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1969-07-07 CC Minutesrl CITY OF FARMERS BRANCH MINUTES OF A REGULAR MEETING CITY COUNCIL July 7, 1969 7:30 P.M. All members of the City Council were present: Mayor Mayor Pro-Tem Councilmen 1 City Manager City Attorney City Secretary W. C. Roberts, Jr. George Grimmer John D. Helms Al Korioth E. W. Schedler, Jr. W. R. Linn Dennis Spellman H. Louis Nichols Ruth Ann Parish Mayor Roberts called the regular meeting of July 7, 1969 to order. J. W. Wade gave the invocation. Upon a motion by Councilman Korioth, a second by Councilman Grimmer, all voting "ayes", considered and approved the minutes of June 16, 1969 regular meeting. ,APPROVAL OF MINUTES Upon a motion by Councilman Korioth, a second by Councilman Helms, all voting "ayes", considered and approved the minutes of June 24, 1969 special meeting. SA.LA.RY INCREASE FOR CITY MANAGER Upon a motion by Councilman Korioth, a second by Councilman Schedler, all voting "ayes", increased the salary of City Manager Dennis Spellmann in the amount of $20, 000. 00 per year beginning October 1, 1969. PUBLIC HEARING - VALLEY VIEW ASSESSMENT - STREET PROJECT NO. 62 Mayor Roberts opened the public hearing and explained the location that is involved. This being: west right-of-way lone of IH 35E., west to a point 226.1 feet west of west right-of-way lire of Rock Island Railway. Page 131 Mr. Adair Dyer, of the Dyer Estate, expressed appreciation to the Council on the continuances that was given him on the hearing. Mr. Martin Currin, appraiser retain by Mr. Dyer, stated to the Council his qualifications as an appraiser and stated he had made an appraisal of the property before and after the improvements. In his statements Tract No. 1 -represents property being a triangular tract of land containing 0. 28 acres of land (12,197 sq. ft. the south line of which fronts on Valley View Lane 242. 8 feet, the north west line of which fronts on Keenan Bridge Road a distance of 267. 25 Feet, and the east line of which fronts on the right-of-way of the Frisco Railroad a distance of 107. 53 feet; and Tract No. 2 - represents property being odd shaped tract of land containing 1. 74 acres of land (76, 077 sq. ft. the south line of which fronts on Valley View Lane a distance of 131. 6 ft. on which comprises the sum of a tract of 0.49 acres, of a tract of 1.11 acres, and of the abandoned right-of-way of .14 acres (Old Keenan Bridge Road) total acres 1. 74. Mr. Currin appraised Tract 1 prior to the improvement of Valley View Lane as $1, 500 and in his opinion as of this date its value as $1, 500. Mr. Currin stated in his opinion the improvement would not enhance this property at all. Mr. Currin appraised Tract 2 prior to the improvement of Valley View Lane as $7, 500 and in his opinion as of this date its value of $8, 500. Mr. Currin stated the property in no way is enhanced as the City has assessed. Mr. Currin presented a plat and pictures of locations involved. Mr. Dyer stated on Tract 2 some years ago his mother gave an 18" sewer line easement across this property without cost to the City, and a year ago she gave a 20' storm sewer drainage easement across the back of the property without cost to the City. Mr. Dyer commented that he could not nor the City let him build on the property over the storm sewer. The Council discussed the abandonment of Keenan Bridge Road on the Dyer property and concluded it could not be abandoned due to the access to Dr. Thompson's property. Mr. Lennox Liggin, appraiser retained by the City, stated the property would be enhanced and in his opinion Tract 1 was assessed a little more than should and suggested maybe a reduction of 25% on this Tract. A. motion was made to close the hearing by Councilman Korioth. Councilman Korioth withdrew his motion. Page 13 2 Mr. Dyer stated Tract 1 was less than 1/3 of an acre and would almost be impossible to develop as of conditions. Upon a motion by Councilman Korioth, a second by Councilman Schedler, all voting "ayes", closed the public hearing. Councilman Korioth made a motion that the Dyer property of the 226 ft. frontage of Valley View Lane on the triangular tract be assessed at one-half (1/2) footage being 113 feet, and the remaining tract of 131. 6 feet be accepted at the full assessment of $25.45 a foot; seconded by Councilman Schedler with an amendment that the triangular tract be assessed 25% of its value. The amendment carried with all voting "ayes and the motion carried with all voting "ayes". PUBLIC HEARING - HERITAGE PARK 4 AND 5 Mayor Roberts opened the hearing and read recommendation from the Planning and Zoning Board which recommended the Council to rezone the entire area of Heritage Park No. 4 and 5 to R-5 from an R-6 zone. Mayor asked if anyone was present in favor of the recommendation, about 15 citizens stood up. Mr. Ralph Moser, 2755 Hollandale, spokesman for the group, stated they were in favor of the rezoning. Mr. Addison Bradford, attorney for Mr. Gerald Pointer, presented a letter protesting any change of the zoning. Mr. Bradford stated he did not think it is right to do this to Heritage Building Company and made serval comments on the zone plan the City had paid Mr. Marvin Springer back in February. After Council expressed their views, a motion by Councilman Schedler, a second by Councilman Korioth, all voting "ayes", closed the public he aring. After some discussion, a motion by Councilman Schedler, a second by Councilman Helms was made to zone Heritage Park 4 and 5 -R-5 as recommended by the Planning and Zoning Board. Voting "ayes" were Councilmen Helms, Schedler, Linn and "nay" were Councilmen Korioth and Grimmer, the motion did not carry because it requires 3/4 vote of the Council to rezone property. Upon a motion by Councilman Grimmer, a second by Councilman Linn, was made for the zoning to remain as is R-6. Councilmen Grimmer, Linn, Korioth voted "aye" and Councilmen Helms and Schedler voted "nay". The zoning remains as is R-6. Page 133 ORDINANCE NO. 779 - LEVYING ASSESSMENT FOR STREET PROJECT 62 Upon a motion by Councilman Grimmer, a second by Councilman Schedler, all voting "ayes", passed the following captioned ordinance: AN ORDINA.NCE LEVYING A.SSESSMENTS AGAINST VARIOUS PERSONS AND THEIR PROPERTY FOR THE PAYMENT OF A. PART OF THE COST OR IMPROVING AND PAVING A. PORTION OF THE FOLLOWING STREETS IN THE CITY OF FARMERS BRA.NCH, TEXAS, TO-WIT: VALLEY VIEW LANE FROM THE WEST RIGHT- OF-WAY LINE OF INTERSTATE HIGHWAY 35 EAST, WEST TO A. POINT 226.1 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF THE ROCK ISLAND RA.ILROA.D RIGHT-OF-WAY IN THE CITY OF FARMERS BRANCH, TEXAS; PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE A.ND PA.YA.BLE, THE RATE OF INTEREST, AND FIXING A. CHARGE A.ND LIEN AGAINST SAID PROPERTY AND MAKING SAID CHARGE A. PERSONAL LIA.BILITY OF THE PROPERTY OWNERS OWNING PROPERTY ABUTTING ON SAID STREETS; AND PROVIDING FOR THE COLLECT ON THEREOF; AND DECLARING AN EMERGENCY. For the record Mr. Spellmann, City Manager, stated that if Keenan Bridge Road is ever closed and Mrs. Dyer's estate can reconcile the entrance problem with Dr. Thompson's property, this be recalled that property is then joined in perhaps a full assessment, the difference in that be a part of the compensation for closing the road at that time, because at that time the property would be full depth. NEW OWNER OF FARMERS BRANCH TIMES INTRODUCED Mayor Roberts Introduced and welcomed Mr. Ted Rickenbacher, Jr. the new owner of the Farmers Branch Times. B. & P.W. PROCLAMATION Mayor Roberts read and signed a proclamation that Wednesday, the 16th of July, 1969 is to be proclaimed the "Golden Anniversary Day" of the National Federation of Business and Professional Women's Clubs. MR. B. A. WHITMA.RSH ASKS COUNCIL TO WAIVE PRO-RATA. FEE Mr. B. A. Whitmarsh, of Beltwood Addition, requested the Council to waive the sewer pro-rata fee on 767. 0 L. F. @ $3. 00 in total amount of $2, 301. 00 in the Metropolitan Commercial Park, Beltwood Addition as he pointed out the lines on a plat. After Council discussion on the City's standard pro-rata ordinance, a motion by Councilman Korioth, a second by Councilman Schedler, all voting "ayes", denied the request of Mr. Whitmarsh. Page 134 BID TA.BULA.TION - INSURANCE Liability Insurance: After some consideration, a motion by Councilman Schedler, a second by Councilman Helms, all voting "ayes", accepted the lowest bid of $11,259. 00 with 15% dividend from Grady Insurance Agency, Farmers Branch, Texas for automobile liability insurance. Group Hospitalization Insurance: Upon a motion by Councilman Schedler, a second by Councilman Grimmer, all voting "ayes", tabled the decision on the bid tabulation of Group Hospitalization insurance until next regular Council meeting, July 21, 1969. BID TA.BULA.TION - TRAFFIC SIGNAL POLES Upon a motion by Councilman Schedler, a second by Councilman Linn, all voting "ayes", accepted the bid of $4, 852. 00 for traffic signal poles from Econolite, Ft. Worth, Texas. PLANNING AND ZONING COMMISSION - RULES AND REGULATIONS Upon a motion by Councilman Helms, a second by Councilman Schedler, all voting "ayes", tabled for further study the resolution stating the rules and regulations of the Planning and Zoning Commission. ORDINANCE NO. 811 - REGULA.TIONS OF VARIOUS NAMED LIVESTOCK IN CITY Upon a motion by Councilman Korioth, a second by Councilman Schedler, all voting "ayes", passed the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXA.S MAKING IT UNLAWFUL FOR ANY PERSON TO KEEP, STA.BLE, BOARD OR HOUSE, ON PREMISES UNDER HIS CONTROL WITHIN THE CITY LIMITS, ANY HORSES, MULES, COWS, PIGS, GOATS OR SHEEP IN SUCH A. MANNER SO THAT THE SAME WILL BE LOCA.TED CLOSER THA.N ONE HUNDRED (100) FEET FROM ANY ADJOINING PROPERTY; PROVIDING EXCEPTIONS; PROVIDING FOR A. PENALTY; AND DECLARING AN EMERGENCY. Mr. George Grenier, 2817 Bay Meadows, complained about horses galloping on the school grounds and in the parks, and asked if something could be done to prevent this. RESOLUTION ACCEPTING APPRAISALS OF PARK LAND After some discussion a motion by Councilman Korioth, a second by Councilman Grimmer, all voting "ayes", passed a resolution accepting the appraisals of two appraisers and stating the fair market value of $103, 826. 00 for the 4 park sites in Project OS-52. (Sites Being: Page 13 5 addition to Squire Park; Webb Chapel and Selma Lane; Rockmartin and Templeton Trail and, Valley View and Webb Chapel Road. RECREATION APPLICATION RESERVATION The Council approved the Recreation Application for Reservation recom- mended by the Recreation and Activities Board. CONSTRUCTION OF TENNIS COURTS AT BROOKHA.VEN COUNTRY CLUB Mr. J. L. Tweedy, 14105 Tanglewood, stated Brookhaven Country Club is constructing additional tennis courts, and asked if construction is inspected by the City. Mr. Tweedy stated the people of the area around him feel the type of construction should be inspected by the City. He said the green covered courts look like industrial buildings. Mr. Tweedy stated he would like to recommend a different type of building. Mayor Roberts suggested to Mr. Tweedy that he go to Brookhaven Development Company and converse with them. EXECUTIVE SESSION 9:15 P.M. Land Purchase Mr. Spellmann reported that an offer had been made to Mr. Pointer on the Heritage Park No. 4 property to be used for park and drainage purposes, but have not received an answer from him. After some discussion, the Council agreed to take no action until next Council meeting, July 21, 1969. Park Land Mr. Spellmann reported on two (2) parcels of proposed park land that is in an application to H. U. D. for participation, that being the Durett Tract -Rockmartin and Templeton Trail, and the Scorobrough Tract - Valley View Lane and Webb Chapel Road. Mr. Spellmann stated before starting to proceed with negociations, he would like to hear from H. U. D. APPOINTMENT TO PARKS AND BEAUTIFICATION BOARD After some consideration, a motion by Councilman Linn, a second by Councilman Schedler, all voting "ayes", appointed Mr. Charles "Chuck" McClain to fill the vacancy on the Parks and Beautification Board with term expiring January, 1970. BACK IN REGULAR SESSION 9:30 P. M. Water Storage Tank Mr. Spellmann explained to the Council on how high the bids were for the 1 1/2 million gallons water storage tank. He further stated that the engineers were negotiating with the low bidder on the hydro pillar tank and report back later to the Council on this. Page 13 6 Furniture for New Council Chamber Mr. Spellmann reported that the specifications are being prepared on the furniture for the new Council room and he is in need for suggestions on specifications for the seats - whether cushioned or hard seats. The Council agreed that durable cushioned type seats was their preference. FIRE IN ADDISON DISCUSSION C 1 Councilman Schedler pointed out to the Council that serious consideration is needed on the danger we place our firemen when Addison has a fire, especially as they did July 3rd. Councilman Schedler stated several important conditions that were not existing that could have prevented this fire. Mr. Spellmann stated he had conversed with the Mayor of Addison on this and the City of Addison is in need of some solution. The question of submerging the two cities come up by Mr. Spellmann and the Council reassured him the Council is definitely still interested. The Council suggested the City Manager to meet with some of A.ddison's Council and report back at the next regular meeting. A.DJOURNME NT Upon a motion by Councilman Korioth, all voting "a es", adjourned the July 7, City C ci . a second by Councilman Helms, 1969 regular meeting of the City Secretary Page 13 7