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1958-11-03 CC Minutesr MINUTES OF A REGULAR. MEETING BOARD OF COUNCILMEN FARMERS BRANCH, TEXAS NOVEMBER 3, 19 58 The City Council convened in a regular meeting On November 3, 1958 at the Community Building at 7:30 P. M. with the following present: Mayor Councilmen City Manager Director of Public Works Fire Chief Administrative Aide Lawson Lewis John Wilsey Thomas Reeder Don Knox O1ey Attebery J. M. Orman Lyman Goodnight Bob Yager Bill Mallery Mayor Lawson Lewis called the meeting to order. Rev. Glen Hayden, Pastor of First Baptist Church gave the invocation. The minutes of the Regular meeting of October 20 and a Special meeting of October 30 were corrected and approved. HEARING ON ZONING CASE Z-18-58 Dr. Massad showed his suggested plat for the area in which he seeks to build a hospital. Mr. Dan Regan spoke in favor of Dr. Massad's hospital stating that it would be an orderly, well planned unit which would not detract from the value of surrounding property. He said, also, that im- mediate neighbors would not be disturbed by siren noise because ambulan- ces and emergency vehicles usually turn off sirens before entering the hospital zone. Also the land area in which Dr. Massad plans to build is not suited for residential purposes as it is presently zoned because it is surrounded by churches and a clinic. Futhermore, with crowded hospi- tal conditions in Dallas, the proposed hospital would be an asset to the city. Mr. Leftwich of Johnston Park also spoke in favor of the proposed hospi- tal stating that it would be an asset to the community, it is needed for emergencies, and there would be no traffic problem as Webb Chapel is plan- ned as a major thoroughfare. He urged the council to look to the future. Mr. W. T. Duncan, owner of the property which is the proposed site for the hospital stated that there was little other use left,for his land other than the hospital. Mr. Bob Whitten of Johnston Park spoke against the hospital stating that the churches around the property are considered to be "residential land uses" and that the current clinic "looks residential". Mr. Whitten also said that even though ambulances should cut sirens before entering a hospital zone, they usually don't do it. The Planning & Zoning Commission recommended denial of the special per- mit and presented a petition signed by ten (10) surrounding property owners in opposition to the hospital. Mr. Sam Page, also of Johnston Park, opposed the hospital on the grounds that the council should follow the recommendations of the Planning & Zoning Commission which has looked into the situation thoroughly and which has the overall best interest of the city in mind. He also stated that personal interest as in the case of Dr. Massad should not be a jus- tification for "spot. zoning" . Councilman Wilsey suggested that under our new master plan any plot of land would require a special permit in order for a hospital to be con- structed upon it. He also suggested that the council should consult with Hospital Apsociation authorities prior to reaching a decision on the matter, to determine: (1) our hospital needs, and (2) the best pos- sible general location for a hospital in the city. Councilman Knox moved the tabling of the issue until after such time as the council could meet with hospital authorities to discuss the problem. Councilman Attebery seconded the motion which passed the council unan- imously. Mr. Regan requested that he and other interested parties be notified of the time of the meeting. The council agreed that the City Secretary would notify those interested parties who would leave their names with her. HEARING ON ZONING CASE Z-15-58 The Planning & Zoning Commission, represented by Bob Hollin recommended approval of the special permit which had been previously granted but re- voked by oversight in the comprehensive zoning ordinance. Mr. Hollin stated that approval should be granted subject to conditions as attached hereon. Councilman Knox moved approval of the permit subject to attached condi- tions. Councilman Attebery gave a second to the motion which passed un- animously. CATES DISCUSSION OF SHOPPING CENTER Attorney Scurry presented the views of Mr. Grady Cates and Mr. Harry Sil- ver. Mr. Scurry said in effect that Farmers Branch is not large enough to substantiate two large shopping centers as proposed by the Cates group and Mr. Earnhart. Two Centers would detract from the obtaining of good leases and Farmers Branch shoppers would go elsewhere. Further, Mr. Earnhart hasn't kept faith with the city by deeding certain promis- ed land to the city, or by beginning construction promptly. Cates has kept all promises. The problem boils down to three questions: 1. Is Farmers Branch going to keep faith with Valwood Construction Company which has made great investment? 2. Will they keep faith with those leases who have in- vested in Valwood Village? 3. Isn't one good center better than two of mediocrity? Mr. Scurry also stated that, in his opinion, the city would be subject to no liability if the Earnhart plan were rescinded. Mr. R. F. Ginsberg also supported the views of Valwood Construction Company emphasizing the value of obtaining good tenants in one good center. A general exploration into the intricasies and technicalities of shopping center planning and into moral responsibilities of a council was made by the group. APPROPRIATION ORDINANCE City Manager Orman introduced an ordinance appropriating $34,125 from the Water Improvement Bond Fund for the construction of Water mains in the Brookhollow & Sunbeck Circle Additinns which project is known as Water Project W-1. Councilman Reeder moved adoption of the ordin- ance and a second was offered by Councilman Knox. The measure passed unanimously. ORDINANCE TO SECURE WEISENHUNT EASEMENT Mr. Orman introduced an ordinance to appropriate $500 from the Water and Sewer Bond Fund for the purpose of securing an easement across the Weisenhunt property which is included in the Farmers Branch and Rawhide Creek Trunk Sewer Project. Adoption of the ordinance was moved by Councilman Wilsey and received a second from Councilman Knox. Passed unanimously. NEW FIRE STATION Architect Charles B. Witchell presented preliminary drawings of a new City Fire Station to the council. After careful consideration the Council requested Mr. Orman and Chief Yager to review the situation and report back to the council. NEW FIRE TRUCK On a motion by Councilman Attebery and receiving a second from Council- man Reeder, the council unanimously decided to accept bids on a new 750 g.p.m., open cab, Class A pump truck which is to meet specifications as introduced by Chief Yager. The council also approved the site and specifications for the new Farmers Branch Fire Station #1. This new building to constructed at the corner of Valley View Lane and Goodland Street will house three mobile fire protection units. U.S. CORPS OF ENGRS. RECREATIONAL AREA A recreational area of approximately 90 acres at Garza-Little Elm Lake has been offered to the City of Farmers Branch by the U.S. Corps of Engineers. Word of the offer was received by Mayor Lawson Lewis. The proposal was presented to the City Council and keen interest was ex- pressed in the offer. The area is located near the east end of the Lewisville Dam and is known as East End Hill. It will be leased to the City for a 25-year period and the City will develop it as a recreational Center. Attebery moved, duly seconded by Councilman Knox that Mr. Orman be authorized to proceed with negotiations. Passed unanimously. -~rzy EASEMENT RELEASE Councilman Wilsey moved, duly seconded by Councilman Reeder that a 15 Ft. utility easement running across the north side of lots 1 and 17, Block D and Lot 23, Block E be reduced to 10 feet so as to conform with the ease- ment in Chapel Hill No. 2 and add flexibility to the useable area of said lots. Councilman Wilsey moved, duly seconded by Councilman Reeder that the motion abandoning an easement between lots 19 & 20, Block A in Chapel Hill No. 2 be rescinded and that the same easement be reduced to six feet - three feet off lot 19 and three feet off lot 20. Passed unan. MISCELLANEOUS City Manager Orman reported revisions of the City's Building Code would be ready for considerations by the Council at its next meeting. Council instructed Mr. Orman to check possibility of securing permission to use land on Josey Lane for the construction of a temporary, lighted soft ball field and the probable cost of the project. The Council discussed the policy of allowing police escorts only to the City Limits of any adjacent jurisdiction. Financial report of the month of September will be replaced by the Annual Audit report now in preparation. City Planner Bob Hollin reported on the progress of the proposed Dennis Road and Rawhide Creek Parkway projects. There being no further business the meeting was adjourned. dministr City Secretary Correction at November 17 regular meeting. The site plan for Earnhart Shopping Center at Valley View Lane and Dennis Road was approved by the Council. 1 -~9