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1963-03-18 CC MinutesMINUTES OF A REGULAR MEETING CITY COUNCIL FARMERS BRANCH, TEXAS March 18, 1963 The City Council met in a regular Council Room at 7:30 p.m. with the Mayor Mayor Pro-Tem Councilmen City Manager City Secretary Councilman Regan session on March 18, 1963 in the following members present: A. J. Airoldi Bill Hamilton Frank Tippitt Ed Rhodes W. D. Oradat J. M. Orman Dorthanna Williams arrived at 8:50 p.m. Mayor Airoldi called the meeting to order. Mr. O. M. Barger, Webb Chapel Baptist Church, gave the invocation. APPROVAL OF MINUTES Minutes of a Special Meeting January 11 and a Regular Meeting February 18 were considered and approved. Upon a motion by Councilman Oradat, seconded by Councilman Tippitt, all voting "ayes", corrections were made in the following minutes: Special Meeting February 7, Regular Meeting March 4 and Special Meet- ing March 12. All correction made on original recorded copies. RESOLUTION - STREET PROJECT NO. 9-FRED MARSH_DEED-TEMPLETON TRAIL Upon a motion by Councilman Oradat, seconded by Councilman Hamilton, all voting "ayes", a resolution was passed that during the prepara- tion of plans for the construction of sidewalks along the west side of Templeton Trail it was discovered that a tract of land approxi- mately 27 feet by 35 feet was needed to complete the required right- of-way for Templeton Trail; the property owner, Fred C. Marsh, was willing to sell to the City for $200.00; that the City Manager be authorized to pay $200.00 to Fred Marsh in exchange for a Dedication Deed and that payment be made from funds previously appropriated to Street Project No. 9. VALWOOD PARKWAY EXTENSION - WEST City Manager Orman gave a report that the estimated cost of an 8-inch concrete property pavement, 2 - 30' roadways from is $24,400. The cost of the sto IH 35E to Dr. Thompson's rm sewer is estimated at $7,660. Therefore, the City's cost would be $10,660 for the right- of-way, plus $400 for Court and appraiser 's cost to date, not counting Page 72 attorney's fees. The original commitment which the City made was to only furnish the right-of-way. There will be some additional costs for roadway fill as it crosses the railroad and on the west side of the railroad which will have to be included as street construction costs. Mr. Orman read a letter from Mr. Ed Drake, Attorney for the Goods. Mr. and Mrs. Good, Jack Blanton and Dr. Thompson were present for the discussion. In the discussion on the type of street for the construction the Council agreed that the Springer Report will be followed. Council- man Oradat asked, where is the money coming from? Mr. Orman said, from Bond Fund. Councilman Tippitt gave a resume of the costs to the City and asked Dr. Thompson, however we acquire the land you are going to pave this? Dr. Thompson said, yes. City Attorney Nichols said, cost wise he did not think there would be enough difference for litigation. He said that the City should get a storm sewer easement. Mr. Blanton said, the water will go across our property, right where it goes now. Councilman Tippitt reviewed: Dr. Thompson will pay any paving costs, the property in contest will be donated to the City in consideration of the storm sewer, the City agrees to back-fill the storm sewer and bring to final grade, the City will get the right-of-way from the railroad and the attorneys will get together for final resolution. Dr. Thompson said, this is exactly what I want. Councilman Rhodes asked the status of the Head property. Mr. Orman said, the City will have to pay $3,000 to the Court. Councilman Hamilton moved, authorize settlement as in Ed Drake's letter and authorize the City Attorney to meet with Mr. Drake and draw up the agreement; seconded by Councilman Tippitt, all voting 'ayes". Mr. Orman, Council members and Dr. Thompson discussed the access road to the sewer plant on Valley View Lane. Dr. Thompson said he would object to any use other than that in the old agreement. ORDINANCE NO. 388 - STREET PROJECT NO. 24 Upon a motion by Councilman Hamilton, seconded by Councilman Regan, all voting "ayes", an ordinance was passed appropriating $400 for the purpose of providing funds and that the City Manager is authorized to pay court costs and appraiser's fees for this project. Caption of the ordinance: Page 73 AN ORDINANCE SETTING FORTH THE ESTIMATED COURT COSTS FOR CONDEMNATION PROCEEDINGS IN CONNECTION WITH EXTENDING VALWOOD PARKWAY WESTWARD FROM IH 35E; APPROPRIATING FUNDS THEREFOR OUT OF THE STREET IMPROVE- MENT BOND FUND UNAPPROPRIATED SURPLUS. CUSTOMARY HOME OCCUPATIONS There was a lengthy discussion on customary home occupations. City Attorney Nichols was present for this discussion. He explained that in determining what is a customary home occupation the Building In- spector makes an inspection to decide whether or not the occupant is violating the Comprehensive Zoning Ordinance. If he decides against the occupant the occupant can then appeal to the Board of Adjustment, if the Board of Adjustment decides against the occupant the occupant can then appeal to the District Court. ORDINANCE NO. 389 - CREATING "R-2.51' & "R-3.51' ZONING CLASSIFICATIONS Upon a motion by Councilman Oradat, seconded by Councilman Regan, Councilmen Oradat, Regan, Hamilton and Rhodes voting "ayes", Council- man Tippitt voting "nay", an ordinance was passed amending the Com- prehensive Zoning Ordinance and adopting new residential zoning classifications. Caption of the Ordinance: AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH AS HERETOFORE AMENDED SO AS TO CREATE ARTICLE VI-A TO PROVIDE FOR AN "R-2.51" SINGLE FAMILY DWELLING DISTRICT AND ARTICLE VII-A TO PROVIDE FOR AN "R-3.5" SINGLE FAMILY DWELLING DIS- TRICT; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. ORDINANCE NO. 390 - SANITARY SEWER PROJECT NO. S-14-INWOOD AREA Upon a motion by Councilman Oradat, seconded by Councilman Rhodes, all voting "ayes", an ordinance was passed appropriating $485.56 for the preparation of a study and a report made on alternate routes to be followed in the installation of a sanitary sewer to serve the area in the vicinity of Valley View Lane and Inwood Road. Caption of the ordinance: AN ORDINANCE SETTING FORTH THE COST OF THE PREPARATION OF A REPORT FOR THE INSTALLATION OF SANITARY SEWERS IN THE INWOOD AREA AND APPROPRIATING FUNDS THEREFOR OUT OF THE SANITARY SEWER IMPROVEMENT BOND FUND UNAPPROPRIATED SURPLUS. RESOLU'T'ION - STREET PROJECT NO. 19-DENTON ROAD STORM SEWER Upon a motion by Councilman Hamilton, seconded by Councilman Rhodes, all voting "ayes", a resolution was passed that on December 20, 1962 a contract for the installation of a 30-inch storm sewer along Denton P e 74 Road was made with C. W. Hall Construction Company) for the completed in accordance with project; that this project is City Manager is authorized to allocated to this project. Excavating Company (known as Seabolt sum of $3,000; that this work has been the plans and specifications on this hereby approved and accepted; that the make final payment from funds previously CONTRACT FOR COUNTY FIRE FIGHTING The City Manager explained that this is an annual item whereby our Fire Department agrees to fight County fires within certain prescribed nearby areas in return for $2,500 to be paid to each town or city entering into this agreement in one payment and a sum of $18,000 to be set aside by the Commissioner's Court of Dallas County to be devided among the participating towns under this order at the end of the year on the basis of the number of alarms answered outside of their respective limits. Councilman Tippitt moved approval of this agreement, seconded by Councilman Hamilton, all voting "ayes". RESOLUTION - LOT FOR PARK IN TERRACE CLUB PARK ADDITION Upon a motion by Councilman Rhodes, seconded by Councilman Regan, all voting "ayes", a resolution was passed that C. and P. Development Company, acting by and through its President, George E. Chapman, has tendered a warranty deed to the City of Farmers Branch, which deed conveys to the said City, Lot 1, Block 15 of Terrace Club Park Second Installment for park purposes; that the dedication of this tract of land for city park purposes is hereby gratefully accepted; and that the members of the City Council expresses its appreciation. FYKE ROAD OPENING City Manager Orman said that all of the right-of-way has been obtained except that from Mr. Nix. Mr. Nix had called on Mr. Orman on this date and they discussed it and Mr. Nix said he would have to talk with his sister. Mr. Orman told Mr. Nix that they want the street in by September. He suggested he get the Mayor of Carrollton and go on the field and discuss with Mr. Nix. K. C. HALL EXITS The City Manager said that the Fire Inspector had a promise of an exit at the south end of the building by the end of the week. Councilman Tippitt suggested that an ordinance be prepared for the consideration of the Council at the next meeting pertaining to such buildings. He said they should have an ordinance on a meeting place .of more than one story and he gave Mr. Orman a list of regulations he would like to have incorporated into the ordinance. Page 75 TRA Mr. Orman read a letter from the TRA and told the Council that the City of Grand Prairie is willing to sell some of their plant capacity to the City of Farmers Branch. He explained that there have been short periods of time when Farmers Branch has used full capacity. There was discussion but no action taken by the Council. HEALTH ORDINANCE Councilman Oradat asked the status of the Health Ordinance. Mr. Orman said he was concerned about the enforcement of some parts of the ordinance as it is written. Councilman Oradat said he still felt Farmers Branch should have the ordinance and enforcing some of it would be better than nothing. He especially wanted the chest X-Ray, cleanliness and lighting of eating places included in the ordinance. UTILITY FRANCHISES Councilman Oradat suggested the Council members review the utility franchises with the City. Councilman Hamilton agreed with this and said he felt some of our rates are high. VALLEY VIEW ENTRANCE Councilman Regan said that at Valley View Lane and the service road, when Valley View Lane is widened, he felt they need adequate drainage. He asked that the City Engineer work with the State Highway Depart- ment to get right-of-way and a covered storm drain at this intersection. Adjournment at 11:25 p.m. Dorthanna Williams, City Secretary 1 Page 76