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1969-01-06 CC MinutesCITY OF FARMERS BRANCH MINUTES OF A REGULAR MEETING CITY COUNCIL January 6, 1969 7:30 P.M. All members of the City Council were present: Mayor Mayor Pro-Tem Councilwoman Councilmen City Manager City Attorney City Secretary Robert H. Langdon Bill Roberts, Jr. Alma Broadhurst George G. Grimmer John D. Helms Ed Schedler, Jr. Dennis Spellmann Robert Baker Ruth Ann Parish Mayor Langdon called the meetingto order. Glenn Hayden, pastor of the First Baptist Church gave the invocation. APPROVAL OF MINUTES The minutes of a regular meeting, December 16, 1968 were considered and approved by motion of Councilman Schedler, seconded by Councilman Grimmer, all voting "ayes". PUBLIC HEARING - H. W. MARSH PROPERTY Mayor Langdon opened the hearing by explaining the request of zone change by Mr. H. W. Marsh being: to change the zoning on Lots 7 and 8, of the Block B of North Dallas Truck Farms Addition in the tax records of the City of Farmers Branch, also being southwest corner of Bee Street and Wicker Street from "R-5" residential zone to "L-M" manufacturing zone. Mr. Gene Thompson, son-in-law of Mr. Marsh, was the spokesman for the zone change. He stated that they wished to put in a nursery-garden center type of business and this was the zoning he was informed that he needed. After some discussion on Mr. Marvin Springer's comments with regard to consideration on adjoining residential areas to the north and east, a motion by Councilman Roberts, a second-by Councilwoman Broadhurst, all voting "ayes", closed the hearing. Page 31 After Council comments, a motion by Councilwoman Broadhurst, a second by Councilman Roberts, granted the zone change request of Mr. H. W. Marsh. Councilwoman Broadhurst, Councilmen Roberts, Helms, Grimmer voting "ayes"; and Councilman Schedler voting "nay" as to favoring a site plan approval. RECREATION AND ACTIVITIES BOARD INTRODUCED Mrs. Leslie Collette introduced to the Council and audience, along with herself, the new members of the Recreation and Activities Board. Present were Betty Laney, Graham Brewer, Wayne Glenn, and Bill Eason. Kenneth Baxter was unable to be present. EXECUTION OF PIPE LINE LICENSE AND RESOLUTION AGREEMENT Upon a motion by Councilman Helms, a second by Councilman Grimmer, all voting "ayes", passed a resolution, whereas the City of Farmers Branch, Texas, desires to construct a storm sewer line under the Missouri-Kansas-Texas Railroad Company right-of-way at the Valley View Lane Crossing and, authorized the Mayor to execute the pipeline license agreement with the Railroad Company on behalf of the City. ORDINANCE NO. 762 - ABANDONING PORTION OF KEENAN BRIDGE ROAD Upon a motion by Councilman Grimmer, a second by Councilwoman Broadhurst, all voting "ayes", passed the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ABANDONING A PORTION OF KEENAN BRIDGE ROAD WHICH IS NO LONGER NEEDED OR NECESSARY FOR PUBLIC STREET PURPOSES, BUT RESERVING AN EASEMENT FOR ALL PUBLIC UTILITY COMPANIES AND PUBLIC UTILITY USES; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN FAVOR OF THE OWNER OF THE ABUTTING PROPERTY; PROVIDING THAT SUCH ABAN- DONMENT SHALL BE INSOFAR AS APPLICABLE TO THE PUBLIC RIGHT, TITLE AND INTEREST IN SUCH ROADWAY FOR STREET PURPOSES ONLY; PROVIDING THAT SUCH ABANDONMENT SHALL NOT IN ANY WAY AFFECT THE RIGHT OF ANY PUBLIC UTILITY LOCATED IN SUCH ROADWAY; AND DECLARING AN EMERGENCY. RESOLUTION - DRAINAGE EASEMENT IN THE BRANCH PROPERTIES, INC. Upon a motion by Councilman Roberts, a second by Councilman Grimmer, all voting "ayes", passed a resolution whereas, the State of Texas is the owner of certain drainage easements hereinafter described in the City of Farmers Branch which have been declared surplus to the needs of the State of Texas, thereby the State of Texas proposes to dispose of said right of way easements subject to the approval of the governing body of the City of Farmers Branch. Page 32 ACCEPTION OF DEDICATION DEED FROM THE SOUTHWESTERN TOWN LOT CORPORATION AND THE ST. LOUIS SOUTHWESTERN RAILWAY COMPANY Upon a motion by Councilman Roberts, a second by Councilwoman Broadhurst, all voting "ayes", accepted a dedication deed from Southwestern Town Lot Corporation and the St. Louis Southwestern Railway Company granting the City of Farmers Branch an easement for the purpose of constructing, operating and maintaining a drainage facility in, along, upon and across said premises. APPROVED RESOLUTION AND ORDINANCE NO. 763 FROM T. R. A. OF TEXAS REVENUE BONDS, SERIES 1968, $160,000. Upon a motion by Councilwoman Broadhurst, a second by Council- man Grimmer, all voting "ayes", approved a resolution direct- ing the issuance, sale and delivery of Trinity River Authority of Texas (Elm Fork Project) Revenue Bonds, Series 1968; making provision fDr the security and payment thereof; and resolving other matters relating thereto; and approved ordinance approving a resolution by Trinity River Authority of Texas authorizing the issuance of Trinity River Authority of Texas (Elm Fork Project) Revenue Bonds, Series 1968, $160,000. RESOLUTION TO COMMISSIONERS COURT ON MASTER THOROUGHFARE PLAN Upon a motion by Councilman Grimmer, and a second by Council- man Helms, all voting "ayes", passed a resolution to Commiss- ioners Court from the City (as a City in the Greater Dallas County League of Municipalities) to prepare and recommend a Master Thoroughfare Plan for Dallas County. Councilman Schedler stated that if the City approved this he would like to see Farmers Branch benefit from it. SIDEWALK ASSESSMENT ON JOSEY LANE FROM VALWOOD PARKWAY TO NORTH CITY LIMITS. After some discussion,as to the City of Carrollton has agreed to pay excess of what property owners are not assessed on the construction of sidewalks on the west side of Josey Lane from Spring Valley Road to Fyke Road in the north city limits; a motion by Councilman Grimmer, a second by Councilman Roberts, all voting "ayes", passed a resolution initiating sidewalk assessment on Josey Lane from Valwood Parkway to North City limits. VALLEY VIEW PAVING ASSESSMENT RESOLUTION Upon a motion by Councilman Roberts, a second by Councilwoman Broadhurst, all voting "ayes", passed an assessment resolution that authorizes proceedings for the assessment of property owners on west Valley View Lane in Street Project #62. Page 33 ACCEPTION OF PROMISSORY NOTE OF BRANCH PROPERTIES, INC. Upon a motion by Councilman Grimmer, a second by Council- woman Broadhurst, all voting "ayes", accepted a promissory note from Branch Properties, Inc. in the amount of $68,773.26 in lieu of assessment on their property along Valley View Lane in Street Project No. 62. APPROVAL OF FINAL PAYMENT ON THE ADDITION TO THE RECREATION CENTER Upon a motion by Councilwoman Broadhurst, a second by Council- man Roberts, all voting "ayes", approved the final payment to contractors on the recreation center addition. AWARD OF BIDS ON PETROLEUM PRODUCTS Upon a motion of Councilman Schedler, a second by Councilman Roberts, all voting "ayes", awarded Sinclair Refining Company, being the low and best of eight (8) bids, the bid on the oil and gasoline in the amount of $25,682.10 for the year of 1969. Upon a motion of Councilwoman Broadhurst, seconded by Council- man Grimmer, all voting "ayes", awarded Texaco, Inc. the bid on antifreeze in the amount of $324.00 being the low and best of eight (8) bids. REQUEST FOR SIDEWALKS Mr. Charles Cosby, 2976 Mark Twain, presented to the Council a signed petition of 37 property owners along the 2900 and 3000 block of Mark Twain requesting sidewalks on both sides of street. After some discussion, a motion by Councilwoman Broadhurst, a second by Councilman Roberts, all voting "ayes", approved the request for sidewalks in the 2900 and 3000 blocks of Mark Twain and this would go into the assessment program. WATER RATES DISCUSSED City Manager Mr. Spellmann presented to the Council the subject of the 200% increase of water rates in Dallas, He stated the City of Farmers Branch has over a year left on a contract to purchase water from the City of Dallas, and the City really did not have to much of a choice on what to do at this time. The Council agreed that the increase would have to be passed on to the consumer. Further study is to be made and presented to next Council meeting, January 20th. Page 34 APPOINTMENT TO RECREATION AND ACTIVITIES BOARD Upon a motion by Councilman Roberts, a second by Council- woman Broadhurst, all voting "ayes", appointed Jack Shirley to the Recreation and Activities Board. PARK LAND PURCHASED City Manager Mr. Spellmann reported to the Council that the City purchased from Mr. Truett Good some 4.2173 acres for $3,000 per acre instead of $3,500 per acre for park site. A brief discussion was held on the Farmers Branch School property. Upon a motion by Councilwoman Broadhurst and a second by Councilman Roberts, all voting "ayes", authorized the Mayor and the City Manager to negociate on all land of the school for appraisal's price of $110,000 and authorized to purchase 2.25 acres land itself (not including school) on price not to exceed $7,500 an acre. Upon a motion by Councilman Roberts, a second by Council- man Helms, all voting "ayes", authorized City Manager to acquire some 1.7475 acres for park purposes from the Good Estates. FRED MARSH PROPERTY In order for the City to acquire the right-of-way needed from Mr. Fred Marsh for the widening of Valley View Lane, Mr. Spellmann read the following verbally agreement: Mr. Marsh will quit claim all land south of a line parallel and 45 feet north of the existing center line of Valley View Lane provided: (1) The City will quit claim the land north of this line lying between his west property line extended to the south and his east property line; (2) His building may continue to occupy the land his building is on as long as the present building exists; (3) The City will reimburse him for the cost of relocating two gaso- line pumps and two five hundred gallon underground gasoline tanks. Upon a motion by Councilman Roberts, a second by Councilman Grimmer, all voting "ayes", accepted the agreement mentioned above. WATER CONTRACT NO. 38 (1 M.G. TANK & PUMP STATION) City Manager Mr. Spellmann presented to the Council a letter from an attorney, Mr. Claude R. Miller, stating a proposal of: That the City of Farmers Branch will accept the M. G. Page 35 Water Tank and Pump Station, Project W-38, WS-5-44-0010, as completed; the City of Farmers Branch will waive all claims for liquidated damages against Nor-Tex Contractors, Inc. and Pacific Indemnity Company; that the City of Farmers Branch will pay to Pacific Indemnity Company $15,100.00 in cash (the amount left in the contract); provided, Pacific Indemnity Company will pay Lot Cost Forms, Izc. $3,362.65, will pay the City of Farmers Branch $2,500.00, and will indemnify the City of Farmers Branch against all claims for labor and material furnished on said project; that when the settlement is completed, Pacific Indemnity Company will be released from all lia- bility under its bond, except only the indemnification mentioned. After much discussion, a motion by Councilwoman Broadhurst, a second by Councilman Helms, accepted the above proposal subject to H.U.D. waiving liquidated damages claim. Councilwoman Broadhurst, Councilmen Grimmer, Helms, Roberts voting "ayes" and with Councilman Schedler voting "nay" . The meeting adjourned. s Robert H. Langdo Mayor ity Secretary 1 Page 36