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1982-11-01 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL MINUTES OF A REGULAR MEETING NOVEMBER 1, 1982 7:30 P.M. COUNCIL CHAMBER POLICE BUILDING The following members of the City Council were present: Mayor Mayor Pro Tem Council Members John Dodd Carol Dingman David Blair Fred Johnson Bill Glancy Herb Weidinger 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 November 1, 1982 to order at 7:30 P.M. The meeting was televised. AGENDA ITEM NO. A.1-INVOCATION. Councilman Fred Johnson gave the invocation. AGENDA ITEM NO. A.2-RECOGNIZE VISITORS FROM SISTER CITY, BASSETLAW, VATr_T A TTn Mayor Dodd recognized the Sister City visitors from Bassetlaw, England. He presented a duplicate achievement certificate to Counsel Dennis Wells from the Ford Foundation received at the International Sister City Conference. Jack Ashmore presented Mayor Dodd and Mayor Pro Tem Dingman each with a piece of pottery that had been made in Bassetlaw, England. Mayor Dodd recognized the following individuals from the Bassetlaw delegation: Dennis and Ivy Wells, John Prior, Jack Ashmore, Daisy Bint, Mathew and Catherine Haycock and William Maule. Vol. 38, Page 40. AGENDA ITEM NO. A.3-PRESENTATION OF APPRECIATION TO RAMONA UPFIELD, CHAIRMAN OF SISTER CITY COMMITTEE. Mayor Dodd presented an appreciation award to Ramona Upfield for instituting our Sister City program with Bassetlaw, England. MAYOR DODD RECOGNIZED BILL FL EMING . Mayor Dodd recognized Mr. Bill Fleming, of 12926 Mitchwin. Mr. Fleming reported the success of the Regional Convention of the Disabled Veterans held in Farmers Branch. Mr. Fleming recognized the helpful work of the Administration and Marketing Departments. AGENDA ITEM NO. B.1-PRESENTATION OF SERVICE AWARDS. Mayor Dodd presented John Porterfield, of the Public Works Department, a 5 year service award. Mayor Dodd presented Truman Cowan, of the Sanitation Division, a 5 year service award. AGENDA ITEM NO. B.3-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. The following pre- sented applications. Douglas Abbott, 14516 Dennis Council desiring to serve on Carl Heckt, 4070 Valley View Council desiring to serve on Tom Denton, 14217 Coral Harb Council desiring to serve on Lane, presented an application to the the Drainage Study Committee. Lane, presented an application to the the Planning and Zoning Commission. Dur, presented an application to the the Drainage Study Committee. Tom Leahey, 14616 Southern Pines, presented an application to the Council desiring to serve, as first choice, on the Planning and Zoning Commission and, as second choice, on the Zoning Board of Adjustments. AGENDA ITEM NO. B.1-CONSENT ITEMS. Mayor Dodd explained that under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the Council or member of the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is being established in order to speed up discussion for those items that need more time for discussion. Vo. 38, Page 41. Councilman Blair requested that Items B.1.c, B.1.i, B.1.j, B.1.k, B.1.1 and B.1.m be removed from the Consent Items. Councilman Glancy made a motion, Councilman Weidinger seconding, all voting "aye", that the following consent items be approved. a. Approved the minutes of the October 18, 1982 regular meeting. b. Approved the following captioned Ordinance No. 1411: "An Ordinance Of The City Of Farmers Branch, Texas Amending Ordinance The Comprehensive Zoning Ordinance Of The City Of Farmers Branch, Texas, As Heretofore Amended, So As To Desig- nate Tracts 1, 2 And 3 Of Abstract 1156 And Tracts 97 And 98 Of Abstract 733 As Historical Landmark Sites; Providing For A Penalty Of Fine Not To Exceed The Sum Of Two Hundred ($200.00) Dollars For Each Offense; Providing A Severability Clause; Providing For Injunctive Relief; and Declaring An Emergency". d. Authorized the advertisement for bids for Hot Mix Asphaltic Concrete and Portland Cement Concrete for the Street Division. e. Authorized the advertisement for bids for One Year's Supply of Water Meters and Strainers for the Department of Public Utilities. f. Authorized the advertisement for bids for One Glass Bead Cleaning Machine for the Department of Public Utilities. g. Authorized the advertisement for bids for Refuse Sacks for the Sanitation Division. h. Authorized the advertisement for bids for Pipe and Pipe Fittings for the Water Main Replacement Program. EMERGENCY ITEM DECLARED Councilman Weidinger made a motion that an emergency Item No. C.8- "Consider Request From Texas Air Control Board For Comments Regarding Proposal To Construct a Baghouse At 1880 Valley View Lane And Take Appropriate Action" be placed on the agenda. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. B.2-CONSIDER ACCEPTANCE OF DONATION FOR RECREATION CENTER FROM THE FARMERS BRANCH GIRLS GYMNASTICS ORGANIZATION. Vol. 38, Page 42. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The Farmers Branch Girls Gymnastics Organization would like to present to the Mayor a Califone Sound System, valued at over $600.00, for use at the Recreation Center. The sound system consists of the following items: a. Cassette recorder/player. b. Phonograph/amplifier/P.A. system. C. Microphone. d. Audio-visual cart. The intent of the donation is for the gymnastics team to have a sound system for gymnastics meets which are held at the Recreation Center. The team will also be able to use the sound system at daily practice. The system's versatility will allow it to be used for a variety of special events and activities held at the Recreation Center. Mayor Dodd recognized Dr. Richard Curry, 14410 Cyprus Point. Dr. Curry presented the sound system to the City on behalf of the Farmers Branch Girls Gymnastics Organization. Councilman Weidinger made a motion to accept the donation. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. B.1.c.-CONSIDER ORDINANCE NO. 1412 REGULATING BLOCKING OF INTERSECTIONS AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion with the following information from an Administrative memo. As requested, the City Staff has prepared an Ordinance that would provide for the enforcement of "Do Not Block Intersection" signs. The City Staff recommends that the "Do Not Block Intersection" signs remain as an advisory sign and that no Ordinance be passed providing for the enforcement of these signs. There was discussion among Council members as to the need for enforce- ment of "Do Not Block Intersection" signs and the difficulty of proving the deliberate blocking of an intersection. It was suggested that a careful inventory of the major intersections be made and post "Do Not Block Intersection" signs where needed. Councilman Blair made a motion to deny approval of Ordinanace #1412 regulating the blocking of intersections. Councilwoman Dingman seconded the motion with Councilmembers Blair, Dingman, Johnson and Glancy voting "aye" and Councilman Weidinger voting "nay". The motion carried by a 4 to 1 vote. ITEM NO. B.1.i.-CONSIDER AWARDING THE BID FOR AERIAL BUCKET TRUCK AND TAKE APPROPRIATE ACTION. Vol. 38, Page 43. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The City mailed three (3) bid packets by Registered Mail. All three (3) return receipts have been received. A total of two (2) bids were returned and opened. Funds have been budgeted in the General Budget in the amount of $50,000.00. The City Staff recommends that the bid for an aerial bucket truck be awarded to Commercial Body Corporation in the amount of $45,642.00. Councilmembers discussed replacement of the old aerial bucket truck for a new truck to maintain the City's traffic signal system. It was suggested that the old equipment be auctioned or sold for scrap. Councilman Blair made a motion to award the bid for an aerial bucket truck to Commercial Body Corp. in the amount of $45,642.00 and adver- tise and sell for scrap the old equipment. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. B. 1 . j.-CONSIDER AWARDING THE BID FOR ONE GREEN GRABBER AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The City mailed six bids by registered mail. Six return receipts have been received. A total of four (4) bids were returned and opened. Peterson Industrial Machines was the lowest and best bid in the amount of $45,837.50 and a delivery time of 90 days. Funds in the amount of $38,500.00 are included in the budget for this item. The additional funds needed are available in the budget due to the bids on the residential trucks being less than the budgeted amount. Councilman Weidinger made a motion to award the bid for a green grabber unit to Peterson Industrial Machines in the amount of $45,837.50. Councilman Johnson seconded the motion with Councilmembers Weidinger, Johnson, Blair and Glancy voting "aye" and Councilwoman Dingman voting "nay". The motion carried by a 4 to 1 vote. Councilwoman Dingman made a motion that the City Staff supply the Council with a cost study on the running of the green grabber unit. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. B.1.k.-CONSIDER AWARDING BID FOR TRACTOR AND FLAIL MOWER FOR THE PARKS DIVISION AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Bid requests were mailed to five vendors with four vendors responding, Trinity Equipment, Colonial Motors, Vol. 38, Page 44. H. L. Peterson and Ben Griffin. Trinity Equipment submitted a No Bid. H. L. Peterson submitted the low bid meeting specifications for the 1983 mowing tractor in the amount of $16,355.04. Ben Griffin sub- mitted the low bid meeting specifications for the right hand mount Mott flail mower in the amount of $8,578.00. In the 1982-83 budget $25,677.00 was budgeted for the purchase of this equipment. The total bid came to $24,933.04. Mayor Dodd recognized City Manager Paul West. Mr. West stated that there was an error in the specifications for the mowing tractor and requested that all bids for the mowing tractor be rejected and the tractor be rebid. He requested that the flail mower be awarded to the low bidder. Councilman Johnson made a motion to reject all bids for the mowing tractor, send a letter of explanation to the vendors and award the bid for flail mower to Ben Griffin in the amount of $8,578.00. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. B.1.1.-CONSIDER AWARDING THE BID FOR RIDING MOWER WITH TRAILER FOR THE PARKS DIVISION AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Bid requests were mailed to seven ven- dors with four vendors responding, Goldthwaites, Colonial Motors, Watson Distributing Company and H. L. Peterson. A No Bid was sub- mitted by H. L. Peterson. Goldthwaites is the only vendor meeting specifications and submitted a bid in the amount of $9,050.00 for a 1983 riding mower with trailer. In the 1982-83 budget, $9,900.00 was approved for the purchase of this equipment. Mayor Dodd recognized the Director of the Parks and Recreation Department, John Burke. Mr. Burke stated that the mower being replaced had given unsatisfactory performance due to a large amount of down-time and costly maintenance. He stated that the City Staff was recommending the 1983 riding mower with trailer bid on by Goldthwaites in an effort to improve the efficiency of mowing the City's parks. After some discussion, Councilman Johnson made a motion to award the bid for a riding mower to Goldthwaite's in the amount of $9,050.00. 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. ITEM NO. B.1.m.-CONSIDER AWARDING THE BID FOR ONE TANDEM AXLE DUMP TRUCK AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The City mailed nine bids by registered Vol. 38, Page 45. mail. Nine return receipts have been received. A total of four (4) bids were returned and opened. Friendly Chevrolet was the lowest and best bid in the amount of $41,554.00 and a delivery date of 90 to 120 days. Funds are included in the budget for this unit in the amount of $50,000.00. After some discussion, Councilman Weidinger made a motion to award the bid for one tandem axle dump truck to Friendly Chevrolet in the amount of $41,554.00. Councilman Johnson seconded the motion with all mem- bers voting "aye". The motion carried unanimously. ITEM NO. C.1-CONSIDER PASSAGE OF AN ORDINANCE AUTHORIZING ISSUANCE OF $1,500,000.00 CITY OF FARMERS BRANCH, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Bids for the sale of the $1,500,000.00 in G.O. and Revenue Certificates of Obligation were opened this date by the Director of Finance and the Fiscal Agent. The bids were tabu- lated and presented to the City Council. The City has received a rating of Aa on these C.O.'s from Moody's Investor Services. There was discussion of using the money for the C.I.P. and whether there was a need to sell the bonds. Mayor Dodd recognized David Mednich, representing Great Southwest Company. Mr. Mednich stated that the Council must make a decision whether to accept or reject the bids on this date. After further discussion and a suggestion from the Council that more support information be given in the future, Councilman Johnson made a motion to authorize the sale of the $1,500,000.00 in C.O.'s be awarded to Inter-First, Payne Webber with an interest rate of 7.1366%. Councilman Weidinger seconded the motion with Councilmembers Johnson, Weidinger and Blair voting "aye" and Councilmembers Dingman and Glancy voting "nay". The motion carried by a 3 to 2 vote. ITEM NO. C.2-HEAR AND CONSIDER A REQUEST FROM THE ECONOMIC DEVELOPMENT COMMITTEE OF THE FARMERS BRANCH BUSINESS CHAMBER OF COMMERCE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The Farmers Branch Business Chamber of Commerce has requested that this item be placed on the agenda. Mayor Dodd recognized Bill Binford, Chairman of the Economic Development Committee. Mr. Binford presented a request for funds for brochures and pamphlets for promoting the City of Farmers Branch that would be paid from the hotel/motel revenue tax fund in the amount of $26,000.00. Vol. 38, Page 46. After some discussion as to whether a brochure promoting the City of Farmers Branch could be utilized by both the City and the Chamber of Commerce, Councilwoman Dingman made a motion to refer the item to City Staff to work out the details with the Farmers Branch Business Chamber. Councilman Blair seconded the motion with an amendment to bring the item back at the next meeting. The amendment was accepted with all members voting "aye". The motion carried unanimously. ITEM NO. C.3-PUBLIC HEARING: CONSIDER REQUEST TO CHANGE THE ZONING ON A 6.809 ACRE TRACT OF LAND AND A 2.174 ACRE TRACT OF LAND FROM ITS CURRENT ZONING OF LIGHT INDUSTRIAL TO A PLANNED DEVELOPMENT ZONING DISTRICT AND ANY OTHER DISTRICT WHICH IS MORE RESTRICTED BY REASON OF LAND USE AND HEIGHT. REQUESTED BY SUMMERS-WILLIAMS INVESTMENTS, INC. FOR THE PROPERTY LOCATED AT 13555 AND 13595 INWOOD ROAD IN A LIGHT INDUSTRIAL ZONING DISTRICT. Mayor Dodd announced that the applicant has requested that this item be withdrawn from the agenda. The Planning and Zoning Commission accepted the applicant's withdrawal and therefore, no action is required on this item by the Council. ITEM NO. C.4-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A NON-DRIVE-IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW. REQUESTED BY JACKSON MANU- FACTURING, INC. FOR THE PROPERTY LOCATED AT 4445 MCEWEN IN A LIGHT INDUSTRIAL ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd announced that the applicant appeared before the Planning and Zoning Commission October 25, 1982 and requested that the item be withdrawn from the agenda. The Planning and Zoning Commission accepted the withdrawal unanimously and therefore, no action is required on this item by the Council. ITEM NO. C.5-PUBLIC HEARING: CONSIDER REQUEST TO AMEND THE CITY'S ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT FOR A PRIVATE CLUB. REQUESTED BY JACKSON MANUFACTURING, INC. FOR THE PROPERTY LOCATED AT 4445 MCEWEN IN A LIGHT INDUSTRIAL ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd announced that the applicant appeared before the Planning and Zoning Commission October 25, 1982 and requested that the item be withdrawn from the agenda. The Planning and Zoning Commission accepted the withdrawal unanimously and therefore, no action is required on this item by the Council. ITEM. NO. C.6-CONSIDER REQUEST FOR SITE PLAN APPROVAL. REQUESTED BY UNITED NOTIONS FOR THE PROPERTY LOCATED ON THE EAST SIDE OF HUTTON DRIVE AT LANDRY DRIVE IN THE PD-22 (LI) ZONING DISTRICT. Vol. 38, Page 47. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. United Notions is proposing to construct a 69,523 sq. ft. two (2) story office/warehouse building on the pro- perty located on the east side of Hutton Drive at Landry Drive. Site plan approval is required before a building permit can be issued. The Planning and Zoning Commission recommends to the Council that the site plan be approved with the following conditions: 1. The property needs to be platted. 2. The site plan indicates a fourty-five (45) ft. front yard setback instead of the fifty (50) ft. setback required by the PD-22 standards. 3. The two rows of parking by the dock doors need to be a mini- mum of 180 sq. ft. (9 x 20) or (10 x 18). 4. Four (4) truck berths are required (10' x 451). 5. The proposed dumpster location needs to be relocated for easy access. 6. Indicate median layout of Hutton Drive on the site plan. 7. Indicate Floor Area Ratio on the site plan. Mayor Dodd recognized Mr. John Wright, representative of United Notions. Mr. Wright stated that his company was agreeable to the seven conditions proposed by the Planning and Zoning Commission. After some discussion, Councilman Blair made a motion to approve the site plan for United Notions as recommended by the Planning and Zoning Commission with the seven conditions. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. C.7-CONSIDER REQUEST FOR SITE PLAN APPROVAL. REQUESTED BY COMMERCIAL SIGN ASSOCIATES FOR THE PROPERTY LOCATED AT 13350 JOSEY LANE IN THE PD-6 (LR-1) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Commercial Sign Associates is proposing to construct a pole sign on the property located at 13350 Josey Lane in the PD-6 (LR-1) zoning district. Site plan approval is required before permits can be issued. The Planning and Zoning Commission recommends to Council that the request be approved as submitted. Councilman Weidinger made a motion to approve the site plan for a pole sign on the property located at 13350 Josey Lane. Councilman Glancy seconded the motion. Vol. 38, Page 48. Councilmembers discussed the absence of the representatives of Commercial Sign Associates and the height of the pole sign. Councilman Johnson made a substitute motion to table the item and request that the appropriate representatives be present to discuss the advantages or disadvantages of the height of the pole sign. Councilman Weidinger seconded the motion with Councilman Johnson and Councilman Weidinger voting "aye" and Councilmembers Dingman, Blair and Glancy voting "nay". The substitute motion failed 3 to 2. Mayor Dodd restated Councilman Weidinger's motion to approve the site plan as recommended by the Planning and Zoning Commission for a pole sign on the property located at 13350 Josey Lane. Councilman Glancy seconded the motion with Councilmembers Weidinger, Glancy and Dingman voting "aye" and Councilman Johnson and Councilman Weidinger voting "nay". The motion carried by a 3 to 2 vote. ITEM NO. C.8-CONSIDER REQUEST FROM TEXAS AIR CONTROL BOARD FOR COM- MENTS REGARDING PROPOSAL TO CONSTRUCT A BAGHOUSE AT 16H VALLEY VIEW LANE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. Gould, Inc., located at 1880 Valley View Lane has made application to the Texas Air Control Board for a permit to construct a grid casting baghouse at their manufacturing plan. The Texas Air Control Board has requested that the City make comments regarding this operation. The City Staff recommends to Council that the Texas Air Control Board be notified that the City has no objection to the construction of the baghouse if it is constructed in compliance with all City codes and if it is operated in compliance with the Texas Air Control Board regulations. After some discussion, Councilwoman Dingman made a motion to recommend to the Texas Air Control Board that the City has no objections to the construction of the the baghouse if it is constructed in compliance with all City codes and if it is operated in compliance with the Texas Air Control Board regulations. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.1-DISCUSS TRAFFIC CONTROL ON BROOKHAVEN CLUB DRIVE AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. As requested, the City Staff has eva- luated the traffic situation on Brookhaven Club Drive and prepared a report. The City Staff recommends that the following actions be taken: 1. Leave the speed limit on Brookhaven Club Drive at 30 M.P.H. Vol. 38, Page 49. 2. Enact the "Selected Traffic Enforcement Program" on Brookhaven Club Drive. Mayor Dodd gave a brief description of the "Selected Traffic Enforcement Program" (S.T.E.P.). He stated that this program, ini- tiated by the Police Department, would include concentrated traffic enforcement on Brookhaven Club Drive in the form of specially assigned police officers, utilizing radar, during rush and non-rush hour traf- fic. Councilman Blair made a motion to begin the S.T.E.P. and 1) leave the speed limit on Brookhaven Club Drive at 30 M.P.H. and 2) enact the "Selected Traffic Enforcement Program" on Brookhaven Club Drive. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.2-CONSIDER PETITION CALLING REFERENDUM AND COUNCIL CALLING FOR AN ELECTION FOR ACQUISITION OF A PARK AT DENNIS AND JOSEY LANES. Mayor Dodd opened the discussion by stating that he had requested a memo be sent to the Council to place this item on the agenda when he had learned that there might be a possibility that the petition, sub- mitted to the Council at the last meeting, may not meet the letteOf the law and therefore not be placed on the agenda. Mayor Dodd stated that the petition does not satisfy Section 1102 of the City Charter in the following particulars: a. The petition must include a proposed ordinance or resolution and since the petition did not include a proposed ordinance or resolution as noted in Section 1104. On preservation for proposed ordinances or resolutions, the City Council is to adopt same or call special election at which the voters would vote on the proposed legislation. b. Passage of ordinances or resolutions that require expen- ditures of funds is not within the purview of the initiative procedure. In Section 1105 dealing with the referendum, the City Charter specifically excludes the appropriation of money for the leveling of taxes. The City Council, however, in Section 1106 is not precluded from making a voluntary sub- mission of any ordinance, resolution or measure. Mayor Dodd opend the discussion and recognized Ms. Rutha Shackelford, 13635 Rawhide. Ms. Shackelford stated that she would support a referendum asking for a park. Mayor Dodd recognized Mr. Hubert O'Rear, 13909 Sundown. Mr. O'Rear stated that he would support a referendum asking for a park. Vol. 38, Page 50. Mayor Dodd recognized Ms. Marian Kerr, 2875 Mark Twain. Ms. Kerr stated that she would support a referendum asking for a park. Mayor Dodd recognized Mr. John Glasschroeder, 3322 Arawak. Mr. Glasschroeder stated that he would support a referendum asking for a park. Councilmembers discussed the alternate uses for the property, such as a new city hall or park, the type of park to be instituted, formation of a study committee, the cost and availability of the property and the precedent that would be set by putting the item on the ballot. Councilman Blair made a motion that the City Staff begin negotiations for a purchase price of the property that would be put before the citizens in a bond election. Councilman Weidinger seconded the motion. Mayor Dodd recognized Ms. Jean Escobedo, 2647 Hearthstone. Ms. Escobedo stated that she was concerned about the developer of the pro- perty building during negotiations. After discussion among Councilmembers, Councilman Blair withdrew his motion and Councilman Weidinger withdrew his second. Mayor Dodd recognized Sam Franklin, 2549 Brandywine. Mr. Franklin stated that he would like to see a zoning change for that property. He stated that he wanted to keep apartment development out and have the City develop the property. Mayor Dodd recognized Mr. John Glasschroeder, 3322 Arawak. Mr. Glasschroeder stated that he was not in favor of the property being developed in condominiums. He stated that there was a need for prac- tice fields for sports or perhaps a senior citizen facility. Mayor Dodd recognized Ms. Rutha Shackelford, 13635 Rawhide. Ms. Shackelford stated that she would accept any alternate use of the pro- perty. After more discussion, Councilman Weidinger made a motion to enter into negotiations with Mr. Brovant, owner of the property, to establish a purchase price, instruct the City Attorney to draft a referendum that would include use as a park or municipal facility and bring back the item before the Council at the November 15, 1982 meeting. The motion died for a lack of second. Mayor Dodd asked for a show of hands for people in the audience favoring a park or municipal use for the property. Approximately fifty-two hands were raised. Mayor Dodd recognized Mr. Don Erickson, 13876 Birchlawn. Mr. Erickson stated that in his opinion the petition was legal. Mr. Erickson Vol. 38, Page 51. reported of being on the Charter Study Committee that put the referen- dum provision in the charter. After more discussion of possible alternate uses for the property, Councilman Weidinger made a motion instructing the City Staff to enter into negotations with Mr. Brovant to establish a purchase price for the property at Josey and Dennis Lanes; instructed the City Attorney to draft an ordinance calling an election to purchase the property that would include use as a park or other municipal facility; calling for a bond election; and, bring back the item before the Council at the November 15, 1982 meeting. Councilman Glancy seconded the motion with Councilmembers Weidinger, Glancy, Johnson and Blair voting "aye" and Councilwoman Dingman voting "nay". The motion carried by a 4 to 1 vote. MAYOR DODD CALLED FOR A BRIEF RECESS. ITEM NO. D.3-CONSIDER AN INVITATION BY THE WHITE HOUSE FOR MAYOR TO AFB, CALIFORNIA AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information. Mayor Dodd has been invited to attend the landing of the fifth flight of the Space Shuttle on Tuesday, November 16 at Edwards AFB, California. Mayor Dodd stated that the item had been placed on the agenda because it was not an authorized trip. After some discussion, Councilman Johnson made a motion to approve Mayor Dodd's attending the Space Shuttle landing and the reasonable expenses incurred. Councilman Weidinger seconded the motion with Councilmembers Johnson and Weidinger voting "aye" and Councilmembers Blair, Dingman and Glancy voting "nay". The motion failed by a 2 to 3 vote. ITEM NO. D.4-CONSIDER APPROVAL FOR PARTICIPATION IN CONTRACT FOR CON- STRUCTION OF WATER MAINS FOR VALWOOD PARK-FARMERS BRANCH, PHASE TWO, AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. This item was tabled at the last Council meeting so that the City and the Developer could further evaluate the bids obtained and arrive at a compromise agreement on the City's par- ticipation in the cost of the larger sixteen inch (1611) and eighteen inch (1811) water mains. The City Staff and the Developer have agreed that a fair participation in the cost of the water mains, by the City, would be $81,614.38, which is an agreed upon difference in cost bet- ween the 16" and 18" water mains versus the 12" water mains. The City Staff recommends that the Council approve the joint award of a contract by the City and Woodbine Development Corporation for the construction of water mains in Valwood Park-Farmers Branch, Phase Two in the amount of $81,614.38. I i Vol. Page 52. Councilwoman Dingman made a motion to acknowledge review of the bids and approve the joint award of a contract to Cohen Construction Company by the City and Woodbine Development Corporation for the construction of water mains in Valwood Park-Farmers Branch, Phase Two pursuant to the Developer's Contract between the City and Woodbine Development Corporation in the amount of $81,614.38. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.5-CONSIDER APPROVAL OF CHANGE ORDERS NO. 2_AND NO. 3 ON THE MARSH LANE PROJECT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following informaton from an Administrative memo. The agreement between the Cities of Farmers Branch and Addison for the Marsh Lane Project requires both City Councils to approve any change order. Change Order No. 1 is for adding the third lane to the southbound lane from Beltline to Gardenbrook. This change order has not been finalized between the contractor and the two cities and will be submitted for approval at a later date. Change Order No. 2 is for some modifications to the box culvert and headwalls at Tanglewood and Pebble Beach off of Marsh Lane. Change Order No. 3 is for adding some water valves on an Addison water main in Marsh Lane. The Addison City Council has approved both change orders. Councilman Weidinger made a motion that Change Orders No. 2 and No. 3 to the Marsh Lane project be approved. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.6-CONSIDER CHANGE ORDER TO THE VALLEY VIEW MEDIAN LANDSCAPE AND IRRIGATION CONTRACT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. City Administration requests permission to issue change order to include one additional median to the Valley View median landscape and irrigation contract with Automatic Rain. The median is 114 feet long, by three feet in width, and is located west of Veronica on Valley View Lane. Project was budgeted $14,650.00 and Automatic Rain was awarded the contract for $11,652.85, leaving a balance of $2,990.00. Removal of concrete from the length of the median and the requirement of a punch from a median 41 feet away for irrigation is reflected in the total cost. Councilman Johnson made a motion to approve issuing change order to the Valley View median landscape and irrigation contract with Automatic Rain in the amount of $2,990.00 for beautification of median west of Veronica on Valley View. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimoulsy. Vol. 38, Page 53. ITEM NO. D.7-CONSIDER AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH JONES AND BOYD, CONSULTING ENGINEERS, FOR ENGINEERING SERVICES ON A WATER SYSTEM PROJECT. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. In order for all of the Water System Capital Improvement Projects to be completed as needed, it is necessary for the City to use outside consultants for the design of some of the projects. The Consulting Engineering firm of Jones and Boyd was asked to submit a proposal for performing the engineering design of the eighteen inch (1811) water main along the C.R.I.&P. Railroad from Valley View Lane to Crown Drive. The total estimated cost of this project is $450,000.00. Jones and Boyd has submitted a lump sum fee of $24,000.00 for the design phase and an hourly unit fee for special services (with a maximum of $8,000.00). After discussion concerning the need for a consulting engineer, Councilman Johnson made a motion to authorize the execution of a Professional Services Agreement with Jones and Boyd, Consulting Engineers, for the design of the eighteen inch (1811) water main along the C.R.I.&P. Railroad for a fee not to exceed $32,000.00. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.8-CONSIDER AUTHORIZING THE EXECUTION OF PROFESSIONAL SERVICE AGREEMENTS WITH RIEWE AND WISCHMEYER, INCH., CONSULTING ENGINEERS. FOR ENGINEERING SERVICES ON WATER SYSTEM PROJECTS. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. In order for all of the Water System Capital Improvement Projects to be completed as needed, it is necessary for the City to use outside consultants for the design of some of the projects. The Consulting Engineering firm of Riewe and Wischmeyer, Inc. was asked to submit proposals for performing the engineering design of three (3) Water System Projects: 1. Wicker Street Pump Station Surge Protection 2. High Side Pump at Valley View Pump Station 3. Water Distribution System Monitoring System The total estimated cost of these projects is $300,000.00. The propo- sals submitted by Riewe and Wischmeyer are based on hourly unit fees for various services with a total estimated cost of approximately $22,500.00. Councilman Glancy made a motion to authorize the execution of pro- fessional service agreements with Riewe and Wischmeyer, Consulting Engineers, for the design of: Vol. 38, Page 54. 1. Wicker Street Pump Station Surge Protection 2. High Side Pump at Valley View Pump Station 3. Water Distribution System Monitoring System on the basis of an hourly unit fee for various services. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.9-CONSIDER ALLOCATING FUNDS TO COMPLETE THE VALLEY VIEW LANDFILL CLOSURE PROJECT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The City Council, at the May 3, 1982 meeting, authorized the hiring of Gregory Excavating Company to place the earth cover for the closure of the Valley View Landfill and allo- cated funds in the amount of $140,000,00. The total cost of this pro- ject including the access roadway is now estimated to be $167,800.00. The Staff requests that additional funds be allocated to complete the project. Councilwoman Dingman made a motion to allocate funds in the amount of $30,000.00 to the Valley View Landfill Closure Project from the Capital Improvement fund. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.10-CONSIDER FINAL SETTLEMENT WITH CITY OF ADDISON ON MIDWAY ROAD CONSTRUCTION PROJECT AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. All of the improvements, including paving, drainage, landscaping and street lighting, on the Midway Road Project, from Spring Valley to Belt Line, have been completed. The final cost for the portion of improvements constructed by the City of Addison has exceeded the estimated cost of the improvements. The City of Addison has submitted a bill to the City of Farmers Branch for an additional payment of $33,079.33• After some discussion, Councilwoman Dingman made a motion to table the item until the City Manager can meet with the City Manager of Addison to work out something more suitable to the City. Councilman Johnson seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.11-CONSIDER AUTHORIZATION TO ENTER INTO A CONTRACT WITH H. B. ZACHARY COMPANY FOR CONSTRUCTION OF 24" WATER MAIN IN MARSH LANE. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The City Staff has obtained a proposal Vol. 38, Page 55. from H. B. Zachry Company to construct the 24" water main in Marsh Lane. The proposal involves the City and Zachry entering into a separate contract for construction of the 24" water main for a total estimated cost of $565,000.00. The contract also provides for the City to pay the Contractor up to 30 days of liquidated damages on the Marsh Lane Project if additional time is needed to complete Marsh Lane due to the construction of the water main. No approval from Addison is needed to execute this contract. Councilman Weidinger made a motion to adopt Resolution #82-020 authorizing the City Administration to enter into a contract with H. B. Zachary Company. Councilwoman Dingman seconded the motion with all members voting "aye". The motion carried unanimously. After some discussion, Councilwoman Dingman made a motion to declare an emergency and authorize the City Manager to execute a contract with H. B. Zachry Company in the amount of $565,500.00 for the construction of a 24" water main along Marsh Lane. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unani- mously. ITEM NO. D.12-CONSIDER OPTION TO LEASE SUITE 230 OF THE FARMERS BRANCH SHOPPIN CENTER FOR CONTINUED USE AS SURTRAN TERMINAL. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The City's lease with the owners of Farmers Branch Shopping Center expires Sunday, October 31, 1982. The City has an option for two more six month leases. Surtran anticipates operating out of the terminal until at least December 31, 1982 and possibly much longer than that. Rental cost is presently $1460.00 per month. After some discussion, Councilman Johnson made a motion to proceed with a 3 month lease with the owners of the Farmers Branch Shopping Center for Suite 230 for continued use as a Surtran Terminal. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.13-CONSIDER AUTHORIZING THE PAYMENT OF ANNUAL MEMBERSHIP DUES TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The North Central Texas Council of Governments has presented a statement to the City for annual mem- bership dues for the period of October 1, 1982, through September 30, 1983. The dues are in the amount of $2,540.00 which is based upon estimated 1982 population of 25,400 computed at $.10 per capita. The 1981-82 dues were in the amount of $2,595.00. 0 Vol. 38, Page 56. Councilwoman Dingman made a motion to authorize the payment in the amount of $2,540.00 for the North Central Texas COG membership dues for the period of October 1, 1982, through September 30, 1983. Councilman Weidinger seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.14-CONSIDER AWARDING THE BID FOR ONE RUBBER-TIRED LOADER AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The City mailed seven packets by registered mail and received all return receipts. A total of four (4) bids were returned and opened. The lowest and best bid that meets the specifications was received from Waukesha-Pierce Industries in the amount of $73,587.89. Funds are included in the Street Division budget for this loader in the amount of $109,000.00. Mayor Dodd recognized Mr. Rick Smith, with Plains Machinery Co. Mr. Smith stated that his company was the lowest bidder for the rubber- tired loader. Mr. Smith explained the quality of the ptece of equip- ment he bid. Mayor Dodd recognized Mr. Tony Sterleck, with Waukesha-Pierce, Ind. Mr. Sterleck stated that his company was the lowest bidder to meet the City's specifications for the rubber-tired loader. Mr. Sterleck explained the quality of the piece of equipment he bid. Director of Public Works, Earl Deland, stated that Waukesha-Pierce, Ind. was the lowest and best bidder and met the specifications. Councilman Johnson made a motion to award the bid for one rubber tired loader to Waukesha Pierce Industries in the amount of $73,587.89. Councilman Glancy seconded the motion with Councilmembers Johnson, Glancy, Johnson and Dingman voting "aye" and Councilman Blair voting "nay". The motion carried by a 4 to 1 vote. ITEM NO. D.15-CONSIDER AWARDING THE BID FOR TWO BACKHOES AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. On October 25, 1983, the City received four bids for two 1983 tractors with a backhoe and loader. Trinity Equipment was the low bidder meeting specifications in the amount of $71,550.00. The other bids were from: Ben Griffin Ford for $52,680.98; Case Power & Equipment for $54,102.00; and Wells Brothers Equipment for $56,840.00. The total amount budgeted for this purchase is $58,000.00 and it is anticipated that we will receive approximately $14,000.00 for trade-in value for two existing backhoes. The City Staff recommend to the Council to award the bid to Trinity Equipment Co. in the amount of $71,550.00. Vol. 38, Page 57. Mayor Dodd recognized Ms. Nita Fletcher, with Trinity Equipment Co. Ms. Fletcher answered questions from the Council relating to the size, durability and specification of the backhoes. Councilman Weidinger made a motion to award the bid to Trinity Equipment Co. for two 1983 tractors with backhoe and loader in the amount of $71,550.00 for the Water Replacement Division. Councilman Johnson seconded the motion with Councilmembers Weidinger, Johnson, Dingman and Glancy voting "aye" and Councilman Blair voting "nay". The motion carried by a 4 to 1 vote. ITEM NO. D.16-CONSIDER AWARDING THE BID FOR TWO RESIDENTIAL GARBAGE TRUCKS AND TAKE APPROPRIATE ACTION. Mayor Dodd opened the discussion by giving the following information from an Administrative memo. The City mailed seven bids by registered mail. Seven return receipts have been received. A total of six bids were returned and opened. All bids received met our Specifications with minor exceptions noted. Able Body Company met all Specifications for truck and bodies and submitted the lowest and best bid in the amount of $125,394.00. Funds are budgeted for the purchase of this equipment in the amount of $140,000.00. Councilwoman Dingman made a motion to award bid for two residential garbage trucks from Able Body Company in the amount of $125,394.00. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. ITEM NO. D.17-CITIZEN PARTICIPATION. Mayor Dodd recognized Mr. Ivan Cernosek, 13511 Onyx Lane. Mr. Cernosek asked for relief of school taxes. Mayor Dodd stated that he would need to get in touch with the School Board for school taxes. 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 Appointments to the Drainage Study Committee were discussed. Vol. 38, Page 58. b. Discuss Land Acquisition The purchase of a maintenance facility was discussed. C. Discuss Pending and Contemplated Litigation City Manager presented letter from J. N. Construction Company. THE COUNCIL RECONVENED INTO GENERAL SESSION. AGENDA ITEM NO. E.2-CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Councilman Weidinger made a motion appointing Tom Denton and Doug Abbott to the Drainage Study Committe. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. E.3-CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Councilman Glancy made a motion authorizing the purchase of the building and property just north of the Camelot Landfill for an equip- ment maintenance facility. Councilman Blair seconded the motion with all members voting "aye". The motion carried unanimously. Councilwoman Dingman made a motion authorizing the appropriation of funds in the amount of $200,000 from the unappropriated reserve to combine with the $500,000 in the 1982-83 C.I.P. budget to purchase the building at the Camelot landfill. Councilman Glancy seconded the motion with all members voting "aye". The motion carried unanimously. AGENDA ITEM NO. E.4-CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. No action by the Council was necessary on this item. AGENDA ITEM NO. F.1-ADJOURNMENT. Councilman Johnson made a motion to adjourn the meeting. Councilman Blair seconded the motion with all members voting "aye". The motion carrAd. The meeting of November 1, 1982 was adjourned at 12:14 P.M.