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1978-01-16 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING January 16, 1978 The following members of the City Council were present: Mayor George G. Grimmer Mayor Pro Tem Bill Binford Councilmen: John Dodd Fred Johnson The following members of the City Council were absent: Councilmen: Ken Quevreaux Gene Matthews The absence of Councilman Quevreaux and Matthews was recognized as an excused absence for they were out of the city on company business. The following members of the City Administration were present: City Manager Paul M. West City Attorney Rayford Price City Secretary J. W. Wade Director of Staff Services Glenn Moore Secretary Ruth Ann Parish Mayor Grimmer called the City Council meeting of January 16, 1978 to order at 7:30 P.M.. AGENDA ITEM NO. A-1 -INVOCATION J. W. Wade gave the invocation. REARRANGEMENT OF AGENDA ITEM AND DECLARING AN EMERGENCY FOR ITEMS TO BE PLACED ON THE AGENDA. A motion by ounce man Jo nson, a second by Councilman Dodd, all voting "aye", moved Agenda Item No. D.1 to be considered after Agenda Item No. C.6, making it C.6.a.; and declared an emergency to place the following on the agenda with designated numbers: -C.15 -Consider Request for Site Plan Approval for the Property Located at 2513 Valley View Lane and 13211 Bee Street. Requested by Bobby Hackler. -D.4 -Consider Ordinance No. 1178 Confirming Action in Adding Eighth Member to the Hospital Board of Directors. AGENDA ITEM NO. A.2 - APPROVAL OF MINUTES - December 19, 1978 A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", approved the minutes of the City Council meeting of December 19, 1978 after adding the corrective motion to Agenda Item C.1 to pages 89 and 89 that had been submitted after the minutes were typed. (Pages 89 and 89 were corrected in the minute book.) AGENDA ITEM NO. B.1 -CONSIDER ACCEPTANCE OF DONATION FOR ORAN GOOD PARK FROM ASSOCIATED SPORTS. Mrs. Betty Tatge from t e Associated Sports presented a check in the amount of $199.50 to the city for the purchase of silver maple trees to be planted parallel to Dennis Lane and adjacent to the 90' baseball diamond on Oran Good Park. Vol. 28, Page 101 After expressing appreciation to the Associated Sports organization, a motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", accepted the $199.50 donation for the purchase of trees for Oran Good Park. AGENDA ITEM NO. B.2 -CONSIDER ACCEPTANCE OF DONATION FOR THE COMMUNITY BUILDING FROM THE FARMERS BRANCH CIVIC LEAGUE. Mrs. Peggy Bradford of the Farmers Branch Civic League presented a donation of antique items to the City Council for use in the Settler's Cabin in the Community Building. A list presented to the Council contained some 43 items. After expressing appreciation to the Farmers Branch Civic League, a motion by Councilman Dodd, a second by Councilman Binford, all voting "aye", accepted the donation of antique items from the Farmers Branch Civic League for the Settler's Cabin in the Community Building. AGENDA ITEM NO. B.3 -PRESENTATION OF LIBRARY'S ANNUAL REPORT. The Library Sta presented t Fe Library's annual report by performing a puppet show. AGENDA ITEM NO. C.1 -PUBLIC HEARING: CONSIDER WHETHER A SPECIFIC After some discussion, a motion by Councilman Binford, a second by Councilman Johnson, all voting "aye", postponed the public hearing until the next Council meeting which will be February 6, 1978. AGENDA ITEM NO. C.2 -PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR A MR. GATTI S RESTAURANT TN A PT)-11L mF_ n RF.nTTF.STF.T) RY EXECUTIVE SYSTEMS INC . FOR TH: INTERSTATE HIGHWAY 635E. Mayor Grimmer state that the Planning and Zoning Commission has not taken any action on this consideration and continued the item until March 27, 1978. Therefore, without a recommendation from the Planning and Zoning Commission, the Council can not take any action on this matter. Councilman Dodd made a motion that the public hearing to consider whether a specific use permit be issued for a Mr. Gatti's Restaur- ant in a PD-14 (MF-2, 0) zoning district as requested by Executive Systems Inc. for the property located at the northwest corner of Treeview Lane and Interstate Highway 635E be postponed until April 3, 1978. Councilman Binford seconded the motion and all voted "aye". Vol. 28, Page 102 Mayor Grimmer stated that the Council could not take action on this consideration because there were only three Councilmen present and one Councilman has indicated that he is going to disqualify himself from voting on this matter. AGENDA ITEM NO. C.3 -PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR AN EL CHICO RESTAURANT IN A PD-1 MF-2, 0 ZONING DISTRICT. REQUESTED BY EXECUTIVE SYSTEMS INC. FOR THE PROPERTY LOCATED T THE NORTHWEST CORNER OF TREEVIEW LANE AND IH 5. Mayor Grimmer state that the Planning and Zoning Commission has not taken any action on this consideration and continued the item until March 27, 1978. Therefore, without a recommendation from the Planning and Zoning Commission, the Council can not take any action on this matter. Councilman Dodd made a motion that the public hearing to consider whether a specific use permit should be issued for an El Chico Restaurant in a PD-14 (MF-2, 0) zoning district as requested by Executive Systems, Inc. for the property located at the northwest corner of Treeview and IH635 be postponed until April 3, 1978. Councilman Binford seconded the motion and all voted "aye". AGENDA ITEM NO. C.4 -PUBLIC HEARING: TO DETERMINE WHETHER A SPECIFIC USE PERMIT SHOULD BE ISSUED FOR A PRIVATE CLUB IN A -88 CLUB INC. FOR THE PROPERTY LOCATED AT THE NUKEHWE511' WKLVEK Ur TREEVIEW LANE AND IH 5. Mayor Grimmer stated that the Planning and Zoning Commission has not taken any action on this consideration and continued the item until March 27, 1978. Therefore, without a recommendation from the Planning and Zoning Commission, the Council can not take any action on this matter. Councilman Dodd made a motion that the public hearing to consider whether a specific use permit should be issued for a private club in a PD-14 (MF-2, 0) Zoning District as requested by El Chico Restaurants - 88 Club Inc., for the property located at the north- west corner of Treeview Lane and IH635 be postponed until April 3, 1978. Councilman Binford seconded the motion and all voted "aye". AGENDA ITEM NO. C.5 -PUBLIC HEARING: TO DETERMINE WHETHER THE ZONING CLASSIFICATION SHOULD BE CHANGED FROM COMMERCIAL AND LIGHT INDUSTRIAL FOR THE PROPERTY BOUNDED ON THE NORTH BY VALLEY VIEW LANE, UN THE EAST BY STEMMONS IH E FREEWAY, N THE WEST BY THE C.R.I. P. RAILROAD, ON THE SOUTH BY THE SOUTHERN CITY LIMITS OF FARMERS BRANCH. Mayor Grimmer stated the Planning and Zoning Commission recommended that the subject property be rezoned to a planned development zoning district allowing light industrial uses. He further stated that the Council could not take any action on this mattter for there was not a sufficient number of Councilmen present to rezone the property. 20% of the property owners opposed the change of-coning and therefore in order to rezone the property it would take & fav5rable--Vote-of three-fourth--of all the members of the Council. Vol. 28, Page 103. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", continued the public hearing until February 6, 1978. AGENDA ITEM NO. C.6 - PUBLIC HEARING: TO CONSIDER REZONING THE PROPERTY LOCATED T THE SOUTHWEST CORNER OF THE INTERSECTION OF BELT LINE ROAD AND MARSH LANE FROM CURRENT ZONING OF LIGHT INDUS- TRIAL TO A NEW ZONING CLASSIFICATION OF PLANNED DEVELOPMENT ZONING DISTRICT ALLOWING LIGHT INDUSTRIAL USAGE, OR ANY OTHER ZONING DISTRICT CLASSIFICATION MORE RESTRICTIVE BY MEANS OF LAND USE OR HEIGHT. Mayor Grimmer opened the public hearing giving the following information from a memo to the City Council from the Administration: The vacant tract at the southeast corner of Marsh Lane and Belt Line Road is currently within a light industrial zoning district. The tract is approximately 5.6 acres in size. The property is a part of Brook- haven Business Park, Phase II. The property is bounded on the north by Belt Line Road, the east by Marsh Lane, the south by a drainage easement, and the west by a drainage and utility easement. The planned development zoning classification will require site plan approval prior to building permits being issued and will also give the city more control over appearance and development of the property. The Planning and Zoning Commission recommends that the property be zoned to a planned development district allowing light industrial uses. Mayor Grimmer stated that the city had received word that the pro- perty owner was in favor of the change of zoning. Mayor Grimmer asked if there was anyone present wishing to speak in favor of the change of zoning. No one spoke. Mayor Grimmer asked if there was anyone present wishing to speak in opposition of the change of zoning. No one spoke. A motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", closed the public hearing. A motion by Councilman Johnson, a second by Councilman Binford, all voting "aye", adopted the following captioned Ordinance No. 1177: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF THE TRACT OF LAND AT THE SOUTHWEST CORNER OF BELT LINE ROAD AND MARSH LANE FROM A ZONING CLASSIFICATION OF LIGHT INDUSTRIAL TO A ZONING CLASSIFICATION OF PLANNED DEVELOPMENT DISTRICT ALLOWING LIGHT INDUSTRIAL USES; ESTABLISHING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PRO- VIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY. Vol. 28, Page 104. ITEM NO. CHANGE FROM D.1 TO C.6.a -CONSIDER ORDINANCE NO. 1175 PROVIDING FOR A METHOD OF PAYMENT FOR A SEWER MAIN IN JOSEY LANE. Mayor Grimmer gave the following information from a memo to the Council from the Administration: The proposed Ordinance No. 1175 provides for the construction of a 12" sanitary sewer main to serve the unplatted property located east of Josey Lane, and north of Dennis Lane. The existing sanitary sewer main located in Cooks Creek which serves the property adjacent to this unplatted pro- perty, does not have sufficient capacity to adequately serve the sanitary sewer needs of this property. This ordinance provides that a sanitary sewer line assessment shall be determined by providing the total cost of construction of the sewer main, plus 10% engineering fee by the total square feet of the unplatted property. This amount of sanitary sewer assessment shall be payable to the City, before the final plat on any section of this unplatted property shall be approved. Councilman Dodd made a motion to table this consideration until the next meeting in order that all members of the Council would be present for this consideration. The motion died for the lack of a second. After some discussion of the members of the City Council with the City Manager concerning costs, location of installing the sewer main and the need for the main, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", adopted the following captioned Ordinance No. 1175: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FOR THE CONSTRUCTION OF A SANITARY SEWER MAIN TO SERVE THE UNPLATTED PROPERTY LOCATED EAST OF JOSEY LANE AND NORTH OF DENNIS LANE; PROVIDING FOR A METHOD OF CALCULATION AND PAYMENT BY THE COMMERCIAL PROPERTY OWNERS; PROVIDING FOR THE FILING OF THE TOTAL CONSTRUCTION COSTS; PROVIDING FOR NOTICE TO PROPERTY OWNERS; AND PROVIDING A SEVERABILITY CLAUSE. AGENDA ITEM NO. C.7 -CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED IN A PD-3 ZONING DISTRICT LOCATED ALONG THE 13900 BLOCK 0 JOSEY. REQUESTED BY THE POLAR BEAR ICE CRE vCity anager Paul West requested this item be postponed until the next Council meeting. He explained that he understood one of the Councilmen present was going to disqualify himself from voting on this matter, therefore there would not be enough Councilmen present to take any action. Councilman Dodd disqualified himself from voting on this matter because the people from Polar Bear Ice Cream Company were business clients of his and this could possibly present a conflict of interest for him. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", postponed the consideration of the request of Polar Bear Ice Cream Company for site plan approval on Josey Lane, until February 6, 1978. Vol. 28, Page 105. AGENDA ITEM NO. C.8 -CONSIDER REQUEST FOR RATE INCREASE BY THE TEXAS POWER & LIGHT COMPANY. Mr. Mike Arrington, District Manager for Texas Power and Light Company for the Farmers Branch area, presented some reasons for Texas Power and Light appearing before the City Council requesting a rate increase. He stated that Texas Power and Light Company has filed on December 21, 1977 with the cities and the Public Utilities Commission of Texas for a request for an overall increase of 18.4% which would provide $118M in annual revenues. He said the request is based on actual operations in the test year ending September 30, 1977. Mr. Arrington told of the need for the rate increase. He stated that the cost of fuel, construction of new plants, new money and the pollution equipment that must be installed in the power plants are the major factors for the request for a rate increase. Mr. Arrington stated that the increase will be applied to the rate only for the services rendered by Texas Power and Light. Mr. Arrington told of the lignite generating plants that are being constructed and of the costs of these plants. After some discussion between the members of the Council with Mr. Arrington, Councilman Johnson requested that the Council be given information from Texas Power and Light on a study of how many homes in Farmers Branch were in the 800 KWH per month; and how many homes were in the 1000KWH per month usage bracket, etc.. Also requested was information on the Kilowatt Hours used by the apartments in Farmers Branch. A proposed Resolution No. 78-001 was reviewed by the Council. This resolution suspends the Texas Power and Light rate increase for 120 days or until May 25, 1978. Without this extension Texas Power & Light could place the proposed rates in effect after January 25, 1978. This extension will allow sufficient time to study the merits of the information submitted by Texas Power and Light concerning the rate request. After more discussion, a motion by Councilman Binford, a second by Councilman Dodd, all voting "aye", adopted Resolution No.78-001 which suspends the proposed rate request of Texas Power and Light for 120 days. AGENDA ITEM NO. C.9 -CONSIDER SETTING PUBLIC HEARING DATE FOR THE TEXAS POWER AND LIGHT COMPANY'S REQUEST. A motion by Councilman Dodd, a second Ty Councilman Johnson, all voting "aye", set the date of February 20, 1978 as the public hearing date to consider the Texas Power and Light rate increase request. AGENDA ITEM NO. C.10 -CONSIDER JOINING TEXAS MUNICIPAL LEAGUE WITH REGARDS TO TEXAS POWER AND LIGHT COMPANY TS RATE INCREASE REQUEST. The City Administration recommended the Council to authorize the City Manager to join with Texas Municipal League and other cities with regards to the Texas Power and Light Company's rural rate case that is before the Public Utilities Commission. Touche Ross Vol. 28, Page 106. Company will serve as the rate consultant. Don Butler, TML Utility Counsel will serve as lead counsel in this effort. Texas Power and Light has indicated they will pay all reasonable cost of the consultant and counsel. After some discussion, a motion by Councilman Dodd, a second by Councilman Binford, all voting "aye", authorized the City Manager to join with the Texas Municipal League and other cities with regards to the Texas Power and Light rate request before the Public Utilities Commission. AGENDA ITEM NO. C.11 -CONSIDER REQUEST FOR RATE INCREASE BY THE LONE STAR GAS COMPANY Mr. Bill T ogmartin, General Manager of the Lone Star Gas Company for the Farmers Branch area, presented some reasons for the Lone Star Gas Company's appearing before the City Council requesting a rate increase. He stated that the Lone Star Gas Company has filed with the City of Farmers Branch an intent to change the rates in Farmers Branch effective February 4, 1978. He said the increase will be an increase of 15.46% in the gross earnings of the Lone Star Gas Company. He stated the increase is brought about solely in the cost of service. He stated that this is based on day to day operation cost in meter reading, collecting, repairing leaks, etc.. Mr. Thogmartin stated that there are 4 major changes in the rate request filed with the city. They are: (1) Minimum bill of first 1000 cubic feet usage is $4.00 -All customers will have the same rate; (2) Eliminate the prompt payment discount; (3) Increase connect charges from $7.50 to $20.00; and (4) Eliminate the provision of no minimum bill if no gas is used -(all will receive the $4.00 minimum bill whether gas is used or not.) A discussion was held between members of the Council and Mr. Thog- martin concerning fuel costs, cost of services and about the elimination of the prompt payment discount. Councilman Dodd stated that he would like to see a study of the breakdown per house hold and apartment usage like that asked of the Texas Power and Light Company. A proposed Resolution No. 78-002 was reviewed by the Council. This resolution suspends the Lone Star Gas Company's rate increase for 120 days or until May 21, 1978. Without this extension Lone Star Gas Company could place the proposed rates in effect after February 4, 1978. This extension will allow sufficient time to study the merits of the information submitted by Lone Star Gas concerning the rate request. After more discussion, a motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", adopted Resolution No. 78-002 which suspends the proposed rate request of the Lone Star Gas Company for 120 days. Vol. 28, Page 107. AGENDA ITEM NO. C.12 -CONSIDER SETTING PUBLIC HEARING DATE FOR THE LONE STAR GAS COMPANY'S REQUEST. motion by Councilman Dodd, a second by Councilman Binford, all voting "aye", set the date of February 20, 1978 as the public hearing date to consider the Lone Star Gas Company's rate increase request. AGENDA ITEM NO. C.13 -DISCUSS ACTIONS OF THE BUILDING CODE BOARD OF APPEALS AND ACTIONS OF CITY INSPECTORS. REQUESTED BY MR. JACK DELAPORTE. A ter some discussion, Councilman Johnson made a motion to limit Mr. Delaporte's discussion to the actions of the Building Code Board of Appeals; and that any complaints concerning the city personnel be taken up with the City Manager. Councilman Dodd seconded the motion, and all voted "aye". City Manager Paul West stated that he would like for Mr. Delaporte to follow the procedure of making a written complaint on city personnel to him, then he would reply to him in writing and if Mr. Delaporte was not satisfied with the City Manager's answer then he could appeal to the City Council in Executive Session under Personnel Matters. Mr. Jack Delaporte, owner of the Garden Station on Valwood Park- way, distributed a letter to the Council members that he had prepared on his attorney's stationery. The letter mentioned incidents where he had appeared before the Building Code Board of Appeals on various requests for variances from the city ordinances. Mr. Delaporte stated that he felt discriminated against on occasions when asked for variances before the Board and the request was denied, when a competitor next door to him was allowed the same variance. Mayor Grimmer stated that the Council does not have the authority to override the actions of the Building Code Board of Appeals. Mr. Delaporte was told by the Council that he should follow the procedure outlined by the City Manager on complaints on any city personnel. After Mr. Delaporte asked what he could do next, the Council sug- gested that he and his attorney could propose revisions to the city ordinances to accomplish the requests and submit them to the City Council for consideration. AGENDA ITEM NO. C.14 -CONSIDER REQUEST FOR REMOVAL OF LOT FROM THE FLOOD PLAIN. PROPERTY LOCATED ON WOOD NOR CIRCLE T This item was removed trom Blanton. BY MK. VHIL t9LANIUN. agenda at e request of Mr. Phil Vol. 28, Page 108. AGENDA ITEM NO. C.15 -CONSIDER REQUEST FOR SITE PLAN APPROVAL FOR THE PROPERTY LOCATED AT 2513 VALLEY VIEW LANE AND 13211 BEE STREET. REQUESTED BY BOBBY HACKLER. Revised site plans from site plans presented at the last Council meeting for 2513 Valley View Lane and for 13211 Bee Street submitted by Bobby Hackler were reviewed by the Council. The site plans show landscaping, traffic flow, parking arrangements, fencing and screening, refuse container locations, used parts storage locations, and a sign plan. Also submitted was a list of proposed costs for the improvements on the two properties. Mr. Hackler requested to change the site plan at 13211 Bee Street. Mr. Hackler would like to extend the fence approximately 10' toward Bee Street. All employee parking will be moved behind the fence. There will be no paved area between the fence and Bee Street. The fence will line up with the existing building located at the corner of Bee Street and Valley View. The City Administration recommends that this change be approved with the condition that Mr. Hackler revise his plan to show the change and submit it to the Building Inspection Division for filing and record keeping. Mr. Hackler stated that the driveways off Valley View Lane will be completely closed and the only entrance to his building on Valley View will be off Bee Street. He stated that there would be an entrance to the Bee Street property off Bee Street and off Elder Street. After some discussion, a motion by Councilman Binford, a second be Councilman Dodd, all voting "aye", approved the site plans submitted by Bobby Hackler for the properties of 2513 Valley View Lane and 13211 Bee Street, with the conditions that the driveways from Valley View into the property of 2513 Valley View Lane be removed and the curb extended across the driveway openings, and the area between the Bee Street curb and the property line of the property at 13211 Bee Street not be paved. AGENDA ITEM NO. D.1 WAS CHANGED TO C.6.a.(Page 105) AGENDA ITEM NO. D.2 -CONSIDER SECOND READING OF ORDINANCE NO. 1173 GRANTING FRANCHISE TO USE, OPERATE AND MAINTAIN OVERHEAD PASSAGE- WAY ACROSS A DEDICATED STREET RIGHT OF WAY TO FARMERS BRANCH HOSPITAL AUTHORITY, BR K EN MEDICAL PLAZA, INC. AND BR OK VEN MEDICAL SERVICES CORP. After some consideration, a motion by Councilman Johnson, a second by Councilman Binford, all voting "aye", adopted the following captioned Ordinance No. 1173 for the second and final reading in granting a franchise to use, operate and maintain an overhead passageway, across a dedicated street right-of-way by the Farmers Branch Hospital Authority, Brookhaven Medical Plaza, Inc., and Brookhaven Medical Service Corporation. Vol. 28, Page 109. AN ORDINANCE GRANTING A FRANCHISE TO USE, OPERATE AND MAINTAIN AN OVERHEAD PASSAGEWAY ACROSS A DEDICATED STREET RIGHT OF WAY TO FARMERS BRANCH HOSPITAL AUTHORITY, BROOK- HAVEN MEDICAL PLAZA, INC., AND BROOKHAVEN MEDICAL SERVICES CORPORATION, JOINTLY, FOR A TERM OF YEARS; PROVIDING RESTRIC- TIONS AND REQUIREMENTS; PROVIDING AN ANNUAL FEE; PROVIDING FOR REVOCATION AND TERMINATION; PROVIDING FOR A HOLD HARM- LESS AGREEMENT AND INSURANCE; PROVIDING FOR WRITTEN ACCEPTANCE BY THE GRANTEES; PROVIDING AN EFFECTIVE DATE. AGENDA ITEM NO. D.3 -CONSIDER ORDINANCE NO. 1176 PRESCRIBING RULES AND REGULATIONS FOR FIXING ELECTRIC AND GAS UTILITY RATES IN THE CITY. Mayor Grimmer gave the following information from a memo to the Council from the City Administration: Ordinance 1176 is being presented for consideration by the City Administration which requires Texas Power and Light Company and Lone Star Gas Company to file with the City of Farmers Branch separate data on their entire systems and local operations with regards to: plant and equipment; revenues; expenditures; class of customers; common equity; and, other data needed to determine rate of return within the City of Farmers Branch. Councilman Dodd made a motion to table the consideration of Ordinance No. 1176 and to request to the utility companies for the information outlined in the ordinance. The motion died for the lack of a second. Mr. Arrington of Texas Power and Light Company commented that he did not know how this information would be compiled or what method would be used in getting this information. Mr. Thogmartin of Lone Star Gas Company commented that Farmers Branch is in a system along with Carrollton and Addison and he did not know how the information would be put together by Lone Star Gas. After more discussion between the members of the Council and the City Attorney, a motion by Councilman Johnson, a second by Councilman Binford, all voting "aye", adopted the following captioned Ordinance No. 1176: AN ORDINANCE OF THE CITY OF FARMERS BRANCH; PRE- SCRIBING RULES AND REGULATIONS FOR FIXING ELECTRIC AND GAS UTILITY RATES IN THE CITY; PRESCRIBING RULES AND REGULATIONS GOVERNING COMMUNICATIONS BY OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF UTILITIES WITH CITY COUNCILMEN AND MEMBERS OF THE REGULATORY CHAIN; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE; DEFINING CERTAIN OFFENSES AND PROVIDING PENALTIES; AND PROVIDING FOR PUBLICATION. Vol. 28, Page 110. AGENDA ITEM NO. D.4 -CONSIDER ORDINANCE NO. 1178 CONFIRMING ACTION IN ADDING EIGHTH MEMBER TO THE HOSPITAL BOARD OF DIRECTORS. City Attorney Rayford Price stated that Ordinance No. 1178 is being presented for consideration that will confirm the appointment of the eighth member to the Hospital Board of Directors. He stated that when the eighth member was added, the ordinance adding the eighth member amended the ordinance making the other seven appoint- ments, instead of amending the ordinance creating the Authority. Councilman Dodd asked if the ordinance could be changed by inserting 9 instead of 8 for the number of members for the Board. Attorney Rayford Price stated that the consideration should not be changed to 9 because the wording on the agenda has 8. After more discussion, Councilman Johnson made a motion to adopt Ordinance No. 1178 that confirmed the action in adding the eighth member to the Hospital Board of Directors. Councilman Binford seconded the motion. The motion failed with Councilmen Johnson and Binford voting "aye", and Councilman Dodd voting "nay". Mayor Grimmer stated that the motion failed because since it was an ordinance it would take a majority of the full Council which would be 3 firmative votes to pass it. Mayor Grimmer stated that he believed that the Council could not take any action on this matter until the Hospital Authority Bond Indentures have been reviewed to see if a certain number for members was stipulated. AGENDA ITEM NO. E.1 -CONSIDER AWARDING THE BID FOR THE FOLLOWING ITEMS. a. Water Meters for the Utilities'Department The Council reviewed the three bids received for various sized new water meters. The bids are unit price bids on estimated quantities needed for one year. The Administration recommended that the bids be awarded separately for each type of meter. The total of the recommended awards are in the amount of $4,762.00 to Badger Meter Company, and $25,527.48 to Hersey Meter Company. After some consideration, a motion by Councilman Binford, a second by Councilman Dodd, all voting "aye", awarded the bid for the 4/8" x 3/4" meters to Badger Meter Company in the amount of $23.81 each for an estimated quantity of 200 meters; for an estimated quantity of 8 - 1" Disc meters in the amount of $65.22 per each meter to Hersey Meter Company; for an estimated quantity of 10 -1 1/2" Disc meters in the amount of $156.06 per each meter to Hersey Meter Company; for an estimated quantity of 3 -2" Disc meters in the amount of $224.04 per each meter to Hersey Meter Company; for an estimated quantity of 6- 2" Compound meters in the amount of $525.00 per each meter to Hersey Meter Company; for an estimated quantity of 1 - 4" Compound meter in the amount of $1,310.00 per each meter to Hersey Meter Company; for an esti- mated quantity of 7 - 6" D.C. meters in the amount of $875.00 per each meter to Hersey Meter Company; and for an estimated Vol. 28, Page 111. quantity of 2 - 8" D.C. meters in the amount of $1,349.00 per each meter to Hersey Meter Company; for an estimated quantity of 2 - 6" F.M.C.T. meters in the amount of $2,698.00 per each meter to Hersey Meter Company; for an estimated 1 8" F.M.C.T. meters in the amount of $4,094.00 per each meter to Hersey Meter Company . The total awarded to Badger Meter Company is $4,762.00; and the total awarded to Hersey Meter Company is $25,527.48. B. 12" Water Main Materials for Josey Lane and Inwood Road After some discussion, a motion by Co»ncilman Dodd, a second by Council- man Binford,"all voting "aye', rejected "all bids received for the 12" water main materials for the Josey Lane and Inwood Road projects and authorized the re-advertisement for bids. C. Storm Sewer Pipe for Josey Lane The Council reviewed the two bids received for the storm sewer materials for the Josey Lane widening project. The low bidder is Gifford-Hill and Company,,Inc. with a bid of $35.584.63. After some discussion, a motion by Councilman Bi.riford, a second by Councilman Johnson, all voting "aye", awarded the bid to Gifford- Hill and Company, Inc, in the amount of $35,584.63 for storm sewer materials for the Josey Lane widening project. d. 12" Sanitary Sewer Pipe for Josey Lane The Council reviewed the five bids received for 3250 linear feet of 12" sanitary sewer pipe for the Josey Lane widening project. This bid involved a base bid for 12 inch Vitrified Clay Pipe and an alternate bid for 12 inch PVC gravity sewer pipe. The low bidder on the base bid was Dickey Clay Company in the amount of $10,822.50. The low bidder on the alternate bid was Industrial International Inc. in the amount of $12,935.00. The Administration recommended that the award be presented to Industrial International Inc. in the amount of $12,935.00 as the lowest and best bid for the City. After some discussion, a motion by Councilman Binford, a second by Councilman Johnson, all voting "aye", awarded the bid to Industrial International Inc. in the amount of $12,935.00 for the 12" sanitary sewer pipe for the Josey Lane widening project. e. Telephone Switching Gear for Oran Good Park The Council reviewed the two bids received for a telephone switching gear system for the Oran Good Park ballfield lighting. The low bid was submitted by Thata Labs in the amount of $8,030.00. Mr. Floyd Brown, 13823 Braemar Drive, was present and questioned the operation of the equipment. After some discussion of the durability and operation of the equip- ment and plans for the installation of other fields, a motion by Councilman Binford, a second by Councilman Johnson, all voting "aye" awarded the bid for a telephone switching gear for Oran Good Park to Thata Labs in the amount of $8,030.00. Vol. 28, Page 112. f. Roofing for Paint Bay The Council reviewed the three bids received for the roofing of the paint bay at the service center. The low bid is the combination of Xrecice Roofing Company for the built-up roof in the amount of $1,705.00, and of Thomas Steel for the erection of steel decking in the amount of $1,075.00; for a total of $2,780.00. After some consideration, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", awarded the bid to Xrecice Roofing in the amount of $1,705.00 and to Thomas Steel in the amount of $1,075.00 for the roofing of the paint bay at the service center. g. Lighting Materials for Library Parking Lot. The Council reviewed the four bids received for lighting materials for the Library parking lot. The apparent low bidder is Gulf Coast Electrical Supply, but their delivery time is not acceptable. The Administration recommended the bid be awarded to Cummins Supply of Dallas in the amount of $5,500.86. After some consideration, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", awarded the bid to Cummins Supply of Dallas in the amount of $5,500.86 for the lighting mater- ials for the Library parking lot. h. Concrete for Street Repair The Council reviewed the two bids received for concrete for street repair. The low bidder was Custom Crete in the amount of $30.90 per cubic yard for a 6-month period. After some consideration, a motion by Councilman Johnson, a second by Councilman Binford, all voting "aye", awarded the bid to Custom Crete in the amount of $30.90 per cubic yard for a 6-month period which would amount to $61,800.00 for an estimated use of 2,000 cubic yards. i. Hot Mix Asphalt for the Street Division The Council reviewed the two bids received for asphalt for the Street Division. The low bidder was General Texas Asphalt Company at $12.75 per ton for Type "D" asphalt and $12.50 per ton for Type "A" asphalt. Prices are good for three months. This bid was received late in the mail, due to bad weather conditions. The Administration recommended the bid formalities be waived and award the bid to General Texas Asphalt Company. After some discussion, a motion by Councilman Binford, a second by Councilman Johnson, all voting "aye", waived the bid formalities due to bid being post marked within the time required but delivered late because of bad weather, and awarded the bid to General Texas Asphalt Company for asphalt Type "D" in the amount of $12.75 per ton, and for asphalt Type "A" in the amount of $12.50 per ton for a three month basis. Vol. 28, Page 113. j. Backfill Material for Water Line Replacement The Council reviewed the five bids received for backfill material for the Water Line Replacement program. The low bidder is Vulcan Materials Company for unit price of $3.57 per ton. This price includes a current freight rate of $2.62 per ton, and subject to increase; if approved by the Texas Railroad Commission. After some consideration, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", awarded the bid for the back- fill material for the Water Line Replacement program to Vulcan Materials Company for a unit price of $3.57 on a 3-month cost basis for an estimate quantity of 20,000 tons for a total amount of $71,400.00. k. Refuse Sacks for the Sanitation Division The Council reviewed the three bids received for refuse sacks for the Sanitation Division. The low bidder on the Alternate Bid No. 2 is St. Regis Corporation in the amount of $144.75 per thousand for a quantity of 1,300,000 sacks for a total amount of $188,175.00. Alternate No. 2 bid is the same as the base bid except shipment is to be split into 6 month deliveries of one-half the quantity each shipment. After some discussion, a motion by Councilman Johnson, a second by Councilman Dodd, all voting "aye", awarded the bid for 1,300,000 refuse sacks to St. Regis Corporation in the amount of $144.75 per thousand for a total amount of $188,175.00 to be shipped in two 6 month deliveries of one-half the quantity each shipment. AGENDA ITEM NO. E.2 -CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR TRANSIT MIX CONCRETE FOR THE STREET DIVISION. A motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", authorized the advertisement for bids for transit mix concrete to be used on the street paving projects. AGENDA ITEM NO. E.3 -CONSIDER AUTHORIZING THE CITY MANAGER TO SECURE PUBLIC OFFICIALS LIABILITY. The Council reviewed the two quotes for public officials liability coverage. This coverage is for wrongful acts. The low quote is from Unimark-McDonald, Inc. for an annual premium of $1,000,000.00 coverage for $3,137.00. The quote did include coverage for the Council, appointed board members, City Manager and all department heads except the Police Chief. Police Department coverage will be available by February 1, 1978. After some discussion, a motion by Councilman Dodd, a second by Councilman Johnson, all voting "aye", authorized the City Manager to secure public officials liability coverage from Unimark-McDonald, Inc. for an annual premium of $1,000,000 coverage for $3,137.00. OTHER COMMENTS Mr. A vin T omas, 2668 Leta Mae, told of an incident where he saw employees in trucks without stopping pass by two trees that had fallen off a truck. Mr. Floyd Brown, 13823 Braemar, made comments concerning the operations of the hospital. Vol. 28, Page 114. 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. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDED THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION, AND PENDING AND CONTEMPLATED LITIGA- TION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. F.1 -EXECUTIVE SESSION a. Discuss personnel Matters An appointment to the Hospital Board of Directors was discussed. An appointment to the Planning and Zoning Commission was discussed. b. Discuss Pending and Contemplated Litigation City Manager Paul West informed the Council of a possible lawsuit against the city involving a Mr. Gilbert Garza and one of the patrolman. c. Discuss Land Acquisition City Manager Paul West stated that his staff was still investigat- ing possible future landfill sites. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. F.2 -NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN EXECUTIVE SESSION. Councilman Dodd made a motion to appoint Floyd Brown to the Hospital Authority Board of Directors. Councilman Johnson seconded the motion. The motion failed because it takes three votes of the Council present for action. Councilmen Dodd and Johnson voted "aye", and Councilman Binford voted "nay". Councilman Binford stated he desired the appointment be filled when all members of the Council were present. A motion by Councilman Dodd, a second by Councilman Binford, all voting "aye", appointed Joe Koegler to serve an unexpired term, Place 7, on the Planning and Zoning Commission. The term is to expire May 5, 1980. AGENDA ITEMS F.3 AND F.4 There was no action nee e by the Council on items discussed in executive session on Pending and Contemplated Litigation and Land Acquisition. AGENDA ITEM NO. G.1 -ADJOURNMENT. A motion by Councilman Johnson, a second by Councilman Binford, all voting "aye", adjourned the City Council meeting of January 16, 1978 at 12:20 p.m.. W Mayor Ge rge immer Ci Secretary Vol.28, Page 115.