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1976-07-19 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR. MEETING JULY 19, 1976 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro Tem Bill Binford Councilmen: John Dodd Fred Johnson Ken Quevreaux W. R. Linn The following members of the City Administration were present: City Manager Paul M. West City A ttorney Doug McCallon Director of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of July 19, 1976 to order at 7:30 p.m. . AGENDA ITEM NO. 1. -INVOCATION. Ray Flaherty gave the invocation. DECLARING AN EMERGENCY After some consideration, a motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", declared an emergency and placed the following items on the agenda as: No. 19.d. -Consider Resolution Opposing Increasing Coverages under Workmans Compensa- tion Act; No. 19, e. -Consider Resolution Opposing Collective Bargaining; and No. 22, a. -Consider Authorizing Emergency Purchase of Commercial Garbage Collection Truck. AGENDA ITEM NO. 2- APPROVAL OF MINUTES - June 21, 1976 After some consideration, a motion by Councilman Linn, a second by Council- man Binford, all voting "aye", approved the minutes of the City Council meeting of June 21, 1976 with the following correction made to page 116 under Item No. 18: In the last paragraph, Let the last sentence read: 'Councilman Dodd voting "nay", because he desired further discussion between the cities of Carrollton and Farmers Branch and the School Administration to get their feed back on the City of Farmers Branch ideas and then let the Adminis- tration come back with ideas on that.' Vol. 25, Page 123. AGENDA ITEM NO. 3. -CONSIDER RESOLUTION EXPRESSING SUPPORT FOR PROPOSED COUNTY ROAD BOND. Mayor Grimmer read a resolution that had been prepared supporting the proposed County Road Bond. Councilman Quevreaux expressed a desire to go on record supporting the item that would have direct application to the City of Farmers Branch and that would be the Valley View Bridge over the Elm Fork. This to be two-lane with approaches to utilize existing bridge in the recommended about of expenditure of $2, 889, 000. 00. After some discussion of placing the Valley View Bridge as the priority item of Farmers Branch in the resolution, and the desire of the Council to support the proposed County Road Bond, the City Attorney added a section to the resolution. The section added states "that the City Council urges that special priority be given to the Valley View bridge as described on the said listing of projects. " With this added to the resolution, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", adopted Resolution No. 76-028. AGENDA ITEM NO. 4. -PRESENTATION BY THE LIBRARY BOARD. Mr. Ray Flaherty, 13220 Challaburton, Mrs. Cynthia Stanaland, 12220 Brisbane and Mrs. Dorothy Leckie, 3635 Tanglewood Circle, all members of the Library Board, made a presentation of information and recommendation to the City Council regarding the Library in planning the 1976-77 budget. Mrs. Stanaland gave a report on the status of the library and displayed a slide presentation on the services of the library and its problems. Mrs. Leckie stated that there is a need to fill the empty shelves at the library. She spoke of donations that could be used for this . Mr. Flaherty stated that the Library Board recommends the City Council to consider the following when planning the 1976-77 budget. A childrens librarian and a clerical assistant in order to maintain the present level of library service to the children. An additional librarian and 2 clerical assistants in order to properly full- fill the total function of the acquisition of books and library equipment and reference service. Expanded Hours of operation to 64 hours open instead of the now 46 hours open. Mr. Flaherty stated that funds necessary for this additional library personnel would be available without any tax increase but by an adjustment of 1~ or 2~ on each revenue dollar to the library. Vol. 25, Page 124. Mr. Flaherty stated that the increasing in personnel recommended by the Library Board would bring the total staff of the library to 2/3 of the minimum requirement made by the Texas Association of Librarians for cities similar to the City of Farmers Branch. Mayor Grimmer asked for those who were in attendance on behalf of the presentation from the Library Board to stand. There were 16 who stood. Councilman Linn made the motion that this recommendation from the Library Board be passed to the City Manager for additional consideration in the preparation of the proposed 1976-77 budget in regards to the operation and funding for the Manske Memorial Library. Councilman Binford seconded the motion. All voted "aye". AGENDA ITEM NO. 5. -CONSIDER CONCEPT FOR BEAUTIFICATION OF CITY'OF FARMERS BRANCH THOROUGHFARES AND MAJOR RETAIL AREAS. City Manager Paul West presented a slide presentation of a concept for the beautification bf city thoroughfares and major retail areas. Mayor Grimmer stated that the Planning and Zoning Commission approved the concept. After some consideration, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", that the concept for beautification of city thoroughfares and major retail areas be approved and implemented. MAYOR GRIMMER PROCLAIMED TUESDAY, AUGUST 3rd, 1976, AS CCMMUNITY NIGHT AT RANGER STADIUM. AGENDA ITEM NO. 6. -CONSIDER REQUEST FOR CIVIC AND PHILAN- THROPIC USE. REQUESTED BY FARMERS BRANCH JAYCEES. Mr. James Fields, past president and chairman of Pioneer Days 1976, requested permission to hold the annual Farmers Branch Pioneer Days Celebration on the parking lot of the Farmers Branch Shopping Center. for the dates of September 13, 1976 through September 18, 1976. Mr. Fields also requested permission to erect advertising signs and permission to. have a parade on September 18, 1976 at 10:00 a, m, beginning at the R. L. Turner High School parking lot coming down Josey Lane to Farmers Branch Shopping Center. Mr. Fields displayed a copy of an insurance policy issued to the Farmers Branch Jaycees for liability on the responsibility of holding the celebration, After some consideration, a motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", adopted Resolution No. 76-027 which authorizes the Farmers Branch Jaycees to hold the annual Farmers Branch Pioneer Days Celebration on the Farmers Branch Shopping Center parking tot from September 13, 1976 through September 18, 1976. Vol. 25, Page 125. AGENDA ITEM NO. 7. -CONSIDER MANNING COUNCIL BOOTH AT HOMEOWNERS FIESTA. - City Manager Paul West explained that the Homeowners Fiesta is set for August 9 and 10, 1976 from 6:00 p.m. to 9:30 p.m. at the Recreation Center, the Valwood Elementary School and the street area between the two. There is to be approximately 200 booths or demonstrations. It has been arranged to have adequate space and facilities for the City Council to be able to meet and visit with the citizens of Farmers Branch at the Fiesta. It is hoped that the Council will agree to man the Council booth from the hours bf 6:00 p, m, to 9:30 p, m. , Monday and Tuesday, August 9th ' and 10th. After some discussion, a motion by Councilman Linn, a second by Councilman Dodd, all voting "aye", agreed to man a booth for the City Council at the Fiesta. Councilman Binford was designated by the Council to schedule the hours for attendance of the Council members. AGENDA ITEM NO. 8. -CONSIDER CIVIC AND PHILANTHROPIC USE FOR THE HOMEOWNERS FIESTA. City Manager Paul West gave the following information: It appears the businessmen's participation in the Farmers Branch Homeowners How-to Fiesta set for August 9 and 10, 1976, has been enthusiastically received, Definite committments for participation has been so large, that the interior of the recreation center and parking lot areas are not large enough to house the businessmen's displays. Approval is requested for closing Hoartside from Amber to Valwood Parkway to accommodate displays, exhibits and entertainment and other functions. Permission is requested to close the street at 9:00 a, m, on August 9, 1976 until 9:00 a. m, on August 11, 1976. After some discussion, a motion by Councilman Linn, a second by Council- man Quevreaux, all voting "aye", adopted Resolution No. 76-026 which closes Heartside Place for the Fiesta between Amber Lane and Valwood Parkway from 9:00 a, m. August 9, until 9:00 a, m. August 11, 1976. AGENDA ITEM NO. 9. - PUBLIC HEARING OF COLONIAL SAVINGS & LOAN FOR SPECIFIC USE PERMIT. Mayor Grimmer opened the public by explaining that Colonial Savings and Loan Association owns a 1. 043 acre tract of land at 13305 Josey Lane. The tract lies on the west side of Josey Lane, directly north of the McDonald's restaurant. The property is zoned Office (U). Section 8-114 of the Zoning Ordinance requires a Specific Use Permit to operate a Savings and Loan Association in an Office Zoning District. Colonial Savings and Loan is requesting the City Council to approve the Specific Use Permit. Mr, Larry Smith, Vice President of-Colonial Savings and Loan was present in behalf of the request. Mayor Grimmer asked if there was any one in the audience that would like to speak in favor of the request. The following spoke: Mrs. Jane Drake, 3272 Golfing Green, stated that she was in favor of the request Mr. Roy Head, 2832 Golfing Green, stated that he was in favor of the request. Vol. 25, Page 126. Mayor Grimmer stated that the Council received a notice from Mr. H. B. Bixler, 2832 Golfing Green, in favor of the request. Mr. Bixler owns the property where Mr. Head resides. Mayor Grimmer asked if there was any one in the audience who wished to speak opposing the request. The following spoke: Mrs. Elaine Bruekner, 2806 Golfing Green, opposed the request. She stated that she took a personal survey and the outcome was that 4 property owners approved the request, 1 opposed, and 4 did not respond one way or the other. She stated that she would like to see the property rezoned or named as public open space and also that the property on the southwest corner of Golfing Green and Josey that the city owns be left as public open space. There being no other comments, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", closed the public hearing. The Planning and Zoning Commission recommends that the Specific Use Permit be granted. After some consideration, a motion by Councilman Dodd, a second by Councilman Linn, all voting "aye", approved the request of the Colonial Savings & Loan Association for a Specific Use Permit to operate a Savings and Loan Association in an Office zoning district by adopting Ordinance No. 1107, as recommended by the Planning and Zoning Commission: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF FARMERS BRANCH, AS HERETO- FORE AMENDED; BY GRANTING TO COLONIAL SAVINGS AND LOAN ASSOCIATION A SPECIFIC USE PERMIT FOR A SAVINGS AND LOAN ASSOCIATION IN AN OFFICE (O) ZONE, SAID SAVINGS AND LOAN USE TO BE LOCATED AT 13305 JOSEY LANE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED ($200. 00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 10. -PUBLIC HEARING TO CONSIDER AMENDING ZONING ORDINANCE DEFINING A FRATERNAL ORGANIZATION, LODGE OR CIVIC CLUB, PRIVATE CLUB. Mayor Grimmer opened the public hearing to consider amending the Zoning Ordinance of the City by amending Section 8-102, so as to define a fraternal organization, lodge or civic club; and Section 8-104, so as to define a private club; and Section 8-700, so as to add the definition of a fraternal organization, lodge or civic club, and the definition of a private club. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: The City Zoning Ordinance does not define fraternal organizations or private clubs. A definition for each use would eliminate confusion in using the Use Charts of the Zoning Ordinance. Vol. 25, Page 127. The Planning and Zoning Commission recommends that the uses be defined as follows: Private Club Any club, organization, association or group of people meeting together and required by the Texas Liquor Control Act to obtain a permit or a license. Fraternal Organization A society or association organized for the pursuit of some common object by working together in a brotherly union. These organizations are not automatically a private club, but may also be a private club. Mayor Grimmer asked if there was any one in the audience who wished to speak on this consideration. No one spoke. A motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", closed the public hearing. Councilman Dodd made the motion to amend Section 8-102, 8-104, 8-700, of the City Zoning Ordinance so as to define fraternal organizations, lodge or civic club and private clubs by adopting Ordinance No. 1106. Councilman Linn seconded the motion. There was discussion between the Council members on the wording of the definitions of a fraternal organization and a private club. Mayor Grimmer stated that a man wished to speak and that there was a motion on the floor. The Council granted him permission to speak. Mr. Bernie Gennarino, Governor of the Farmers 'Branch Moose Lodge, made the statement that his lodge has been exempt by the State. Councilman Johnson stated that fraternal organizations or social clubs may be exempt of the way of dispensing liquor but they are not exempt of having b obtain a permit from the Liquor Control Act. All voted "aye" on the motion of adopting the following captioned Ordinance No. 1106: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE, AS HERETOFORE AMENDED; BY AMENDING SECTION 8-102, SO AS TO DEFINE A FRATERNAL ORGANIZATION, LODGE, OR CIVIC CLUB; AND SECTION 8-104, SO AS TO DEFINE A PRIVATE CLUB; AND SECTION 8-700 SO AS TO ADD THE DEFINITION OF A FRATERNAL ORGANIZATION, LODGE OR CIVIC CLUB, AND THE DEFINITION OF A PRIVATE CLUB; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO ($200.00); AND CREATING AN EMERGENCY. Vol. 25, Page 128. AGENDA ITEM NO. 11. -PUBLIC HEARING TO CONSIDER SPECIFIC USE PERMIT FOR A SANDWICH SHOP IN A PD-14 (MF-2, O) ZONING DISTRICT LOCATED AT 3001 L. B. J. FREEWAY. Mayor Grimmer opened the public hearing by stating that Mr. Bill Corley of 4831 Treemont is requesting a Specific Use Permit to locate a sandwich shop in Brookhaven Office Park. Brookhaven Office Park is zoned PD-14 (MF-2, O). The property is being developed as an office park. The sand- wich shop will be a special purpose type restaurant designed for the vegetarian. Sandwiches, fresh fruit and other vegetable salads will be offered. Mr. Corley has not proposed any signs or other advertisements located outside of the building. There will be no alcoholic beverages sold in his shop. Section 8-114 of the City Zoning Ordinanc requires that a Specific Use Permit be obtained for a restaurant use in an office zoning district. The Planning and Zoning Commission recommends that the request be approved. Mr. Bill Corley was present in behalf of the request. Mayor Grimmer asked if there was any one in the audience who wished to speak in favor of the request. No one spoke. Mayor Grimmer asked if there was any one in the audience who wished to speak in opposition of the request. No one spoke. A motion by Councilman Dodd, a second by Councilman Binford, all voting "aye", closed the public hearing. After some consideration, a motion by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", approved the request for the Specific Use Permit for a restaurant use in the Office Zoning District located at 3001 L. B. J. Freeway by adopting the following captioned Ordinance No. 1108: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR A SANDWICH SHOP IN A ZONING DISTRICT ALLOWING OFFICE USES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF ($200. 00) FOR EACH OFFENSE AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 12. CONSIDER AUTHORIZING THE CITY MANAGER. TO SIGN A DEVELOPERS CONTRACT BETWEEN FOODMAKER, INC. AND THE CITY OF FARMERS BRANCH AND ACCEPTING A HOLD HARMLESS AGREEMENT. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: Food.maker, Inc, has purchased Vol. 25, Page 129. the property at the southeast corner of Webb Chapel Road and Belt Line Road and proposes to divide the property into two lots, which requires a replat of the property. A developers contract was required because the property was not creveloped at this time. The developers contract provides for all of the requirements of the current subdivision ordinance. After some consideration, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", authorized the City Manager to sign a developers contract between Foodmaker, Inc, and the City, and accepted the hold harmless agreement. AGENDA ITEM NO. 13. -CONSIDER FINAL PLAT APPROVAL FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER. OF WEBB CHAPEL AND BELT LINE ROAD. REQUESTED BY H. LOU HORN FOR FOOD- MAKER, INC. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: Foodmaker, Inc, has purchased the property at the southeast corner of Webb Chapel Road and Belt Line Road. The property is in a Light Industrial zoning district. A Jack-In- The-Box has been constructed on the eastern half of the property. Foodmaker, Inc, proposes to divide the property into two lots. A Dunkin Donut Shop is proposed for the western half of the property. The subdivision plat conforms with the requirements of the city subdivision ordinance. The Planning and Zoning Commission recommends that the final plat be approved. After some consideration, a motion by Councilman Quevreaux, a second by Councilman Dodd, all voting "aye", approved the final plat of Foodmaker Second Edition. AGENDA ITEM NO. 14. -CONSIDER TRAFFIC CONTROL PLAN FOR _MCLAUGHLIN AND AUTHORIZE THE EXPENDITURE OF FUNDS FOR APPROVED IMPROVEMENTS. The Council considered a proposed plan that calls for span-wire mounted traffic signals to be installed at the intersection of Southern Pines and Webb Chapel Road. These signals will be supplemented by post-mounted signals for the control of pedestrians. Normal signal operation will be with a flashing yellow displayed on Webb Chapel and a flashing red on Southern Pines. The school crossing guard can change this sequence so that a steady red indication is given to all vehicle traffic with a walk indication for pedestrians. A portion of Webb Chapel Road should be disannexed by Carrollton and annexed by Farmers Branch if this plan is approved. The Administrative Officials with the City of Carrollton have indicated that this will be recommended to the Carrollton City Council after we have adopted our plans for this area. After some discussion, a motion by Councilman Dodd, a second by Council- man Linn, all voting "aye", approved the revised plans described above for the installation of a school crossing signal at Southern Pines and Webb Chapel Road, and authorized the expenditure of funds for these improvements. Vol. 25, Page 130. AGENDA ITEM NO. 15. -CONSIDER COMPLAINT ABOUT SANITATION COLLECTION. A motion by Councilman Dodd, a second by Councilman Linn, all voting "aye", dismissed this item from the agenda because Mr. Kevin Sullivan was not present for his request for putting this item on the agenda. AGENDA ITEM NO. 16. -CONSIDER ACCEPTING CORRECTED EASE- MENT ON FREED FURNITURE PROPERTY, LOCATED AT 4355 L. B. J. FREEWAY. City Manager Paul West explained that during 1971, Mangurian's Inc, granted a 15' wide firelane and utility easement to the City of Farmers Branch. The easement was granted to allow the city access to a firelane and fire hydrants surrounding the Mangurian's property. Freed Furniture has since purchased the property from Mangurian's. The easement, as recorded with the County, is not clear. The present owner of the property, Freed Furni- ture, needs to clarify the easement in order to finalize the financing. The present owners of the property have prepared a correction easement specifically defining the firelane and utility easement with a metes and bounds description. The owners request that the City Council accept the correction easement. Accepting the correction easement will not change ay conditions on the Freed Furniture property. There will be no changes in the location of the easement. After some consideration, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", accepted the correction easement and authorized the City Manager to sign accepting and approving said easement. AGENDA ITEM NO. 17. -CONSIDER RESOLUTION NO. 76-020 CHANGE OF VOTING LOCATION. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: A letter has been received from Dale B. Davis of the Carrollton-Farmers Branch School District requesting that the polling places of the city and the school and the dates of elections coincide so that they will have better voting participation in the community. In order to change the city's polling place, there is need of the adoption of Resolution No. 76-020. If the Council approves the resolution then a package containing various required items, along with the items submitted by the School District, will be sent to the United States Attorney General who must approve such changes under the National Voters Rights Act. After some discussion between the Council members and Mr. Gene Matthews, member of the School Board, concerning precinct-voting locations, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", adopted Resolution No. 76-020 so that the location for the municipal and school elections will be at the same location. Vol. 25, Page 131. AGENDA ITEM NO. 18. -CONSIDER LEASE AGREEMENT WITH ST. PAUL LUTHERAN CHURCH FOR PARKING LOT FACILITY. A motion by Councilman Binford, a second by Councilman Dodd, all voting "aye", tabled this item for consideration until such time as St. Paul Lutheran Church is ready to present it further. AGENDA ITEM NO. 19. -CONSIDER RESOLUTIONS TO BE SUBMITTED TO TEXAS MUNCIPAL LEAGUE: a. Resolution proposing changes in the Texas Municipal Retirement System Vested Benefits. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: An option of the Texas Municipal Retirement System which City of Farmers Branch employees have is vested after twenty years of service with the city. Should the employee who has become vested and is not eligible for retirement because of age, die; his beneficiary would receive only the deposits made by the employee plus interest-on the deposits. An employees dependent should be entitled to the same retirement benefits as the employee would have received should he have lived until he reached retirement age. In the absence of an actual study it is felt the additional cost for this benefit would be very little. After some discussion, a motion by Councilman Dodd, a second by Council- man Linn, all voting "aye", adopted Resolution No. 76-021 which proposes the Texas Municipal Retirement System option be changed to allow the same retirement benefits be made available to the beneficiary of a vested member who dies and is not eligible for retirement benefits. b. Resolution opposing the Elimination of the 1% City Sales Tax on Natural Gas and Electrical Energy. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: There is presently a recommenda- tion by a legislative Committee for the Governor to call a special session of the Legislative to remove the 4% State Sales Tax and the 1% City Sales Tax from natural gas and electric energy bills. This proposal would reduce the City of Farmers Branch Sales Tax by approximately $108, 000. 00 per year or the equivalent of a 4 cent Tax increase to restore this loss of revenue. The removal of the Sales Tax would have a minimal effect on the customers utility bills. The legislature should explore other areas in an effort to find a way to reduce utility bills in some substantial amount. Councilman Johnson spoke in opposition of the resolution. He stated that he believed the good in the reduction in the utility bills for all the citizens would offset the loss in revenue to the city. Councilman Dodd spoke in favor of leaving the 1% as is. Councilman Johnson made a motion to take no action on this resolution. Councilman Dodd seconded the motion and all voted "aye". Vol. 25, Page 132. c. Resolution Opposing a Mandatory Appraisel Section in the County Tax Assessor's Office. Mayor Grimmer gave the following information to the City Council from a memo from the City Administration: Legislation was introduced during the 1975 session of the Texas Legislature that would make manda- tory a County Tax Appraisel Office for all taxing units in the county. The bill provided for a "Board of Adjustments" to have supervision over the appraisel office. The `Board of Adjustments" would have only 9 members and small Taxing units would have a very small voice with regards to the "Board". The County Commissioners Court would still set as the Board of Equalization as required by the Texas Constitution which would bring politics into the appraisel process. After discussion of opposition of this proposal, a motion by Councilman Binford, a second by Councilman Dodd, all voting "aye", adopted Resolution No. 76-023 opposing a mandatory appraisel section in the County Tax Assessor's office. Councilman Quevreaux stated that he recommends that the city take a strong stand against this proposal and get word to the Dallas Metropoli- tan cities about it. d. Resolution opposing Increasing Coverages under Workmens Compen- sation Act. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: The Texas Municipal League has called for resolutions from Texas cities concerning possible legislation in the next session of the Texas Legislature. Several Representatives and State Senators have already indicated they are going to try to introduce legislation which will increase the coverages provided by the Workmens Compensation Act. After some consideration, a motion by Councilman Johnson, a second by Councilman Linn, all voting "aye", adopted Resolution No. 76-029 opposing any increase in the coverage provided by Workmens Compen- sation. e. Resolution Opposing Collective Bargaining. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: The Texas Municipal League has called for resolutions from Texas Cities concerning possible legislation in the next session of the Texas Legislature. The Administration feels that one area which will be heavily debated in the next session will be that of mandatory collective bargaining. After some consideration, a motion- by Councilman Dodd, a second by Councilman Quevreaux, all voting "aye", adopted Resolution No. 76-030 which opposes collective bargaining. Vol. 25, Page 133. AGENDA ITEM NO. 20. -CONSIDER. A RESOLUTION INITIATING ASSESS- MENT PAVING PROGRAM FOR IMPROVEMENTS TO FORD ROAD FROM VILLA CREEK DRIVE TO FARMERS BRANCH LANE. City Manager Paul West explained that Ford Road from Villa Creek Drive to the south approach of Ford Road Bridges shall be improved by constructing in the existing right-of-way, roadway, which shall be 8" 3000 psi reinforced concrete pavement with curb and gutter. The paving improvements shall consist of two divided roadways each 25' in width. The paved lanes will be separated by a 14' median. And further, Ford Road from north approach slab of Ford Road bridges to FarmersBranch Lane shall be improved by constructing in existing right-of-way roadways, which shall be 6 1/2" 3000 psi reinforced concrete pavement with a 1 1/2" asphaltic concrete fine grade surface for vehicle traffic. The paving improvements shall consist of two 25' divided roadways, without curb and gutter, with a 14' median separation. Resolution No. 76-024 is the initiating resolution for approval of scope and content, and direction for preparation for rolls and estimates. After some discussion, a motion by Councilman Linn, a second by Council- man Quevreaux, all voting "aye", adopted Resolution No. 76-024 which initiates assessment paving program for improvements to Ford Road from Villa Creek Drive to Farmers Branch Lane. AGENDA ITEM NO. 21. -CONSIDER AWARDING CONTRACT FOR PAVING IMPROVEMENTS ON FORD ROAD FROM VILLA CREEK DRIVE TO FARMERS BRANCH LANE. Mayor Grimmer explained that bids have been received for the construction of paving and drainage improvements on Ford Road from Villa Creek Drive to Farmers Branch Lane. The low bidder is Austin Paving Company with a bid in the amount of $202, 503. 01, with a completion of 90 working days. The total cost of this project has been placed in an escrow account by Metro Square. Payment for the work will be made from this account. There will be no expenditure of city funds. After reviewing all bids, a motion by Councilman Johnson, a second by Councilman Binford, all voting "aye", adopted Resolution No. 76-025 that awards the contract for paving improvements on Ford Road to Austin Paving Company in the amount of $202, 503. 01. AGENDA ITEM NO. 22. -CONSIDER VALIDATING ACTION OF THE CITY MANAGER MAKING EMERGENCY EXPENDITURE FOR REPLACING ENGINES IN SANITATION TRUCKS. City Manager Paul West in a memo to the City Council told of problems the city has experienced of two 1974 Shu-Pack garbage trucks. He told of various mechanical means that were administered to the trucks in order to try to keep them in working order. Several alternatives were investi- gated to correct the situation. After consulting with the shop personnel, the sanitation personnel and various manufactures, it seems the most reasonable course of action is to replace the engines in the two Chevrolets with diesel motors. This will cost $17, 352. 00 for both engines. Vol. 25, Page 134. After some discussion on the importance of providing good garbage collection service to the residential customers, a motion by Councilman Binford, a second by Councilman Linn, all voting "aye", validated the City Manager's emergency action purchasing the engines and appropriating $17, 352. 00 for that purpose and declaring an emergency. AGENDA ITEM NO. 22, a. -CONSIDER AUTHORIZING EMERGENCY PURCHASE OF A COMMERCIAL GARBAGE COLLECTION TRUCK. The Council reviewed a memo sent to them from the City Administration explaining the necessity of the request of the administration to purchase a commercial garbage collection truck. After some discussion, a motion by Councilman Binford and a second by Councilman Quevreaux, authorized the purchasing of a 1975 Kenworth truck with a 35 Easy-Pak front loading compactor from Industrial Disposal for a sum of $44, 468. 00, and appropriating that amount and declaring an emergency. Councilman Johnson asked to amend the motion to include saying a new 1975 truck with warranty. Councilman Binford and Councilman Quevreaux accepted the amendment. All voted "aye". MAYOR GRIMMER ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAD BEEN CONCLUDED. AFTER A SHORT RECESS THE COUNCIL WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. Mayor Grimmer explained that Article 6252-17, Section 2 of the Open Meeting Law provided that such item as discuss land acquisition maybe discussed in closed session. AGENDA ITEM NO. 23. - EXECUTIVE SESSION. a. Discuss Land Acquisition The acquisition of right-of-way needed from Mr. Carl Montgomery on Rossford Street was discussed. City Manager Paul West gave a report on the sanitary landfill status. THE MEETING WAS RECONVENED INTO GENERAL SESSION. After some discussion, Councilman Linn made the motion to accept Mr. Montgomery's offer of $4, 000. 00 plus the right-of-way on Carrick Street immediately abutting Mr. Montgomery's property in exchange for the 255' x 40' right-of-way of Rossford Street. Councilman Dodd seconded the motion. The motion carried 4 to 1 with Councilmen Linn, Dodd, Johnson and Binford voting "aye", and with Councilman Quevreaux voting "may". Vol. 25, Page 135. AGENDA ITEM NO. 24. -ADJOURNMENT. A motion by Councilman Linn, a second by Councilman Binford, all voting "aye", adjourned the City Council meeting of July 19, 1976 at 9:55 p.m. . ay or George Gr' er 1 City Sec ary Vol. 25, Page 136.