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1979-10-01 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING OCTOBER 1, 1979 COUNCIL CHAMBER POLICE BUILDING The following members of the City Mayor Councilmen: The absence of Mayor Pro Tem Dodd was recognized and excused for he was away from-the city on-business. Council were present: Bill Binford Ken Quevreaux Fred Johnson Pat Haggerty Herb Weidinger The following member of the City Council was absent: Mayor Pro Tem John Dodd The following members of the City Administration were present: City Manager Paul M. West City Secretary J. W. Wade City Attorney John Boyle Recording Secretary Ruth Ann Parish Mayor Binford called the City Council meeting of October 1, 1979 to order at 7:30 P.M.. AGENDA ITEM NO. A.1-INVOCATION J. W. Wade gave the invocation. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES A motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye", approved the minutes of the City Council meeting of September 17, 1979 as submitted. A motion by Councilman Haggerty, a second by Councilman Johnson, all voting "aye", deferred the consideration of the minutes of the September 24, 1979 Special Meeting of the City Council until the next meeting. AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AVARDS. Mayor Binford presented a ten year service award to Talmadge Waldrip of the Tax Division and a fifteen year service award to Roger Robbins of the Police Department for their employment with the City. AGENDA ITEM NO. B.2-PRESENTATION OF BOARD APPLICATIONS TO COUNCIL. Mayor Binford explained that this item is placed on the agenda of each meeting in order to give anyone who would like to serve on an advisory board or commission an opportunity to meet and address the City Council. Vol. 32, Page 1. 0 Mr. Vernon Smith residing at 2715 Bay Meadows Circle in Farmers Branch, presented an application to the Council desiring to serve on the Zoning Board of Adjustments and Building Code Board of Appeals. (Arriving after discussion of Agenda Item No. C.3, Mr. Smith appeared before the Council to present his application. To keep the minutes in order his appearance is recognized at this point in the minutes.) Mayor Bin ford opened the public hearing giving the following information. Brookhaven Medical Center would like to erect a metal building in the parking lot east of the hospital. The building will be used to house the materials distribution depart- ment. The building will be 30' wide and 100' long. Brookhaven Medical Center states that the building will comply with all building codes of the City. The location of the building in the parking lot will reduce the number of parking spaces currently provided by 20 spaces. Due to the PD Zoning Classification, site plan approval is required before a building permit can be issued. Ordinance No. 996 requires the site plan be approved at a public hearing. Property owners within 200' of the sub- ject property have been notified of the request for site plan approval. The Planning and Zoning Commission recommended that the site plan be approved to allow the temporary building for a three year period only. Mayor Binford opened the public hearing to anyone in the audience wishing to speak on behalf of the request or in opposition to the request. The following spoke: Mr. Ray DeBlasi, representing Brookhaven Medical Center, spoke in behalf of the request for site plan approval. Mr. DeBlasi stated that the temporary building will be used for distribution of medical supplies. The temporary, building will provide needed space in the existing building. Mr. DeBlasi explained the pro- posed plans of relocating various departments to increase the utilization of the medical facilities. There being no one else wishing to speak, a motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", closed the public hearing. Discussions of various subjects were held between the members of the City Council, Mr. DeBlasi and Mr. Floyd Brown of 13823 Braemar Drive and a member of the Farmers Branch Hospital Authority Board of Directors. Vol. 32, Page 2. AGENDA ITEM NO. C.1-PUBLIC HEARING: CONSIDER REOUEST FOR SITE A discussion was held concerning the Hospital's original request to use the temporary building for five years instead of the three year period recommended by the Planning and Zoning Commission. Mr. DeBlasi explained hat five years would give them time to hopefully acquire the urrounding land and to finance and build a permanent building a the same location of the temporary building. A discussion was held concerning the loss of 20 parking spaces for the placement of the temporary building; and the plans for acquiring the vacant land south and east of the current parking lot of the hospital. Mr. Floyd I. Brown addressed the Council relating to the plans for acquiring the vacant land south and east of the hospital for expanding the facilities of the hospital. A discussion was held relating to the metal building meeting the city building codes. A discussion was held relating to the completion of negotiations for obtaining the additional property and then making the request.. Mr. Bob Lillian, representing Hawaiian Properties, owners of the medical office building south of the hospital, spoke against the request because of the loss of the 20 parking spaces. Mr. Lillian stated that employees of the hospital are currently parking on the parking lot of the medical office building. After more discussion of waiting for further development in securing the additional land, a motion by Councilman Johnson, a second by Councilman Haggerty, all voting "aye", denied the request for site plan approval as requested by Brookhaven Medical Center. AGENDA ITEM NO. C.2-CONSIDER REQUEST FOR SITE PLAN APPROVAL. REQUESTED BY CRAYCROFT LACY ARCHITECTS FOR THE PROPERTY LOCATED IN PD-21 MF-2 AND BOUNDED BY OAKBROOK PARKWAY, ENTERPRISE Mayor Binford gave the following information from a memo to the Council from the Administration: Craycroft-Lacy Architects has submitted a site plan for the 12.85 acre tract of land in the Oak- on-Brookhaven Development located north of Oakbrook Parkway, east of Enterprise Drive, and south of the Light Industiral Zoning District The property is zoned PD-21 which allows MF-2 or apartment uses. Site plan approval is required before building permits can be issued. The Planning and Zoning Commission recommends that the site plan be approved with the following conditions: 1. The density (208 vs. 206 units) is approved pending a study by the owner's engineer to determine the exact amount of land involved in the development. 2. An alternate plan from the 6' high masonry screening fence along the LI Zoning District be submitted for approval. Vol. 32, Page 3. 3. Concrete pavement be required unless an alternate pavement is submitted, supported by an engineer's soil study and approved by the Planning and Zoning Commission. 4. A landscape plan including planting, berms, and sprinkler system be submitted for approval. 5. Park jogging system be installed. Mr. Larry Lacy of C~aycroft-Lacy Architects and Mr. Jack Cook, a consulting engineer for the project, were present and presented the request for the site plan approval. Mr. Lacy addressed each condition recommended by the Planning and Zoning Commission. Response to the conditions is as follows: 1. Density - Developers desire the constuction of 208 units instead of 206 units. 2. Screening Fence - Architects desire to design something other than a brick fence and asked that a plan be brought back for consideration. 3. Concrete Paving - Engineer Mr. Cook explained plans of constructing 4" of asphalt for the parking area. 4. Landscape - Mr. Randy Breeley, representing the owner, explained that $120,000 to $130,000 is budgeted for landscaping the project. A plan will be submitted for approval. 5. Jogging System - This recommendation is acceptable to the developers and is to be installed at the same time as the project. A discussion was held between the members of the City Council, Mr. Lacy and Mr. Cook concerning the conditions of the recommenda- tions of the Planning and Zoning Commission. Items of concern were the desire of the developers to construct a fence of materials other than a brick fence; the construction of the parking lot with asphalt materials; and, of desired 208 units versus 206 units. Mr. Lacy and Mr. Cook requested the Council to grant them the -ability to construct 208 units rather than 206 units. Councilman Haggery made a motion to approve the site plan submitted by Craycroft-Lacy Architects as recommended by the Planning and Zoning Commission with the following conditions: 1. The density (208 vs. 206 units) is approved pending a study by the owner's engineer to determine the exact amount of land involved in the development. 2. An alternate plan from the 6' high masonry screening fence along the LI Zoning District be submitted for approval. 3. Concrete pavement be required unless an alternate pavement is submitted, supported by an engineer's soil study and approved by the Planning and Zoning Commission. Vol. 32, Page 4. 1 4. A landscape plan including.; planting, berms, and sprinkler system be submitted for approval. 5. Park Jogging system be installed. and, 6. The final plan be presented back to the Council for approval as well as the Planning and Zoning Commission. Councilman Johnson seconded the motion. Councilman Quevreaux asked to amend the motion to limit the number of units to 206. Councilman Haggerty and Councilman Johnson accepted the amend- ment. The motion and amendment carried with all voting "aye". AGENDA ITEM NO. C.3-CONSIDER REQUEST FOR SITE PLAN APPROVAL. METRO BLVD. BETWEEN VILLA CREEK DRIVE AND LBJ IN THE PD-L O,LI ZONING DISTRICT. Mayor Bin or gave the' following information from a memo to the Council from the City Administration: A ten story office tower with a three level parking garage is being proposed for a tract east of Metro Blvd. between the LBJ Service Road and Villa Creek Drive. The properties lie within PD-2(0,LI) Zoning District. Site plan approval is required before permits can be issued. The site plan has been submitted showing the building and parking structure locations, ground level parking areas, and areas to be landscaped. The Planning and Zoning Commission recommended that the site plan be approved. Mr. Steve Elliott of 12900 Preston Road in Dallas, representing the owner and developers of the property, was present in behalf of the request. Mr. Elliott displayed renditions of the pro- posal of the 200,000 sq. ft. ten story office building and parking facilities. The City Council disscused with Mr. Elliott its concern of the proposed elevation of the building in relation to the surrounding property of single family residents and apartment residents regarding the loss of privacy, sight pollution and added traffic to the area. The Council expressed a desire for a study showing the elevations of the 10 story building and the buildings of the surrounding properties. Mr. Elliott stated he could prepare a study of the building elevations of the area. Councilman Haggerty made a motion to approve the site plan as submitted by Mr. Elliott subject to the approval by the City Council of an elevation plan showing the impact of the building on the residential neighborhood. Councilman Johnson made a substitute motion tracking the same as Councilman Haggerty and adding that the single family Vol. 32, Page 5. residents south of Farmers Branch Creek be notified of this consideration. After some discussion of placing conditions on site plan approvals, Councilman Johnson withdrew his motion. Councilman Johnson made a motion to table this consideration until the next meeting. Councilman Weidinger seconded the motion and all voted "aye". [1 AGENDA ITEM NO. C.4-REOUEST FOR FINAL PLAT APPROVAL OF D. L. SWANSON ADDITION. Mayor Bin ord gave the following information from a memo to the City Council from the City Administration: This property is located on Valley View Lane in an 0 (Office) Zoning District. This site is being replatted in order to create a building site for a small office. This plat has been reviewed by the Engineering Division and Complies with all City Ordinances for final plat. The property is a 30 ft. wide by 156 ft. deep tract located on Valley View Lane west of Tom Field Road. The Planning and Zoning Commission recommended that the final plat be disapproved. No one was present in behalf of the request. After consideration, a motion by Councilman Quevreaux, a second by Councilman Johnson, all voting "aye", denied the request for a final plat for the D. L. Swanson Addition as recommended by the Planning and Zoning Commission. AGENDA ITEM NO. C.5-CONSIDER REQUEST FOR TEMPORARY USE OF CIVIC AND PHILANTHROPIC NATURE. REOUESTED BY BOY SCOUT TROOP NO. 3 . Mr. Joe Reynolds, Assistant Scout Master for Boy Scout Troop No. 34, presented a request for temporary Civic and Philanthropic Use to sell fertilizer as a fund raising project. The sale will be conducted in the parking lot of the Ridgeview Presbyterian Church at 12717 Marsh Lane. The sale will be conducted on Satur- day, October 6, 1979 from 8:00 A.M. to 5:00 P.M. Funds raised will bespent for replacing and new equipment for the scout troop. After some discussion, a motion by-Councilman Johnson, a second by Councilman Weidinger, all voting "aye", approved Resolution No. 79- 019 that permits Boy Scout Troop No. 34 to conduct a fertilizer sale on the parking lot of the Ridgeview Presbyterian Church on October 6, 1979 from 8:00 A.M. to 5:00 P.M.. AGENDA ITEM NO. C.6-CONSIDER REQUEST FOR TEMPORARY USE OF CIVIC AND PHILANTHROPIC NATURE. REQUESTED BY DALLAS BICYCLE RACING CLUB. Mr. Bill Wymond, President of the Dallas Bicycle Racing Club, presented a request for temporary Civic and Philanthropic Use to conduct a bicycle race in Farmers Branch on October 21, 1979. The race will be conducted on Gardenbrook Drive, Oakbrook Parkway, and Enterprise Drive. The race will be conducted on Vol. 32, Page 6. Saturday, October 21, 1979 between the hours of 8:30 A.M. and 3:30 P.M.. One-half of each of these streets will be closed to vehicular traffic so that the race can be conducted. The race is to be held under the rules and sanction of the United States Cycling Federation, Inc., which is a member of the National and International Olympic and Cycling Committees. Races will be held in all age groups from 8 years and up. Mr. Wymond also requested permission to conduct roller skating races. After some consideration, a motion by Councilman Haggerty, a second by Councilman Weidinger, all voting "aye", adopted Resolution No. 79-020 that permits the Dallas Bicycle Racing Club to conduct a bicycle race on October 21, 1979 in Farmers Branch. AGENDA ITEM NO. C.7-CONSIDER REQUEST FROM DAON CORPORATION FOR APPROVAL OF PROPOSED DRAINAGE IMPROVEMENTS IN THE CITY OF FARMERS BRANCH SERVING THE QUORUM DEVELOPMENT. Information given to the City Council is as follows: Daon Corporation and Luedtke, Aldridge, Pendleton are the developers of The Quorum, an office/hotel development located in the City of Addison. Approximately one-half of this land drains naturally toward the south into Farmers Branch. The drainage presently runs through a ditch along the Cotton Belt Railroad to a box culvert under Spring Valley Road. Daon is proposing to construct an underground storm sewer along most of the length of the existing ditch. This storm sewer starts as a 36" line in Addison, increasing to 72" in Farmers Branch. At a point approximately 1,100 feet north of Spring Valley, it is proposed that the drainage flow into an improved open channel. Daon Corporation is proposing to landscape the area at Spring Valley Road in order that the open channel not be exposed to view. The City Engineering Division has reviewed the proposed plans. It was found that both proposed improvements and existing downstream structures in this vicinity are adequate to handle runoff. Mr. Jerry Pendleton, representing Daon Corporation, was present and presented a request to make improvements to the drainage channel of an underground storm sewer along the existing ditch and along the Cotten Belt Railroad. Mr. Pendleton described the improvements which are described in the above paragraph. A discussion was held between the members of the City Council and the City Attorney regarding the question of maintenance responsibility. Mr. Boyle explained that if the city approved a drainage plan and improvements made then the City would have the responsibility for the consequences of the water flowing through there in the event there were any damages or erosion. There was discussion regarding the Railroad Company agreeing to use their land for this drainage proposal. Mr. Pendleton explained that they understand the Railroad Company would Vol. 32, Page 7. submit an easement to the city once this proposal is approved. City Manager Paul West stated that it was not customary to enter into an agreement without knowing what the agreement contained. Mr. West requested that the Administration be given the chance to reviUwvwhat the Railroad Company comes up with and see what, if any, problems may exist. Councilman Haggerty made a motion to table this request until any agreement submitted can be studied. Councilman Weidinger seconded the motion-and all voted "aye". AGENDA ITEM NO. C.8-DISCUSS GENERAL DEVELOPMENT PLAN FOR VALWOOD PARK. Mr. Ron Richards, representing the Hunt Corporation, presented a request for approval of a general development plan for Valwood Park. Valwood Park is a proposed Industrial Park with most of of the property located west of the Chicago, Rock Island and Pacific Railroad and north of Cooks Creek with the City of Farmers Branch. The property is located within a PD-22 (LI) Zoning District. The property is being developed to incorporate industrial buildings, warehouses, and office/showroom buildings into the large industrial park. Mr. Richards explained that the street plan in the proposed Valwood Park development varied from the City's Thoroughfare plan. The Thoroughfare Plan for PD-22 establishes Senlac Drive as a 6 lane thoroughfare from Valwood Parkway south. The develop- ment plan proposes Senlac Drive as a 4 lane divided roadway which extends over Cooks Creek. Also, the development plan proposes that Hutton Drive be extended across Cooks Creek as a 4 lane divided roadway, tieing into Alfred Circle and connecting to Valley View Lane. The developer proposes to construct the Hutton Drive bridge over Cooks Creek and share in the cost of the Senlac Drive bridge over Cooks Creek. The Thoroughfare plan calls for only one bridge across Cooks Creek and that bridge was to be located on Senlac Drive. After a more detailed description of the development plans, Mr. Richards requested a public hearing be called to consider amending the Thoroughfare Plan for the Valwood Park Development. A lengthy discussion was held between members of the City Council, Mr. Richards and City Manager Mr. West relating to the information supplied in a memo from the City Administration on recommendations for clarification on certain aspects in the development plans. After more discussion relating to the Senlac Drive and Hutton Drive bridge construction plans and the requested changes in the Thoroughfare Plans, a motion by Councilman Johnson, a second by Councilman Weidinger, all voting "aye", set the date of October 15, 1979 as a public hearing date to consider amending the Thorough- fare Plan in the proposed Valwood Park Development. Vol. 32, Page 8. AGENDA ITEM NO. C.9-DISCUSS DAM ON FARMERS BRANCH CREEK AT MARSH LANE. Mayor Binford gave the following information from a memo to the Councilman from the City Administration: With the construction of the new bridge on Marsh Lane, it will be necessary to remove the existing dam on Farmers Branch Creek. The new bridge will be located directly over the existing dam, and bridge piers must be drilled through this area. Mayor Binford described the following four alternate locations for replacing the dam as prepared by the City Administration: #1. Place dam approximately 60' downstream from the existing bridge on Marsh Lane #2. Place dam just west of the existing bridge on Marsh Lane. #3. Place dam approximately 90' upstream from the existing dam. #4. Place dam approximately 230' upstream from the existing dam. City Manager Paul West explained the disadvantages of the alternates for replacing the dam. Mayor Binford suggested that an alternate number 5 could be not to replace the dam at all. The Council agreed that this should be a Number 5 alternate. The City Council discussed their desire of informing all the citizens in the Wooded Creek area of the alternate suggestions for replacing the dam. Mr. Bill Glancy, 3808 Wooded Creek, spoke in favor of notifying the citizens in that area of the alternates and costs of replacing the dam. The members of the Council requested from the Administraion information concerning the effects of flood plain elevations on the surrounding property if the dam was not replaced and what it would take to get the property out of the flood plain designation. Mr. Al Korioth, 2772 Bay Meadows, reminded the City Council of a dam at Mallon Park that does not have access for maintaining it. After more discussion of liability and responsibility of maintaining a dam, Councilman Quevreaux made a motion that the City Administration prepare documents describing the alternates for replacing the dam, and mail to each one of the residents in Wooded Creek and whoever else that may be affected, and extend an invitation to attend the October 15th City Council meeting for discussion on this matter. Councilman Weidinger seconded the motion and all voted "aye'. Vol. 32, Page 9. AGENDA ITEM NO. C.10-CONSIDER REQUEST TO DISCONTINUE PRACTICE OF PLACING CONSENT ITEMS ON THE AGENDA. This item was placed on the agen a at the request of Mr. Ray Flaherty of 13220 Challaburton. Mr. Flaherty presented a request that the Council discontinue the present practice of the City Council in placing "Consent Items" on the agenda and voting on them in their entirety in one motion and vote. Mr. Flaherty stated that he believes it would be in the best interest of the citizens, the Council, the City Manager and Staff that all items placed in this "Consent Item" section be appropriately identified and each one voted on separately and individually by the City Council. Mr. Flaherty stated that the citizens in the audience needed to be informed on all items voted on. Mr. Flaherty stated that the present practice may one day put the city in a crisis situation. Mr. Al Korioth, 2772 Bay Meadows, stated that he believes at least the items concerning the awarding of bids and other bid information should be read aloud. After Council discussion, a motion by Councilman Weidinger, a second by Councilman Johnson, all voting "aye", discontinued the practice of placing items on the agenda under "Consent Items". AGENDA ITEM NO. C.11-DISCUS TAX ROLLS OF FARMERS BRANCH- l.Li.RiCVLL1VLV rj Vuuv uvnlnujL Ul.JlnLul. This item was place on the agenda for discussion at the request of Councilman Quevreaux. Councilman Quevreaux expressed concern about the taxing of property in the Levee District, and requested a copy of the 1979 tax rolls of the Levee District. Councilman Quevreaux desires to have the information to make a comp rison of values placed on unimproved land to that placed on developer property. There was discussion among the members of the City Council relating to property owners paying higher taxes on their improved property, after the District has been formed, than the undeveloped land that has been taken out of the flood plain. In this discussion, it was mentioned that Bill McClung, former District Board Member, referred to a resolution in a newspaper article where the property owners who were not in the flood plain would not be paying for the property to be taken out of the flood plain. Councilman Quevreaux made a motion that the City Administration contact the President of the Farmers Branch-Carrollton Levee District and request a copy of the 1979 tax rolls of the District no earlier than October 3, and no later than October 5, 1979. Councilman Johnson seconded the motion. Councilman Haggerty asked to amend the motion to include that the City Administration investigate the resolution referred to by Mr. McClung and send a copy to the City Council with a legal Vol.32, Page 10. opinion on the enforceability of the resolution. Councilmen Ouevreaux an Joh on aQcep,ed he amendment. The motion and amendment carried with a voting aye . i AGENDA-ITEM-NO. D.1-CONSIDER REQUEST FOR FINAL PLAT APPROVAL Mayor Binford gave the following information from a memo to the City Council from the City Administration: This tract of land is located on the east side of Inwood Road and Langland Road intersection. It is located in an L-I Zoning District. This property is being platted in order to create a building site for a parking garage. This parking garage will serve a building located within the City of Addison. The plat has been reviewed by the Engineering Division and complies with all City ordinances for final plat. The Planning and Zoning Commission recommended that the plat be approved. Councilman Quevreaux expressed opposition to the building of a garage in Farmers Branch and an office building in an other city. After some discussion, Councilman Johnson made a motion to approved the final plat of Wellington Square as recommended by the Planning and Zoning Commission. Councilman Haggerty seconded the motion. The motion carried 3 to 1 with Councilmen Johnson, Haggerty and Weidinger voting "aye", and Councilman Quevreaux voting "nay". AGENDA ITEM NO. D.2-CONSIDER REQUEST FOR REPLAT APPROVAL OF BLOCKS A, B, C & F OF THE CENTRE ADDITION. Mayor Binford gave the following information from a memo to the City Council from the City Administration: The Centre Addition is located north of the Treasury Store and west of Midway Road. The property is within a PD-1 (0, LI) Zoning District. The property is being developed as an office park complex. The site is being replatted in order to create a building site. The plat has been reviewed by the Engineering Division and complies with all City ordinances for final plat. The Planning and Zoning Commission recommended that the plat be approved. After some consideration, a motion by Councilman Johnson, a second by Councilman Weidinger, all voting "aye", approved the plat of blocks A, B, C and F of the Centre Addition. AGENDA ITEM NO. D.3-CONSIDER ORDIANCE NO'. 1265 REGULATING FIREWOOD SALES. Mayor Binford gave the following information from a memo to the City Council from the City Administration: The City Council adopted Ordinance No. 1219 on November 20, 1978, regulating the sale of firewood in certain zoning districts. One of the requirements of the ordinance was that the sale could only be conducted from November through March of the following year. Local firewood vendors state that the firewood season begins in September and ends after the first of the year, and requests the ordinance be amended to allow firewood sales from September 1, through March of the following year. A new ordinance was presented for consideration that would allow firewood sales from September 1 Vol. 32, Page 11. through March of the following year. After some discussion, Councilman Quevreaux made a motion to take no action on the ordinance that would allow firewood sales from September 1 through March of the following year. Councilman Johnson seconded the motion and all voted "aye". AGENDA ITEM NO. D.4-CONSIDER ORDINANCE NO. 1266 REGULATIONS ON CATS. Mayor Binford gave the following information from a memo to the City Council from the City Administration: Ordinance 1266 requires all cats over six (6) months old to be annually immunized against rabies, requires wearing of such proof by means of a tag upon the cat, and provides that a cat not wearing a tag shall be subject to impoundment and gives impoundment authority and release conditions. The ordinance also limits numer of cats to four (4) if six (6) months or older kept upon residential premises. Mrs. Carol Dingman, 3605 Tanglewood Circle, made statements that four cats were not an excessive number to own. After more dicussion, a motion by Councilman Haggerty, a second by Councilman Johnson, all voting "aye", adopted the following captioned Ordinance No. 1266: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, REQUIRING RABIES VACCINA- TIONS FOR CATS WITHIN THE CITY; REQUIRING RABIES TAGS FOR SUCH ANIMALS; ESTABLISHING PRIMA FACIE EVIDENCE OF NON-VACCINATION; AUTHORIZING THE IMPOUNDMENT OF NON-VACCINATED CATS; REGULATING THE NUMBER OF CATS ALLOWED IN RESIDENTIAL AREAS; PRO- VIDING A PENALTY AND A SAVINGS AND SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. AGENDA ITEM NO. D.5-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR VARIOUS ITEMS INCLUDED IN THE 1979-80 BUDGET. maA motion by Councilman Johnson, a second by Councin Weidinger, all voting "aye", authorized the City Manager to advertise for bids for equipment included in the 1979-80 budget for the various departments. (List attached) AGENDA ITEM NO. D.6-CONSIDER AWARDING THE BID FOR ROLL-ON/ROLL- OFF WATER TANK. Mayor Bin ford gave the following information from a memo to the Council from the City Administration: The City Council budgeted $8,000 in the 1978-79 budget for a Roll-on/Roll-off Water Tank. Bids for this tank were taken four times. Each time the bids were above the budgeted amount. On the last bide taken July 20, 1979, the lowest and best bidder was Industrial Disposal Supply in the amount of $18,583.00. However, the City Staff recommended the bids be rejected due to the lack of budgeted funds. Upon further review of the bids, it was concluded that the bid could be awarded to Industrial Disposal Supply for Alternate No. 1 for $7,125.00. This amount is within the budgeted amount. Vol. 32, Page 12. VEHICLES, AND EQUIPMENT APPROVED IN 1979-80 BUDGET 1. 1 - 4 door Sedan - Fire 2. Pickups (a) 1 - Engineering (b) 1 - Sanitation (c) 2 - Street Maintenance (d) 1 - Park & Recreation (e) 4 - Utility 9 - Total 3. Trucks (a) 2 - Sanitation (side loaders) (b) 2 - Street (Roll-on/Roll-off and Flat bed dump) (c) 2 - Utilities (Sewer Cleaning and 10 yd. Dump) 6 - Total 4. Radios (a) 2 - Portable and Chargers - Police (b) 2 - Mobil Unit - Parks & Recreation (c) 3 - Mobil Unit - Utility 7 - Total w 5. Air Compressor (a) 1 - Street (b) 2 - Utility 6. 1 - Concrete Saw - Utility 7. 1 - Track Loader - Sanitation 8. 1 - Backhoe Loader - Utility 9. 50 - Commercial Sanitation Containers 10. 1 - Fifth Wheel Assembly 11. Traffic Signal Equipment 12. Modular Ambulance The Administration recommened that the Council rescind the previous rejection of all bids and award the bid to Industrial Disposal Supply as the lowest and best bidder, and issue a change order on the bid accepting Alternate No. 1 in an amount not to exceed $7,125.00. After some discussion, a motion by Councilman Johnson, a second by Councilman Quevreaux, all voting "aye", rescinded previous rejection of bids and awarded the bid to Industrial Disposal Supply and issue a change order for Alternate No. 1 in an amount not to exceed $7,125.00. MAYOR BINFORD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS THE COUNCIL MEETING 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, OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND COMTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. E.1-EXECUTIVE SESSION. An Executive Session was held relating to Personnel Matters and Pending and Contemplated Litigation. THE MEETING WAS RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2-NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Weidinger, a second by Councilman Ouevreaux, all voting "aye", appointed Vernon Smith to serve an unexpired term on the Zoning Board of Adjustment and Building Code Board of Appeals as Alternate Place 1, conditioned upon the acceptance of the appointment. The term is to expire December 1, 1979. AGENDA ITEM NOS. E.3 AND E.4- NO NECESSARY ACTION NEEDED. AGENDA ITEM NO. F.1- ADJOURNMENT. A motion by Councilman Quevreaux, a all voting "aye", adjourned the City 1979 at 10:55 P.M.. Mayor Bill Bin d Ci Secretary second by Councilman Haggerty, Council meeting of October 1, Vol. 32, Page 13.