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1973-11-19 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING November 19, 1973 Members of the City Council present were: 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 Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of November 19, 1973 to order at 7:30 P.M.. AGENDA ITEM NO. I. - INVOCATION. J. W. Wade gave the invocation. DECLARING AN EMERGENCY. After some consideration, a motion by Councilman Quevreaux, a second by Council- man Binford, all voting "aye", declared an emergency and placed on the Agenda as Item 3.A. - "Presentation of an Invitation by the Farmers Branch Jaycees." AGENDA ITEM NO. 2. - APPROVAL OF MINUTES OF NOVEMBER 5, 1973. Upon a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", approved the minutes of the City Council meeting of November 5, 1973 as submitted. AGENDA ITEM NO. 3. -PRESENTATION OF CERTIFICATE OF APPRECIATION. Mayor Grimmer presented a certificate of appreciation to Betty Enninga for having served on the Library Board. AGENDA ITEM NO. 3.A. - PRESENTATION OF AN INVITATION BY THE FARMERS BRANCH JAYCEES. Mr. Tom Prince, President of the Farmers Branch Jaycees, extended an invitation to the Council to be their guests at the Ist annual football game to be held on December I, 1973. Mr. Prince explained that this was a joint project between the Farmers Branch and the Carrollton Jaycees for the benefit of the Truth House. The Jaycees will be playing the KLIF All Stars. The game will be played at the R. L. Turner Lion stadium. Page 763. AGENDA ITEM NO. 4 AND AGENDA ITEM NO. 5 DISCUSSED LATER ON IN THIS MEETING . AGENDA ITEM NO. 6. CONSIDER REQUEST FOR CIVIC AND PHILANTHROPIC USE TO SELL CHRISTMAS TREES ON PROPERTY LOCATED ON THE MARY IMMACULATE CHURCH PROPERTY. Mayor Grimmer explained that the Knights of Columbus requested permission to operate a Christmas tree sales lot on the Mary Immaculate Church property located on the south- east corner of Dennis Lane and Valwood Parkway, for a period from November 24, 1973 through December 24, 1973. The Knights of Columbus also requested permission to erect a temporary sign on the Mary Immaculate Church property advertising the Christmas tree sale. The sign will be a wooden sign, no larger than 4' x 4' and facing Dennis Lane, to be located 20 feet from curb line between the two driveways. After reviewing the request, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", adopted Resolution No. 73-045 which granted permission to operate a Christmas tree sales lot as requested, and granted permission to erect a temporary sign advertising the Christmas tree sale as requested. AGENDA ITEM NO. 7. - CONSIDER REQUEST FOR CIVIC AND PHLANTHROPIC USE TO PERMIT THE ERECTION OF A CONCESSION STAND ON THE VIVIAN FIELD JUNIOR HIGH SCHOOL PROPERTY. REQUESTED BY MRS. NANCY MUEHLSTEIN. Mrs. Nancy Mueh stein, 14545 Tamerisk Lane, Farmers Branch, requested permission to erect and operate a concession stand at the Vivian Field Junior High School on Friday night, December 7, 1973 from 7:00 P.M. until 10:00 P.M. for a benefit soccer game. She stated that a group of concerned citizens are wanting to raise money for the Jim Morrisroe Fund. Mrs. Morrisroe is suffering from cancer. The following conditions were pointed out to Mrs. Muehlstein that would have to be followed: A Health Permit be acquired prior to opening the stand. Stand is to be removed by Wednesday, December 12, 1973. Admission to the game be on a donation basis. All litter resulting from the game to be cleaned up by Saturday noon, December 8, 1973. After some discussion, a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", adopted Resolution No. 73-046 which granted permission to erect a concession stand on the Vivian Field Junior High School property as requested. AGENDA ITEM NO. 8. - CONSIDER RESOLUTION NO. 73-044 - EXEMPTION OF AD VALOREM TAX FOR SINGLE PERSONS OVER 65 YEARS OF AGE. Mayor Grimmer explained that Resolution No. 73-044 was being submitted for consideration as a result of the passage of a Constitutional Amendment at the November 7, 1973 election. The resolution will extend to single persons 65 or over the same $3,000.00 exemption which was granted married persons over 65. After some discussion, a motion by Councilman Flaherty, a second by Councilman McClung, all voting "aye", adopted Resolution No. 73-044 that granted exemption of ad valorem tax for single persons over 65 years of age. Page 764. AGENDA ITEM NO. 9. - CONSIDER ORDINANCE NO. 978 - AMENDIN G ORDINANCE NO. 31, SO AS TO EXEMPT FIRING RANGES OPERATED BY THE FARMERS BRANCH POLICE DEPARTMENT. Ordinance No. 978, presented for consideration by the City Administration, regulates the use of firing ranges so as to exempt firing ranges operated by the Police Department of the city from provisions of Ordinance No. 31. This allows the Police Department to operate a firing range within the city. Following a discussion, a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", adopted the following captioned ordinance No. 978: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 31 SO AS TO EXEMPT FIRING RANGES OPERATED BY THE POLICE DEPARTMENT OF THE CITY OF FARMERS BRANCH FROM ITS PROVISIONS; PRO- VIDING A PENALTY NOT TO EXCEED TWO HUNDRED ( $200.00) DOLLARS; REPEALING ALL ORDINANCES OR PROVISIONS OF SUCH ORDINANCES IN CONFLICT HERE- WITH; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 10. - CONSIDER ORDINANCE NO. 980 - PROHIBITING UNAUTHORIZED MARKINGS AND PAINTING WITHIN PUBLIC RIGHTS-OF-WAY. Ordinance No. 980, presented for consideration by the City Administration, prohibits marking on public streets or rights-of-way within the City of Farmers Branch except for those persons working under contract to the City. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Flaherty, all voting "aye", adopted the following captioned ordinance No. 980: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PRO- HIBITING THE ATTACHMENT OF SIGNS, SYMBOLS, LETTERS, NUMERALS OR THE MARKING UPON, SPRAYING, BRUSHING, APPLYING OR OTHERWISE PAINTING UPON ANY PUBLIC RIGHTS- OF-WAY, STREETS, CURBS, EASEMENTS, OR ALLEYS WITHIN THE CITY OF FARMERS BRANCH; EXEMPTING CITY EMPLOYEES AND CONTRACTORS ACTING WITHIN A LAWFUL CONTRACT ENTERED INTO WITH THE CITY OF FARMERS BRANCH AFTER NEGOTIATING WITH THE DIRECTOR OF PUBLIC WORKS; PROVIDING A PENALTY AND INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. II. - CONSIDER ORDINANCE NO. 981 PROHIBITING PARKING ON A PORTION OF ALPHA ROAD. City Manager Paul West stated that the Finger Furniture Company and the Olin-Kraft, Inc., at the intersection of Inwood Road and Alpha Road, have contacted the Administration, requesting that the city look into a common parking problem between the two companies on Alpha Road. This parking causes problems in access to their property and at the same time is a hazardous area because of the manner in which the street is curved. Mr. West stated that adjacent property owners were notified by letter of the proposed restriction in parking and there have been no responses. Page 765. After some discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", adopted the following captioned ordinance No. 981: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PRO- HIBITING PARKING AT ANY TIME ON THE NORTH SIDE OF ALPHA ROAD FROM A POINT THREE HUNDRED SIXTEEN FEET WEST OF THE CENTERLINE OF INWOOD ROAD TO A POINT FIVE HUNDRED AND EIGHT FEET WEST OF THE CENTERLINE OF INWOOD ROAD; PRO- HIBITING PARKING AT ANY TIME ON THE SOUTH SIDE OF ALPHA ROAD FROM A POINT FOUR HUNDRED AND NINETY-SEVEN FEET WEST OF THE CENTERLINE OF INWOOD ROAD TO A POINT FIVE HUNDRED FORTY-FIVE FEET WEST OF THE CENTERLINE OF INWOOD ROAD; AUTHORIZING THE CITY MANAGER OR HIS REPRESENTATIVE TO POST SIGNS, PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ( $200.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 982 - PROHIBITING PARKING ON A PORTION OF HAVEN- HURST STREET. City Manager Paul West explained that in the past couple of months, the Administration has been contacted by various companies in the section of Havenhurst Street between Denton Road and I. H. 35. The last one to contact the city, was the Wagner Electric Sales Corp. at 2334 Havenhurst Street. Primarily the problem is parking along the north side of this street which is limiting access to the property on the south side of Havenhurst Street. This in turn involves the safety of the traffic throe this area. Mr. West state that adjacent property owners were notified by letter of the proposed restriction in parking and there have been no responses. After some discussion, a motion by Councilman Flaherty, a second by Councilman Binford, all voting "aye", adopted the following captioned ordinance No. 982: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PRO- HIBITING PARKING AT ANY TIME ON THE NORTH SIDE OF HAVEN- HURST STREET BETWEEN DENTON ROAD AND THE EAST SERVICE ROAD OF I.H. 34; AUTHORIZING THE CITY MANAGER OR HIS REPRESENTATIVE TO POST SIGNS, PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ( $200.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 13. - CONSIDER AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH M. K.T. RAILROAD COMPANY FOR DRAINAGE CORRECTION AT FRUITLAND STREET AND RICHLAND STREET. City Manager Pau West explained that a drainage problem has existed in the intersection of Fruitland Street and McClintock Street. The Administration hasmade a study of the conditions in order to determine some solution to alleviate the condition where water stands in this intersection after rains of limited size. The M.K.T. Railroad has been approached to permit the City of Farmers Branch to do certain items of construction and excavating within the limits of the railroad. The items involved are: to lower the intersection at Fruitland and McClintock to permit the water flowing in Fruitland from the east into the existing ditch within the railroad right-of-way; clean out the ditch within the railroad right-of-way to the south side of Richland Street; install a pipe of sufficient size to carry this water under Richland; and extend the existing Page 766. ditchline north to the existing ditchline within the railroad right-of-way. The Admin- istration feels that the City forces would not be close enough to the tracks to cause any hazardous conditions. Mr. West stated that it was the recommendation of the Administration that the City Council authorize the Mayor to execute the presented agreement, permitting the City to correct this drainage problem by direction of this water into the existing railroad ditchline, with City forces. After some discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", authorized the Mayor to sign an agreement with M.K.T. Railroad Company for drainage correction at Fruitland and Richland Streets. AGENDA ITEM NO. 14. - CONSIDER AWARDING CONTRACT FOR TRACTOR TO BE USED IN THE PARK DEPARTMENT. City Manager Paul West stated that specifications for a mowing tractor were mailed to four companies and four bids were received. Only two bids met the specifications. Mr. West recommended that the bid for the mowing tractor be awarded to the low bidder, Riverview Equipment Company in the amount of $3,995.14. After some consideration, a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", awarded the bid in the amount of $3,995.14 to Riverview Equipment Company for the mowing tractor. AGENDA ITEM NO. 15. - CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR 6 and 8 YARD CONTAINERS FOR THE SANITATION DIVISION. After some discussion, a motion by Councilman Flaherty, a second by Councilman Quevreaux, all voting "aye", authorized the Administration to advertise for bids for ten 6-yard and ten 8-yard containers for the Sanitation Division in the estimated amount of $6,100.00. AGENDA ITEM NO. 16. - CONSIDER AUTHORIZING THE APPROPRIATION OF FUNDS TO PURCHASE PLANT MATERIALS FOR DON SHOWMAN PARK. City Manager Paul West stated it was the recommendation of the Administration that the Council authorize the appropriation of funds in the amount of $1,850.00 from the Revenue Sharing Contingency Fund to purchase plant materials for the beautification of Don Showman Park. These materials will be used to landscape the area around the building and the new tennis courts. After some consideration, a motion by Councilman Binford, a second by Councilman McClung, all voting "aye", authorized the appropriation in the amount of $1,850.00 from the Revenue Sharing Contingency Fund for the plant materials for the beautification of Don Showman Park. AGENDA ITEM NO. 17. - CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR INSTALLATION OF EQUIPMENT FOR IMPROVEMENT AT THE BELT-MARSH PUMP STATION. City Manager Paul West stated that the Administration requests the City Council to authorize the advertisement for bids for the installastion of an 1800 gallon per minute pump, the installation of pressure relief equipment, furnishing and installation of flow meters for each of the individual pumps and furnishing of all the other necessary fittings and construction for this work. Page 767. After some discussion,a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", authorized the administration to advertise for bids for the installation of equipment for improvement at the Belt-Marsh Pump Station. AFTER SHORT RECESS, THE COUNCIL WENT INTO THE EXECUTIVE SESSION. AGENDA ITEM NO. 18. - EXECUTIVE SESSION. a. Discuss Land Acquisitions - Stovall Property City Manager Paul West reported that the Commissioners awarded Mr. John Stovall $15,000.00 for the land the city condemned for right-of-way needed for the widening of Valley View Lane between Webb Chapel Road and Templeton Trail. Mr. West stated that in order to get possession of this property , the city needs to put into the Court's Register the amount of the Commissioners Award. After some discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", authorized that $15,000.00 be placed into the Court's Register for the Stovall property. a. Discuss Land Acquisitions - Lell Woody Property City Manager Paul West reported that the Commissioners awarded Mr. Lell Woody $1,500.00 for the land the city condemned for right-of-way needed for the widening of Valley View Lane between Webb Chapel Road and Templeton Trail. Mr. West stated that in order to get possession of this property, the city needs to put into the Court's Register the amount of the Commissioners' Award. After some discussion, a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", authorized that $1,500.00 be placed into the Court's Register for the Lell Woody property. COUNCIL.RECONVENED TO OPEN SESSION AT 8:29 P.M. AGENDA ITEM NO. 4. - CONSIDER RATE INCREASE REQUESTED BY TEXAS POWER AND LIGHT COMPANY; AND, AGENDA ITEM NO. 5. -CONSIDER FRANCHISE TAX REQUEST BY TEXAS POWER AND LIGHT COMPANY. Councilman Quevreaux asked to be excused from this discussion because of being employed with another utility company. The Council recognized Councilman Quevreaux's request and excused him. Mr. John Prickette, District Manager of Texas Power and Light Company, presented a request for a general rate adjustment. He stated that this adjustment will mean an overall increase of 10%. Mr. Prickette outlined his company's position of how they are doing everything possible to provide Farmers Branch with the same quality of electric service in the future as they have in the past, and how it's costing T.P. and L. more to do so. He gave some past history of the operations of his company. He stated because of the cost of natural gas going higher and being in short supply, natural gas and fuel oil cannot be considered as a reliable source of fuel for generating electricity. He stated that they Page 768. must switch fuels. He told of the use of lignite and of the construction of their lignite-fueled plants. He said that his company is making the transition from natural gas and oil, to lignite and nuclear energy. He stated that lignite and nuclear fuel is available and costs less than gas or oil, but the plants cost much, much more. He reported that lignite plants cost three times as much to build as their gas/oil plants, and nuclear plants cost four to five times as much. He stated that the construction costs alone are immense and this cost is compounded by adding expensive environmental equipment. Mr. Prickette reported that in the first 61 years of the Company's history, they spent $1 billion on construction, and T.P. and L.'s expenditures for new construction will be at least $1 billion, probably $1.5 billion between now and 1982. He stated that more than 60% of this enormous amount of money must be raised by selling new securities to investors bonds, preferred stock and common stock. He stated that in order to sell these securities, T.P. and L. must have earnings sufficient to pay the interest and dividends on bonds and preferred stocks plus earn a sufficient return on common stock equity to attract the vast amount of capital which will be required. Mr. Prickette stated that the electric load in their service area is doubling every 6 to 7 years. It takes about six years to plan and build a lignite plant, 8 to 10 years for a nuclear plant. Therefore, T.P. and L. is raising and spending money now for construction of plants that will not be generating electricity until the late 1970's and early 1980's. Mr. Prickette stated that the tremendous increase in construction costs, coupled with the dramatic rise in the cost of money necessary to finance these plants, are the principal reasons why the cost of producing electricity has risen and will continue to rise , and why this rate increase is necessary. Mr. Prickette displayed comparable charts over the past 10 years showing the following: Customers Served, KWH Use Per Residential Customer, Price Per Average KWH-Residential, Cost of Living, Total Investment in Facilities, Investment Per Customer, Construction Expenditures of T. P. and L., Source of Investment Funds, Interest Rates As Of Dates Secured, Interest on Long Term Debt, and Interest Coverage. (Charts are attached for your information.) Mr. Prickette's concluded remarks are attached to this page for record. Mayor Grimmer opened the discussion to the Council. There was not anyone in the audience that wanted to participate in the discussion. There was discussion of certain charts being made available to the press. There was a discussion on stockholders dividends. There was discussion that the average increase for Farmers Branch customers will be between 9% to 10%. Mr. Prickette explained that the steps of the rates have been revised. Page 769. There was discussion on the request to increase Texas Power and Light Company's franchise taxes by 50%, from 2% of gross receipts to 3%. Mr. Prickette explained that T. P. and L. was offering the 3% franchise tax to all the cities within their service area. He stated that the 3% tax is raised entirely in Farmers Branch and T. P. and L. feels they can return this money to the city for use in streets, parks, and etc. Mr. Prickette pointed out that if the 3% is not accepted, this would not have any effect on the rates proposed. There was discussion on the fuel adjustment clause that is in the ordinance. After more discussion, a motion by Councilman McClung, a second by Councilman Flaherty, all voting "aye", adopted the following captioned ordinance No. 984: AN ORDINANCE APPROVING CERTAIN RATE SCHEDULES FILED BY TEXAS POWER AND LIGHT COMPANY IN THE CITY OF FARMERS BRANCH, TEXAS, AND PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN. After some discussion, a motion by Councilman Linn, a second by Council- man McClung, all voting "aye", adopted the following captioned ordinance No. 983: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, CHANGING THE ADDITIONAL CHARGE ON TEXAS POWER AND LIGHT IN AN AMOUNT EQUAL TO 3% OF ITS ANNUAL GROSS REVENUES FROM SALES OF ELECTRICAL POWER AND ENERGY IN THE CITY OF FARMERS BRANCH; REPEALING SECTION 5 OF ORDINANCE NO. 3; REPEALING SECTION 1 OF ORDINANCE NO. 419. AGENDA ITEM NO. 19. - ADJOURNMENT. Upon a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", adjourned the City Council meeting of November 19, 1973 at 9:25 P.M.. a or org FG. rimmer City S re tary J. W. Wade Page 770.