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1974-01-21 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING January 21, 1974 Members of the City Council present were: Mayor George G. Grimmer Mayor Pro Tem W. R. Linn Councilmen: Bill McClung Ken Quevreaux Bill Binford Member of the City Council absent was: Councilman: Ray Flaherty The City Council recognized and excused the absence of Councilman Flaherty because of a business matter. Members of the City Administration present were: City Manager Paul M. West City Attorney Doug McCallon City Secretary J. W. Wade Director of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of January 21, 1974 to order at 7:30 P.M. . AGENDA ITEM NO. 1. - INVOCATION Mayor Pro Tem W. R. Linn gave the invocation. DECLARING AN EMERGENCY After some consideration, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", declared an emergency and placed on the Agenda as Item 7. A. - Consider Authorizing the Advertisement for Bids for Water Pipe for Maintenance for One Year, and, Item 7. B. - Consider Authorizing the City to Participate in Expenses for a Representative of Small Cities at the Texas Constitution Convention. AGENDA ITEM NO. 2. - APPROVAL OF MINUTES - January 7, 1974. After some consideration, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", approved the minutes of the City Council meeting of January 7, 1974 as submitted. Page 789. AGENDA ITEM NO. 3. - CONSIDER REQUEST FOR VARIANCE FROM THE FENCE ORDINANCE. REQUESTED BY JAMES TRAIL, JP,-,, 13929 LILLARD LANE. Mr. James Trail, Jr. , 13929 Lillard Lane, presented a request for a variance from Section 8-39 of the City of Farmers Branch Code of Ordinance which states that no fence shall be constructed or maintained within the front yard. Mr. Trail requested permission to construct a 6' high wooden fence along his property. He explained that his house faces Lillard Lane on the corner of Janwood Lane. The proposed fence would be located some forty-five feet from the street on Lillard Lane, and would be located some twelve feet off of Janwood Lane. There was discussion of the house being on the corner and the requirement of a 30' building line on both Lillard Lane and Janwood Lane. Mr. Trail stated that he would like to construct the fence so that he may have privacy and full enjoyment of his property. He stated he plans to landscape outside the fence along Janwood Lane. After more discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", approved the request of Mr. Trail as was presented. AGENDA ITEM NO. 4. - DISCUSS DRAINAGE FACILITIES ON LAS CAMPANAS DRIVE. City Manager Paul West explained that in front of 2928 Las Campanas there exists a drainage problem. The drainage structures which were built during the construction of the development are inadequate to handle the run-off in that area. Mr. West stated that the Administration would like authorization to rebuild those inlets on Las Campanas and lay a larger pipe which would connect into the inlet on Valley View Lane. He stated that the injunction box on Valley View Lane would be rebuilt. He stated that this would be constructed by city forces using city equipment and salvaged materials. Mr. West stated that the adjoining property owners have signed Hold Harmless and Construction Easement agreements. After more discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", authorized the City Administration to proceed with the work for the improvements to the drainage facilities on Las Campanas as explained by the City Manager. AGENDA ITEM NO. 5. - CONSIDER ORDINANCE NO. 991 AMENDING THE ELECTRICAL ORDINANCE. City Manager Paul West reported that beginning January 1, 1974, the National Electrical Code required that all 15- and 20-ampere receptacle Page 790. outlets where located on temporary poles or other power used for con- struction purposes have an approved ground-fault circuit protection device. The purpose of this was to protect construction personnel from electrical shocks. It has been found not only in Farmers Branch but in cities throughout the area, that the ground-fault circuit breakers were extremely sensitive and interrupted the electrical power for the slightest ground-fault currents. Although other cities have not removed this paragraph from their codes, the electrical inspectors have agreed not to enforce this provision. It would be to the City's advantage to delete this section from our Electrical Code until a practical solution for ground-fault current protection can be worked out. Mr. West presented Ordinance No. 991 for consideration that wolltd amend the rules and regulations of the 1971 Edition of the National Electrical Code by deleting ground-fault circuit protection for 15-and 20-ampere receptacle outlets on single phase circuits for construction sites. Mr. West stated that this had been recommended by the Electrical Board. Mr. Floyd Brown, 13823 Braemar Drive, agreed that this should be removed from the Code. Mr. Brown told of an extra sensitive circuit breaker that can be installed for kitchens and bathrooms for protection. After more discussion, a motion by Councilman Linn, a second by Council- man Quevreaux, all voting "aye", adopted the following captioned Ordi- nance No. 991: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE REGULATIONS AND RULES OF THE 1971 EDITION OF THE NATIONAL ELECTRICAL CODE AS HERETOFORE ADOPTED BY SECTION 11-2 OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, TEXAS, BY AMENDING SECTION 210-7, GROUNDING-TYPE RECEPTACLES AND PRO- TECTION; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 6. -CONSIDER ORDINANCE NO. 992 ABANDONING A_ PORTION OF KEENAN BRIDGE ROAD, y City Manager Paul West stated that on August 20, 1973, the City Council passed a motion authorizing Branch Properties, Inc. to proceed with their development of Valley View No. 5, in which a 60 foot right-of-way for Valley Branch Lane would be dedicated in line with the approved Thoroughfare Plan and the abandonment of Keenan Bridge Road from Branch View Lane west to the east right-of-way line of the Chicago, Rock Island and Pacific Railroad and the portion of street from the south right-of-way line to the north right-of-way line of Valley View Lane. Mr. West stated that Ordinance No. 992 is necessary to be adopted in order for the plans to become effective. Mr. West stated that it was the recommendation of the City Administration that Ordinance No. 992 be adopted, abandoning that portion of Keenan Bridge Road but maintaining utility easements within the location. Page 791. After a brief discussion, a motion by Councilman Binford, a second by Council- man Quevreaux, all voting "aye", adopted the following captioned Ordinance No. 992: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ABANDONING A PORTION OF KEENAN BRIDGE ROAD WHICH IS NO LONGER NEEDED OR NECESSARY FOR PUBLIC STREET PURPOSES, BUT RESERVING AN EASEMENT FOR ALL PUBLIC UTILITY COMPANIES AND PUBLIC UTILITY USES; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN FAVOR OF THE OWNER OF THE ABUTTING PROPERTY; PROVIDING THAT SUCH ABANDONMENT SHALL BE INSOFAR AS APPLICABLE TO THE PUBLIC RIGHT, TITLE AND INTEREST IN SUCH ROADWAY FOR STREET PURPOSES ONLY; PROVIDING THAT SUCH ABANDONMENT SHALL NOT IN ANY WAY AFFECT THE RIGHT OF ANY PUBLIC UTILITY LOCATED IN SUCH ROADWAY; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 7. - CONSIDER RESOLUTION NO. 74-002 AUTHORIZING THE ATTORNEY GENERAL TO REPRESENT THE CITY IN PRICE FIXING SUIT AGAINST REINFORCED STEEL BAR SUPPLIERS. City Manager reported that the Attorney General notified the City of Farmers Branch after investigating that certain manufacturers and distributors of steel products have conspired to illegally fix prices for those products, some of which the City of Farmers Branch has purchased through contracts. He explained that the State Law mandatorily requires the Attorney General to represent public bodies, such as the city, in suits involving these matters, unless the Council notifies the Attorney General that the city does not want the Attorney General to represent the city. Mr. West stated that Resolution No. 74-002 presented allows the City Manager to sign the authorization to allow the Attorney General to represent the City of Farmers Branch in this suit. After some discussion, a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", adopted Resolution No. 74-002, authorizing the City Manager to execute all papers necessary to aid and allow the Attorney General to represent the City of Farmers Branch in the illegal price fixing suit against reinforced steel bar suppliers. AGENDA ITEM NO. 7.A. -CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR WATER PIPE FOR MAINTENANCE FOR ONE YEAR. City Manager Paul West stated due to the recent increases in cast iron water pipe prices, the City Administration recommends authorization to advertise for bids for one year's supply of pipe. He stated the estimated cost to be about $3,200.00. The pipe would be various sizes of 4" thru 12". Mr. Bob Hock 12311 Wood Manor Circle, inquired about using. the new plastic pipe. Mr. West stated that the city is looking at the possibility of using plastic pipe for trial in the sewer system. He said as of this time that the plastic pipe has not been approved by the American Water Works Association or by the Texas Insurance Board. Page 792. After more discussion, a motion by Councilman McClung, a second by Council- man Linn, all voting "aye", authorized the City Administration to advertise for bids for water pipe for one year. AGENDA ITEM NO. 7.B.-CONSIDER AUTHORIZING THE CITY TO PARTICIPATE IN EXPENSES FOR A REPRESENTATIVE OF SMALL CITIES AT THE TEXAS CONSTI- TUTION CONVENTION. Mayor Grimmer stated that a number of the Mayors in Dallas County municipalities and some smaller cities had a meeting and decided to have a paid representative in Austin to keep them advised of the actions by the various legislative committees. He stated that he did not attend the meeting. He stated that those at the meeting agreed to pay a pro rata share for the expenses of a representative. He stated there is to be another meeting on January 30, 1974. He stated this was brought to the Council to see if the City of Farmers Branch wished to participate. There was discussion that the Texas Municipal League and Representative Korioth would advise the city if matters came up affecting the city. There was discussion of not having enough information concerning this matter. After more discussion, a motion by Councilman McClung, a second by Council- man Quevreaux, all voting "aye", tabled this consideration until the Council received further firm information. AGENDA ITEM NO. 8. - CITY MANAGER REPORTS. City Manager Paul West gave a report on the various happenings and projects of the various departments within the city. Councilman Binford made a motion to accept the City Manager's report. Councilman Quevreaux seconded the motion and all voted "aye". OTHER COMMENTS. Mr. Bob Hoc4 2311 Wood Manor Circle , stated that he had picked up a petition to file for the Council. He spoke in concern of planning for the future, especially plans for future parks and open green areas along the creeks. Mr. Floyd Brown, 13823 Braemar Drive, spoke in concern of the appearance in the development along Branch View Lane. City Manager Paul West stated that the Planning and Zoning Commission is considering new standards for the Light Industrial districts which includes beautification and open space around the buildings. Mr. Hoch made statements in concern for the planning of this industrial development. Mr. Basil Weaver, member of the Planning and Zoning Commission, stated that the Commission has been working since July for improving the standards for the Light Industry districts. Mr. Basil Weaver, living behind Skaggs Albertson, complained of the noise of the delivery trucks and carts at Skaggs Albertson at 2:00 A.M. o'clock. Page 793. MAYOR GRIMMER ANNOUNCED THAT ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED, AND THERE IS AN ITEM FOR DISCUSSION IN EXECUTIVE SESSION. MAYOR GRIMMER EXPLAINED THAT UNDER SECTION 2. (f) OF THE NEW OPEN MEETING LAW THAT WENT INTO EFFECT JANUARY IST, CERTAIN CONDITIONS AS LAND ACQUISITIONS ARE PRO- VIDED FOR DISCUSSION IN CLOSED SESSIONS. AGENDA ITEM NO. 9. - EXECUTIVE SESSION. Discuss Land Acquisitions The Council discussed the settlement of the Stovall condemnation case. The Council discussed purchasing Velia Ferrell's property in addition to right- of-way for the extension of Rossford Street. The property contains 1. 172 acres. The Council discussed the Commissioner's award of $1,250.00 for the Bill Lewis property needed for the widening of Valley View Lane between Webb Chapel Road and Templeton Trail. THE MEETING WAS OPENED BACK INTO GENERAL SESSION. Councilman Linn made a motion to authorize the City Administration to settle the Stovall case in the amount of $17,500.00 plus no assessment. Councilman McClung seconded the motion. The motion carried 3 to I with Councilmen Linn, McClung, and Binford voting "aye", and with Councilman Quevreaux voting "nay". Councilman Linn made a motion to authorize the City Administration to purchase the Velia Ferrell property at $1.25 per sq. ft. and no additional for improvements. Councilman Quevreaux seconded the motion and all voted "aye". Councilman Binford made a motion to authorize, the City Administration to place $1,250.00 into the Court Registry for the Bill Lewis property. Councilman McClung seconded the motion and all voted "aye". City Manager Paul West gave an up to date report on the water rate suit with the City of Dallas. City Attorney Doug McCallon gave an up to date report on the Moore and Adler law suit. City Attorney Doug McCallon gave an up to date report on the Fite vs.. Shahan law suit. AGENDA ITEM NO. 10. -ADJOURNMENT. Upon a motion by Councilman Quevreaux, a second by Councilman McClung, all voting "aye", adjourned the City Council meeting of January 21, 1974 at 9:08 P.M. . r May ,6r eorge C~. pvy'tmmer J. W. Wade, City Sec e ry Page 794.