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1973-12-17 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING December 17, 1973 All members of the City Council were present: Mayor George G. Grimmer Mayor Pro Tem W. R. Linn Councilmen: Ray Flaherty Bill McClung Ken Quevreaux Bill Binford Members of the City Administration present were: City Manager Paul M. West City Attorney Doug McCallon City Secretary J. W. Wade Director of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of December 17, 1973 to order at 7:30 P. M. . AGENDA ITEM NO. 1. - INVOCATION. Glenn Moore gave the invocation. AGENDA ITEM NO. 2. - APPROVAL OF MINUTES OF NOVEMBER 19, 1973. Upon a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", approved the minutes of the City Council meeting of November 19, 1973 as submitted. AGENDA ITEM NO. 3. - PRESENTATION OF SERVICE AWARD. Mayor Grimmer presented a five year service award to Barbara Hudson of the Utilities Department for her employment with the city. AGENDA ITEM NO. 4. - PRESENTATION OF IMAGE SURVEY OF THE CITY OF FARMERS BRANCH. Mr. Jim Moran, a developer and representative for a group of businessmen in Farmers Branch, explained that an image survey had been conducted to deter- mine from a business standpoint if there were any problems in the city, other than the normal competitive business situations. The study consisted of interviewing both business and residential people. Mr. Matt Mattingly of M. P. F. Research, who did the interviewing, explained how the survey was conducted. Mr. Moran and Mr. Mattingly presented the outcome of the image survey to the City Council. Page 771. SANTA CLAUSE ARRIVED AT THE CITY COUNCIL MEETING. AGENDA ITEM NO. 5. - PRESENTATION OF PLAQUE TO MAYOR GRIMMER FROM THE EXCHANGE CLUB BY MAYOR PRO TEM LINN. Mayor Pro Tem Linn presented to Mayor Grimmer a plaque from the Exchange Club that he had accepted in the Mayor's absence. The plaque was inscribed "Mayor George G. Grimmer for the service to the Community of Farmers Branch, Texas". AGENDA ITEM NO. 6. - PRESENTATION OF CERTIFICATE OF APPRECIATION TO MARK HOMER OF THE BOY SCOUTS. Mayor Grimmer presented a certificate of appreciation to Mark Homer, a Boy Scout, for conducting a survey of the city for the Recreation Center concerning the uses of the recreation center. AGENDA ITEM NO. 7. - PUBLIC HEARING: CONSIDER REQUEST FOR ZONE CHANGE FROM O) TO PD-(LR-2) ON THE FOLLOWING TRACT: BEING LOTS 1,2, 3, 4, 5 OF VALLEY VIEW ADDITION NO. I, AND SAID LOTS BEING BOUNDED ON THE NORTH BY VALLEY VIEW LANE, ON THE EAST BY TOM FIELD ROAD, AND THE SOUTH BY THE CENTER OF AN 11 FOOT UTILITY EASEMENT, AND ON THE WEST BY THE EAST PROPERTY LINE OF LOT 6. REQUESTED BY MR. AND MRS. WILLIAM M. DAVIS AND MR. AND MRS. C. M. GREGG, JR. Mayor Grimmer opened the public hearing for change of zoning as described in the above captioned. Mr. Bill Davis, 13507 Rawhide Parkway, Farmers Branch, presented the request for zone change from (O) to PD-(LR-2) on Lots I, 2, 3, 4 and 5 of Valley View Addition No. 1. He stated that his wife was not in attendance because of being ill and Mr. and Mrs. Gregg were unable to attend. Mr. Davis stated that he owned lots 4 and 5 which are presently zoned "Office", and that he has not had any requests for office space. He stated that he has had requests for small shops in the nature of ladies apparel, mens apparel, clock shop, etc. Mr. Davis explained that he had been unable to do anything with the property because of deed restrictions which are now removed. Mr. Davis asked that someone tell the audience exactly what PD-(LR-2) zoning permitted. Mayor Grimmer explained that PD meant Planned Development. City Attorney Doug McCallon I isted some of the uses permitted in LR (Local Retail) -2 from the Comprehensive Zoning Ordinance. There was discussion of whether or not service stations were allowed in LR-2. City Attorney McCallon stated that according to his zoning ordinance, which is an up-to-date ordinance, service stations were not allowed in LR-2. Mr. Davis stated that he had no intentions of putting in a service station. Councilman Linn asked Mr. Davis if he had any objections if the property was put in a LR-I zoning which is a more restrictive zoning? Mr. Davis replied that he had no objections. Page 772. Councilman McClung spoke in concern of what could be built on the property under the requested zoning if the property was sold to someone else at a later date. Mayor Grimmer asked if there was anyone else present to speak in favor of the request. No one spoke. Letters of approval of the request from Charles McKee of McKee Realtors, Inc., Dr. Dwight W. Heaberlin of Valley View Medical and Surgical Clinic, Don Ault of First American Corporation, and, Fred D. Moore of Brown and Moore Attorneys were presented. Mayor Grimmer asked if there was anyone present to speak in opposition of the request. The following spoke: Mr. R. E. Worley, 12821 Epps Field Road, stated the he did not live within the 200 feet boundary of the concerned property but wanted to voice objection to the zone change request. He stated that he preferred the zoning of the property to be residential instead of "Office"-as it is now. He stated he felt that a shopping center regardless of the type of businesses would encourage pressure on the homes in this area to go from private ownership to unproductive rent property. He objected to having to live close to a parking lot of a business. He objected to any more shopping areas close to his home. Mr. Jim Woodriff who lives across the street from Mr. Worley, objected to the retail zoning request because of traffic, noise and the down grading of the property located immediately behind the area in question. Mrs. Delbert Elmore, 12939 Epps Field, living directly behind property in question, stated that she did not want retail of any kind adjoining her property. She said she would be bothered with the traffic and trash coming from retail businesses. She suggested that Mr. Davis improve his property in order to keep it rented. She said that the gas needed fixing. Mr. W. L. Reeder, 12923 Epps Field, living directly behind Dallas North Realty, stated he feels that anything other than "Office" would detract from the neighborhood. There being no one else wishing to speak regarding the zone change request, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", closed the public hearing. Councilman Linn stated that he was in sympathy with the people who opposed the request but the Council should also keep in mind the letters from property owners with sizeable investments that stand in favor of the proposed change. After being asked how long had Mr. Davis owned his property, Mr. Davis said that he had owned one lot for ten years and the other one for about three years. Councilman Flaherty spoke in concern of the plumbing and gas needing repair as mentioned by one in the audience. Mr. Davis stated that he did have the gas meter taken out of one of the houses because of a leak. Page 773. There was discussion on the possibility of changing the request to PD-LR-I zoning by Council action. There was more discussion of whether or not service stations were allowed in PD-LR-2. City Attorney McCallon stated that under the zoning as it is now service stations were not allowed in LR-2. Councilman Binford asked how long had the deed restrictions been removed and how long had "office" zoning been advertised available. Mr. Davis stated that the deed restrictions had been removed a little over a year ago. He stated that he left a sign up in front of the property at least four months for office use and has had no response. Councilman McClung stated that he understood Mr. Davis' reasoning for wanting the change of zoning but as a Councilman could not see what advantage it will do for the city. He stated that he did not believe this to be an ideal situation for a retail operation. Councilman Linn stated that this was not a request for spot or strip zoning but a continuation of shops or businesses that are already along Valley View Lane. He discussed the letters from the property owners being in favor of the request. After more discussion, Councilman Linn made a motion that the request for zone change from "O" to "PD-LR-2" be changed to "PD-LR-I', and,that "PD-LR-I" zoning be placed on the property in question; and, that Ordinance No. 987 be adopted with the modification allowing the "PD-LR-1" zoning. Councilman Linn withdrew his motion for the lack of a second. Councilman McClung made a motion to deny the request for zone change as requested by Mr. Davis. Councilman Flaherty seconded the motion. The motion carried 4 to I with Councilmen McClung, Flaherty, Quevreaux and Binford voting "aye", and Councilman Linn voting "nay". AGENDA ITEM NO. 8. - PUBLIC HEARING: CONSIDER TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR FOUR GENERAL BUSINESS SIGNS IN A PD-14 (O), MF-2 ZONING. PROPERTY LOCATED ON THE NORTHWEST CORNER OF L.B.J. FREEWAY AND WEBB CHAPEL ROAD. REQUESTED BY SIGNA PROPERTIES. Mayor Grimmer opened the public hearing to consider to determine whether a Specific Use Permit should be issued for four general business signs in a PD-14 (O), MF-2 zoning on property located on the northwest corner of L.B.J. Freeway and Webb Chapel Road. Mr. Tom Ligon, representative from Signa Properties, the operators of Brookhaven Office Park at 3001 L.B.J. Freeway in Farmers Branch, presented a request for an identification sign to be placed in front of each of the four buildings in Brookhaven Office Park. He stated that at the present time there are no identification signs other than the temporary construction sign. Mr. Ligon pointed out on the blueprint copy of the signs that they will not be illuminated. Each sign will identify the building and the tenants within the building. The sign is made to be compatible with the building architecture. Mr. Ligon stated that tenants in the office complex have expressed the need for the identification signs. Mayor Grimmer stated that the Planning and Zoning Commission recommended that the request be approved. Page 774. Mayor Grimmer asked if there was anyone in the audience wishing to speak in favor of the request. No one else spoke. Mayor Grimmer asked if there was anyone in the audience wishing to speak opposing the request. No one spoke. A motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", closed the public hearing. After some discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", approved the request by adopting the following captioned ordinance number 986: AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR GENERAL BUSINESS SIGNS ON PRO- PERTY PRESENTLY ZONED PD-14 (O, MF-2); BEING A TRACT CONTAINING APPROXIMATELY 550,198 SQUARE FEET OF LAND OF THE BROO KHAVEN OFFICE PARK ADDITION, SAID TRACT BEING BOUNDED ON THE NORTH BY MAYBROOK DRIVE, ON THE EAST BY WEBB CHAPEL ROAD, ON THE SOUTH BY I.H. 635 AND ON THE WEST BY TREEVIEW LANE; AUTHORIZING SUCH PROPERTY BE ALLOWED FOUR GENERAL BUSINESS SIGNS; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 9. - PUBLIC HEARING: CONSIDER AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, SO AS TO PROVIDE THAT IN CASE OF A WRITTEN PROTEST AGAINST SUCH CHANGE, SIGNED BY THE OWNERS OF TWENTY 20 PERCENT OR MORE EITHER OF THE LOT AREA OF THE LOTS OR LAND IMMEDIATELY ADJOINING THE SAME AND EXTENDING 200 FEET THEREFROM SUCH AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE 3/4 OF ALL THE MEMBERS OF THE LEGISLATIVE BODY OF SUCH MUNICIPALITY, PROVIDING THAT ANY PROVISIONS OF THE COMPREHENSIVE ZONING ORDINANCE IN CONFLICT WITH THIS ORDINANCE SHALL BE INVALID; PROVIDING A PENALTY OF UP TO TWO HUNDRED $200.00 DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. Mayor Grimmer opened the public hearing to consider the proposed ordinance as described above. Mayor Grimmer asked if there was anyone present to speak in favor or in opposition to the proposed ordinance. No one spoke. Councilman Linn made a motion to close the public hearing. Councilman Binford seconded the motion. All voted "aye". The Council varified with the City Attorney that the wording in the proposed ordinance followed the State Law. Page 775. There was discussion of the possible reasons why the Planning and Zoning Commission recommended the ordinance not be adopted. After more discussion, a motion by Councilman Quevreaux, a second by Councilman Linn, all voting "aye", adopted the following captioned ordinance number 979: AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, SO AS TO PROVIDE THAT IN CASE OF A WRITTEN PROTEST AGAINST SUCH CHANGE, SIGNED BY THE OWNERS OF TWENTY (20) PERCENT OR MORE EITHER OF THE AREA OF THE LOTS OR LAND INCLUDING IN SUCH PRO- POSED CHANGE, OR OF THE LOTS OR LAND IMMEDIATELY ADJOINING THE SAME AND EXTENDING 200 FEET THEREFROM SUCH AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF 3/4 OF ALL THE MEMBERS OF THE LEGISLATIVE BODY OF SUCH MUNICI- PALITY, PROVIDING THAT ANY PROVISIONS OF THE COMPREHENSIVE ZONING ORDINANCE IN CONFLICT WITH THIS ORDINANCE SHALL BE INVALID; PROVIDING A PENALTY OF UP TO TWO HUNDRED ( $200.00) DOLLARS FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 10. - CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT FOR ADDITIONAL RIGHT OF WAY ON INWOOD ROAD. City Manage Paul West explained that the agreement presented with the St. Louis Southwestern Railway Company of Texas is an agreement whereby the City requested 20' additional right-of-way along Inwood Road on the east side north of Spring Valley Road. He stated that this is very similar to the agreement that was recently signed with the Railway Company covering that right-of-way on Inwood Road south of Spring Valley Road. He stated that the agreement presented is with the condition that the additional dedicated right-of-way will revert to the railroad in the event that it is used for other than street purposes and that the railroad would not be assessed for the cost of paving the east one-half of Inwood Road, adjacent to its remaining right-of-way. Mr. West stated he feels like the cost of the right-of-way would exceed the cost of the assessment . He stated he feels it is the best interest of the City to acquire this right-of-way for it would enhance this industrial area. After some discussion, a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", authorized the City Manager to execute an agreement with St. Louis Southwestern Railway Company of Texas for the additional right-of-way on Inwood Road as discussed. AGENDA ITEM NO. 11. - CONSIDER ORDINANCE NO. 985 - ESTABLISHING A SPEED ZONE ON LUNA ROAD. City Manager Paul West explained that neither Luna Road from Royal Lane to Valley View Lane, nor Wallace Road from Valley View Lane to Keenan Bridge Road presently have an ordinance setting speed limits, therefore, the speed limit as posted cannot be enforced. Mr. West presented an ordinance that had been prepared setting these speed limits. After some discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", adopted the following captioned ordinance number 985: Page 776. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ESTABLISHING A SPEED ZONE ON LUNA ROAD BETWEEN THE SOUTH RIGHT-OF-WAY LINE OF ROYAL LANE TO THE NORTH RIGHT-OF-WAY LINE OF VALLEY VIEW LANE; ESTABLISHING A SPEED ZONE ON WALLACE ROAD BETWEEN THE NORTH RIGHT-OF-WAY OF VALLEY VIEW LANE TO THE NORTH RIGHT- OF-WAY LINE OF KEENAN BRIDGE ROAD BOTH IN THE CITY OF FARMERS BRANCH, TEXAS; AND MAKING IT UNLAWFUL FOR ANY PERSON TO OPERATE ANY MOTOR VEHICLE ON SAID STREET AT A SPEED GREATER THAN FORTY-FIVE (45) MILES PER HOUR; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. 12.-CONSIDER AWARDING CONTRACT FOR THE FOLLOWING: a. Vehicles for the City City Manager Paul West stated that bids had been received for five police vehicles, two sedans, three 1/2 ton pick-ups and one I ton crew cab pick-up. He gave the following information: Only one bid was received on the automobiles and that was from Lee Jarmon Ford. Their price on the black and white automobiles is $93.98 more than they bid last year. The specifications were increase this year by adding steel belted radial tires. This additional feature will add approximately $70.00 per car, which means an increase in price of approximately $23.00 per vehicle. It is the recommendation of the City Administration to award the bids for the three 1/2 ton pick-ups and the one I ton crew cab pick-up to Lee Jarmon Ford for the total amount of $ 13,970.48. They were the low bidder on the 1/2 ton pick-up for the Police Department by $43.85 below International Harvester. International Harvester was the low bidder on the other three pick-ups by the total amount of $ 509.89. Lee Jarmon Ford specified 30-45 days delivery while International Harvester specified 120 day delivery. Although our experience with International Harvester has been on larger trucks, and not on the pick-ups, we have had very poor experience with them and have experienced difficulty in having repair work done when it becomes necessary to send the unit to the factory representative. Mr. West stated that it was the recommendation of the City Administration to award the contract for the vehicles to Lee Jarmon Ford in the amount of $ 414,052.99. After some discussion, a motion by Councilman Linn, a second by Councilman Flaherty, all voting "aye", awarded the contract to Lee Jarmon Ford for their bid on the city vehicles in the amount of $41,052.99, as recommended by the City Administration. b. Engine Analyzer City Manager Paul West stated that bids had been received for an engine analyzer. Three bids were received, one does not meet the specifications. Mr. West explained that this piece of equipment will be used in the Garage operations and will save time in locating engine problems as well as locating trouble spots when the engine is being tuned. Mr. West stated that it is the recommendation of the City Administration to award the contract for the engine analyzer to the low bidder meeting the specifications which is Sun Electric Corporation for the amount of $4,636.00. After some discussion, a motion by Councilman Binford, a second by Councilman McClung, all voting "aye", awarded the contract to Sun Electric Corporation in the amount of $ 4,636.00 for an engine analyzer. Page 777. c. Sanitation Containers City Manager Paul West stated that bids had been received for ten 6yard and ten 8 yard front loading sanitation containers. Reviewing the bids, Mr. West stated it was the recommendation of the City Administration to award the contract for the containers to the low bidder, Industrial Disposal in the amount of $5,869.00. After some discussion, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", awarded the contract forfen 6 yard and ten 8 yard front loading containers to Industrial Disposal in the amount of $5,869.00 with 30 day delivery time. d. Pump for Belt-Marsh Pump Station City Manager Paul West stated that bids had been received for a pump for the Belt-Marsh Pump Station. Only two of the seven quoted an acceptable time of delivery, Metro/Quip Company and Pierce Pump Company. These two were the second and third lowest bids. The Tait-AC pump quoted by Metro/Quip required a net positive suction head of about 26 feet. The Deming pump quoted by Pierce requires a net positive suction head of only 15 feet. The available net positive suction head available at low ground storage levels is about 29 feet, only 3 feet more than required by Tait pump. Mr. West stated it was the recommendation of the City Administration to award the contract to Pierce Pump Company for their bid of $4,155.00 and to be delivered within 84 days. After some discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", awarded the contract to Pierce Pump Company for a Deming pump with U.S. electric motor in the amount of $4,155.00 and to be delivered within 84 days, as recommended by the City Administration. e. Installation of Equipment at Belt-Marsh Pump Station City Manager Paul West stated that two bids had been received on the installation of equipment at the Belt-Marsh pump station. The low bidder S. H. Farquhar was for the amount of $20,309.78 with 45 days. The second bidder was Herschel James Construction Company in the amount of $27,650.00 with 60 days. Mr. West stated that considerations have been made for installation of automatic cut-off switches for each of the pumps at the Belt-Marsh pump station. These switches are not a part of this contract, but will be installed immediately following completion of the contract. Mr. West stated that it was the recommendation of the City Administration to award the contract to the low bidder. After some discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", awarded the contract to S. H. Farquhar in the amount of $20,309.78 with 45 days for the installation of equipment at the Belt-Marsh pump station. Page 778. f. Josey Lane Concrete Culvert at Villa Creek City Manager Paul West stated that four bids had been received for the installation of the Josey Lane concrete culvert at Villa Creek. Charles Cohen, Inc. was low bidder in the amount of $175,826.74 with 200 working days. The second low bidder was the Navarro Contracting Company in the amount of $179,043.30 with 160 working days. Mr. West stated that Brookhaven Office Park has given a letter of credit for their portion of this construction for $78,377.86. Mr. West stated that it was the recommendation of the City Administration to award the contract to the low bidder. After some discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", awarded the contract to Charles Cohen, Inc. in the amount of $175,826.74 with 200 working days for the installation of the Josey Lane concrete culvert at Villa Creek, as recommended by the City Administration. g. Materials for Johnston Park Water Main Replacement City Manager Paul West stated that four bids had been receive for the materials for the Johnston Park water main replacement project. Johns-Manville did not include the fittings; of the three other bidders, Bowles and Edens was low with a total bid of $44,542.34 which includes a 2% discount within 30 days of $ 909.03. Mr. West stated it was the recommendation of the City Administration to award the contract to the low bidder. After some discussion, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", awarded the contract to Bowles and Edens in the amount of $44,542.34 for the materials for the Johnston Park water main replacement project. AGENDA ITEM NO. 13. - CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE FOLLOWING: a. Park Vehicle City Manager Paul West stated it was the recommendation of the City Administration that the City Council authorize the advertisement for bids for a four-wheel turf vehicle to be used in the Park Department. He stated that this was included in the 73-74 budget. After some discussion, a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", authorized the City Administration to advertise for bids for a four-wheel turf vehicle for the Park Department. b. Refuse Sacks City Manager Paul West stated that the City Administration is recommending that the City Council authorize the advertisement for refuse sacks at this time because some suppliers have advised that the successful bidder will need to know nine months ahead of the delivery time. He said this would be for a one year's supply and should be delivered the first part of August. Page 779. Councilman Quevreaux asked if the city had a location where the city could store sacks if bought for three or four years supply to beat the rising cost. Mr. West stated that at this time the city had made arrangements for space in a building but the building is for sale and if sold the city would have to rent space somewhere. Mr. West stated that he would not advise keeping the sacks longer than one year because of the sacks becoming brittle. There was discussion of getting alternate bids for two years supply with staggering delivery times. After more discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", authorized the City Administration to advertise for bids on sacks. AGENDA ITEM NO. 14. - CONSIDER APPROVING PLANS AND SPECIFICATIONS AND PERMISSION TO ADVERTISE FOR BIDS FOR: a. Library City Manager Paul West stated that the building plans and specifications for the Walter E. Manske Memorial Library have been completed. The commencing of construction must be coordinated with the completion of the new fire station number 2. Mr. West stated that the City Administration would like the Council to approve the plans and specifications for the library and authorize the advertisement for bids. After some discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", approved the building plans and specification for the library and authorized the advertisement for bids. b. Paving of Valley View Lane from Webb Chapel Road to Templeton Trail City Manager Paul West stated that the plans and specifications for the construction of improvements of Valley View Lane from Webb Chapel Road to Templeton Trail have been completed. The project consists of the initial construction of a three span bridge across Farmers Branch Creek and paving of the east-bound lanes. The second phase of this project will be the construction of the west-bound lanes along the present section of Valley View Lane. Time for construction is estimated to be 10 to 12 months. Plans are to assess a portion of the cost against the abutting property. That amount to be determined by the Council at a later date. Mr. West displayed a drawing of the proposed plans and explained the plans. After some discussion, a motion by Councilman Linn, a second by Councilman Quevreaux, all voting "aye", approved the plans and specifications and authorized the advertisement for bids for improvements to Valley View Lane from Webb Chapel Road to Templeton Trail by adopting Resolution No. 73-048. Page 780. AGENDA ITEM NO. 15. - CONSIDER THE APPROPRIATION OF FUNDS FOR: a. Material for Don Showman Park City Manager Paul West stated that the appropriation of $1,300.00 is needed to complete purchasing materials for the wiring of the outside lighting for the combination parking lot and tennis courts at Don Showman Park. Mr. West stated that the City Administration recommends the Council to appropriate $1,300.00 from the Revenue Sharing Contingency Reserve Fund for the Showman Park lighting. After some discussion, a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", authorized the appropriation of $1,300.00 from the Revenue Sharing Contingency Reserve Fund for the Don Showman Park lighting as recommended by the City Administration. b. Athletic Field Lighting Time Clocks City Manager Paul West stated that there are problems of keeping the lights turned off on the athletic fields and tennis courts. Mr. West stated that the City Adminis- tration recommends the Council to appropriate $1,200.00 from the unappropriated reserve fund for the purchase of time clocks to be installed at the athletic fields. Mr. West explained that in one summer alone it would cost the city $1,400.00 for an employee to go by and remove the fuses from the switch boxes. Mr. West stated that the clocks can be readjusted for any time if needed. After some discussion, a motion by Councilman Binford, a second by Councilman Quevreaux, all voting "aye", authorized the appropriation of $ 1,200.00 from the unappropriated reserve fund for athletic field lighting time clocks. c. Gasoline Tank for Fire Station City Manager Paul West stated that it was the recommendation of the City Administration that the City Council authorize the appropriation of $5,000.00 from the unappropriated reserve fund for the purchase of a gasoline tank so that installation can be scheduled with activities of the building contractor at the new fire station. Mr. West explained of trying to get bids which were unsuccessful because the contractors that do this work will not post a performance payment bond in the contract. He said the city would have to buy the tank and do what work that can be done and then sub-contract out the pipe work. The tank will be an 8,000 gallon fiberglas tank guaranteed life of 20 years. He stated that the $5,000.00 will cover the cost of the tank and the installation of the piping. After some discussion, a motion by Councilman Flaherty, a second by Councilman Linn, all voting "aye", authorized the appropriation of $ 5,000.00 for the purchase and installation of a gasoline tank at the new fire station. d. Auxiliary Power Plant for Fire Station City Manager Paul West stated that it was the recommendation of the City Administration that the City Council authorize the appropriation of $1,200 from the unappropriated reserve fund for the purchase of an auxiliary power plant for the fire station. Mr. West explained that this item was an alternate bid in the original bids on the fire station but was not accepted because of the price being too high. Mr. West stated that this will be an emergency generator used for the operation of communication and lighting equipment at the fire station , and will be a natural gas driven generator. Page 781. After some discussion, a motion by Councilman Linn, a second by Councilman McClung, all voting "aye", authorized the Administration to appropriate $1,200.00 for the purchase of an auxiliary power plant. AGENDA ITEM NO. 16. - CITY MANAGER REPORTS. City Manager Paul West gave a report on the various happenings and projects within the departments of the city. OTHER COMMENTS . Mr. Ray Thacker, 14527 Tanglewood Drive, expressed his appreciation to the Council for their work and taking an interest in the City. Mr. Brad Moore of Central Bank and Trust Company, apologized for not being in attendance with the item of the presentation of the image survey was discussed. Mr. Moore stated that he hopes the suvey will be of some useful purpose. He introduced his son, Gary. EXECUTIVE SESSION. - AGENDA ITEM NO. 17. c. -3. Discuss Land Acquisition - Montgomery Property Mr. Carl B. Montgomery made statements to the Council of his belief that he owned property that is in the right-of-way for the proposed extension of Rossford Road. The area in question is a strip of land 200' x 40' and a strip of land 25' x 40'. Mayor Grimmer stated that it is the belief of the City Attorney that the 200' x 40' section of land is a street dedication, and that the 25' x 40' strip of land is still being investigated as to who owns it. City Attorney Doug McCallon stated that a title search had not been made to see who owns the 25' x 40' strip. City Manager Paul West assured that a title search would be made. There was discussion of Mr. Montgomery paying taxes on this property in question. Mr. Montgomery explained that he obtained the property by quit claim- deed when he bought the property from Guy Dennis whose father, J. I. Dennis, got it through quit claim deed from Ogden in 1919. There was more discussion of securing a title search on the 25' x 40' strip of land. a. Appointments to the Zoning Board of Adjustments and Building Board of Appeals After some consideration and discussion, a motion by Councilman Linn, a second by Councilman Binford, all voting "aye", appointed Tommy Lyon to serve Place I, Harold Womble to serve Place 3, and Ken Leckie to serve Place 5 on the Zoning Board of Adjustments and the Building Board of Appeals for a term of two years, conditioned upon their acceptance of the appointment. Page 782. b. Discuss Law Suits - Adler and Moore There was discussion of the possible suit against the City by Adler and Moore concerning the lake behind their homes which they claim is a drainage easement in need of cleaning up. City Manager Paul West gave an up to date report on the water rate case with the City of Dallas. City Manager gave an up to date report on the cases with Panasonic and Honda. City Attorney Doug. McCallon gave an up to date report on the Fite vs. Shahan case. c. Discuss Land Acquisition City Manager Paul West gave a status report on the right-of-way being acquired for the Valley View Lane improvements from Webb Chapel Road to Templeton Trail. c. -I. R. A. Endler Property City Manager Paul West stated that a condemnation Commissioners hearing had been held to consider the R. A. Endler property for right-of-way needed for the widening of Valley View Lane between Webb Chapel Road and Templeton Trail. The Commissioners awarded Mr. Endler $3,500.00 for this land. Mr. West reported that the city had received a call this date from Mr. Endler's attorney who advised that Mr. Endler would accept a settlement of $4,000.00 and no assessment for the right-of-way required from his property. Mr. West stated that they plan to appeal the Commissioners decision if this proposal is not acceptable. Mr. West stated that it is the recommendation of the City Administration that the Council accept the offer of $4,000.00 with no assessment. After some discussion, a motion by Councilman McClung, a second by Councilman Binford, all voting "aye", authorized to pay $4,000.00 to R. A. Endler for his property needed for right-of-way on Valley View Lane with no assessment. c.-2. R. L. Roberts Property City Manager Paul West reported that the Commissioners awarded the R. L. Roberts Estate $8,316.00 for the land the city condemned for right-of-way needed for the widening of Valley View Lane between Webb Chapel Road and Templeton Trail. Mr. West stated that in order to get possession of this property, the city needs to put into the court's register the amount of the Commissioners award. After some discussion, a motion by Councilman Quevreaux, a second by Councilman Binford, all voting "aye", authorized that $8,316.00 be placed into the Court's register for the R. L. Roberts property. OTHER DISCUSSION City Manager Pau West reported on the status of the Transporation Enterprise's situation for bus service in Farmers Branch to downtown Dallas. Page 783. AGENDA ITEM NO. 18. - ADJOURNMENT. Upon a motion by Co uncil_man Quevreaux, a second by Councilman McClung, all voting "aye", adjourned the City Council meeting of December 17, 1973 at 10:20 P.M. . M yor Borg G. rimmer City cretary J. W. Wade. 1 FJ, Page 784.