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1986-02-03 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 02/03/86 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers John D. Dodd David Blair John Dunagan Carol Dingman Bill Glancy Herb Weidinger The following members of the City Administration were present: City Manager Paul M. West Assistant City Manager Steve Carpenter Assistant City Manager Gene Carlton City Attorney John Boyle City Secretary Randall Mahaffey Director of Community Services Tom Scales Director of Public Works Earl Deland Traffic Engineer Larry Cervenka Recording Secretary Ruth Ann Parish- Mayor Dodd called the City Council Meeting of 02/03/86 to order at 7:31 p.m. The meeting was televised. A.1 INVOCATION Councilmember Dunagan gave the invocation and led the Pledge of Allegiance. A.2 PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd stated that the Presentation of Board Applications gives citizens an opportunity to become more involved in their City by making application to serve on the many boards available. No one present to present Board Applications. B.1 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION 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 vnl_ 49._ Paae 13. City Council or 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 con- sent items is being established in order to speed up discussion for those items that need more time for discussion. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", approved the following consent items, and the Minutes as corrected in the Study Session on February 3, 1986. B.la APPROVAL OF MINUTES OF JANUARY 20, 1986 MEETING. B.lb AUTHORIZED ACCEPTANCE OF A WATER EASEMENT FROM FIRST DALLAS INVESTORS, INC. AND TAKE APPROPRIATE ACTION. B.lc AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR REPLACEMENT OF TRACTOR WITH 3 GANG MOWER ATTACHMENT. EMERGENCY ITEM DECLARED A motion by Councilmember Blair, a second by Councilmember Dingman, all voting "aye", to declare an emergency and add agenda item number C.9 to the regular agenda, to consider DART rail options and take appropriate action. B.2 CITY MANAGER REPORTS. City Manager, Paul West gave an informative report on the programs, projects and happenings of the various departments of the City. C.1 PUBLIC HEARING: CONSIDER REQUEST TO DETERMINE WHETHER THE ZONING SHOULD BE CHANGED FROM PLANNED DEVELOPMENT (PD-22) TO PLANNED DEVELOPMENT (PD) AND ANY OTHER DISTRICT WHICH IS MORE RESTRICTED BY REASON OF LAND USE AND HEIGHT ON A 6.099 ACRE TRACT OF LAND LOCATED IN THE SOUTHEAST QUADRANT OF LBJ FREEWAY AND LUNA ROAD. REQUESTED BY J.H. LACY. Mayor Dodd stated that J. H. Lacy is requesting a zoning amendment from PD-22 to provide for mixed use office, hotel and financial institutions. This 6.099 acre tract, designated as Lacy Luna II, is the old TRA site located in the southeast corner of LBJ Freeway at Luna Road. The applicant is requesting an FAR of 3:1. Mayor Dodd stated that the Planning and Zoning Commission on January 13, 1986, as a result of a vote of 3 to 3 recommends denial. Mayor Dodd stated that the Staff recommends approval, subject to applicant providing street right-of-way for proposed Mustang Boulevard as required by City Council at time of plating, and that applicant not apply for any development permits until a thoroughfare plan is approved by City Council. Mayor Dodd opened the Public Hearing. Vol. 49, Page 14- Mayor Dodd introduced Mr. Bill Blackburn, a former Councilmember from the City of Dallas. Mr. Blackburn's address is 900 Jackson Street, Dallas, Texas. Mr. Blackburn stated that he is representing J.H. Lacy Trustee, who is the owner of the tract of land referred to as Lacy Luna II. Mr. Blackburn spoke in behalf of the zoning change. A motion by Councilmember Dingman, a second by Councilmember Glancy, all voting "aye", approved closing the Public Hearing. Mayor Dodd stated that this item is now before the Council for discussion. Mr. Blackburn stated that his client, J.H. Lacy, would dedicate whatever Right-of-Way is needed for the thoroughfare plan and would participate in TMO Transportation Plan in whatever way is fair and equitable. Councilmember Dingman stated that the thoroughfare plan should be approved before approving a zoning change. A motion by Councilmember Blair, a second by Councilmember Weidinger, with Councilmember Blair, Councilmember Weidinger, Councilmember Dunagan, Councilmember Glancy voting "aye", and Councilmember Dingman voting "nay", approved the change in zoning from planned development (PD-22) to planned development (PD) and any other district which is more restricted by reason of land use and height on a 6.099 acre tract of land located in the southeast quadrant of LBJ Freeway and Luna Road, with the provision per the staff recommendation, that the applicant provide street right-of-way for proposed Mustang Boulevard as required by City Council at time of plating, and that the applicant not apply for any development permits until a thoroughfare plan is approved by City Council. The motion was approved by a four to one vote. C.2 PUBLIC HEARING: CONSIDER REQUEST TO DETERMINE WHETHER THE ZONING SHOULD BE CHANGED FROM PD-24 TO PLANNED DEVELOPMENT (PD) AND ANY OTHER DISTRICT WHICH IS MORE RESTRICTED BY REASON OF LAND USE AND HEIGHT ON A TRACT OF LAND LOCATED ON THE NORTHWEST CORNER OF 1635E AND 135. REQUESTED BY CITY POINTE NORTHWEST J/V. Mayor Dodd stated that City Pointe Northwest J/V is requesting a zoning change from PD-24 to PD to allow a master planned office/commercial development. This 78.132 acre tract is located on the northwest corner of 1635E and 135. The applicant wishes to develop this property with a FAR of 4:1. Mayor Dodd stated that the Planning and Zoning Commission by unanimous vote, on January 13, 1986, recommends approval with conditions. Mayor Dodd-opened the Public Hearing. Vol. 49, Page 15. Mayor Dodd introduced Kirk Williams, 2800 Main Place, a spokesman for City Pointe Northwest J/V. Mr. Williams spoke in behalf of the zoning change. Mr. Williams stated that the parking ratio should be addressed because the format at present is 1 to 300. Mr. Williams suggested that this might be a little on the high side, and he would like the present format modified to include the flexibility of 1 to 333 with small car usage being left up to the discretion of the Council. Mayor Dodd introduced Jeannette Ferguson, 2931 Lavita, representing Mr. Kirk Chow, who is the owner of the property at 12827 Valley Branch, across the channel from the subject property (City Pointe). Ms. Ferguson, stated that Mr. Chow is not against this proposal, but expressed concern about the flood control methods and restoration and beautification of the property. Bob Zollars, 3131 McKinney Avenue, Dallas, Texas., was present and spoke in behalf of the flood control measures. Mr. Zollars is an Engineer for Zollars Consulting Engineers. Mr. Zollars stated that the flood control measures were submitted to the Farmers Branch Staff, the Federal Emergency Management Agency, the City of Dallas Engineers, and the Federal Corps of Engineers and all of the mentioned organizations approved the flood drainage plan. Mayor Dodd introduced Kurt Wall, 2306 Spring Lake Road, a property owner, speaking in behalf of himself and three neighboring property owners. Mr. Walls stated that he was in favor of the zoning change and expressed interest in his property and his neighbors property totaling 175 feet to be included in the zoning change. Mark Pavageaux, City Engineer, stated that the standards of the City of Farmers Branch are more stringent than the Federal Emergency Management Agency, the City of Dallas Engineers, or the Federal Corps of Engineers. A motion by Councilmember Blair, a second by Councilmember Dingman, all voting "aye", to close the Public Hearing. Tom Scales, Director of Community Services was called on by the Council to advise Mr. Williams of conditions set in Study Session, per the Staff recommendation. Mr. Scales stated: 1. The developer's contract and the amending ordinance are to be approved on the same day. 2. The method of payment for traffic improvement which is now in the zoning standards be taken out and to be included in the developer's contract only. 3. The Developer be required to participate in the Traffic Management organization if and when it is implemented by the City. A motion by Councilmember Dingman, a second by Concilmember Blair, all voting "aye", approved the request to change the zoning from PD-24 to Planned Development (PD) and any other district which is more restricted by reason of land use and height on a tract of land Vol. 49, Page 16 located on the northwest corner of 1635E and 135, to include the conditions recommended by the Planning and Zoning Board and the three conditions recommended by the Staff, and to amend the parking to the City Code that is current at the time of development. C.3 PUBLIC HEARING: CONSIDER REQUEST TO DETERMINE WHETHER THE ZONING SHOULD BE AMENDED IN THE PD-53 ZONING DISTRICT STANDARDS FROM THE REQUIRED PARKING RATIO FOR OFFICE USES FROM 1 SPACE PER 300 SQ. FT. AND PROVIDE FOR SMALL CAR PARKING. REQUESTED BY PACIFIC GUARANTY COMMERCIAL. 1 Mayor Dodd explained that Pacific Guaranty commercial is requesting a change in the PD-53 zoning standards from 1 space per 300 sq. ft. to l space per 333 sq. ft. and provide for 25% of total parking spaces to be for small cars. This 13.731 acre tract is part of the Butts-Olds Subdivision and is located on the southeast corner 205' north of Spring Valley Road. Mayor Dodd stated that the Planning and zoning commission on January 13, 1986, recommends this request be denied. Councilmember Blair requested to hear item C.7 and item C.3 together. All Councilmembers agreed. C.7 CONSIDER REQUEST BY PACIFIC GUARANTY COMMERCIAL TO AMEND THEIR CONCEPT PLAN ON A TRACT OF LAND LOCATED IN THE BUTTS - OLDS SUBDIVISION 205' NORTH OF SPRING VALLEY ALONG DALLAS NORTH PARKWAY. Mayor Dodd stated that Pacific Guaranty Commercial is requesting an amendment to the concept plan of the Henry Butts Subdivision tract located in PD-53. In concept, the plan redistributes the overall building area and creates new open space for landscaping and would replace the original Concept Plan which was approved as part of PD-53 at the time this zoning was granted on December 3, 1984. Mayor Dodd stated that the Planning and Zoning Commission on January 27, 1986, recommends this Concept Plan be approved. Mayor Dodd opened the Public Hearing. Mayor Dodd introduced Mr. Rick Cavenaugh, Pacific Guaranty Commercial Corporation, 14180 Dallas Pkwy., Dallas, Texas. Mr. Cavenaugh spoke in favor of the zoning change and answered questions for the Council. A motion by Councilmember Blair, a second by Councilmember Dunagan, all voting "aye", to close the Public Hearing. A motion by Councilmember Blair, a second by Councilmember Dingman, with Councilmember Blair and Councilmember Dingman voting "aye", and Councilmember Glancy, Councilmember Dunagan, and Councilmember Weidinger voting "nay", to request for district standards, PD-53 to be changed from the 1 to 300 to the as per code. The motion is denied with a two to three vote. A motion by Councilmember Weidinger, a second by Councilmember Dunagan, with Councilmember Weidinger, Councilmember Dunagan, and Councilmember Glancy voting "aye", and Councilmember Dingman and Councilmember Blair voting "nay", to amend the PD-53 zoning standards from 1 space per 300 sq. ft. to l space per 333 sq. ft. and provide for 25% of total parking spaces to be for small cars, with participation in TMO and as per standards established in contract. The motion is approved with a three to two vote. A motion by Councilmember Dingman, a second by Councilmember Weidinger, all voting "aye", amended concept plan on a tract of land located in the Butts - Olds Subdivision, 205 feet north of Spring Valley along Dallas North Parkway, as recommended by the Planning and Zoning Commission with the condition that certificate of occupancy-not be granted on the phase II building until the Arbor View Extension crosses the railroad tracks and reaches Inwood Road. C.4 CONSIDER CALLING A PUBLIC HEARING ON THE LONE STAR GAS COMPANY'S RATE REQUEST AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that Lone Star Gas Company has filed a statement of intent to increase the rates for residential and commercial customers in Farmers Branch, Carrollton, and Addison. The Public Utility Regulatory Act requires the City Council hold a public hearing on this request. The hearing must be called within 30 days of the receipt of the request. Mayor Dodd stated that the City Secretary recommends that the public hearing be held on April 21, 1986. A motion by Councilmember Weidinger, a second by Councilmember Blair, all voting "aye", to hold a Public Hearing on the Lone Star Gas Company's rate request on April 21, 1986. Mayor Dodd requested to review both items C.5 and C.6 at the same time because they are closely related. All Councilmembers agreed. C.5 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR CONSULTING SERVICES WITH PANNELL KERR FORSTER INVOLVING THE LONE STAR GAS COMPANY RATE REQUEST AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the City of Farmers Branch has received a request from Lone Star Gas Company to increase the residential and commercial rates for the Farmers Branch, Carrollton, and Addison service area. The City has contacted Mr. Jack Stowe of Pannell Kerr Forster concerning the use of their services as rate consultants and to assist the staff in review of the Lone Star Gas request. The cost for consultant services is $20,000. The City of Carrollton will pay the fee and Lone Star Gas is required to reimburse Carrollton for the expense. Vol. 49, Page 18 Mayor Dodd stated that the City Secretary recommends authorizing the execution of the contract with Pannell Kerr Forster. C.6 CONSIDER REQUEST FOR LOCAL RATE INCREASE BY LONE STAR GAS COMPANY AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that Lone Star Gas Company filed with the City of Farmers Branch a statement of intent to increase its rates for residential and commercial customers on January 7, 1986. The company has requested that the new rates become effective February 12, 1986. The estimated annual increase is $346,560. Under Section 43 (d) of the Public Utility Regulatory Act the City may elect to suspend the proposed rates for a period of 90-days. This would allow the City time to study the request and call for the required public hearing. Mayor Dodd stated that the City Secretary recommends the adoption of Resolution #86-005 suspending the rates. Mayor Dodd introduced Mary Jean McCarthy, Manager, Lone Star Gas. Ms. McCarthy stated that it has been three years since the last rate increase in Carrollton. A motion by Councilmember Dunagan, a second by Councilmember Glancy, all voting "aye", authorized the City Manager to execute a contract for consulting services with Pannell Kerr Forster involving the Lone Star Gas Company rate request, and the consultant services to be $20,000.00 with the City of Carrollton paying the fee and Lone Star Gas required to reimburse Carrollton for the Expense. Mayor Dodd introduced Mr. Jack Stowe of Pannell Kerr Foster. Mr. Stowe answered the Council's questions concerning his services. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", adopted Resolution #86-005 to suspend the rate increase by Lone Star Gas Company for 90 days. C.8 CONSIDER SECOND READING OF ORDINANCE NO. 1613 GRANTING A FRANCHISE TO PLACE AND MAINTAIN A CABLE TELEVISION SECURITY SYSTEM WITHIN A DEDICATED PUBLIC RIGHT-OF-WAY TO BROOKHAVEN COUNTRY CLUB AND TAKE APPROPRIATE ACTION Mayor Dodd explained that ordinance No. 1613 grants a franchise to use, operate, and maintain a cable television security system within a dedicated public street right-of-way to the Brookhaven Country Club. The ordinance provides for the following: 1) Restrictions and requirements 2) Annual fee 3) Revocation and termination 4) Hold Harmless Agreement and insurance 5) Written acceptance by the grantees Vol. 49, Page 19. 6) Effective date Mayor Dodd stated that all ordinances granting or amending franchises must be read at two separate regular meetings of the City Council, and shall not be finally passed until 30 days after the first reading. This will be the second reading of the ordinance for this franchise; therefore, if the Council approves the ordinance at this meeting, it will be final. Mayor Dodd stated that the Engineering Department recommends that Ordinance No. 1613 granting a franchise to operate and maintain a cable television security system within a dedicated public street right-of-way to Brookhaven Country Club be approved. A motion by Councilmember Glancy, a second by Councilmember Weidinger, al-1 voting "aye", approved the following captioned Ordinance No. 1613 granting a franchise to place and maintain a cable television security system within a dedicated public right-of-way to Brookhaven Country Club. ORDINANCE NO. 1613 "AN ORDINANCE GRANTING A FRANCHISE TO USE, OPERATE AND MAINTAIN A CABLE TELEVISION SECURITY SYSTEM WITHIN A DEDICATED PUBLIC STREET RIGHT-OF-WAY TO BROOKHAVEN COUNTRY CLUB FOR A TERM OF 25 YEARS; PROVIDING RESTRICTIONS AND REQUIREMENTS; PROVIDING AN ANNUAL FEE; PROVIDING FOR REVOCATION AND TERMINATION; PROVIDING FOR A HOLD HARMLESS AGREEMENT AND INSURANCE; PROVIDING FOR WRITTEN ACCEPTANCE BY THE GRANTEES; PROVIDING AN EFFECTIVE DATE." C.9 EMERGENCY ITEM - CONSIDER DART RAIL OPTIONS AND TAKE APPROPRIATE ACTION. Councilmember Dingman stated that the suggestions made in the Study Session of 03-02-86 should be sent to DART, with stipulation that Farmers Branch's first priority would be the LBJ rail line, second to be the 135 rail line, and third the Addison/Plano rail line. A motion by Councilmember Dingman, a second by Councilmember Blair, with Councilmember Dingman, Councilmember Blair, Councilmember Dunagan, and Councilmember Weidinger, voting "aye", and Councilmember Glancy, voting "nay", to send letter to Dart stating the priorities of Farmers Branch for a service plan to be considered in their review of the final service plan, and that it be called option 1.A, which shows the line being extended through North Carrollton. The letter should also recognize that the North Central line will probably be built first but Farmers Branch would strongly favor the LBJ line being build second, with the 135 line built third, to include a station at Valley View and Denton Drive, and that Farmers Branch would like to see the Addison/Plano line built fourth. The motion passes four to one. D.1 CONSIDER AN ELECTION ORDER FOR THE APRIL CITY COUNCIL ELECTION. Mayor Dodd stated that on April 5, 1986 the election for City Council places number 2 and 4 and the Mayor will be held at the Vol. 49, Page 20 Farmers Branch Manske Library, 13613 Webb Chapel. The hours for the election will be from 7:00 A.M. to 7:00 P.M. Absentee voting will be held in the office of the City Secretary beginning March 17, 1986 and ending April 1, 1986. The hours will be 8:00 A.M. to 5:00 P.M., Monday through Friday. Mayor Dodd stated that the City Secretary recommends issuance of the election order. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", approved election order for the April City Council Election on April 5, 1986 for City Council places number 2 and 4 and the Mayor at the Farmers Branch Manske Library, 13613 Webb Chapel. The hours for the election will be from 7:00 A.M. to 7:00 P.M. Monday through Friday. D.2 CONSIDER EXTENDING OPEN HOURS AT THE LIBRARY TO INCLUDE SUNDAY AFTERNOON AND TAKE THE APPROPRIATE ACTION. Mayor Dodd stated that it has been proposed to have the Library open Sunday afternoon. Two options have been presented. One to have the Library open for minimum service with costs to provide this - $18,025.00. The second option would provide service similar to the rest of the week at a cost of $26,089.00. These figures are based on the budgeted amounts needed to cover the remainder of this fiscal year.. The Library would be open for four hours, from 1 to 5 p.m. Mayor Dodd stated that it is recommended by the Library staff that the City Council approve the second option that would provide service similar to the rest of the week and appropriate $26,089.00 from the unencumbered balance. This change to take effect March 16, 1986. Mayor Dodd stated that this originally was requested by History Students of R.L. Turner High School. Councilmember Dingman stated that this is also recommended by the Library Board. John Wells, 13521 Heartside Place, Farmers Branch, Texas, was presented and stated that he felt that the money could be spent better in obtaining books and Library materials. Councilmember Glancy stated that it should be up to the public to decide whether or not to use the Library on Sundays. Councilmember Blair stated that it would cost approximately $3,000.00 to obtain a reasonable survey (the figures are based on the service's provided by the University of Dallas), on public opinion in concern to opening the Library on Sundays. Councilmember Weidinger stated that he did not believe that the opening of the Library on Sunday is a priority, he felt that the money would be better spent in obtaining Library materials. Vol. 49, Page 21 Councilmember Dunagan stated that several other City's have opened their Libraries on Sunday with favorable results. Mayor Dodd stated that better use of the Library facility would be obtained by opening on Sundays and that there is a major interest in the Senior Citizen and Youth groups. Mayor Dodd explained that the majority of High School students and College students work on Saturday and that the only real time they have to get to the Library is on Sundays. A motion by Councilmember Dingman, a second by Councilmember Glancy, with Councilmember Dingman, Councilmember Dunagan, and Councilmember Glancy voting "aye", and Councilmember Weidinger and Councilmember Blair voting "nay", approved the second option that would provide service similar to the rest of the week and to appropriate $26,089.00 from the unencumbered balance, with the understanding that this is a trial period and the funding is only provided from March 16, 1986 until the end of the fiscal year which is September 30, 1986 and at that time this proposal will be reviewed again by the City Council. This motion will also include the monitoring of the usage by the City Staff to provide facts and figures to be used in preparation of the next budget. The motion passes with a three to two vote. D.3 CONSIDER REQUEST TO CALL PUBLIC HEARINGS TO ALLOW CHURCH SCHOOLS ONLY WITH A SPECIFIC USE PERMIT. Mayor Dodd stated that the City's current zoning ordinance requires a specific use permit for churches in residential zoning districts. The current zoning ordinance will allow a public or denominational school in any zoning district of the City. Mayor Dodd explained that there has been a trend in recent years for churches to include schools within their church facilities. In many cases, the school impacts residential areas. The City Staff requests that the City Council consider calling public hearings to amend the zoning ordinance so as to allow church schools only with a specific use permit in residential zoning districts of the city and be a permissible use in other zoning districts of the city. A motion by Councilmember Weidinger, a second by Councilmember Glancy, all voting "aye", to call Public Hearings to allow Church Schools only with a specific use permit. D.4 CONSIDER AWARDING THE BID FOR NEW OR REPLACEMENT RADIO EQUIPMENT. Mayor Dodd stated that Eleven (11) requests for bids were distributed for eleven (11) low band mobile radios, twelve (12) hand held radios, five (5) high band-mobile radios and one (1) communications recording system. By bid opening date six bids had been received. Motorola Communications submitted the low bid, meeting specifications on all items except the communications recording system. Motorola's total bid was $39,149.00. Low bid, meeting specifications on the communications recording system was Vol. 49, Page 22 submitted by Dictaphone Corporation for a total of $15,012.06. The grand total of bids for all items is $54,161.06. A total of $69,800.00 was budgeted for this purchase. Mayor Dodd stated that a motion to award this bid to Motorola Communications in the amount of $39,149.00 and to Dictaphone Corporation for $15,102.06 for a total of $54,161.06 is recommended by the staff. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", awarded the bid for new or replacement radio equipment to Montorola Communications in the amount of $39,149.00 and to Dictaphone Corporation for $15,102.06 for a total of $54,161.06. D.5 CONSIDER AWARDING THE BID FOR SENLAC DRIVE PAVING AND BRIDGE FROM VALLEY VIEW LANE TO DIPLOMAT DRIVE AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that this project will provide a continuous roadway link on Senlac Drive between Valley View Lane and Diplomat Drive. The project consists of storm drainage, concrete paving and a concrete bridge structure. Bids for the subject project were received on January 27, 1986. The low bid has been submitted by Ashlar Contracting Company in the amount of $1,313,532.62. Funding for this project is available in the amount of $1,306,198.00 which includes both city allocated funds and developer contributions. This creates a deficit of $7,340.62. In addition, an estimated $90,000.00 will be required for testing and right of way acquisition. Mayor Dodd stated that the Engineering Staff recommends the contract for Senlac Drive Paving and Bridge Project be awarded to Ashlar Contracting Company in the amount of $1,313,532.62 and that $100,000.00 be allocated from the C.I.P. reserve for this project. A motion by Councilmember Weidinger, a second by Councilmember Dunagan, all voting "aye", awarded the bid for Senlac Drive Paving and Bridge Project from Valley View Lane to Diplomat Drive to Ashlar Contracting Company in the amount of $1,313,532.62 and that $100,000.00 be allocated from the C.I.P. reserve for this project. D.6 CONSIDER AWARDING BID FOR FARMERS BRANCH PARK PHASE TWO AND TAKE APPROPRIATE ACTION Mayor Dodd stated that bids were opened January 27, 1986 for Farmers Branch Park Phase Two. The bids were for the parking lot, driveway, rest rooms, drinking fountain, security lighting, shelter pad, playground curbing, and irrigation. A total of ten bids were received, four bidders submitted complete bids, six bidders submitted incomplete bids. H & H Construction Co., Inc. was low bidder on the total bid for $128,946.50. There is approximately $55,000 remaining in the project account. Vol. 49, Page 23 Installation of all of the bid items would complete the entire project. An appropriation of $79,000 from unencumbered funds will be needed to complete Farmers Branch Park. Mayor Dodd stated that the Engineering Department recommends that Farmers Branch Park Phase Two be awarded to H & H Construction for $128,946.50. The Engineering Department also recommends that $79,000 be appropriated from the CIP reserve fund. A motion by Councilmember Glancy, a second by Councilmember Weidinger, all voting "aye", approved awarding the bid for Farmers Branch Park Phase Two to H & H Construction Co., Inc. and appropriate $79,000.00 to complete this project from the CIP reserve fund. D.7 CONSIDER AWARDING THE BID FOR THE ANNUAL SUPPLY OF PORTLAND CEMENT CONCRETE, AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the existing contract for the annual supply of Portland Cement concrete will expire on February 26, 1986. Bids for the annual supply of concrete were received on January 23, 1986. Two bids were received. The lowest bid received was submitted by Freeway Ready-Mix Company in the amount of $37.50 per cubic yard if picked up by City trucks, or $42.50 per cubic yard, delivered by the Company's trucks. The total estimated annual quantity is approximately 4000 cubic yards. The bid represents a unit price amount, and the concrete will be ordered on an as needed basis. The total estimated cost at the lowest unit price bid is $150,000.00. Funds for the purchase of this material are included. in the budget in the amount of $175,000.00. Mayor Dodd stated that the Public Works Department recommends that the bid for the annual supply of Portland Cement Concrete be awarded to Freeway Ready-Mix Company. A motion by Councilmember Dunagan, a second by Councilmember Blair, all voting "aye", awarded the bid for the annual supply of Portland Cement Concrete be to Freeway Ready-Mix Company. D.8 CONSIDER ORDINANCE NO. 1619 RELATING TO ACCESS TO PUBLIC INFORMATION. Mayor Dodd stated that an ordinance has been prepared as directed by the City Council relating to the access by the public to information in the custody of the City. Mayor Dodd stated that pertaining to Ordinance No. 1619 relating to access to public information, Page 6, Item No. F.2. and Item No. F.3 are: a) Copies: For copies of documents (maximum of ten (10) copies will be supplied $0.55 for the first page and $0.15 for each additional page. b) Clerical searches: For each one quarter hour spent by clerical personnel in excess of the Vol. 49, Page24 first quarter hour in searching for the producing requested records, $2.00. Mr. Vernon Smith, 2715 Bay Meadows Circle, Farmers Branch. Mr. Smith stated that he had submitted thirteen questions, and only received part of the answers. Mr. Smith's letter was dated January 24, 1985. Mr. John Boyles, City Attorney stated that all questions were addressed and that if Mr. Smith did not feel they were all answered satisfactorily, the City would address this matter separately. A motion by Councilmember Dingman, a second by Councilmember Weidinger, all voting "aye", adopted the following captioned Public Information Ordinance No. 1619 relating to the access by the public to information with the amended changes as discussed in the Study Session of February 3, 1986. ORDINANCE NO. 1619 "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, RELATING TO THE ACCESS BY THE PUBLIC TO INFORMATION IN THE CUSTODY OF THE CITY OF FARMERS BRANCH; PROVIDING DEFINITIONS; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THE CUSTODIAN OF PUBLIC RECORDS; PROVIDING PROCEDURES FOR THE APPLICATION FOR PUBLIC INFORMATION; PROVIDING FOR REQUESTING ATTORNEY GENERAL OPINIONS; PROVIDING FOR A WRIT OF MANDAMUS; PROVIDING FOR THE COST OF COPIES AND CHARGES FOR ACCESS TO PUBLIC RECORDS OR CASH PREPAYMENT; PROVIDING FOR A BOND FOR PAYMENT OF COSTS FOR REPARATION OF PUBLIC RECORDS OR CASH PREPAYMENT; PROVIDING THAT REQUESTS REQUIRING MORE THAN TEN (10) HOURS TO PRODUCE SHALL BE FORWARDED TO THE CITY COUNCIL; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING FOR THE INTERPRETATION OF THIS ORDINANCE; PROVIDING A SEVERABILITY CAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE." A motion by Councilmember Blair, a second by Councilmember Dunagan, all voting "aye", directed that a "Grandfather Clause" be set forth to waive any and all cost to anyone who has submitted specific questions to the City of Farmers Branch prior to this Council Meeting. D.9 CONSIDER APPROVING BUDGET REQUEST SUBMITTED FOR THE HISTORICAL PRESERVATION AND RESTORATION BOARD AND TAKE THE APPROPRIATE ACTION. Mayor Dodd stated that a line-item budget has been received from the Historical Preservation and Restoration Board and is presented for consideration as directed by the City council. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting " aye",'to send Item D.9 back to the Historical Preservation and Restoration Board for a breakdown on line items for the budget. Vol. 49, Page 25 D.10 CONSIDER APPROVING BUDGET REQUEST SUBMITTED FOR THE PARK & RECREATION BOARD AND TAKE THE APPROPRIATE ACTION. Mayor Dodd stated that a line-item budget has been received from the Park & Recreation Board and is presented for consideration as directed by the City Council. Lorraine Skamfer, 13407 Tanglewood, Farmers Branch, was present and stated that she believed the figures in the budget will cover other Board Member's attending the budgeted projections of submitted meetings. A motion by Councilmember Weidinger, a second by Councilmember Glancy, all voting "aye", approved budget request submitted for the Park & Recreation Board. D.11 CITIZEN PARTICIPATION. John Wells, 13521 Heartside Place, Farmers Branch, questioned the Council as to how the monitoring system for the library will be structured. Councilmember Glancy assured Mr. Wells that the proper monitoring of the Library would be implemented. Mr. Vernon Smith, 2715 Bay Meadows Circle, Farmers Branch, stated that Mallon Park, needs immediate attention to the eroding slopes on the creek bed. E.1 EXECUTIVE SESSION. NO EXECUTIVE SESSION WAS HELD F.1 ADJOURNMENT. A motion by Councilmember Dunagan, a second by Councilmember Glancy, all voting "aye", adjourned the Council Meeting at 11:45 P.M. yor J C rca City Secretary n Vol.. 49, Page 26