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1983-09-19 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING SEPTEMBER 19, 1983 7:30 P.M. COUNCIL CHAMBER POLICE BUILDING The following members of the City Council were present: Mayor Mayor Pro Tem Council Members 1 John Dodd Fred Johnson David Blair Carol Dingman Herb Weidinger Bill Glancy The following members of the City Administration were present: City Manager City Secretary City Attorney Recording Secretary Paul M. West J. W. Wade John Boyle Ruth Ann Parish Mayor Dodd called the City Council meeting of September 19, 1983 to order at 7:30 P.M. AGENDA ITEM NO. A.1-INVOCATION. City of Farmers Branch Police Officer Mark Young gave the invocation through prayer and song. AGENDA ITEM NO. A.2-PLAQUE PRESENTATION TO FARMERS BRANCH POLICE DEPARTMENT HONORING OFFICER L. C. TRIBBLE. Mayor Dodd explained that a plaque had been prepared honoring Officer L. C. Tribble who was killed in the line of duty August 27, 1983 and that the plaque will be displayed in the Police Department lobby. Mayor Dodd recognized the following officers for dedication to their profession and who worked closely with Officer Tribble: Vol. 40, Page 79 1 Capt. Ben James Corp. Harold Sudderth Officer Virgil Rush Officer Kirk Riggs Sgt. Virgil Ellzey Officer Jack Bassham Officer Mark Young Family members of Officer Tribble were recognized. Mayor Dodd recognized Police Chief Roger Robbins who made the presentation along with Mayor Dodd to Mrs. L. C. Tribble. AGENDA ITEM NO. A.3-CONSIDER APPROVING THE ACCEPTANCE OF UP TO ,210.00 FOR THE PURCHASE OF 27 BULLET PROOF VESTS TO BE ISSUED AS GIFTS TO DESIGNATED POLICE PATROL OFFICERS. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Jeff Rogers, Farmers Branch resident and President of Bonanza International, Inc., desires to contribute funds to the City for the purchase of 27 bullet proof vests as gifts to police patrol officers. Donee police patrol officers are those uniformed members of the Patrol Division who do not have a vest in need of replacement who want a vest and would wear one. (Some officers indicated they would wear one on night shift only, and some stated they would not wear one on very hot days.) Due to personal characteristics of vests, they are not conducive to reissue and after purchase would become the per- sonal property of the donees along with the responsibility and expense of cleaning and upkeep. mously. Councilman Blair made a motion to accept the $6,210.00 for the purchase of 27 bullet proof vests as gifts to police patrol offi- cers from Mr. Jeff Rogers. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unani- EMERGENCY ITEM. Councilman Johnson made a motion to include an emergency item titled "Consider Passing A Resolution Condemning The Shooting Down Of Unarmed Passenger Planes And Take Appropriate Action" as Agenda Item No. A.8. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. A.4-RECOGNITION AND PLAQUE PRESENTATION TO JOEL ROBUCK FOR DART BOARD PARTICIPATION. Mayor Dodd presented a plaque to Joel Robuck who has served on the Interim DART Board from its inception through August 1983. The City recognizes Joel for his many hours of dedication and service to the City of Farmers Branch. Vol. 40, Page 80. AGENDA ITEM NO. A.5-CONSIDER ACCEPTANCE OF DONATION OF DELSANTER & ASSOCIATES FOR HISTORICAL MARKER. Mayor Dodd explained that DelSanter & Associates wished to donate $325.00 for the purchase of a Texas Historical Marker for the old R. B. George Estate. The marker will belong to the City and will be placed near the gate at Valley View and Marsh Lane. Mayor Dodd recognized Mr. DelSanter who presented the check for $325.00 to the City of Farmers Branch. Councilman Weidinger made a motion to accept the check for $325.00 for a Texas Historical Marker for the old R. B. George Estate from DelSanter & Associates. Councilwoman Dingman seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. A.6.a-PRESENTATION OF SERVICE AWARDS. Mayor Dodd presented the following City employees with service awards: a. Rosalie Brown of the Police Department a 20 Year Award b. Virgil Rush of the Police Department a 10 Year Award C. Perry Joe Anderson of the Fire Department a 10 Year Award d. Charles Holter of the Department of Public Utilities a 5 Year Award. AGENDA ITEM NO. A.7-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 serving on any of the various advisory boards. No one was present to present an application. AGENDA ITEM NO. A.8-CONSIDER PASSING A RESOLUTION CONDEMNING THE SHOOTING DOWN OF UNARMED PASSENGER PLANES AND TAKE APPROPRIATE ACTION. Mayor Dodd read the resolution expressing support to the national government in condemning the shooting down of unarmed passenger planes. Councilman Johnson made a motion to adopt Resolution No. 83-024. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. Vol. 40, Page 81. AGENDA ITEM NO. B.1-CONSIDER APPROVAL OF MINUTES. Councilwoman Dingman asked for a correction on page 62 of Vol. 40, the sixth paragraph changing the last sentence to read "The motion carried by a 3 to 2 vote". Councilwoman Dingman made a motion to approve the following minutes: a. Regular Meeting of August 15, 1983 with correction on page 62 of Vol. 40. b. Emergency Meeting of August 19, 1983 - 8:15 A. M. C. Emergency Meeting of August 19, 1983 - 5:15 P.M. d. Emergency Meeting of August 23, 1983 - 5:15 P.M. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.1-HEAR REPORT FROM MAYOR'S COMMITTEE ON OVER- LAY PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by recognizing Mr. Steve Edmiston of 14215 Tanglewood. Mr. Edmiston stated that the com- mittee to study the overlay program had performed independent studies on different aspects of paving. He stated that his report suggested that state of the art materials be made available for repair of cement paving and to see if there was a system analysis available based on an objective set of criteria for street improvements. Mayor Dodd recognized Mr. Pat Rice of 14454 Valley Hi Circle. Mr. Rice gave information from his report that included a need for cost effective studies and a priority system for repairing streets. Mayor Dodd recognized Mr. Hank Lucas of 14405 Valley Hi Circle. Mr. Lucas stated that he was in favor of the asphalt overlay of Pebble Beach. He stated that asphalt overlay was an accepted way of renovating streets all over Texas. Mr. Lucas stated that the claims that asphalt overlay would lower property values, track into homes and encourage speeding were unfounded allegations. He stated that the City Council should check with residents whose streets have been overlayed with asphalt. Mr. Lucas asked the City Council to continue with their original plan to asphalt Pebble Beach. Mayor Dodd recognized Councilman Blair. Councilman Blair stated that he had met with Mr. Pat Edmiston and Mr. Steve Rice to discuss the problem of asphalt overlay. He then gave a report on Vol. 40, Page 82. his findings through the research of other cities' methods of handling street improvements. Mayor Dodd accepted the reports and had them filed for record. After discussion, Councilman Blair made a motion that the City Staff come back the first meeting in February with criteria simi- lar to that on Page 3 of Mr. Pat Rice's report. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.2-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A GOLF CART SALES AND SERVICE CENTER AND TAKE APPROPRIATE ACTION. STREET IN THE PD-34 ZONING DISTRICT. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. Tex Carts Inc. is pro- posing to open a golf cart sales and service center at 13337 Bee Street. The applicant has stated that most sales will be to country clubs and approximately 10 to 15% of the sales will be to the general public. The PD-34 zoning district requires a speci- fic use permit for a retail shop. The Planning and Zoning Commission recommends that the specific use permit be approved as requested. Mayor Dodd recognized Mr. Bob Garfield, owner of Tex Carts, Inc. Mr. Garfield was present in behalf of the request. Mayor Dodd asked if there was anyone in the audience wishing to speak in favor of or in opposition to the request. No one spoke. Councilman Johnson made a motion to close the public hearing. Councilman Weidinger seconded the motion with all members voting "aye". The public hearing was closed. Councilman Johnson made a motion to adopt the following captioned Ordinance No. 1455: "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 Golf Cart Sales And Service Center In The PD-34 Zoning District; The Speci- fic Use Permit To Be Issued For The Property Located At 13337 Bee St.; 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". Vol. 40, Page 83. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.3-PUBLIC HEARING: CONSIDER AMENDING THE CITY'S ZONING ORDINANCE BY CLASSIFYING A NEW AND UNLISTED USE AND TAKE APPROPRIATE ACTION. REQUESTED BY JACK FERGUSON FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF IH35E AND VALWOOD PARKWAY IN THE PD-25 ZONING DISTRICT. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. Jack Ferguson is requesting that a "quick oil change and lube facility" be classified as an allowable use in the PD-25 zoning district. The use charts in the City's Zoning Ordinance does not have a classi- fication for this type of use and therefore a building permit cannot be issued for the use until it has been classified within the use charts. Section 8-200 establishes the procedure of classification of unlisted uses. The Planning and Zoning Commission recommends that "quick oil change and lube facility" be classified as an allowable use in the PD-25 zoning district with a specific use permit and be prohibited in all other zoning districts. Mayor Dodd recognized Mr. Jim Beck, owner of the property. Mr. Beck was present in behalf of the request. Mayor Dodd asked if there was anyone present in the audience wishing to speak in favor of or in opposition to the request. No one spoke. Councilman Blair made a motion to close the public hearing. Councilman Glancy seconded the motion with all members voting "aye". The public hearing was closed. After discussion, Councilman Johnson made a motion to adopt the following captioned Ordinance No. 1454: "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 Indicate "Quick Oil Change And Lube Facility" As An Allowable Use In The PD-25 Zoning District With A Speci- fic Use Permit Establishing A Definition Of A Quick Oil Change And Lube Facility; 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 Injunc- tive Relief, And Declaring An Emergency". Vol. 40, Page 84. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.4-PUBLIC HEARING: CONSIDER AMENDING THE CITY'S ZONING ORDINANCE BY CLASSIFYING A NEW AND UNLISTED USE AND TAKE APPROPRIATE ACTION. REQUESTED BY DAVID HAMM FOR THE PROPERTY LOCATED AT 13340 BEE STREET IN THE PD-33 ZONING DISTRICT. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. David Hamm is requesting that wholesale distribution and installation of "automotive after market accessories" be classified as an allowable use in the PD-33 zoning district. The use charts in the City's Zoning Ordinance for PD-33 do not have a classifica- tion for this type of use and therefore a building permit cannot be issued for the use until it has been classified within the use charts. Section 8-200 establishes the procedure of classifica- tion of unlisted uses. The Planning and Zoning Commission recom- mends that the use not be classified as an allowable use in the PD-33 zoning district. Mayor Dodd recognized Mr. David Hamm, 1621 Camera. Mr. Hamm stated that his company installed automotive accessories whole- sale which included pin striping, body side molding, sun roofs and roof racks. He presented photographs to the City Council showing the proposed site and its surrounding area. Mayor Dodd asked if there was anyone present in the audience wishing to speak in favor of or in opposition to the request. No one spoke. Councilman Johnson made a motion to close the public hearing. Councilman Blair seconded the motion with all members voting "aye". The public hearing was closed. After discussion on uses in this area, Councilwoman Dingman made a motion to deny the request that a wholesale distribution and installation of "automotive after market accessories" be classified as an allowable use in the PD-33 zoning district. Councilman Blair seconded the motion with Councilmembers Dingman, Blair, Weidinger and Glancy voting "aye" and Councilman Johnson voting "nay". The motion carried by a 4 to 1 vote. AGENDA ITEM NO. C.5-PUBLIC HEARING: CONSIDER AMENDING THE CITY'S ZONING ORDINANCE BY CLASSIFYING A NEW AND UNLISTED USE AND TAKE APPROPRIATE ACTION. REQUESTED BY BERNIE KLEIN. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. Bernie Klein is Vol. 40, Page 85. requesting that an "Adult Day Care Center" be classified as an allowable use in the City's light industrial zoning district. The use charts in the City's Zoning Ordinance do not have a classification for this type of use and therefore a certificate of occupancy cannot be issued for the use until it has been classified within the use charts. Section 8-200 establishes the procedure of classification of unlisted uses. The Planning and Zoning Commission recommends that the use be classified in the use charts of the City's Zoning Ordinance in the light industrial zoning district with a specific use permit. Mayor Dodd recognized Mr. Bill Blackburn, representing Mr. Bernie Klein. Mr. Blackburn presented the request for an "Adult Day Care Center" in light industrial zoning district without a speci- fic use permit. He stated that the following uses - a day camp, a day nursery or kindergarten school, home for care of alcholic, narcotic or psychiatric patients, nursing home for the aged, park playground or public community center - are uses permitted without specific use permits in a light industrial zoning district. Mr. Blackburn stated that the "Adult Day Care Center" use was comparable to these uses and requested that the use not require a specific use permit. Mayor Dodd recognized Mr. Bernard Klein, 14042 Hay Meadow. Mr. Klein stated that there was an increasing need for senior adult care, especially in the Farmers Branch area. He presented three letters to the Council in support of the request. Mayor Dodd asked if there was anyone else present in the audience wishing to speak in favor of the request. The following spoke. Mayor Dodd recognized Ms. Rosemary McManaman, 13050 Pennystone. Ms. McManaman spoke in favor of the request for an "Adult Day Care Center". Councilman Johnson made a motion to close the public hearing. Councilman Weidinger seconded the motion with all members voting "aye". The public hearing was closed. After discussion concerning state inspections and licensing, the number of people that the facility would serve, the activities involved, the need for the facility and the need for a specific use permit, Councilman Johnson made a motion to adopt the following captioned ordinance: "An Ordinance Of The City Of Farmers Branch, Texas Amending The Comprehensive Zoning Ordinance Of The City Of Farmers Branch, As Heretofore Amended, So As To Indicate "Adult Day Care Center" As An Allowable Use In Vol. 40, Page 86. Light Industrial (LI) Zoning District With A Specific Use Permit, "S", Establishing a Definition Of Adult Day Care Center, Providing A Severability Clause, Providing For Injunctive Relief, Providing A Penalty Of Fine Not To Exceed The Sum Of Two Hundred Dollars ($200.00) For Each Offense, And Declaring An Emergency". Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.6-CONSIDER REQUEST FOR SITE PLAN APPROVAL AND TAKE APPROPRIATE ACTION. REQUESTED BY CALVERT & CO. ARCHITECTS INC. FOR THE PROPERTY LOCATED AT 2373 VALLEY VIEW LANE IN THE nn )a ITT UnUTATn nTOMn TnM Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Calvert & Co. Architects are requesting site plan approval of a 14,520 sq. ft. building for Vanderburg Drafting Supply. Site plan approval is required before permits may be issued. The Planning and Zoning Commission recommends that the site plan be approved with the following conditions: 1. A detailed landscape and irrigation plan be brought back before the Planning and Zoning Commission for approval prior to permits being issued. 2. The existing fire lane/access easement on the west side of the proposed building be relocated to allow a minimum of eighteen (18) ft. lon arking spaces on each side of the easement and a five ~5 ft. sidewalk next to the building. Mayor Dodd recognized Mr. Dick Calvert, representing Vanderburg Drafting Supply. Mr. Calvert was present in behalf of the request. After discussion, Councilwoman Dingman made a motion to approve the request for site plan approval for the property located at 2373 Valley View Lane as recommended by the Planning and Zoning Commission with the two conditions. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.7-CONSIDER REQUEST FOR SITE PLAN APPROVAL AND MAY-5 APPPnDRTAMW. Af!TTnAT 7.nTTVRmTiD R RAT,DWTN_RARRTS FOR THE rnur-nni l UUUATZD AT 'lnr, 1 unTnTiROT UU1114-L1 yr r11!J.i11Lv -U.U V 1J . Z%11L ill 635E IN THE PD-2 O,LI ZONING DISTRICT. Vol. 40, Page 87. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Baldwin-Harris Co. is requesting approval of an amendment to the approved site plan by adding parking on the north side of the proposed parking struc- ture along Villa Creek Drive. Site plan approval is required before permits may be issued for the remaining portion of the project. A building permit has been issued for the office building only. The Planning and Zoning Commission recommends that the site plan be approved with the following conditions: 1. The developer work out with the City Staff the dumpster location, screening and details for the parking struc- tures, exact dimensions of the median cut and left turn lane in Metro Blvd., utility plans for the area, the location of fire lanes, and the platting of the property to include fire lanes and the landscaping along Metro Blvd., so that it is compatible with the Summit Hotel landscaping areas. 2. That,a landscape and irrigation plan be brought back to the Planning and Zoning Commission for approval before a Certificate of Occupancy is issued for the building. 3. Complete Villa Creek Drive to the west to Denton Drive before a Certificate of Occupancy is issued for the building. 4. The City of Farmers Branch work with the City of Dallas to coordinate the traffic signal lights on Josey Lane from LBJ south service road through Maybrook Drive. 5. Prohibit parking along both sides of the east end of Villa Creek Drive in front of the apartments on Josey bane. 6. The Baldwin-Harris Company and Zoecon work with the City of Farmers Branch for an east-west street between Ford Road and Denton Drive along the south city limit line. Mayor Dodd recognized Mr. Ben Armstead, representing Baldwin-Harris Co. Mr. Armstead presented the request for amend- ment to the site plan for the property located at the northeast corner of Metro Blvd. and IH635E. He stated that his company was in agreement with the conditions recommended by the Planning and Zoning Commission. Mr. Armstead displayed a rendition of the landscaping. After discussion, Councilman Johnson made a motion to approve the request for site plan amendment for the property located at the Vol. 40, Page 88. northeast corner of Metro Blvd. and IH635E with the six con- ditions recommended by the Planning and Zoning Commission. Councilwoman Dingman seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.8-CONSIDER REQUEST FOR SITE PLAN APPROVAL AND TAKE APPROPRIATE ACTION. REQUESTED BY CADILLAC FAIRVIEW FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF LUNA ROAD AND IH 35E IN THE PD-22 LI ZONING DISTRICT. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Cadillac/Fairview is requesting approval of an amendment to the approved site plan by adding a 50,000 sq. ft. distribution center at the east end of the project. The site is located in the PD-22 zoning district and site plan approval is required before permits may be issued. The Planning and Zoning Commission recommends that the amended site plan be approved with the following conditions: 1. The property be platted. 2. A detailed landscape and irrigation plan be submitted and approved prior to permits being issued. The land- scape plan to include the top of the proposed distribu- tion center and the top of the parking structure. 3. The dock doors shown on east wall of the distribution center to be setback a minimum distance of 53 feet from the property line along Commerce Drive and the east wall of the parking structure to be setback a minimum of 25 feet from the property line along Commerce Drive. 4. All signs to be approved on a detailed site plan. 5. A minimum of 750 parking spaces to be provided in the eastern most parking structure. iJ Mayor Dodd recognized Mr. Mike Tucker, representing Cadillac/ Fairview. Mr. Tucker stated that their only objection to the conditions recommended by the Planning and Zoning Commission was to the roof landscaping not being feasible in Texas due to the damage done to plants in the intense heat. He explained the pro- posed roof design, the distribution center building structure and the parking structure. After discussion, Councilman Johnson made a motion to approve the amendment to the site plan for the property located at the northeast corner of Luna Road and IH635E with the five conditions recommended by the Planning and Zoning Commission with the second Vol. 40, Page 89. sentence of No. 2 being deleted. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. The City Staff was asked by the Council to review the PD-22 stan- dards and bring the results back to the Council. AGENDA ITEM NO. C.9-CONSIDER REQUEST FOR SITE PLAN APPROVAL AND TAKE APPROPRIATE ACTION. REQUESTED BY SOUTHWESTERN BELL TELE- PHONE FOR THE PROPERTY LOCATED AT 13303 DENTON ROAD IN THE PD-30 ZONING DISTRICT. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Southwestern Bell is requesting site plan approval to allow construction of a 145 ft. high antenna on the property located at 13303 Denton Road. Site plan approval is required before a permit may be issued. The Planning and Zoning Commission recommends that the original site plan be approved pending a ruling from the Zoning Board of Adjustment on a request for a variance from a setback requirement along Rossford Road. Mayor Dodd stated that the Zoning Board of Adjustment had not heard the request and that there was no one present representing the Telephone Co. After discussion, Councilman Weidinger made a motion to table the item until it is heard before the Zoning Board of Adjustment and the Council has a recommendation from the Planning and Zoning Commission. Councilman Glancy seconded the motion with all mem- bers voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.10-CONSIDER REQUEST FOR SITE PLAN APPROVAL AND TAKE APPROPRIATE ACTION. REQUESTED BY ZIMMERMAN SIGN CO. FOR THE PROPERTY LOCATED AT 12825 JOSEY LANE IN THE PD-8 LR-1 ZONING DISTRICT. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Zimmerman Sign Co. is requesting site plan approval to allow a pole sign to be placed 60 ft. from the front property line at 12825 Josey Lane. This proposed sign will replace the existing Goodyear Sign. Zimmerman Sign Co. received a variance from the Zoning Board of Adjustment (height restriction) on July 12, 1983 with the following conditions: 1. The sign be setback 60 ft. from the front property line. 2. The sign shall be no higher than the existing pole sign. n L Vol. 40, Page 90. The Planning and Zoning Commission recommends that the site plan be approved as submitted. Mayor Dodd recognized Mr. Doug Zimmerman of Zimmerman Sign Co. Mr. Zimmerman stated that he was present representing Goodyear. After discussion, Councilman Johnson made a motion to approve the request for site plan approval with the conditions recommended by the Zoning Board of Adjustment. Councilman Blair seconded the motion with all members voting "aye". The motion carried unani- mously. AGENDA ITEM NO. C.11-CONSIDER REQUEST BY CF LBJ PROPERTIES, INC. FOR REPLAT APPROVAL OF PARK WEST, PHASE I, PREVIOUSLY PLATTED AS LBJ LUNA, TRACT "E", AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. This tract of land is located on the northeast corner of the intersection of Luna Road and IH635 (LBJ Freeway). This Developer is replatting this pro- perty in order to obtain four (4) separate lots in lieu of the three (3) that were originally platted as LBJ/tuna, Tract "E". This replat has been reviewed by the Engineering Division and it complies with the City's requirements for replat approval. A Developer's Contract has already been executed for this project. The Planning and Zoning Commission recommends approval of this replat. Mayor Dodd recognized Mr. Mike Tucker, representing Cadillac/ Fairview. Mr. Tucker presented his request for replat approval. After discussion, Councilman Johnson made a motion to approve the replat of Park West, Phase I, previously platted as LBJ/tuna, Tract "E". Councilman Glancy seconded the motion with all mem- bers voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.12-CONSIDER REQUEST FOR DETAILED DEVELOPMENT PLAN APPROVAL AND TAKE APPROPRIATE ACTION. REQUESTED BY BELTWAY DEVELOPMENT FOR THE PROPERTY LOCATED ALONG THE EAST SIDE OF INWOOD ROAD BETWEEN SPRING VALLEY ROAD AND ALPHA ROAD IN T E PD-41 ZONING DISTRICT. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Beltway Development is requesting approval of an amendment to the approved development plan. The applicant is requesting this amendment because the Toll Road Authority relocated the roadway on the south end of the project. Detailed development plan approval is required before permits may be issued. The Planning and Zoning Commission recom- Vol. 40, Page 91. Toll Road Authority relocated the roadway on the south end of the project. Detailed development plan approval is required before permits may be issued. The Planning and Zoning Commission recom- mends that the detailed development plan be approved with the following coniditions: 1. A detailed landscape and irrigation plan be brought back before the Planning and Zoning Commision and City Council for approval if the approved landscape plan is changed. 2. Covenants and restrictions be brought back before the Planning and Zoning Commission and the City Council for approval prior to permits being issued. 3. The parking standards for Phase 3 be brought back before the Planning and Zoning Commission and the City Council for approval as part of detailed development plan appro- val for Phase 3. Mayor Dodd recognized Mr. Daryl Snadon, representing Beltway Development Co. Mr. Snadon stated that he was in agreement with the conditions recommended by the Planning and Zoning Commission. Councilman Weidinger made a motion tht the detailed development plan for the property located at the northeast corner of the intersection of Luna Road and LBJ Freeway be approved with the conditions as recommended by the Planning and Zoning Commission. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. MAYOR DODD ANNOUNCED A BRIEF RECESS. AGENDA ITEM NO. C.13-PUBLIC HEARING ON THE 1983-84 OPERATING BUDGET AND REVENUE SHARING FUNDS AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the public hearing by giving the following information from an Administrative memo. A public hearing on the 1983-84 operating budget and revenue sharing is required by the City Charter and Federal Regulations. Mayor Dodd asked if there was anyone present in the audience wishing to speak on the item. No one spoke. Councilman Johnson made a motion to close the public hearing. Councilman Weidinger seconded the motion with all members voting "aye". The public hearing was closed. There was discussion among Councilmembers concerning the operating budget and revenue sharing for 1983-E4 highlighting Vol. 40, Page 92. areas of interest of increasing the tax rate of 31/2¢ and of leaving the tax rate at 400 per $100 of assessed value. AGENDA ITEM NO. C.14-CONSIDER ORDINANCE NO. 1458 SETTING THE TAX RATE FOR FISCAL YEAR 1983-84 AND TAKE APPROPRIATE ACTION._ Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Ordinance No. 1458 will set the tax rate for fiscal year 1983-84 at $.435 per $100.00 of assessed value on all real and personal property in the city. After discussion, Councilman Weidinger made a motion to amend Ordinance No. 1458 to read the tax rate for fiscal year 1953-84 be set at $.40 per $100.00 of assessed value. Councilman Blair seconded the motion with Councilmembers Weidinger, Blair, Dingman and Glancy voting "aye" and Councilman Johnson voting "nay". The motion carried by a 4 to 1 vote. The budget presented was based on a tax rate of $.435 per $100 of assessed property value. With a tax rate of 400 per $100 of assessed property value, the budget will reflect $16,336,465 for the General Fund, $ 7,575,000 for the Capital Improvement Program Funds, and $6,121,581 for the Utility Fund. AGENDA ITEM NO. C.15-CONSIDER ORDINANCE NO. 1462 INCREASING THE HOTEL MOTEL TAX FROM 4 TO 5 AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by stating that Ordinance No. 1462 will increase the hotel/motel tax from 4% to 5% effective September 30, 1983• Mayor Dodd recognized Mr. Dave Simmons, representing Crowne Plaza and The Summit. Mr. Simmons questioned the use of the tax money and the immediate necessity of it. Mr. Simmons requested that a committee of Hotel Managers be appointed to study with the City Staff the expenditures for advertising and promotional purposes. Councilman Johnson made a motion to adopt the following captioned Ordinance No. 1462: "An Ordinance Amending Ordinance No. 1209 Of The City Of Farmers Branch, Texas, Providing For The Levy Of A Hotel Occupancy Tax By Amending Section 2, Section 4, And Section 7; Providing A Penalty Not To Exceed The Sum Of Two Hundred Dollars ($200.00) And A Separate Offense Shall Be Deemed Committed Upon Each Day During Or On Which A Violation Occurs; Providing A Severability Clause; Providing An Effective Date and Declaring An Emergency". Vol. 40, Page 93. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. Councilwoman Dingman made a motion that the Marketing Department meet with representatives from the hotels/motels to discuss ways that monies might be spent more effectively in advertising and promotion and report back to the City Council. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.16-CONSIDER ORDINANCE NO. 1459 ADOPTING THE OPERATING BUDGET FOR FISCAL YEAR 1985-84 AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by stating that Ordinance No. 1459 will adopt the operating budget for 1983-84. After discussion, Councilman Weidinger made a motion to include $2,670 for the Crime Watch Committee. Councilman Glancy seconded the motion with Councilmembers Weidinger, Glancy and Blair voting "aye" and Councilmembers Johnson and Dingman voting "nay". The motion carried by a 3 to 2 vote. Councilman Weidinger made a motion to adopt the 1983-84 operating budget based on a tax rate of 400 per $100 assessed value by adopting the following captioned Ordinance No. 1459 as amended: "An Ordinance Of The City Of Farmers Branch, Texas Pro- viding Funds For The Fiscal Year Beginning October 1, 1983, And Ending September 30, 1984, By Approving The Budget For Said Period And Appropriating And Setting Aside The Necessary Funds Out Of The General And Other Revenues Of The City Of Farmers Branch For Said Fiscal Year For The Maintenance And Operation Of Various Departments And For Various Activities And Improvements Of The City; And Declaring An Emergency". Councilwoman Dingman seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.17-CONSIDER ORDINANCE NO. 1461 "UPDATING SER- VICE CREDITS" IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Ordinance No. 1461 will update all employees retirement calculations to the average salary received by the employee over the last three years of ser- vice. Retired employee's retirement date adjusted for any pre- Vol. 40, Page 94. vious increases. The estimated savings between the combined Social Security and Texas Municipal Retirement System programs was $238,374. The actual savings for the 1 983- 84 fiscal year will be in excess of $400,000 due to an increase in employees and a slight increase in the social security rate. Passage of this ordinance will not increase the current 10.45% rate of the city- funded retirement program; however this rate will be reduced to only 10.21% should the City Council decide not to provide this update. After discussion, Councilman Johnson made a motion to adopt the following captioned Ordinance No. 1461: "An Ordinance Authorizing And Allowing Under The Act Governing The Texas Municipal Retirement System, "Updated Service Credits" In Said System For Service Performed By Qualifying Members Of Such System Who Presently Are In The Employment Of The City Of Farmers Branch; Providing For Increased Prior And Current Service Annuities For Retirees And Beneficiaries Of Deceased Retirees Of The City; And Establishing An Effective Date For Such Actions". Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. C.18-CONSIDER RESOLUTION APPROVING THE INDUCEMENT AGREEMENT BETWEEN REAL CORPORATION, INCORPORATED AND THE CITY OF FARMERS BRANCH INDUSTRIAL DEVELOPMENT CORPORATION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Real Corporations, Incorporated has filed an application for financing from the Industrial Development Corporation. The Industrial Development Corporation met on September 14, and approved the inducement agreement requested by Real Corporation, Incorporated. Mayor Dodd recognized Mr. Rudy Alveraz, representing Real Corporations, Incorporated. Mr. Alveraz stated that they were requesting $1,500,000. for the acquisiton of equipment and construction of a facility to house the equipment. He stated that the Real Corporations, Incorporated planned to develop the only form, fill, and seal operation for medical and hospital disposable products in this area. After discussion, Councilman Johnson made a motion to adopt Resolution 83-023 approving the inducement agreement between Real Corporation, Incorporated and the City of Farmers Branch Industrial Development Corporation in the amount of $1,500,000. L. Vol. 40, Page 95. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.1-CONSIDER ADOPTING ORDINANCE NO. 1453 GRANTING A SPECIFIC USE PERMIT FOR A NON-DRIVE-IN RESTAURANT WITHOUT OUT- SIDE SALES WINDOW AT 12895 JOSEY LANE IN THE PD-8, LR-1 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The City Council approved a specific use permit for a non-drive-in restaurant without outside sales window for Rafael Sustaita on August 15, 1983, and directed the City Staff to prepare the appropriate amending ordinance. Ordinance No. 1453 grants the specific use permit for a non- drive-in restaurant without outside sales window at 12895 Josey Lane. After discussion, Councilman Blair made a motion to adopt the following captioned Ordinance No. 1453: "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 A PD-8 (LR-1) 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." Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.2-CONSIDER ADOPTING ORDINANCE NO. 1464 AMENDING THE CITY SIGN ORDINANCE CONCERNING GENERAL BUSINESS SIGNS AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The City Council at the August 15, 1983 meeting directed the City Staff to prepare an amending ordinance that would allow temporary general business signs when businesses were under construction. Ordinance No. 1464 has been prepared to permit temporary signs. After discussion, Councilwoman Dingman made a motion to adopt the following captioned Ordinance No. 1464: Vol. 40, Page 96. "An Ordinance Amending The City Code Of The City Of Farmers Branch, Texas, By Amending Chapter 3, Article III Relating To Advertising Signs By Amending Division 1, Section 3-38; Providing A Penalt Not To Exceed The Sum Of Two Hundred Dollars ($200.00 And A Separate Offense Shall Be Deemed Committed Upon Each Day During Or On Which A Violation Occurs; Providing A Severability Clause; Providing An Effective Date And Declaring An Emergency". Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.3-CONSIDER ORDINANCE NO. 1465 ESTABLISHING RULES AND REGULATIONS GOVERNING NEWSPAPER BOXES AND TAKE APPRO- PRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Ordinance No. 1465 is being proposed due to the recent actions of various newspaper companies in the Dallas/Ft. Worth area. The newspaper companies have expressed their interest to place newspaper boxes, racks or stands on City sidewalks or other public places. Mayor Dodd recognized City Attorney John Boyle. Mr. Boyle stated that newspaper racks were being set up on the public right-of-way and Ordinance No. 1465 had been written to prevent encroachments and obstructions on the streets, sidewalks and other public grounds. After discussion, Councilman Blair made a motion to adopt the following captioned Ordinance No. 1465: "An Ordinance Establishing Rules And Regulations Govern- ing Newspaper Boxes On Streets, Right-Of-Ways, And Other Public Places Within The City; Regulating The Size And Appearance Of Newspaper Boxes; Regulating The Location Of Newspaper Boxes; Providing For A Fee And Indemnity Agreement For The Placement Of Newspaper Boxes; Provid- ing For The Relocation Of Newspaper Boxes Which Pose A Danger To The Public; Providing Notice; Providing A Penalty Not Less Than One Dollar Nor More Than Two Hun- dred Dollars, And That Each Day The Violation Continues Shall Constitute A Separate Offense; Providing A Sever- ability Clause; And Declaring An Emergency And Effective Date". Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. Vol. 40, Page 97. AGENDA ITEM NO. D.4-CONSIDER ORDINANCE NO. 1456 ABANDONING ALL-OF EDNA LANE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Tomlin Properties has requested that the City Staff abandon all of Edna Lane. Tomlin Properties is making this request to prepare their tract of land for future platting. The City Staff recommends that this right- of-way be abandoned as a street right-of-way and return this pro- perty to the Tax Rolls as taxable property. After discussion, Councilman Blair made a motion to adopt the following captioned Ordinance No. 1456: "An Ordinance Of The City Of Farmers Branch, Texas, Abandoning All Of Edna Lane Which Is No Longer Needed Or Necessary For Public Street Purposes; Providing That Such Abandonment Shall Be In Favor Of The Owner Of The Abutting Properties; Providing That Such Abandonment Shall Be Insofar As Applicable To The Public Right, Title And Interest In Such Roadway For Street Purposes Only; Providing That Such Abandonment Shall Not In Any Way Affect The Right Of Any Public Utility Located In Such Roadway; And Declaring An Emergency". Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.5-CONSIDER ORDINANCE NO. 1457 ABANDONING A POR- TION OF DENTON DRIVE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The final plat for 135 Business Park was approved by the City Council on June 20, 1983• The final plat dedicated twenty feet (201) of additional right- of-way on Denton Drive adjacent to the southern portion of this addition to be in accordance with the Thoroughfare Plan require- ments. This plat also indicated that the City of Farmers Branch would abandon a twenty foot (201) wide area of existing right-of- way on Denton Drive adjacent to the northern portion of the addi- tion. The right-of-way width of Denton Drive will be eighty feet (801) after this section is abandoned. The City Staff recommends that this right-of-way be abandoned as a street right-of-way and return this property to the Tax Rolls as taxable property. After discussion, Councilman Weidinger made a motion to adopt the following captioned Ordinance No. 1457: Vol. 40, Page 98. "An Ordinance Of The City Of Farmers Branch, Texas, Abandoning A Portion Of Denton Drive Which Is No Longer Needed Or Necessary For Public Street Purposes; Provid- ing That Such Abandonment Shall Be In Favor Of The Owner Of The Abutting Properties; Providing That Such Abandon- ment Shall Be Insofar As Applicable To The Public Right, Title And Interest In Such Roadway For Street Purposes Only; Providing That Such Abandonment Shall Not In Any Way Affect The Right Of Any Public Utility Located In Such Roadway; And Declaring An Emergency". Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.6-CONSIDER ALTERNATIVES FOR ADDITIONAL CITY OFFICE SPACE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. City of Farmers Branch needs additional office space. The City Staff has investigated numerous solutions to this problem. There are three (3) alter- natives which could result in a solution to the problem: 1. Accepting one or two portable buildings from Otis Engineering and relocating them behind City Hall. 2. Purchase additional buildings adjacent to City Hall. 3. Lease office space that exists near City Hall. The City Staff recommends accepting the portable buildings from Otis Engineering and do the necessary rennovation work. After discussion, Councilman Johnson made a motion to table the item until the next City Council meeting. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.7-CONSIDER RESOLUTION NO. 83-022 NOMINATING A MEMBER TO THE DALLAS COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Mayor Dodd opened the discussion by stating that Resolution No. 83-022 nominating a member to the Dallas County Appraisal District Board of Directors had been prepared. Councilman Johnson made a motion to move the item to the Executive Session discussion. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unani- mously. Vol. 40, Page 99. AGENDA ITEM NO. D.8-CONSIDER CONTRACT RENEWAL WITH TEXAS MUNICIPAL LEAGUE WORKER'S JOINT INSURANCE FUND FOR WORKERS' COMPENSATION AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The TML Worker's Compensation Joint Insurance Fund was established nine years ago to provide Worker's Compensation for member governmental agen- cies. The City of Farmers Branch has been a member of the fund since it began and has saved the following by joining the fund: 1. Fund Discounts $225,725 2. Dividends $132,934 The City Staff would anticipate further dividends from prior years. The current dividend for 1983 was $33,143. The contract with the Joint Fund expires on 1 0-1 -83. The City Staff is asking the City Council for authorization to renew the contract for a three year period. The Joint Fund has just received bids for servicing, excess insurance and stop loss coverage. The new low bidder for these services will be Johnson & Higgins of Texas, Inc. The TML has estimated due to the new low bid, an additional savings for the fund to be approximately $1 million over the life of the contract. This savings will be an additional savings to fund members. After discussion, Councilman Johnson made a motion that the City Manager be authorized to renew the contract with TML Worker's Compensation Joint Insurance Fund for a three year period. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.9-CONSIDER AUTHORIZING THE CITY MANAGER TO Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Turner, Collie and Braden, Inc. consulting engineers for the Marsh Lane Paving Project, have submitted Change Order Nos. 5 and 6 for consideration. Change Order No. 5 is an addition to the Contract in the total amount of $9,912.00 and is for the costs of a subgrade underdrain for the east side of the roadway between Pebble Beach Drive and Spring Valley Road. Change Order No. 6 is a deduction to the Contract in the amount of $443.00 for changes to the culvert at Rawhide Creek when the roadway was widened on the west side. Change Order No. 5 would add three (3) calendar days to the Contract, making the Contract completion date September 13, 1983• Vol. 40, Page 100. Mayor Dodd recognized City Manager Paul West. Mr. West asked that the City not participate in the cost of Change Order No. 5 because the underdrain was required as part of the roadway construction and not the storm drainage system. After discussion, Councilman Johnson made a motion that Change Order No. 6 be approved to the Marsh Lane Paving Project. Councilman Weidinger seconded the motion with Councilmembers Johnson, Weidinger, Dingman and Blair voting "aye" and Councilman Glancy voting "nay". The motion carried by a 4 to 1 vote. AGENDA ITEM NO. D.10-CONSIDER AUTHORIZING CHANGE ORDER NO. 1 TO THE CONTRACT FOR THE CONSTRUCTION OF THE 24" WATER LINE ALONG COOKS CREEK ACROSS I.H.35E AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The original design on this Project provided for making the new twenty-four inch (24") line connection to the existing sixteen inch (1611) main in Denton Drive at a particular location. When this location was uncovered in the field, it was found to be covered with a large amount of concrete creating the necessity for changing the connection loca- tion. This Change Order provides for making the connection at a new location. It is necessary to add ninety-seven (97) linear feet of pipe and an additional twenty-four inch (24") valve to make this connection. This Change Order also provides for deleting two (2), four and one-half foot (4.5) diameter manholes and eleven (11) linear feet of estimated additional depth for the manholes. The total amount of the change is $12,210.00. The City Staff recommends that this Change Order be approved in the amount of $12,210.00 for a revised Contract amount of $453,270-00 and no additional Contract time. After discussion, Councilman Johnson made a motion that the Change Order be approved to the contract for the Cooks Creek waterline in the amount of $12,210.00 for a revised Contract amount of $453,270.00 and no additional Contract time. Councilman Weidinger seconded the motion with Councilmembers Johnson, Weidinger, Dingman and Glancy voting "aye" and Councilman Blair voting "nay". The motion carried by a 4 to 1 vote. AGENDA ITEM NO. D.11-CONSIDER AUTHORIZING CHANGE ORDER N0.4 TO THE CONTRACT FOR THE CONSTRUCTION OF THE VALWOOD PARK LIFT STATION AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Red River Construction Co., the Contractor on the Valwood Park Lift Station project, has sub- Vol. 40, Page 101. mitted a request for Change Order No. 4 increasing the contract time on the project by fort -two (42) days. Red River is requesting twenty-eight (28~ days due to the late delivery of electrical equipment and fourteen (14) days due to delays in Texas Power and Light connecting the power. The contract time was suspended on the project as of July 13, 1983 the day the Lift Station became operational. At this date the project was thirty- one (31) days over the contract time. Liquidated damages are provided in the Contract at $125.00 per day. (31 days X $125.00= $3,875.00). The City Staff recommends granting a fourteen (14) day extension to the contract time due to the Texas Power and Light delay in connecting the power, but no extension due to late delivery of the Contractor's electrical equipment. Granting the fourteen (14) day extension will reduce contract time overrun from thirty-one (31) days to seventeen (17) days and provide liquidated damages of (17 X $125.00) $2,125.00. Mayor Dodd recognized Mr. Dan Carter, representing Red River Construction. Mr. Carter stated that when his company bid on the contract they changed it to read calendar days instead of working days and that there might be a delay due to the obtainment of certain equipment. After discussion, Councilman Johnson made a motion that Change Order No. 4 to the Contract for the construction of the Valwood Park Lift Station be approved with a 14 day extension and liquidated damages waived. Councilman Blair seconded the motion with Councilmembers Johnson, Blair, Dingman and Weidinger voting "aye" and Councilman Glancy voting "nay". The motion carried by a 4 to 1 vote. AGENDA ITEM NO. D.12-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR PHASE I OF THE FARMERS BRANCH PARK. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The Parks and Recreation Department requests permission to advertise for bids for Phase I of Farmers Branch Park. Phase I will include grading, drainage, irrigation, turf, fencing, lighting, conduit and irrigation and lighting switch house. In the 1982-83 Capital Improvement Budget $600,000 in bond funds was allocated for this project. Estimated cost for the first phase is $350,000. After discussion, Councilman Weidinger made to authorize the advertisement for bids for Farmers Branch Park. Councilman Johnson seconded the motion with Councilmembers voting "aye". The motion carried unanimously. Vol. 40, Page 102. AGENDA ITEM NO. D.13-CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR A REPLACMENT SCRAPER AND A COMPACTOR FOR THE LANDFILL DIVISION AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. The proposed Landfill Division budget includes a request to replace an existing land- fill compactor and an existing scraper. The compactor is a 1975 model machine and the scraper is a 1974 model. Prompt replace- ment will keep maintenance costs on this old equipment to a mini- mum amount of the money in the budget. It is requested that permission be authorized to advertise for bids at this time because of the long time for delivery of the replacement units. After discussion, Councilman Johnson made a motion to authorize the advertisement for bids for a replacement scraper and a com- pactor for the landfill division. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.14-CONSIDER AWARDING THE BID FOR THE CONSTRUC- TION F HEARTSIDE PLACE AND BRAEMAR DRIVE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Bids were received at 1:30 P.M. on Tuesday, September 13, 1983 for the paving reconstruction of Heartside Place and Braemar Drive. There were five (5) bids received with the lowest bid from Glen Thurman, Inc. in the amount of $256,054.30. Funds are allocated in the Capital Improvements Program for this project in the amount of $300,000.00. The City Staff recommends that the bid be awarded to Glen Thurman, Inc. in the amount of $256,054.30 for the construction of Heartside Place and Braemar Drive. After discussion, Councilman Weidinger made a motion to award the bid for construction of Heartside Place and Braemar Drive to Glen Thurman, Inc. in the amount of $256,054.30. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.15-CONSIDER AWARDING THE BID FOR THE CONSTRUC- TION OF THE RAWHIDE PARK JOGGING PATHWAY AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Bids were received at 2:00 P.M. on Tuesday, September 13, 1983 for the construction of an asphalt jogging path around Rawhide Park between Longmeade Drive Vol. 40, Page 103. and Josey Lane. There were five (5) bids received with the lowest bid from Souter Asphalt Paving in the amount of $27,556.00. The City Staff recommends that the bid for asphalt jogging path be awarded to Souter Asphalt Paving in the amount of $27,556-00. After discussion, Councilman Glancy made a motion to award the bid for asphalt jogging path to Souter Asphalt Paving in the amount of $27,556.00. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. D.16-CONSIDER AWARDING THE BID FOR THE CONSTRUC- TION OF REPLACEMENT LIGHTING ON I.H.35E AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following infor- mation from an Administrative memo. Bids were received at 10:00 A.M. on Tuesday, September 13, 1983 for the construction of replacement lighting for I.H.35E. Plans were sent to seven contractors. Only one bid was received, that from Mel's Electric in the amount of $64,506.00. Funds are budgeted in the current Street Division budget in the additional funds required to award this Contract be obtained from the unallocated funds orginally planned for the Street Reconstruction Project. Funds in the amount of $300,000.00 are included in the current budget for the Street Reconstruction Project and the low bid received is $256,054.30. The City Staff recommends that the bid for the construction of replacement lighting for I.H.35E be awarded to Mel's Electric in the amount of $64,506.00. After discussion, Councilman Johnson made a motion to award the bid for the construction of replacement lighting for I.H.35E to Mel's Electric in the amount of $64,506.00. Councilman Weidinger seconded the motion with Councilmembers Johnson, Weidinger and Dingman voting "aye" and Councilmembers Blair and Glancy voting "nay". The motion carried by a 3 to 2 vote. AGENDA ITEM NO. D.17-CITIZEN PARTICIPATION. Mayor Dodd recognized Mr. John Wells, 13521 Heartside. Mr. Wells stated that he wanted to thank the City Council for keeping the tax rate at a minimum. 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 Vol. 40, Page 104. 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 Discuss Item D.7 "Consider Resolution No. 53-022 Nominating A Member To The Dallas County Appraisal District Board of Directors". b. Discuss Land Acquisition C. Discuss Pending and Contemplated Litigation THE COUNCIL RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2-CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Councilman Glancy made a motion to send the appropriate resolu- tion nominating Tom Landrum to the Dallas County Appraisal District Board of Directors. Councilman Blair seconded the motion with all members voting "aye". The motion carried unani- mously. Councilman Weidinger made a motion to appoint and ratify the following people to the Forward Farmers Branch Citizen Task Force: Jim Gales Don Harrington Nancy Lundworth Shane Jackson Financial Alternatives Infrastructure Infrastructre Transportation Councilman Glancy seconded the motion with all members voting "aye". Councilman Johnson made a motion that the City Manager's compen- sation for the next fiscal year be set at $60,500 per annum. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. Vol. 40, Page 105. AGENDA ITEM NO. E.3-CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. No action necessary. AGENDA ITEM NO. E.4-CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. No action necessary. AGENDA ITEM NO. F.1-ADJOURNMENT. Councilman Johnson made a motion to adjourn the meeting. Councilman Glancy seconded the motion with all members voting "aye". The motion carried. The meeting of September 19, 1983 was adjourned at 1:28 P.M. 1 Z L> i,`,G'" City ecretary ~I L JI Vol. 40, Page 106.