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1982-08-30 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING AUGUST 30, 1982 7:30 P.M. COUNCIL CHAMBER POLICE BUILDING The following members of the City Council were present: Mayor Mayor Pro Tem Council Members John Dodd Carol Dingman David Blair Fred Johnson Bill Glancy Herb Weidinger The following members of the City Administration were present: City Manager City Secretary City Attorney Recording Secretary Paul M. West J. W. Wade John Boyle Ruth Ann Parish Mayor Dodd called the City Council meeting of August 30, 1982 to order at 7:30 P.M. The meeting was televised. AGENDA ITEM NO. A.1-INVOCATION. Reverand Judy Cooper, a Farmers Branch resident and an Associate Pastor of United Methodist Church in Irving, gave the invocation. AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AWARDS. Mayor Dodd presented William R. Colwell, Jr., of the Fire Department, a 5 year service award. Mayor Dodd presented Olen A. Nienstedt, of the Street Division, a 5 year service ward. EMERGENCY ITEM DECLARED. Councilman Johnson made a motion to declare an emergency and place on the agenda as Item No. C.13-Consider Request for Civic and Philanthropic Use by the Kiwanis Club and Take Appropriate Action. Vol. 37, Page 123 Councilman Weidinger seconded the motion with all members voting "aye". The motion carried. The emergency item was placed on the agenda as Agenda Item No. C.13. MAYOR DODD RECOGNIZED COUNTY COMMISSIONER JIM JACKSON IN ATTENDANCE. AGENDA ITEM NO. B.2-PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd explained that this item is placed on the agenda to give citizens an opportunity to present applications to the Council for serving on any of the various advisory boards. Mrs. Gracy Smith, 2811 Bay Meadow, presented an application to the Council desiring to serve on the Library Board as a first choice. Mrs. Smith stated that her second choice was the Parks and Recreation Board. AGENDA ITEM NO. B.3-PRESENTATION OF SLIDE PROGRAM GIVEN BY THE FARMERS BRANCH BUSINESS CHAMBER OF COMMERCE. Mayor Dodd recognized Mr. Ray Flaherty, a representative of the Business Chamber of Commerce. Mr. Flaherty introduced the President, Ms. Sharon Venable, and Manager, Ms. Janey Scarborough, of the Business Chamber of Commerce. He also introduced Ms. Susie Bowman, of the North Dallas Chamber of Commerce. Mr. Flaherty presented a slide program on the transportation needs and problems in the Farmers Branch area. AGENDA ITEM NO. B.4-CONSENT ITEMS. Mayor Dodd explained that under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the Council or member of the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is being established in order to speed up discussion for those items that need more time for discussion. Councilman Blair asked that Item B-4-c. be taken out of Consent Items and be added to the agenda as Item B.5. Councilman Johnson made a motion, Councilman Glancy seconding, all voting "aye", that the following consent items be approved with the exception of B-4-c. which was added to the agenda as Item B.5. a. Approved the minutes of the August 2, 1982 regular meeting. Approved the minutes of the August 23, 1982 special meeting. Vol. 37, Page 124 b. Approved the following captioned Ordinance No. 1384 prohi- biting truck traffic on Bee Street from Wicker Street to Valwood Parkway. "An Ordinance Of The City Of Farmers Branch, Texas Prohibiting Truck or Trailer Exceeding Manufacturer's Rated Carrying Capacity of 3/4 Ton on Bee Street Between Wicker Street and Valwood Parkway; Providing For Exceptions; Providing for Installation of Signs; Providing a Penalty Clause; Providing A Severability Clause; And Declaring An Emergency." C. Moved to become Item B.5. d. Approved the request by Lloyd D. Blaylock for final plat approval. e. Joined the other TML cities in a joint presentation before the Public Utility Commission with regards to Southwestern Bell's rate request. f. Renewed the Contract of Services between the University Health Science Center of Dallas and the City of Farmers Branch Fire Department. g. Entered into Contract with the County of Dallas to provide fire protection and fire rescue ambulance service. ITEM NO. B.5-AWARDING BID FOR THE CONSTRUCTION OF FENCING FOR DON SHOWMAN PARK BALLFIELD. Mayor Dodd opened the discussion with the following information from a Administrative memo. Bid packets were sent to five vendors. Two bids were received. The low bidder meeting specifications was Paul's Fence Company, in the amount of $21,020.99. Anchor Post Products of Texas bid was for $26,576.01. The amount budgeted for this item is $35,000. Councilmembers discussed whether the fence was considered a Capital Improvements Project or was in the operating funds and whether a fence better constructed than the present fence would last longer than 10 years. Councilman Blair made a motion to award the bid for the construction of fencing for Don Showman Park Ballfield in the amount of $21,020.99• Councilman Weidinger seconded the motion with all members voting "aye". The motion carried. The bid was awarded to Paul's Fence Company. C Vol. 37, Page 125 ITEM N0. C.1-HEAR REQUEST FOR FUNDS FROM THE FAMILY OUTREACH OF NORTHWEST DALLAS COUNTY AND AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. This item was placed on the agenda at the request of Mrs. Sara Hill, President of the Family Outreach of Northwest Dallas County. Mayor Dodd recognized Mr. Michael Mims, representing the organiza- tion's request. Mr. Mims introduced himself and Sara Hill as volun- teers for Family Outreach, located at 2725 Valley View. He stated that the organization was requesting $14,600. to help support their needs involving help for families with problems. He stated that Family Outreach particulary worked with physically and mentally abused children and their families. Councilmembers discussed the services of the organization which included legal fees for people unable to afford them, taking in abused children, counseling of families and offering counseling courses. Ms. Hill stated that Family Outreach employed one professional counselor and a part-time secretary. She stated that neighboring cities would also be approached for funds. Ms. Hill stated any funds received from the City of Farmers Branch would be spent on citizens of Farmers Branch and children in the Carrollton-Farmers Branch school district. mayor Dodd pointed out that the requested $14,600. was for additional services that were not available in other cities. After no further questions, Mayor Dodd stated that the request for funds for the Family Outreach of Northwest Dallas County would be taken into consideration for the 1982-83 budget. ITEM NO. C.2-PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ON A TRACT OF LAND BOUNDED BY L.B.J.. FREEWAY ON THE SOUTH SIDE, SIMONTON ROAD ON THE NORTH SIDE, MIDWAY ROAD ON THE WEST SIDE, AND INWOOD ROAD ON THE EAST SIDE FROM ITS CURRENT ZONING OF LIGHT INDUSTRIAL LI TO A PLANNED DEVELOPMENT PD ZONING DISTRICT AND ANY OTHER DISTRICT WHICH S MORE RESTR Mayor Dodd opened the public hearing by giving the following infor- mation from an adminstratitive memo. On August 23, 1982, the Planning and Zoning Commission continued this public hearing until the traffic study of Farmers Branch could be completed. The public hearing proce- dure requires that the Planning and Zoning Commission make a recommen- dation to the City Council before any action can be taken be the Council. The Planning and Zoning Commission recommended that the public hearing be continued until the next Council meeting following the September 20, 1982 Planning and Zoning Commission meeting. Vol. 37, Page 126 Councilman Blair made a motion to continue the public hearing until the October 4, 1982 meeting. Councilman Glancy seconded the motion with all members voting "aye". The motion carried. The item was con- tinued until the October 4, 1982 meeting. ITEM NO. C.3-DISCUSS PROPOSED DEVELOPMENT OF PROPERTY AT JOSEY LANE AND DENNIS LANE AND ALL RAMIFICATIONS INVOLVED. Mayor Dodd opened the discussion with the following information from an administrative memo. This item was placed on the agenda at the request of Don Erickson, 13876 Birchlawn. Mayor Dodd recognized Don Erickson. Mr. Erickson stated that at the City Council meeting of July 26, 1982 a Mr. Robert E. Peterson, on behalf of Brovant Properties, presented a request for a Housing Finance Corp. which was formed. Mr. Erickson stated that the purpose of the request was to build a 216 unit apartment complex for low- income housing to be located at Dennis and Josey. Mr. Erickson also stated that the homeowners in the area objected to the following: 1. Money being made from bonds that the citizens did not benefit from. 2. Apartments are not quality housing for the future. 3. City should not enter into Federal programs. 4. Renters have no interest in the community. 5. Bond rating default needs to be looked into. 6. Lower property values. 7. Detrimental to the businesses and residences in the Valwood area. 8. Need for more publicity on the public hearing for the Housing Finance Corp. 9. Traffic onto Dennis across from Mary Immaculate Church would increase. 10. Look into the impact of providing city services, fire zones, school, and police. Mr. Erickson asked that the Council look into the situation before making any further motions. Vol. 37, Page 127 The Council discussed this type of apartment housing that might pro- vide school teachers and elderly people with an economical place to live, the housing not being Federally funded, the apartment complex actually helping to revive the Valwood area and the property being zoned multi-family (MF-2) since 1969. J The City Attorney, John Boyle, stated that if there was a default in the bonds there would be no adverse reaction to the City's current bond rating unless there was a massive and total downturn of the eco- nomy. He stated that the City's credit rating was not involved. He also stated that the Federal government could change the law on the percentages of low income housing for future projects, but that once the bonds were issued for this particular housing project they would remain unchanged. Mayor Dodd recognized Mr. John Glasschroeder, of 3322 Arawak Place. Mr. Glasschroeder stated that at the last Council meeting a statement was made that the citizens in the surrounding area of the proposed apartment complex were in favor of this project. Mr. Glasschroeder asked that the Council put this project on hold until further infor- mation and citizen input could be obtained. Mayor Dodd recognized Mrs. Shirley Holy, 13906 Dennis. Mrs. Holy stated that the traffic on Dennis was a problem. She suggested that the property be bought by the City and developed as a park and asked how this could be accomplished. There followed discussion by the members of the Council relating to acquiring the property for park purposes. MAYOR DODD RECOGNIZED STEVE BARTLETT. HOUSE REPRESENTATIVE ELECT. ITEM NO. C.4-PUBLIC HEARING TO CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR 2 PARKING LOTS. REQUESTED BY THE FARMERS BRANCH HOSPITAL AUTHORITY FOR THE PROPERTY LOCATED AT 12100 WEBB CHAPEL ROAD IN THE PD-18 0 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the public hearing with the following information from an Administrative memo. This is a continuation of the July 26, 1982 meeting. The item was continued until a recommendation could be made by the Planning and Zoning Commission. The Farmers Branch Hospital Authority is requesting site plan approval to construct a 254 space parking lot to be located on the east side of the existing hospital and a 79 space parking lot located on the west side of the campus behind the Exxon Service Station. The Planning and Zoning Commission recommends to the Council that the site plan be approved. Mayor Dodd recognized Jack Bailey, 2 Lost Valley Lane, representing the Farmers Branch Hospital Authority. Mr. Bailey stated that the Hospital was asking for the parking lots to handle the building expan- sion which will be constructed this fall. Vol. 37, Page 128 Mayor Dodd recognized Mrs. Cheryl Howerton, 3657 Morningstar Circle. Mrs. Howerton expressed concern about the dumpster location on the parking lots and where delivery vehicles will park. Mr. Bailey answered by stating that dumpster access and delivery vehicles would not be used on the parking lots. There being no one else wishing to speak, Councilman Weidinger made a motion to close the public hearing. Councilman Blair seconded the motion with all members voting "aye". The public hearing was closed. Councilman Blair stated that the Planning and Zoning Commission thoroughly discussed the Hospital's proposals and he relied on the Commission's recommendation for approval. Councilwoman Dingman questioned the level of construction used, parking spaces required and proposed and then made a motion to con- tinue the item until the Council received the parking study from Planning and Zoning. The motion died for a lack of second. Mayor Dodd recognized Mark Pacheco, of Powell and Powell Engineers. Mr. Pacheco stated that firelanes would be chained off. He stated that the handicapped parking would be unpaid parking and signs could be erected `stating that. Councilman Johnson made a motion to approve the site plan as sub- mitted. Councilman Blair seconded the motion with Councilmembers Johnson, Blair, Weidinger and Glancy voting "aye" and Councilwoman Dingman voting "nay". The motion carried by a 4 to 1 vote. The site plan was approved as submitted. ITEM NO. C.5-CONSIDER REQUEST BY FARMERS BRANCH HOSPITAL AUTHORITY FOR FINAL PLAT APPROVAL OF DEDMAN MEDICAL CENTER AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. This tract of land is located on the south side of Maybrook Drive, approximately 250 feet east of Webb Chapel Road and is in a PD-18 (0) zoning district. This property is being platted to create a site for additional expansion to an existing building and provide parking for the building. A site plan and preli- minary plat have been approved for this development. This final plat has been reviewed by the Engineering Division and it complies with the City's requirements for final plat approval. The Planning and Zoning Commission recommends to the Council that this final plat be approved. Mayor Dodd recognized Jack Bailey, representing the Farmers Branch Hospital Authority. Mr. Bailey requested approval of the final plat. Vol. 37, Page 129 Mayor Dodd recognized Mrs. Cheryl Howerton, 3657 Morningstar. Mrs. Howerton asked if there was free parking allowed for visiting doctors and staff to the complex. Mr. Bailey answered that parking tickets would be stamped for visitors to the complex. Councilman Glancy made a motion to approve the request for final plat. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried. The final plat was approved. ITEM NO. C.6-CONSIDER REQUEST BY FARMERS BRANCH HOSPITAL AUTHORITY FOR FINAL PLAT APPROVAL OF EAST CAMPUS AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information. This tract of land is located on the north side of I.H. 635 (LBJ), between Maybrook Drive and Templeton Trail, and is in a PD-18 (0) zoning district. A site plan and preliminary plat have been approved for this development. An existing Developer's Contract covers this tract of land. This final plat has been reviewed by the Engineering Division and it complies with the City's requirements for final plat approval. The Planning and Zoning Commission recommends to the Council that this final plat be approved. Mayor Dodd recognized Jack Bailey, representing the Farmers Branch Hospital Authority. Mr. Bailey requested approval of the final plat. Mayor Dodd recognized Mrs. Cheryl Howerton, 3657 Morningstar. Mrs. Howerton expressed concern about a chain link fence being installed around the property to keep people from parking along Myra. Mr. Bailey answered that a chain link fence would conclude at Myra Lane between residences and Hospital property. He also stated that there would be landscaping with berming and shrubs. The Council instructed the Administration to initiate the proper pro- cedure on abandoning the street rights-of-way south and west sides adjacent to the Chapel Hill Methodist Church but to maintain easement rights. Councilman Johnson made a motion to approve the final plat of the East Campus of the hospital. Councilman Blair seconded the motion with all members voting "aye". The motion carried. The final plat was approved. ITEM NO. C.7-CONSIDER REQUEST BY FARMERS BRANCH HOSPITAL AUTHORITY FOR FINAL PLAT APPROVAL OF LUTHER PLACE. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. This tract of land is located on the south side of Myra Lane, between Eunice Street and Amsterdam Road and is in an R-6 (Residential) zoning district. A site plan and prelimi- nary plat have been approved for this development. This tract of land Vol. 37, Page 130 is covered by an existing Developer's Contract. This final plat has been reviewed by the Engineering Division and it complies with the City's requirements for final plat approval. The Planning and Zoning Commission recommends that this final plat be approved. Mayor Dodd recognized Mr. Jack Bailey, representative of Farmers Branch Hospital Authority. Mr. Bailey stated that this request relates only to the site work development as a part of the Developer's Contract with the City of Farmers Branch and needed to be a separate action because the property was zoned residential. Mayor Dodd recognized Mrs. Cheryl Howerton, 3657 Morningstar. Mrs. Howerton questioned if there was any construction planned for the pro- perty. Mr. Bailey answered that this request was for site work and the Hospital Authority was not asking to change zoning or for approval of any construction. Councilman Blair made a motion to approve the request for final plat of Luther Place. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried. The final plat was approved. ITEM NO. C.8-PUBLIC HEARING TO CONSIDER A TAX RATE FOR 1982. Mayor Dodd opened the public hearing by giving the following infor- mation from an Administrative memo. This public hearing is required by state law even though the tax rate is proposed to be reduced from $.425 per $100.00 of assessed value in 1981 to $.40 per $100.00 of assessed value in 1982. Additionally, the City Council has granted a 40% homestead exemption for 1982. Mayor Dodd recognized Mr. Jim Smith, 2811 Bay Meadow. Mr. Smith asked what was the procedure for filing for homestead exemption. Mayor Dodd explained the procedure of filing for homestead exemption. Mayor Dodd suggested that any questions that citizens had about homestead exemption be directed to City Hall. Councilman Glancy made a motion to close the public hearing. Councilman Blair seconded the motion with all members voting "aye". The motion carried. The public hearing was closed. Councilman Johnson made a motion to set the tax rate at the September 13, 1982 meeting. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried. The tax rate will be set at the September 13, 1982 meeting. ITEM NO. C.9-CONSIDER REQUEST FOR SITE PLAN APPROVAL. REQUESTED FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF LUNA ROAD AND ROYAL LANE IN THE PD-22 LI ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Vol. 37, Page 131 Mayor Dodd opened the discussion by giving the following information from an Administrative memo. A site plan has been submitted by J. P. Owen & Company for a series of office/showroom buildings to be located on the property at the northeast corner of Luna Road and Royal Lane in the PD-22 (LI) zoning district. Site plan approval is required before building permits can be issued. The Planning and Zoning Commission recommended to the Council that the site-plan be approved with the condition that a detailed landscape and irrigation plan along with the proposed sign details be brought back to the Planning and Zoning Commission for approval within 30 days. Mayor Dodd recognized Mr. J. P. Owen, owner of J. P. Owen and Co. Mr. Owen stated that he was aware of the condition of approval recommended by the Planning and Zoning Commission and was in agreement. Councilman Johnson made a motion that the site plan submitted by J. P. Owen and Co. be approved with the condition that a detailed landscape and irrigation plan along with the proposed sign details be brought back to the Planning and Zoning Commission for approval within 30 days. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried. The site plan was approved with one condition. ITEM NO. C.10-CONSIDER REQUEST FOR LOCAL RATE INCREASE BY LONE STAR GAS COMPANY AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Lone Star Gas Company filed a statement of intent to increase local rates on August 11, 1982• The estimated annual increase is $308,777.00 or approximately 5.6%. A resolution introduced by Lone Star Gas Company will request the City Council authorize the City Manager to engage the services of a Rate Consultant to assist the City Staff in making a recommendation on this request. The Public Utility Regulatory Act requires a public hearing on the requested increase. The resolution to suspend the rate request will permit the City Council to set the date for a public hearing and publications made. Without this extension, Lone Star Gas Company could place the proposed rates in effect after September 15, 1982. Mayor Dodd recognized Mrs. Mary Jean McCarthy, District Manager of Lone Star Gas for the Carrollton, Farmers Branch and Addison area. Mrs. McCarthy explained the need for a rate increase. She stated that the rate increase was needed in order for Lone Star Gas to recover its expenses and also to provide them with the opportunity to earn a good rate of return upon investment. Mrs. McCarthy also stated that Lone Star Gas was requesting a temporary rate increase to allow the Council time to study the request. After some discussion concerning the gas usage by citizens, what impact the rate increase would have on citizens and the expense and Vol. 37, Page 132 procedures of employing a Rate Consultant, Councilman Johnson made a motion to approve Resolution #82-014 and authorize the City Manager to engage the services of a Rate Consultant. Councilman Blair seconded the motion with all members voting "aye". The motion carried. The Council approved Resolution #82-014 and authorized the City Manager to engage the services of a Rate Consultant. ITEM NO. C.11-CONSIDER GRANTING LONE STAR GAS COMPANY'S REQUEST FOR TEMPORARY RATE INCREASE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Lone Star Gas Company has requested passage of an ordinance which would grant a temporary rate increase equal to approximately 5.6% on an annual basis. The rates would be effective after September 10, 1982 and until the City Council grants a final rate after a public hearing and consideration of the requested rate increase. Any over collections will be refunded to customers over a 120 day period following the final rate determination. The granting of this temporary rate request would provide Lone Star Gas Company with a rate increase without first hearing from the citizens. Lone Star is aware of the rate procedure established by the Public Utility Regulatory Act and should there have been a need for emergency rate relief it should have been filed on an earlier date. The test year ended on December 31, 1981. The City Staff recommends to the Council that the Ordinance proposed by Lone Star Gas not be approved. Councilman Johnson made a motion to deny the request for temporary rate increase. Councilwoman Dingman seconded the motion with all mem- bers voting "aye". The motion carried. The request for temporary rate increase was denied. ITEM NO. C.12-CONSIDER SETTING DATE FOR A PUBLIC HEARING ON LONE STAR GAS COMPANY'S RATE REQUEST AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Lone Star Gas Company filed a statement of intent to increase rates by $308,777.00 per annum on August 11, 1982. The Public Utility Regulatory Act requires the City Council hold a public hearing on this request. The hearing must be called within 30 days for receipt of the request to increase rates. The City Staff recommends to the Council that the public hearing be held on October 18, 1982. Councilman Weidinger made a motion to hold the public hearing on October 18, 1982. Councilwoman Dingman seconded the motion with all members voting "aye". The motion carried. The public hearing will be held on October 18, 1982. ITEM NO. C.13-CONSIDER REQUEST FOR CIVIC AND PHILANTHROPIC USE BY THE KIWANIS CLUB AND TAKE APPROPRIATE ACTION. Vol. 37, Page 133 Mayor Dodd opened acknowledging Mr. Northwest Kiwanis requesting to hol the 13.6 acres on Club proposed to the discussion of the Emergency Jerry Spalding and Mr. Tom Edwa Club. Mr. Spalding stated that i a fund-.raising carnival on the Dennis Street near Josey Lane. use Crouch and Sons Carnival. Item by rds, representing the the Kiwanis Club was property located on He stated that the Mr. Edwards, President of the Kiwanis Club, stated that there are 34 members in the Club. He stated that all members would be working with the carnival to police the area for safety to the citizens and would help clean up the area after the carnival. Mr. Edwards stated that there was a contract between the property owner and the carnival owner that the land would be returned to the property owner in the condition that it was first used. Mr. Spalding stated that the days and hours of the carnival would pro- bably be Monday through Thursday, 5:00 to 10:00, and Friday and Saturday, 5:00 to 11:30. The Councilmembers discussed the length of time the carnival would be held, type of damage insurance offered, the noise to the neighborhood, dresscodes for the employees, parking, the types of games of chance used, and the property the carnival would be placed on. Also brought up in the discussion was the Kiwanis receiving 10% of the gross receipts. After more discussion of the location proposed, Councilman Johnson made a motion to deny the request. Councilman Blair seconded the motion with all members voting "aye". The motion carried. The Council denied the request for a carnival and suggested that the Kiwanis Club locate another place for the carnival. Mr. Edwards requested to be placed upon the September 13, 1982 agenda. ITEM NO. D.1-DISCUSS ELEVATION OF PROPOSED REPLACEMENT BRIDGES ON JOSEY LANE AT FARMERS BRANCH CREEK AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The City Staff has prepared information on three alternative elevation locations for the proposed replacement bridges on Josey Lane at Farmers Branch Creek. The City Staff recommended to the Council that the proposed replace- ment bridges on Josey Lane be constructed with the lowest structure of the bridge one foot (11) above the projected one hundred year flood plain elevation. Mayor Dodd recognized Jack Pugh, of 2889 Millwood Circle. Mr. Pugh stated that he had attended the meeting held at the Library and was rJ Vol. 37, Page 134 disturbed at the proposed plans. He specifically objected to the 7 ft. raising of the bridges. He recommended the use of reinforced concrete instead of raising the bridges. Mayor Dodd recognized Mae Alfield, 2834 Millwood Circle. Ms. Alfield stated that she was opposed to the raising of the bridges to 7 ft. She was concerned about the flood plain and also keeping the park area attractive. She stated that she would be in favor of a 3 to 4 ft. raising. Mayor Dodd recognized the City Engineer, Earl Deland. Mr. Deland stated that there would be reconstruction along Millwood for approxi- mately 150 ft. west from Josey. He stated that the street level would be matched on the western end of the reconstruction and the Josey intersection raising them approximately 3 ft. He stated that the only way to leave the intersections at there present level would be to raise the bridges to one foot (11) above the 10 year flood plain ele- vation. Councilmembers discussed the different aspects of the three alter- natives including the aesthetics to the parks, the drainage study and different ways to modify the flood plain through channelization. Mayor Dodd recognized Mrs. Wanda Leach, of 2829 Reedcroft. Mrs. Leach stated that she was in favor of a moderate raising of the bridge to keep Mallon Park beautiful. Mayor Dodd recognized Mr. Jerry Parks, of 2710 Farmers Branch Lane. Mr. Parks asked if the bridge was raised above 100 flood plain eleva- tion what effect would this have on the residences below the bridge and doesn't the bridge act as a dam right now. Mayor Dodd recognized lair. Elmer Klofpenstein, of 2816 Millwood Dr. Mr. Klofpenstein stated that he felt that if the railroad bridges that dammed up the water on both sides were improved there would be no need to raise the bridges more than 4 ft. Mayor Dodd recognized Mr. Jack Pugh, of 2889 Millwood Circle. Mr. Pugh stated that the bridge was installed in 1957 and the 100 year flood plain elevation had not changed. He asked why something must be done to the bridges. Mayor Dodd stated that the 100 year flood plain elevation had changed and that is why the City had gone to the expense of having a drainage study. Mayor Dodd recognized the City Engineer, Earl Deland. He stated that downstream improvements included removal of the dam in Mallon Park, removal of the dam between Ford Road and Mallon Park, flattening the slide slopes of the channel and putting in a grass lined channel. Vol. 37, Page 135 Councilman Weidinger made a motion to authorize the City Staff to review with Freese and Nichols the downstream improvements that could be made. Mayor Dodd recognized the City Engineer, Earl Deland. He stated that if the City met with Freese and Nichols about the downstream improve- ments they could come up with some information in approximately two days. Councilwoman Dingman asked to make an amendment to the motion to look at the impact on the streets and especially the property located adja- cent to the bridge. Councilman Weidinger accepted the amendment. Councilman Blair seconded the motion with Councilmembers Weidinger, Dingman, Blair and Johnson voting "aye" and Councilman Glancy voting "nay". The motion carried. The Council authorized the City Staff to review with Freese and Nichols the downstream improvements that could be made and look at the impact on the streets and especially the pro- perty located adjacent to the bridge. ITEM NO. D.2-CONSIDER ORDINANCE NO. 1395 DETERMINING AND DECLARING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE PAVING AND IMPROVEMENT OF MARSH LANE, AND MAKING PROVISIONS FOR LEVYING ASSESSMENTS AGAINST ABUTTING PROPERTY AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. To abide by the legal statutes regu- lating the enactment of assessment paving projects, it is necessary that the City Council pass an ordinance determining and declaring the need for the paving and improvements of a street. This ordinance would provide for the City to determine and declare the necessity for, and orders and provides for, the paving and improvement to that sec- tion of Marsh Lane from Brookhaven Club Drive to Beltline Road. The City Staff recommends that this ordinance be adopted. Councilman Weidinger made a motion to adopt Ordinance ;#1395. Councilman Blair seconded the motion with all members voting "aye". The motion carried. The Council adopted the following captioned Ordinance #1395: "An Ordinance Determining and Declaring the Necessity for and Ordering and Providing for the Paving and Improvements of Portions of Certain Streets in the City of Farmers Branch, Dallas County, Texas to Wit: Marsh Lane from South Right-of-Way Line of Brookhaven Club Drive to the South Right-of-Way Line of Beltline Road; Approving Plans and Specifications for Such Work and Improvements; Directing the Director of Public Works of the City of Farmers Branch to Prepare Estimates of the Total Cost of such Making Provisions for the Levying of Assessments Against Abutting Property and the Owners Thereof for a Part of the Cost of Such 11 Vol. 37, Page 136 Improvements; Providing for the Collection of Such Assessment; and Providing for Sundry Other Matters Incident Thereto; and Declaring an Emergency." ITEM D.3-CONSIDER A RESOLUTION ESTABLISHING A MORATORIUM OF ISSUING BUILDING PERMITS WITHIN A PORTION THE GOOD ESTATES LYING WITHIN THE FLOOD PLAIN. Mayor Dodd opened the discussion with the following information from an Administrative memo. Based upon the recent drainage study, and an additional investigation by the City Staff, it has been determined that portions of the Good Estates lies within the 100 year flood plain. The Good Estates is located at the northwest corner of the intersection of Ford Road and Farmers Branch Lane. The Good Estates is being developed with single family residential lots. Eleven lots either lie entirely or partially within the 100 year flood plain. Resolution ##82-012 has been prepared establishing a moratorium on issuing building permits on those portions of lots lying within the 100 year flood plain. Investigation of the Good Estates indicates that there are two existing homes within the flood plain. The finished floor elevations of the homes are above the 100 year flood plain, however, the elevations of the lots are below the 100 year flood plain level. Mr. Jerry Parks' company, Regal Dimensions, has been notified of the 100 year flood plain findings and of the possibi- lity of a moratorium being established by the City Council at the August 30 Council meeting. Mayor Dodd recognized Mr. Jerry Parks, 2710 Farmers Branch Lane. Mr. Parks stated that he was agreeable to a moratorium on issuing building permits to Good Estates unless the sites were out of the 100 year flood plain elevation. Councilman Johnson made a motion that the City Staff not issue any building permits for the Good Estates unless the building site is out of the 100 year flood plain elevation as in Freese and Nichols' report and the floor elevation is 1 foot above the flood plain. Councilman Blair seconded the motion with all members voting "aye". The motion carried. ITEM NO. D.4-CONSIDER ORDINANCE NO. 1394 ESTABLISHING REGULATIONS FOR THE KEEPING OF FOWL AND OTHER UNDOMESTICATED ANIMALS. Mayor Dodd opened the discussion with the following information from an Administrative memo. The City has recently received complaints concerning a residence who maintains at least 40 chickens in a pen within her backyard. Current ordinances do not establish a limit on the number of chickens or fowl that can be kept within residential areas nor does it establish or prohibit wild animals from being kept within residential areas. Vol. 37, Page 137 Councilman Weidinger made a motion to adopt Ordinance No. 1394, establishing regulations for the keeping of fowl and certain type pro- hibited animals. Councilman Johnson seconded the motion with all mem- bers voting "aye". The motion carried. The Council adopted the following captioned Ordinance No. 1394: "An Ordinance of the City of Farmers Branch, Texas, Making It Unlawful to Keep Prohibited Animals Within the City; Regulating the Keeping of Fowl and Rabbits Within the City; Providing for the Enforcement of This Ordinance; Providing for a Penalty of Fine Not to Exceed the Sum of Two Hundred Dollars ($200.00) for Each Offense; Providing a Severability Clause; Providing for Injunctive Relief; and Declaring an Emergency." ITEM NO. D.5-DISCUSS CITY COUNCIL MEETING DATES FOR MONTH OF SEPTEMBER AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The meeting dates for the month of September have previously been set for the 13th and 27th. It appears that a majority of the Council members will be attending the Chamber of Commerce tour at the time of the 27th meeting. Councilman Weidinger made a motion to set one meeting date for the Council September 13, 1982, and, if need, a special session be called for items of necessity. Councilman Blair seconded the motion with all members voting "aye". The motion carried. The Council meeting date for September will be September 13, 1982. ITEM NO. D.6-DISCUSS APPOINTING A CITIZENS COMMITTEE TO STUDY DRAINAGE AND TAKE APPROPRIATE ACTION. Mayor Dodd suggested that this item be moved to the September 13, 1982 meeting because of a meeting Thursday, September 2, 1982 at 2:00 with Freese and Nichols on how to set up a citizens committe for the drainage study. Councilwoman Dingman suggested that the citizens committee for drainage study be discussed generally at this time to invite interest and to let the citizens know that the Council is in the process of forming a committee. Councilwoman Dingman made a motion that a citizen's committee be formed to study the drainage. Councilman Blair seconded the motion with all members voting "aye". The motion carried. ITEM NO. D.7-CITIZEN PARTICIPATION. No one spoke. MAYOR DODD ANNOUNCED THAT THERE WERE NO NECESSARY ITEMS THAT NEEDED TO BE DISCUSSED IN THE EXECUTIVE SESSION. Vol. 37, Page 138 AGENDA ITEM NO. F.1-ADJOURNMENT. Councilman Johnson made a motion to adjourn the meeting. Councilman Blair seconded the motion with all members voting "aye". The motion carried. The meeting of August 30, 1982 was adjourned at 11:46 P.M. E ~n L J ~ , ,,-x City cretary Vol. 37, Page 139