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1977-04-18 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR. MEETING April 18, 1977 The following members of the City Council were present: Mayor George G. Grimmer Mayor Pro Te.m Bill Binford Councilmen: John Dodd Fred Johnson Gene Matthews -Arrived at 9:20 P.M. The following members of the City Council were absent: Councilmen: Ken Quevreaux Gene Matthews Councilmen Quevreaux's and Matthews' absence was recognized as an excused absence because they were out of town on business. Mayor Grimmer announced that Councilman Matthews plans to attend the meeting when he returns to the city. Councilman Matthews arrived at the meeting at 9:20 P.M.. The following members of the City Administration were present: City Manager Paul M. West City Attorney Ray Hutchison City Secretary J. W. Wade Director of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of April 4, 1977 to order at 7:30 p.m. . AGENDA ITEM NO. 1. -INVOCATION Councilman Johnson gave the invocation. DECLARING AN EMERGENCY. After some consideration, a motion by Councilman Dodd, a second by Council- man Johnson, all voting "aye", declared an emergency and placed the following item on the agenda: Agenda Item No. 17. A. -Consider Authorizing the City Manager to Hire Contractor to Repair Damage to Major Sewer Trunk Main. AGENDA ITEM NO. 2. -APPROVAL OF MINUTES - April 4, 1977 After some consideration, a motion by Councilman Binford, a second by Councilman Dodd, all voting "aye", approved the minutes as submitted of the City Council meeting of April 4, 1977. Vol. 27, Page 169. AGENDA ITEM NO. 3. -PRESENTATION OF CERTIFICATE FOR. HEROISM. Mayor Grimmer presented a certificate for heroism to 9 year old Patrick Mayes of 3640 Pine Valley for saving the life of 4 year old Debra Moore of 14506 Oakmont. Patrick endangered his life by jumping into swift moving water in a drainage ditch to save the life of Debra. The water forced the two through an 18" concrete drainage pipe which discharges into Rawhide Creek 225 feet from where they were drawn in. Patrick had Debra in his arms when they emptied out into the creek. Both received lacerations to their heads and scratches on their arms, but were not seriously hurt. AGENDA ITEM NO. 4. -CONSIDER. REQUEST OF THE CIVIC LEAGUE OF FARMERS BRANCH: a. Storage Room b. Cabinets Mayor Grimmer reported that the City received two letters of request from the Civic League of Farmers Branch. He explained that the Civic League in the past has contributed much in financing for furnishings for the City's community building. Again this ,year, the Civic League plans to donate items for the community building that will be purchased from a portion of the proceeds from the annual Civic League ball. Items considered for purchase are: tables and chairs for fifty people, 2 sets of dishes (1 for general use and 1 of fine china for formal usek and some fine crystal. One request from the Civic League is for the City to build a storage room on to the community building for the safekeeping of the tables and chairs that they the League propose to purchase. Mayor Grimmer explained that there are plans for the expansion of the community building for next year which does include a storage room. The expansion will be a request that is to be considered in the planning of the 1977-1978 budget. Mayor Grimmer stated that if a storage room is built on to the existing building at this time, it would have to be torn down and removed when the planned addition was added to the building. Mayor Grimmer stated several solutions, such as: store the items in the space existing at the community building; store the items at the recreation building; or, defer the purchase of the items until the next expansion to the building is completed. Mrs. Patti Parvin, President of the Civic League and club member Mrs. Peggy Bradford were present. Mrs. Parvin stated that the Civic League will defer the purchasing of the tables and chairs until the storage room is provided. Mayor Grimmer stated that the other request from the Civic League is for the construction of eye-level cabinets in the community building equipped with locks for the safekeeping of valuable items stored within. The cabinets are requested to be constructed to match the attractive under-counter cabinets already provided in the kitchen. The Civic League would like to have stored in these locked cabinets the dishes and crystal they plan to purchase. The Civic League desire to provide the funds for the construction of the cabinets and requests the City of Farmers Branch to have the work done. The Civic League also requests that a $100. 00 deposit be required for the use of the fine china that is to be Vol. 27, Page 170. purchased. Mrs. Parvin asked if the City of Farmers Branch will assume the responsibility of having a specified person or persons inspect the dishes, as well as the crystal, whenever they are used. After some discussion, a motion by Councilman Dodd, a second by Council- man Binford, all voting "aye", instructed the City Administration to arrange for cabinets as was done when the community building was built; to require a minimum $100. 00 deposit for the use of the fine china and crystal; and, that the City Administration establish procedures for checking or inspecting the china and crystal after they have been used. AGENDA ITEM NO. 5. -DISCUSS MALLON PARK. Mayor Grimmer stated that the Council had previously instructed the City Administration to re-examine the parking problem around Mallon Park. The City Administration presented several plans for the City Council to consider. Plan 13 was recommended. This plan will require the re-wording of existing signs so people not knowing the name of Mallon Park could understand them and to inform of parking facilities. The plan recommends the placing of two informational signs on Millwood and two informational signs on R.eedcroft; and, the placing of two more directional signs on Josey, one for northbound traffic and one for southbound traffic, prior to reaching Millwood for southbound traffic and prior to reaching R.eedcroft for northbound traffic. The plan recommends that an ordinance be adopted that would be applicable to Millwood and R.eedcroft only, which would prohibit parking on the residential side of the street within 5 feet of the residents' driveways. This 5 feet would be painted yellow and lettered with black letters stating, "No Parking". The complete length of R.eedcroft and Millwood would not have to be included, just those houses in the immediate vicinity of the park. The ordinance would provide that no parking would be permitted where curbs are so painted and lettered. After reviewing the possible plans submitted to the Council, a motion by Councilman Binford, a second by Councilman Johnson, all voting "aye", adopted the following captioned Ordinance No. 1137, that includes Plan #13 that was presented to the Council by the City Administration; AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ESTABLISHING NO PARKING ZONES ON R.EEDCR.OFT DRIVE BETWEEN JOSEY LANE AND BAY MEADOWS CIRCLE WHER.E- EVER. THE CURB IS PAINTED YELLOW AND MARKED WITH LETTERING IN BLACK "NO PARKING", AND ESTABLISHING NO PARKING ZONES ON MILLWOOD DRIVE BETWEEN JOSEY LANE AND FARMERS BRANCH LANE WHEREVER. THE CURB IS PAINTED YELLOW AND THE WORDS "NO PARKING" ARE PAINTED WITH BLACK LETTERS, MAKING IT UNLAWFUL FOR ANY PERSON TO STOP, STAND, OR. PARK ANY VEHICLE, EX- CEPT IN COMPLIANCE WITH THE LAW OR. THE DIRECTIONS OF ANY POLICE OFFICER; AUTHORIZING THE CITY MANAGER. OR. HIS AGENT TO PAINT AND LETTER. THE CURBS WHICH WILL PROHIBIT THE STOPPING, STANDING, OR PARKING ON THE ABOVE TWO NAMED STREETS, PROVIDING FOR A PENALTY NOT EXCEEDING $200.00 FOR. EACH OFFENSE AND DECLARING AN EMERGENCY. Vol. 27, Page 171. AGENDA ITEM NO. 6. -PUBLIC HEARING CONTINUED TO CONSIDER. REQUEST FOR. ELECTRICAL RATE INCREASE BY TEXAS POWER. & LIGHT COMPANY. City Attorney Ray Hutchison explained that this rate increase request was filed with the city in December, 1976 and all the timing limitations have lapsed. . Under the Public Utilities Act, if the City Council has not acted within 90 days from the date the increased rates were requested; then the rates requested would have gone into effect; treli .the utility is authorized to post a bond and implement the rates requested. Mr. Hutchison stated that unless the Council acts by April 25, 1977, then T. P. & L. can implement the rates under bond and later determinations could cause a refiling. Mr. Hutchison stated that T. P. & L, has represented to all of the cities that they do not intend to do that because of the pending rural rate case before the Public Utilities Commission. He stated that T. P. &L. has reported that they will not proceed with the establishments of any new rates within the cities until 30 days after the Public Utilities Commission hands down its decision which was expected last Friday. The Public Utilities Commission did not act because of the potential impact of the new National Energy Policy. It was hoped that a representative -.from T. P. & L. would be present where they could confirm that they would not implement the rates under bond, if the Council does not act by April 25, 1977. After some discussion, Councilman Dodd made a motion that the public hearing of the rate request of Texas Power and Light Company be contined until a Special Meeting of the City Council on April 25th. Councilman Johnson asked to amend the motion that the hearing be continued until April 25th unless the City receives a letter of assurance from Texas Power & Light Company that Texas Power & Light Company does not have the intention to place the rates proposed into effect under bond; and if the city receives the letter of intent then the hearing shall be continued until May 2. Councilman Dodd accepted the amendment. Councilman Johnson seconded the motion. The motion carried with all voting „aye,,. Vol. 27, Page 172. L~~ AGENDA ITEM NO. 7. -CONSIDER. REQUEST FOR. SITE PLAN APPROVAL. REQUESTED BY NORMAN PHILLIPS FOR. THE PROPERTY BOUNDED BY ROSSFOR.D ROAD, PIKE STREET, DENTON AND OAK STREET. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: Mr. Norman Phillips has submitted a site plan of the property bounded by Rossford Road, Pike Street, Denton Road and Oak Street. The property is located in PD-5(C) zoning district. The site plan proposes the location of two office /warehouse, masonry buildings on the pro- per ty. The Planning and Zoning Commission recommended that the site plan be approved, with the following conditions 1. Building #2 be turned 180° so that it will face Denton Road. 2. Building #2 be set back 22' from the Denton Drive property line to the sidewalk in front of the building. 3. The planters be properly landscaped and maintained. Mr. Norman Phillips and Mr. Jim Block, the contractor for Mr. Phillips, appeared before the Council in behalf of the request. Mr. Norman Phillips stated that the buildings would be used for his own contracting business. Mr. Norman Phillips stated that in designing his plans it was his understanding that Rossford Street is to be one of the major streets through this area. Mr. Phillips stated that in designing their plans, they preserved as much green area as they could but by donating 10' off the property for the widening of Rossford, two large trees would be Lost. Mr. Phillips stated that he would prefer that No. 2 building be faced as originally planned, on Rossford. After discussion by the Council on the recommendation of the Planning and Zoning Commission that Building #2 be s-6tback_ 22' from Denton Drive, Mr. Phillips pointed out that green areas and large trees would be lost if the 22' setback was required. Mr. Phillips stated that in Building No. 2 five overhead 10' x 10' doors are planned. "Mr. Phillips stated that the vehicles would be inside and the doors locked at night and when the business is not open. There was more discussion with Mr. Phillips on parking their vehicles within their property line. City Manager Paul West pointed out that it will be illegal to park vehicles out across the right-of-way line and block what would be the parkway area on the Denton Road side. After more discussion, a motion by Councilman Binford, a second by Council- man Johnson, all voting "aye", approved the site plan as requested by Mr. Phillips originally (without the restiction of a 22' setback), conditioned that the planters be properly landscaped and maintained. Vol. 27, Page 173. AGENDA ITEM NO. 8. -CONSIDER. REQUEST FOR CIVIC ANTI) PHILANTHROPIC USE. REQUESTED BY FARMERS BRANCH -CARROLLTON GIRLS SOFTBALL LEAGUE FOR. PLACEMEN'T' OF TEMPORARY CONCESSION? STAND AT COX PARK. Mr. Cliff Fielder, president of the Farmers Branch-Carrollton Girls Softball, presented a request for permission to place a temporary concession stand at Cox Park. The temporary concession stand would be used to sell soft drinks during the baseball season. The temporary concession stand would be placed April 30, 1977 and removed August 1, 1977. After some consideration, a motion by Councilman Binford, a second by Council- man Dodd, all voting "aye", adopted Resolution No. 77-018 twat grants the placing of the concession stand at Cox Park as requested bs the Girls Softball Association. AGENDA ITEM NO. 9. -DISCUSS TRAFFIC SIGNAL AT MID ~VAY ROAD AND SPRING VALLEY ROAD. City Manager Paul West stated that this item was brought back from the last Council meeting. He stated that the City's engineering department has discussed with the engineering department of Addison, the traffic problems at the intersection of Midway Road and Spring Valley Roads. Both departments have come to the same conclusion that no changes be made in the existing light until such time as the streets are widened and an eight- phase fully actuated traffic system can be installed. The cost of such a system would be approximately $25, 000. 00. Mr. West reported that any changes that would be made would have to be made by the City of Addison because of the intersection being in the city limits of Addison No action required, recommended or taken on this item. AGENDA ITEM NO. 10. -CONSIDER ADOPTING ORDINANCE NO. 1130, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CI`T'Y OF FARMERS BRANCH TO APPROVE A SPECIFIC USE PERMIT FOR DROVER. SMOKEHOUSE FOR. A PRIVATE CLUB. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: A public hearing was conducted on April 4, 1977 to consider the request of Drover Smokehouse for a specific use permit to operate a private club at 2361 Valwood Parkway, in a Light Industrial Zoning District. An amending ordinance, Ordinance No. 1135, has been prepared granting the specific use permit with three conditions. After some consideration, Councilman Johnson made a motion not to adopt Ordinance No. 1136 that grants the specific use permit to Drover Smokehouse. Councilman Dodd seconded the motion. The motion carried 2 to 1. The vote was: Councilmen Johnson and Dodd voting "aye", and Councilman Binford voting "nay". Vol. 27, Page 174. AGENDA ITEM NO. 11. -CONSIDER. STREET PLAN FOR. BR.OOKHAVEN HOSPITAL AREA. Councilman Dodd requested that this item be placed on the agenda. Councilman Dodd stated that he had been contacted by interested citizens who desired to appear before the Council and be heard on their views of the. thoroughfare plans for the Brookhaven Hospital area. Councilman Dodd stated that the group has a recommendation to present to the Council. The following citizens spoke: 1. Mr. Fernando Aguilar, 3647 Morningstar, representing a group of citizens in his residential area, requested the Council to rescind the present approved thoroughfare plan of extending Morningstar Lane. Mr. Aguilar stated that they were giving their support to the modification to the L. B. J. Freeway service road exit to provide needed access. 2. Mrs. Leona Stacy, 3407 Goldendale, opposed the extension of Morningstar. She stated she opposed living so close to a major thorough- fare that would go through a residential area. 3. Mr. Melvin A. Bailey, 3609 Janlyn, opposed the extension of Morningstar Lane. Mr. Bailey posed questions whether traffic surveys and projections had been made; whether a feasibility study of the project has been made; and whether a master Development plan was in existance which would indicate future traffic flows in and out of the complex. Mr. Bailey stated that if this thoroughfare plan is allowed there would be deter- ioration in the neighborhood. He stated that the streets were not designed for heavy traffic. He stated that this would be detrimental to the real estate in the area. Mr Bidiley read a letter from the Administrative Board from Chapel Hill United Methodist Church, opposing the Morningstar extension, and offering support to assist in seeking an alternate access route via L. B. J. Freeway. 4. Mrs. Sheryl Howerton, 3657 Morningstar, opposed the extension of Morningstar Lane stating that she did not want to raise their children on a busy street. She was in support of a service road off L. B. J. Freeway. 5. Mr. Phillip Smith, 12621 Sunglow Lane, opposed the Morningstar extension, stating he primarily objected because of the danger. the children would be in while playing. He stated the streets were narrow and not designed for heavy traffic. At this point in the meeting, the Farmers Branch Hospital Authority members were recognized and were asked to speak. The members present were, Steve Jordap, chairman of the Authority; Graham Bolton; Ray Flaherty, Kay Overcash, and O. J. Bejcek. Vol. 27, Page 175. Mr. Steve Jordan read a resolution that had been adopted by the Hospital Authority. The Authority resolved, that the Authority reaffirmed the thoroughfare plan now in existence as the most acceptable plan for the medical complex. Mr. Jordan displayed a rendition of the thoroughfare plan that is in affect at this time. Mr. Jordan stated that the plan that would provide the traffic only in'and off Webb Chapel, would not be acceptable to the Authority. Mr. Jordan pointed out on the map the property location of the hospital Authority and that of the Medical complex. There was discussion between the members of the City Council and Mr. Jordan concerning the exit proposed off L. B. J. Freeway. After much more discussion, Councilman Dodd made a motion to amend the present thoroughfare plan to deny any extension 60' east of the plat line of the existing drainage channel. Councilman Johnson seconded the motion. Councilman Matthews arrived at the meeting. The motion carried with the following vote : Councilmen Dodd, Johnson, and Binford voting "aye'', and Councilman Matthews abstained from voting because of not being present for the full discussion of the consideration. Mr. Aguilar presented petitions of approximately 200 signatures of citizens opposing the extension of Morningstar Lane. Vol. 27, page 176. AGENDA ITEM NO. 12. -CONSIDER FINAL PLAT APPROVAL OF BROOK- HAVEN MEDICAL CENTER., PHASE III, PROPERTY LOCATED AT WEBB CHAPEL AND L. B. J. FREEWAY, REQUESTED BY BR.OOKHAVEN MEDICAL SERVICES CORPORATION. Consideration of the final plat of Phase III of Brookhaven Medical Center was on the Council agenda of April 4, 1977. The item was tabled to allow additional information to be gathered. The amount of property owned by the Farmers Branch Hospital Authority has not been increased or decreased. The Hospital Authority property shown on Brookhaven Medical Center, Phase III plat is the same as that originally purchased by the Hospital Authority. Mr. Bill Hood representing the developer of Brookhaven Medical Services Corporation, was present in behalf of the request. After some consideration, a motion by Councilman Dodd, a second by Council- man Johnson, all voting "aye", approved the final plat for the professional buildings as requested by Brookhaven Medical Services Corporation AGENDA ITEM NO. 13. - CONSIDER. APPROPRIATING FUNDS RECEIVED BECAUSE OF SUCCESSFUL CONCLUSION OF TAX SUIT AGAINST IMPORTERS. The Council review several options that had been recommended for the appro- priation of $228, 590. 00 which is unappropriated funds from the successful conclusion of the tax suit against importers. Mayor Grimmer made a motion to Adopt Option No. 1 which provides the following: $115, 000 for Street Maintenance 2k, 600 for Library 781 990 for Park Improvements Councilman Binford seconded the motion. After further review, Councilman Binford withdrew his second to the motion. With more discussion by Mayor Grimmer on how badly the streets were in need of repair, Councilman Matthews -seconded the motion. The motion failed. The vote was: Councilman Matthews voting "aye", Council- men Dodd, Johnson and Binford voting "nay". After more consideration, Councilman Binford made a motion that_the unappro- priated $228, 590. 34 be allocated to: $120, 000 to Park Improvements, $25, 000 to Library fund, and the remaining $83,590. 34 be allocated to street maintenance, and that is with the intention of lighting one large ball field. Councilman Johnson seconded the motion. The motion carried 3 to 1. The vote was: Councilmen Binford, Johnson and Dodd voting "aye", and Councilman Matthews voting "nay". I Vol. 27, Page 177. AGENDA. ITEM NO. 14. CONSIDER. PASSAGE OF RESOLUTION IN SUPPORT OF A REVISED EFFLUENT LIMITATIONS FOR. CITY OF MESQUITE SEWAGE TREATMENT PLANT. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: The Texas Water Quality Board has issued a permit for a new treatment plant for the City of Mesquite. Very strict standards have been established for effluent from this plant. The Board agreed at the time the permit was issued to hold a second hearing to deter- mine if these standards are necessary. The hearing will be held in Grand Prairie at a date in May which has not yet been established. The Trinity River Authority is preparing material for presentation at that hearing. Supportive material from customer cities has-been requested. It is antici- pated that similar discharge limitations will be placed on other sewage treatment plants in the area if the proposed standards are allowed to stand for the Mesquite Treatment Plant. The exact cost of treatment to the pro- posed standards is not known since treatment to this level has not been required in the past. The Trinity River Authority is attempting to obtain cost estimates prior to the public hearing. These costs are known to be substantial. Their effect on our citizens, if adopted, will be felt to an unusual degree. This will be caused by the fact that we have not yet begun paying the increased cost resulting from the present sewage treatment plant improvement now under construction by the Trinity River Authority. After more discussion, a motion by Councilman Binford, a second by Council- man Dodd, all voting "aye", adopted Resolution No. 77-017 that supports a revised effluent limitations for City of Mesquite Sewerage Treatment Plant. AGENDA ITEM NO. 15,,. - CONSIDER. ORDINANCE NO. 1134-FIRE RESCUE AMBULANCE SERVICE AGREEMENT WITH COUNTY OF DALLAS. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: The proposed ordinance executes a one- year contract with Dallas County for answering ambulance calls in the County area adjoining our city limits on the west side of the Trinity River. The con- tract provides for paying the city $2, 500. 00, plus a pro-rata share of a $22, 500.00 County fund. The pro-rata share is based on the number of ambulance calls answered in the County area. Farmers Branch answered no calls in the County during 1976; therefore, we will receive a total of $2, 500.00 for 1976. After some consideration, a motion by Councilman Dodd, a second by Council- man Binford, all voting "aye", adopted the following captioned Ordinance No. 1134: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, APPROVING A. ONE YEAR. CONTRACT WITH DALLAS COUNTY TO FURNISH FIRE-RESCUE (AMBULANCE) PROTECTION IN THE UNINCOR.POR.ATED AREAS ADJOINING THE CORPORATE LIMITS OF THE CITY UPON TERMS AND CONDITIONS SET FORTH IN MINUTE ORDER. DULY PASSED BY THE COMMISSIONERS COURT OF DALLAS COUNTY AND AUTHORIZING THE CITY SEC- RETARY TO FILE CERTIFIED COPIES OF THE ORDINANCE WITH DESIGNATED OFFICIALS. Vol. 27, Page 178. AGENDA ITEM NO. 16. -CONSIDER. ORDINANCE NO. 1135-FIRE PRO- TECTION AGREEMENT WITH COUNTY OF DALLAS. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration : The proposed ordinance executes a contract with Dallas County for answering fire calls in the County area adjoining our city limits on the west side of the Trinity River. The contract provides for paying the city $3, 000. 00, plus a pro-rata share of an $18, 000. 00 County1falid. The pro-rata share is based on the number of calls answered in the County area. The City of Farmers Branch answered no calls in the County during 1976; therefore, we will receive a total $3, 000. 00 for 1976. After some consideration, a motion by Councilman Dodd, a second by Council- man Johnson, all voting "aye", adopted the following captioned Ordinance No. 1135: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, APPROVING A ONE YEAR. CONTRACT WITH DALLAS COUNTY TO FURNISH FIRE PROTECTION IN UNINCORPORATED AREAS ADJOINING THE CORPORATE LIMITS OF THE CITY UPON TERMS AND CONDITIONS SET FORTH IN MINUTE ORDER. DULY PASSED BY THE COMMISSIONERS COURT OF DALLAS COUNTY AND AUTHORIZING THE CITY SECRETARY TO FILE CERTIFIED COPIES OF THE ORDINANCE WITH DESIGNATED OFFICIALS. AGENDA ITEM NO. 17. -CONSIDER. APPOINTING VOTING REPRESENTATIVE FROM THE COUNCIL FOR. 1977-1978 TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS. After a brief discussion, a motion by Councilman Binford, a second by Council- man Johnson, all voting "aye", appointed Mayor Grimmer as the voting repre- sentative for the city to the North Central Texas Council of Governments for the year 1977-78. AGENDA ITEM NO. 17. A. -CONSIDER. AUTHORIZING THE CITY MANAGER TO HIRE CONTRACTOR. TO REPAIR. DAMAGE TO MAJOR. SEWER. TRUNK. MAIN. Mayor Grimmer gave the following information from a memo to the City Council from the City Administration: It was discovered April 7, 1977 that the Frisco Railway Company severely damaged the 18"trunk main when they were cleaning up after the derailment at Farmers Branch Creek. The City Administration requests authorization to hire a contractor to do the repair. The Railway Company has assured the. City'th5.t: the costs of the repair will be reimbursed by the company. After some discussion, a motion by Councilman Johnson, a second by Council- man Dodd, all voting "aye authorized the City Manager to hire a contractor to repair the damage to the sewer trunk main caused by the Frisco Railway Company, in recognitidn of the fact that a danger to the public health, safety and welfare of the citizens of Farmers Branch exits. Vol. 27, Page 179. 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 items as personnel matters, land acquisition and pending and contemplated litigation may be discussed in closed session. AGENDA ITEM NO. 18. -EXECUTIVE SESSION a. Discuss Personnel Matters Appointments to various advisory boards of the city were discussed. b. Discuss Pending and Contemplated Litigation City Manager Paul West discussed the contents of a letter from Attorney Frank Booth on the Water Rate Case, which included a copy of the final order entered by the Texas Water Rights Commission. c. Discuss Land Acquisition City Manager Paul West gave a report on various pieces of property in the city that the city might be of interest of obtaining for future use. THE MEETING RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. 19. - ACTION OF DISCUSSION OF PERSONNEL MATTERS DISCUSSED IN EXECUTIVE SESSION After some consideration, a motion by Councilman Johnson, a second by Council- man Dodd, all voting "aye appointed the following to the Planning and Zoning Commission: Douglas McNeill to serve as Place 6, and Robert Hoch to serve as Place 7, for a'three year term beginning May 20, 1977, conditioned upon the acceptance of the appointment. By their appointment, this removes them and creates a vacancy on the Zoning Board of Adjustment and Building Code Board of Appeals. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye4; appointed Florence Mason to serve as Place 5 and Nancy Farmer to serve as Place 6 on the Library Board. A motion by Councilman Binford, a second by Councilman Dodd, all voting "aye", appointed Carol Dingman to serve the unexpired term of Douglas McNeill, Norman Long to serve the unexpired term of Robert Hoch on the Zoning- Board of Adjustment and Building Code Board of Appeals. Councilman Johnson made a motion to appoint Ray Flaherty to serve another two year term on the Library Board. The motion died for the lack of a second. Vol. 27, Page 180. A motion by Councilman Dodd, a second by Councilman Binford, all voting "aye", tabled the appointment to Place 2 on the Library Board for further consideration and for the presence of a full Council. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", appointed Carl Skibell to serve as the City Municipal Court Judge for a one year term. AGENDA ITEM NO. 20. -ACTION OF DISCUSSION OF PY-NDING AND CONTEMPLATED LITIGATION. After some discussion, a motion by Councilman Johnson, a second by Council- man Dodd, all voting "aye", authorized the filing of the mcl-ion for rehearing and an appeal from the order entered by the Texas Water Rights Commission covering the following points: 1. Failure to use cash basis 2. Inclusion of reservoir reserve capacity allocation in rate base. 3. Inclusion of 26% allocation for distribution line cost allocation in rate base. 4. Inclusion of Palestine Reservoir costs in rate base. 5. Use of 6% rate of return. 6. Statutory interest rates AGENDA ITEM NO. 21. NO ACTION NECESSARY ON DISCUSSION OF LAND ACQUISITION. AGENDA ITEM NO. 22. -ADJOURNMENT. A motion by Councilman Binford, a second by Councilman Johnson, all voting "aye", adjourned the City Council meeting of April 18, 1977 at 11:30 p.m.. 'Zz Mayor City retary Vol. 27, Page 181..