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1974-04-01 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING April 1, 1974 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro Tern W. R. Linn Councilmen: Ray Flaherty Bill McClung Ken Quevreaux Bill Binford 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 A. Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of April I, 1974 to order at 7:30 P.M.. AGENDA ITEM NO. I. - INVOCATION Mayor Pro Tern W. R. Linn gave the invocation. DECLARI'N'G- AN- EMERGENCY After some discussion, a motion by Councilman Quevreaux, a second by Council- man McClung, all voting "aye", declare an emergency and placed on the agenda the following: As Agenda 18.A. - Consider Authorizing the Advertisement For Bids For Trucks; and, As Agenda 18. B. - Consider Authorizing the City Administratiory Under Emergency Bid Procedures, To Purchase Two Trucks And To Cancel An Order For A Ford Truck And Shu-Pak Body. AGENDA ITEM NO. 2. - APPROVAL OF MINUTES - March 18, 1974. Upon a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", approved the minutes of the City Council meeting of March 18, 1974 as submitted. AGENDA ITEM NO. 3. - PRESENTATION TO CITY COUNCIL. REQUESTED BY JOHN HELMS. Mr. Join Helms, 13547 Rawhide Parkway, a citizen of Farmers Branch, Mr. Larry Craddocks, Vice President of Thermalloy Company and Mr. Neal Rousch, President of Unique Sports, presented to the City Council members, a product of a pressurizable can for tennis balls. Mr. Helms stated that this product is created in Farmers Branch, manufactured in Farmers Branch and distributed in Farmers Branch. Page 831. AGENDA ITEM NO. 4. - PRESENTATION OF DONATION TO THE CITY OF FARMERS BRANCH FROM THE HILCO CORPORATION FOR IMPROVEMENTS TO KERR PARK. Mr. Gordon Brown, Property Manager for Hilco Management, presented a check in the amount of $90.00 to the City for purchase of either a piece of playground equipment or trees for Kerr Park. Hilco Management owns and operates London Square and London Place Apartments in Farmers Branch, which are located near Kerr Park. The Council thanked Mr. Brown for the donation. A motion by Councilman Binford, a second by Councilman Linn, all voting "aye", accepted the donation from the Hilco Management Corporation. AGENDA ITEM NO. 5. - PRESENTATION OF MERITORIOUS CITIZEN AWARDS. Mayor Grimmer explained how Mr. William Davis and Mr. Mohammad Amjad discovered a fire in an apartment and saved the life of Mr. Bell in that apartment on March 91 1974. Upon a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", authorized that Mr. Davis and Mr. Amjad be presented Meritorious Citizens' awards. Mayor Grimmer presented plaques to Mr. Davis and Mr. Amjad for their quick thinking and courage. AGENDA ITEM NO. 6. - PRESENTATION OF 10 YEAR SERVICE AWARD. Mayor Grimmer presented a 0 year service award to Major Harold Ward of the Police Department for his employment with the city. AGENDA ITEM NO. 7. - CONSIDER RESOLUTION NO. 74-013 OPPOSING THE REMOVING OF MUNICIPAL BONDS FROM THEIR TAX EXEMPT STATUS. REQUESTED BY COUNCILMAN BINFORD. Councilman Binford spoke in concern of legislation proposed and pending before the Congress in Washington that would propose to remove the tax exempt status from Municipal Bonds. Councilman Binford stated that this proposed legislation has in its provision, potential off-setting affects,in that if the interest rate on bonds should go up that the cities would be subsidized by the Federal Government in the amount equal to the increase in the interest rate. He stated that this would then come under Federal control . He stated that he feels that anytime the interest rates on municipal bonds go up, it is going to cost every citizen in Farmers Branch additional tax money to meet the higher interest rates on the city's bonds. Councilman Binford made a motion to adopt Resolution No. 74-013 that opposes the passage of legislation that would remove the tax exempt status from Municipal Bonds; and that the resolution be sent to the elective representatives representing the people of Farmers Branch in Washington. Councilman Flaherty seconded the motion. The motion carried 4 to I with Councilmen Binford, Flaherty, McClung and Linn voting "aye", and with Councilman Quevreaux voting "nay". Page 832. AGENDA ITEM NO. 8. - CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED AT 2532 VALLEY VIEW LANE. REQUESTED BY BOB MAYFIELD. Mayor Grimmer gave the following information: Mr. Bob Mayfield is the operator of a fruit stand at 2532 Valley View Lane. The property is located within the Planned Development Area No. 5, zoning district. There is an existing building on the property approximately twenty feet wide by eighty feet long. Mr. Mayfield would like to add an awning to the front of the existing building. The awning would extend approximately ten feet in front of the existing building. The awning will be of aluminum construction on metal poles. The Planned Development zoning requires that a Site Plan be approved before a building permit can be issued. Mr. Mayfield has submitted a Site Plan for Council approval . Mayor Grimmer stated that the Planning and Zoning Commission recommended that the Site Plan be approved. Mr. Bob Mayfield was present and requested approval from the Council on his Site Plan request. There was no one present to speak in opposition of the request. After some discussion that advertising signs would be placed on the front of the awning, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", approved the Site Plan for property located at 2532 Valley View Lane requested by Mr. Bob Mayfield, as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. 9. - CONSIDER REQUEST FOR VARIANCE FROM THE FENCE REQUIREMENTS OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH. REQUESTED BY MR. JOE HOLLINGSWORTH, 13455 RAWHIDE. Mr. Joe Hollingsworth, 13455 Rawhide Parkway, presented a request for approval to construct a fence that would enclose a swimming pool and extend beyond the required building line. The property is located at the northeast corner of Rawhide Parkway and Janwood Lane. There is a required side yard building line of 30' along Janwood Lane. Mr. Hollingsworth would like to construct a swimming pool at the rear and side of his house. The pool would extend beyond the required 30' building line . Mr. Hollingsworth appeared before the Zoning Board of Adjustment on March 26, 1974, and received a variance from the Zoning Ordinance that would allow the swimming pool to be con- structed in front of the required building line. The fence proposed to enclose the pool would be a 6' wood stockade fence. The fence proposed would extend beyond the required building line, therefore, Mr. Hollingsworth is requesting a variance from Section 8-40 of the City's Code of Ordinances so that he may be allowed to construct a 6' wood stockade fence in front of the required 30' building line along Janwood Lane. Mr. Hollingsworth presented a sketch showing the proposed fence and discussed the set back lines of the fence from the property line. Page 833. After some discussion, a motion by Councilman Quevreaux, a second by Council- man Binford, all voting "aye", granted a variance from Section 8-40 of the City's Code of Ordinances to allow a fence to be constructed at 13455 Rawhide Parkway in front of the required building line along Janwood Lane. AGENDA ITEM NO. 10. - CONSIDER REQUEST TO ERECT SPECIAL EVENT SIGNS. REQUESTED BY THE DALLAS CHRISTIAN COLLEGE. Mr. Melvin Newland, President of Dallas Christian College, stated that in a letter to the city the College requested permission to erect a special event sign on the northeast corner of intersection of Ford Road and L. B. J. Freeway being 4' x 8' in size. He stated that the sign would be a directional sign with the words "Dallas Christian College" and an arrow pointing down Ford Road toward the College. He stated that the College has events scheduled for April and May of 1974 and people have had difficulty locating the College. Mr. Newland stated that since their original request by letter, they have talked with representatives of Metro Square who own the property were the proposed sign would be erected. He stated that Metro Square representatives suggested the College use the posts of Metro Square's sign by attaching a 2' x 10' sign at the bottom of the existing sign. Therefore, Mr. Newland requested to change the request made in the letter to that of the suggestion of Metro Square representatives. There was discussion on the limit of time the signed was to be erected. Mr. Newland told of the need of a permanent directional sign for the College.- There was discussion of the City receiving written permission from Baldwin and Harris, owners of Metro Square, for the erection of the College identity sign. It was discussed that request for the sign erection should be for a certain length of time and after this period of time a request for an extension could be considered. After more discussion, a motion by Councilman Binford, a second by Councilman McClung, all voting "aye", granted the request of Dallas Christian College to erect a 2' x 10' directional sign at the bottom of the existing Metro Square sign on the northeast corner of L. B. J. Freeway and Ford Road for the period of six (6) months, date to be October 1, 1974; contingent upon receiving written permission from Baldwin and Harris, the property owners. AGENDA ITEM NO. II . - CONSIDER REQUEST TO ERECT SPECIAL EVENT SIGNS. REQUESTED BY THE UNITED METHODIST WOMEN OF CHRIST UNITED METHODIST CHURCH. Mayor Grimmer gave the following information: Permission to erect five (5) signs on the church property at 2807 Valwood Parkway has been requested for the period beginning April 25, 1974 thru April 26, 1974. The signs will be used to advertise a Rummage Sale conducted on the property. The signs are to be 30" x 40" in size. Three signs would be placed on the church property facing Valwood Parkway, and two signs would be placed on the church property facing Dennis Lane. Mrs. H. W. Jones from Christ United Method Church was present in support of the request. Page 834. and brush would be run through a chipper and be used in the compost operation also. Mr. West stated that the trees and large limbs could be cut into fireplace wood lengths and then auctioned off for firewood. Mr. West stated that the program would depend on the citizens bringing the recyclable materials to the sanitary landfill. Mr. West requested permission to start a Resource Recovery Center to be set up at the sanitary landfill site. There was discussion of the Council being kept informed about the financial status of the recovery program. After more discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", authorized the City Manager to begin operation of a Resource Recover Center in Farmers Branch. AGENDA ITEM NO. 15. - CONSIDER INSTITUTING A CHANGE IN THE ZONING CLASSIFICATION OF THE AREAS ALONG L. B. J. FREEWAY EXTENSION, AND THE AREAS ON EACH SIDE OF INTERSTATE 35E, DIRECTLY NORTH OF THE CITY LIMIT LINE, AND SOUTH OF VALLEY VIEW LANE. Mayor Grimmer stated that the City Council had requested the Planning and Zoning Commission to consider, and make recommendations to the Council, whether or not a change in the zoning classification of the areas described in this caption, should be considered. He stated that the Planning and Zoning Commission recommends thato change in the zoning classification of the areas in question should be considered. After some discussion, a motion by Councilman Binford, a second by Councilman Flaherty, all voting "aye", directed that Public Hearings be called to consider amending the Comprehensive Zoning Ordinance from a current zoning of Light Industrial to a zoning of Planned Development District allowing Light Industrial uses, and any other district which is more restricted by reason of use and height on the areas indicated in the above caption. AGENDA ITEM NO. 16. - CONSIDER RESOLUTION NO. 74-008 INITIATING IMPROVEMENTS ON PORTION OF INWOOD ROAD AND THE INTERSECTION OF ALPHA ROAD AND INWOOD ROAD. City Manager Pau West stated that the presented Resolution No. 74-008, initiating improvements on portion of Inwood Road from Spring Valley to the north city limit line, and the intersection of Alpha Road and Inwood Road, is a necessary part of the assessment paving procedure prescribed by State law. This project is for the concrete paving of two twelve-foot lanes in each direction divided by fourteen foot median on Inwood Road from Spring Valley Road to the north city limit line. It also includes the intersection of Alpha Road and Inwood Road. After some discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", adopted Resolution No. 74-008 that declares a necessity for the widening and improving of Inwood Road and the intersection of Alpha Road and Inwood Road. Page 835. AGENDA ITEM NO. 17. - CONSIDER APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS ON PORTION OF INWOOD ROAD AND THE INTERSECTION OF ALPHA ROAD AND INWOOD ROAD. City Manager Paul West stated that plans and specifications have been prepared for the concrete paving of two twelve-foot lanes in each direction divided by fourteen foot median on Inwood Road from Spring Valley Road to the north city limit line, and for the intersection of Alpha Road and Inwood Road. Mr. West recommended the adoption of Resolution No. 74-009 that approves the plans and specifications; that authorizes the advertisement for bids; and, that directs the City Engineer to prepare rolls and estimates, which is a part of a procedure required for paving assessment. After some discussion, a motion by Councilman Flaherty, a second by Councilman Binford, all voting "aye", adopted Resolution No. 74-009 as described by the City Manager. AGENDA ITEM NO. 18. - CONSIDER RESOLUTION NO. 74-012 AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT WITH TEXAS HIGHWAY DEPARTMENT FOR ADJUSTMENT OF SANITARY SEWER ON STATE HIGHWAY 635. City Manager Paul West gave the following information: The Texas Highway Department has requested adjustment of utilities within the right-of-way of L. B. J. Freeway between I. H. 35E and Luna Road. It is necessary to adjust a portion of the 30" sanitary sewer north of Forest Lane. This cost w i l l be reimbursed to the city by the State. Mr. West recommended to be authorized to execute a contract entering into a Utility Joint Use Agreement with the Texas Highway Department providing for the adjustment and the reimbursement of the cost. After some discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", adopted Resolution No. 74-012 that authorizes the City Manager to executive a Utility Joint Use Agreement with the Texas Highway Department. AGENDA ITEM NO. 18.A. -CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR TRUCKS. City Manager Pau West told of the difficulty the city is having in getting trucks. He explained that the trucks that were ordered last July and August of 1973, have not been received by the city. He stated that from what Ford Motor Company says the trucks should be delivered sometime in August, 1974. Mr. West stated that Ford Motor Company representatives told the Administration that if the city expects to 'buy trucks for delivery in 1975, orders should be placed immediately or at least in the next few weeks, otherwise, they anticipate the delivery to be in 1976. Mr. West stated that the Administration doesn't like to request permission to advertise for bids for trucks prior to the preparation of the next budget, but there appears to be no alternative. Page 836. After some discussion, a motion by Councilman McClung, a second by Council- man Quevreaux, all voting "aye", granted permission to the Christ United Methodist Church for the erection of the special event signs provided that the signs be located so they will not create a traffic hazard. AGENDA ITEM NO. 12. - CONSIDER REQUEST FOR CIVIC AND PHILANTHROPIC USE TO ALLOW CONCESSION STAND AT COX PARK. REQUESTED BY THE FARMERS BRANCH NORTH ZONE LITTLE LEAGUE ORGANIZATION. Mr. Clay Atkins, President of the Farmers Branch North Zone Little League organization, requested permission to place a metal concession stand at Cox Park from April 22, 1974 until July b, 1974. He stated they would like to place the stand between the two unlighted ball diamonds in Cox Park. He stated that the stand is a portable Dir. Pepper stand on wheels but would remain in one place and not be moved around. After some discussion, a motion by Councilman Binford, a second by Councilman Linn, all voting "aye", adopted Resolution No. 74-010 that authorizes the placement of a concession stand at Cox Park as requested by the Farmers Branch North Zone Little League organization; and, that requires the building to meet all building, electrical and health codes. AGENDA ITEM NO. 13. - CONSIDER REQUEST FOR CIVIC AND PHILANTHROPIC USE TO ALLOW CONCESSION STAND AT COX PARK. REQUESTED BY THE FARMERS BRANCH SOUTH ZONE LITTLE LEAGUE ORGANIZATION. Mayor Grimmer gave the following information: The Farmers Branch South Zone Little League organization would like to place a concession stand at Cox Park on the concrete slab, just west of the tennis courts. They would like to use this stand from April 22, 1974, until June 28, 1974. This building would be required to meet all building, electrical and health codes. There was no one present from the Farmers Branch South Zone Little League organization. After some discussion, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", adopted Resolution No. 74-011 that authorizes the placement of a concession stand at Cox Park as requested by the Farmers Branch South Zone Little League organization; and, that requires the building to meet all building, electrical and health codes. AGENDA ITEM NO. 14. - CONSIDER AUTHORIZING THE CITY MANAGER TO ESTABLISH A RESOURCE RECOVERY CENTER. City Manager Paul West told of the success the city is having with the newspaper collecting for recycling program. He stated that the city has had requests from the citizens for means of recovering other recyclable materials. He stated that the City Administration has investigated ways in which to recover other recyclable materials, such as glass, aluminum cans, grass and plant clippings, and, trees and large limbs. He stated that with the collection of glass, containers could be placed at the landfill. He stated that with the collection of aluminum cans, an area company had been contacted and said they would set up a trailer for the cans for collection,and would pay the city for them. Mr. West stated that the Administration proposes to build a compost operation where grass clippings and tree leaves would be collected and later used on the lawns and parks in the city. He stated that branches Page 834. A . Mr. West stated that the Administration feels there is a definite need for two truck this next year. One of those will be a front-end loading garbage truck for commercial use, and the other would be a bob-tail truck for the Street Division which would be used as a patching truck. Mr. West requested permission to advertise for bids for these two trucks to be used in the next fiscal year. After some discussion, a motion by Councilman Binford, a second by Councilman Linn, all voting "aye", authorized the Administration to advertise for bids for a front-end loader and packer mounted on a truck chasis for the Sanitation Division and a truck for the Street Division. AGENDA ITEM NO. 18.B.-CONSIDER AUTHORIZING THE CITY ADMINISTRATION, UNDER EMERGENCY BID PROCEDURES, TO PURCHASE TWO TRUCKS AND TO CANCEL AN ORDER FOR A FORD TRUCK AND SHU-PAK BODY. City Manager Pau West explained that the city has two truck chasis on order from Metro Ford, one was ordered on July 17, 1973, and the second truck was ordered on August 17, 1973. Both of these trucks are to be equipped with Shu-Pak side loading refuse bodies. These chasis have been scheduled to be built several times since the order was placed but they have been moved back to later dates each time they were scheduled. They are now scheduled to be built the latter part of April, 1974. If they are built at this time, it will take up to six weeks for delivery and another seven weeks for the body to be installed. This would mean the delivery would be in August, 1974. Mr. West stated that Maxom Industries, the builder of the Shu-Pak body, have two trucks now available which are sitting on their lot in Detroit. He stated that if the city could purchase these trucks the city could have them in operation within two weeks. He stated that representatives from Maxom Industries promised to hold these trucks until tomorrow morning, waiting to see if the Council gives permission to purchase them. Mr. West gave the following information: The maintenance on the trucks the Administration wants to replace is running approximately $5,000.00 per month. This could create a possible total maintenance cost of $20,000.00 to keep the present trucks in operation. The total cost for the two trucks on order is $55,465.34. The cost of the trucks in Detroit is $63,000.00. This means a difference of $7,534.66. This would mean a possible savings of $12,465.66 in maintenance cost if the present sanitation trucks are replaced now. The trucks which are available are 1974 Chevrolets and will perform to the city's standards. In addition, the city is in need of one more side-loading refuse truck. By cancelling one of the orders from Metro Ford and Goode, Inc. for the Ford truck and Shu-Pac body, the city would not have to go through bids and advertise for an additional truck. Mr. West stated that the Administration recommends that the city purchase the two 1974 Chevrolet trucks from Maxom Industries and cancel one of the contracts with Metro Ford and Good, Inc. and leave the other truck on order with Metro Ford and Good, Inc. Page 837. Councilman Linn asked if there would be any legal ramifications in the cancelling of one of the orders on the trucks. City Attorney Doug McCallon stated that the companies have agreed to this, and there would be no legal problems. Councilman Linn made a motion to authorize the City Administration to cancel one of the contracts with Metro Ford and Good, Inc. for a Ford chasis and Shu-Pak body. Councilman Quevreaux seconded the motion. Councilman McClung questioned whether or not it would be economically feasible for the city to cancel the order on the truck, since it was purchased on last August prices. He asked if the city would need this truck later on. City Manager Paul West stated that the only way the city would be able to use the truck would be for a back-up truck when another truck breaks down. Councilman Quevreaux objected to buying a truck that may not be needed. City Manager Paul West suggested that a decision on cancelling the truck order be tabled at this time in order to give the Administration more time to study and review this for more data and information to give to the Council. Councilman Linn withdrew his motion for further consideration from the Administration. Councilman McClung moved that in order to preserve the property of the city and to prevent further damage to public property, machinery, and equipment, the City Administration is hereby Authorized to purchase two 1974 Chevrolet Shu-Pak trucks from Maxom Industries for $63, 000. 00. Councilman Quevreaux seconded the motion. All voted "aye". 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 in Article 6252-17, Section 2. (f) of the open meeting law that went into effect on January 1, 1974, certain conditions, as land acquisitions, are provided for discussion in closed sessions. The Council will open back into general session if action is needed to be taken on items of discussion in the executive session. AGENDA ITEM NO. 19. - EXECUTIVE SESSION. a. Discuss Land Acquisition - Article 6252-17, Section 2. (f) The Council discussed the acquisition of right-of-way needed for the widening of Rossford Street from the Carl Montgomery property. THE MEETING WAS OPENED BACK INTO GENERAL SESSION Page 838. Councilman Linn made a motion to authorize the City to return $200.00 back taxes to Mr. Carl Montgomery on the 40' x 200' tract of land. Councilman McClung seconded the motion. The motion carried 4 to I, with Councilmen Linn, McClung, Flaherty and Binford voting "aye", and with Councilman Quevreaux voting "nay". Councilman Linn made a motion to offer $1.25 per sq. ft. for a 25' x 40' section to Mr. Carl Montgomery , and if not accepted, authorized condemnation proceedings. Councilman Flaherty seconded the motion. All voted "aye". AGENDA ITEM NO. 20. - ADJOURNMENT. Upon a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", adjourned the City Council meeting of April I, 1974 at 8:55 P.M. . r Mayo Ge ge . Gri mer tom, . ZF C i tYS4retary J. W. Wade 1 Page 839.