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1968-11-04 CC Minutes CITY OF FARMERS BRANCH MINUTES OF A REGULAR MEETING CITY COUNCIL November 4, 1968 All members of the City Council were present: Mayor Mayor Pro-Tem Councilwoman Councilmen City Manager City Attorney Rep. City Secretary Robert H. Langdon Bill Roberts, Jr. Alma Broadhurst George Grimmer John Helms Ed Schedler, Jr. Dennis Spellmann Tim Kirk Ruth Ann Parish Mayor Langdon called the meeting to order. Robert Turner, minister of Christ Methodist Church gave the invocation. APPROVAL OF MINUTES The minutes of a regular meeting, October 21, 1968 were considered and approved by motion of Councilman Helms, seconded by Councilman Roberts, all voting "ayes". DISCUSSION ON LIBRARIAN Mayor Langdon read from page 7, Article III, Section 3.02 of the City Charter stating that the "City Manager shall be the chief executive officer and the head of the admin- istrative branch of city government. He shall be re- sponsible to the Council for proper administration of all affairs of the city under his jurisdiction and to that end, he shall have power and shall be required to: (1) appoint, and when necessary for the welfare of the City, remove any officer or employee of the City except as otherwise provided by this charter and except as he may authorize the head of a department to appoint and remove subordinates in such department;". Mayor Langdon scheduled the discussion for the people in the audience to come one by one to the microphone and speak their peace, then the City Manager would give his state- ment. Page 9 f F Larry Siegler, 2965 Eric Lane, stated he was on the interim library board that hired Mrs. McClain. This board,he stated, searched far and found their choice as a librarian to be Mrs. McClain. Mr. Siegler praised Mrs. McClain highly and said she should be reinstated as librarian for the City of Farmers Branch. Will Cooper, 13537 Challaburton, who had served on the interim library committee stated he echoed everything Mr. Siegler said and asked that didn't the City have an ordinance to review the matter before the Counc:L Mayor Langdon answered his question with no that it was an administrative matter and the city manager was required to act on his own. Mrs. June Cooper stated how Mrs. McClain worked with the children and ask why this action was taken, and that Mrs. McClain should be reinstated for the sake of the children. John Miniter, 13511 Heartside, library board member and assistant professor of library science at Texas Woman's University said Mrs. McClain has performed her work well and expressed appreciation to Mrs. McClain. Cecil Barfonte stated two rumors he heard -the staff was to be reduced and objected to her because the library had not been built up like it should be. Ray Flaherty, 13220 Challaburton, stated that this, the dismissing of Mrs. McClain, had done great harm to the children in Farmers Branch. Mr. Flaherty asked if Mr. Spellmann resumed full responsibility for this action. Mr. Spellmann answered yes. Each of the Council members were asked by Mr. Flaherty if they had participated in this. Each one answered no. Mr. Flaherty said this could have been handled in a way without embarrassment to Mrs. McClain. He also stated that a librarian should not have to operate under a Fire Chief. Ed Brown, 3212 Rolling Knoll Place, stated there is no correlation between Farmers Branch and Sulphur Springs. He also explained the Special Account the Library has at the bank; this is a special fund set up for donations and every penny can be accounted for. Fred Moore, 13656 Rawhide, stated he had discussed with Mr. Spellmann some of his ideas and approaches and they were good but this action taken on by himself was a disgrace. Mr. Moore accused Mr. Spellmann of being disloyal to the citizens of Farmers Branch and since Mr. Spellmann assumed full responsibility he should not be city manager here in Farmers Branch and urged the Council to make a change. Page 10 Mrs. James Holliday, 14424 Hague, stated this action is a grave injustice to Mrs. McClain. She said she was there Saturday, books were mis-shelved and ask how long it would be before competent help would be hired and the children can get books like they could before this? Val Webster praised Mrs. McClain on helping her sons to read and enjoy it. She asked how could one man do this? Mrs. Tom Thompson, 2814 Ermine Way, stated she feels like Mrs. McClain is more than a librarian, she is a spirit. Mrs. Judy Byrd, 2980 Eric Lane, spoke upholding Mr. Spell- mann's decision. She said her child age 4 years could not get a library card until she was school age and wondered how Ed Brown's child got a card at the age of 4 years. She stated there had been times when she wanted a top seller book but could not have it because it would be in a drawer being held for someone else. Mr. Spellmann, City Manager, stated that the decision of the dismissal of Mrs. McClain was based on his professional judgment. He stated after efforts to effect a gradual change in library procedures, he came to the conclusion that a new head librarian was needed to prepare for growth. Mr. Spellmann said when he approached Mrs. McClain on retiring as head librarian and maybe work part time with a lesser position she threatened slowdowns, walkouts and passive resistance and said she would not retire but he would have to fire her. Mr. Spellmann said this was a very difficult decision but the library is not for Mrs. McClain but for the public. Mr. Spellmann told the Council he had hired someone who was interested in working only six weeks to help keep the library operating. Councilman Grimmer asked Mr. Spellmann if he consulted anyone on his decision. Mr. Spellmann answered that he had consulted with administrative assistant, Bob Yager. Mayor Langdon stated that Mr. Spellmann had told him he was having some problems in one of the departments and he told him to handle whatever it was through administration. Councilman Roberts inquired about the Special Account in which he was unaware of. Mr. Ed Brown stated that every library had an account like this. Mr. Spellmann said this and all monies from all departments should be handled through the City for audited accounts and that discount on purchases by the City were more economical. Page 11 After this lengthy discussion, a motion of a vote of confidence for the City Manager was made by Councilman Roberts, second by Councilwoman Broadhurst. Voting "ayes" were Councilwoman Broadhurst, Councilmen- Roberts, Helms, Schedler, and with Councilman Grimmer voting "nay". DISCUSSION ON VALWOOD PARKWAY Mayor Langdon opened the discussion by welcoming the people who were invited by letter to an open discussion on the parking situation on Valwood Parkway. Mr. Spellmann read the recommendations from the consultant's report. The recommendation that the regulations now in effect be continued which is no parking on street between certain hours. Widening the street to allow unrestricted parking would require that the median width be reduced to twelve feet and the curbs be moved out a distance of seven feet. This widening would maintain only present capacity and would require the adjusting of curb grades, sidewalks, and driveway entrances. Funds are not available at this time for this expense replied the Mayor. Mr. Joe E. Simmons, 2515 Valwood, stated he could use Spring Valley as his alley but it was sure rough and dusty. He said with the cars parked up in yards and on sidewalks was down grading the neighborhood. Also he stated that the north side of Valwood could use easement in rear but it is impossible for the south side to use easement. Mrs. L. Mathes, 2511 Valwood, stated her yard was the only place she had for extra parking, and improving the alley would help her. Robert Turner, minister of Christ Methodist Church said if cars could park along Valwood on Sunday morning would be a great help to them. Mrs. Morris, 2880 Valwood, stated she lives close to the park and school, and that parking in the yards is unsightly. There is no easement or alley in the rear of her property. Billy Dawson, 2544 Valwood, stated that the alley would not be sufficient and the city should remove the no parking signs. He said the best solution would be to remove the median strip. Bill Edwards, 2563 Valwood, presented photos of different areas along Valwood showing the cars parked in the yards, Page 12 and on the sidewalks. Mr. Edwards suggested the city remove the parking ban and widen the street, he also stated that the city would spend too much money to fix the alley. Robert Hill, 2627 Marietta, stated he had been a resident of Farmers Branch since 1953 and would like to commend the past and present administration for the good job they have done. Mayor Langdon concluded with that the Council, engineering department and the City Manager would take these suggestions under consideration and study and would report back to the people at a later date. The Council agreed to install signs to permit parking on street on week-ends and holidays. BROOKHAVEN GROUP ASK FOR REZONING Mayor Langdon opened the discussion. A group of Brookhaven property owners presented their request to rezone two tracts of land to "R-2.5" Residential. The tracts of land are: Tract 1: All the Special Permit Apartment zoned land located 1325 feet south of Belt Line Road between Webb Chapel Road and Marsh Lane; provided that a strip of land measuring 200 feet in a north south direction and 4750 feet in an east west direction will remain Special Permit Apartment; Tract 2: All of the R-4 residential land located immediately to the west of the northern portion of Tangle- wood Drive. Mr. Raymond Dunn spokesman for the group pointed out on the map the proposed zoning. He presented to the Council a petition with 483 property owner's signatures. He stated these homes in this area is too high priced homes to have apartments next to them. He suggested a buffer zone of maybe duplexes. Speaking in opposition to the presently zoned Apartment Zoning were: Willard Broyles, J. W. Graul, John Saunders, Mr. Wilson, Colonel Malone, Allen Hutt, Phillip Sizer, B. J. O'Connor and Raymond Dunn. All these people stated that a buffer zone of duplexes or a park would satisfy them. Maylor Langdon explained that this property has been zoned a long time, but the Council would like to see if they could work with the developer to see what could or can be worked out. Page 13 The Council accepted the petition. After a lengthy discussen on the pros and cons on this property, Councilman Schedler made the motion to request to the Planning and Zoning Board to conduct a public hearing. The motion died in lack of a second. Mayor Langdon explained to the Council that the motion should be to deny or to approve to send their request to the Planning and Zoning Board for public hearing. Councilman Roberts made the motion to deny their request but to control density, Councilman Helms seconded, all voted "aye". HAWNCO PRESENTED SITE PLAN Ran Hollman, of Hawnco, Inc., presented a ste plan for apartments on area in question in above item. Mr. Hollman discussed the street structure and placement of apartments on the area. Mayor Langdon stated that this area is in need of a park. Mayor Langdon asked Hawnco to consider a park at this location, the location being the area that is adjacent to three lots on Tanglewood. The Council sent this matter back to the Planning and Zoning Board, for study. Upon a motion by Councilman Roberts, a second by Council- woman Broadhurst, all voting "ayes", approved the pre- liminary plat subject to the through street from Marsh Lane to Webb Chapel Road. ORDINANCE NO. 756 - ABANDONMENT OF DRAINAGE EASEMENT Upon a motion by Councilman Grimmer, a second by Councilman Roberts, all voting "ayes", passed the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ABANDONING A PORTION OF A DRAINAGE EASEMENT WHICH IS NO LONGER NEEDED OR NECESSARY FOR PUBLIC PURPOSES; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN FAVOR OF THE SOUTHWESTERN TOWN LOT CORPORATION AND ST. LOUIS SOUTHWESTERN RAILWAY COMPANY OF TEXAS, THE OWNERS OF THE ABUTTING PROPERTY; PROVIDING THAT SUCH ABAN- DONMENT SHALL BE INSOFAR AS APPLICABLE TO THE PUBLIC RIGHT, TITLE AND INTEREST IN SUCH EASEMENT ONLY; PROVIDING THAT THE ABANDONMENT ORDINANCE SHALL CON- STITUTE A QUITCLAIM DEED IN FAVOR OF THE ABUTTING PROPERTY OWNERS; AND DECLARING AN EMERGENCY. Page 14 TECHNICAL CHANGE OF RATE FROM TEXAS POWER AND LIGHT COMPANY Upon a motion by Councilman Roberts, a second by Councilman Schedler, all voting "ayes", approved two rate schedule riders from Texas Power and Light Company, one rider amends the Water Heating Service Rate and the other amends the Space Heating Service Rate. This change would effect the commercial property only. ORDINANCE NO. 754 - OPERATING ADJUSTMENTS Upon a motion by Councilman Helms, a second by Council- woman Broadhurst, all voting "ayes", passed the following captioned ordinance: AN ORDINANCE MAKING CERTAIN ADJUSTMENTS IN THE OPERATING BUDGET IN ORDER TO TRANSFER CERTAIN OPERATIONS FROM VARIOUS DEPARTMENTS IN THE 1968 - 1969 BUDGET. DECLARING DELINQUENT TAX ROLL Upon a motion by Councilman Roberts, a second by Councilman Grimmer, all voting "ayes", the Council approved the total delinquent ad valorem taxes due the City of Farmers Branch as of September 30, 1968 as prepared by Jerry R. Griffin, City Assessor and Collector of Taxes. AGREEMENT SIGNED BY CITY MANAGER ON OECHSNER PROPERTY Upon a motion by Councilman Grimmer, a second by Councilman Roberts, all voting "ayes", authorized the City Manager to sign agreements with John Oechsner, Jr. and John Oechsner, Sr. relative to the widening of Valley View Lane and the closing of Keenan Bridge Road. ORDINANCE NO. 755 - ABANDONING A PORTION OF KEENAN BRIDGE ROAD Upon a motion by Councilman Grimmer, a second by Councilman Roberts, all voting "ayes", passed the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH ABANDONING A PORTION OF KEENAN BRIDGE ROAD WHICH IS NO LONGER NEEDED OR NECESSARY FOR PUBLIC STREET PURPOSES; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN FAVOR OF THE OWNERS OF THE ABUTTING PROPERTY; PROVIDING THAT SUCH ABANDONMENT SHALL BE INSOFAR AS APPLI- CABLE TO THE PUBLIC RIGHT, TITLE AND INTEREST IN SUCH ROADWAY FOR STREET PURPOSES ONLY; AND DE- CLARING AN EMERGENCY. Page 15 VALLEY VIEW RIGHT-OF-WAY City Manager Dennis Spellmann reported to the Council that the work on Valley View is progressing very well and the City needsto obtain some right-of-way from Fred Marsh and Fred Gonzales, which the Public Works Director is negotiating with now. Upon a motion by Councilwoman Broadhurst, a second by Councilman Roberts, all voting "ayes", authorized City Manager Dennis Spellmann to sign a change order to existing contract with Uvalde Construction Company to construct an additional three barrel multiple box culvert across Valley View Lane at Rawhide Creek and for this not to exceed $31,500. City Manager reported that street project #64 should start to work about Thursday. RAILROAD SIGNALS City Manager reported to the Council that the Railway Company would be from 3 to 6 months in installing signal flashers at Valley View Lane, Royal Lane, and Valwood Parkway. The City's previous agreement was to pay some $23,000 as the City's portion for these flashers. After some discussion, a motion by Councilwoman Broadhurst, a second by Councilman Schedler, all voting "ayes", agreed to rescind the whole agreement with St. Louis-San Francisco Railway Company that had been made previous. After hearing City Manager's suggestion on installing the City's own flashing stop signs at Royal Lane and Valwood Parkway, Councilman Roberts, moved to do so with a second by Councilman Helms, all voting "ayes". ADJOURNMENT Upon a motion by Councilman Helms, a second by Councilman Grimmer, all voting "ayes", adjourned the meeting at 12:10 A.M. Mayor Robe t Langdon Fifty Secretary Page 16