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1960-10-24 CC MinutesL 1 1 MINUTES OF A SPECIAL MEETING CITY COUNCIL FARMERS BRANCH,TEXAS October 24, 1960 The City Council convened the Community Building at Mayor Councilmen in a special meeting on October 24, 1960 at 7:30 P.M. with the following members present: Oley Attebery Sam Page Don Knox Bill Hamilton John Dodson Dorthanna Williams Assistant City Manager city secretary Councilmen Mallon and Wilsey were absent. Mayor Attebery called the meeting to order. Mr. Edward L. Wagner, pastor of St. Paul Lutheran Church gave the invocation. ORDINANCE NO. 255 - SWIMMING POOLS ENCLOSED Upon a motion by Councilman Knox, seconded by Councilman Hamilton, all voting 'ayes', an ordinance was passed requiring swimming pools to be enclosed. Caption of the ordinance reads as follows: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, REQUIRING ALL SWIMMING POOLS TO BE ENCLOSED WITH A FENCE, WALL OR OTHER SOLID STRUCTURE NOT LESS THAN THREE AND ONE-HALF (3-1/2) FEET IN HEIGHT, WITH NO OPENINGS LARGER THAN FOUR INCHES SQUARE, AND SELF- LATCHING DEVICES; MAKING SAID ORDINANCE APPLICABLE TO EXISTING SWIMMING POOLS AND REQUIRING THAT EXIST- ING SWIMMING POOLS COMPLY WITH SAID ORDINANCE BY JUNE 1, 1961; REQUIRING ALL FUTURE PLANS FOR SWIMMING POOLS TO SHOW COMPLIANCE WITH SUCH ORDINANCE AND WITHHOLDING FINAL INSPECTION UNTIL COMPLIANCE OBTAINED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND MAKING EACH DAY OF VIOLATION A SEPARATE OFFENSE; AND DECLARING AN EMERGENCY. LICENSING PRIVATE CLUBS Assistant City Manager Dodson reported that he had contacted Attorney Nichols to get additional information on this subject. Quote from Mr. Nichols letter, "We do not believe that it is possible to levy an occupation tax against private clubs nor is there any reasonable way under which they could be licensed so that you would have some control over them". Councilman Hamilton asked, is there any way the City can control a disturbance in a private club? Mayor Attebery said; yes, we can go anywhere there is a disturbance. Page 13 REQUEST FOR S.P.-ST. ANDREWS EPISCOPAL CHURCH Mr. Wilson Brooks, representing the Episcopal Church, asked the Council for a Special Permit for a temporary building to be used in conjunction with their permanent building. This temporary building to be used for class rooms and for recreation. Councilman Page asked, how long do you intend to use this temporary building? Mr. Brooks said, we do not know how long, but would like to use it until they can arrange for a permanent building, they will conform to all building restrictions in this temporary construction. Councilman Knox said, most temporary buildings are operated on a yearly basis but the permit may be renewed from year to year. Councilman Page moved a Special Permit for a one year period be granted, seconded by Councilman Knox, passed unanimously. COOKS BRANCH COMMITTEE Mayor Attebery said he had talked with Mr. Upchurch, Chairman of this committee and he is working long hours and has asked that Mr. Oradat be appointed as Chairman. Mr. Oradat asked that Mr. Jim Ragan, 2933 Mark Twain and Dr. Robert Winslow, 13828 Pyramid be appointed to the committee, they have expressed a desire to serve. Councilman Hamilton moved Mr. Oradat be appointed Chairman of the Cooks Branch Committee and Mr. Ragan and Dr. Winslow be appointed to this committee making it a five-member committee, seconded by Councilman Page, passed unanimously. The Council then instructed the City Manager to write a letter to Mr. Oradat authorizing him to contact engineering firms for plans and esti- mates for correcting this drainage problem. PUBLIC HEARING-REQUEST FOR S.P. FOR NURSERY & GREENHOUSE Mr. Silas Jack Jones requested a Special Permit for a retail nursery and greenhouse on Valwood Parkway next to Dr. Winslow's clinic. The Planning and Zoning Commission recommended this request be granted with certain conditions. Councilman Hamilton asked, is this permanent? Mr. Jones said, yes, and he is ready to start his construction, it should be completed in 90 days, all shrubbery, plantings, etc. Councilman Page asked about the water supply. Mr. Napier said, it is ample, 16" and 8" water lines available. Councilman Page asked if there is a right-of-way for drain- age? Mr. Napier said this right-of-way has already been set aside. Mayor Attebery asked Mr. Jones if the City should need additional foot- age for drainage right-of-way would he be willing to give it? Mr. Jones said he would be happy to. Councilman Hamilton asked about noise. Mr. Jones said there would be no noise, it will be a garden center. Council- man Knox asked if he was planning to be open on Sunday. Mr. Jones said, Sunday is a good gardening day for most home owners but he will work with the Ministerial Association, the Plan Commission suggested he not open until noon on Sunday. Mayor Attebery said they cannot regulate business hours and did not believe they can tell him what hours he can be open. Page 14 Councilman Knox moved the Special Permit be granted subject to all conditions recommended by the Planning and Zoning Commission with the exception of Item 6, seconded by Councilman Page, all voting 'ayes'. The conditions are as follows: 1. That construction conform to an approved site plan. 2. That all merchandise shall be stored within an enclosed or fenced area behind the front building line. 3. That only one sign, not exceeding 18 square feet in area, be permitted within the landscaped area in the front yard. 4. That the proposed sign on the building shall not be an electrical sign. 5. That trash, waste materials and debris shall not be kept outside the enclosed area. Adjournment. U 1 4-1 4-21- Dorthanna Williams, City Secretary Page 15