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1969-10-06 CC MinutesCITY OF FARMERS BRANCH MINUTES OF A REGULAR MEETING CITY COUNCIL 1 1 October 6, 1969 7:30 P.M. ALL members of the City Council were present: Mayor W. C. Roberts, Jr. Mayor Pro-Tem George Grimmer Councilmen John Helms Al Korioth Ed Schedler W. R. Linn City Manager Paul West City Attorney H. Louis Nichols City Secretary Ruth Ann Parish Mayor Roberts called the meeting of the City Council of October 6, 1969 to order. Councilman Helms gave the invocation. APPROVAL OF MINUTES Upon a motion by Councilman Grimmer, a second by Councilman Linn, all voting "ayes", considered and approved the minutes as written of the Regular City Council meeting, September 15, 1969. MINUTES OF SEPTEMBER 2, 1969 Upon a motion by Councilman Grimmer, a second by Councilman Helms, all voting "ayes", tabled the approval of the September 2, 1969 City Council minutes. Mayor Roberts stated he had requested the Finance Director for a financial report of the city and had received a letter from Burleson and Walker auditing firm which he read. The report showed the estimated cash and unappropriated surpluses at October 1, 1969: General Fund $242, 747. 00, Water Fund $11, 415. 58, and Working Capital Fund $33, 725. 00. Mayor Roberts stated this estimated amount of $287, 887. 58 surplus leaves the city in good financial shape and read the following statement: Our fiscal year has come to an end and I am informed by our independent auditor that the City will end up in sound financial condition with a sizeable surplus. I I am proud to have played a part in establishing a trend here in Farmers Branch which has seen this City become financially sound. We have institued a progressive and ambitious park and recreation program and overall have upgraded every phase of our City government. Page 1 With this in mind, I have come to the point of having to make an important decision. My stubborness and persistence in standing up for what I believe is having its effect on my family and friends and I am at the point where I must weigh the values. This I have done and I have decided that I am weary of beating my head against the political wall. The City is in good sound shape and I feel that it would now be in the best interests of all concerned to submit my resignation as Mayor of Farmers Branch effective immediately. Signed: W. C. Roberts, Jr. Councilman Helms stated he concurred with Mayor Roberts and read the following statement: To the citizens of Farmers Branch, I am announcing my resignation from the City Council, my reasons for this decision are primarilly that I do not wish to subject my family or self to further harassment nor do I wish to continue to defend myself from groundless rumors and accusations, I do not know what factors underly the present unrest. I hope for the good of the city these factors are local and this action will resolve them. To my many friends, I would like to say I have no regrets for having served in this capacity. We need, for our City and our country to elect citizens who have strong convictions and principles that are basic in any God-fearing man. I can only say this to people that have these principles and choose to serve that the road will not be easy and I will not be guilty of carelessly critizing your actions until I have walked a distance in your shoes. With this I will say from public life, good bye, God bless you and let us begin to move progressively again. Signed: John D. Helms Councilman Schedler stated he also resigned from the Council effective immediately. Councilman Schedler prepared a statement of his resignation and handed it to the Mayor. All three resignations signed by Mayor Roberts, and Councilmen Helms and Schedler were presented for record. Page 2 Councilman Korioth moved to accept Mayor W. C. Roberts, Jr., Councilman John Helms (Place 2), and Councilman E. W. Schedler, Jr. (Place 4) resignations from the City Council of the City of Farmers Branch. Councilman Schedler seconded the motion. Motion carried 4 to 1 with Councilmen Linn, Schedler, Korioth, Helms voting "ayes" and Councilman Grimmer voting "nay". W. C. Roberts, Jr., John Helms, and E. W. Schedler, Jr. left the room. Remaining were Mayor Pro Tem Grimmer whom became the Mayor, Councilman Korioth and Councilman Linn. The Council asked the City Attorney questions on the existing law suits and the legality of their offices. City Attorney Louis Nichols stated in his opinion the law suits in court could not be carried through since the suits were filed by members of the City Council of Farmers Branch and these persons are no longer on the City Council. After some discussion, a motion by Councilman Korioth, a second by Councilman Linn, all voting "ayes, set the date of November 22, 1969 as the date for a Special Election to fill the vacancy of Place 1 for a term to expire April, 1971 and Place 2 and 4 for a term to expire April, 1970. ZONING PUBLIC HEARING - PD#14 (MF-2, 0) Mayor Grimmer opened the public hearing by explaining that the Council had requested the Planning and Zoning Commission to hold a public hearing to determine whether or not the zoning needed to be changed on property located between Josey Lane and Webb Chapel Road adjacent to and north of L. B. J. Freeway being zoned PD#14 (MF-2, O). Mayor Grimmer stated the public hearing was held by the Planning and Zoning Commission and their recommendation to the Council was that no zone change be made. Mr. Ben Goldware, of Goldware & Wilmering, stated they had not asked for the change and did not know what was intended for the property. Mr. Goldware opposed to any change and requested to leave the zoning as is. After some consideration, a motion by Councilman Korioth, a second by Councilman Linn, all voting "ayes", accepted the recommendation of the Planning and Zoning Board which is to leave the zoning as is on property in question. ZONING PUBLIC HEARING - POINTER PROPERTY Mayor Grimmer opened the public hearing explaining that the City Council had requested the Planning and Zoning Commission to call a public hearing to determine whether or not the zoning on tract of vacant land bound by Josey Lane, Cookscreek Place, and Heritage Circle being zone MF-3 needed to be changed. Mayor Grimmer stated the public hearing was held Page 3 Mr. Addison Bradford, representing Mr. G. M. Pointer owner of the property, presented a letter opposing to any change and asked that the Council consider the recommendation of the Planning and Zoning Commission. Mr. Bradford pointed out the ajoining property is zoned either apartment or commercial and asked to leave zoned MF-3. After some consideration, a motion by Councilman Linn, a second by Councilman Korioth, all voting "ayes", accepted the recommendation of the Planning and Zoning Commission which is to leave the zoning as is on property in question. ORDINANCE NO. 824 - ABANDONMENT OF PORTION OF SUMAC ST. Mr. J. W. Rogers , owner of property, presented his request to the Council to abandon a portion of Sumac Street lying east of Cadet Street for further development, as is the street existing serves no purpose. Mayor Grimmer read from Planning and Zoning Commission's minutes to recommend to Council to abandon said portion. After some discussion, a motion by Councilman Korioth, a second by Councilman Linn, all voting "ayes", accepted the Planning and Zoning Commission's recommendation by passing the following captioned ordinance No. 824: AN ORDINANCE OF THE CITY OF FARMERS BRANCH ABANDONING A. PORTION OF SUMAC STREET, A PUBLIC STREET IN THE CITY OF FARMERS BRANCH; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN FAVOR OF J. W. ROGERS, THE OWNER OF THE ADJACENT PROPERTY; PROVIDING THAT THIS ORDINANCE MAY BE RECORDED A.S A QUITCLAIM DEED IN FAVOR OF THE OWNER OF SAID PROPERTY; AND DECLARING AN EMERGENCY. SITE PLAN APPROVED ON APARTMENT PROJECT - J. W. ROGERS Mr. J. W. Rogers request by presentation a site plan approval for his apartment project located east of the apartments on Goodland Street. After som consideration, a motion by Councilman Linn, a second by Councilman Korioth, all voting "ayes", approved the recommendation of the Planning and Zoning Commission on the site plan approval presented by Mr. J. W. Rogers subject to a screening structural masonry wall on the north and east boundaries of the tract of at least 6 feet in height with appropriate gates for each platted residential lot located at the discretion of property owners and subject to a sign being corrected which is not in conformance with the zoning ordinance. SOUTHWESTERN BELL TELEPHONE SITE PLAN APPROVED City Manager exhibited an overlay showing location of the request by South- western Bell Telephone Company at 13330 Denton Drive for site plan approval on construction of an addition to present flac:ility. Pages 4 After consideration of the Planning and Zoning Commission's recom- mendation for approval with certain conditions, a motion by Councilman Korioth, a second by Councilman Linn, all voting "ayes", approved the site plan subject to conditions listed below for Southwestern Bell Telephone Company at 13330 Denton Drive on an addition to existing building. Conditions and exceptions granted: 1. Dedication of 5 or more feet on Rossford Street (to be determined at time subdivision plat is approved); 2. Provision of 2 loading docks; 3. One parking space per each employee (16 at present time); and, 4. Exceptions to setback requirements on Rossford and Denton Drive. OCTOBER 27, 1969 DATE FOR JOINT PUBLIC HEARING WITH PLANNING AND ZONING COMMISSION FOR PD-5 Upon a motion by Councilman Linn, a second by Councilman Korioth, all voting "ayes", set the dat of October 27, 1969 for a joint public hearing with the Planning and Zoning Commission on a redevelopment plan for the original downtown PD-5. REQUEST OF SIGN REQUIREMENTS VARIANCE DENIED After some discussion, a motion by Councilman Korioth, a second by Councilman Linn, all voting "ayes", denied the request of Mr. Frank Schuman, of Sampler Shop, 2415 Penquin Plaza to vary the sign ordinance requirements. CHANGE NAME ON SIGN Mr. Allred requested the permission of the Council for a variance of the sign ordinance requirements so he could change the name Holiday Cleaners to read Allreds Cleaners located at 2539 Valley View Lane. After advice from City Attorney Louis Nichols, the Council stated that since there would be no structural change of the sign all he needed was to secure a permit from the building inspection department. RECOGNITION TO RODERICK JOHNSON Mayor Grimmer presented a plaque in appreciation to Mr. Roderick Johnson for his service to the City by serving on the Park Board from 1962 to 1969. RESOLUTION COMMENDING TEXAS HIGHWAY DEPARTMENT Upon a motion by Councilman Linn, a second by Councilman Korioth, all voting "ayes", passed a resolution commending the Texas Highway Department on their corridor hearing for extension of I. H. 635 concurring in their recommendation of the north route (route C). APPROVED EXPENDITURE OF $75 TO LIBRARY BOARD After consideration of Library Boards recommendation, a motion by Council- man Linn, a second by Councilman Korioth, all voting "ayes", approved the Page 5 = expenditure of $75. 00 as recommended by the Library Board so that the Librarian and Mrs. Joyce Springer, member of Library Board, may attend the Texas State Library's Building Institute in Austin, October 9th and 10th, 1969. TA.BULATION OF BIDS - AUSTELL WATER LINE Upon a motion by Councilman Korioth, a second by Councilman Linn, all voting "ayes", awarded the bid for the 8" water line to be installed the length of Austell Parkway to Murray Construction Company, Inc., Dallas, Texas in the amount of $18, 682. 50, the lowest of 6 bids received. TWO PIPE LINE LICENSES EXECUTED BY MAYOR Upon a motion by Councilman Korioth, a second by Councilman Linn, all voting "ayes", passed a resolution authorizing the Mayor to execute two pipe line licenses for 16" water line crossings under the Katy Railroad. CITY MANAGER AUTHORIZED TO EXECUTE AGREEMENT WITH FRISCO Upon a motion by Councilman Linn, a second by Councilman Korioth, all voting "ayes, passed a resolution authorizing the City Manager to execute an agreement with Frisco Railway Company on signalization of Railroad crossings located - Valley View Lane, Royal Lane, Valwood Parkway, and authorizing the expenditure of $11, 772. 00 as the City's share of the cost of the signalization. ORDINANCE NO. 825 - LOAD LIMIT ORDINANCE After some discussion, a motion by Councilman Korioth, a second by Councilman Linn, all voting "ayes", passed the following captioned ordinance No. 825: AN ORDINANCE OF THE CITY OF FARMERS BRANCH REGULATING THE WEIGHT OF COMMERCIAL MOTOR VEHICLES, TRUCK - TRACTORS, TRAILERS OR SEMI- TRAILERS, OR COMBINATION OF SUCH VEHICLES OPERATED OVER OR UPON THE PUBLIC STREETS OF THE CITY OF FARMERS BRANCH; AUTHORIZING THE WEIGHING OF LOADED VEHICLES BY THE POLICE DEPARTMENT OF THE CITY OF FARMERS BRANCH; PROVIDING A PENALTY OF FINE NOT LESS THAN FIFTY DOLLARS ($50. 00) AND NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. ORDINANCE NO. 821 - GRANTING "ANTECEDENT SERVICE CREDIT" AND SPECIAL PRIOR SERVICE CREDIT City Manager Paul West presented Ordinance No. 821 stating this would permit the City to participate in the retirement system for the period of January 1, 1965 to December 31, 1969 on same basis as it is now participating -Two Dollars for each one dollar the employee pays instead of one for one. Page 6 After brief discussion, a motion by Councilman Linn, a second by Councilman Korioth, all voting "ayes", passed the following captioned Ordinance No. 821: AN ORDINANCE UNDERTAKING TO PROVIDE FOR AND GRANTING "ANTECEDENT SERVICE CREDIT" AND "SPECIAL PRIOR SERVICE CREDIT" AT THE RATES HEREING SPECIFIED, TO QUALIFYING EMPLOYEES OF THE CITY OF FARMERS BRANCH, TEXAS. ORDINANCE NO. 822 - ALLOWING VESTING CERTAIN RIGHTS City Manager Paul West presented Ordinance No. 822 by stating this allows an employee after 20 years of service to have vested rights so that after an employee reaches the age of 50 he is elegible for retirement, even though he may leave the retirement system after 20 years of service. After some discussion, a motion by Councilman Linn, a second by Councilman Korioth, all voting "ayes", passed the following captioned ordinance No. 822: AN ORDINANCE PROVIDING FOR AND ALLOWING VESTING OF CERTA.IN RIGHTS, AND FOR RETIREMENT UNDER TEXAS MUNICIPAL RETIREMENT SYSTEM OF EMPLOYEES OF THE CITY OF FARMERS BRANCH WHO HAVE ATTAINED FIFTY YEARS OF AGE, AND HAVE COMPLETED TWENTY-FIVE YEARS OF CREDITABLE SERVICE WITH SAID CITY. On Ordinance Nos. 821, 822 City Manager Paul West reported on participation the estimated cost would be approximately $6, 000. 00 fir fiscal 169-170 year and this amount is not included in the budget. FRED FA.HLA.ND Mr. Fred Fahland had requested to be put on the agenda by since the situation had changed he would not present his proposal. ORDINANCE NO. 823 - RAWHIDE ONE-WAY FROM VALLEY VIEW TO PE PPERWOOD Upon a motion by Councilman Linn, a second by Councilman Korioth, all voting "ayes", passed the following captioned ordinance No. 823: AN ORDINANCE OF THE CITY OF FARMERS BRANCH MAKING RAWHIDE DRIVE A. ONE WAY STREET FROM VALLEY VIEW LANE TO PEPPERWOOD STREET; AUTHORIZING THE CITY MANAGER OR HIS REPRESENTA- TIVE TO CAUSE APPROPRIATE SIGNS TO BE ERECTED DESIGNATING ONE WAY STREET; MAKING IT AN OFFENSE TO DRIVE ANY MOTOR VEHICLE ON RAWHIDE DRIVE BETWEEN VALLEY VIEW LANE AND PEPPERWOOD STREET IN THE DIRECTION OPPOSITE TO THAT DESIGNATED; Page 7 ALTERING THE MAXIMUM PRIMA. FACIE SPEED LIMIT ON RAWHIDE DRIVE BETWEEN VALLEY VIEW LANE AND PEPPERWOOD STREET TO TWENTY (20) MILES PER HOUR; MAKING IT AN OFFENSE TO EXCEED SAID SPEED LIMIT; PROVIDING FOR A. PENALTY AND DECLARING AN EMERGENCY. NATIONAL CRIME INFORMATION CENTER City Manager Paul West discussed the City's participating in the National Crime Information Center's program and it was his recommenda- tion to do so. Mr. West stated to participate in this worthwhile program it would cost approximately $3, 300. 00 for this fiscal year and this has not been included in the budget and an appropriation for this amount would be needed if participated. After some discussion on how it would benefit the City, a motion by Councilman Korioth, a second by Councilman Linn, all voting "ayes", approved the City's participation in the National Crime Information Center's program. DISCUSSION BY CITY COUNCILMEN Items a, c and f on the agenda were not discussed. Swimming Pool Operation Councilman Korioth stated the Council had received a financial report on the swimming pool operation, which showed a profit of $4, 968. 21 also the reports showed a loss in recreation program of some $1, 742. 97. Mr. Korioth mentioned the extensive repairs that was needed on the pools which are estimated to be around $2, 000 to $5, 500, and the budget lists $1, 500 for repairs. After some discussion, the Council instructed the City Manager to take the necessary steps to get the equipment in proper shape for next year by getting repair estimates and report back to the Council. PARK AND BEAUTIFICATION BOARD AND RECREATION AND ACTIVITIES BOARD Councilman Korioth recommended the consideration of rejoining the Park and Beautification - Recreation and Activities Boards back into one board. The Council felt like a work session should be set up with the present two boards for this consideration. After some discussion, the Council agreed with the City Manager that some exploratory talks with the two boards should be held by the City Manager and for the City Manager to report back to the Council. Mr. Floyd Brown, 13823 Braemar, recommended the speakers be changed out due to the lack of understanding the Councilmen through the present ones. A.DJOURNED TO EXECUTIVE SESSION 9:02 P. M. Page 8 LAND ACQUISITION Fields-Wright Property Councilman Korioth stated the property located at Valley View Lane and Tom Field known as the Wright-Fields property in which the city in in court proceedings trying to acquire is definitely priced to high for the city to purchase. Councilman Korioth stated he felt there was really no use for the land and would like to see this matter dropped. After some discussion, a motion by Councilman Korioth, a second by Councilman Linn, all voting "ayes", instructed the City Attorney to discontinue the condemnation proceedings in court on the Wright-Fields property for the land is no longer needed. Pointer Property The Council discussed the Pointer property the city is negociating for drainage purposes. City Manager Paul West agreed he would talk to Mr. Pointer again on the lots in the flood plain and report back to the Council. Fulkerson Tract The Council instructed the City Manager to study the property east of Webb Chapel and Selma Lane known as the Fulkerson Tract and see if it really is needed. Mr. R. L. Yager brought an up to date status report on property this is on application to H. U. D. Land Fill Property Mr. Yager reported the 40 plus acres the city is negociating for land fill purposes is in the process of being purchased from the Tracy heirs by an individual. Mr. Yager stated it would be easier to negotiate with one owner than the heirs. The Council agreed. APPOINTMENT TO LIBRARY BOARD The Council will consider an appointment to the Library Board at a later date. GRIFFEN VS. CITY City Attorney Louis Nichols reported to the Council on the Lenord Griffen property that is in condemnation proceedings for the Valley View right-of- way and suggest the Council authorize an offer of $700 - $750 for settlement. After some discussion, a motion by Councilman Korioth, a second by Councilman Linn, all voting "ayes", authorized the City Attorney to offer Mr. Griffen a settlement of $700, if declined proceed with court proceedings. Page 9 E 1 Page 10