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1974-10-07 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING October 7, 1974 All members of the City Council were present: Mayor Mayor Pro Tem Councilmen: George G. Grimmer W. R. Linn Ray Flaherty Bill McClung Ken Quevreaux Bill Binford Members of the City Administration present were: City Manager Paul M. West City Secretary J. W. Wade Director of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of October 7, 1974 to order at 7:30 P. M. . After some consideration, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", declared an emergency and placed on the Agenda as Item 16. a. -Consider Accepting Right-of-Way for Midway Road from Mobil Oil Corporation; Item 16. b. -Discuss Addition of Change Order to Midway Paving Contract; Item 16. c. Consider Whether or Not to Have the Texas Utility Advisory Council to Represent the City of Farmers Branch Before the Texas Railroad Commission on October 17 and Sub- sequent Hearings; and, Item 17. c-Discuss Land Acquisition. DECLARING AN EMERGENCY ATION. After considering a request from Mr. Bill Benson, an architect, a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", moved Agenda Item 14. -CONSIDER BIDS FOR FURNISHINGS FOR THE NEW LIBRARY BUILDING, AND Agenda Item 15. -CONSIDER BIDS FOR CARPET FOR THE NEW LIBRARY BUILDING to Agenda Item 3. c. and 3. d. AGENDA ITEMS 14 AND 15 MOVED AS ITEMS 3. c. AND 3.d. FOR CONSIDER- Page 944. AGENDA ITEM NO. 2. APPROVAL OF MINUTES OF SEPTEMBER 24, 1974. After some consideration, a motion by Councilman Flaherty, a second by Councilman Quevreaux, all voting "aye", approved the minutes as submitted of the City Council meeting of September 24, 1974. AGENDA ITEM NO. 3. -PRESENTATION OF SERVICE AWARDS. Mayor Grimmer presented a ten year service award to Police Chief Roger Robbins and a five year service award to Tax Assessor and Collector Talmadge Waldrip for their employment with the city. AGENDA ITEM NO. 3. c. -CONSIDER BIDS FOR FURNISHINGS FOR THE NEW LIBRARY BUILDING. The City Council reviewed all bids received by the City on October 7, 1974 for furnishings for the new Library building. Mr. Bill Benson was in attendance for questions concerning the bids. Mr. Benson is the architect for the new library building and he gave the following recommendation; The metal shelving bid be awarded to Environ, Inc. in the amount of $19,470. 05, and, the Technical Equipment, furniture, and supplies bid be awarded to Cathey Office Supply in the amount of $39, 790. 78. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", awarded the contract to Environ, Inc. for metal shelving in the amount of $19, 470. 05, and awarded the contract to Cathey Office Supply for technical equipment, furniture and supplies in the amount of $39, 790. 78. AGENDA ITEM NO. 3. d. -CONSIDER BIDS FOR CARPET FOR THE NEW LIBRARY BUILDING. The City Council reviewed all bids received by the City on October 7, 1974 for furnishings for the new Library building. The low bid in the amount of $10, 775. 00 from Alpha/Omega was discussed and recommended by the City Administration. After more discussion, a motion by Councilman Binford, a second by Council- man Quevreaux, all voting "aye", awarded the contract to Alpha/Omega in the amount of $10, 775. 00 for carpet for the new library building. AGENDA ITEM NO. 4. -DISCUSS REQUEST FOR TRAFFIC CONTROL ON LONGMEADE DRIVE. Mayor Grimmer explained that this item for discussion came about from the last Council meeting when Mr. W. E. Waggoner, 3137 Longmeade, appeared before the Council requesting a traffic control plan to slow down traffic on Longmeade from Webb Chapel Road east to Golfing Green Drive. Page 945. City Manager Paul West stated that the Administration has investigated and studied this request and recommends that an additional speed limit sign be installed for east bound traffic between Emeline Drive and Webb Chapel Road, and an additional speed limit sign for west bound traffic be installed near the intersection of Challaburton Drive and Longmeade Drive; and increased enforcement of speed limits should be continued until the reported problem has diminished. After some discussion, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", accepted the recommendation of the Administration for the additional speed limit signs on Longmeade and increased enforcement be continued. AGENDA ITEM NO. 5. -DISCUSS COOKS CREEK DRAINAGE EASEMENT BETWEEN FYKE ROAD AND HOLLANDALE LANE. City Manager Paul West displayed views of cross sections of the middle of the channel on Cooks Creek between Fyke Road and Hollandale Lane. Renditions were displayed showing the existing condition with unlined channel excavation; with lined channel and excavation; and, with underground storm sewer and excavation. Mr. West gave the estimated costs for the following various designs; Unlined Channel Excavation $ 551000.00 Lined Channel and Excavation $ 130,000.00 Underground Storm Sewer and Excavation 520,000.00 1 Mr. West stated that the Administration has studied this situation and recommends that the channel just north of Hollandale be realigned for approximately 400' with the work being done by City forces and costing approximately $11,000.00. Mr. West.stated that with 'this, recommendation for improvements to this portion of the channel; it would eliminate the big bend close to the bridge which would line the channel so the water approaching the bridge would be at a 900 angle. He stated with the realignment of this area,-it will improve the lower stretches of the channel and with the filling of the old portion with the excavation done from the new channel. There was discussion of the problem mention at the last Council meeting of the water running off the streets west of Shoredale onto Shoredale. Mr. West stated that after studying this, improvements possibly could be made by enlarging and redesigning and remodeling the existing inlets so they will get the water flow,. -He stated that the Administration would like to study this further and come back to the Council for further consideration. There wcs discussion comparing the cost of $11,000.00 to the costs mentioned of the various designs as given by Mr. West above. There was discussion by the Council that this recommendation would help the problem. Mr. West mentioned that earthened channel5require a tremendous amount of maintenance. Page 946. There were men in the audience commenting on the maintenance problems they have with their property. There was discussion that anything, such as structures of any type, plantings, etc., that impedes the flow of water is prohibited in a drainage easement. After more discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", accepted the recommendation by the Administration and authorized the expenditure of $11,000.00 for the improvements to the drainage easement on Cooks Creek between Fyke Road and Hollandale as explained by the City Manager. AGENDA ITEM NO. 6.-CONSIDER STREET PLAN FOR AREA NORTH OF FARMERS BRANCH LANE, EAST OF BEE STREET TO FORD ROAD. City Manager Pau West gave the following information: On September 24, 1974, the Council instructed the Administration to prepare a street plan for the area north of Farmers Branch Lane and east of Bee Street to Ford Road. The street plan was completed on September 26, 1974 and the architect, Mr. Robert Troy, was contacted on September 27, 1974. It was requested that Mr. Troy and Mr. McKinnon meet with the Administration on September 30, 1974 to adjust the street plan slightly as might be more beneficial to Mr. McKinnon's property. In the afternoon of September 30, 1974, Mr. Troy asked that the street plan be mailed for their consideration. The street plan was mailed with a cover letter pointing out that any changes would need sufficient time for consideration before presentation to the City Council. On October 4, 1974, a letter was received from Mr. Troy stating Mr. McKinnon has decided not to proceed further with his plans at this time. Mr. West stated that in line with the Council's instructions, Bee Street is proposed to 60' right-of-way, Danny Lane proposed to 50' right-of-way extended to intersect with Bee Street, and Leta Mae Lane proposed to 50' right-of-way to intersect with Danny Lane. Renditions of the proposal were displayed. Mr. West stated that Mr. Truitt Good had been contacted on the proposal and he objected to the extension of Danny Lane through his property. Mr. West stated that Mr. Good opposed the extension of Ford Road to the north, also. The Council discussed that this proposal would not change anything of the present conditions but would be a p!an to work with in the future possible development of the area. Councilman Flaherty spoke in concern of the cost for the extension of Bee Street. Mr. West pointed out that this proposal does not extend north of Sable Street. Councilman McClung spoke in favor of extending Leta Mae Lane to Bee Street. Mrs. Inez Good, 2547 Farmers Branch Lane, opposed the proposal. She stated that Mr. McKinnon promised he would not put o street through this property when he bought it. Mr. Mack Spencer, 12629 Epps Field Road, spoke in favor of the proposal. Page 947. After more discussion, Councilman Binford made a motion adopting the proposal of extending Bee Street, extending Danny Lane to intersect with Bee Street, and extending Leta Mae Lane to intersect with Danny Lane, as the street plan for this area. Councilman McClung seconded the motion. The motion carried 4 to I with Councilmen Binford, McClung, Linn and Quevreaux voting "aye", and Councilman Flaherty voting "nay". AGENDA ITEM NO. 7.-PUBLIC HEARING: REBUILDING AND WIDENING OF PORTION OF INWOOD ROAD IN AN ASSESSMENT PROGRAM. Mayor Grimmer opened the public hearing to consider rebuilding and widening of a portion of Inwood Road in an assessment program. City Engineer; Al Peck explained the scope of the improvement as to the boundaries and type of improvements in this project. Appraiser Charles Marr testified as being a qualified land value appraiser in Dallas County and the City of Farmers Branch. Mr. Marr testified that he had investigated and studied the tracts which abutts the right-of-way of Inwood Road in this project and in his opinion the property on each of these lots and tracts will be enhanced and benefited by the amount of the assessment which is in accordance with Section 23-4 of the Code of Ordinances of the City of Farmers Branch. Mr. Marr testified that it was his opinion that the present assessement plan will equalize and balance the benefits of the improvements and burdens of the assessment among all the property { owners. Mayor Grimmer opened the hearing to the general public. The following spoke: Dr. D. E. Davenport, owner of property at 14111 and 14115 Inwood Road, spoke opposing the assessment on his property. He stated he felt the improvements should be included in a bond issue instead of being a burden to the abutting property owners. He s oke of having drainage problems on his property and that this will cause urtger damages. Ms. Mary Carter, owner of a tract of land involved, spoke opposing the , assessment on her property. She also stated that the improvements should be included in a bond issue. She felt the assessment was too high. She made the statement that she did not get garbage disposal service. With no other comments, a motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", closed the public hearing. After some Council discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "ayea", adopted the following captioned Ordinance No. 1031: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, LEVYING ASSESSMENTS AGAINST VARIOUS PERSONS AND THEIR REAL PROPERTY FOR THE PAYMENT OF A PART OF THE COSTS OF CONSTRUCTION FOR THE PAVING AND IMPROVE- MENTS OF INWOOD ROAD FROM APPROXIMATELY FORTY (40) FEET SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF SPRING VALLEY ROAD TO ITS NORTH CITY LIMIT LINE OF Page 948. THE CITY OF FARMERS BRANCH, TEXAS, AND INCLUDING THE INTERSECTION OF INWOOD AND ALPHA, PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND PAYABLE, THE RATE OF INTEREST, AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY AND MAKING SAID CHARGE A PERSONAL LIABILITY OF THE PROPERTY OWNERS OWNING PROPERTY ABUTTING ON SAID STREET; AND PROVIDING FOR THE COLLECTION THEREOF; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 8. -PUBLIC HEARING: REBUILDING AND WIDENING OF PORTION OF MIDWAY ROAD IN AN ASSESSMENT PROGRAM. Mayor Grimmer opened the public hearing to consider rebuilding and widening of a portion of Midway Road in an assessment program. City Engineer Al Peck explained the scope of improvement as to the boundaries and type of improvements in this project. Appraiser Charles Marr testified as being a qualified land value appraiser in Dallas County and the City of Farmers Branch. Mr. Marr testified that he had investigated and studied the tracts which. abutts the right-of-way of Midway Road in this project and in his opinion the property on each of these lots and tracts will be enhanced and benefited by the amount of the assessment which is in accordance with Section 23-4 of the Code of Ordinances of the City of Farmers Branch. Mr. Marr testified that it was his opinion that the present assessment plan will equalize and balance the benefits of the improvements and burdens of the assessment among all the property owners. Mayor Grimmer opened the hearing to the general public. The following spoke: Mr. Rick Pettus, with Horace D. Ainsworth owner of property located at 13608 and 13614 Midway Road, spoke opposing the assessment on Mr. Ainsworth's property. He inquired about the cost of the total project and the percentage of this cost being assessed to the property owners. He stated he felt the assessment should not have to be paid until the entire street is improved. Mr. Jim Moran and Mr. Henry Hoffman, representing Metropolitan Midway, 13500 Midway, commented that they were glad to see Midway paved but shocked to see the amount assessed. Mr. Moran inquired as to how the total figures for the cost of the project were determined, and under what terms was the cost to be paid. Mr. Moran requested the Council to consider that Midway was a major street and the entire area would be served by this street. Mr. Gill Thomas and Mr. Henry Billingsly, representing Trammell Crow Company owner of three tracts of land in this project, spoke opposing the assessment program for this project. They made statements concerning that Midway would not benefit their property for they could have access from L.B.J. rather than Midway Road; that the assessment is too high; that they have long term leases and will not be able to adjust their payments; that the property owners north of them would benefit more by improving the street; and, that perhaps this should be a bond issue. Page 949. Mr. Thomas requested that the records show that Trammell Crow Company did not receive any official notification of the consideration of widening Midway Road. With no other comments, a motion by Councilman Quevreaux, a second by Council- man McClung, all voting "aye", closed the public hearing. After some discussion on the requests the city had from various people in the area of Midway Road for the improvements to Midway Road, a motion by Councilman Flaherty, a second by Councilman Linn, all voting"aye", adopted the following captioned Ordinance No. 1032: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, LEVYING ASSESSMENTS AGAINST VARIOUS PERSONS AND THEIR REAL PROPERTY FOR THE PAYMENT OF A PART OF THE COSTS OF CONSTRUCTION FOR THE PAVING AND IMPROVE- MENTS OF THE NORTH BOUND LANES OF MIDWAY ROAD FROM McEWEN ROAD TO SIGMA ROAD; PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME DUE AND PAYABLE, THE RATE OF INTEREST, AND FIXING A CHARGE AND LIEN AGAINST SAID PROPERTY OWNERS OWNING PROPERTY ABUTTING ON SAID STREET; AND PROVIDING FOR THE COLLECTION THEREOF; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 9. -CONSIDER DEVELOPMENT PLAN FOR FARMERS BRANCH WORK CENTER. LOCATED ON THE NORTHWEST CORNER OF ROSSFORD AND JETT STREETS. REQUESTED BY SOUTHWESTERN BELL TELEPHONE COMPANY. The Council reviewed the request of Southwestern Bell Telephone Company for certain improvements to their property on the northwest corner of Rossford and Jett Streets. A rendition of the proposal was displayed. Mr. Bill Krieger of Raymond Goodson Engineers serving the Southwestern Bell Telephone Company was present and stated that the plan was for the purpose of having a work center for the installers. He stated that a building is planned with paved area for the vans of the installers. The Administration submitted exceptions that are noted on the development plan. (1) The drive in the southeast corner of the property needs to be located more westerly from the intersection of Rossford. (2) Additional 5' right-of-way needs to be provided adjacent to Jett Street for eventual 60' right-of-way. (3) Paving should not be within 2' of the west or north property lines without consent of the adjoining property owners. These three exceptions were discussed by the Council with Mr. Krieger. After more discussion, a motion by Councilman Binford, a second by Councilman Flaherty, all voting "aye", approved the general development plan of the Southwestern Bell Telephone Company on property located on the northwest corner of Rossford and Jett Streets, subject to the above conditions. Page 950. AGENDA ITEM NO. 10. - PUBLIC HEARING: CONSIDER AMENDING THE COMPREHENSIVE ZONING ORDINANCE F THE CITY OF FARMERS BRANCH BY DETERMINING THE APPROPRIATE USE CLASSIFICATION FOR MINi- WAREHOUSES AND TO CONSIDER AMENDING ARTICLE 8 OF THE CITY ZONING ORDINANCE BY DESIGNATING T HE ZONING DISTRICTS IN WHICH MINI-WAREHOUSE USES MAY BE LOCATED. Mayor Grimmer opened the public hearing to consider amending the Comprehensive Zoning Ordinance of the City of Farmers Branch by determining the appropriate use classification for mini-warehouses and to consider amending Article 8 of the City Zoning Ordinance by designating the Zoning Districts in which mini-warehouse uses may be located. Mayor Grimmer asked if there was anyone in the audience who wished to speak in favor or against this item. Mr. Mack Spencer asked what was the definition of a mini-warehouse? The Council explained that a mini-warehouse is a warehouse with small compartments that is used for storage, which are often used by apartment dwellers. With no other comments from the audience, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", closed the public hearing. The Planning and Zoning Commission recommended that mini-warehouse uses be allowed in heavy industrial zones only and be prohibited from all other zones of the city. Councilman Quevreaux opposed the allowance of the use within the city. After more discussion, Councilman Linn made a motion to adopt the following Caption Ordinance No. 1026: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH AS HERETOFORE AMENDED; BY AMENDING ARTICLE 8, SECTION 8-110, COMMERCIAL TYPE USES, BY DESIGNATING MINI-WAREHOUSES AS A PERMITTED USED IN HEAVY INDUSTRIAL ZONING DISTRICTS AND BEING PROHIBITED FROM ALL OTHER ZONING DISTRICTS; PROHIBITING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00); AND CREATING AN EMERGENCY. Councilman Flaherty seconded the motion. The motion carried 4 to I with Council- men Linn, Flaherty, McClung and Binford voting "aye", and Councilman Quevreaux voting "nay". a Page 951. l AGENDA ITEM NO. 11. - PUBLIC HEARING: CONSIDER AMENDING SECTION 8-IU4 OF THE CITY ZONING ORDINANCE SO AS TO REQUIRE A SPECIFIC USE PERMIT FOR OPERATION OF AN INDOOR COMMERCIAL AMUSEMENT USE IN A LOCAL RETAIL-2 ZONING DISTRICT. Mayor Grimmer opened the public hearing to consider amending Section 8-104 of the City Zoning Ordinance so as to require a specific use permit for operation of an indoor commercial amusement use in a Local Retail-2 Zoning District. Mayor Grimmer gave the following information: The City Zoning Ordinance currently allows indoor commercial amusement centers to be located in local Retail-2 and above zoni;ig districts. Many of these districts lie adjacent to residential areas. In order to control future locations of indoor commercial amusement uses, Ordinance No. 1022 is proposed. The Ordinance prohibits indoor commercial uses from Residential through Local Retail-I zoning districts, and would permit the use with a specific use permit in Local Retail-2 through Heavy Industrial zoning districts. Mayor Grimmer asked if there was anyone present to speak in favor or against this item. No one spoke. Councilman Linn made a motion to close the public hearing. Councilman Binford seconded the motion and all voted "aye". After some consideration, a motion by Councilman McClung, a second by Council- man Linn, all voting "aye", adopted the following captioned Ordinance No. 1027: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH AS HERETOFORE AMENDED; BY AMENDING ARTICLE 8, SECTION 8-104, RECREATIONAL AND ENTERTAINMENT USES, 50 AS TO DESIGNATE THAT COMMERCIAL AMUSEMENT (INDOOR) USES MAY BE APPROVED AS A SPECIFIC USE PERMIT IN LOCAL RETAIL -2, COMMERCIAL, LIGHT INDUSTRIAL, AND HEAVY INDUSTRIAL ZONING DISTRICTS, AND PLANNED DEVELOPMENT DISTRICTS ALLOWING LOCAL RETAIL-2, C, LI, AND HI USES AND BE PROHIBITED IN ALL SINGLE FAMILY, TWO-FAMILY, MULTIPLE-FAMILY, OFFICE AND LOCAL RETAIL ONE ZONING DISTRICTS; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS 200.00); AND CREATING AN EMERGENCY. AGENDA ITEM NO. 12. -CONSIDER ORDINANCE NO. 1033 REGULATION OF PINBALL MACHINES AND OTHER INDOOR AMUSEMENT DEVICES. City Manager Paul West explained that proposed Ordinance No. 1033 seeks to control and license the use of coin operated and non-coin operated amusement devices. It exempts certain musical and other vending machines. It exempts certain machines in private residences. This ordinance will require an owner to license any such machine in hid possession and additionally prohibits the use of such machines by persons under the age of 18. It also provides for revocation of a license and/or seizure of the machines when there is a violation of the ordinance. Additionally, it requires that all such machines be kept in plain view so that these machines may not be used for gambling activities. Page 952. After some discussion on the amount of the license fee, Councilman Quevreaux made a motion to change the fee from $50.00 to $100.00 as indicated on page 2, Section 4 of the proposed ordinance. Councilman McClung seconded the motion and all voted "aye". After the above was changed in the ordinance, a motion by Councilman Quevreaux, a second by Councilman McClung, all voted "aye", adopted the following captioned Ordinance No. 1033: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, REGULATING COIN OPERATED AND NON-COIN OPERATED AMUSEMENT DEVICES; DEFINING SUCH DEVICES; REQUIRING A LICENSE AND FEE FOR EACH SUCH DEVICE; PROVIDING FOR CONDITIONS FOR LICENSE; PROHIBITING PERSONS UNDER EIGHTEEN (18) YEARS FROM PLAYING SUCH DEVICES; PROVIDING FOR REVOCATION OF LICENSE; PROVIDING FOR SEIZURE OF SUCH DEVICES; PROVIDING THAT ALL SUCH DEVICES SHALL BE KEPT IN PLAIN VIEW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EMERGENCY CLAUSE. AGENDA ITEM NO. 13. - CONSIDER RESOLUTION NO. 74-037 AUTHORIZING FUNDS FOR PURCHASE OF RADIO EQUIPMENT FOR POLICE DEPARTMENT. City Manager Paul West explained that the purchase of $14,937.00 worth of radio equipment is possible because of funding grant from the Texas Criminal Justice Division. The City's share will be $3,941.84, ( City 25%, State 75%). Equipment is deemed necessary for upgrading of communications system involving "Inter-City" transmissions capability. After some discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", adopted Resolution No. 74-037 which authorizes funds for purchase of radio equipment for the Police Department. AGENDA ITEMS 14 AND 15 WERE CONSIDERED AS ITEMS 3.c. AND 3.d. AGENDA ITEM NO. 16. -CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR STREET AND PARK LIGHTS FOR THE VALLEY VIEW LANE PROJECT. City Manager Paul West stated that the Administration has considered the possibility of providing distinctive street lighting for portions of Valley View Lane adjacent to the park area between Brookhol low and Templeton Trail. He stated that preliminary planning is completed, which will provide for these street lights as well as certain lighting in the park area as needed. Mr. West recommended that authorization be given to advertise for bids on this street lighting and the portion of the park lighting necessary to illuminate the walkway which will be used by school children routed under the roadways upon completion of this project. These bids will be for materials to be installed with city forces and the estimated cost for these materials is $ 20,100.00. Page 953. After some discussion, a motion by Councilman McClung, a second by Council- man Linn, all voting "aye", authorized the Administration to advertise for bids for street and park lighting for the Valley View Lane project. AGENDA ITEM NO. 16.a. -CONSIDER ACCEPTING RIGHT-OF-WAY FOR MIDWAY ROAD FROM MOBIL OIL CORPORATION. City Manager Paul West explained that Mobil is dedicating the right-of-way easement along Midway Road adjacent to their property. He stated that they are making this dedication with the understanding that a change order will be issued to the existing Midway Road paving contract. This will add the paving abutting their property on Midway Road, with the exception of a small portion in the vicinity of the creek to allow for construction of a bridge under a separate and future contract. Mr. Dyke Day, a representative of Mobil Oil Corporation, was present and requested the city to put a bridge across the creek on Midway Road and north of Sigma Road. After some discussion, a motion by Councilman Quevreaux, a second by Councilman McClung, all voting "aye", authorized the acceptance of the right-of-way easement for Midway Road and authorized the City Manager to sign the easement. AGENDA ITEM NO. 16.b. -DISCUSS ADDITION OF CHANGE ORDER TO MIDWAY PAVING CONTRACT. City Manager Paul West gave the following information: Mobil Oil Corporation is anxious to pave the balance of Midway Road. Uvalde Construction Company the contractor on Midway Road has been contacted and agreed to except the change order adding the pavement along Mobil property under the same unit prices as the existing contract. Adding this change order to the contract will add approximately $220,000.00 and approximately $1601000.00 of that will be assessed to Mobil Oil, leaving a balance of approximately $601000.00 net cost to the City of Farmers Branch. This will include all of the paving along Midway Road abutting Mobil property except for a small portion in the vicinity of the bridge which will be needed during the construction of the bridge in the near future. After some discussion, a motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", authorized the City Manager to issue a change order to the Midway Road paving contract with Uvalde Construction Company, contingent upon the same unit prices as the existing contract. AGENDA ITEM NO. 16. c.-CONSIDER WHETHER OR NOT TO HAVE THE TEXAS UTILITY ADVISORY COUNCIL TO REPRESENT THE CITY OF FARMERS BRANCH BEFORE THE TEXAS RAILROAD COMMISSION ON OCTOBER 17 AND SUBSEQUENT HEARINGS. City Manager Paul West stated that the City has been requested by T.M.L. Texas Utility Advisory Council to let them know whether or not they can represent Farmers Branch before the Texas Railroad Commission hearings. Mr. West stated the Council is also requested to consider sharing the cost of representing the interest of the city. The cost not to exceed 5 ~ per meter. The estimated number of meters in the city is 7,296, and the meter cost not to exceed $364.80. Page 954. There was discussion of the City Manager finding out more information on this. After more discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, tabled this consideration for further information. The motion carried 4 to 1 with Councilmen Linn, Quevreaux, McClung and Binford voting "aye", and Councilman Flaherty voting "nay". AUDIENCE PARTICIPATION. Mr. Mack Spencer inquired about repairing Marsh Lane from Brookhaven Club Drive to Belt Line Road. He also inquired about the Denton Road bridges. MAYOR GRIMMER ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED AND THERE ARE ITEMS FOR DISCUSSION IN EXECUTIVE SESSION. Mayor Grimmer explained that Article 6252-17, Section 2 of the open meeting law provides items such as Personnel Matters, Pending and Comtemplated Litigation, and Land Acquisition to be discussed in closed session. AGENDA ITEM NO. 17. EXECUTIVE SESSION. a. Discuss Pending and Contemplated Litigation Attorney Ron Mankoff gave a status report on the city's law suit involving Matsushita Electronic and American Honda. b. Discuss Personnel Matters Appointment to the Zoning Board of Adjustment and Building Code Board of Appeals was discussed. Appointments to the Dangerous Building Board were discussed. c. Discuss Land Acquisition Additional Right-of-way for a bridge at Farmers Branch Creek on Midway Road was discussed. THE MEETING WAS OPENED BACK INTO GENERAL SESSION. Appointments to Various Boards. Councilman Quevreaux made a motion to appoint H. H. Harvey to serve the position of Alternate Place 2 on the Zoning Board of Adjustment and Building Code Board of Appeals for a term to expire December I, 1975, conditioned upon his acceptance. Councilman Binford seconded the motion. The motion carried 4 to I with Councilmen Quevreaux, Binford, McClung and Linn voting "aye", and Councilman Flaherty voting "nay". A motion by Councilman Linn, a second by Councilman McClung, all voting "aye", appointed Ken Wallace to serve the position of Alternate Place 1 on the Dangerous Building Board for a term to expire August 15, 1976. Page 955. Land Acquisition Consideration. After some discussion, Councilman Quevreaux made a motion to authorize the City Administration to negotiate with the property owner and offer 50~ a sq. ft. for the amount of approximately $ 2,000.00 for land needed for right-of-way for the construction of a bridge across Farmers Branch Creek on Midway Road. Councilman Linn seconded the motion. The motion carried 3 to 2 with Councilmen Quevreaux, Linn and McClung voting "aye", and Councilmen Flaherty and Binford voting "nay". AGENDA ?TEM NO. 18. ADJOURNMENT. A motion by Councilman McClung, a second by Councilman Quevreaux, all voting "aye", adjourned the City Council meeting of October 7, 1974 at 11:26 P.M. V" kwgz~.~~ M yor eorge rimmer 6J il,.~ Z ?!it ,Y/Secretary J. W. Wade Page 956.