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1986-03-17 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 03/17/86 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 Director of Community Services Randall Mahaffey Tom Scales Director of Public Works Earl Deland Director of Parks & Recreation John Burke Director of Marketing Charlie McIlvain Traffic Engineer Larry Cervenka Recording Secretary Ruth Ann Parish Mayor Dodd called the City Council Meeting of 03/17/86 to order at 7:33 p.m. The meeting was televised. A.1 INVOCATION Dr. Charlie Blanton, Principal of Newman Smith High School, gave the invocation and Minister Roland Hayes led the Pledge of Allegiance. A.2 PRESENTATION OF HONORARY CITIZEN AWARD. This item has been placed on the agenda at the request of Mayor Dodd. Mayor Dodd introduced Diego Gaspari, a foreign exchange student from Argentina. State Representative, Bill Blanton, came forward and presented Diego Gaspari, with a Lone Star Flag which flew over the State Capital, in Austin, March 2nd, 1986, this being the date of the Vol, 49. naae 51 STEPHANIE BYRD, KAREN COKER, SUSAN GORE, ELISA HOCHMAN, SALLY SUITER, BRANDI HARMON, SHEILA EATON, MARILEE McCRUMMEN, JEFF ARMENTROUT, SUZANNE HOCKSTETER, and SCOTT ARCHIMBAUD. Mrs. Gracie Smith, President of the City Council PTA for Carrollton/Farmers Branch Independent School District, made a special presentation, in behalf of the students of R.L. Turner, Newman Smith and W.T. White High Schools to Casa De Los Amigos (a refuse for runaway children). Ms. Smith presented Tim James, Program Director of Casa De Los Amigos, with a check in the amount of $3,588.16, to help aid in providing a home for runaway teenagers, from the proceeds of the dance. Mr. James stated that it means so much more when the money comes from young people. Mr. James also stated that Michael Murphy (a popular singer and video maker) has been contacted and is being requested to do a benefit for Casa De Los Amigos. Mr. Murphy has written a song and made a video called "Runaway Come Home". Mayor Dodd presented Minister Richard Seymour, of Farmers Branch Church of Christ, with a plaque for the Church's participation in the program and Rick Grimm for his individual participation in the program. Mayor Dodd read a letter of Commendation from President Ronald Reagan to each of the Student Body Presidents of W.T. White, R.L. Turner and Newman Smith High Schools. Mrs. Janie Scarbrough, Executive Vice President of the Farmers Branch Business Chamber of Commerce, plans on presenting to Willard Scott, Weather Man of the Channel 5 News, on the Today Show, with a Farmers Branch "Brand" Plaque. Ms. Scarbrough stated that the Folklore Festival to be held April 19th, 1986 will get National attention from Mr. Willard Scott. SPECIAL ANNOUNCEMENT Mayor Dodd announced that Councilmember Glancy, has decided not to run for re-election. Mayor Dodd and each fellow Councilmember commended Councilmember Glancy on his outstanding service and devotion to Farmers Branch. Councilmember Glancy graciously accepted the comments and had complimentary statements to make about his association with all the other members of the Council and their contributions to Farmers Branch. A.4 PRESENTATION OF SERVICE AWARD. Mayor Dodd presented the following Service Award. OFFICER VIRGIL ELLZEY, OF THE POLICE DEPARTMENT 15 YEAR AWARD A.5 PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd stated that this item gives applicants an opportunity to present board applications to the City Council. Vol. 49, page 53 150th anniversary of the signing of the Texas Declaration of Independence from the Republic of Mexico. Mayor Dodd presented Diego Gaspari with a Sesquicentennial Flag, a Farmers Branch lapel pin, a plaque designating Diego Gaspari as an Honorary Citizen in Farmers Branch, Texas, and a plaque from the Citizens of Farmers Branch extending their welcome. Barbara Acker, with the organization "Youth for Understanding", was present and stated that information about becoming a sponsor family or an exchange student could be obtained from the "Youth for Understanding" offices. A.3 PRESENTATION OF CERTIFICATES OF APPRECIATION TO PARTICIPATES OF THE "PROTECT YOUR CHILD AND YOUTH DAY" PROGRAM. Mayor Dodd presented certificates of appreciation to volunteers of "Protect Your Child" sponsored by the Cities of Carrollton, Farmers Branch, and Dallas. The following list of volunteers helped plan, organize and carry out finger printing and photographing of area children: RICHARD GLENN, CHRIS MEEHAN, BRENNAN CROWE, MIKE RUSSELL, VALERIE LARSON, REID ROSSMANN, MARK FABER, DENNIS SILVER, MIKE DOWNS, RICK GRIMM, MISTY GRIMM, CHARLOTTE POPE, PERRY CALLAHAN, LAURIE CALLAHAN, PAT STRUCK, KATHY STRUCK, BRAD RAGLE, LAURIE RAGLE, LOU ARNOLD, RON CASH, MARY BETH CASH, MICHAEL HAYES, ROLAND HAYES, RICHARD SEYMOUR, BARBARA BONNEAU, JAN KENDRICK, TWILA TEAGUE, LINDA BURNHAM, ANGELA BURNHAM, DARRIN HAMM, PATTI RAMSEY, DANITA TUCKER, OFFICER DAVID LEMMONS AND OFFICER FRANK MILLS. Minister Roland Hayes and Minister Richard Seymour stated that over 500 children were fingerprinted and photographed. Mayor Dodd stated that the other aspect of this program was a dance to raise funds for runaway children. Mayor Dodd stated that the Westen Hotel donated the use of their ballroom, and over 800 youths attended the dance. Mayor Dodd recognized the following youths for their part in the success of the program: JULIE MADRIGAL, CAREY STEFFENHAGEN, ELLEN CALDWELL, JILL ANDERSON, DAVID DODD and SCOTT ARCHIMBAUD. Mayor Dodd explained that a dance with the theme "Youth Helping Youth" was held to obtain funds (youth funds for youth shelter) to benefit runaway children. The dance was sponsored by three High Schools (R.L. Turner, Newman Smith and W.T. White). Mayor Dodd also recognized the following list of students for their participation in the Youth Day Program: DAVID DODD, PAUL CARTER, TED LEWIS, JILL ANDERSON, KELLI DENNOUEY, RICHARD PRAGER, ELLEN CALDWELL, JOHN BUSH, ANDREA BERGERON, CAREY STEFFENHAGEN, JULIE MADRIGAL, PETER HAAS, AUDREA STARR, LORI REVEL, BETH SIMMONS, JULIE VANDERBURG, STACY ALLMAN, TRACY BRUMFIELD, MARY KERSTING, No one was present to present a Board Application. 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 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 consent 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, with the addition of Agenda Items C.5 and C.6, and with an amendment to the minutes of 03-03-86 as stated by Councilmember Blair. B.la. APPROVED MINUTES OF MARCH 3, 1986 MEETING. B.lb. ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1612. "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS ABANDONING A SANITARY SEWER EASEMENT AND PORTIONS OF FIRE LANES IN THE SANFORD CORPORATE CENTRE, WHICH IS NO LONGER NEEDED OR NECESSARY; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN FAVOR OF THE OWNER OF THE ABUTTING PROPERTY; PROVIDING THAT SUCH ABANDONMENT SHALL BE INSOFAR AS APPLICABLE TO THE PUBLIC RIGHT, TITLE AND INTEREST IN SUCH PUBLIC IMPROVEMENTS ONLY; AND DECLARING AN EMERGENCY." B.lc. APPROVED RESOLUTION NO. 86-011 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DALLAS COUNTY FOR ROADWAY MAINTENANCE. B.ld. AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR A RADIO MAINTENANCE CONTRACT FOR THE POLICE, FIRE AND OPERATION DIVISIONS OF THE CITY. B.le. APPROVED REQUEST BY BILL WALTERS COMPANIES-TEXAS FOR REPLAT APPROVAL OF STANFORD CORPORATE CENTRE TO CORRECT DEFICIENT FIRE LANES. B.lf. APPROVED OF AMENDMENT TO AGREEMENT BETWEEN THE CITIES OF ADDISON AND FARMERS BRANCH ON MARSH LANE FOR THE MAINTENANCE OF SIGNALS ON MARSH LANE AND SPRING VALLEY. B.1g. APPROVED VOLUNTARY DEED RESTRICTIONS SUBMITTED BY THE PROPERTY OWNERS OF 14540 BELTWOOD PARKWAY EAST RELATING TO GENERAL ENGINE REPAIR USE IN A LIGHT INDUSTRIAL ZONING DISTRICT. Vol. 49, page 54 B.lh. ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1627. "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 GRANT A SPECIFIC USE PERMIT FOR "GENERAL ENGINE REPAIR" USE IN THE LIGHT INDUSTRIAL ZONING DISTRICT LOCATED AT 14540 BELTWOOD PARKWAY EAST; ESTABLISHING CONDITIONS OF OPERATIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY." B.li. ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1625. "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS; AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED; BY AMENDING THE SPECIFIC USE PERMIT THAT WAS GRANTED FOR OPERATION OF A PRIVATE CLUB IN PLANNED DEVELOPMENT ZONING DISTRICT NO. 42, SAID PRIVATE CLUB TO BE OPERATED IN DESIGNATED AREAS WITHIN THE ATHLETIC FACILITY LOCATED ALONG THE WEST SIDE OF DALLAS PARKWAY BETWEEN SPRING VALLEY ROAD AND ALPHA ROAD; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY." B.lj. ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1626. "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 GRANT A SPECIFIC USE PERMIT FOR A SATELLITE ANTENNA DISH TO BE MOUNTED ON THE ROOF TOP OF THE BUILDING LOCATED AT 4332 BELTWOOD PARKWAY SOUTH IN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT; 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." C.5 S 86-03 WC SITE PLAN: APPROVED REQUEST OF CADILLAC FAIRVIEW FOR SIGNS ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF LBJ FREEWAY AND LUNA ROAD IN PLANNED DEVELOPMENT 22. C.6 S 86-03 SITE PLAN: APPROVED REQUEST OF CADILLAC FAIRVIEW TO AMEND THE SITE PLAN FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF LBJ FREEWAY AND LUNA ROAD IN PLANNED DEVELOPMENT 22. EMERGENCY ITEMS DECLARED Vol. 49, page 55 A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", declared an emergency and added to the regular agenda items numbered B.3, B.4 and B.5. 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. B.3 CONSIDER SENDING A LETTER TO THE UNITED STATES SENATORS AND UNITED STATES REPRESENTATIVES OPPOSING THE TAX REFORM ACT OF 1985 (H.R. 3838) AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that this item has been placed on the agenda at the request of Councilmember Dingman. The proposed Tax Reform Act of 1985 (H.R. 3838), in its present form, contains legislation that severely restricts the use of tax exempt bonds for governments and their activities. A retroactive effective date of January 1, 1986 and extremely restrictive issuance and use requirements severely hampers the City of Farmers Branch in its use of bonds to finance local construction projects. A discussion was held relating to the proposed letter and of the Councils desire for the City Attorney to redraft the letter. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", instructed the City Attorney, John Boyle, to prepare the appropriate letter to send to the United States Senators and United States Representatives outlining the particular points of opposition to the Tax Reform Act of 1985 (H.R. 3838) as stated in the Study Session. B.4 CONSIDER REQUEST TO PRESENT A PETITION CONCERNING UPHOLDING THE ZONING AS PRESENTED IN THE MASTER PLAN AND TAKE THE APPROPRIATE ACTION. Mayor Dodd stated that this item has been placed on the agenda at the request of Mr. Guy Olinger, 3923 Crestpark Drive. Mr. Guy Olinger presented a petition to the Mayor and City Council of Farmers Branch. The petition requested that the City Council refrain from approving any proposed rezoning by either residents or developers of the area boundaries within Marsh Lane, LBJ and Valley View Lane, residential areas, into Commercial Zoning. Mr. Olinger exhibited a petition with 279 signatures. Mrs. Cynthia Stanaland, 12220 Brisbane, was present and stated that she was opposed to Commercial Zoning of the residential areas of Valley View Lane and Josey Lane within Farmers Branch. All Councilmembers assured Mr. Olinger and Ms. Stanaland that this Council would uphold a resolution passed previously that supports the retention of all stable Farmers Branch Single Family Residential neighborhoods and the zoning to support same. Vol. 49, page 56 B.5 CONSIDER CALLING A PUBLIC HEARING ON THE PRELIMINARY DRAFT OF THE COMPREHENSIVE PLAN FOR APRIL 7 1986. Mayor Dodd stated that The Planning and zoning commission recommendation will be complete and ready for submittal to the City Council during the week of March 17th. Mayor Dodd stated that the City Staff suggested that the City Council call a Public Hearing relating to the preliminary draft of the Comprehensive Plan. Mayor Dodd stated that the Planning and Zoning Commission recommends that a public hearing be set for April 7, 1986. A motion by Councilmember Weidinger, a second by Councilmember Glancy, all voting "aye", approved the recommendation by the Planning and zoning commission to call a Public Hearing on the Preliminary Draft of the Comprehensive Plan, to take place on April 7th, 1986. C.1 DISCUSS THE HISTORICAL PROPERTY AND TAKE THE APPROPRIATE ACTION. Mayor Dodd stated that the Texas Water Commission has issued a directive to Zoecon Industries to remove contamination from specific areas along the south property line of the historical property. The action was taken at the Commission meeting conducted on March 11, 1986. The Commission further directed that the contamination removal be conducted in such a manner to save as many trees as possible. Mayor Dodd stated that Zoecon Industries has submitted a plan for removing the contaminated soil to the Texas Water Commission. The plan has not been approved as of this date. Zoecon Industries would like to meet with the city staff to review the plan and discuss access to the park property and stabilization of the creek bank along the culverts. Mayor Dodd stated that the City Council has directed that all communications with Zoecon Industries be through the City Attorney therefore the staff cannot discuss access to the property, soil removal, or stabilization of the south bank of the creek with Zoecon. The City Staff recommends that the directive be amended to allow the City Staff to discuss the plan with Zoecon Industries. A motion by Councilmember Weidinger, a second by Councilmember Dingman, all voting "aye", moved that the City's Policy relative to the analysis and investigation of the possible soil and water pollution of it's Historical Park by Zoecon Corporation, which policy was approved on December 17, 1984 is amended as follows: 1) The City Staff in conjunction with the City Attorney, or an attorney from the City Attorney's staff is authorized and directed to meet with Zoecon representatives to review Zoecon's plan of reclamation and to develop a detailed method for Vol. 49. naae 57 the carrying out of an approved plan on and in the City's Historical park which detailed method shall address the preservation of existing trees and other primary park features; and 2) Zoecon's proposed plan of reclamation shall be submitted to Dr. Lowry, the City Toxicologist for his review and analysis; and 3) All other aspects of the December 17, 1984 policy are ratified and left intact. C.2 CONSIDER THE PLACEMENT OF THE EAGLE AND TAKE THE APPROPRIATE ACTION. Mayor Dodd stated that the Eagle at the Library was moved during the construction of the new Library Building. A new location for the Eagle needs to be decided upon. The Library Board has made a recommendation for its placement and the Civic League has inquired where the Eagle would be placed. Councilmember Blair stated that the Eagle is considered an expensive piece of art and appropriate measures should be taken to insure that the handling and placement are adequate. A motion by Councilmember Blair, a second by Councilmember Dunagan, all voting "aye", directed that the following measures be implemented in consideration of the placement and handling of the Eagle. 1. That the City Staff obtain an appraisal on the Eagle. 2. That the City Council instruct the City Staff to seek the services of a Consultant to aid in the decision on the method of proper handling and placement of the Eagle. 3. That the City Staff investigate the appropriate type of insurance for the Eagle. C.3 PUBLIC HEARING: CONSIDER AN AMENDMENT TO THE CITY OF FARMERS BRANCH ZONING ORDINANCE TO REQUIRE A SPECIFIC USE PERMIT FOR CHURCH-DENOMINATIONAL SCHOOLS IN SINGLE-FAMILY RESIDENTIAL AREAS. Mayor Dodd explained that in recent years, there has been a trend for churches to include schools within their church facilities. In many cases, schools impact residential areas. If the ordinance is amended to require a specific use permit, the public hearing process is established to determine the compatibility of such uses. Mayor Dodd Opened the Public Hearing. Mrs. Cynthia Stanaland, 12220 Brisbane, was present and stated that this is a sensitive and delicate area, and that the City should not be deemed an intruder, but should be a mediator only to alleviate problems. Vol. 49, page 58 A motion by Councilmember Glancy, a second by Councilmember Weidinger, all voting "aye", closed the Public Hearing. Councilmember Blair stated that the Planning and Zoning Commission by unanimous vote at the February 24, 1986, meeting recommended to the City Council that the Zoning Ordinance be amended to require a specific use permit for church/denominational schools in single-family residential districts. Councilmember Dingman stated that this amendment came about strictly because of a Citizen's concern for traffic congestion due to a Church locating a school within a residential area. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", adopted an Amendment to the City of Farmers Branch Zoning Ordinance to require a specific use permit for church-Denominational Schools in Single-Family Residential areas per the Planning and Zoning commission's definition as follows and that the appropriate ordinance be prepared CNr~,I(~' A CHURCH-DENOMINATIONAL SCHOOL (OR DAY NURSERY) SHALL BE DEFINED AS AN EDUCATIONAL FACILITY SPONSORED OR OPERATED BY AN ORGANIZATION ESTABLISHED FOR RELIGIOUS PURPOSES THAT HAS A STATE CERTIFIED STAFF AND/OR AN ACCREDITED CURRICULUM FOR PRE-SCHOOL, ELEMENTARY OR SECONDARY EDUCATION. C.4 Z86-02 C PUBLIC HEARING: CONSIDER REQUEST OF THE PEP BOYS BY TOM ORENDAIN FOR COMMERCIAL ZONING AND A SPECIFIC USE PERMIT FOR AN AUTOMOBILE REPAIR FACILITY ON THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW AND JOSEY LANES. Mayor Dodd stated that the Pep Boys are requesting zoning to permit an automobile repair facility on the property located at the northwest corner of Valley View and Josey Lanes. The present zoning of LR-1 and LR-2 does not permit this type use, therefore a change in zoning to Commercial with a specific use permit is required. Mayor Dodd stated that the Planning and Zoning Commission by unanimous vote at the February 24, 1986 meeting, recommends this request be denied. Mayor Dodd opened the Public Hearing. Mr. John Hartsock, 1122 West Washington, Los Angles, CA., Director of Property Management, was present and stated that the company has been in business for over 60 years. Mr. Hartsock also stated that the Pep Boys Company is willing to landscape the area and is willing to go along with deed restrictions as if desired by the City Council. Mr. Hartsock distributed pictures of other Pep Boys facilities to give the Council an idea on the appearance of the proposed service station. Vol. 49, page 59 Mrs. Cynthia Stanaland, 12220 Brisbane, was present and stated that this would be considered a case of spot zoning and that this would be a major mistake for the City of Farmers Branch. Mr. John H. Wells, 13521 Heartside Place, was present and stated that he was opposed to the noise pollution that would be brought about by an automotive service shop in this area. Mr. Wells stated that the City of Farmers Branch was opposed to such a service eighteen years ago, and that the Citizens are still opposed to such a service in this particular area. Mr. Don O'Donnell, Owner of Dick's Auto Supply, 13000 Josey Lane, was present and stated that he has been in business with Farmers Branch for fifteen years and that should the City Council have changed their minds about this type of zoning that it would only be fair to award his business the same type of zoning. A motion by Councilmember Weidinger, a second by Councilmember Dunagan, all voting "aye", closed the Public Hearing. After some discussion as to the type of service proposed and of the use at this location not being in the best interest of the City, there was a motion by Councilmember Dunagan, a second by Councilmember Weidinger, all voting "nay", denied the request of the Pep Boys by Tom Orendain for Commercial Zoning and a specific use permit for an automobile repair facility on the property located at the northwest corner of Valley View and Josey Lane as per the recommendation of the Planning and Zoning Commission. AGENDA ITEMS NUMBERED C.5 and C.6 WERE PLACED ON THE CONSENT ITEMS. D.1 CONSIDER AUTHORIZING CHANGE ORDER #4 AND APPROPRIATE FUNDS FOR THE GILBERT/MCKEE STRUCTURE IN THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that a Change Order #4 is being requested for appropriation of funds to allow for installation of a fire suppression system and antique doors in the Gilbert House. Change order #4 will allow for completion of the modification of a 1930's interior to an interior of the 1850's with the addition of a structure protective type fire suppression system. Mayor Dodd stated that a total additional appropriation of $26,400.00 will be needed to cover total cost of materials and labor associated with the change order. Unappropriated funds are available in the Hotel/Motel Fund in the amount of $468,643.00. Mayor Dodd stated that the Parks and Recreation Department recommends that the City Manager be authorized to execute Change Order #4 to include a dry pipe fire suppression system and antique doors, and appropriate $26,400.00 to cover the total cost. Councilmember Dingman stated that this request was also recommended by the Historical Board. After describing the fire suppression system there was a motion by Councilmember Blair, a second by Councilmember Dingman, all voting "aye", approved Change Order #4 and appropriated funds for the Gilbert/McKee structure in the Historical Park for a dry pipe fire suppression system and antique doors in the amount of $26,400.00, to come from unappropriated funds available in the Hotel/Motel Fund. D.2 CONSIDER AWARDING BID FOR ONE HEAVY DUTY INDUSTRIAL TYPE TRACTOR WITH THREE HAMMER KNIFE MOWERS. Mayor Dodd stated that notice was sent to nine tractor companies and two bids were received. Low bid was Ben Griffin Tractor Company for a total cost of $36,687.00. Second lowest bid was from Zimmerer Kubota for $41,000.00. Mayor Dodd stated that the total amount budgeted for the Tractor Unit with three hammer knife mowers was $30,558.00. Mayor Dodd stated that the Parks & Recreation Department recommends a motion to accept the low bid from Ben Griffin Tractor Company. A motion by Councilmember Blair, a second by Councilmember Glancy, all voting "aye", awarded bid for one heavy duty industrial type tractor with three hammer knife mowers to Ben Griffin Tractor Company in the amount of $36,687.00, recognizing that $30,558.00 was budgeted, and approved the additional cost of the tractor to come from the sale of an old mower unit (No. 51-81) and from the savings within the Park & Recreation Department's budget. D.3 CONSIDER AWARDING THE BID FOR A REPLACEMENT ASPHALT ROLLER FOR THE STREET DIVISION Mayor Dodd stated that bids for a replacement asphalt roller for the Street Division were received on March 5, 1986. Two bids were received. The lowest and best bid that meets the specifications is from Cooper Machinery Company, in the amount of $7,995.00. The amount of $6,500.00 is included in the Street Division budget for the purchase of this replacement roller. The additional funds are available in the budget due to other equipment being bid under the budgeted amount. Mayor Dodd stated that the Public Works Department recommends that the bid for a replacement asphalt roller be awarded to Cooper Machinery Company, in the amount of $7,995.00 A motion by Councilmember Glancy, a second by Councilmember Dunagan, all voting "aye", awarded the bid for a replacement asphalt roller for the Street Division to Cooper Machinery company, in the amount of $7,995.00, recognizing that $6,500.00 was budgeted for the asphalt roller and the additional funds, derive from funds available in the budget due to other equipment being bid under the budgeted amount. D.4 CONSIDER AWARDING THE BID FOR A REPLACEMENT STREET SWEEPER FOR THE STREET DIVISION Mayor Dodd stated that Bids were opened for a replacement street sweeper for the Street Division on March 6, 1986. Four bids were received. The lowest bid that meets the specifications was received from Martin Equipment Company in the amount of $57,933.00. Vol. 49, page 61 The Street Division budget included funds in the amount of $70,000.00 for the purchase of this replacement street sweeper. Mayor Dodd stated that the Public Works Department recommends that the bid for a replacement street sweeper be awarded to Martin Equipment company in the amount of $57,933.00. A motion by Councilmember Dingman, a second by Councilmember Glancy, all voting "aye", awarded the bid for a replacement street sweeper for the Street Division, to Martin Equipment Company in the amount of $57,933.00. D.5 CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR GEOPROCESSING AND MUNICIPAL MAPPING ACTIVITIES SYSTEM. Mayor Dodd stated that the Data Processing Department budget includes funds for the hardware and software for a Geoprocessing and Municipal Mapping Activities System. Funds are budgeted in the amount of $280,000.00 for the purchase of this equipment. Equipment to be purchased: A. One central Processing Unit (CPU) with internal disk drive and graphic software B. One Graphics Work Station C. Two View Only Work Station D. One Digitizing Table E. One Electron Static Plotter Estimated cost....... $ 212,000 Mayor Dodd stated that the Data Processing Department recommends that authorization be given to advertise for bids. After some discussion relating to the five year cost plan and the expense of the system, a motion by Councilmember Weidinger , a second by Councilmember Dunagan, with Councilmember Weidinger, Councilmember Dunagan, Councilmember'Blair and Councilmember Glancy voting "aye", and Councilmember Dingman voting "nay", authorized the advertisement for bids for Geoprocessing and Municipal Mapping Activities system as recommended by the Data Processing Department. The motion carried four to one. D.6 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 ON THE FYKE ROAD IMPROVEMENTS PROJECT TO CONSTRUCT A RETAINING WALL ALONG COOKS CREEK Mayor Dodd stated that the Fyke Road Improvements Project consists of reconstructing Fyke Road to a 41 foot wide concrete roadway, installing storm sewers and a sanitary sewer between Josey Lane and Webb Chapel Road. This Project is being worked on in conjunction with the City of Carrollton. Mayor Dodd explained that the construction of a reinforced concrete retaining wall along Cooks Creek immediately south of Fyke Road was authorized by Council action on June 3, 1985. Tiseo Paving Company, the general contractor on the Fyke Road Project, has Vol. 49, page 62 submitted the attached proposal to this wall as a change order to the in the amount of $105,405.00. complete the construction of Fyke Road Improvements Project Mayor Dodd stated that as this change order benefits Farmers Branch solely, the City of Carrollton will not be participating in the cost of the erosion control. Mayor Dodd stated that the City Engineer recommends that the City Manager be authorized to execute Change Order No. 1 for the Fyke Road Improvements Project in the amount of $105,405.00 to construct the retaining wall along Cooks Creek and that $105,405.00 be allocated from the Capital Improvement Reserves for this construction. Councilmember Blair stated that he believed that the money for this project had been appropriated about a year ago in the amount of $120,000.00. Mayor Dodd instructed the City Staff to review the past minutes and report back to the next City Council Meeting with information as to whether or not the money for this project had already been appropriated. A motion by Councilmember Weidinger, a second by Council Blair, all voting "aye", authorized the City Manager to execute change order No. 1 on the Fyke Road improvements project to construct a retaining wall along Cooks Creek to be funded by Capital Improvement Reserves in the amount of $105,405.00. D.7 CITIZEN PARTICIPATION. Mr. John Wells, 13521 Heartside, Farmers Branch, was present and questioned the Council as to the legality of a flapping sign advertising the sale of guns at a proposed gun sale business located at 2505 Valley View Lane. Mr. Tom Scales, Director of Community Services, was present and stated that there is a City Ordinance that permits two weeks annually to display Grand Opening Signs. Mr. Scales also stated that the particular store in question has applied for a special use permit to the Planning and Zoning Commission. Mayor Dodd instructed the City Staff to check the ordinance to see that the proper wording is in place to prevent establishments from advertising business openings or sales on proposed establishments which have'not been approved by the Planning and Zoning Commission. City Manager, Paul West stated that the City Staff would look into the status of the sign and check the amount of time the sign has been displayed and would get back with Mr. Wells in the morning. Mr. Wells stated that Southwestern Bell has excavated and left a hole in an alley at Rawhide Creek and Heartside. Mr. Wells expressed concern of danger for school children that pass this area on the way to school. Mr. Wells questioned if the City would enforce the filling of the hole that has been there for more than two weeks. Vol. 49, page 63 City Manager, Paul West stated that the City Staff would look-,into the problem and would get back to Mr. Wells with a status report. E.1 EXECUTIVE SESSION. Executive Session was not held. F.1 ADJOURNMENT. A motion by Councilmember Glancy, a second by Councilmember Blair, all v ing "aye", adjourned the Council Meeting at 9:40 P.M. J I City Secre Vol. 49, page 64