Loading...
1973-07-02 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING July 2, 1973 Members of the City Council present were: M ayor George G. Grimmer Mayor Pro Tem W. R. Li nn C ounci I m en: Ray Flaherty Bi I I McClung Bi I I Bi of ord Councilman Q uevr eaux was absent because of being out of town on business and this was recognized as an excused absence. Members of the Administration present were: C i t y Manager Paul M. West City Attorney Doug M cC a I I on C i t y Secretary J. W. Wade Manager of Staff Services G I enn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of July 2, 1973 to order at 7:30 P.M. . AGENDA ITEM NO. 1. - INVOCATION Maya Pro Tem W . R. Li nn gave t e i nvocat i on. AGENDA ITEM NO. 2. - APPROVAL OF MINUTES OF JUNE 18, 1973. After some consideration, a motion by Councilman McClung, a second by Councilman Bi of ord, all voting "aye"', approved the minutes as submitted of the City Council meeting of June 18, 1973. AGENDA ITEM NO. 3. --PRESENTATION OF SERVICE AWARDS. a. Mayor Grimmer presented to Ruth Ann Parish of the City Manager's office a five year service award for her employment with the city. b. Mayor Grimmer presented to Officer Muriel E. Henry of the Police Department a five year service award for his employment with the city. c. Mayor Grimmer presented to Captain Rudolph M. Tum m i nel I o of the Fire Department a ten year service award for his employment with the city. Page 660. AGENDA ITEM NO. 4. - CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED TO THE SOUTH OF MEADOW G R N DRIVE, EAST OF JO SEY LANE IN THE 3300 BLOCK OF JO SEY LANE. REQUESTED BY RICHARD HOLMES. Mr. Richard Holmes, a builder, presented a request for a site plan approval for an approximate 4,000 s q. f t . , one story in height, office building to be I ocat ed on Jos ey Lane beh i nd W or d' s D r ug St or e. INFORMATION: The site plan shows that the building is proposed to be located one foot north of the south property line. There is a water service line along the south property line that serves the existing Ward's Drug Store building. If the proposed building is constructed as located on the site plan, maintenance of the service line would not be possible. The Planning and Zoning Commission recommends that the site plan be approved subject to the water service line problem being worked out by Mr. Holmes with Ward's Drug Store. There was a discussion on the recommendation of the Planning and Zoning Commission. Mr. Holmes stated that he had not been able to get in touch with the representative from Ward's Drug to work out the problem of the water service line. He stated t !prat if it was necessary he will , at his expense, relocate the service line. Mr. Holmes described the structure of the proposed building. There was a discussion of whether or not Mr. Holmes had the landscaping plans and building elevations on the proposal . Mr. Holmes stated that these plans had not been completed. There was more discussion concerning the location of the water service I i ne Because of the problem of the water service I i ne and the lack of plans on the landscaping and building elevations, Mr . Richard Holmes requested to delay further consideration at this time and be placed on the Agenda of the July 16, 1973 meeting. AGENDA ITEM NO. 6. - DISCUSS PIONEER DAYS CELEBRATION. REQUESTED BY THE FARMERS BRANCH JAYCEES. AND, AGENDA ITEM NO. 7. - C O N S I D ER REQUEST BY THE FARMERS BRANCH JAYCEES FOR CIVIC AND PHILANTHROPIC USE ON PROPERTY LOCATED AT THE FARMERS BRANCH SH O PPI N G CENTER. Mr. Tom Prince, president of the Farmers Branch Jaycees, requested approval from the Council for the Jaycees to coordinate the Pioneer Days ce1,ebrat i on . The dates proposed from the celebration have been set for September 17 t hr u September 22, 1973. The site props ed is the Farmers Branch Shopping Center at t he cor ner of Jos ey Lane and V al I ey V i ew Lane. Mr. Pi nce stated that the manager of the O . L. Nelms Estate, the property owner, has given approval to use the Shopping Center providing the Merchants Page 661. Association of the Shopping Center gives their approval . Mr . Pr i nce stated that the Jaycees had met with the Merchants Association and they gave their approval . Mr. Prince stated that some members of the Merchants Association had planned to attend the Council meeting, but have not appeared. There was a discussion of the Jaycees obtaining a letter from the property owner giving their permission to use the property, and a letter from the Merchants Association giving their approval of the Pioneer Days celebration plans of the Jaycees. Mr. Prince gave the plans for the activities to be in the shopping center, such as, art shows, rides, and exhibitions in a tent, etc. Mr. Prince gave the tentatively planned parade route which w i l l begin at R. L. Turner High School parking lot and ending at Jos ey Lane and Valley V i ew Lane. The Jaycees invited the Council to participate in the parade by riding in designated automobiles. There was a discussion of the advantages for the Jaycees of having the carnival in the plans for the celebration. There was a discussion of the disadvantages to the surrounding merchants of having the carnival in the plans for the celebration. Mr. Prince explained why there is a charge to civic organizations for space in the tent. He explained that the charge helps defray the cost of the rent of the tent, insurance, security, an electrician, and having an electrician present at all times. Mr. Prince stated that each civic organization would be notified of the city's health ordinance and each would be r es.pons i bl a for getting their own permit. This pertains to those who wish to sell drinks and food. After more discussion, a motion by Councilman McClung, a second by Council- man Linn, a l l voting "aye", adopted Resolution No. 73-029 which grants the request of the Farmers Branch Jaycees for Civic and Philanthropic Use on property located at the Farmers Branch Shopping Center, conditioned upon the receiving of a letter of approval from the property owner and from the Farmers Branch Merchants Association. AGENDA ITEM NO. 8. - CONSIDER REQUEST BY THE FARMERS BRANCH JAYCEES FOR SPECIAL EVENT SIGNS. After some discussion and clarification of the request for special event signs, a motion by Councilman Linn, a second by Councilman Bi of or d, all voting "aye", approved the request of the Farmers Branch Jaycees for Special Event Signs, which includes banners, to be erected at the following locations: Page 662. I . W ebb C hapel and L. B. J. Fr eew ay 2. Valley View Lane at Interstate Highway 35E, 3. V al w ood Parkway at Denton Road 4. Marsh Lane at L.B.J. Freeway 5. Jos ey Lane at L . B. J . Freeway AGENDA ITEM NO. 9. - CONSIDER REQUEST FOR LEFT TURN LANE ON MIDWAY ROAD. REQUEST BY BOB DAWSON OF GABBERTS FURNITURE. Mr. Bob Dawson of G abber i s Furniture Store, made a request to the Council for a left turn lane on Midway Road for southbound traffic access into their main entrance of Gabberts. After some discussion, Mr. Dawson agreed to contact the City Engineering Division of the Public Works Department to discuss his request and work with the Engineering Division for a possible solution. AGENDA ITEM NO. 5. - CONSIDER PETITION FOR TENNIS COURTS AT TEMPLE TRAIL PARK ON TEM PLETO N TRAIL. REQUESTED BY MR. DON STEA RM A N . Mr. Don St ear m an, 3404 Chaparral Drive, told of the need for additional tennis courts in Farmers Branch. Mr. St ear m an presented a petition signed by citizens which states: "We, the undersigned citizens of Farmers Branch, Texas, do petition the City of Farmers Branch to construct and maintain tennis courts on city property on the west side of Templeton Trail . Whereas said property has been designated as a park by the City of Farmers Branch, and whereas there is a demonstrated need for more tennis courts for the recreational use of al I our citizens, we request that steps be taken immediately for the construction of this facility." There was a discussion on the present plans for Temple Trail Park which includes base ball fields. Mr. St ear m an complained of the noise from the existing surrounding ball fields. Mr. St ear m an proposed the construction of four tennis courts, without lights, on the property along Templeton Trail . Mr. West explained that if the city obtains the additional property which is now being considered, the overall park plans, especially plans for additional base ball fields, will be restudied and revised. After more discussion, a motion by Councilman Flaherty, a second by Council- man Bi of or d, all voting "aye", accepted for consideration the proposal for tennis courts to be located in Temple Trail Park as requested by Mr. Don St ear m an. Page 663. AGENDA ITEM NO. 10. -CONSIDER APPROVING AN AMENDMENT T THE A REE E T BETWEEN THE CITY F FARMERS BRANCH A D THE C A RR LLTO N-FARMERS BRANCH SC H O L DISTRICT. Amendment #I to the agreement between the City of Farmers Branch and the Carrollton-Farmers Branch School District is as follows: "All school properties and facilities within the city limits of Farmers Branch are termed to be under the Joint School-City Lease Agreement. The City of Farmers Branch may schedule activities in and on the school properties as needed. A l l scheduling of school properties and facilities, by the City, shall not interfere with school sponsored activities or school poi icies." I t was discussed that the School Board approved this amendment . After more discussion, a motion by Councilman Flaherty, a second by Councilman Linn, ail voting "aye", adopted Amendment #1 to the agreement between the City of Farmers Branch and the Carrollton-Farmers Branch School District . AGENDA ITEM NO. 11. - CONSIDER AUTHORIZING THE MAYOR TO EXECUTE AN I N TERLO C A L AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH AND THE CITY OF ADDISON FOR WATER AND SEWER SERVICES TO AN AREA LOCATED IN FARMERS BRANCH . Information given to the Council by memo from the Administration: The City of Farmers Branch through the City Council has been requested by the owners of a triangular section of property located within the City of Farmers Branch, but surrounded by Inwood Road and the City of Addison to furnish sanitary sewer and water service to this area and in return, allow the City of Addison to charge for the services rendered to this area at the same rate that they charge their own customers. The City of Farmers Branch is also agreeing that it will in approving any subdividing, platting or r epl at t i ng of this tract, obtain a utility easement and allow the City of Addison to use this easement in order to furnish the necessary pipes for these services . The City of Addison also agrees to maintain these pipes for the term of this agreement which cannot be terminated except upon the agreement of the City of Farmers Branch and the City of Addison. By approval of t h i s agreement by both the C i t y of Addison and the C i t y of Farmers Branch t h i s area w i l l be adequately served with water and sewer service at similar rates that the City of Farmers Branch charges its customers. After some discussion, a motion by Councilman Flaherty, a second by Council - man Linn, a l l voting "aye", authorized the Mayor to execute an i nt er I ocal agreement between the City of Farmers Branch and the City 'of Addison for water and sewer services to the area described above located in the City of Farmers Branch. The Council expressed a desire to meet with the Mayor and Councilmen from the City of Addison and discuss mutual items of interest. Page 664. AGENDA ITEM NO. 12. - CONSIDER ACCEPTING FIRE LANE AND WATER EINE EASEMENTS FROM BR K H A V E COUNTRY CLUB, REQUESTED BY BROOKHAVEN COUNTRY CLUB WAS CANCELLED. AGENDA ITEM NO. 13. -CONSIDER AWARDING CONTRACT FOR 12" SANITARY SEWER LINE EX TENSION ON VILLA CREEK. City Manager Paul West explained that the city had received only one bid for the project of the 12" sanitary sewer I i ne extension on V i l l a Creek. The bid received is from Ben Si r a and Company for the construction cost of $36,306.56, based on 75 calendar days completion. Mr. West stated that five sets of plans and specifications were picked upon this project. There was a discussion on the companies not bidding on this project. Mr. West stated that the Administration recommended the contract be awarded to the Ben Sira Company. After more discussion, a motion by Councilman Bi of or d, a second by Council- man M cC I ung, al I voting "aye", awarded the contract to the low bidder, the Ben Si r a and Company, in the amount of 36, 306.56 for the 12" sanitary sewer line extension on Villa Creek. AGENDA ITEM NO. 14. -CONSIDER AWARDING CONTRACT FOR PARKING IMPROVEMENTS AT DON SHOWMAN PARK. City Manager Paul West presented the two bids that had been received for parking improvements at Don Showman Park. Mr. West explained that these improvements consist of two types of construction. From a drawing, he pointed out that Area A is to be an asphalt parking area, which is immediately in front of the recreation center and swimming pool , and, a I I of her ar eas ar e t o be concr et a paved ar eas w hi ch can be us ed f or parking and/or tennis courts. The drawing is attached for record. The low bidder is the Ed Bell Construction Company, with a bid of $66,164.31 for 1 20 calendar days completion. Mr. West stated that the Administration recommended the contract to be awarded to Ed Bell Construction Company. After some discussion, a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", awarded the contract for Project 013-7310-91-05 to Ed Bell Construction Company in the amount of $ 66, 164.31 to be accomplished in 1 20 calendar days. Page 665. 'O., .,49, 'lr •,.,~q ti t,''I' 1~•~;,n.a frf E ~ f. ' ~;j't'S 4~~;~'~t ~ } '.'";r°.,,,^~;~~'k~1r ~ ~xqu.~ y ) ,S r s '-uMk;~~a:;:~ . " 4 ' g pp M~ f h s:l•' r rl'}tl 1,7' ~ '~DF ~ ~ 3(').d,;,n~y,, v'E~l•A ~ i d ! , , J t ' ~f f ;'`fit. 1r S s !3{, M1 7:'a tt ~ t d` ~,,Y i t i'~ ...r !r'~,tF'Yf{'i 1~}, r ~ ~ t 7.~e , q F 'i '41 d.. ~~M'.x ^Y k t xY,•t M a"° kAd'+t' ~i { 4 ~!',1;",•.~~~f.~e !g'rt,r~ ~ ` y~ t ~ F ih1..~ (,.1 r t '~S Y , { 'fix ~ ..v . 1a~;~r~.~ ^;;.;•.;r':~+rti '+oy~•5~•.;;~:?,. v k ~^a h' : Yfit.. 7, y.t., i ,a 9": 'R r•;4f~ryi H•A;:+~'~.....,..,« „~''I$~i~$~ J, .~"~+~A~ "'~1.4. ~ , c'., ~ ,•'o-.~~di>a,';,:.:.d'~'~~'`l~ i ~ gg Y-0r. r.Jmi~ y J cj t ~ ,~~r, 's.$lEA Mu • 9 ' ',tt , s` ;t ~ ' ~,+I{{d~~ li iet~ #Y~ . I.J'wj~. i, n I I ' ~ ~ j ' , ~ , , J yat " ~~~%~'Pr~C~r S ^~a.yr+r~.m~x ~ '~1{ - ~ ;S"f''t ~t /•Y'~'' f'~' 'i ,r+n •t., r';'k,l b: Sri-?~` ; ~R'-`f xn • 1 ':f_ > .f A '~:Y Y' ,;f~p, 7x7 •1 `,t~ 't ~ ' t'R$ •f ~,r,.'o'ft h.,.'t: '%r; :k r fl a ? ^ 9 6*s t~ 4, ,tl" t.' ~{'~t p'~~h+. ,N .R~~'~h" `.i ls:, ~r~'d ,.i.".t•'i.`i" .r ~ e K' Y s _I t :S i. eu...,: ~ r "~a;a>,. d'. ~ k ,YWi`''L'~w~'~.t,. ,rz' a• r ' a r ^r tf •Y 35t' ~P,' ,I, ij,~ ~d,.Fkx f~ ! ~r ~ ` ' I't A' ,d` r , r a• y ~ ~ ' ys ij d 1 f 3 }f +M .k^a~ _ !'~1 „>•fr~ ~~r ~ j++~ .~,a('r`r ! V~~,`"'~x:R -e, ` j~ ` ' Y l',~ t t?~; `;j'i; ;fir q ~ t.,... 4 ~ .l',y+$~ ' , , k+.'~S~Y'n,<~ ~i •f ' $;t ij,:,, .i ~ t 0.;`,e's "+r`'ti ?I, t '.t' ~ ~ ` . : ',,.r ~r.^ r, ~ ' Y.~ j~ xt r , ~!t,-,~,,~,R ;4 ~ _ 5;~• r q." ' ',i '(:'-..4 AGENDA ITEM NO. 15. - CONSIDER ORDINANCE NO. 960 - AMEND- MENTS TO THE HEALTH ORDINANCE. City Manager Paul West presented a proposed ordinance that amends the Health Ordinance as follows: I . Exempt Child Care facilities, hospitals, nursing homes, public schools, and convalescent homes from health permits. 2. Establish a permit fee of $10.00 for Civic and Non- Profit Organizations operating two or more temporary food es t abl i s hm ent s . 3. Allow the City Council to grant special permission to Non-Profit Organizations to operate temporary food establishments for periods longer than fourteen (14) days. M r . W es t expl ai ned t hat t hes a am endm ent s or a pr opos ed t o avoi d over lapi ng health inspections by different governmental agencies, and to minimize the financial burden of temporary permits to Non-Profit and Civic O rgan- i zat ions . After some discussion, a motion by Councilman Flaherty, a second by Council- man Bi of ord, all voting "aye", adopted the following captioned Ordinance No. 960: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH AS HERETOFORE AMENDED BY AMENDING SECTION 13-58, APPLICATION BY AMENDING PARAGRAPH (E), (2): AND BY AMENDING PARAGRAPH (G), EXEMPTING STATE INSPECTED FACILITIES AS NOTED IN ORDI- NANCE FROM HEALTH PERMIT REQUIREMENT AND ALLOWING EXTENDED TIME LIMITS FOR PERMITS FOR TEMPORARY FOOD SERVICE ESTABLISHMENT BY COUNCIL ACTION ; PROVIDING FOR A PENALTY NOT TO EXCEED TWO-HUNDRED DOLLARS ( $200.00) AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 16. - CONSIDER ORDINANCE NO. 961 - REGULA- TION OF PARKING OF TRUCKS. City Manager Paul West explained that the city has no ordinance regulating the overnight parking of large trucks and t r a i l e r s on the public streets, except in residential areas which is covered by Ordinance No. 760. He stated the Police Department has reported that many areas exist where semi-trucks are parking on the street overnight across the street from residential areas and apartment areas which are now legal because their parking side of the street is zoned other than residential . This proposed ordinance would not prohibit overnight parking of trucks or trailers in H I , C, LI, or LR-2 Zones if upon private property, off the street. Mr . West stated the Administration recommends to repeal existing Ordinance No. 803 which conflicts with the Zoning Code i n t hat i t Page 666. allows large trucks parking overnight on private property in zones where parking on private property overnight is prohibited under the zoning code. After some discussion, a motion by Councilman Linn, a second by Council- man McClung, a l l voting "aye", adopted the following -captioned Ordinance No. 961 : AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROHIBITING THE PARKING OF MOTOR VEHICLES EXCEEDING 3/4 TON, MANUFACTURER'S RATED CARRYING CAPACITY, OR ANY TRAILER ON C I TY STREETS FRO M 6: 00 P. M. TO 7: 00 A. M. D A I LY, EXCEPT WHEN LOADING OR UNLOADING; RE- PEALING ORDINANCE NO. 803; PROVIDING FOR A PENALTY; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 17. - CONSIDER AUTHORIZING THE ADVERTISE- MENT FOR BIDS TO PURCHASE EQUIPMENT FOR REPLACEMENT OF WATER LINES. C i t y Manager Paul West stated that the equipment listed w i l l be needed to begin the water I i ne replacement program . The equipment needed is as follows: I Backhoe I Truck with mounted hoist 2 10-yards dump trucks 1 1 /2 ton pickup 1 3/4 ton pickup with utility body I Paving breaker I Concrete saw with trailer 3 Trailers I Air compressor and demolition tool This equipment is estimated to cost $107,000.00. There was some discussion on the use of this equipment. After more discussion, a motion by Councilman McClung, a second by Councilman Flaherty, all voting "aye", authorized the advertisement for bids to purchase equipment for the replacement of water I i nes . Mr. West reported that Lee Wayne (C och i s e) Darnell w i l l be the Super i nt endent f or t hi s r epl acem ent pr o f ect . AGENDA ITEM NO. 18. - EXECUTIVE SESSION. City Manager Paul West gave a report on the June building permits issued for construction valued in the amount of $7,800,000.00. Page 667. a. Discuss Law Suits Mr. West gave a report on the pending law suit cases. These cases concern t he O echs ner proper t y, and t he Fi t e vs . Shahan s ui t . b. Land A cqui s i t ion Mr . West reported of having advertised for bids for the sale of the city owned property located at Golfing Green Drive and Jos ey Lane. Mr. West gave a report on the appraisals received on the Field property, and discussed the possible plans for this property. After more discussion on the Field property, a motion by Councilman Linn, a second by Councilman McClung, a l l voting "aye", authorized the Administration to negotiate for the purchase of the Field property in the amount not to exceed $424,000.00. OTHER DISCUSSIONS After some discussion, a motion by Councilman Bi of or d, a second by C ouni l - m an McClung, all voting "aye", authorized the Texas Utility Advisory Council Committee to represent the City of Farmers Branch before the Texas Railroad Commission concerning the Lone Star Gas Company's rate increase request, as indicated in the letter from the Texas Municipal League. Mr. West reported on the requirements of the Workman's Compensation law that has been passed during this last session of the legislation. AGENDA ITEM NO. 19.- ADJOURNMENT. Upon a motion by Councilman F aher t y, a second by Councilman Linn, all voting "aye", adjourned the City Council meeting of July 2, 1973 at 9:36 P.M.. Mayor eor g G Grimmer d " C i t cr et cry J. W. Wade Page 668.