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1969-04-21 CC MinutesCITY OF FARMERS BRANCH MINUTES OF A REGULAR MEETING CITY COUNCIL April 21, 1969 7:30 P.M. All member of the City Council were present: Mayor Mayor Pro Tem Councilmen City Manager City Secretary City Attorney W. C. Roberts, Jr. George G. Grimmer Al Korioth John Helms Ed Schedler, Jr. W. R. Linn Dennis Spellmann Ruth Ann Parish H. Louis Nichols Mayor Roberts called the meeting to order. Rev. Keith Blake of Central Park Baptist Church gave the invocation. APPROVAL OF MINUTES Upon a motion by Councilman Linn, a second by Councilman Helms, all voting "ayes", considered and approved the minutes of April 7, 1969 Council meeting after correction of: on Page 80, last paragraph where "all voting "ayes", " should be "Voting ayes were Councilmen Korioth, Grimmer, Helms, Linn and voting nay Councilman Schedler. Upon a motion by Councilman Schedler, a second by Councilman Grimmer, all voting "ayes", considered and approved the minutes of April 14, 1969 Council meeting. PROCLAMATION - KIWANIS CLEAN UP DAY Mayor Roberts signed a proclamation for the Kiwanis Club stating Saturday, May 3, 1969 as Kiwanis Spring Clean-Up Day and presented it to Quinton Johnson of the club. PROCLAMATION - FIRE SERVICE RECOGNITION DAY Mayor Roberts signed a proclamation proclaming Saturday, May 10, 1969 as Fire Service Recognition Day and presented it to Fire Chief R. L. Yager. Page 8 9 PUBLIC HEARING - SIDEWALK IMPROVEMENTS STREET PROJECT NO. 68 Mayor Roberts opened the public hearing by explaining the location of the side- walks to be constructed. The location being on Josey Lane from the north right of way line of Valwood Parkway to the south right-of-way line of Fyke Road; Mark Twain Drive from the east property line of Heartside Place to the west property line of Webb Chapel Lane. In Opposition - Mr. Bill Wilkinson, 1839 Pleasant Run, Carrollton - stated he did not object to the sidewalk but did object to the assessment. Mr. Wilkinson stated he thinks the City should pay the entire amount because the City benefits not the property owner. Mr. O. J. Shelton, 1838 Pleasant Run, Carrollton - stated his disapproval of the assessment. Upon a motion by Councilman Schedler, a second by Councilman Korioth, all voting "ayes", closed the hearing. After Council discussion on proceedures and provisions for paying the assessment, a motion by Councilman Korioth, a second by Councilman Schedler, all voting "ayes", passed the following captioned ordinance no. 790: AN ORDINANCE LEVYING ASSESSMENTS AGAINST VARIOUS PERSONS AND THEIR PROPERTY FOR THE PAYMENT OF A PART OF THE COST OF CONSTRUCTION OF SIDEWALKS IN THE CITY OF FARMERS BRANCH, TEXAS, TO-WIT: JOSEY LANE FROM THE NORTH RIGHT-OF-WAY LINE OF VALWOOD PARK- WAY TO THE SOUTH RIGHT-OF-WAY LINE OF FYKE ROAD; MARK TWAIN DRIVE FROM THE EAST PROPERTY LINE OF HEARTSIDE PLACE TO THE WEST PROPERTY LINE OF WEBB CHAPEL LANE; PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND PAYABLE, THE RATE OF INTEREST, AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND MAKING SAID CHARGE A PERSONAL LIABILITY OF TIE PROPERTY OWNERS OWNING PROPERTY ABUTTING ON SAID STREETS; AND PROVIDING FOR THE COLLECTION THEREOF; AND DECLARING AN EMERGENCY. Mr. Wilkinson and Mr. Shelton still stating their objections was advised by the Council that City Attorney Louis Nichols could give them further advice. BOND FUND - BANK DEPOSITORY The Council discussed the interest rate of 5 1/4% per annum on bond monies in amount of $1, 250, 000 recently awarded by bid to Central Bank and Trust Company. Page 90 Mr. Steve Jordan of Central Bank and Trust stated that the bank would pay the City the best interest they could at the time of deposit. Mr. Fred Fahland read an article from the Dallas Morning News (April 8, 1969) that recently the City of Ft. Worth had been able to receiNe6. 4% on some of their funds; and, also reported that the City of Ft. Worth gives the authority to negotiate to the City Manager. Mr. Fred Moore stated that giving the City Manager authority to negotiate was to much of a burden to be placed on Mr. Spellmann's back - the Council should maintain this burden. After Council discussion, a motion by Councilman Helms, a second by Councilman Grimmer, authorized the City Manager to work with Mr. Steve Jordan of Central Bank on negociations of bond monies. The motion carried 4 to 1 with Councilmen Helms, Grimmer, Korioth, Linn voting "aye" and Councilman Schedler voting "nay". ORDINANCE NO. 778 - SOUTHWESTERN RAILWAY COMPANY Mr. Olin Humphries representative from Cotton Belt Railway Company which are developing Metropolitan Park area, asked the Council for further consideration on their request for a railroad crossing on Inwood Road. Mr. Humphries stated that on September 23, 1963, Ordinance No. .,230 they Council at that time approved the two crossings. After some discussion, a motion by Councilman Helms, a second by Councilman Schedler, all voting "ayes", adopted the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS GRANTING THE ST. LOUIS SOUTHWESTERN RAILWAY COMPANY AND THE ST. LOUIS SOUTHWESTERN RAILWAY COMPANY OF TEXAS THE RIGHT TO INSTALL A RAILROAD CROSSING ON INWOOD ROAD, SUBJECT TO CERTAIN CONDITIONS AND PROVIDING FOR AN EFFECTIVE DATE. FOLSOM APARTMENT SITE PLAN APPROVED After some discussion, a motion by Councilman Schedler, a second by Councilman Helms, all voting "ayes", approved the Robert S. Folsom apartment site plan located in the south portion of the Farmers Branch Shopping Center, as recommended by the Planning and Zoning Board. STREET NAME CHANGE - DELTA TO BETA After consideration of Planning and Zoning Board's recommendation to change the street name Delta to Beta in the Metropolitan Commercial Park, a motion by Councilman Grimmer, a second by Councilman Korioth, all voting "ayes", approved the street name change as recommended. Page 91 TABULATION OF BIDS - TENNIS COURTS After some discussion on warranties, performance and maintenance bonds, on which the bids received did not qualify, a motion by Councilman Linn, a second by Councilman Korioth, all voting "ayes", rejected bids received and authorized to re-advertise. ORDINANCE NO. 788 - SIGN ORDINANCE After some discussion Councilman Schedler, ordinance. a motion by Councilman Helms, a second by all voting "ayes", passed the following captioned AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS REGULATING ERECTION, CONSTRUCTION, ALTERATION, REPAIR, REMOVAL AND MAINTENANCE OF SIGNS; REQUIRING LICENSES, BOND AND PERMITS AND PERMIT FEES; PROVIDING DEFINITIONS; PROHIBITING SIGNS IN DEFINED PLACES; PRO- VIDING FOR EXEMPTIONS AND EXCEPTIONS; AUTHORIZING IMPOUNDING OF CERTAIN SIGNS AND REMOVAL OF NON- CONFORMING SIGNS; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. ORDINANCE NO. 789 - FENCE ORDINANCE After some discussion, a motion by Councilman Helms, a second by Council- man Schedler, all voting "ayes", passed the following captioned ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH REGULATING THE HEIGHTS OF FENCES WITHIN THE CITY, PROHIBITING FENCES IN CERTAIN LOCATIONS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. RAWHIDE CREEK DRAINAGE LAND After some'discussion on drainage land needed located the second lot south of Valley View Lane east of Rawhide Creek, a motion by Councilman Linn, a second by Councilman Korioth, all voting "ayes", authorized the City Manager to negociate for the property at a reasonable price. This property owned by Mr. Loyd Hinton. DISCUSSION ON SWIMMING POOL RATES The Council had a lengthy discussion on the swimming pool rates which the Recreation and Activities Board had recommended to change. Mrs. Boyd Taylor, 3250 Golfing Green stated she felt 50 a person was to high compared to last year's price. Page 92 The Council made no change of rates as set April 7, 1969. Arrangements for purchasing a season pass on an installment plan can be made with the recreation director or the cashier at the city hall. CITY MANAGER REPORTS Mr. Spellmann brought to the attention of the Council the Master Plan for fire station locations. TRANSFER OF FUNDS City Manager Dennis Spellmann explained a recommendation to transfer some funds from the Finance Directox He explained this was to be transferred to the various departments to cover engineering fees and work accomplished by City crews. They Were; Project From To Amount Street Project #64 G. O. Bond Fund General $2,167.10 Street Project #62 G. O. Bond Fund General $8,466.20 Street Project #68 G. O. Bond Fund General $1, 750.00 Street Project #71 G. O. Bond Fund General $3,500.00 Sewer Project #5-37 Water Bond Fund Water $9,310.36 Upon a motion by Councilman Helms, a second by Councilman Korioth, all voting "ayes", approved the transfer of bond funds. CORRESPONDENCE Councilman Linn read a letter from School Superintendent commending the City for help on their problem of removal of garbage from the schools; and also thanking the City for the signal light placed at Josey and Dennis. Councilman Linn read a letter from Mrs. L. L. Ground, 2935 Amber Lane, stating that she would like to see the Saturday night teen dances at the Recreation Center discontinued, protesting the conduct and noise level at such dances. Mrs. L. L. Ground was present stating her complaint again. Mrs. Ground and Mayor Roberts invited the rest of the Council to go to the recreation building and listen. Mayor Roberts read a letter from the City Attorney concerning the caseof Hawnco, Inc. VS. City of Farmers Branch over-ruling the motion for rehearing. APPOINTMENTS TO PLANNING AND ZONING BOARD After some discussion and consideration, a motion by Councilman Korioth, a second by Councilman Grimmer, appointed Tucker Latham for a term to expire May, 1972, and Jack Knight for a term to expire May, 1971 to the Page 93 Planning and Zoning Board. The motion carried 3 to 2 with Councilmen Koriorth, Grimmer, Linn voting "ayes" and Councilmen Helms, Schedler voting "nay". Upon a motion by Councilman Korioth, a second by Councilman Linn, appointed Joe McGowan for a three (3) year term to the Planning and Zoning Board. The motion carried 3 to 2 with Councilmen Linn, Korioth, Grimmer voting "ayes" and Councilmen Helms, Schedler voting "nay". APPOINTMENTS TO BOARD OF EQUALIZATION Upon a motion by Councilman Helms, a second by Councilman Grimmer, all voting "ayes", appointed H. L. Eldridge, Walt Manske, Robert E. Martin, as members of the Board of Equalization and as an alternate member Gene Carder. APPOINTMENTS TO LIBRARY BOARD Upon a motion by Councilman Korioth, a second by Councilman Schedler, all voting "ayes", appointed V. R. Brown and reappointed John Miniter to the Library Board. The Council expressed desire to meet with the Parks and Beautification Board at 7:00 P.M. May 5, 1969. WEBB CHAPEL RIGHT-OF-WAY After some discussion on procedures of the County to proceed with the work on Webb Chapel, a motion by Councilman Korioth, a second by Councilman Schedler, all voting "ayes", agreed to sign a contract with engineering firm Fowler and Grafe, Inc. with the Cityto guarantee 1% of contract up to $15, 000. After some consideration, a motion by Councilman Helms, a second by Councilman Schedler, all voting "ayes", authorized City Manager to retain an appraiser for an appraisal to be made on the reversion clause in No. 1 Fire Station deed and an appraisal on a tract of land 11/2 acres on Josey Lane. FIRE STATION LAND ADJOURNMENT Upon a motio ouncilman Korioth, a second by Councilman Helms, all voting " e " adjourned theity Council meeting of April 21, 1969. Mayor W-.-C. Bill" lob , Jr. City Secretary Page 94