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1973-09-04 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING September 4, 1973 All .members of the City Council were present: Mayor George G. Grimmer Mayor Pro Tem 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 Manager of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of September 4, 1973 to order at 7:30 P. M. . AGENDA ITEM NO. 1. INVOCATION Councilman Flaherty gave the invocation. Mayor Grimmer on behalf of the City Council expressed deepest sympathy to the Manske family on the death of Walt Manske. AGENDA ITEM NO. 2. - APPROVAL OF MINUTES. After some discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", approved the minutes of the City Council meeting of August 20, 1973 with the following paragraph added for record to Page 708 under the Agenda Item No. 5, making it the last paragraph under the item: "Even though the motion carried, the action of rezoning the property failed because under the State Law and City Ordinances it takes a favorable vote of 3/4 of the entire City Council to approve a zone change when a petition against the request is submitted by the property owners adjoining the subject property and extending 200 ft. from the subject property." DECLARING AN EMERGENCY. After some discussion, a motion by Councilman Linn, a second by Council- man McClung, all voting "aye", declared an emergency and placed on the agenda Item 14. A. - CONSIDER ORDINANCE NO. 971 - Prohibiting Truck Traffic on Marsh Lane between Valley View Lane and Brookhaven Club Drive; and, Item 15. b. Discuss Law Suits in the Executive Session. Page 719. AGENDA ITEM NO. 2. A. - HEAR REQUEST FOR DISCUSSION OF MINUTES. REQUESTED BY MR. TOM McCRORY. Mr. Tom McCrory, 13517 Rawhide Drive, requested the minutes of the City Council meeting of August 20, 1973, under Agenda Item No. 5, to reflect that the zone change request for the property located at Josey Lane and Golfing Green Drive did not pass, as in accordance to State Law 101le V. A. C. S.. Mayor Grimmer gave Mr. McCrory the action that had been previously taken in Agenda Item No. 2 of this meeting. AGENDA ITEM NO. 3. - CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF BROOKHAVEN CLUB DRIVE AND MARSH LANE. REQUESTED BY MR. TALMADGE TINSLEY. Mr. Larry Gill of Cook & Huitt Engineers in Dallas, representing Mr. Talmadge Tinsley, submitted for approval a site plan of the property located at the southeast corner of Brookhaven Club Drive and Marsh Lane. Mr. Gill explained that the 22 acre tract of land is being proposed for the development of 60 lots under the R-3 zoning. He stated that the square footage per lot is the minimum of 10, 000 sq. ft. , with the minimum of 22, 000 sq. ft. per dwelling. Mr. Gill reviewed the conditions placed on the site plan by the Planning and Zoning Commission. He requested a variation from the 20 ft, side yard to a 10 ft. side yard on the corner lots, in order to build a larger home on these corner lots. Mr. Gill stated that Mr. Tinsley plans to construct a screening wall which would run the entire length of the project along Marsh Lane. The Planning and Zoning Commission recommended that the site plan be approved with the following conditions: 1. All utility easements to be a minimum of fifteen (15) foot in width. 2. That the second paragraph of the developers standards be reworded as follows: the lots backing onto the drainage channel may be filled so that they will have adequate building area and shall be built at a finished floor elevation three feet above the 100 year calculated water surface. Fill area to be controlled as shown on the site plan. 3. The property to be Deed restricted so that there will be no fences or buildings built within the 100 year flood plain. 4. The development shall be platted and comply with all City of Farmers Branch Sub-Division Ordinances. 5. A permanent type masonry screening wall to be required along Marsh Lane with the type of wall to be approved by the Planning and Zoning Commission when the property receives its final platting. 6. Minimum home areas to have twenty-two hundred square feet of living area. Page 720. 7. Garages on corner lots be located at least twenty feet from all side yard property lines. City Manager Paul West gave the following recommendations of the Admin- istration to that of the Planning and Zoning Commission's recommendations. (a) That Condition #2 read as follows: "The lots backing onto the drainage channel may be filled so that they will have adequate building area and shall be built at a finished floor elevation three feet above the 100 year calculated water surface, pro- vided that the fill area be limited as shown on the site plan. " (b) That Condition #3 read as follows: "The property to be Deed restricted so that there will be no fences or buildings or other obstructions to flood flow built, placed or planted within the 100 year flood plain. " (c) All garages to be rear entry types and no house shall be located so that the garage doors of the house faces the front of any house. There was discussion on Condition (c?. Mr. Talmadge Tinsley, the builder, stated that he would like to have the flexibility of having swing-in type garages. He stated that he had not planned for all rear entry garages. He stated that a number of his plans have swing-in garages with a wall or fence work in front of it to sheild the garage from the street. Mr. Tinsley stated that possibly by deed restriction could require that all garage doors be kept closed except upon entering and leaving. After more discussion, a motion by Councilman Quevreaux, a second by Councilman Flaherty, all voting "aye", approved the site plan submitted for property located at the southeast corner of Brookhaven Club Drive and Marsh Lane, with the conditions as follows as recommended by the Planning and Zoning Commission and the City Manager: 1. All utility easements to be a minimum of fifteen (15) foot in width. 2. That the second paragraph of the developers standards be reworded as follows: the lots backing onto the drainage channel may be filled so that they will have adequate building area and shall be built at a finished floor elevation three feet above the 100 year calculated water surface, provided that the fill area be limited as shown on the site plan. 3. The property to be Deed restricted so that there will be no fences or buildings or other obstructions to flood flow built, placed or planted within the 100 year flood plain. 4. The development shall be platted and comply with all City of Farmers Branch Sub-Division Ordinances. Page 721. 5. A permanent type masonry screening wall to be required along Marsh Lane with the type of wall to be approved by the Planning and Zoning Commission when the property receives its final platting. 6. Minimum home areas to have twenty-two hundred (2200) square feet of living area. 7. Garages on corner lots be located at least twenty feet from all side yard property lines. AGENDA ITEM NO. 4, - CONSIDER REQUEST OF NORMAN HARPER OF RAY GOODSON ENGINEERS TO DISCUSS FARMERS BRANCH OFFICE PARK. (TRAMMEL CROW DEVELOPMENT AT INWOOD ROAD AND L. B. J. FREEWAY. Mr. Norman Harper of Ray Goodson Engineers and Mr. Jack Griffen with Trammel Crow were present to discuss the proposed development of Farmers Branch Office Park to be located at Inwood Road and L. B. J. Freeway. Mr. Norman Harper requested that McEwen Road as a public right-of-way be stopped at the west property line of the development, and enter directly into the paved parking areas and private drives of the development. He stated that this would give circulation for car traffic but would like to have signs posted to limit truck traffic through the project. Mr. Harper stated that McEwen Street would be an entrance drive that would come into the fire lanes. Mr. Harper explained and displayed a set of engineering drawings on the project. After some discussion on the traffic circulation in and out of the project, a motion by Councilman McClung, a second by Councilman Flaherty, all voting "aye", approved the request presented by Mr. Norman Harper that McEwen Road be stopped as a public right-of-way at the west property line of the Farmers Branch Office Park development. AGENDA ITEM NO. 5. - CONSIDER AWARDING A CONTRACT FOR MUNICIPAL DEPOSITORY. City Manager Paul West stated that bids were requested from both banks in Farmers Branch for the Municipal Depository. Bids were requested for both a one year and a two year contract. The following is a recap of the only bid received: Page 722. Central Bank & Trust Company Interest Interest Rates Rates 2 Year 2 Year 3 Month Certificates of Deposit 7. 75% 7. 75% 6 Month Certificates of Deposit 7. 875% 8. 00% 1 Year Certificates of Deposit 8. 01% 8. 125% Mr. West recommended the two year contract be accepted as there is only .125% difference between the two contracts on 6 months and 1 year certificates of deposits. After some consideration, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", awarded the contract for the municipal depository to Central Bank and Trust Company for their bid for two years. AGENDA ITEM NO. 6. - DISCUSS PAPER SACK SPECIFICATIONS. REQUESTED BY ST. REGIS PAPER COMPANY. Mr. Bruce Kelly of the Bag Packing Division of St. Regis Paper Company, stated that he was present to request the City Council to change the speci- fications for refuse sacks covered by City Purchase Order No. 1979. He stated that the present specifications indicate the construction of 2 ply 50 lb wet-strength extensible paper. Mr. Kelly explained that when his company computed and entered their bid on the refuse sacks, they failed to note that the bid called for wet-strength extensible paper and they quoted prices for natural Kraft wet-strength paper. He stated that after discovering the error, an appointment with Mr. West was arranged. He stated that Mr. West indicated that only the City Council could change the specifications after bids had been awarded. Mr. Kelly requested to amend the wording of Item 2 of the City of Farmers Branch specifications for disposable refuse bags from 2 ply 50 lb wet- strength extensible Kraft paper to 2 ply. 50 lb, wet-strength natural Kraft paper. He stated that his company feels very confident that the city will experience the same performance with this specification as with the wet- strength extensible specification. Mr. Kelly gave some comparison of performances. He listed some of the cities using their natural wet-strength refuse sacks. Councilman Linn expressed his feeling of it being unfair to the competitive bidders if this request is granted. Councilman McClung express that he would like to postpone any Council action at this time in order to further study this situation. Page 723. Mr. Kelly suggested that since 1/2 of the requirement is to be supplied now and the other 1/2 in six months that perhaps the fair thing to do is to cancel the last six months portion and rebid in order to get the fairest price on the sacks. Councilman Quevreaux disagreed with Mr. Kelly. He expressed his feeling that St. Regis bid on the specifications sent out and should produce accordingly. Mr. West stated that the bags have not come in, in order for test. He stated that the City is delivering sacks that were left over from the last shipment, and because of the shortage of the sacks, the first delivery from St. Regis is needed. Mr. West stated that he feels the city has no choice than to go ahead and deliver the sacks on the first delivery, but it should be noted that the city is taking them under protest. He stated that this matter should be studied further by the Administration and come back at the next Council meeting with a recommendation or recommendations for consideration. Councilman McClung recommended that the Administration investigate with other cities, such as the City of Irving, to see what kind of performance they are receiving with this particular type of sack of St. Regis'. After further discussion, a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", accepted the recommendation of the City Manager to further study this matter and come back to the City Council with recommendations for consideration. AGENDA ITEM NO. 7. - DISCUSS TEST ON PLASTIC REFUSE SACKS. City Manager Paul West stated that the test on the plastic refusib sacks that the Council authorized, based on the sack demonstrated at that time, had begun. The plastic sacks were delivered to approximately 1/2 of the citizens that agreed to participate. The city started receiving calls from these citizens complaining of the quality of the sack. The Administration found that the sack delivered was not the quality of sack that had been previously demonstrated to the Council. A representative from the manufacturer came out and agreed that the sacks were inferior to the sacks that had been shown to the City Council and the City Administration. According to the representative, their regular plant that makes this sack was so far behind that they had sent their stock material to another chemical plant they own and inexperienced personnel had made a poorer quality sack than they should have. Mr. West stated. that the company agreed to leave the sacks that have been delivered with the citizens with no charge to them or to the city. These citizens will be delivered the paper sacks also. Mr. West requested that the test on the plastic sacks be postponed, and that the citizens who have the plastic bags understand that no test is now being conducted and they can keep and use the plastic bags in anyway they wished. Page 724. It was discussed that the citizens could be informed of the test being cancelled at this time through the news media and city newsletter. After more discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", cancelled the present test being conducted on plastic refuse sacks; and instructed the City Administration to prepare specifications for plastic sacks; advertise for bids on test amount; and then bring those back to the Council to see about further tests. AGENDA ITEM NO. 8. -PUBLIC HEARING: TO CONSIDER 1973-1974 BUDGET FOR THE CITY OF FARMERS BRANCH. Mayor Grimmer opened the public hearing to consider the 1973-1974 budget for the City of Farmers Branch. Mayor Grimmer asked if anyone was present to speak concerning the proposed budget. The following spoke: Mr. Tommy McClain, 12212 Ridgefair, asked: Do all revenues have to go through this budget, such as revenue sharing that already has been distributed?, Do any previous allocation of previous budgets have to be carried forward?, Should an amount for capital expenditure for a library building be shown in this budget even though it may not be completed this next year? Mr. West answered: This budget does not include the revenue sharing budget because it is under a separate plan. In reference to the question of capital expenditure, this library expenditure has not been budgeted because plans have not been prepared for the library. The money that was set aside last year for the library has been forwarded in this budget for that purpose and if it is not used this year then it will be carried next year and until the year the contract is let. Mr. McClain asked if the contract is let this coming year, does this mean the city will hold another budget hearing to cover the amount needed? Mr. West stated that when bids are taken for the construction of a library then the City Council will decide at that time how it will be financed. Mr. West stated the total amount set aside for the library now is $250, 000. 00. Mrs. Joyce Springer, 13060 Glenside, made statements varifying that there was an increase shown in the library budget over last year. There being no one else wishing to speak, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", closed the public hearing. Page 725. Councilman Flaherty asked if there were sufficient funds included in the budget for proper street maintenance? Paul West stated that this budget did provide some funds for improving the street maintenance program with the providing of additional equipment needed to do good maintenance work. He stated that he believed the program will improve this coming ,year. After more discussion, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", adopted the following captioned ordinance No. 966. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1973 AND ENDING SEPTEMBER 30, 1974, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPRO- PRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF FARMERS BRANCH FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERATION OF VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY; AND DECLARING AN EMERGENCY. After some discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", adopted ordinance No. 967 setting the tax rate of $1. 25 per $100 assessed valuation, which reflects not tax rate increase. AGENDA ITEM NO. 9. - CONSIDER ORDINANCE NO. 968 - REGULATIONS OF ONE-WAY STREETS IN SCHOOL ZONES. City Manager Paul West gave the following information: Schools change their starting times and let-out times quite often and this affects the signs as pertains to school hours. This new ordinance would allow sign changes to be made to coincide with any school time change. It was also discovered that Ordinance No. 856 improperly covers existing traffic flow around Cabell School by making the present flow unlawful, when in fact it is the best flow and has been in effect for several ,years. The ordinance presented for consideration repeals ordinance 856 and takes care of the problem listed above by permitting the Traffic Engineer to change the signs to coincide to school times and correctly covers the traffic flow around Cabell School. After some discussion, a motion by Councilman Flaherty, a second by Councilman Binford, all voting "aye", adopted the following captioned ordinance No. 968: Page 726. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS REGULATING CERTAIN NAMED STREETS AS ONE WAY STREETS ON SCHOOL DAYS AS DESIGNATED BY TIMES SHOWN ON SIGNS, DEFINING SCHOOL TRAFFIC ZONES; AUTHORIZING THE CITY TRAFFIC ENGINEER TO POST APPROPRIATE SIGNS; REPEALING ALL ORDINANCES OF THE CITY OF FARMERS BRANCH IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 10. - CONSIDER ORDINANCE NO. 970 TO PROVIDE CHARGES FOR COPIES OF OFFICIAL DOCUMENTS AS REQUIRED BY STATE LAW. City Manager Paul West gave the following information: A State Law is now in effect requiring that the city pass an ordinance in order to charge for copies of all public records, except those specifically exempted by law. The Administration recommends that the ordinance presented be adopted so that the city can comply with the State Law by charging for these copies. After some discussion on the charges set in the ordinance, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", adopted the following captioned ordinance No. 970. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS PROVIDING FOR CHARGES FOR COPYING OF ANY PUBLIC RECORD EXCEPT THOSE EXPRESSLY EXEMPTED BY LAW; PROVIDING PROCEDURES FOR OBTAINING COPIES OF SUCH RECORDS OTHER THAN BY XEROX MACHINE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 11. - CONSIDER ORDINANCE NO. 969 TO PREVENT SELLING OF GOODS ON PUBLIC STREETS, EASEMENTS, ETC. City Manager Paul West gave the following information: The ordinance presented for consideration will forbid selling of goods from a motor vehicle while the vehicle waits in the street for customers, so as to prevent congestion of traffic and other unsafe activities which are associated with those practices. The effect of this ordinance would be to eliminate the ice cream and snow cone type of vehicles from going through the residential parts of the city. Mr. West stated that the ordinance does not prohibit such people as the Lighthouse for the Blind going from door to door selling their product. Councilman Q.uevreaux questioned if the ordinance would affect the people selling wood. Mr. West stated that it would prohibit selling from the street. City Attorney Doug McC allon stated that they could park on the street and walk up to the door and sell the wood. Councilman Linn asked Mr. West if he felt the passing of this ordinance would strengthen the position of the city? Mr. West replied that it would. Page 727. Councilman Linn made a motion to adopt Ordinance No. 969 The motion died for the lack of a second, AGENDA ITEM NO. '12, - CONSIDER ACCEPTING A UTILITY EASEMENT FROM BRAUM'S ICE CREAM. City Manager Paul West gave the following information: Brau.m's Ice Cream has plans under way for construction at 14344 Josey Lane. They have obtained a 15 foot sewer easement from the Cullum Development Company to serve their property from Hollandale Lane, The Administration recommends that acceptance be made to allow the installation of this sewer line. After some discussion, a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", accepted the sewer easement from Braum's Ice Cream as described by the City Manager. AGENDA ITEM NO, 13. - CONSIDER AWARDING CONTRACT FOR FURNITURE FOR THE NEW RECREATION CENTER. City Manager Paul West gave the following information: Seven bids were sent and three bids were returned. All bidders met specifications with Vaughn & Associates being the low bidder on Items 1, 2 & 3, and, R. H. Moore & Company being the low bidder on Item 4. It is recommended that Vaughn and Associates be awarded Item 1 - 45 stacking chairs in the amount of $670. 05, Item 2 - 10 lounge chairs in the amount of $561, 60, and Item 3-4 table sets in the amount of $564, 80, with a total of $1, 796, 45. It is recommended that R. H. Moore & Company be awarded Item 4 - 8 adjustable tables in the amount of $298, 56. Mr, West stated that if these are to be awarded , an additional appropriation of $2, 095, 01 is needed from the unappropriated general fund reserves to pay for these items. After some discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", awarded Items 1, 2 and 3, as described above, to Vaughn & Associates in the amount of $1, 796, 45, and, warded Item 4, as described above, to R. H. Moore & Company in the amount of $298, 56; and, the additional amount of $2, 095. 01 be appropriated from the unappropriated general fund reserves be authorized as requested, AGENDA ITEM NO. 14, - CONSIDER AUTHORIZING THE CITY MANAGER TO REQUEST THE COUNTY OF DALLAS TO OVERLAY MARSH LANE FROM VALLEY VIEW LANE TO BROOKHAVEN CLUB DRIVE, City Manager Paul West gave the following information: The Dallas County maintenance forces will if authorized by the Commissioner's Court place an overlay on streets requested by various cities at the cost included in the County's paving contract, The Administration recommends the authorization from the City Council to request the County to place an Page 728. asphaltic concrete overlay 4" thick on Marsh Lane and that after the completion of the overlay truck traffic be prohibited on this portion of Marsh Lane. It was discussed of requesting the City of Addison to do the same thing from Brookhaven Club Drive to Belt Line Road. Mayor Grimmer pointed out that this portion of Marsh Lane from Brookhaven Club Drive to Belt Line Road is to be considered for improvements in the up coming County Road Bond Election, After some discussion of the situation of the intersection of Marsh Lane and Belt Line Road, a motion by Councilman Linn, a second by Council- man McClung, all voting "aye", authorized the City Manager to request the County of Dallas to overlay Marsh Lane from Valley View Lane to Brookhaven Club Drive. AGENDA ITEM NO. 14, A. - CONSIDER ORDINANCE NO. 971 - PRO- HIBITING TRUCK TRAFFIC ON MARSH LANE BETWEEN VALLEY VIEW LANE AND BROOKHAVEN CLUB DRIVE. After some discussion on the previous action of Agenda Item No. 14, a .motion by Councilman Flaherty, a second by Councilman Binford, all voting "aye", adopted the following captioned ordinance No. 971; AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS PROHIBITING MOTOR VEHICLES OR ANY TRAILER EXCEEDING MANUFACTURER'S RATED CARRYING CAPACITY OF 3/4 TON ON MARSH LANE BETWEEN VALLEY VIEW LANE AND BROOK- HAVEN CLUB DRIVE WHEN SIGNS ARE POSTED; PROVIDING FOR A PENALTY AND DECLARING AN EMERGENCY. EXECUTIVE SESSION a. Land Acquisition City Manager Paul West reported that the property owners on Valley View Lane have been contacted and given a contract offering consideration as previously approved by the City Council. Each was asked to sign and return the contract or to contact the City if he had any questions. Mr. Carlisle and Mr. Berry have signed the contracts. Mr. Stovall made a counter offer of $23, 000. 00 and no assessment. Others have not said one way or the other. The Council agreed not to accept the counter offer made by Mr. Stovall. After .more discussion, a motion by Councilman Linn, a second by Council- man McClung, all voting "aye", authorized the City Administration to notify all the property owners that the offer made by the City will be withdrawn in 15 days and condemnation proceedings will began if the offers are not accepted within this period of time. Page 729. b. Discuss Law Suits City Manager Paul West gave an up to date status report on the water suit with the City of Dallas. Mr. West reported of possible problems of two pumps located at the Belt Marsh water storage tank. Mr. West reported that the Panasonic and Honda law suit comes up this month in State Court. AGENDA ITEM NO. 16. - ADJOURNMENT. Upon a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", adjourned the City Council meeting of September 4, 1973 at 9:31 P.M.. May r G orge` . Gr;! mer City cretary J. W. Wade Page 730.