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1963-03-04 CC MinutesMINUTES OF A REGULAR MEETING CITY COUNCIL FARMERS BRANCH, TEXAS March 4, 1963 The City Council met in a regular session on March 4, 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 City Manager J. M. Orman Assistant City Manager John C. Dodson City Secretary Dorthanna Williams Councilmen Orad at and Regan were absent. Mayor Airoldi called the meeting to order. Mr. Glenn Hayden, First Baptist Church, gave the invocation. PUBLIC HEARING-ZONE CHANGE REQUEST BY J. J. HAWN Mr. Hawn requested that presently zoned "R-4" be a portion of Unit No. 5, Brookhaven Estates changed to "R-2". This portion is bounded by the east boundary of Johnston Park No. 3, the easement north of Longmeade, the easement east of Crestmoor Drive and the easement south of Briarbrook Drive, all of Unit No. 5 that is presently zoned "R-4". The Plan Commission reco mmended approval of this request. There were no proponents or opponents present. Councilman Rhodes moved approval of the request in view of the upgrading of the area, seconded by Councilman Hamilton, all voting "ayes". PUBLIC HEARING-ZONE CHANGE REQUEST BY MRS. GLADYS GERMANY Mrs.Germany requested that the property at 2557 Havenhurst be changed from "R-5" to "R-5" special permit to allow a beauty shop. The Plan Commission recommended denial of this request. City Manager, Orman explained the request and read from the minutes of the Plan Commission hearing. There were none present to speak in favor of this change. Messers. James Dobbs, 13351 Nestle, J. W. Mitchell, 2558 Havenhurst, C. E. Mills, 13352 Nestle and others spoke against the change. Councilman Rhodes moved disapprove this request in view of "spot" zoning, seconded by Councilman Tippitt, all voting "ayes". Page 62 AGREEMENT WITH CITY OF DALLAS FOR WA' The City Manager had previously sent Council members for their study. He Engineers and the City Attorney have ready for final consideration. This of Dallas to be paid for by the City in Farmers Branch. rER IN INWOOD AREA copies of this agreement to the explained that the Consulting approved the agreement and it is line to be installed by the City of Farmers Branch to serve an area Mayor Airoldi asked when this water line may be installed. Mr. Orman said he had talked with Mr. Graesser of the City of Dallas, he is preparing the bids and it will be approximately five months before the water line is completed. Councilman Rhodes said, it should be emphasized that the City of Farmers Branch will received all cost of the water line in return at such time as the City of Dallas would normally install the water line. Councilman Hamilton moved, accept the agreement as prepared, seconded by Councilman Rhodes, all voting "ayes". RESOLUTION-EASEMENT FOR CHANNEL ON COOKS BRANCH Upon a motion by Councilman Tippitt, seconded by Councilman Hamilton, all voting "ayes", a resolution was passed to approve payment of $1,100 for an easement along Cooks Branch near the Katy Railroad for the construction of the channel lining. ORDINANCE NO. 3£35 NEGLIGENT COLLISION Upon a motion by Councilman Hamilton, seconded by Councilman Rhodes, all voting "ayes", an ordinance was passed because at the present time no negligent collision can be made an offense in the City. Caption of the ordinance: AN ORDINANCE FOR THE CITY OF FARMERS BRANCH, TEXAS, MAKING IT AN OFFENSE FOR ANY PERSON OPERATING ANY MOTOR VEHICLE TO CAUSE THE SAME TO COLLIDE WITH ANY OTHER MOTOR VEHICLE OR ANY OBJECT WHATEVER, ON ANY STREET, ALLEY, HIGHWAY, OR OTHER PUBLIC PLACE WITHIN THE CORPORATE LIMITS OF THE CITY OF FARMERS BRANCH, DEFINING SUCH COLLISION AS THE OFFENSE OF NEGLIGENT COLLISION, PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE, AND DECLARING AN EMERGENCY. FINAL PAYMENT-STREET PROJECT NO. 15-COOKS BRANCH Upon a motion by Councilman Tippitt, seconded by Councilman Rhodes, all voting "ayes" a resolution was passed that the Gibralter Construc- tion Company has completed this project in accordance with the plans and specifications, that this project is hereby approved and accepted and final payment in the amount of $24,021.52 be made from funds previously allocated. Page 63 1 METROPOLITAN MEDICAL CENTER Dr. Frank Altick said, we are a group dedicated to build a hospital in and for Farmers Branch. A 70-bed hospital with all facilities normally present in a hospital to be built in accordance with the ordinance of the City of Farmers Branch. Mr. Ben Templeton presented a sketch of a chart showing the plan of procedure. offices, hospital, emergency facilities divert the flow of the creek to make a drainage. The construction schedule is to November 1, at the maximum the first the proposed first phase and He said, there will be doctor's and paved parking. They will natural boundary and provide 210 calendar days, from April 1 of next year. Mr. Don Stearman, 3216 Myra Lane, said, this is a one story building, two years ago we were shown a three story building. Mr. Templeton said, at that time this was a train of buildings, we do not feel the retail is necessary at this time. Mr. Stearman then asked the maximum height the hospital may eventually go. Mayor Airoldi said, three stories will be the maximum. Mr. Hugh Steger said, there is no change, all will be built in order as in the ordinance of the City. There will be no deviation or anything to depart from the plans of two years ago. Mr. Stearman asked, how close will the building be to the easement behind Myra Lane? Our objection was to the invasion of our privacy, a one story structure would be desirable. Mr. Steger read from the ordinance: one story - minimum 50 feet, two story - minimum 75 feet and three story - minimum 100 feet from rear property line. Mr. Stearman asked, the screening will be on which side of the drainage ditch? Dr. Altick, on the north side. Mr. Steger then read the screening requirements. Mayor Airoldi said, all screening and drainage will go in with the first phase, one member of the City Council will be working closely with the Center during construction and will be an ex officio member of the hospital Board of Directors as provided by the Special Permit Ordinance. Councilman Rhodes moved that Mayor Pro-Tem Hamilton be elected as the ex officio member, seconded by Councilman Tippitt, all voting IBayes". Mayor Airoldi said, our understanding is that it will be a 70-bed hospital with emergency facilities, open 24 hours a day and open to all doctors in Farmers Branch. Dr. Altick said, we will extend an invitation to all doctors practicing in Farmers Branch who are members of AMA and the County Medical Society. P ■ 64 M Mayor Airoldi asked, will there be interns? Dr. Altick said, as it stands now, no. Mayor Airoldi said, we have on file a copy of the commitment of the loan company. He then asked the group to submit a rendering of the entrance off Webb Chapel Road. Dr. Altick said, we will be happy to. Mr. Orman asked about the easement for widening of Webb Chapel Road. Mr. Steger said if it has not already been done they will give the easement as specified in the ordinance. Mr. Alfred Benjamin, Eunice, said, the hospital takes up about 50% of the land purchased, what plans do they have for the eastern half, he understood that they planned a residential development. Dr. Altick said, it is still zoned residential, we have no plans at present, we do not know what drainage problem we may run into. Councilman Hamil- ton said, this was not a part of the ordinance, the ordinance only covers the property concerned with the hospital. The questions were posed, how far will this building be from Webb Chapel Road, how far from (extension) of Eunice? Mr. Templeton, about 600 to 700 feet from Webb Chapel, 300 to 400 feet from Eunice. Coun- cilman Tippitt asked, this particular building was conceived and is still conceived to be one story? Dr. Altick answered, yes. RESOLUTION-MINOR MODIFICATION UNIT NO. 4 - METROPOLITAN MEDICAL CENTER Upon a motion by Councilman Rhodes, seconded by Councilman Hamilton, all voting "ayes" a resolution was passed whereas an application has been made to the City Council for a building permit for the construc- tion of a one story building on the easternmost portion of the tract of land as shown on the site plan as the first phase of such medical center and to consist of a 70-bed hospital unit which is shown as Building No. 4 on the approved site plan; that the approved site plan is amended by a minor modification of Building Unit No. 4 shown thereon as a self Care Unit to indicate instead a 70-bed hospital unit in the same location on the site plan. PUBLIC HEARING-ZONE CHANGE REQUEST BY MR. ED HALBERT Mr. Halbert requested that the land approximately 12 acres lying on the east side of Ford Road and south of Farmers Branch Creek be changed from "R-4" to "L-M". The land is owned by Daisy Davis and Ruby Stellman. City Manager Orman read the recommendation of the Plan Commission, the Commission feels this change of zoning would not be in the interest of the City, there is other property in the City already zoned and invited the proposed industry to consider those. Mr. Boyd Newman, Attorney, said he was appearing for Mr. Halbert. He said, all the property in question is undeveloped, the area to the west Page 65 is in Dallas and it is industrial, there is a chemical company there, it has set the type and it is their belief by zoning this area "L-M" it will be the highest and best use for the l and. He believed an adequate buffer can be maintained o n the east side, they submit this request on the basis that it is the best use for the .City. Mayor Airoldi asked, are you taking about zoning for immediate use? He said he had read where the furniture company in question is selling out to another company. He added, there is no bridge across Farmers Branch Creek, there is a question on fire protection. Mr. Newman said, we are concerned with zoning, bridge and roads would be discussed at the time of request for building permit, etc. Mr. Halbert said, we bought this property for an investment, we feel now is the time to do something with it. We can do more with the property zoned "L-M" than zoned residential. The closest people to us in one thousand feet, we are not close to anybody, we would not bother anybody. Mr. Earl Womack, Realtor, said, Burke Furniture Company was interested in the property. Mr. Burke liked the property, near railroad, etc., near other industry, Mr. Halbert said he thought he could get it zoned properly. Mr. H. N. Mallon, 2710 Farmers Branch Lane, said, the motive for the zone change is to get a higher price for the property. There is beautiful property along the creek, many lovely homes on each side of the creek my home is there. He said he just could not imagine a factory being just across a creek from "R-2" zoning, there are plenty of manufacturing areas all over town. For the good of the owners all around the area he would like to keep industry to the west of Ford Road. Mr. Jack Barnes, 2808 Reedcroft, said, one thousand feet is not enough, for many reasons he would go on recrod as being against this change. Mr. Newman read a letter that was written to Miss Davis advising the best use of her property, it indicated about one-third of the property in question as "L-M". Others speaking in opposition of the change were: Messrs. Dale Johnson, D. S. Liston, Warren Spanutius, C. P. Carter, W. E. Rogers, George Rodriquez, G. P. Morron, Jim Carson, C. A. Kuger, W. A. Pyke, David Wolf, Phillip Driel, Dale Miller, R. L. Czerwinski, Buford Harrison and R. N. Logan and Mrs. Fred W. Mitchell. All of these people living on Bay Meadow Circle, Bay Meadow Court, Meadow Port Drive and Reedcroft. Page 66 Mr. Newman said, if the Council would consider a change in the future for a special purpose he would appreciate the Council's consideration. He said he realized these people have a lot to be concerned about but Farmers Branch has no control over property in Dallas. Councilman Rhodes said that he went out to look at the property and would be opposed to L-M zoning. Councilman Hamilton said, I, too, went out to look at the property, due to the fact this is a downgrading I am opposed. Councilman Rhodes moved denial of the request. Councilman Tippitt said, I would prefer a full Council before a decision is reached and would like to table this. Mayor Airoldi said, since this is an advertised hearing he felt they should make a decision, they could not fairly postpone as it would not be fair to either side. Councilman Hamilton seconded the motion, Councilmen Hamilton and Rhodes voting "ayes", Councilman Tippitt abstaining. ORDINANCE NO. 386 - STREET PROJECT NO. 22 - BRIDGE ON WEBB CHAPEL Upon a motion by Councilman Tippitt, seconded by Councilman Hamilton, all voting "ayes", an ordinance was passed appropriating $8,500 for the City's share of the cost of replacing a bridge over Rawhide Creek, the City and the County sharing equally in this project. Caption of the ordinance: AN ORDINANCE SETTING FORTH THE EXTIMATED COST OF CONSTRUCTING A CULVERT ON WEBB CHAPEL ROAD ACROSS RAWHIDE CREEK AND APPROPRIATING FUNDS FOR THE CITY'S SHARE OF THE COST OUT OF THE STREET IMPROVEMENT BOND FUND UNAPPROPRIATED SURPLUS. EXTENSION OF VALWOOD PARKWAY WEST Dr. L. S. Thompson and Mr. Jack Blanton were present at the invitation of the City Council to discuss the extension of Valwood Parkway west to Dr. Thompson's property. Mr. Blanton said that he would give the right-of-way through his property if he would not be required to pay any part of the cost of paving and if the City would put in a storm sewer just to the railroad. He said this would leave him very little land but he would have access to the street. After much discussion the City Manager and the City Engineer were instructed to determine the cost to the City. Mayor Airoldi said they will then see what can be worked out. Page 67 RECREATION CENTER Councilman Tippitt expressed his pleasure at the "Policy" as set out by the Park and Recreation Commission. He suggested copies be given to other advisory committees to show what the Council would like from all of them. He also discussed the extension of the swimming season through September on week-ends only.. Mrs. Siegler asked the Council to reconsider some of the requests made by the Park Commission last year for a turnstile at the pool to keep out the traffic through the dressing rooms and to make an effort to keep the pool cleaner. ADJOURNMENT AT 11:05 p.m. Dorthanna Williams, City Secretary 1 L P 68