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1971-10-18 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING October 18, 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 J. W. Wade Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of October 18, 1971 to order at 7:30 P.M.. Rev. Charles Strong a missionary from Central Baptist Church gave the invocation. APPROVAL OF MINUTES Upon a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", approved the minutes of the City Council meeting of September 20, 1971 after the following corrections were made: (1) On page 312 let the sixth paragraph under the caption, "Request For Paving Midway Road From L. B. J. To McEwenread: 'After more discussion, Councilman Linn made the motion that funds available for widening Midway Road from L. B. J. to McEwen be so designated, and, 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"'; (2) On page 314 'let the following sentence be added to the first paragraph 'Mr. West stated he has received information from the State Highway Department that makes the service road east from I. H. 35E a one-way thoroughfare which makes it advisable to extend Squire Place from Denton Drive to I. H. 35E. and, (3) On page 316 change the spelling of Holup to Holub. Upon a motion by Councilman Flaherty, a second by Councilman Korioth, approved the minutes of the Special meeting of the City Council of September 27, 1971. Councilman Flaherty, Korioth, McClung, and Binford voted "aye", Councilman Linn abstained from voting because of being absent from the September 27, 1971 meeting. Page 321. ,-Cr/ REVISED SITE PLAN A.PPROVED FOR WARDS DRUG Mr. Pat Chandler, representing Liberty Sign Company and the Wards Drug Company, stated that they had been before the Planning and Zoning Commission and had worked out a community sign that would serve all the tenants of the Valley View Central Shopping Center that want to go on it now, and for any tenants in the future. Mr. Chandler requested the approval of a revised site plan for the community sign and presented a drawing of the sign to the Council. He stated they had appeared before the Merchants Association of the shopping center and found three tenants who are interested in participating in the community sign. He stated there was space at the bottom of the sign for any additional signs if tenants wanted to participate at a later time. Mr. Chandler stated that this was the only community sign in this particular development. He stated that upon examining they found that a fence had not been put up as customary. He stated when Wards Company was aware of the fence they took out a permit. The Council inquired if the permit for the fence had been taken out and found it had been. Councilman Korioth questioned that this would be the only sign. Mr. Chandler stated it would be the only community sign but that Baskin Robbins had an individual sign which had been up for quite some time. Councilman Linn asked the recommendation of the City Manager. Mr. Paul West, City Manager, stated he sees no real objection to this one sign but it should be required to conform to the building codes, sign ordinance and the zoning ordinance. He stated the reason it has come before the Council is because it is in a Planned Development area. 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 in opposition to the request. No one spoke. After more discussion, Councilman Linn moved the request for the sign as presented by Mr. Chandler be approved subject to all building codes and city ordinances; and, that the fence be comparable in design and quality as the one now north of Wards Drug Store. REQUEST FOR SITE PLAN APPROVAL ON PROPERTY LOCATED BETWEEN WEBBS CHAPEL ROA.D A.ND MARSH LANE BY OA.KBROOK, LTD. Since there was not a representative present from Oakbrook, LTD., Councilman Linn moved to table this request until further on in the meeting because no on was present at this time; and, if the developer does not appear in behalf of this request that it be tabled until the next meeting in order to give the Administration time to study the Homeowners Covenants and some of the building requirements for this type of condomenium construction. Council- man McClung seconded the motion and all voted "aye". Page 322. ADDITIONAL UNLISTED USE TO THE ZONING ORDINANCE REQUESTED BY JERRY PARKS AND BILL SANFORD. Mr. Bill Sanford explained they were building an office complex at 2925 Valley View Lane and had come to the city with a request for a building permit for a retail building for United Rent-All about two or three months ago. He stated they were told they could obtain a building permit for the building. Mr. Sanford stated they then proceeded with lease negotiations with United Rent-All and International Industries, the parent owner. He stated at that time they did negotiate a lease with them to build a building at this location for them. He stated they have extended a lease twice with them because of time delays which have created problems with United Rent-All but decided to proceed with the city. Mr. Sanford stated the property is zoned retail but have found that in the zoning ordinance it does not permit or have a designation for a building that is used to rent purchases in a retail zone. Mr. Sanford stated they feel t!As is a retail use and it should be in retail zoning. Pictures of existing places of businesses by United Rent-All in other cities were displayed. Zhere was a discussion of the architecture of the building that would tie in with the other buildings. The types of articles such as tractors, truck, and trailers were discussed. Mr. Sanford stated this was not the type of buisness United Rent-All was in and further stated that the lease restricted them from having outside storage. Mr. Sanford stated because of delays United Rent-All has lost their operator for the store but is still looking for another and they considered the lease terminated unless they find an operator. Once again Mr. Sanford stated they felt this type of operation should be allowed in a retail zone. Mr. Jerry Parks stated the lease with United Rent-All was for 20 years and that Mr. Sanford and himself would still own the build and will see that the building is maintained. He explained they own all the ground from Wilmington to Tom Field which is five acres. He stated they have two buildings and plan for two more and would not do anything there to hender them from making a lease. Mr. Parks stated they investigated their operation thoroughly and do not think the operation of United Rent-All would be of any type the Council or they as property owners, be ashamed of. Mr. Parks explained it was an inside the building operation and also sell wheelchairs, party equipment, etc. The display of items outside was discussed for the United Rent-All and other existing operations in the city. It was discussed that provisions for outside storage could be eliminated by conditions placed on the request. It was discussed that the contract with United Rent-All could be examined by the Administration to be sure of the conditions. Page 323. The Council inquired as to what differences they were asking other than those when they appeared before the Planning and Zoning Commission where the request was denied. Mr. Parks stated they felt their case was unfairly represented when the Planning and Zoning Commission did not realize they owned the building and would be leasing to United Rent-All. Mr. Sanford stated that United Rent-All was not in anyway connected with U-Haul Trailers. There was a discussion of making repairs to the equipment in the back of the building. It was brought out that the Planning and Zoning Commission denied the request with only 4 members present and the vote was 3 to 1. The record of attendance of the Planning and Zoning Commission members at their meetings was mentioned. The possible noise of the operation was discussed. Mr. Tucker Lathem, chairman of the Planning and Zoning Commission, stated the Commission did understand what they wanted to put in and since they ruled on it, he went out and looked at one at Plano Road and the Northwest Highway. He described what the building looked like with outside storage and signs of all sizes. He stated he was glad the Commission overruled him since he was the one that"voted against the request on the Commission for this is not for Farmers Branch. Mr. Parks stated that Mr. Lathem had not seen the lease and was unjust in comparing what he saw to the one they were seeking. Mr. Parks made other statements pertaining to this. After some Council discussions, Councilman Korioth made a motion that the request be granted with the condition that no outside storage be allowed. After some discussion on displaying of articles on the sidewalk, Councilman Korioth withdrew his motion. Councilman Linn made the motion that the request be granted but there be no outside storage or display; and, that a copy of the contract to the lessor be examined by the City Administration to see that it meets these prior requirements. After some discussion by Councilman Korioth on the part of the motion concerning the contract be examined, Councilman Linn withdrew the part in his motion concerning the contract. Councilman Korioth seconded the motion, There was some discussion on the outside storage and display. Page 324. Mr. Sanford stated he was asking that no outside storage be allowed, and asking that they be treated as any other business in displaying articles. There was more discussion on displaying of equipment. Councilman McClung spoke in concern about the developers selling the property to someone else it the fature. Mr. Sanford stated he did not know if United Rent-All could live with this if other places in the city could display in front of the buildings. After some discussion, Mayor Grimmer called for the vote to the motion and second. The motion carried 4 to 1, with councilmen Linn, Korioth, Flaherty, and Binford voting "aye"'. Councilman McClung voting "nay". City Manager Paul West asked the feelings of the Council on the enforce- ment of the ordinance on displaying articles outside. He told of different places of business that had outside display. After some discussion and the fact that this no outside display pertained to the request for this unlisted use, it was agreed this could be studied in a study session of the Council. Councilman Linn made a motion to.discuss outside display in a study session. Councilman Binford seconded the motion. Mayor Grimmer stated this did not need a motion. Councilman Binford withdrew his second to the motion and Councilman Linh withdrew his motion. TRAFFIC SITUA-TION ON MILLWOOD_DISCUSSF_D. City Manager Paul West stated the Administration recommends that Millwood be made one•-ivvay in a was,. to north direction from Josey to Farmers Branch Lane, and the speed limit be made 20 MPH. He stated this would be in effect all the time and not limited to during the school hours. Director of Public Works Roy Patton showed a transparency and told of the recommended traffic plan. Councilman Korioth agreed with the 20 MPH because of the curve in the street. There was a discussion on the recommended one-way direction. Mr. Lee Young, 2849 Millwood, made statements in disagreement to the one-way and stated that this would not solve the situation. He stated that speeding vehicles is the problem. He stated that people were in the park at late hours and told of the trash blowing in his yard from the park. Mr. Bruce Martin, 2839 Millwood, stated the abundance of cars at the park at times was a problem. He made statements concerning the speeding of vehicles. Mr. Young asked if a 10 MPH speed limit could be set. The Council informed him that this had been tried on another street in town and was not a solution. Mr. Young agreed that this was too slow. Mr. Young asked where would he go to complain about the late hours kept in the park and of the trash. The Council told him it had been noted and was sure the complaint would go to the right person. Pale 325. Mr. Young suggested that signs be put up in the park stating to put the trash in the cans, and could signs be put up stating no thoroughfare. After some discussion, a motion by Councilman Binford, a second by Councilman Linn, all voting "aye", set the speed limit of 20 MPH on the block of Millwood Circle for 24 hours a day. TRAFFIC ON HEA.RTSIDE SITUATION DISCUSSED. Mayor Grimmer told of the past meetings in trying to find a solution to the traffic situation on Heartside, from Longmeade to Valwood Parkway. He stated the 10 MPH did not work, the one-way suggestion was not wanted by half of the people, and after reviewing a report the speeding device appeared to be impractical. Councilman Korioth stated they found if the speeding device was left for a period of time, it did seem to help. He said the City Manager was checking on this. Mrs. W. L. Jameson, 13842 Heartside, stated that 20 MPH speed limit would help. A. count of 9 families were present. Councilman Binford suggested to put a school crossing with a stop sign in the middle of the block. Mr. Stanley Sweat, 13837 Heartside, disagreed with the 20 MPH speed limit and requested the speed limit to remain 30 MPH. Councilman Linn polled the audience: on how many would be in favor of 30 MPH, 7 hands were raised; on how many would be in favor of 20 MPH, 8 hands were raised; on how many would be in favor of one-way, 2 hands were raised; and, on how many would be in favor of the speed limit -really being enforced, all hands raised. Mrs. Hal Holub, 13949 Heartside, presented a petition asking the Council to make a decision or not make a decision but just do something. One lady, name notgiven, stated if 20 MPH signs were posted it would discourage the speeders. Mr. Anderson, 3056 Primrose, stated the Council was considering taking a thoroughfare and making an island out of one block that could lead to the same all over the city. He disagreed. Mrs, Graham Brewer, 13928 Heartside, stated she had been to all the meetings concerning this and has heard the Councilmen say that the city does not have the money to enforce the laws. She suggested the city to sell some of the new cars that were recently authorized to purchase and buy a motorcycle and hire another policeman to enforce what laws we do have. Page 326. Mrs. Brewer stated she had asked about a street light at a previous meeting that has not been installed, Mrs. Holub suggested a policeman to be on patrol on Friday nights between the hours of 10 P.M. until 2 or 3 A.M., and on Monday thru Friday between the hours of 7:30 to 8:00 A. M, and 3:30 to 4:00 P.M. and around 5:00 P.M. She stated this seemed to be the times that are the worst for speeders. Mr. Holub asked how many persons had been caught going 50 MPH. Mayor Grimmer replied not a one according to the police repohts. Councilman Binford suggested to leave the speed limit as it is and enforce the speed limit and, patrol more heavily in troubled areas. Councilman KDrioth agreed with Councilman Binford. A child from the audience asked the Farmers Branch Police to stop the speeders and the loud noises from loud mufflers that interrupes school. Councilman Flaherty suggested the citizens to get the license number and discription of the car and report them to the police department. He stated he had found people who are reluctant to do this, lie also suggested to follow the car and see where it goes then report it. The was a discussion on the difficulty of judging distance. Councilman McClung stated that after the 10 MPH try and everything else, he thinks it is a matter of policing, and if the City Manager feels like the city needs a special patrol for nothing more than to take a look at these troubled yeas and doesn't have the man power available then the Council probably should give some consideration in hiring an additional personnel. Councilman McClung stated he would like to put this in form of a recommendation for the City Manager to give some thought and come back to the City Council with it. City Manager Paul West suggested that the citizens call the Police Dept, every time they see or hear a speeder, then the Police Department would have it logged and could tell around what times the violations are taking place . He said then the Police could patrol around these times. Councilman Korioth agreed with Councilman McClung on his recommendation. A man, name nct given, asked if the street light had been ruled out? Mr. West stated that if the people who wanted street lights would=call the Department of Public Works, they could inform the people on the procedures. Mr. West stated the city would need the assistance from the property owner in securing the easements to place the poles. He said this was the policy that the easement be secured for the lights. Page 327. Mr. Holub asked who was responsible for trimming the trees next to the street? He said the trees needed trimming on Heart-side in some places. Mayor Grimmer stated that the property owner can trim the trees anytime he wishes. He stated that the City has control for they are in the easement and will trim them upon request. Mayor Grimmer called for a motion. Councilman Binford made a motion to instruct the City Manager to at least give thought and/or consideration to more strict enforcement of the speed limit in this area of Heartside, and to look into the possibility and give the Council an idea of cost on whether we should hire additional personnel. as Councilman McClung suggested. Councilman McClung stated he wanted to clarify that he did not say hire additional personnel but if the city was so thin in personnel that we could not adquately police this then we should make provisions for this. Councilman Binford stated he thought this is more or less what the motion meant, that the City Manager more adquately police this with the force the city has and if need any additional personnel then let us provide it. It was mentioned that the motion needed to include a speed limit. 7 Councilman Binford incorporated the setting of a 30 MPH speed limit in his motion. Councilman Korioth seconded the motion. After some discussion, the motion carried with all voting "aye". A man in the audience stated he would like to be notified if this is ever discussed again. (Name of man not, given) Mrs. Richard Craig suggested that an agenda of the Council meeting be left at the Police Building over the weekend before the meeting on Monday evening. GAS SERVICE LINE DISCUSSED. City Manager Paul West explained that at the last meeting of the Council the Administration was asked to look into the Gas Company's policy on the installation and the maintenance of service lines. Mr. West stated the Gas Company had a franchise with the city that gives the Gas Company the authority to enforce reasonable rules and regulations in regards to the installation and the maintenance of its gas service. Mr. West stated the Administration feels their rules and regulations are reasonable and recommends that the policy be continued. Councilman Linn stated that he was the one who asked for the report and he was satisfied with the answer. Page 328. Mayor Grimmer told of the incident that happened in Ft. Worth which resulted in the deaths of some citizens in Ft. Worth because of a faulty gas line. Councilman Flaherty mentioned the discussion of the last meeting of the finding of the cut off valve for the homeowners,,. would this involve the city? Mr. West stated that the Gas Company installs the cut off valve at the property line that the city does not maintain any record of the location of the cut off valve. Mr. West stated as far as he knew the Gas Company does not know the exact location of each resident's cut off valve, Mr. West stated the Gas Company finds the cut off valve with a pipe locator. Mr. Bill Throgmartin, manager of Lone Star Gas Company, told how the Gas Company detected the cut off valve with a pipe locator. REPORT OF POSSIBITIES FOR MEDIAN CUT ON WEBBS CHAPEL TO PRIMROSE. City Manager Paul West reported that this was a continued discussion from the Council meeting of September 20, 1971, whereas the Council had asked the City Administration to study the possibilities of a median cut on Webbs Chapel to Primrose Lane.as requested by the citizens living on Primrose Lane. Six sketches were shown with one being the existing and 5 being alternate sketches for providing a median cut. These sketches were presented by Director of Public Works Roy Patton. Mr. Patton explained each sketch. Mr. J. N. Anderson d3027 Primrose, and Mr. Basil Weaver of 2948 Primrose, who were requesting a median cut to Primrose, made statements concerning the sketches that were presented. Mr. Weaver stated he was in favor of the sketch that showed a protected lane to Prinrose and the unprotected lane to Spur Trail, or, the sketch that showed no island. The sketches were discussed by the Council . The Council discussed the possibility of cutting the median when the County was finished with the job. Mr. Weaver stated the above discussion on cutting the median after the County finishes Webbs Chapel was in agreement with him. Mr. Weaver asked the Council to say they will do something about it. Mr. Weaver stated that there is no cut going into the hospital. Statements by Mr. Anderson and the Council were made concerning the route to Primrose with the existing conditions. The Council discussed the legal technicalities on getting a change in the County's plans. Councilman Linn, speaking as a resident, stated he sympathized with the people because of his similar situation on Valley View Lane. Page 329. Councilman McClung stated it looks like it would be possible to make a lazy S for the protection of 2 cars going into Primrose and protection for 1 car going into Spur Trail. There was a discussion on this. After more discussion, the sketches were labeled A through F. After more discussion, Councilman Korioth made a motion to instruct the City Administration, that only after the acceptance of Webbs Chapel from the County, that the median shown on panel C be constructed. (Panel or sketch C provides for the protection of 1.5 cars going into Primrose and protection for 1.5 cars going into Spur Trail. ) Councilman Linn seconded the motion. After some discussion and questions on the amount it will cost if the median is cut, (no cost amounts were given), the vote was taken with Councilman Korioth, Linn and McClung voting "aye", Councilman Flaherty voting "nay", and Councilman Binford abstaining. The motion carried. Mr. Basil Weaver thanked the Council for their actions. RESIDENT REQUIREMENTS FOR THE VARIOUS BOARDS - REQUESTED BY COUNCILMAN KORIOTH DISCUSSED. Councilman Korioth stated he was speaking in refernce to the resident location of members on the Planning and Zoning Commission. He stated that he was in no way degrading any member of the Planning and Zoning Commission. Councilman Korioth referred to a map which he had the City to prepare showing the resident locations of the Planning and Zoning members. He said the mistake was made by the Council upon appointment of the members. He stated it was brought to his attention during the last election that a great majority of the members live in the same precinct and the same area of town. He stated that precinct 113, which is large and represents alot of our population, did not have a representative on the board and precinct 124 which would be around the same area as precinct 113, does not. He stated that since the Planning and Zoning Commission is an advisory board to the Council on zoning matters and planning matters, such as this last study, that it certainly should be represented of the entire city. He stated the Council is elected by the entire city. He stated the Council itself by being elected by the people is far more representative of the entire community than that of the Planning and Zoning of which we appoint. Councilman Korioth stated he has offered a solution to this. He stated he had asked the City Attorney to draw up an ordinance which states that no more than 2 members of the Planning and Zoning Commission may be appointed out of the same precinct. He stated the city has five _ precincts and would not be difficult to find this arrangement, in his way of thinking. He stated he had wished this had been done some time ago and appointed them according to this ordinance. He stated again he did not have any argument with any of the present Planning and Zoning members. He stated he thought it would take an ordinance to make this change. He stated he brought this to the Council asking their feeling. Page 330. Councilman Binford questioned that according to the ordinance if one member -in a precinct moves into another precinct, would the place become vacant. Councilman Korioth answered ,yes. Councilman McClung stated it would take alot of study because the city does not have many citizens expressing a desire to serve on a committee. Councilman Korioth stated he believed that since citizens know the members were to come from the precinct the city would get more volunteers . Councilman McClung asked what would happen if the Council could not find any member to serve, would there be a vacancy on the board? Councilman Korioth stated he found it difficult to believe. The Council agreed members should be from all parts of the City, and it was public notice to all citizens that they could serve. Councilman McClung asked Councilman Korioth if it was his intention to ask the existing board members to resign and then reappoint a new board. Councilman Korioth stated he didn't know the best way to handle this but the only problem is that 4 members now live in precinct 192. He said we could have the entire board resign and reappoint accordingly or talk to the members and tell them we would need 2 members to resign. Mayor Grimmer stated he agreed but in practical matters could not find people to serve. " Councilman Linn opposed to asking members to resign. There was a discussion on getting people to serve on the board. Councilman Korioth asked if the Council would like to have time to study, if so, he would intertain a motion to table this. Councilman Korioth stated that members in one part of town would not have an interest at heart on consideration for another part of town. Councilman Flaherty stated he believe members would be appointed on geographical location rather than qualification. Councilman Flaherty stated he could not see a diversity of interest so great that this would be a distinct advantage. Councilman Korioth stated he disagreed. Mayor Grimmer intertained a motion. Councilman McClung made a motion that the city have no boundaries in the appointments of the Planning and Zoning Commission members. Councilman Linn seconded the motion. The motion carried 4 to 1 with Councilmen McClung, Linn, Flaherty. and Binford voting "aye", and with Councilman Korioth voting "nay". Page 331. REPORT ON EXTENSION OF DISTRIBUTION WAY. City Manager Paul West stated this was asked to be brought back to the Council from the last Council meeting concerning an existing County Road in the area. He stated no evidence of a dedicated County Road was found but did find evidence of an old private road, with the evidence showing the road still existing. Mr. West stated the primary reason for recommending the extension of Distribution Way from Denton Drive to I. H. 35E is because of the intention of changing the service roads to one-way along I. H. 35E by the State Highway Department. A recommended plan for the extension of Distribution was presented. Mr. West explained the circulation of traffic from the service road to Denton Drive to get to Distribution Way as it now exists. He stated that the City Administration recommends the Council to authorize to obtain the right-of-way and initiate assessment paving for the extension. He sated the estimated net cost to the city would be $44, 800.00 which the right-of-way cost is approximately $43, 000. 00. After some discussion, Mr. West stated the plan had been revised in order to miss some existing buildings. The wording of the Planning and Zoning Commission's motion was discussed. The time for the need of this extension and the development of the area was discussed. Mr. West was asked by the Council where the money would come from { if the street were extended. Mr. West stated the money would come from Street Bond Fund. After some discussion on spending the money for other streets and names of property owners which could not be identified, Councilman Linn made a motion to table this consideration for future discussion and future study, and during this study the City Administration can find out what property owners are involved in this extension. Councilman Linn stated that with the information the Council has on it, he does not feel justified in making a decision in spending $30, 000.00 or $40, 000.00 for a piece of property. Councilman Binford seconded the motion. The motion carried 4 to 1 with Councilman Linn, Binford, Flaherty and McClung voting "aye", and with Councilman Korioth voting "nay". BID AWARDED FOR SPRINKLER SYSTEM MATERIALS FOR VALLEY VIEW WATER TOWER.GROUNDS. After reviewing all bids, Councilman McClung made a motion to award the bid of $2, 967. 38 to Commercial Turf Irrigation, Inc. for materials for a sprinkling system at the water tower grounds on Valley View Lane as recommended by the City Administration. Councilman Flaherty seconded the motion. Page 332. Councilman Binford asked what was the advantage of a grear driven head over the impulse type head. Park and Recreation Director John Burke explained the difference. Councilman Binford questioned the quality of the toro head. City Manager Paul West stated the toro head has not been used in the State of Texas and the city did not have any information concerning the ability of this type. Mr. Mel Cantebury of Leisure Lawns, Inc, made statements concerning the valves and heads in his quotation. After some discussion, Mayor Grimmer called for a vote.on the motion. The vote Councilmen McClung, Flaherty, and Councilman Linn voting "aye Council- man Korioth voting "nay",and Councilman Binford abstaining. The motion carried. Councilman McClung stated that he appreciated Mr. Canteburyy for coming out in the interest of his bid and invited him to bid on future bids of this type with the city as long as they meet the specifications. The City Manager concurred with Councilman McClung. BID AWARDED FOR PRINTING EQUIPMENT. City Manager Paul West stated the Administration recommended bid on the camera plate system be awarded to Ft. Worth Litho Services. He stated with this equipment it would save the city money and would more than pay for itself in 2 years. Mr. West recommended the bid for an offset press machine be awarded to Stewart Office Supply, the only bid, which allows $382.00 trade-in on our present machine. After reviewing the recommendation, Councilman Binford moved to award the bid for the camera plate system in the amount of $7,451. 25 to Fort Worth Litho Services, Inc. ; and, award the bid for the offset press in the amount of $6, 217. 25 with trade-in of $382. 00 for total of $5, 835. 25 to Stewart Office Supply. Councilman Linn seconded Ahe motion. After clarifying that it was included in the budget under the new department of Staff Services, all voted "aye". SIGN ORDINANCE REVISED. Mr. Phil Stout of Sue Goodwin Realtors, stated he was contacted last week that in compliance with the sign ordinance he had to move his signs back 25' behind the curb. He stated that moving the signs back this far would put them on about the front porch in some areas of the city. Mr. Stout stated that since he was in the realtor business this would be a hindrance to him because the signs could not be easily seen this far back. He suggested a 15' set back and asked the Council their feelings. Councilman Korioth stated this had been called to his attention by Mr. Stout. Councilman Korioth stated he studied this and found a difference of terminology in set back lines in the ordinances. He stated he had asked the City Attorney to prepare an ordinance for consideration to clear this up. Page 333. City Manager Paul West stated the ordinance would make real estate signs be located no closer than 15' to any street curb line and when there is no curb then the sign shall be located no closer than 15' to the edge of the pavement and if there is no curb nor any pavement then the sign shall be located no closer than 15' to the edge of the traveled roadway. He stated this should clear up any questions on the set back lines. After some discussion, a motion by Councilman Korioth, a second by Councilman McClung, all voting "aye", adopted the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH BY AMENDING ARTICLE 3, SIGN REGU'- LA.TIONS, BY AMENDING SECTION 3-38 SUB-PARAGRAPH (5) BY SUBSTITUTING THE PHRASE "TO ANY STREET CURB LINE" FOR THE PHRASE "TO A. STREET RIGHT OF WAY LINE"; PROVIDING A. PENALTY OF FINE NO TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00); PROVIDING THAT ALL OTHER PROVISIONS AND SECTIONS SHALL REMAIN THE SAME UNLESS OTHERWISE AMENDED; AND DECLARING AN EMERGENCY. UPON A MOTION BY COUNCILMAN LINN, A SECOND BY COUNCILMAN KORIOTH, ALL VOTING "AYE", MOVED THE DISCUSSION OF HIRING A CONSULTANT TO ASSIST WITH THE CITY'S WATER RATE ANALYSIS TO THE EXECUTIVE SESSION. THEATRE 34 REQUESTS TEMPORARY BUILDING. Mr. John Pierce of Theatre requested a temporary permit to put up an igloo type building,which has been used at Eastfield College for a period of one year, which is intended to be used by the purpose of putting on performances. The requested location is in Gussie Field Park. Mr. Pierce stated that Theatre 34 has money in the bank but no place to put on performances in the City of Farmers Branch. Mayor Grimmer stated the Council had a recommendation from the City Administration with the following conditions. 1. The exits, aisles and seating shall conform to the Building Code requirements for "places of assembly". 2. The grounds within and adjacent to the tent be cleared of all grass and underbrush, or similar fire hazards. 3. All exits be marked with illuminated exit signs. 4. Fire extinguishers be installed to the satisfaction of the Fire Department. 5. All electrical wiring to be in conduit, as required by the Electrical Code. Page 334. Mr. Pierce described the building as being of fiber glass vinyle construction and tubular structure. Mr. Pierce stated they could meet the conditions. Mr. Pierce questioned the replacing of the grass. The City Manager and the Park and Recreation Director advised that this would be no problem that this condition pertained to the removal of grass or under- brush that might be a fire hazard. After some discussion, a motion by Councilman Binford, a second by Councilman Korioth, all voting "aye", granted the request made by Theatre 34 for a temporary building to be erected on Gussie Field Park for a period of one year subject to the 5 conditions on Page 334 of these minutes. ROSSFORD ROAD EXTENSION DISCUSSED. City Manager Paul West stated the location for the extension of Rossford Road to the south of the present location with its proposed connection with Farmers Branch Lane is the thoroughfare plan for this area that was previously approved by the Council. Mr. West stated the developers in PD5 are requesting the city to give them information concerning the future location of Rossford to guide them in their planning. Mr. West stated this was primarily to designate an exact location. He stated if the city has an exact location then when the developers plat the property the city can obtain the necessary right-of-way. A transparency was displayed and there was a discussion on the location. After more discussion, a motion by Councilman Linn, a second by Council- man Binford, all voting "aye", adopted resolution number 71-077 which designates the exact location for the extension of Rossford Road. TRAFFIC CONES AT JA.NIE STARK SCHOOL DISCUSSED. City Manager explained that this was brought to the Council since the Council set provisions for the school zone for Janie Stark School. Mr. West stated that since the bridges have been built and the children are encourage by the school and the P. T. A.. to use the bridges, the traffic cones are no longer needed. The Council asked if the cones would be used if the bridges were down for some reason. Mr. West stated the cones would be used if needed. After some discussion, a motion by Councilman Korioth, a second by Council- Flaherty, accepted the recommendation of the City Manager to remove the traffic cones that are used in the school zone for Janey Stark School. The motion carried with Councilmen Korioth, Flaherty, McClung and Binford voting "aye". Councilman Linn was out of the room and did not vote. Page 335. POLICY SET FOR NEWSLETTER AND CITY MAILINGS. City Manager Paul West stated that two resolutions had been prepared for consideration recommending the setting of a policy for the newsletter and city mailings. Mr. West stated the resolutions provide that the city will not use the water bill mailing or the newsletter for anything except for communicating about the city government with citizens of the city. After some discussion, a motion by Councilman McClun;, a second by Councilman Flaherty, all voting "ayeadopted resolution number 71-079 and resolution number 71-081 which establishes the policy for the newsletter and city mailings. RELEASE OF LAND FROM DRAINAGE EASEMENT ON COOKS CREEK DISCUSSED. City Manager Paul West stated there was a problem on Cooks Creek, when the property was platted. A large drainage easement was platted and was reserved on the plat rather than being dedicated to the city. He stated upon studying this' easement it was found that all of the easement was not needed for floodway easement. He stated the error was with the Corps of Engineers flood maps. Mr. West stated the developer was contacted and he has given a quit claim instrument to the city. Mr. West stated he was asking the Council to authorize the issuance of releases to the individual property owners involved. The property location was discussed. The property being east of Cooks Creek behind the houses facing Shoredale as shown on the map that was presented to the Council. After some discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", adopted resolution number 71-080 releasing the land from the floodway easement, TRINITY CONCRETE PRODUCTS COMPANY CONTRACT CANCELLED City Manager Paul West explained that the city has fulfilled its obligations under the terms of the contract with Trinity Concrete Products Company and recommended the contract be cancelled. He stated the contract provided that both parties, the city and the property owners, take on different responsibilities on the drainage and paving for developing the property on the Southwest corner of Dallas Parkway and Spring Valley Road, He stated the paving on Dallas Parkway and the installation of drainage, and the paving on Spring Valley completes the responsibilities provided in the contract. He stated it had been requested by the property owner that this contract be cancelled in order to clear the way for them to secure a title so they can sell it. Upon a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", cancelled the contract with Trinity Concrete Products Company as recommended by the City Manager. Page 336. UPON A MOTION BY COUNCILMAN KORIOTH, A. SECOND BY COUNCIL- MAN BINFORD, ALL VOTING "-AYE 'MOVED THE CONSIDERATION FOR AUTHORIZING THE PURCHASE OF RIGHT OF WAY ON SIGMA. ROAD AT APPRAISED VALUE TO THE EXECUTIVE SESSION. ORDINANCE NO. 897 - CONCERNING ABANDONED OR JUNKED VEHICLES AND ORDINANCE NO. 898 REGULATING THE PARKING OF VEHICLES AND REGULATIONS OF ABANDONED VEHICLES DISCUSSED. City Attorney George McDonald explained the difference between the two ordinances, as stated in the caption, which complies with the State Law. Many questions were asked concerning the ordinances. After more discussion, a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", tabled the consideration of Ordinances 897 and 898 so it can be further studied and brought back to the Council at their next meeting. 6 RESOLUTIONS REQUIRED BY H. U. D. City Manager Paul West stated that the resolutions are required by H. U. D. to comply with the OS52 contract and to facilitate reimbursement from H. U. D. Mr. West stated there was a deed restriction on the property which does not allow the selling, transferring, etc. without prior approval of the Secretary of Housing and Development. The resolutions presented are listed below. No. of Resolution Property ` 71-071 Paul Pickett 71-073 Mary Emma Hart 71-072 Joseph F. Mullins 71'-074 Lucy Watson 71-075 Charles H. Fulkerson 71-076 Imogene Durrett After more discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", adopted resolution- numbers7l-071, 71-073, 71-072, 71-074, 71-075, and 71-076 to comply with the requirements by H. U. D. REQUEST FOR SITE PLAN APPROVAL BY OAKBROOK, LTD. LISTED AS ITEM 4 ON THE AGENDA. Mayor Grimmer asked again if anyone was present to represent Oakbrook, Ltd. No one spoke. Upon- a motion by Councilman Korioth, a second by Councilman McClung, all voting "aye", tabled this matter in order that the City Manager may study the Homeowners covenants. CITY MANAGER REPORTS Upon a motion by Councilman McClung, a second by Councilman Flaherty, tabled the item of City Manager's report until the next Council meeting. The motion carried 3 to 2, with Councilmen McClung, Flaherty, and Linn voting "aye", and Councilman Korioth and Binford voting "nay". Page 33 7. EXECUTIVE SESSION CONSULTANT TO ASSIST THE CITY IN A. WATER RATE A.NA.LYSIS. City Manager stated he would like permission to hire Freeze, Nichols, and Endress to assist us in negotiating with the City of Dallas for the water rates. Mr. West stated the contract with the City of Dallas expires this June, 1972. Mr. West stated the charges would be on a per diem basis which would be: Mr. S. W. Freese $250.00 J. R. Nichols, R. L. Nichols, S. G. $175.00 Endress, L. B. Freese, R. S. Gooch, J. P. Jones O. C. Allen, W. L. Eeds, J. B. $125 Mapes, A. H. Ullrich, R. A. Thompson III, W. E. Clement, E. C. Copeland Staff Members Salary Cost Times Multiplier of 2. 0 Other Direct Expense Actual Cost Times Multiplier of 1.15 After a lengthy discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", authorized the-- hiring of Freese Nichols and Endress as consultants to assist with the water rate analysis as recommended by the City Manager. RIGHT OF WAY ON SIGMA ROAD After discussing the appraisers, a motion by Councilman Linn, a second by Councilman McClung, adopted Resolution No. 71-078 authorizing the purchase of right of way on Sigma Road at appraised value. All voted "aye MUNICIPAL PARKING - COUNCILMAN KORIOTH Upon a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", asked the City Manager to look into the possibility, which can be done on revenue bonds, on the P. D. -5 area, taking 1 to 4 acres, cleaning it off, pave it, put parking meters on it; and consulting with Dallas Transit, Grayhound, and Continental to see if they run bus service to this parking area at least once an hour, all day long. Councilman Linn told of his trip with the East Texas Chamber of Commerce and the subject of transportation to Farmers Branch was discussed by interested companies. Councilman Linn agreed with Councilman Korioth. ALTERNATE MEMBER TO THE GREATER DALLAS COUNTY TRAGII-E. a MUNICIPAL. Upon a motion by Councilman McClung, a. second by Councilman Linn, all voting Page 338. "aye", appointed Councilman Korioth to represent the City of Farmers Branch as an alternate member to the Greater Dallas County League of Municipalities Cooperative Study Committee. APPOINTMENTS TO PARK AND RECREATION BOARD. After some consideration, a motion by Councilman Linn, a second by Council man Flaherty, all voting "aye", accepted the resignation of Peggy Fournier and Chuck McClain who had served on the Park and Recreation Board, and a certificate of appreciation be issued to them for their service; and, appointed Barbara Brown and Neil Sperry and reappointed Quinton Johnson, Lorraine Ska.mfer, Kenneth Baxter and Charles Forsee to serve on the Board. Other Discussions The Council expressed a desire that the Administration contact Mr. Basil Weaver and see if he would be interested to serve on the Board of Adjustment. ADJOURNMENT. Upon a motion by Councilman Binford, a second by Councilman McClung, all voting "aye", adjourned the City Council meeting of October 18, 1971 at 12:35 A. M. z~- Mayor George i.mmer Cr. A s^~76 City retary Page 339.