysler-Plymouth was not recommended because of the difficulty to access of servicing the vehicles. Councilman Korioth made statements that he wished the Council would consider bids on larger automobiles such as mercury, oldsmobile or pontiac. There was some discussion on this. Councilman McClung made a motion to accept the bid of Lee Jarmon Ford for the purchase of 9 4-door sedans and the bid of Vandergriff Chevrolet Company for the van truck and the pick-up truck be accepted as recommended by the City Manager. Councilman Flaherty seconded the motion. The motion carried 4 to ' with Councilmen McClung, Flaherty, Linn and Binford voting "aye" } and Councilman Korioth voting "nay". BID AWARD FOR REFUSE BAGS. After reviewing all bids and some discussion on the quality of refuse bags, a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", awarded the bid in the amount of $78, 950. 00 for 1, 000, 000 refuse bags to International Paper Company. It was reported by the City Manager that a study for the distribution of refuse bags is being made. Page 313. PLANS FOR THE EXTENSION OF SQUIRE PLACE APPROVED. City Manager.Paul West recommended that authority be given if the Council wishes to proceed with the plans and specification for the extension of Squire Place from Denton Drive to I. H. 35E. Mr. West stated this would be under an assessment program. The extension of Distribution Way which was the next item on the agenda was discussed at this time also. Director of Public Works Roy Patton explained the traffic circulation plan. It was pointed out by Mr. Patton on a transparency. Mr. Earl Womack stated he owned half of an acre on the frontage road and Mr. Clark owned an other half of an acre and the proposed extension of Distribution Way would divide their property and he was opposed to the extension. Mr. Womack said there was already a County road going through the Hogue property and extended to the west of I. H. 35E. The Council was unaware of this for the maps of the City did not show this. The City Manager assured the Council that this would be checked into. Realignment of the road was discussed. After more discussion, a motion by Councilman Binford and a second by Councilman Linn, all voting "aye", approved the recommendation of the City Administration to proceed with the plans and specifications for the extension of Squire Place from Denton Drive to I. H. 35,. It was brought out that money was available in the Street Bond Funds. EXTENSION OF DISTRIBUTION WAY FROM DENTON DRIVE TO I. H. 35E DISCUSSED. After some discussion, a motion by Councilman Korioth, a second by Council- man McClung, instructed the City Administration to investigate the information given by Mr. Womack in discussion above concerning the County road and bring back to the Council at the next meeting. Councilman Flaherty suggested a plan be studied to see if the proposed extension could go through the property which the Riley Homes occupies rather than than the route shown. City Manager Paul West stated this would be investigated. The motion carried with all voting "aye". AGREEMENT WITH BAPTIST FOUNDATION FOR LEASING LAND TEMPORARILY FOR RECREATION PURPOSES. City Manager Paul West stated that the City has arm. opportunity to lease without charge some land located along Irondale Street adjacent to the Highway property which the city is already authorized to use. Mr. West stated this could be used for recreation purposes such as practice fields for soccer, football or baseball. Page 314. After some discussion, a motion by Councilman Linn, a second by Council- man McClung, all voting "aye", accepted the recommendation of the City Manager and authorized him to execute an agreement with the Baptist Foundation for leasing land as described temporarily for recreation purposes. ORDINANCE 895 - APPROVING 1971-1972 BUDGET City Manager Paul West explained that Ordinance 895 corrected the error in the budget which was presented at the last meeting. He stated there was $53,404. 00 omitted from Park Maintenance Personal Services (Division #52) in the budget presented at the last meeting. He stated that in order to provide funds for this ommission $20, 000. 00 was removed from the Street Maintenance Division, this amount had been set aside to purchase a motor- grader, and placed with a Reserve for Contengency figure of $43,110. 00. He stated when the omitted $53, 404. 00 was deducted from the new Reserve for Contengency figure the present balance is $9, 706. 00. Mr. West stated this change does not effect the grand total of the General Fund Budget. Upon a motion by Councilman Korioth, a second by Councilman Binford, all voting "aye", adopted the following captioned ordinance. AN ORDINANCE OF THE CITY OF FARMERS BRANCH PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1971, AND ENDING SEPTEMBER 30, 1972, BY APPROVING THE AMENDED BUDGET FOR SAID PERIOD AND APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF FARMERS BRANCH FOR SAID FISCAL YEAR FOR THE MAINTENANCE .A.ND OPERATION OF VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY; AND DECLARING AN EMERGENCY. CONTROLLING TRAFFIC ON HEARTSIDE PLACE FROM LONGMEADE TO VA.LWOOD PARKWAY DISCUSSED. - ORDINANCE NO. 896. Mayor Grimmer stated an ordinance had been presented to the Council recommending that Heartside Place from Longmeade to Amber Lane be made one-way going north. City Manager stated that the citizens on Heartside in this area had been contacted by letter that this was to be discussed at this meeting. The following spoke on this discussion: Mr.. Stanley Sweat, 13837 Heartside, stated he would like to see speed limit changed back and was against the one-way recommendation. Mr. Ben Garrett, 13905 Heartside, stated he agreed with Mr. Sweat. Mrs. Ben Garrett, 13905 Heartside, stated she objected to the 10 MPH limit and objected to the one-way recommendation. She stated they were having more trouble with the children playing football in the street than the vehicles speeding in the street. She stated the one-way would be an inconvenience to them. Page 315. Mrs. Graham Brewer, 13928 Heartside, stated she appreciated the Council's efforts in solving their problem. She stated she did not mind the inconvenience it would cause her and was in favor of the one-way recommendation. Mr. Richard Craig, 13818 Heartside, stated he was opposed to the one-way and the 10 MPH limit. Mrs. Richard Craig, 13818 Heartside, stated that by making Heartside one-way would create problems on Birchlawn and Pyramid streets. She suggested a 20 MPH speed limit and said she was opposed to the one-way, suggestion. Mr. Hal Holup, 13949 Heartside, asked if the suggestion of closing off Heart- side between Valwood and Amber had been dismissed? It was pointed out that this would not help the traffic situation in their area. Mrs. Hal Holup, '13949 Heartside, told of accidents that has happened along this street and complained of the speeders. Mr. Bob McCasland, 13836 Heartside, was opposed to the one-way recommendation and suggested to set the speed limit to 20 MPH and enforce it. Mrs. Dennis Smith, 13831 Heartside, suggested a 20 MPH speed limit and signs be posted. Mrs. M. Seagraves, 13824 Heartside, stated she would like to see a 20 MPH speed limit and would like to see signs posted 'Children at Play'. Mr. Ben Garett, 13905 Heartside, stated that making Heartside one-way would not help. Mrs. Graham Brewer, 13928 Heartside, asked if this recommendation for one-way was from the Police Department and the planning department? She stated if it was she saw that there should be no further discussion. The Council agreed that the temporary speed zone of 10 MPH was too slow and it did not catch the high speeder according to the tickets that were issued by the Police Department. Council Korioth told of a portable device that would cost approximately $500.00 that would have a hose stretched across the street that would show a vehicle going too fast or more than the speed limit. He stated the citizens would have to participate by sitting out there watching the device and reporting the speeder. After more discussion, Councilman Linn made a motion to decline Ordinance No. 896 and rescind Ordinance No. 894 which provided the 10 MPH speed limit and requested the City Manager to continue to study and work toward a solution for the traffic problem on Heartside. Page 316. Councilman Korioth asked to amend the motion to see the possibilities of the speeding device described previously. After some discussion, Councilman Linn accepted the amendment to the motion. Councilman Korioth seconded the motion with the amendment. The motion carried 4 to 1 with Councilmen Linn, Korioth, Flaherty and Binford voting "aye" and with Councilman McClung voting "nay". The Council mentioned the City would need the assistance from the citizens on Heartside if the speeding device was to go into effect. ITEM NO. 15 WHICH WAS TO CONSIDER AUTHORIZING THE ADVER'T'ISING OF BIDS FOR REPAIRING VILLA CREEK CONCRETE CHANNEL WAS DELETED FROM THE AGENDA. CITY MANAGER AUTHORIZED TO SET PUBLIC HEARING DATE FOR THE SPRING VALLEY ASSESSMENT PROGRAM. After a brief discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", authorized the City Manager by passing a resolution to set the date for the public hearing for the Spring Valley assessment program when the plans are scheduled and worked out. SPRING VALLEY ROAD PAVING DISCUSSED. City Manager Paul West reported that property owner, Mr. Bill Campbell, whose property is located on the northeast corner of Welch Road and Spring Valley will not dedicate the right of way or put up the $30. 00 per foot as pledged unless we give him the curb cuts in the medians where he wants them. Mr. West stated the plans had been prepared by the County and the City has accepted the plans. He stated the City had tried to compromise by agreeing to put in a curb cut as close to the intersection of Welch Road as possible but this was not acceptable with Mr. Campbell. Mr. West stated thO Mr. Campbell does not own the property but has an option or contract to purchase. Mr. West stated that all other property owners who have put up money and the County are willing to go ahead and pave Spring Valley leaving this portion out. He said the north half would have a narrowing to a 33' paving which would provide two lanes of traffic. Mr. West stated that when this is platted or sub-divided we can acquire the street right of way and assess for the paving. After some discussion, a motion by Councilman McClung, a second by Council- man Binford, all voting "aye", authorized to proceed with the paving of Spring Valley Road and leave out portion of Mr. Campbell's property as described by the City Manager. SETTING COUNCIL MEETING DATE IN OCTOBER. Councilman Binford moved that considering the fact that the majority of the Council will be in Houston attending the Texas Municipal League convention on the date of the first regular meeting in October, that the City Council hold only one meeting in the month of October and that be the third Monday night of October 18, 1971. After check with the City Manager to see if there would be any problem Page 317. and found there to be none, Councilman McClung seconded the motion and all voted "aye After some discussion, Councilman Linn made a motion to call a Special Meeting on September 27, 1971 of the City Council in order to canvass the election of September 25, 1971, and if the City Manager deems that other items are necessary to discuss and meets the approval of the City Council, then it could be considered. Councilman Korioth seconded the motion and all voted "aye". CITY MANAGER AUTHORIZED TO EXECUTE AN INTER-CITIES COOPERATIVE WATER AGREEMENT WITH THE CITY OF DALLAS. Mr. West, City Manager, explained the reason for this Inter-Cities Cooperative Water Agreement with the City of Dallas was that a property owner on Luna Road and Royal Lane would like to develop their property and is adjacent to the utility facilities of Dallas and is quite a distance from the Farmers Branch facilities. Mr. West stated that this agreement with the City of Dallas is available whereby the City of Farmers Branch upon request of the City of Dallas would furnish water and sewer at the City's rates to citizens of Dallas and same to be true with Farmers Branch requesting to the City of Dallas. After a brief discussion, Councilman Flaherty made a motion that the City Manager be authorized to execute an Inter-Cities Cooperative Water Agreement with the City of Dallas. Councilman Linn seconded the motion and all voted "aye". CITY MANAGER REPORTS. Councilman Korioth moved that due to the length of the agenda that at this meeting only the City Manager's report be dispenced. Motion died for the lack of a second. The City Manager gave a very informative report from the various depattments of the city and told of the construction of companies that would be locating in Farmers Branch in the near future. EXECUTIVE SESSION Land Acquisition Mr. West reported on the status of the Durrett Property and the Fulkerson Property. Mr. West stated that the Durrett Property's judgment award was $45, 200. 00 which was $200.00 more than the Council had authorized. He stated this had been paid before any more interest could be added to it. City Attorney George McDonald gave a report on the Davenport Property. He stated Davenport decided to accept the judgment award on all three cases but the 30' roadway was still in question. The City Attorney stated the Pollman case had been postponed. This property is involved in the Valley View widening project. Page 318. Law Suit Discussed. The law suit by the Zimmermans concerning the water tower was discussed. Mayor Grimmer gave a report of Councilman Korioth's and his trip to San Antonio. ADJOURNMENT. Upon a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", adjourned the City Council meeting of September 20, 1971. M yor eorge . Grimmer 1 City Secretary. Page 319.