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1960-03-07 CC MinutesMINUTES OF A REGULAR MEETING CITY COUNCIL Farmers Branch, Texas March 7, 1960 The City Council convened in a regular meeting on March 7, 1960 at the Community Building at 7:00 P. M. with the following members present: Mayor Lawson Lewis Councilmen Thomas Reeder Oley Attebery Don Knox City Manager J. M. Orman City Secretary Dorthanna Williams Councilmen Mallon and Wilsey were absent. Mayor Lewis called the meeting to order. Mr. Roy C. Williams, Minister of the Church of Christ gave the invocation. The minutes of a regular council meeting of February 15 were approved. SALE OF BONDS Mr. R. A. Underwood of R. A. Underwood and Company and Mr. Lewis Lyne of the Mercantile National Bank presented the legal papers prepared for the sale of the following bonds: Upon a motion by Councilman Knox and seconded by Councilman Attebery and passed unanimously the City sold $245,000 Water and Sewer Bonds. Upon a motion by Councilman Attebery, seconded by Councilman Knox and passed unanimously, General Obligation Bonds in the amount of $179,000 were sold for Street and Storm Sewer improvements. Upon a motion by Councilman Attebery, seconded by Councilman Knox $17,000 in Park Bonds were sold. ORDINANCE NO. 224-SPECIAL PERMIT-VALWOOD CLINIC City Manager Orman explained to the Council that this ordinance had never been passed for Dr. Winslow's Clinic, even though the terms were agreed upon and all the buildings have been erected and in compliance with these terms. Councilman Reeder moved, seconded by Councilman Knox and passed unanimously that this ordinance be passed. Caption of the ordinance reads as follows: ORDINANCE NO. 224 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH AS HERETOFORE AMENDED SO AS TO CHANGE THE FOLLOWING DESCRIBED PROPERTY FROM A "R-5" SINGLE FAMILY DWELLING DISTRICT CLASSIFICATION TO A "R-5" SINGLE FAMILY DWELLING CLASSIFICATION WITH A SPECIAL PERMIT FOR "MEDICAL OFFICES AND CLINIC", SAID TRACT BEING DESCRIBED AS FOLLOWS: BEING A TRACT OF LAND OUT OF THE JOHN NIX SURVEY, ABSTRACT NO. 1088, DESCRIBED AS THAT CERTAIN TRACT BEGINNING AT A POINT IN THE NORTH LINE OF VALWOOD PARKWAY, 500 FEET EAST OF THE INTERSECTION OF VALWOOD PARKWAY AND JOSEY LANE; THENCE IN AN EASTERLY DIRECTION ALONG THE NORTH LINE OF VALWOOD PARKWAY A DISTANCE OF 400 FEET TO A POINT; THENCE IN A NORTHERLY DIRECTION AND AT RIGHT ANGLES TO VALWOOD PARKWAY, A DISTANCE OF 325 FEET, MORE OR LESS, TO A POINT IN THE SOUTH LINE OF A DEDICATED DRAINAGE DITCH; THENCE IN A WESTERLY DIRECTION ALONG THE SOUTH LINE OF SAID DRAINAGE DITCH A DISTANCE OF 400 FEET TO A POINT FOR CORNER; THENCE IN A SOUTHERLY DIRECTION AND PARALLEL TO JOSEY LANE, A DISTANCE OF 325 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING, AND CONTAINING 2.9 ACRES, MORE OR LESS; THAT SUCH PROPERTY IS TO BE USED FOR EITHER "R-5" SINGLE FAMILY DWELLING DISTRICT PURPOSES, OR UNDER A SPECIAL PERMIT FOR MEDICAL OFFICE AND CLINIC; SUBJECT, HOWEVER, TO THE SPECIAL CONDITIONS HEREINAFTER MORE FULLY ESTABLISHED THAT THE PROPERTY SHALL BE IMPROVED ACCORDING TO PLANS AND SPECIFICATIONS SUB- MITTED THEREFOR, WHICH SHALL BE APPROVED BY THE CITY PLANNING COMMISSION, AND SUBJECT TO THE CONDITIONS CONTAINED HEREIN; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE, AND DECLARING AN EMERGENCY. CONTRACT WITH COUNTY FOR RURAL FIRE PROTECTION Upon a motion by Councilman Reeder, seconded by Councilman Attebery and passed unanimously, a contract was approved agreeing to furnish fire protection to certain areas outside the City of Farmers Branch. This is the annual contract which has been approved by the Commis- sioner's Court and for which the City receives a minimum of $2,500. FINAL PAYMENT STREET PROJECT NO. 1 - DENNIS ROAD Upon a motion by Councilman Knox, seconded by Councilman Reeder the Council passed the following resolution: RESOLUTION WHEREAS, on August 7, 1959, J. C. Boney Construction Company was awarded the contract for installing curbs and gutters, storm sewer inlets and manholes on Dennis Road between Valley View Lane and the south city limits; and WHEREAS, this work has been completed in accordance with the plans and specifications. Section 1. That this work is hereby approved and accepted. Section 2. That the City Manager be and he is hereby authorized to make final payment in the amount of $2,659.19 to J. C. Boney Construc- tion Company. Section 3. That this payment be made out of funds previously appro- priated to Street Project No. 1. R15' IZ17 LETTER OF RESIGNATION-BELL SAMPLE-BOARD OF ADJUSTMENT Upon a motion by Councilman Reeder, seconded by Councilman Knox, the Council accepted a letter of resignation from C. Bell Sample from the City's Board of Adjustment. Mr. Sample has moved away from the City and could no longer serve on this advisory board. COMPLAINTS-MR. BILL LAWSON Mr. Bill Lawson, 2666 Mount View, appeared before the Council. Mr. Lawson asked how does a citizen get word to the proper person about street lights needing replaced, complaints on water bills, etc? He said for 2 or 3 months city water has been leaking in the easement behind his house, a part of his back yard was flooded with water, he had called the City on this and they did nothing until that day. The street light in front of his house had been out for two or three weeks. City Manager Orman was asked by the Council to answer Mr. Lawson. Mr. Orman told Mr. Lawson he was sorry about the water leak and would like to offer an apology, but this situation was not brought to his attention until that date. He said he agreed it should have been done before. On the street light, the citizen called Texas Power & Light Company and they replace the bulbs which the City buys. He explained that many of the street lights are shot out by children. The Police Department checks on these lights about once each week and reports them to Texas Power & Light Company. Then Mr. Lawson asked if the water rates had been increased and if so were the people informed? Mr. Orman said, yes, the rates were increased and the people were informed in the local newspaper, which is the City's official paper, and both of the Dallas newspapers. Mr. Lawson asked if there will be another increased It was explained to him that the City of Dallas has increased our rates and it is reason- able to think we will probably have to raise them again. Mr. Dan Regan of the audience was recognized and he said he thought a tax rate increase would be better than a water rate increase; a water rate increase was paid a dollar on the dollar where a tax rate in- crease could be used as an income tax deduction and a part of the dollar would be returned. PLACES ON BALLOTS FOR CITY ELECTION APRIL 2, 1960 City Manager Orman conducted the drawing for places on the Ballot for the election of Mayor and City Councilmen to be held on April 2, 1960. The results were as follows: Mayor - 1. Dewayne White Place - 1. John Wilsey 2. Oley Attebery 3 2. Cliff Taylor Place - 1. Sam Page Place - 1. Don Knox 1 2. Dan Regan 4 2. Lewis Rhodes Place - 1. H. N. Mallon Place - 1. Norman Krey 2 2. C. M. Toombs 5 2. E. P. (Bill) Hamilton, Jr. CONSIDER DR. MASSAD'S ZONING REQUEST City Manager Orman presented a resume' on what has happened so far on this Case. (a) Planning Commission conducted their public hearing on September 9, 1958 and recommended that hospital special permit be denied. (b) City Council conducted their hearing on November 3, 1958 but tabled the question (to date it has not been concluded). (c) Dr. Massad told me today he would still prefer the hospital permit but if the Council would not grant it he would like to have the clinic permit. (d) The Council can, if it desires, take final action on this request tonight. Mr. Orman and City Engineer Napier have been working on this request with the Planning Commission and the City Attorney Louis Nichols. It has been established that the Council can approve or deny Dr. Massad's request for a hospital or a clinic. Councilman Knox said the area is next to the present clinic and there are churches both north and south of the location. Councilman Attebery said he had a long talk with Mr. Nichols that day and he advised if the Council considered the hospital zoning, since the public hearing was not declared closed, they should allow the objectors to the hospital to speak again; he advised they can zone clinic without further notice; the Council can make zones more restrictive but not less restrictive. Dr. Massad would still prefer hospital zoning but will accept clinic zoning so he can use his land. Councilman Knox moved that the request for a hospital be denied; the request for a clinic be approved subject to site plan approval, seconded by Councilman Attebery and passed unani- mously. Mr. Orman was requested to get the ordinance prepared for the next meeting for study and passage. COMPLAINTS ON POLICE DEPARTMENT Members of the Council reported some complaints they have had on the City's Police Department. City Manager Orman was authorized to check with them on the followings speed trap set at excess road coming off of Highway 77, officer on school patrol did not get out of car on day when it was sleeting and snowing, man ran out of gas and had to leave his car in fire zone and policeman was writing ticket when man returned with gas. MISCELLANEOUS Mr. Dewayne White asked about contract on fighting fires outside City limits. Mr. Orman showed him the area on the map concerned with this contract. He told him this $2,500 is the minimum amount paid the City; in addition the City receives a bonus for the number of calls they answer per year. City Manager Orman reported he is making a study of the water.rate's, water for the City of Farmers Branch will cost around $40,000 more this year. He said he would like to have a special meeting to study the water rate increase and the insurance analysis. I Z, , City Secretary