Loading...
1958-10-20 CC MinutesMINUTES OF A REGULAR MEETING BOARD OF COUNCILMEN FARMERS BRANCH, TEXAS OCTOBER 20, 1958 L The City Council convened in a regular meeting on October 20, 1958, at the Community Building at 7:30 P.M. with the following present: Mayor Councilmen City Manager Administrative Aide City Planner Director of Public Works City Secretary 1 Lawson Lewis Neil Mallon Thomas Reeder Oley Attebery Don Knox J. M. Orman Bill Mallery Bob Hollin Lyman Goodnight Dorthanna Williams Mayor Lawson Lewis called the meeting to order. Rev. Richard Perry of Webb Chapel Methodist Church gave the invocation. The Minutes of the previous meeting held on Oct. 6, 1958, were approved. Councilman Mallon asked that the minutes be written more in detail and mailed to the Councilmen at the earliest possible date. Mayor Lewis read a letter from Rev. Bourdon Smith asking that Katherine Knox be Chairman of Juvenile Committee during his illness. This recom- mendation was unanimously approved. Mr. Knox gave a report on the cases that had been handled by the Juve- nile committee. Two of the boys will not meet with them and one of the parents wanted no interference and want to handle their children them- selves, but in two cases the committee has done a wonderful job with the boys and have gotten them interested in the yough work in Farmers Branch and they are active in sports. Councilman Attebery expressed his view that they were doing very good work. Bob Hollin, City Planner, presented a final plat of Rawhide Creek Pkway. which contains 33.98 acres. 25.7 acres the city will buy and pay out of the Park Bonds, the rest was given to the city by developer Cato Corp. On the next Council Agenda we will have presented a complete plan, have the proper resolution drawn up and deed, etc. presented to the council. Councilman Attebery reminded the Council of the 6 acres of land for a park north of Valwood Park Addition which was promised to the city. CITY PLANNER'S REPORT Mr. Hollin reported on progress of survey Dallas and Farmers Branch. Dallas Planner town but Mr. Hollin was able to talk with From field notes we should be able to tie way will be. Councilman Mallon expressed land north of Freeway will be of too much of Freeway which will separate Marvin Springer was out of Mr. Popejoy about the survey. down approximately where Free- concern if we wait too long the value and Dallas may not stick with their agreement to release all land north of the north line of the highway so that it could be annexed by Farmers Branch. Mr. Hollin said that he would keep pushing for agreement. Mr. Hollin also reported that he had met with the Carrollton School Board, Bond Men, Architects and Engineers. The school board is think- ing in terms of a new high school, junior high school and elementary school. He presented them with sites that he thought were to the best advantage of both cities and they were generally agreeable with the sites as he recommended. The high school site was recommended to be located on the city limits line, recommended an elementary school on junior high site and new junior high school on Rawhide Creek Parkway near Dennis, where there would would be a larger site. Also, may use present high school for junior high and build a new high school. The school board will soon present school bond issue to public with definite proposals of their plans for future school buildings. Mr. Hollin has recommended we plan for park sites adjacent to schools so that the play grounds will be used the year around. Mr. Hollin reported on two Zoning Cases. Z-18-58, Dr. Massad's request for a hospital on Webb Chapel Road. The home owners in Johnston Park protested the Zoning. The Commission recommended the request be denied. A public hearing was set for Monday, November 3. Zoning Case Z-15-58, request from Grady Cates for Zoning for Clinic on Valley View. Planning and Zoning Commission recommended we approve the request. Public Hear- ing set for Monday, November 3. However, they must comply with all our requirements before they can proceed. Mr. Hollin was asked by the Councilmen to ask for a re-location of the park area in the H. D. Lewis property in the north part of Valwood Park- addition where'Mr. Lewis has asked for smaller lots and a park in lieu of larger lots. Mr. Hollin requested a special council meeting on October 30, Thursday, for presenting report on population growth and other data pertinent to our city planning. DISCUSSION OF RECREATION PROGRAM Mr. Barney Stewart appeared before the Council with complaints about our recreation program. Mayor Lewis explained to him why our football field was not ready for use. Councilman Mallon told him the first year we make errors which should be corrected in the following years. Also, we had a late start on the ball field because of so much wet weather. Council- man Knox told him our Athletic Director is working on corrections now and should have many our problems solved by next summer. Mr. Stewart re- ported he has been getting too many complaints from parents and children too, about our present program and the way it was conducted last summer. Mayor Lewis told him we were working on this and also the idea of our not using the baseball fields on Wednesday nights. The Ministerial Commission has asked that we not plan programs or games on that night because of some of the church programs. ~D TAXI-CAB FRANCHISE Mr. Thomas H. Hill, Jr. appeared before the council with a request to be granted a taxi-cab franchise. He presented the plan of starting with one cab and in a few months adding a second and others as they were need- ed. Councilman Mallon questioned whether it would be adequate service for the citizens of Farmers Branch since Dallas cabs could not operate in Farmers Branch if he has a franchise. Councilman Knox asked him for a written agreement of his operations, fares, etc. The Council suggested Mr. Hill, Mr. Orman and Attorney Nichols work out an agreement and have it ready for the next council meeting. n 1 WHISENHUNT EASEMENT Mayor Lewis reported on a conversation he had with Attorney Nichols regard- ing our legal right to cross Whisenhunt property with water and sewer lines McQueen had signed the easement, then sold property to Whisenhunt who stopped progress on work. Mr. Goodnight reported on cost of going around property which would be more than paying a fee for going through the property. Whisenhunt was offered $200 but is asking $750 for easement. Councilman Mallon moved Attorney Nichols be authorized to offer $500 for easement, duly seconded by Councilman Knox. Passed unanimous. DAMAGE SUIT City Manager Orman presented letter from Attorney Loomis of suit by Wm. VanLandingham and Wm. Mueller for damage to their homes during a severe rain storm. A copy of this letter had been sent to City Attorney Nichols and his answer was read by Mr. Orman. The damages suffered by Mr. and Mrs. Mueller totaled $807.50 plus $5,000 exemplary damages by reason of mental pain and suffering to the Mueller family as well as the loss of the resale value to their home. The damages suffered by Mr. and Mrs. VanLandingham came to a total of $963.25 plus $5,000 exemplary damages by reason of mental pain and suffering to the VanLandingham family as well as the loss of the resale value to their home. Attorney Nichols advised we deny these claims based upon his conversation with Mr. Good- night, because there is no evidence of any negligence on the part of the city in maintaining the storm sewer or the construction of the storn sewer which coulc have possibly contributed to the damages sustained by these parties. The construction and maintenance of the sanitary sewer by the City is a governmental function. There would be no legal lia- bility on the part of the City of Farmers Branch because the courts have held that the city is not liable for negligence on the part of its em- ployees in the construction and maintenance of a sanitary sewer because the same is called a governmental function for which the City would not be liable in damages. Attorney Nichols suggested on the other hand should the City Council be interested in reimbursing these people in any amount, that no formal action be taken by the Council, but that he be given an opportunity to attempt to negotiate some kind of settlement of this claim on some basis other than paying the full amount for the damages claimed. Councilman Mallon's thinking was we may have been negligent and should pay some damages. Councilman Reeder recommended we deny claimants. Councilman Mallon asked that the matter be referred to City Manager Orman to discuss with Attorney Nichols. Mayor Lewis asked all Councilmen if they were of the same opinion. They were. ORDINANCE 163 City Manager Orman presented a Resolution and an ordinance that we pay Cato Corporation for our part of the paving of Amber Lane and Ivanwood Drive. This paving was done under a contract between the City and Cato Corporation, the work is completed. After considerable discussion of whether the amount should be paid out of an overdraft or wait until the Park Bonds are sold, and paid from that fund, the decision was to make payment from Park Bond Fund. Councilman Reeder moved we pay the agreed amount of $9,238.44, duly seconded by Councilman Attebery, passed unan. NOTE OF THANKS City Manager Orman read a note of thanks from Mrs. Lawson Lewis for flowers sent to her by the Council while she was in the hospital. YOUTH CENTER Councilman Knox asked for water cooler for Youth Center. Mr. Goodnight said his men could install the fountain. The second Saturday of Nov. is the date set for the opening of the Center by the Youth Council, the Council agreed to purchase water fountain for center. Councilman Atte- bery inquired about the care of the Youth Center and Councilman Knox ex- plained the Youth Council has plans to clean the building and decorate and the building will be open Saturday and Sunday through the school months under Mr. Poovey's supervision with the Youth Council in charge. SHOWMAN PARK Councilman Attebery reminded the Council of the promise of a "Key" to Showman Memorial Park to Mrs. Don Showman. Councilman Reeder moved that Councilman Attebery be authorized to shop for and purchase the key, duly deconded by Councilman Mallon, passed unan. LETTER TO MR. GRAY Councilman Mallon presented a suggested letter from Mayor Lewis to Mr. Jack Gray which read: "The City Council of Farmers Branch has asked me to express our personal appreciation for your untiring efforts and your steadfast loyalty to the City of Farmers Branch. The City grew at a rapid pace and you had many difficult problems to face and you helped us pull through some troublesome times. Each member of the Council wants to thank you for the effort you have extended for the City of Farmers Branch, but more importantly, want to commend you as a fine per- son and a wonderful friend.." The Council accepted the letter unanimous- ly as a part of the official minutes. DENNIS ROAD PROJECT Councilman Mallon reported on the Dennis Road project. Commissioner Lynn Lawther has men surveying for the improvement of the road. Mayor Lewis reported some men from Carrollton came to him and said they would cooperate on their end of the road. They suggested the County Engineers, Carrollton Engineers, and Farmers Branch Engineers have a meeting tocom- plete the plans. Councilman Mallon said the City of Dallas will cooper- ate only if the design of the road meets their specifications, which is very important on this particular road as it extends into the City of Dallas. Commissioner Lynn Lawther said a good road could be built with 12" gravel with a layer of tar on top, then a year or so later add 2" asphalt. Dallas will not accept unless we have a promise of completion from the County. City Manager Orman explained he would meet with City Manager Crull Tuesday morning and would discuss the Dennis road project. Council agreed the City of Dallas and the County will have to be in agree- ment. CIVIL DEFENSE PROJECT Sam Page reported on the Civil Defense project, F C D A funds, in the amount of $2,830.25 have been allocated for the City of Farmers Branch which is one-half of the amount needed for equipment for police and fire station. He reported the Government will not spend more money in the City than the City itself will spend. Payment for this item is in the budget for this fiscal year. Greenville Avenue Patrol now operates the station. Our plans are for three (3) dispatchers and our own equipment, also includes small stand-by power plant. Police Chief Courtney and Mr. Page met with Sheriff Decker and secured permission to operate one fre- quency as a part of his network. Mr. Page reported the City must accept bids on anything over $500, and prefers the product of G.E., Motorola or R.C.A. Motorola has made the best offer and has offered the most help of the three. The money for the project will come from our Bond program. The Council authorized City Manager Orman and Sam Page to accept bids from the set of specifications which Mr. Page has. Councilman Knox moved, duly seconded by Councilman Attebery, passed unan. MISCELLANEOUS Councilman Knox reminded the Council a large city map hab been suggested for the Council Chamber some time before. Planner Hollin was instructed to check with John Gibson of C. L. Moon to get an up-to-date map. Manager Orman reported that within a week or ten days the completed plans for the new Fire Station will be ready according to the architect Charles Witchell. City Secretary L~