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1963-01-07 CC MinutesMINUTES OF A REGULAR MEETING CITY COUNCIL Farmers Branch, Texas January 7, 1963 The City Council met in a regular meeting on January 7, 1963 in the Council Room at 7:30 p.m. with the following members present: Mayor A. J. Airoldi Mayor Pro-Tem Bill Hamilton Councilmen Frank Tippitt Ed Rhodes W. D. Oradat City Manager J. M. Orman Assistant City Manager John C. Dodson City Secretary Dorthanna Williams Councilman Regan was absent. Mayor Airoldi called the meeting to order. Mr. Glenn Hayden, First Baptist Church, gave the invocation. APPROVAL OF MINUTES The minutes of Regular Meetings, December 3 and 17, 1962, were considered and approved with this correction - Councilman Rhodes said that the minutes of December 3 states that he had asked permission to go to the Park Board with a recommendation that the park given to the City by Mr. Mallon be named Mallon Park, and that it was suggested that it be cleared with the donor first. He asked that the minutes show that the answer was "no". PUBLIC HEARING ZONE CHANGE REQUEST BY SABRE REALTY, COMPANY A request has been made to change zoning from "R-5" to "C" Commercial on a triangular tract of land located at the southwest corner of Webb Chapel Road and the proposed extension of Fyke Road. This tract is located immediately south of the Webb Chapel Elementary School and fronts approximately 545 feet on Webb Chapel Road and 292 feet on the proposed extension of Fyke Road. The City Planning and Zoning Commission has recommended that this request be denied. Mayor Airoldi asked those in favor of the request to speak first. Mr. Claude McClennahan said he was representing Jim Gual, owner of the property. He presented a picture of the proposed construction. He indicated on the picture the shielded walkway they would construct for the school children out to Fyke Road so they will not have to walk in front of the stores where the traffic would be. They are asking for a strip retail service center under special permit. Page 32 Mr. Bill Tanner, Windmill Lane, said, I recall at the Plan Commission hearing you said it would be a medical and shopping center. Mr. Mc- Clennahan said, this picture is misleading, the building will not be as large as it appears here, it will be small, approximately 8,000 sq ft. and will include medical and retail stores. Mr. Tanner said, we have two fine shopping centers here now and think they are adequate. I hope the Council will deny this request. Mr. McClennahan said, we are not proposing a large shopping center, we only have a small piece of land, there is nothing else it can be used for. Mrs. Bonnie Wells, Bergen Lane, said, as a mother I strongly object to a shopping center near a school, I do not approve at all. Why can't homes be built there? Mr. McClennahan said, it is not shaped for homes and in the future Webb Chapel Road will be a major thoroughfare. Councilman Tippitt asked Mr. McClennahan to explain the screen wall. Mr. McClennahan said it will be a chain link fence. Councilman Rhodes asl,,ed, do you think children will go around or go straight across? Mr. McClennahan said, kids are kids, we would hope they would go around. Councilman Rhodes said, I was on the Planning Commission, I have been watching this, at one time I asked Mr. Kaspar why he did not buy this for his development and was told the owner would not sell. Mr. Gual said, it is my understanding Mr. Kaspar would not pay enough for it. He then gave an example of such development in Dallas. He said he could not imagine why anyone would buy a house on a thoroughfare such as Webb Chapel will eventually be. The major portion of the objectors are not in the 200 feet area, most objectors are people who live two or three blocks away. Mr. Tanner said, 90% of the children in Webb Chapel School live south of the school, we came because we will be effected. My understanding is that the fence will be of wood rather than metal. Mr. McClennahan said, we proposed a screening fence of the type proposed by the City Council. Mr. Ed Elliott, Windmill Lane, said, the gentlemen proposed that it would be a convenience to us, we do not want this convenience. I am opposed. Councilman Oradat moved that this request be denied, seconded by Councilman Hamilton, all voting "ayes". Page 33 Councilman Hamilton said, we have three shopping areas now, we have adequate facilities for shopping now; the proximity to the school will lead to trouble and he feels that the area could be used for a better purpose. Councilman Rhodes said, I was present at the Planning Commission hearing as a spectator and was opposed at that time, I have heard nothing tonight to change my mind. EXTENSION OF RAWHIDE CREEK PARKWAY Mr. Bob Heiser, developer, was present to discuss the proposed extension of this parkway from Dennis Road south. Mr. Heiser said, the Plan Commission had a special meeting Thursday night, they approved this plat with a paved alley outlet. The park area contains 15.5 acres and will allow me 79 lots, prior to this plat I would have had 98 lots and would not have provided for a park. Mayor Airoldi said, the Master Plan was there before you purchased the property. Mr. Heiser said, yes, I am just trying to establish the value of this land to me and to the City. Mayor Airoldi said, generally the Master Plan was correct in this extension according to the high water mark. Mr. Heiser said, yes, it is true I would have to straighten this channel, it would cost approximately $15,000. May partner and I agreed we would sell the property for $1,000 an acre, that would enable us to go ahead with this development. If the City buys this 15 acres we can build all homes to the north without the City's spending any money at all on the channel. Mayor Airoldi said, you understand the City would be obligating itself to building one full street (1/2 on each side of creek), obligating itself to installing utilities, also to beautifying the area. Mr. Heiser said, the land developed without a park would net me $25,000, it would be like giving the City $10,000. Mayor Airoldi said, but the developer would be the one to benefit. Councilman Oradat said, it is a wasteland, a dump, without work on the channel. We have had the same situation on Cooks Branch. I would never approve this plat. Councilman Rhodes asked, were you aware of the Master Plan when you bought this property? Mr. Heiser said, yes. Councilman Rhodes asked, did you pay the same for this creek land as you did for the rest? Mr. Heiser said, I just bought the whole area for one price. Mayor Airoldi said, we want to cooperate with you and every developer. We need and want developers of your calibre. We are not trying to P 34 have discussed this at length and we cannot deviate from the Master Plan. Councilman Tippitt said, we sincerely feel we are offering you a better financial deal. I figure it will cost you $8,000 less if you give us the land. hog-tie you, we are thinking about what it w Mayor Airoldi said, the Council feels if you of land to the City we can get together. We session and we are in agreement. Mr. Heiser tion to deed this land to the City so I will on it. ill cost the City. We will give the 15.5 acres have had an executive said, I am not in a posi- see what I can work out REPORT FROM PROPOSED HOSPITAL GROUP Dr. Frank Altick, Temporary Chairman, said, eight of our group is present here, it is the same group that has been together from the beginning, our planning is very diligent on the proposed hospital. He explained how hospitals get financing in a different manner from other type loans. He said that the law suit hurt them, it was only settled on June 28, they could get it financed but it would be over financed which would be a bigger mistake and be a worse problem than they have now. Councilman Hamilton said, the them do. Other hospitals are he would like to get this one other hospitals coming up in you in your opinion, we would considering only the hospital citizens want a hospital most of getting started in the surrounding area - started as soon as possible in view of the area. Dr. Altick said, we concur with like to get started, too. We have been first. Councilman Rhodes reviewed the history of the proposed medical center. He said, it has been nine or ten months and he thinks this has been too long. Dr. Maxfield said, Mr. Rhodes said he wanted something done, we do too. We have visited hospitals all over the country. We are at a point where the whole center can be built. We will be most happy to follow any lead that any of you have. We will build a hospital here, we want to be sure we can maintain it and operate it. He said he would like to get with members of the Council and of the Chamber of Commerce that they may work together in cooperation. He believed they could help them in getting a better headway and get this under construction. Mayor Airoldi said, we asked you last August what we could do and asked you to write a letter to us that we could show to the people, we are in harmony with you in getting a hospital. We have set a date of February 15 to get information, we have committed ourselves to the Page 35 people and must have some definite plan by February 15. Mr. Langdon said, the Chamber of Commerce is in the process of a sur- vey to get information from the citizens, they would be glad to add some questions on the hospital. Councilman Tippitt said, I feel I should make onething clear, the group was not opposed to the hospital, only to the location. He said he felt most of the people in the City want a hospital. He added, I agree with Mayor Airoldi, we want a hospital and soon. Mr. Hugh Steger, Attorney, said, this type financing cannot be peddled. There have been two major efforts made for financing. We are consider- ing going a savings and loan way. This group spent many thousands of dollars on the law suit. We may have something by February 15 but we would hate to think we would be cut off if we are close to something at that time. Mayor Airoldi said, we realize you have done a lot of work and have gone to great expense. We are not trying to make your problem harder. Mr. Rubin, C.P.A. for the group, made some comments on the other proposed hospitals in the Greater Dallas area. Dr. Altick said, we have held up on writing a letter because we felt we would have some information for you three or four weeks ago. We feel we will have something concrete for you by February 15. We have a copy of a letter here (presented copy to Mayor), we are sorry it is late. Dr. Maxfield said, we feel that the Chamber of Commerce could help us. The loan companies do look at such things, especially in view of the law suit. Mr. Narel Haynes said that he felt that the people do need to be educated, they need to understand the reasons for the delay. Councilman Hamilton said, that is what we have been wanting. Something to tell the people. REPORTS ON DRAINAGE RECOMMENDATIONS Mr. J. D. Dodson, Special Committee Chairman, gave a report on behalf of the Chamber of Commerce Drainage Committee. He said, this is a sub- committee, we want to attract industry and bring in revenue, this is a purely business approach and we are trying to find a point of contact. He then read recommendations from the Committee: The City to employ a Drainage Engineer to study the drainage of the western section; the Council to authorize the Chamber to initiate discussion with the City of Dallas which is involved in the drainage problems created by Rawhide and Farmers Branch Creeks. Page 36 Mayor Airoldi thanked Mr. Dodson for his thorough report. Councilman Tippitt reported on his Committee and said that the pictures are avail- able for inspection. They found growth blocking much of the drainage channels. His Committee recommends immediate expedience on a two year basis and then on a long range program. Councilman Oradat gave a report on drainage plans which cities such as Irving has had made in sizing storm sewers, bridges, channels, etc. Councilman Oradat moved that Powell and Powell Engineers be retained to make a Master Plan for the overall drainage from one end of the watershed to the other, covering all of the City, the amount not to exceed $20,000, without further authorization; seconded by Councilman Rhodes, all voting "ayes". APARTMENTS IN FARMINGTON PARK Mr. Ben Neely, 2834 Sunny Hill Lane, was speaker for several home owners on Sunny Hill Lane who were present to voice objections to the apartments to be built south of their homes. They have only recently learned that these apartments were to be built in the addition. They asked, is there anything that we can do to stop them? Councilman Hamilton said, I do not think so, I do not see how we can justifiably change a zoning that was given two years ago, the whole of Farmington Park Estates was zoned at one time, however, we do not intend to do anything to depreciate your homes. Mayor Airoldi asked, Bill, will your company build and own these apartments? Mr. Knighton said, yes, we will. After discussion of what can be done to protect the prospective pur- chaser of homes in Farmers Branch Councilman Tippitt moved, instruct the City Attorney to draw up an ordinance to require any developer and/or salesperson to deliver a plat of the area to any purchaser and require them to keep a current zoning map posted in their office; seconded by Councilman Rhodes; all voting "ayes". ARCHITECT FOR SUBURBAN FIRE STATION The City Manager reported that plans are to construct the City's first suburban fire station during the second year of the three-year bond pro- gram. The architect who prepared plans for the present City Hall and Fire Station, Mr. Charles Witchell, has been recommended. Council appointment is necessary. Upon a motion by Councilman Tippitt, seconded by Councilman Hamilton, all voting "ayes", Mr. Witchell was appointed as architect. Councilman Hamilton said, let's set next July 4 as the target date for the completion and opening of this new fire station. Page 37 RESIGNATION OF JUDGE LAW Howard Law, who had been the Judge of the Corporation Court for 4-1/2 years, submitted his resignation to the City Council to become effec- tive as soon as a replacement could be provided. Councilman Hamilton moved, accept Judge Law's resignation with regret and without prejudice and for him to be relieved of his duties when the Council finds a replacement, seconded by Councilman Oradat, all voting "ayes". LETTER FROM MAYOR TO ARTHUR TAPPAN The City Manager said, Mayor Airoldi has written a letter to Mr. Tappan regarding his interest in the Suburbia organization that he would like to have entered into the official City Council Minutes. Councilman Hamilton moved to make the letter a part of the minutes, seconded by Councilman Oradat, all voting "ayes". Dear Art: Due to the possible conflict between interest in City Govern- ment of Farmers Branch and Suburbia, I think it in the best interest of all concerned that I resign from Suburbia and relinquish my stock hold- ing in this corporation. This, I feel, will allow the members of Subur- bia to function in a "normal course of Business" manner. I sincerely appreciate our fine association in the past and wish Suburbia the best of everything for the years ahead. Best regards to all. /s/ A. J. Airoldi EQUIPMENT FOR RECREATION CENTER A list of equipment which will be needed to conduct the recreational program at the Recreation Center upon its completion was presented for the Council's consideration. City Manager Orman said, the estimated cost is $3,500 and will have to come out of bond money. He asked for authority to advertise for bids. Mayor Airoldi asked, has this been presented to the Park Board? Mr. Dodson said, no, this is equipment it will take to carry out the program as set out by the Park Board. This is a list of equipment that I would recommend after consultation with professional recreation people. Mayor Airoldi said that he did not think the Council should make any decisions without the Park Board's recommendations. Councilman Hamilton suggested that Mr. Dodson go to the Park Board and present the list, if it meets with their approval, then ask the Board Page 38 if from that time forward they want any purchase brought to their attention. Councilman Tippitt said that they should have a policy and should follow it, should have an amount set to go before the Board, otherwise it can be approved by the Council. PERMANENT LIBRARY BOARD Mayor Airoldi said, the following members of the present Interim Library Board are eligible for the permanent board should the Council desire to appoint them: Ted Dedrick, Wilford Norman, Larry Siegler, Will Cooper and Peter Geilich. Councilman Tippitt said that he would prefer to remove Larry Siegler because he is on the School Board, he had talked with Larry on this and would like to ask him to serve on the Friends of the Library. He would like to include Mr. Don Shipmen. Councilman Oradat added Mrs. Harvey Thompson. Will Cooper said, steps have already been taken to form a Friends of the Library organization which is a national organization with local affiliation. Councilman Oradat moved the appointment of the following to the Permanent Library Board: Ted Dedrick, Wilford Norman, Will Cooper, Peter Geilich, Don Shipmen and Mrs. Harvey Thompson; seconded by Councilman Tippitt; all voting "ayes". Mayor Airoldi and Mr. Cooper discussed the present library funds. They decided they should have a meeting soon on the allocation of these funds. SET DATES FOR PUBLIC HEARINGS Public Hearings for zone change requests were set for February 4, 1963. These hearings concern two requests for zone changes in the Valley View Lane-Inwood Road area. BUILDING PERMITS FOR 1962 City Manager Orman reported that building permits for 1962 totalled $5,600,681 the fourth highest year in the City's history with the average cost of new residences reaching the highest ever experi- enced at $15,734. During the year 260 new residences were built for a total of $4,090,881. Other construction, which included the new Southwestern Drug and the Superior Products buildings, amounted to $1,509,800. EXTENSION OF VALWOOD PARKWAY In a discussion of the extension of Valwood Parkway west Mayor Airoldi said that he and Mr. Orman had had a meeting with Dr. Thompson and maybe they could get together across the table and settle this out of court. Mr. Orman said he had talked with the City Attorney and Mr. Page 39 Nichols said that this could be done. The members of the Council agreed to this meeting. ADVISORY BOARDS Councilman Tippitt suggested that they ask each permanent advisory board to outline their policy, rules of procedure, etc., and send a copy to the Council. Councilman Hamilton moved, authorize Councilman Tippitt to proceed with an outline to explain to the Chairman of each board what the Council wants, seconded by Councilman Oradat, all voting "ayes". Mayor Airoldi said he would like to have a meeting with the Chairman of each board and/or committee. MINUTES OF PLAN COMMISSION-DECEMBER 11, 1962 Councilman Tippitt referred to page 3 of the abovementioned minutes. (Public Hearing will be held by the City Council on February 4, 1963) He suggested that in the recommendations made by the Plan Commission the following be added: (1) exclude barrow pits; (2) exclude any mining activity; (3) set a Fire Zone for the area. Adjournment 11:45 p.m. Dorthanna Williams, City Secretary Page 40