1969-11-03 CC MinutesCITY OF FARMERS BRANCH
MINUTES OF A REGULAR MEETING
OF THE
CITY COUNCIL
November 3, 1969
7:30 P.M.
Members of the City Council present were:
Mayor George G. Grimmer
Mayor Pro-Tern W. R. Linn
Councilman Al Korioth
Mayor Grimmer called the City Council meeting of November 3, 1969
to order at 7:30 P. M.. Mayor Pro-Tem Linn gave the invocation.
APPROVAL OF MINUTES
Upon a motion by Councilman Korioth, a second by Councilman Linn,
motion carried, considered and approved the minutes of September 2,
1969 after the following corrections were made: on page 157, after
first sentence add, "Testimoney of Mrs. Parish did not support the
charges"; after the 8th line from the bottom add "Councilman Grimmer
walked out at this time"; in the 5th line from the bottom after "nay"
strike out "and Councilman Gimmer did not vote; and, delete "Council-
man Grimmer and" from the beginning of the 3rd line from the bottom.
Upon a motion by Councilman Linn, a second by Councilman Korioth,
with motion carrying, rescinded the action as reflected in the minutes
of September 2, 1969 regarding the action taken against Mr. Korioth
and the action taken by Mr. Linn.
Upon a motion by Councilman Linn, a second by Councilman Korioth,
with motion carrying, considered and approved the minutes as written
for October 20, 1969 Council meeting.
RESIGNATION ACCEPTED FROM MR. PAUL EATON
Upon a motion by Councilman Korioth, a second by Councilman Linn,
with motion carrying, accepted the resignation of Mr. Paul Eaton
of the Building Board of Adjustment and Appeals and instructed the
City Manager to prepare a Certificate of Appreciation for the work
Mr. Paul Eaton has done for the city.
ORDINANCE NUMBER 830 - BUDGET AMENDMENT
After some discussion, a motion by Councilman Linn, a second by Council-
man Korioth, motion carried, adopted the following captioned ordinance:
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AN ORDINANCE REVISING THE ESTIMATES OF EXPENDI-
TURES OF THE 1969-1970 GENERAL AND WATER FUND
OPERATING BUDGET.
Included in this amendment are provisions for a full time survey crew
in the Public Works Department that was explained by City Manager
Paul West.
ORDINANCE NO. 831 - PROHIBITING PARKING ON VALWOOD CIRCLE
Mayor Grimmer read a memo to the Council from City Manager Paul West
that stated he had had a request from Mr. George Locus, 2893 Valwood
Circle, for a no parking zoned to be located in front of his home and
the neighbor to the south (neighboring agreeing) because of problems
Mr. Locus has had getting out of his driveway.
Mrs. George Locus, 2893 Valwood Circle, presented their request again
to the Council stating the problems they are having with the parking situation
on Valwood Circle.
After consideration, a motion by Councilman Korioth, a second by Council-
man Linn, motion carried, adopted the following captioned ordinance:
AN ORDINANCE OF THE CITY OF FARMERS BRANCH PRO-
HIBITING PARKING AT ANY TIME ON THE EAST SIDE OF
VALWOOD CIRCLE FROM THE POINT OF ITS INTERSECTION
WITH VALWOOD PARKWAY NORTHWARD A DISTANCE OF ONE
HUNDRED THIRTY SIX (136) FEET TO THE POINT OF BEGIN-
NING OF A CUL-DE-SAC; 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.
ORDINANCE NO. 832 - AMENDMENT TO ELECTRICAL ORDINANCE
After some Council discussion and consideration, a motion by Councilman
Korioth, a second by Councilman Linn, motion carrying, adopted the
following captioned ordinance:
AN ORDINANCE OF THE CITY OF FARMERS BRANCH,
TEXAS, RESCINDING ORDINANCE NO. 796 AND AMEND-
ING ORDINANCE NO. 152 BY AMENDING SECTION IV,
ARTICLE 2, WHICH PROVIDES FOR TEMPORARY ELECTRICAL
SERVICE; AND BY AMENDING SECTION XI, ARTICLE 4,
BY ADDING THERETO A NEW PARAGRA.PH, SO AS TO
REGULATE THE INSTALLATION OF ELECTRICAL CON-
DUCTORS, PROVIDING FOR A. PENALTY NOT TO EXCEED
$200. 00, AND DECLARING AN EMERGENCY.
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PARK PROGRAM DISCUSSION
City Manager Paul West presented a general and preliminary report
on the City's parks by taking each park at a time and explaining the
type of use and gave an estimated amount of each to complete the
parks. He stated approximately $197, 000 was needed to complete the
park program. Mr. West stated this was a report for the Council
and would be presented to the Park and Recreation Board for consider=
ation and recommendation.
MAINTENANCE OF SEWER SERVICES
City Manager Paul West asked for a change of policy in maintaining
sewer services. The policy has been that the City maintained the
sewer service line from the main to the property line. Mr. West
asked that the policy be changed so that the property owner would
be responsible for the service line from the house to the main line.
After some discussion, Councilman Korioth moved to authorize the
City Manager to change the policy of sewer servicing as to maintain
the sewer main only. Councilman Linn seconded. Motion carried.
RULES OF ORDER
After some discussion with City Attorney Louis Nichols, a motion
by Councilman Linn, a second by Councilman Korioth, motion carried,
tabled the discussion of rules of order until full 'membership of the
Council.
PLANNING AND ZONING COMMISSION'S RULES AND REGULATIONS
Upon a motion by Councilman Linn, a second by Councilman Korioth,
motion carrying, to return the Planning and Zoning Commission's
rules and regulations, with the listed below changes, to the Planning and
Zoning Commission for reconsideration. Changes being:
Page 2, Section 3. (a) fourth line - omit 'from the floor', add
in its place 'by the Commission membership'.
Page 3, Section 3. (b) let it read - 'The City Manager of the City of
Farmers Branch shall appoint an exofficio member of the Commission
and shall serve as Secretary for the Commission.
Page 3, Section 4. (b) fourth line - insert after 'and shall be'
posted and
Page 5, Section 5. (f) fourth line - change twelve (12) months to
eighteen (18) months
Page 6, Section 5. (h) Omit the last sentence.
Page 6, Section 5. (i) Omit a, b, c and make d - (a) with changes
to read as 'A request for withdrawal made at the hearing shall be honored,
and shall not be subject to the provisions of Paragraph (f) above.
Page 8, Section 5. ,B(b) let last sentence read 'Such a request may
be made by applicant and only one such request shall be permitted'.
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Page 8, Section 6. third line -omit first word 'heretofore', and
after approved by the -add-'City Council of the'
Page 9, Section 7 (a) add to the last sentence - 'and after prior
approval of the City Council.
Page 9, Section 8 - let the last sentence read 'Any such change
or amendment adopted by the City Planning Commission shall forthwith
be certified to the City Council and shall not become effective until
approval by the City Council.
FISCAL AGENT APPOINTED
After considering the recommendation of the City Administration and
the recommendation from Mr. Dick Thomas of Central Bank and Trust,
a motion by Councilman Korioth, a second by Councilman Linn, motion
carried, appointed Mr. Scanland Hilger of Dallas Rupe & Sons, Inc., as
the City's fiscal agent in the forthcoming selling of bonds.
RECOMMENDATION FOR PICTORIAL HISTORY OF FARMERS BRANCH
Mr. Dick Thomas, 3218 Golfing Green, recommended to the council for
consideration on preparing a pictorial film on the development history
of Farmers Branch. Mr. Thomas stated this would be a good way to
sell Farmers Branch to the industry people that be interested in locating
here.
SUGGESTION
Mr. Dick Thomas suggested that the Council request a member from
any of the various boarcbthat might have an item on the agenda, be present
for answers when the Council is in question. on that item.
EXECUTIVE SESSION 9:05 P.M.
PERSONNEL MATTER
Mr. Don Holden asked that he would like to report to the Council from the
time he was hired until the time he was fired as an employee of the City
of Farmers Branch.
Mayor Grimmer read from the City Charter, Chapter II, Section 2. 10
which states the Council not to interfere in the City Manager's appoint-
ments or removals.
Mr. Holden asked the City Council to check and study the things that has
happened in the recreation department. He listed the below:
1. Was Don Holden hired as the Recreation Superintendent of the
City of Farmers Branch?
2. Why were two (2) people assigned as co-superintendents of
recreation to the City.?
3. Why were the people at the recreation center given raises
before the superintendent of recreation?
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4. Was Don Holden given a $50. 00 raise at the first of October
and the $5.0. 00 raise'taken away on the 14th?
5. Was Don Holden advised to fill out paper forms to leave the
City on business?
6. What was the reason to fire Don Holden? Why?
Mr. Holden stated he would like to know the individual who had made
comments against him, and the answers to the above 6 questions at
a later date.
Mayor Grimmer stated the Council would check into this and contact
him.
PA.K-MOR LAW SUIT
After some discussion, a motion by Councilman Korioth, a second by
Councilman Linn, motion carried, authorized to go along with Pak-Mor's
request to Louis Nichols, City Attorney, not to fight the suit provided
they agree not to seek damages from us.
The suite involves patent infringement on some containers the city purchased
from Fabit Corporation.
INVOICES OF LEGAL SERVICES
After some discussion, a motion by Councilman Korioth, a second by
Councilman Linn, motion carried, authorized payment of invoices
for legal services to Strasburger, Price, Kelton, Martin and Unis
Attorneys at Law in the amount of $1, 948. 21 declaring in benefit for the
City.
CA.TES LAW SUIT
The Cates law suit involves an accident that caused a death on Valley View
Lane. After hearing the recommendation of City Attorney H. Louis Nichols,
a motion by Councilman Korioth, a second by Councilman Linn, motion
carried, authorized the City Attorney to settle the case on the basis of
paying the plaintiff $750. 00 if this would dispose of the law suit and save
the City further expense.
FIRE AND OLD POLICE STATION PROPERTY
After some discussion, a motion by Councilman Korioth, a second by Council-
man Linn, motion carried, authorized the City Attorney to withdraw the
condemnation suit of the reversion clause in the deed of the old police
and fire stations property.
A motion by Councilman Korioth, a second by Councilman Linn, motion
carried, authorized an appraisal on this property located on the corner
of Valley View and Goodland Street for its value of resale as is.
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HERITAGE PARK #4 PROPERTY
After some discussion, a motion by Councilman Linn, a second by
Councilman Korioth, motion carried, instructed the City Manager
to notify Mr. Pointer that the City is no longer interested in purchasing
the property located lots 1, 2, and 3 of Block 8, and all of Block 7 in
Heritage No. 4 Addition.
The Council instructed the City Manager to notify the people that were
contacted on property between Hollandale and Fyke Road on Shoredale
that the City is no longer interested in purchasing the property along
the creek.
LAND FILL SITE
After some discussion on the purchase of some 40+ acres for sanitary
land fill that is north of our present land fill, a motion by Councilman
Linn, a second by Councilman Korioth, motion carried, authorized
the City Manager to negociate with the property owners for purchase
price based on $2, 000. 00 per acre and get the holders undivided
interest signed up to sell with condition on being able to get a good
title for all the rest of the property at the same price.
PLANNING AND ZONING COMMISSION APPOINTMENT
After some discussion and consideration, a motion by Councilman
Korioth, a second by Councilman Linn, motion carried, appointed
Mr. Rex Rayfield to the Planning and Zoning Commission for a term
to expire May, 1970.
APPOINTMENT TO BOARD OF ADJUSTMENTS
Upon a motion by Councilman Linn, a second by Councilman Korioth,
motion carried, tabled the appointment of member to the Building
Board of Adjustments until full Council.
CORPORATION COURT JUDGE APPOINTMENT
After some consideration, a motion by Councilman Korioth, a second by
Councilman Linn, motion carried, appointed Carl A. Skibell as Corpor-
ation Court Judge for the City of Farmers Branch for term to expire
May 1, 1970.
PLANNING AND ZONING COMMISSION MEMBERSHIP POLICY
The Council discussed Board members running for Councilman.
The Council recommended the Charter Study Committee to study
and see if a policy is needed to be established in the Charter that
a member on an advisory Board or Commission shall resign upon
becoming a candidate for City Councilman.
ABSENCE OF BOARD MEMBERS
Councilman Korioth stated that it had been brought to his attention of
the numerous absences of a Planning and Zoning Commission member.
After some discussion the Council requested the Planning and Zoning
Commission to bring this to the Council.
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ADJOURNMENT
Upon a motion by Councilman Linn, a second by Councilman Korioth,
motion carried, adjourned the City Council meeting of November 3,
1969 at 9:45 P.M.
Geo ge G. ri. er, Mayor
uth Ann Parish, City Secretary
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