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1968-09-16 CC MinutesFARMERS BRANCH, TEXAS MINUTES OF A REGULAR MEETING CITY COUNCIL September 16, 1968 All members of the City Council were present: Mayor Robert H. Langdon Mayor Pro-Tem Bill Roberts, Jr. Councilwoman Alma Broadhurst Councilmen George Grimmer John Helms Ed Schedler, Jr. City Manager Dennis Spellmann City Attorney H. Louis Nichols City Secretary Ruth Ann Parish Mayor Langdon called the meeting to order. George Hall, pastor of the Valwood Park Baptist Church gave the invo- cation. APPROVAL OF MINUTES The minutes of a regular meeting, September 16, were considered and corrected as follows upon a motion by Councilwoman Broad- hurst, a second by Councilman Schedler, all voting "ayes". - Reads: Add to the first paragraph page 110- "Let the record show that when one abstains from voting without reason of personal interest the abstain carries in favor of the motion made." PUBLIC HEARING - NORTHWOOD HOMES PROPERTY - VALLEY VIEW AND WEBB CHAPEL Mayor Langdon opened the hearing to consider a request by Northwood Homes, Inc, to change the zoning on a 34.56 acre tract located on the north side of Valley View west of Webb Chapel. This 34.56 acre tract comprises all of the vacant property at the northwest corner of Valley View and Webb Chapel, except 500 ft. by 500 ft. located at the immediate corner of the intersection. Existing zoning "R-2" is 1200 feet along Valley View and fronting 450 ft. along Webb Chapel from the intersection. Remainder of the property is zoned "R-3". Request is to zone property "R-3.5" for strip of land approximately 150 ft. in width along the west, north and east boundaries of the 34.56 acre tract -and- 11R-2.5" for remainder 114 of the 34.56 acre tract. Mr. Pollman, introducing his firm of Northwood Homes, Inc., explained this would be a valuable asset and enhance the City of Farmers Branch. He produced maps showing his pro- posal. His purpose for request was for smaller lots. He stated the houses built in the"R-2.5" would sell in the amount $36,600 to $41,200 and the "R-3.5" would sell in the amount of $25,525 to $28,575 with rear alley entrance on entire projects. Persons appeared in opposition were: John Tanner, 2926 Ermine Way; L. D. Humbert, 2917 Ermine Way; Ken Springer; W. R. Linn, 3016 Valley View Lane; and Don White, Glenside, submitted a petition of 80 per cent of people surrounding development opposing to the change. Upon a motion by Councilwoman Broadhurst, a second by Council- man Roberts, all voting "ayes", closed the public hearing. After each Councilman had the opportunity to speak his views, a motion by Councilman Schedler, a second by Councilman Grimmer, denied the request of zoning change. Councilwoman Broadhurst, Councilmen Schedler, Grimmer, Roberts voting "ayes" and Council- man Helms voting "nay". PUBLIC HEARING - ANNUAL BUDGET Mayor Langdon opened the public hearing to consider the 1968-1969 annual operating Budget. Mr. Spellmann, City Manager, presented the Budget with very few questions asked. In question was the tax raise and the money from the sales tax. Mayor Langdon and Mr. Spellmann explained that the tax raise is needed for Budget expenditures and the sales tax for emergencies that could come up this coming year. A motion to close the public hearing was made by Councilman Schedler, seconded by Councilman Helms, all voting "ayes". RESOLUTION - APPROVE 1968 TAX ROLL Upon a motion by Councilman Schedler, a second by Councilman Helms, all voting "ayes", a resolution was passed whereas, the Assessment Rolls for the year 1968, assessing all taxable property located in the City of Farmers Branch, have been pre- 115 pared in due course; and that the Board of Equalization of the City of Farmers Branch has carefully examined and given hearings to the owners of property desiring to be heard on protests of valuations and has reviewed and fully and finally revised said assessment rolls; that said Assess- ment Rolls for the year 1968 are in proper form, and are proper and correct as finally revised and equalized by the said Board of Equalization; and, that the Assessment Rolls covering taxable property in the City of Farmers Branch, assessed for City purposes for the year 1968, be and the same are hereby in all things approved, confirmed and adopted as the official Assessment Rolls, assessed for the benefit of the City for the year of 1968. ORDINANCE NO. 748 - ADOPT 1968 - 1969 BUDGET A motion by Councilman Roberts, a second by Councilman Schedler, with Councilwoman Broadhurst, Councilmen Roberts, Schedler, Helms voting "ayes" and Councilman Grimmer voting "nay", passed the following captioned Ordinance: AN ORDINANCE OF THE CITY OF FARMERS BRANCH PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1968 AND ENDING SEPTEMBER 30, 1969, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF FARMERS BRANCH FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERA- TION OF VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY; AND DECLARING AN EMERGENCY. ORDINANCE NO. 749 - SETTING TAX RATE Upon a motion by Councilman Roberts, a second by Councilwoman Broadhurst, with Councilwoman Broadhurst, Councilmen Roberts, Helms, and Councilman Schedler voting "ayes", and Councilman Grimmer voting "nay", passed the following ordinance whereas, assessments and renditions of all taxable property in the City of Farmers Branch have been made for the year 1968 by the Assessor and Collector of Taxes; that assessments and renditions for the year 1968 on all taxable property are hereby approved; and, that the tax rate to be levied for the year 1968 on all taxable property, real, personal or mixed, located within the City of Farmers Branch, be, and is hereby fixed at $1.25 per $100.00. PUBLIC HEARING DATE SET Upon a motion by Councilman Schedler, a second by Councilman Roberts, all voting "ayes", set the date of October 21 for public hearing requested by Fred Gonzales. 116 MACK SPENCER SUBDIVISION PLAT The Plan Commission had referred this item to the Council for clarification of plans for extension of Ford Road. The Council agreed that there would not be an extension of Ford Road, and referred this back to the Plan Commission. GRANT COUNTY STREET RIGHT-OF-WAY Upon a motion by Councilman Schedler, a second by Councilman Helms, all voting "ayes", granted the County the use of City street right-of-way to construct extension for Dallas North Turnpike. SITE PLAN - BROOKHAVEN HOSPITAL Mr. Jim Maser presented to the Council a revised site plan for development on the Brookhaven Hospital property. The proposal was to add a building for hospital use and a building for medical office use. After some discussion and consideration a motion by Councilman Grimmer, a second by Councilman Roberts, all voting "ayes", approved the site plan submitted. CANVASS RETURNS - REFUSE OPINION POLL - SEPTEMBER 14, 1968 Upon a motion by Councilman Schedler, a second by Councilman Helms, all voting "ayes", a resolution was passed canvassing returns and declaring results of a Refuse Opinion Poll held on September 14, 1968 for the purpose of selecting the con- tainers used for the collection of garbage and placement of container. Results: CANS SACKS CURBLINE HOUSELINE 343 512 322 518 EASEMENT FROM CHICAGO. ROCK ISLAND AND PACIFIC RAILROAD COMPANY Upon a motion by Councilman Schedler, a second by Councilman Grimmer, all voting "ayes", accepted an easement from Rock Island Railroad. This drainage easement is located in the Baptist Foundation development. APPOINTMENT OF AUDITOR Upon a motion by Councilwoman Broadhurst, a second by Council- man Schedler, appointed the C.P.A. firm of Smith, Baines, and Griffith as the auditors for the fiscal year 1967-1968. Councilwoman Broadhurst, Councilmen Schedler, Grimmer voting "ayes" and Councilmen Roberts, Helms voting "nay". MASTER PLAN FOR FIRE STATION LOCATIONS City Manager, Mr. Spellman presented a study of the proposed Master Plan for Fire Station locations to the Council for study and consideration. 117 SWIMMING POOL DISCOUNT PASSES Mr. Spellmann suggested to the Council a possible solution for the use of swimming pool discount passes. His suggestion is to let the citizens use the passes for 3 to 4 weeks next season. The Council agreed that the passes would be good for the first 4 weeks of next season, and the new passes sold should specify the expiration date. RESOLUTION - BID ON BACK HOE AND LOADER TRACTOR Upon a motion by Councilwoman Broadhurst, a second by Council- man Roberts, all voting "ayes", a resolution was passed where- as, on September 13, 1968 sealed bids were received, publicly opened and read aloud for a tractor-back hoe and loader for the water department; of the (4) bids received Riverview Equipment Company submitted the best bid in the amount of $8,995.00;-that the City Manager be authorized to purchase said tractor back-hoe from Riverview Equipment Company, at the bid price; and, that this equipment be paid out of funds previously appropriated to Account 51 E-2. RESOLUTION - BID ON PARK EQUIPMENT Upon a motion by Councilman Helms, a second by Councilman Roberts, all voting "ayes", a resolution was passed whereas, on September 9, 1968 sealed bids were received, publicly opened and read aloud for equipment consisting of picnic tables, cookers, benches and bleachers for the Park Depart- ment; of the (6) bids received Sturdisteel Equipment Co. submitted the lowest and best bid in the amount of $2,551.25; that the City Manager be authorized to purchase said park equipment from Sturdisteel Equipment Company at the bid price; and, that this equipment be paid out of funds pre- viously appropriated to Park Project P-15. PARK ACQUISITION Mayor Langdon reported to the Council that the appraisers has appraised the property of the Farmers Branch School in the amount of $110,000.00. Upon a motion by Councilman Schedler, a second by Council- woman Broadhurst, all voting "ayes", authorized the City Manager to apply for Federal Assistance from HUD for the school property and other park projects. The Council also agreed to negotiate with the School Board. C 118 RESIGNATION OF PARK BOARD MEMBER The Council accepted the resignation of Wanda Leach, member of the Park Board. PAYMENT ESTIMATE FOR NOR-TEX CONTRACTORS City Attorney'Louis Nichols discussed with the Council that the Council should waive payment to Nor-Tex Contractors at this time because the questions of showing or proving liquidating damages should be clarified. T.R.A. - SEWERAGE DISPOSAL Pete Styner, engineer of Fowler and Grafe, Inc. and City Manager Mr. Spellmann presented to the Council a problem of the proposed sewerage disposal plant being anticipated by the City of Carrollton. This proposed site is in the City of Farmers Branch, located in Farmers Branch south west of City along the L.B.J. Freeway extension. The City Council all agreed for Mr. Styner to check with T.R.A. and investigate this situation. OUTSIDE PLANS FOR POLICE STATION Mr. Spellmann presented to the Council plans for the outside work on the new Police Station. The plans showed the drive- ways, parking lot and sidewalks around the building. Mr. Spellmann explained ways that money can be saved on this project. Mr. Spellmann recommended using the sales tax money since no money has been set aside for exterior work and interior furnishings. After some discussion, a motion by Councilman Roberts, a second by Councilwoman Broadhurst, all voting "ayes", approved the plans as submitted. A motion to authorize the City Manager to appropriate the sales tax monies for the exterior work and interior furnish- ings was made by Councilman Roberts, seconded by Councilwoman Broadhurst, all voting "ayes". INFORCEMENT OF SIGN ORDINANCES On discussion of Sign Ordinances No. 247 and No. 648, the Council agreed to enforce these ordinance completely. MEMBER TO THE HOSPITAL BOARD OF After some discussion, a motion second by Councilman Helms, all Councilman Roberts who abstaine, Bill Roberts as a member to the of Directors. DIRECTORS by Councilman Schedler, a voting "ayes" except d, appointed Councilman Brookhaven Hospital Board 119 VALLEY VIEW LANE RIGHT-OF-WAY Mayor Langdon dismissed himself from this discussion of the Oechsner case. Since John Oechsner, Jr. was present in the hall the Council authorized Attorney Louis Nichols to negol-iate with him. Attorney Louis Nichols reported back to the Council that John Oechsner has proposed to the City the right-of-way on Valley View Lane upon the following conditions: Bee Street - (1) move storm sewer to center of property, (2) construct two 20' driveways on east side of storm sewer main, (3) construct left turn lane at Bee Street for west bound traffic, and (4) no paving assessment plus $8,617; property at old Post Office site - (1) close Keenan Bridge Road, (2) remove all utilities, and (3) no paving assessment plus $5,000. Upon a motion by Councilman Roberts, a second by Councilman Schedler, all voting "ayes", authorized City Attorney, Louis Nichols, to negolFiate on the case still pending with Grady Cates on the offer of $.30 a sq. ft. for his 5,000 sq. ft. of property located at Valley View Lane and Tom Field Road used in the widening of Valley View Lane. The meeting adjourned. Rober H. Langdon, M or ity Secretary 120