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1969-12-15 CC MinutesCITY OF FARMERS BRANCH MINUTES OF A REGULAR MEETING CITY COUNCIL December 15, 1969 7:30 P. M. Members of the City Council present were: Mayor Mayor Pro-Tern Councilman City M anager City Attorney City Secretary George G. Grimmer W. R. Linn Ray Flaherty Bill McClung Al Korioth Bill Binford Paul West H. Louis Nichols Ruth Ann Parish Mayor Grimmer called the regular meeting of the City Council to order on December 15, 1969 at 7:30 P.M. J. W. Wade gave the invocation. APPROVAL OF MINUTES Upon a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", considered and approved the minutes of a regular meeting of December 1, 1969 as written. Upon a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", considered and approved the minutes of a special meeting of December 6, 1969 as written. INSTALLATION OF COUNCILMAN PLACE 4 Mayor Grimmer administered the Oath of Office to William R. Binford for Councilman Place 4. PUBLIC HEARING- ZONE CHANGE LOCATED PORTION OF TRACT AT JOSEY LANE, DENNIS LANE, AND VALWOOD SHOPPING CENTER Mayor Grimmer opened the public hearing. An overlay was exhibited and Mayor Grimmer pointed out the location of the portion of a tract being bounded by Josey Lane, Dennis Lane, and Valwood Shopping Center which Mr. James Crow had requested a change of zoning. Mr. M. A. Ward, Sr. of Leonard Duckworth Realtors representing Mr. James Crow, requested the consideration of the Council to change the present zoning PD#3 (LR-1) to MF-2 on approximately 22 acres behind the Valwood Shopping Center leaving a 200' strip along Josey Page 42 Lane. Mr. Ward stated that this property could not be properly developed as it now exists with the existing zoning. He stated there were certain lease restrictions that prohibited any similar type places of business that now exists in Valwood Shopping Center to come in and go into business on this property. Example - Kroger's lease prohibits any other grocery store; Woolsworth now M. E. Moses prohibits any other type of variety store; White's Store prohibits any furniture, auto supply, toys, hardware, or any major home appliances Mr. Ward stated he had spent 6 months doing research to find the best favorably zoning for this property and came up with the best solution and that was to develop multi-family dwellings. He mentioned he had talked with the School Superintendent and the superintendent was neither for or against apartment in this are, but if zoned for apartments the childred could be adequately taken care of, with the future planning of the nearby s chools. Mr. Ward stated 16 units per acre were planned with construction to be a low profile design which he exhibited. Mr. Ward said this design would be enhancing the area. Mr. Ward stated - 40% of the apartments would One (1) bedroom and estimated rent to be from $185 to $195; 40% would be two (2) bedrooms with estimated rent to be $290 and up; and 20% of the apart- ments would be three (3) bedrooms mentioning no rent prices . The Council questioned Mr. Ward on the lease restrictions as to what they were and who had them. Mr. Ward explained the conditions attached on to the lease agreement. He had copies and read some of these aloud. The Council questioned about off-street parking and Mr. Crow, seated in the audience, spoke up and said all parking was off the street. No one was present opposing the change. Councilman Linn moved to close the public hearing. Councilman Korioth seconded the motion and all voted "aye". After some discussion on the parking, lease restrictions and proper screening, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", approved the recommendation of the Planning and Zoning Commission to rezone a portion of a tract bounded by Josey Lane, Dennis Lane and the Valwood Shopping Center with an exception of a 200' strip along Josey Lane, to PD MF-2 with specific restriction be the proper screening of retail areas. 1 Page 43 PUBLIC HEARING - TO AMEND ZONING ORDINANCE TO PERMIT THE USEAGE OF A BEAUTY OR BARBER COLLEGE IN AN LR-2 ZONE Mayor Grimmer opened the public hearing. Mayor Grimmer read the recommendation from the Planning and Zoning Commission which recommended to the Council for consideration to amend the Zoning Ordinance by establishing a barber or beauty college as a permitted used in an LR-2 zone with a Specific Use Permit (in addition to presently permitted zones). The Planning and Zoning Commission had been requested to consider allowing a barber and beauty college in a LR-2 zone by Mr. Rubinett of Henry S. Miller Company owners of the Valwood Shopping Center. No one was present objecting to the request. Upon a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", closed the public hearing. The Council expressed their views on barber and beauty colleges. After some discussion on the fairness to the existing barber and beauty shops in the area, a motion by Council Korioth, a second by Councilman McClung, denied to amend the zoning ordinand to allow a barber or beauty college in a LR-2 zone. Motion carried 3 to 2, with Councilmen Korioth, McClung, Flaherty voting for the motion and Councilmen Linn, Binford opposed the motion. CHEMICAL EXTRACTION OF SILVER, GOLD, OR PLATINUM CLASSIFIED A.S A PERMITTED US IN L I OR H I ZONES Mrs. Lois Durden, of Ralph Porter Realtors, stated they were negotiating with Texas Metals, Inc, and are considering 11635 Welch Road for their location. She had been informed that the zornigg at this location did not classifyin its usage chemical extraction of silver, gold, or platinum. She stated that Texas Metals, Inc. are requesting that the chemical extraction of silver, gold, or platinum be a permitted use in a Light or Heavy Industrial Zone. Mr. Peter Palitto, Vice President of Texas Metals, Inc, explained his operation of the process of receiving and reclamation of waste x-ray products and other waste material such as silver and some gold. He stated the operation did not involve any emission of smoke, odor, noise, glare, or vibration than permitted in a Light Industrial zone. Mr. Palitto stated he liked the location that he had f ound and wanted to establish Texas Metals Inc. in Farmers Branch Metropolitan Commercial Park. Upon a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", closed the public hearing. Page4 4 After consideration and discussion of the recommendation of the Planning and Zoning Commission, a motion by Councilman Korioth, a sectond by Councilman Binford, all voting "aye", adopted a resolution creating a new zoning category, being "chemical extraction of silver, gold, and platinum"; as a permitted use in the Light Industrial and Heavy Industrial Zone, and this useage of "chemical extraction of silver, gold, and platinum" contained inside a building is created by authority of Ordinance No. 769, Article 8-200. BID TABULATION - M. K. T. STORM SEWER City Manager Paul West recommended the bid be awarded to Shandel Construction Company for their low bid of $68, 421. 60 on a project that consists the installation of pipe in the presently opwned ditch that extends along the Katy Railroad south of Bee Street to Rawhide Creek. Mr. West explained that this is one of the projects contained in the 1967 Bond Projects and would be financed by Street and Drainage Bond Funds. Upon a motion by Councilman Korioth, a second by Councilman Binford, all voting "aye", awarded the low bid of $68, 421. 60 to Shandel Construction Company for the M. K. T. storm sewer project as recommended by the City Manager. BID TABULATION - AUSTELL PARKWAY PAVIM City Manager Paul West reported that since one bid was received on the paving of Austell Parkway he recommended to reject this bid and readvertise for new bids. Upon a motion by Councilman Linn, a second by Councilman McClung all voting "aye", rejected the bid for paving Austell Parkway and authorized the readvertisement for new bids. BID TABULATION - FIRE TRUCKS City Manager Paul West explained that the low bidder, Howe Fire Apparatus Company, on the aerial truck for the Fire Department did not meet the specifications and recommended the bids be awarded to Ward La France on their bids of $38, 765. 00 for the pumper truck, and $61, 652. 20 for the aerial ladder truck. Upon a motion by Councilman Korioth, a second by Councilman Linn, all voting "aye", awarded the bid for a pumper truck in the amount of $38, 765. 00 and the bid for an aerial ladder truck in the amount of $61, 652. 20; total of bids in the amount of $100, 417. 20 to Ward La France in New York as recommended by the City Manager and the Fire Chief. BID TABULATION - AIR COMPRESSORS After some discussion, a motion by Councilman Korioth, a second by Councilman McClung, all voting "aye", awarded the bid to Texas Contractors Page 45 Supply for two 125 CFM Trailer M. T. D. Compressors for $3, 260. 00 each, total $6, 520. 00 less trade in of $250. 00; plus one Thor #6 Tamper in amount of $352. 00; and plus one 3/4" x 50' hose with couplings in the amount of $24. 83, with the total beid being $6, 646. 83. RESOLUTION ASKING CONGRESS TO ELIMINATE TAX BILL ON ALL DIRECT TAX ON MUNICIPAL BONDS Upon a motion by Councilman Flaherty, a second by Councilman Binford all voting "aye", passed a resolution and to send this resolution to all Texas Congressmen asking them to eliminate from the Tax ReformBill all direct or indirect taxes proposed to be levied on municipal bonds. Councilman Korioth stated to the news paper people that the Council would appreciate any publicity they could get concerning their objection to this tax bill. I. H. 35 E LIGHTING City Manager Paul West presented an agreement from the State Highway Commission stating that in 1966 the City of Farmers Accepted a minute order from the State Highway Department agreeing to the installation of continious lighting on 35E. The agreement provides that the state would pay for the complete installation and the City of Farmers Branch would pay for the power and maintenance after installation is completed. After some discussion, a motion by Councilman Binford, a second by Councilman Flaherty, all voting'Aye" except Councilman Linn who abstained from voting, authorized the execution of an agreement between the State and the City on the lighting of 35E; so as the state would pay for the complete installation and the City would pay for the power and main- tenance after installation is completed. VARIOUS BOARD MEETINGS TA.PED DISCUSSED Councilman Korioth expressed his desire to tape all the various board meetings. The rest of the Council did not fully agree with Councilman Korioth, their thought were that it should be left up to the board whether to tape their meeting or not. Mr. Sid Shaw , member on the Zoning Board of Adjustments, stated a secretary who takes the minutes should be sufficient. Mr. Fred Moore, 13659 N. Rawhide, agreed that the board should determine whether they wanted their meeting taped or not. Mr. Moore stated the boards minutes always stated to the Council their recommendation and that minutes should be sufficient. Councilman Korioth agreed too, it should be the decision of the board. After some discussion, a :motion by Councilman Flaherty, a second by Councilman Korioth, all voting "aye", left the decision to the board Page 46 whether to tape their meetings or not and if so the tape would be made available. COMPUTER AND DATA. PROCESSING City Manager Paul West explained that he and his department heads had been investigating the possibilities of Data Processing for the City. He stated the I. B. M. Company has come out this year with a new computer called I. B. M. System/3 which has all program capabilities of the larger computers. Mr. West stated the reason for I. B. M. is of their extensive experience with cities in this area, and their extensive training capabilities and maintenance facilities available. He said the equipment could not be delivered before January 1, 1971, if authorized to proceed with the future planning. He commented that the computer equipment will cost approximately $1, 500. 00 or less a month on a lease basis, but the decision whether to lease or purchase does not have to be made at this time. Several programs are anticipated to be planned out by the time the equipment arrives. Mr. West reported that the pay-roll will be put on the computer about the first of June, 1970. To do this, the City will have to rent card punching equipment and will lease equipment at the I. B. M. facilities by the hour to run our pay-roll through the computer. The city plans to train one of our employee's as computer programer which the city will need to hire someone to replace the person that is selected programer. Mr. West recommended that the Council authorize the Administration to proceed with plans for acquiring I. B. M. System/3 as soon as feasible by authorizing the expenditure of approximately $5, 000. 00 for training our personnel and setting up our program. Mr. Phil Sizer, 14127 Tanglewood Drive, suggested that there were several companies around that serves other on computers and that the City might want to check on them. The Council complimented the City Manager for his farsightedness for the city. After some discussion, a motion by Councilman McClung, a second by Councilman Flaherty, all voting "aye", authorized the expenditure of approximately $5, 000. 00 for training city's personnel and setting up the city's program. TOPOGRAPHIC MAPPING PROGRAM City Manager Paul West explained how important and why a topography mapping program of aerial photography is for a city. He stated the maps would be used by all departments for various purposes such as: location of water lines, valves, fire hydrants, sanitary sewer lines, manholes, lift stations, storm sewer facilities, including natural drainage, drainage ditches, junction boxes, and outlet structures. Page 47 Mr. West stated that a set of large scale accurate base maps will serve as foundation for a mapping system from now on. He pointed out the maps the city now has are inaccurate and their use if very limited. The City Manager asked the Council to authorize him to enter into an agreement with a cartographic engineer for the furnishing of topographic mapping not to exceed in the amount of $25, 000. 00. After some discussion, a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", authorized the City Manager thru negotiations proceed with the topographic mapping plan and not to exceed the amount of $25, 000. 00. WORKMEN'S COMPENSATION DISCUSSION City Manager Paul West discussed the Workmen's Compensation Act for municipal employees passed by the legislature which permits cities to take Workmen's Compensation Insurance or be self insurers. Mr. West went on to say that if the City were to take out Workmen's Compensation Insurance, it would cost about $25, 000. 00 in annual premiums. Mr. West explained the city's present insurance policy which has adequate benefits and recommended not to take Workmen's Compensation Insurance on employees. After some discussion, a motion by Councilman Korioth, a second by Councilman Linn, motion carried 4 to 1 with Councilman Flaherty abstaining, authorized as recommended by the City Manager to continue with the present insurance facilities and not take Workmen's Compensation Insurance. TORT CLAIMS ACT City Manager Paul '"Test and City Attorney Louis Nichols explained the Texas Legislature passed a Tort Claims Act that removes some of the city's governmental immunity from liability suits, and permits cities to carry insurance to protect themselves from these suits. Mr. West stated the city carried insurance on all of its mobil equipment, with the exemption from this act for emergency operations of the Police and Fire Departments places the city in a relatively good position. The City Manager recommended that the city continue under our present insurance policy until the State Board of Insurance sets rates for this type of policy at which time this can be reconsidered. Upon a motion by Councilman Binford, a second by Councilman Flaherty, all voting "aye", accepted the recommendation of the City Manager to operate under the city's present insurance policy until the State Board of Insurance sets rates for this type of policy at which time this can be reconsidered. 'Page 48 PURCHASE OF THREE ADDITIONAL RADIOS FOR THE FIRE DEPARTMENT City Manager Paul West explained that the Fire Department will be in need of three additional radios for the new equipment and if the city orders them now under the present contract with Motorola, it would save the City some $450 to $600. After some discussion on the cost, a motion by Councilman Korioth, a second by Councilman McClung, all voting "aye", authorized the expenditure of three radios in the amount of $759. 20 each for a total of $2, 277. 60 to be added to the present contract with Motorola. ORDINA:N,CE NO 834 - PROHIBIT PARKING IN FRONT OF TOWN NORTH PARK ON MORNINGSTAR Upon a motion by Councilman Korioth, a second by Councilman McClung, all voting "aye", adopted the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, MAKING IT UNLAWFUL FOR ANY PERSON TO STOP, STAND OR PARK A VEHICLE, EXCEPT IN COM- PLIANCE WITH THE LAW OR THE DIRECTIONS OF ANY POLICE OFFICER OR TRAFFIC CONTROL OFFICER OR TRAFFIC CONTROL DEVICE ON THE SOUTH SIDE OF MORNINGSTAR FROM EIGHTY NINE (89. 0) FEET EAST OF THE CENTERLINE OF SHADYRIDGE LANE, FOR A DISTANCE OF FOUR HUNDRED TWELVE (412. 0) FEET TO A POINT FIFTEEN (15) FEET EAST OF CENTERLINE OF MORNINGSTAR CIRCLE IN THE CITY OF FARMERS BRANCH; PROVIDING FOR A. PENALTY; AND DECLARING AN EMERGENCY. ADJOURNED TO EXECUTIVE SESSION 1 Page 49 EXECUTIVE SESSION City Council Meeting of December 15, 1969. LAND ACQUISITION - Buttonwood Street City Manager Paul West stated the city has a request from Mr. Lawson Lewis to abandon any claim to approximately 2/3 of the portion of Buttonwood Street between Bee and Demetra. After some discussion, a motion by Councilman McClung, a second by Councilman Linn, all voting "aye", referred this matter over to the City Attorney. LAND ACQUISITION - I. H. 635 AND JOSEY LANE The Council discussed the previous request to the Highway Department for on and off ramps at Josey Lane and to build seriTice roads on either side of I. H. 635 between Josey Lane and Webb Chapel. The Highway Commission turned down the request for the ranps but did agree to build the service roads provided the city would furnish any needed right-of-way. After sonie;tUscussion, a motion by Councilman Linn, a second by Councilman Korioth, all voting "aye", authorized for the needed 'right- of-way be appraised and bring back to the Council the appraised value at which time the Council will authorize an offer to be made to the property owners. DISCUSS PERSONNEL MATTERS - Board of Equalization After much discussion on appointing a Board of Equalization at a later date, a motion by Councilman Korioth, a second by Councilman Flaherty, all voting "aye", was made to appropriate $5, 400. 00 for the purpose of hiring an appraiser to assist the tax assessor. DISCUSS PERSONNEL MATTERS - Appointment to the Board of Adjustment After some discussion, a motion by Councilman Linn, a second by Council- man Korioth, all voting "aye", appointed Mr. Lynn Odom to the Zoning Board of Adjustments upon his acceptance. DISCUSS PERSONNEL MATTERS - Park and Recreation Board After some discussion on proceedures of the Park and Recreation Board, a motion by Councilman Korioth, a second by Councilman Linn, rejected the revisions of the Park and Recreation Board Rules and Regulations and return them to the Board for the revisions to be provided as Council had recommended. The motion carried 4 to 1, Councilman Flaherty opposing the .motion. The Council requested that the approved minutes of the Park and Recreation Board be sent to them. Page 50 1 1 ADJOURNMENT Upon a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", adjourned the meeting of December 15, 1969 at 11:25 P.M.. Mayo G or G. rimmer ity Secretary Page 51