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1982-04-19 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING APRIL 19, 1982 COUNCIL CHAMBERS POLICE BUILDING The following members of the City Council were present: Mayor John Dodd Mayor Pro Tem Herb Weidinger - Carol Dingman Council Members: Dave Blair Fred Johnson Carol Dingman Bill Glancy 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 Dodd called the City Council meeting of April 19, 1982 to order at 7:30 P.M. AGENDA ITEM NO. A.1-INVOCATION. Mike Arrington, Manager of Texas Power and Light Company, gave the invocation. DECLARING AN EMERGENCY. A motion by Councilman Johnson, a second by Councilman Weidinger, with all voting "Aye", declared an emergency and placed on the agenda as Item D.15-Consider Awarding the Bid for Chemicals for Parks Maintenance Division and Take Appropriate Action, and to replace items C.1 and C.2 following D.15, and also to have Item C.10 follow Item C.3. AGENDA ITEM NO. A.2-APPROVAL OF MINUTES - APRIL 5, 1982. A motion by Councilman Johnson, a second by Councilman Weidinger, all voting "Aye" approved the minutes of April 5, 1982. AGENDA ITEM NO. B.1-PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd explained that this item is placed on the agenda to give citizens an opportunity to present applications to the Council for serv4ng on any of the various advisory boards. Cheryl Howerton, 3657 Morningstar Circle, addressed the Council and presented an application of her desire to serve on the Library Board. AGENDA ITEM NO. B.2-PRESENTATION OF CERTIFICATES OF APPRECIATION. Mayor Dodd presented a certificate of appreciation to Frances Glancy for her services on the Library Board. Vol. 37, Page 10 Mayor Dodd presented a certificate of appreciation to Bill Glancv for his services on the Farmers Branch Industrial Development Corporation Board. AGENDA ITEM NO. B.3-CONSIDER ACCEPTANCE OF DONATION TO THE CITY FROM THE FARMERS BRANCH LIONS CLUB AND TAKE APPROPRIATE ACTION. Mayor Do opened the discussion by giving the following information from an administrative memo. The Club is ready to purchase and donate for installation, fill dirt for the playground, asphalt for the paths, and the first pieces of playground equipment for the "All Child's Playground" at Oran Good Park. This playground will be equipped for impaired children. Total value of the donation is $58,617. To install the equipment, paths, and shape the soil, an appropriation of $27,600 will be needed to the Park Maintenance 81-82 budget. The City Administration recommends acceptance of the donation of soil, asphalt, and playground equipment from the Lions Club and appropriate $27,600 to the Park Maintenance budget for installation. Mr. C. W. Whitmore was present to represent the Farmers Branch Lions Club. After some consideration a motion by Councilman Johnson, a second by Councilman Weidinger, accepted with thanks the $58,617 worth of equipment and materials and to appropriate from unallocated funds $27,600 for installation of that equipment. Motion carried unanimously. The Council also directed the City staff to look at money available in the Park Department Budget and see if funds can be found there for the installation of this equipment. AGENDA ITEM NO. C.3-PUBLIC HEARING: CONSIDER REQUEST FOR RATE INCREASE BY TEXAS POWER AND LIGHT COMPANY AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the hearing by giving the following information from an administrative memo. This public hearing is required by the Public Utility Regulatory Act of 1975. Texas Power and Light Company filed for a $188.0 million rate increase on February 12, 1982. The City Council suspended this rate request for 120 days beyond March 19, 1982 for further study and intervention before the Public Utility Commission. No action is required by the City Council following the hearing. TP&L does not anticipate or desire any action until the hearing has been completed by the PUC. The PTTC will begin their hearing on April 26, 1982. All information regarding the rate request has been submitted by City Consultants to the PTTC on April 12, 1982. This information will be available to interested cities d>>ring the w-ek of Anril 19. 1982. Vol. 37, Page 11 The PUC is expected to complete their hearing approximately two weeks after April 26, 1982. Further action will be requested by the City Council after the PUC hearing is completed. Mayor Dodd asked Mr. Mike Arrington of TP & L to address the Council. Mr. Arrington gave a slide presentation on the request by TP&L outlining the proposals for the rate increases. He stated he would briefly described the main reasons why they must request a rate adjustment. The new rates will provide TP&L with $188,066,458 of additional revenues. TP&L is requesting a 15.17% rate increase in the Company's revenues, which will last about two years. Mr. Arrington stated that one of the reasons for the request was the rapid growth and the need for the financing for a construction program that includes lignite and nuclear plants. He stated that high interest rates and inflation have affected the costs in building and maintaining these new plants. He also stated that the reserve capacity has declined greatly in the last few years. Mr. Arrington broke down the monthly rate increase request. He stated that revenues would increase 20.1% to residential customers including fuel; 28.5% to municipal customers; 12.2% to small commercial and industrial customers; 11.6% to larger commercial and industrial customers. At the end of the slide presentation, Mr. Arrington answered questions from the Council. There being no questions from citizens in attandance, a motion by Councilman Johnson, a second by Councilman Weidinger, all voting "aye", closed the public hearing. Council discussion followed. Mayor Dodd announced the hiring of Mr. Butler, an outside consultant, to go before PUC to varify the request and perhaps make a counter request. After further discussion of the reason for the rate increase request, Mayor Dodd stated they would move on to Agenda Item No. C-10. AGENDA ITEM NO. C.10-CONSIDER SETTLEMENT OF PUBLIC UTILITY COMMISSION DOCKET NO. 15E DISTRICT COURT APPEAL AND TAKE APPROPRIATE ACTIONS. Mayor Do opened-the discussion by giving the following information from an administrative memo. A law suit authorized by the City Council in October, 1978 requested the following: (1) Texas Power & Light Co., Dallas Power & Light Co. and Texas Electric Service Co. be declared affiliates; (2) A contract between TP&L and TESCO be continued; (3) All interest rate increases be approved by the PUC; (4) TP&L be ordered to use straight-line depreciation rates; (5) Successful effort methodology or accounting as to expense related to research, development and explanation be ordered; (6) Problems with fuel adjustment charges be resolved. Vol. 37, Page 12 The courts and/or the PUC have voted in favor of the cities in 1, 3, 4, and 5. The courts did terminate the contract between TP&L and TESCO. The attorneys have worked with all interested parties regarding the fuel adjustement charges. The attorneys have recommended a settlement on all items including the fuel adjustment charges. The settlement on fuel adjustment charge contain the following major provisions: A code of accounts will be established for all fuel charges; The charges for fuel will be reveiwed quarterly by a designated firm by TP&L cities and TP&L will pay the expense. The quarterly review of the fuel charges will greatly assist in future rate increase requests as well as making sure the charges are correct. Administration recommends the suit be settled as proposed by TP&L attorneys. After some consideration, a motion by Councilman Johnson, a second by Councilman Weidinger, approved the settlement of PUC Docket #1517 District Court appeal as proposed and recommended by TP&L attorneys. Motion carried unanimously. AGENDA ITEM NO. C.4-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY ZONING ORDINANCE OR A NON-DRIVE IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW. REQUESTED BY JOSE ORDIERES FOR THE PROPERTY LOCATED AT 101 JOSEY SQUARE SHOPPING CENTER IN THE LR-2 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the hearing by giving the following information from an administrative memo. Number 101 Josey Square Shopping Center is located on the east side of Josey Lane between Rollingdale Lane and Fyke Road in the Local Retail-2 zoning district. Mr. Jose Ordieres is proposing to operate an Alvin Ord's Sandwich Shop at this location. The applicant has stated that it will be a non-drive in type restaurant without an outside sales window. Article 8, Section 114 of the City's Zoning Ordinance requires that a specific use permit be granted before a certificate of occupancy can be issued. The Planning and Zoning Commission recommends that the specific use permit be granted with the condition that a parking layout be submitted to the City Staff for approval prior to a certificate of occupancy being issued. Mr. Graham Holloway, representing Mr. Jose Ordieres, was present to discuss the request. He stated the condition of the Planning and Zoning Commission was agreeable to Mr. Ordieres. There being no questions from citizens in attendance, a motion by Councilman Johnson, a second by Councilman Glancy, all voting "Aye", closed the public hearing. Vol. 37, Page 13 After some consideration, a motion by Councilman Johnson, a second by Councilman Weidinger, adopted the following captioned Ordinance #1376, approving the specific use permit with the conditions recommended by the Planning and Zoning Commission. Motion carried unanimously. "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR A NON-DRIVE IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW IN AN LR-2 ZONING DISTRICT: PROVIDING FOR CONDITIONS OF OPERATION: PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE: PROVIDING A SEVERABILITY CLAUSE: PROVIDING FOR INJUNCTIVE RELIEF: AND DECLARING AN EMERGENCY." AGENDA ITEM NO.. C.5-CONSIDER REQUEST FOR SITE PLAN APPROVAL. C Mayor jDodd Lopenea-the discussion by giving the following information from an administrative memo. El Chico Corp. is located at the northwest corner of Valley View Lane and Alfred Drive in the PD- 22 (LI) zoning district. El Chico is proposing to construct a new freezer storage area on the north end of the existing building, a new compressor room on the east side of the building and some additional paving. Site plan approval is required before additional improvements can be made to the existing building. The Planning and Zoning Commission recommends to the City Council that the site plan be approved with the following conditions: (1) The property be replatted dedicating the fire lane easement. (2) The fire hydrant located at the back of the property needs to be relocated so that it is within 3 to 6 ft. of the fire lane and turned so that the 4 2" connection faces the fire lane. (3) Submit a detailed landscape and irrigation plan to the City Staff for approval prior to a final inspection. Wayne Musgrave, President of El Chico Corp. was present to discuss the request. After some consideration, a motion by Councilman Glancy, a second by Councilwoman Dingman, accepted the site plan with the three conditions recommended by the Planning and Zoning Commission. Motion carried unanimously. AGENDA ITEM NO. C.6-CONSIDER REQUEST FOR SITE PLAN APPROVAL. REQUESTED BY WORD OF FAITH WORLD OUTREACH CENTER FOR THE PROPERTY LOCATED AT THE CORNERS OF ROSSFORD AND CARRICK AND ROSSFORD AND PIKE STREET IN THE PD-5 (C) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Vol. 37, Page 14 Mayor Dodd opened the from an administrative construct a 37,800 sq. 5,240 sq. ft. addition located along Rossford 1 iiscussion by giving the following information memo. Word of Faith is proposing to ft. nursery and day care center and a to the existing sanctuary on the property Street in the PD-5 (C) zoning district. Site plan approval is required before building permits can be issued. The Planning and Zoning Commission recommends to the City Council that the site plan be approved with the condition that a detailed landscape and irrigation plan be submitted to the City Staff for approval prior to a certificate of occupancy being issued. Mr. James Deaton, 2415 Valley View, Comptroller of Word of Faith presented the request to enlarge the sanctuary and construct a nursery/day care. He stated that Word of Faith has agreed to the Planning and Zoning Commissions recommendations. Mr. Angelo Calurois, architect for Word of Faith, was present to answer any questions. Ms. Billie Jean Burnes, director of Day Care Center, discussed the receiving of children to the Day Care Center. There was discussion relating to the traffic egress and ingress of the development after the addition is constructed. After some consideration, a motion by Councilman Johnson, a second by Councilman Weidinger, approved the site plan with the conditions recommended by the Planning and Zoning Commission. Motion carried with Councilmen Johnson and Weidinger voting "Aye", Councilman Glancy and Councilwoman Dingman voting "Nay", and Mayor Dodd voting "Aye" breaking the tie. Councilwoman Dingman requested staff to look into the traffic situation in the area and to come back with a report. AGENDA ITEM NO. C.7-CONSIDER ST FOR SITE PLAN APPROVAL. BEE Mayor Dodd opened the discussion by giving the following information from an administrative memo. Mr. Rayner Barrera is proposing to construct a 9000 sq. ft. office/warehouse building on the property located on the west side of Bee Street between Vintage Street and Havenhurst Street in the PD-5 (C) zoning district. Site plan approval is required before a building permit can be issued. The Planning and Zoning Commission recommends to the City Council that the site plan be approved. Vol. 37, Page 15 Mr. Rayner Barrera, 13511 Heartside, and architect, Mr. Emil A. Fretz, were present to discuss the request. Councilwoman Dingman explained that the area is under study by the OFBSC and may, after the study, become a non-conforming use. Mr. West, City Manager, stated that alterations and additions would be restricted and if not used in 6 months, under the non- conforming use, would not be able to go back to that use. Mr. Barrera and Mr. Fretz stated they understood about the study. After some consideration, a motion by Councilman Johnson, a second by Councilman Glancy, approved the site plan for the property located at 13317 Bee Street. Motion carried unanimously. AGENDA ITEM NO. C.8-CONSIDER REQUEST BY HAROLD BLANKEMEYER FOR FINAL PLAT APPROVAL OF THE SECOND REVISED LASTING PRODUCTS ADDITION AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. This tract of land is located on the north side of Valley View Lane just west of the C.R.I.&P. Railraod and is in a PD-22 (LI) zoning district. This property is being platted in order to create a building site for an addition to Lasting Products. A site plan has been approved for this project and the existing Developer's Contract will remain in effect on this property. This final plat has been reviewed by the Engineering Division and it complies with the City's requirements for final plat approval. The Planning and Zoning Commission recommends that this final plat be approved. After some consideration, a motion by Councilman Johnson, a second by Councilman Weidinger, approved the final plat of the second revised Lasting Products Addition. Motion carried unanimously. AGENDA ITEM NO. C.9-CONSIDER AMENDMENT TO DEVELOPER'S CONTRACT WITH CADILLAC-FAIRVIEW LBJ PROPERTIES, INC. FOR LBJ-LUNA TRACT C AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the iscussion by giving the following information from an administrative memo. The revised Developer's Contract has been submitted by the Developer. The basic provisions of the Contract have not been changed. Only minor wording revisions were made to clarify some legal points. The City Staff has reviewed the revised Developer's Contract and recommends that the revised Developer's Contract be approved. Mr. Harley Cook, 3409 Hargun, Vice President of Cadillac-Fairview LBJ Properties, Inc. was present to answer any questions. Vol. 37, Page 16 After some consideration, a motion by Councilman Weidinger, a second by Councilwoman Dingman, authorized the City Manager to execute the revised Developer's Contract with Cadillac-Fairview L.B.J. Properties, Inc. Motion carried unanimously. AGENDA ITEM NO. D.1-CONSIDER HOMESTEAD EXEMPTION AND AUTHORIZE LETTER TO PROPERTY OWNERS AND TAKE APPROPRIATE ACTION. Mayor Dodd opened'the_discus~ion by giving the following information from an administrative memo. An office memo and information regarding the Dallas County Appraisal District obligations required by law, the City Council and Staff's legal requirements and the major concern associated with the new taxing laws have been submitted and reviewed by council. Staff has made an effort to summarize the major provisions and concerns associated with the new taxing laws. A detailed memo using our assumptions and estimates with regards to the impact of the homestead exemption both on the entire tax rolls and an individual homestead have been submitted. A letter has been drafted for Council consideration. The draft letter can be mailed to taxpayers as directed by the City Council. It will be necessary to direct the City Manager to prepare a resolution granting an amount or percentage exemption, should this be the desire of the Council. The City Manager will prepare the resolution for the City Council meeting May 3, 1982. The City Manager should be directed to contact the Appraisal District and notify them prior to May 1, 1982 the resolution will be presented to them after the May 3, 1982 Council Meeting. After some discussion of the Homestead Exemption, a motion by Councilman Weidinger, a second by Councilman Glancy, tabled the item and directed staff to do further research. Motion carried unanimously. After reviewing and making changes in a letter to the taxpayers, a motion by Councilwoman Dingman, a second by Councilman Weidinger, approved the letter to all taxpayers from the Mayor and Council and also requested the staff to include the pamphlet from the Tax Appraisal District if available. Motion carried unanimously. AGENDA ITEM NO. D.2-CONSIDER REQUEST FOR SECOND QUARTER PAYMENT BY THE DALLAS COUNTY APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. The City has received the statement from the Dallas County Appraisal District. The statement is for the second quarter (April-June) in the amount of $14,555.00. The funds for payment to the District were approved in the 1981- 82 operating budget of the City. Vol. 37, Page 17 Paying the District under protest will keep all options open to the City, should future problems arise from the operation of the District. It is recommended by City Administration, that the second quarter payment to the Dallas County Appraisal District be paid, under protest, in the amount of $14,555.00. After some consideration, a motion by Councilman Weidinger, a second by Councilman Glancy, authorized the second quarter payment, under protest, to the Dallas County Appraisal District in the amount of 14,555.00. Motion carried unanimously. AGENDA ITEM NO. D.3-CONSIDER ORDINANCE NO. 1377 VACATING AND ABANDONING A PORTION OF NICHOLSON ROAD, AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. It is requested that this item not be considered, due to a new thoroughfare plan amendment request being proposed by Centre Development Co., Inc. A "Public Hearing" will be held on the proposed thoroughfare plan amendment and additional study will be made of the request to abandon this portion of Nicholson Road as the affect of the thoroughfare plan amendment is evaluated. City Administration recommends that no action be taken on this item. After some consideration, a motion by Councilman Johnson, a second by Councilman Weidinger, tabled this item. Motion carried unanimously. AGENDA ITEM NO. D.4-CONSIDER ADOPTING ORDINANCE NO 1374 (SECOND READING) GRANTING A FRANCHISE TO OPERATE A COMMUNICATIONS CABLE SYSTEM TO NATIONAL HAND TOOL HOLDING CORPORATION AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. Ordinance No. 1374 grants a franchise to use, operate and maintain a utility system within a dedicated public street right-of-way to National Hand Tool Holding Corporation. The Ordinance provides for the following: (1) Restrictions and requirements; (2) Annual fee; (3) Revocation and termination; (4) A Hold Harmless Agreement and insurance; (5) Written acceptance by the Grantees; (6) Effective date. All Ordinances granting or amending franchises for utilities must be read at two (2) separate regular meetings of the City Council, and shall not be finally passed until thirty (30) days after the first reading. This will be the second reading of the Ordinance for this franchise. This Ordinance was first read and passed by the City Council at its meeting held on March 8, 1982. If the Council approves the Ordinance at this meeting, the Ordinance shall be finally passed in full force and effect. Vol. 37, Page 18 City Administration recommends that ordinance No. 1374, granting a franchise to operate and maintain a utility system within a dedicated public street right-of-way to National Hand Tool Holding Corporation, be approved. After some consideration, a motion by Councilman Johnson, a second by Councilman Weidinger, adopted the following Ordinance No. 1374. Motion carried unanimously. "AN ORDINANCE GRANTING A FRANCHISE TO USE, OPERATE AND MAINTAIN A UTILITY SYSTEM WITHIN A DEDICATED PUBLIC STREET RIGHT-OF-WAY TO NATIONAL HAND TOOL HOLDING CORPORATION FOR A TERM OF 25 YEARS: PROVIDING AN ANNUAL FEE: PROVIDING FOR REVOCATION AND TERMINATION: PROVIDING FOR A HOLD HARMLESS AGREEMENT AND INSURANCE; PROVIDING FOR WRITTEN ACCEPTANCE BY THE GRANTEES; PROVIDING AN EFFECTIVE DATE." AGENDA ITEM NO. D.5-CONSIDER RESOLUTION ON. 82-003 AUTHORIZING THE EXECUTION NT WITH THE TEXAS STATE A NT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE INSTAL TION OF HIGHWAY TRAFFIC SIGNALS, AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. The Texas State Department of Highways and Public Transportation has requested the City to adopt a "blanket type" agreement that will allow the City Manager to approve traffic signal installations along the freeway routes within the City. Currently, the City and the Highway Department enter into individual agreements for each traffic signal installation. Resolution No. 82-003 has been prepared for the City Council's consideration to authorize the City Manager to execute a "blanket type" agreement. After some consideration, a motion by Councilman Johnson, a second by Councilman Weidinger, adopted Resolution No. 82-003, that authorizes the City Manager to execute a "blanket type" agreement for approval of traffic signal installations along freeway routes within the City. Motion carried unanimously. AGENDA ITEM NO. D.6-CONSIDER ACCEPTING A RESOLUTION FROM THE CITY OF ADDISON TO PERMIT THE CONSTRUCTION OF A WATERLINE FROM MARSH LANE TO MIDWAY ROAD, AND TAKE APPROPRIATE ACTION. Mayor Do opened the discussion by giving the following information from an administrative memo. The City Staff has been negotiating with the Staff of the City of Addison and the Developer of the Les Lacs Development for permission and a location for the construction of a proposed major waterline to extend from the Marsh Lane Pump Station across a portion of Addison to Midway Road. At the meeting of February 1, 1982 the City Council approved a motion to officially request permission from the Addison City Council for this waterline. The Addison City Council adopted a Resolution authorizing the City of Farmers Branch to construct the waterline. City Staff recommends that the City Council accept the Resolution adopted by the Addison City Council. Vol. 37, Page 19 After some consideration, a motion by Councilman Weidinger, a second by Councilman Johnson, accepted the Resolution adopted by the City of Addison authorizing the construction of the proposed waterline. Motion carried unanimously. AT THIS TIME, MAYOR DODD RECOGNIZED ANDREW BUCHANAN, FROM ENGLAND- BASSETLAW-SISTER CITY. AGENDA ITEM NO. D.7-CONSIDER AUTHORIZING AN AGREEMENT WITH DALLAS COUNTY AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. In the past, Dallas County has assisted the City of Farmers Branch with street maintenance activities as well as participation in the construction of new major roadways. In order to continue this practice, Mr. Harold Morgan, Supervisor for Dallas County District No. 1, notified the City that a formal agreement would have to be executed between the City of Farmers Branch and Dallas County. Under this agreement, the City of Farmers Branch agrees to reimburse the County for the costs of labor, equipment and materials for maintenance work performed on the streets within the City. The County's participation in the reconstruction of major thoroughfares would be negotiated on a project basis. City Staff recommends that the agreement with Dallas County for roadway maintenance be executed. After some consideration, a motion by Councilman Weidinger, a second by Councilwoman Dingman, authorized the City Manager to execute an agreement with Dallas County. Motion was carried unanimously. AGENDA ITEM NO. D.8-CONSIDER AUTHORIZING THE EXECUTION OF A MAINTENANCE AGREEMENT WITH DALLAS COUNTY AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. It is time to renew the contract with Dallas County to maintain the grounds of the Sub Court House on Valwood Parkway. The contract will be from April 1, 1982 through October 31, 1982. Dallas County will pay us $200.00 each month, a total income of $1400.00 to the City. If any maintenance is needed in the months of November through March, we will bill the County as stated in the contract. City Staff recommends authorizing the City Manager to renew the Maintenance Agreement with Dallas County. After some consideration, a motion by Councilwoman Dingman, a second by Councilman Glancy, authorized the City Manager to execute the Maintenance Agreement with Dallas County. Motion carried unanimously. AGENDA ITEM NO. D.9-CONSIDER AUTHORIZING THE EXECUTION OF A BEAUTIFICATION AND MAINTENANCE AGREEMENT WITH SUMMERS ELECTRIC AND TAKE APPROPRIATE ACTION. Vol. 37, Page 20 Mayor Dodd opened the discussion by giving the following information from an administrative memo. The City would like to enter into a mutual development agreement with Summers Electric for the right- of-way at the northeast corner of Welch and Spring Valley. The agreement would be for perpetual care on the part of Summers Electric. City Staff recommends authorizing the City Manager to execute a Beautification and Maintenance Agreement with Summers Electric. After some consideration, a motion by Councilman Glancy, a second by Councilwoman Dingman, authorized the City Manager to execute a Beautification and Maintenance Agreement with Summers Electric. Motion carried unanimously. AGENDA ITEM NO. D.10-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR A REPLACEMENT TELEPHONE SYSTEM AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. The current Municipal Telephone System for the City of Farmers Branch is 11 years old. This system requires replacement due to obsolescence, and frequent break downs. The 1981-1982 budget has approved $23,565.00 for this purchase. City Staff recommends authorizing the advertisement for bids to obtain replacement Municipal Telephone System. After some consideration, a motion by Councilman Johnson, a second by Councilman Weidinger, authorized advertisement for bids and asked staff to include a copy of the report of the consultants at the time the bids are considered. Motion carried unanimously. AGENDA ITEM NO. D.11-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF BALL FIELD LIGHTING AT THE ATHLETIC COMPLEX AND TAKE APPROPRIATE ACTION. Mayor Do opened the discussion by giving the following information from an administrative memo. Funds were approved in the 1981-82 Capital Improvement Budget for ballfield lighting at the Athletic Complex. A consultant was hired December 21, 1981 to design the lighting system. The City is now in a position to put the project out on bid. City Staff recommends authorizing the City Administration to advertise for bids for the construction of ballfield lighting at the Athletic Complex. After some consideration, a motion by Councilman Johnson, a second by Councilman Weidinger authorized City Administration to advertise for bids for the construction of ballfield lighting at the Athletic Complex. Motion carried unanimously. Vol. 37, Page 21 AGENDA ITEM NO. D.12-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR FENCING MATERIAL FOR DON SHOWMAN BALLFIELD AND TAKE APPROPRIATE ACTION. Mayor Do opened the discussion by giving the following information from an administrative memo. The City Administration request permission to advertise for bids for fence replacement at Showman Park. In the 1981-82 Capital Improvement Budget $35,000 was approved for the replacement of fencing. City Staff recommends authorizing the City Administration to advertise for bids for the replacement of fencing at Don Showman Park. After some consideration, a motion by Councilman Weidinger, a second by Councilman Johnson, authorized the City Administration to advertise for bids for the replacement of fencing at Don Showman Park. AGENDA ITEM NO. D.13-CONSIDER AWARDING THE BID FOR THE MARSH LANE PROJECT, AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. Bids for the Marsh Lane Improvements Project are to be received at 10:00 A.M., Friday, April 16, 1982. Due to the large number of contractors expressing interest in the Project, Truner, Collie & Braden, Inc. anticipates that it will be at least Wednesday, April 21, 1982 before the bids can be tabulated, the bidders evaluated and a recommendation prepared-. Therefore, it is recommended that this item be tabled until the City Council meeting of May 3, 1982. City Staff recommends that consideration of the bids for the Marsh Lane Project be tabled until the meeting of May 3, 1982. After some consideration, Councilman Weidinger made a motion to table this item until May 3, 1982. Motion was seconded by Councilman Johnson, with an amendment to direct staff to include bids in the Friday packet for Council review. Amendment was accepted by Councilman Weidinger, and carried unanimously. AGENDA ITEM NO. D.14-CONSIDER AWARDING THE BID FOR FERTILIZER FOR THE PARKS DIVISION AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an administrative memo. Bids were mailed to three vendors. Bids were returned by Harpool Seed and Chemical & Turf. Southwest Hydromulchers returned a No Bid. Harpool Seed had the low bid meeting specifictions for the 30 tons of 16-4-4 in the amount of $12,500. Chemical & Turf had the low bid meeting specifications for the 7 tons of 16-20-0 and 1 ton of 32-0-0, a total bid of $1,865. The budgeted amount in the 1981-82 budget for fertilizer was $15,000. r Vol. 37, Page 22 City Staff recommends awarding bids for fertilizer to Harpool Seed for Item 1 for 30 tons of 16-4-4 in the amount of $12,500; and to Chemical & Turf for Item 2 and 3 for 7 tons of 16-20-0 and 1 ton of 32-0-0 in the amount of $1,865.00. After some consideration, a motion by Councilman Johnson, a second by Councilman Weidinger, approved the awarding of bids to Harpool Seed for Item 1 for 30 tons of 16-4-4 in the amount of $12,500; and to Chemical & Turf for Item 2 and 3 for 7 tons of 16-20-0 and 1 ton of 32-0-0 in the amount of $1,865. Motion carried unanimously. AGENDA ITEM NO. D.15-CONSIDER AWARDING BID FOR CHEMICALS FOR PARKS MAINTENANCE DIVISION AND TAKE APPROPRIATE ACTION. Mayor Dodd opened t e iscussion by giving the following information from an administrative memo. Bids were sent to seven vendors and one vendor picked up a set of specifications. Only one vendor submitted a bid. Another vendor said they mailed a bid, but as of Friday, April 16, 1982, no bid has been received. Staff feels that better prices are possible if the bids are readvertised. City Staff recommends rejection of bid from Chemical and Turf Specialty and readvertise for bids for chemicals for the Park Maintenance Division. After some consideration, a motion by Councilman Johnson, a second by Councilman Glancy, rejected the bid from Chemical and Turf Specialty and authorized readvertisement for bids for chemicals for the Park Maintenance Division. Motion carried unanimously. AGENDA ITEM NO. C.1-CONSIDER APPOINTMENT TO PLACE 1 ON THE CITY COUNCIL AND TAKE APPROPRIATE ACTION. Mayor Do opened t e iscussion by explaining that the Council was seeking an appointment to Place 1. Fourteen applications were received, and each applicant was well qualified. The Council directed the Mayor to write a letter to each applicant thanking them for submitting an application and forward them an application for a board if they so wish to apply. Councilman Weidinger nominated Dave Blair for Place 1 Councilman. Nomination was seconded by Councilman Johnson. There being no further nominations, a motion by Councilman Johnson, a second by Councilman Weidinger, appointed Dave Blair to Councilman Place 1 by acclamation. Motion carried unanimously. At this time Mayor Dodd administered the Oath of Office to David Blair, Jr. to serve as Councilman Place 1. AGENDA ITEM NO. C.2-CONSIDER APPOINTMENT OF MAYOR PRO TEM AND TAKE APPROPRIATE ACTION. CONSIDERED AFTER THE EXECUTIVE SESSION. Vol. 37, Page 23 MAYOR DODD ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS, THE 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, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. AGENDA ITEM NO. E.1-EXECUTIVE SESSION. a. Discuss Personnel Matters There was discussion of appointing Council representative to the Dallas County Appraisal District; of casting vote in Election to the Texas Municipal League Board of Trustees; and the appointment of Mayor Pro Tem. There was brief discussion regarding the studying limitation of advisory Board Members. THE COUNCIL RECONVENED INTO GENERAL SESSION. AGENDA ITEM E.2-NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Weidinger, a second by Councilman Johnson, all voting "Aye", authorized the casting of a vote for Mayor John Dodd to the Texas Municipal League Board of Trustees. AGENDA ITEM NO. C.3-CONSIDER APPOINTMENT OF MAYOR PRO TEM AND TAKE APPROPRIATE ACTION. Councilman Glancy nominated Carol Dingman as Mayor Pro Tem. Councilman Weidinger seconded the nomination. By a 3 to 1 vote the nomination carried. Councilmen Weidinger, Glancy and Blair voted "Aye", Councilman Johnson voted "Nave". AGENDA ITEM NO. E.3 and E.4-NO ACTION NECESSARY. AGENDA ITEM NO. F.1-ADJOURNMENT. A motion by Councilman Weidinger, a second all , adjourned he meeting of by Councilman Blair, April 19, 1982 at Vol. 37, Page 24