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1986-04-07 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 04/07/86 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 City Attorney John Boyle City Secretary Randall Mahaffey Director of Community Services Tom Scales Director of Public Works Earl Deland Traffic Engineer Larry Cervenka City Engineer Frank Knickerbocker Police Chief Roger Robbins Police Lieutenant George Campbell Director of Parks and Recreation John Burke Recording Secretary Ruth Ann Parish Mayor Dodd called the City Council Meeting of 04/07/86 to order at 7:34 p.m. The meeting was televised. A.1 INVOCATION Councilmember Dunagan gave the invocation and led the Pledge of Allegiance. A.2 CANVASS THE ELECTION RETURNS OF THE APRIL 5, 1986 CITY COUNCIL ELECTION. The following actions were taken to canvass and certify the results of the April 5, 1986 City Council Election. VOL. 49, Page 65 1. The Mayor read the canvass statement. "I, Mayor John Dodd, declare that I have had in my possession the following items since the close of the polls at 7:00 P.M., April 5, 1986 one copy of the election returns, one copy of the poll list, and one copy of the tally list." The votes for each candidate are as follows: PLACE: MAYOR: John D. Dodd NUMBER OF VOTES: 1,551 Paul Watten NUMBER OF VOTES: 1,128 PLACE: COUNCILMAN PLACE 2: John Dunagan NUMBER OF VOTES: 1,992 PLACE: COUNCILMAN PLACE 4: Cynthia Stanaland NUMBER OF VOTES: 241 Carol Dorn NUMBER OF VOTES: 933 Ben Frierott NUMBER OF VOTES: 634 Bob C. Phelps NUMBER OF VOTES: 810 The Total Votes Cast in the Election Were 2,729 Votes. Mayor Dodd stated that on April 19, 1986 there will be a run off election between Carol Dorn and Bob C. Phelps for Place 4 to be held at the Farmers Branch Manske Library and that absentee voting will start April 8, 1986 at the City Hall Building in Farmers Branch. 2. The City Council adopted Resolution # 86-009. A motion by Councilmember Blair, a second by Councilmember Glancy, all voting "aye", adopted Resolution No. 86-009, "CANVASS OF THE RETURNS AND DECLARATIONS OF THE RESULTS OF AN ELECTION HELD IN THE CITY OF FARMERS BRANCH, TEXAS ON APRIL 5, 1986, FOR THE ELECTION OF TWO COUNCILMEN AND THE MAYOR". 3. The City Attorney swears into office the Mayor. City Attorney, John Boyle administered the oath of office to Mayor John D. Dodd for Mayor of the City of Farmers Branch, in the State of Texas. 4. The Mayor swears into office the elected Councilmember Place 2. Mayor John D. Dodd administered the oath of office to Councilmember John Dunagan to the Office of Councilmember Place 2, for the City of Farmers Branch, in the State of Texas. tel. 49, Page 66 5. "Certificates of Election" were presented to those who were elected. Mayor Dodd presented Councilmember John Dunagan with a Certificate of Election. City Attorney, John Boyle presented Mayor John D. Dodd with a Certificate of Election. A.3 ELECT MAYOR PRO TEM. The Council postponed the election of Mayor Pro Tem until April 21, 1986. A.4 CONSIDER AN ELECTION ORDER FOR THE APRIL 19, 1986 RUNOFF ELECTION. Mayor Dodd stated that Section 7.09 of the City Charter requires that if no candidate receives a majority vote in the general election, a run-off election will be held. It is necessary to hold the election on April 19, 1986 for the purpose of electing the Councilman for Place 4. A motion by Councilmember Glancy, a second by Councilmember Weidinger, all voting "aye", that Bill Morgan is appointed the Presiding Election Judge and Jim Smith is appointed Alternate Presiding Judge, and the Presiding Election Judge shall appoint Election Clerks to serve at the election, which shall not be more than 6 in number. All of said Judges and Clerks shall be qualified voters in the City of Farmers Branch. A.5 PRESENTATION OF SERVICE AWARDS Mayor Dodd presented the following Service Awards: OFFICER RICHARD SCOGGINS OF THE POLICE DEPARTMENT.... 10 YEAR AWARD CAPTAIN DOUGLAS PENLAND OF THE FIRE DEPARTMENT....... 5 YEAR AWARD ROGER LAMPKIN OF THE PARK AND RECREATION DEPARTMENT.. 5 YEAR AWARD A.6 PRESENTATION OF APPRECIATION TO FORMER LIBRARY BOARD MEMBER MARY LUDWICK. Lee Rehberg, Secretary to the Library Board and Mayor John D. Dodd presented a plaque in appreciation to Mary Lubwick for having served on the Library Board. A.7 PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd stated that this item gives applicants an opportunity to present board applications to the City Council. T bl. 49, Page 67 No one was 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 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 Dunagan, with Councilmember Blair, Councilmember Dunagan and Councilmember Dingman voting "aye", and Councilmember Glancy and Councilmember Weidinger voting "nay", tabled Consent Item No. B.1e, to consider authorizing the advertisement for bids for new video equipment until May 5th, 1986. The motion passes three to two. A motion by Councilmember Blair, a second by Councilmember Dingman, all voting "aye", tabled Consent Item No. B.1g, to consider authorizing the advertisement for bids for a replacement concrete truck for the Street Division until April 21, 1986. A motion by Councilmember Blair, a second by Councilmember Dingman, all voting "aye", approved the following Consent Items, with the addition of Agenda Items No. D.3, D.5 and D.6. B.1a APPROVED THE MINUTES OF MARCH 17, 1986 MEETING. B.1b AUTHORIZED THE EXECUTION OF A DEVELOPER'S CONTRACT WITH THE MOST REVEREND THOMAS TSCHOEPE FOR MARY IMMACULATE CATHOLIC CHURCH ADDITION FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF VALWOOD PARKWAY AND DENNIS LANE. B.1c APPROVED REQUEST BY THE MOST REVEREND THOMAS TSCHOEPE FOR FINAL PLAT APPROVAL OF MARY IMMACULATE CATHOLIC CHURCH ADDITION. B.1d AUTHORIZED ADVERTISEMENT FOR BIDS FOR THE HISTORICAL PARK FENCE. B.1f AUTHORIZED THE CITY TO ADVERTISE FOR BIDS FOR IRRIGATION SUPPLIES FOR THE PARKS DIVISION. B.1h AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR ELECTRONIC METER READING DEVICES. D.3 ADOPTED ORDINANCE NO. 1629 AS WRITTEN BELOW: VOL, 49, PAGE 68 "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1629; SPECIFYING THE PLACEMENT OF STOP SIGNS ON ARBORVIEW AT SPRING VALLEY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVID- ING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY." D.5 APPROVED ENTERING INTO AN AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH AND THE DALLAS/FT. WORTH AIRPORT DEPARTMENT OF PUBLIC SAFETY IN A JOINT LAW ENFORCEMENT ACT FOR INTERLOCAL ASSISTANCE. D.6 APPROVED SELECTION OF TAN WALL COVERING COLOR FOR PORTIONS OF THE SENIOR ADULT ACTIVITY CENTER/COMMUNITY BUILDING. C.1 PUBLIC HEARING TO REVIEW AND COMMENT ON PRELIMINARY DRAFT OF PROPOSED COMPREHENSIVE PLAN FOR THE CITY. Mayor Dodd stated that Sedway Cooke and Associates, the City's Comprehensive Planning Consultant has submitted a preliminary plan proposals and options report on the proposed Farmers Branch Comprehensive Plan. Mayor Dodd stated that the plan has been reviewed by the Planning and Zoning Commission. The Commission has made its recommendations concerning the report to the City Council. The recommendations are included within the body of the report. Mayor Dodd stated that the purpose of this public hearing is to review the report and to receive input from the public. Mayor Dodd opened the public hearing. Mayor Dodd stated that the Planning and Zoning commission recommends that the preliminary plan proposals and options report be amended as per their suggestions and recommendations. Mr. Tom Cooke, representing Sedway Cooke and Associates was present and stated that this is not the draft plan, but an outline of a draft plan and that he is looking to the Planing and Zoning Committee and to the Citizens of the City of Farmers Branch for their recommendations and input before preparation of the draft of the Comprehensive Plan for the City of Farmers Branch. Mr. Wayne Cloud, representing Mobil Research and Development Corporation, stated that as a Corporation, Mobil fully supports the efforts of a Comprehensive Plan for the City of Farmers Branch. A./bL, 49, PAGE 69 Mr. Dan Dyess, 3740 Clubway Lane, was present and stated that in regards to the Country Club Estate, and the potential of rezoning, that he is worried that the Comprehensive Plan will lock in a plan that might not be acceptable in years to come and that future Councilmembers may not be able to deviate from plans and policies that are created today. Mr. Dyess asked the Council to remember that this plan should consider the Farmers Branch Citizen first. Mr. Tom Cooke, stated that the Planning and Zoning Committee and the City Staff will see that residential areas are preserved and that there will be flexibility in the Comprehensive Plan and that the City will be able to respond to current and future needs as they arise. Mr. Cooke also stated that Sedway Cooke and Associates are suggesting that the plan be reviewed annually and updated as necessary. Mr. Jim Manning, 3712 Clubway, Farmers Branch, Texas, was present and stated that Farmers Branch needs a Comprehensive Plan but does not want certain ideas locked into such a plan as it could be detrimental. Mr. Manning stated that he had a few questions to ask Mr. Tom Cooke about the Preliminary Draft Comprehensive Plan. Mr. Manning referenced page 24, paragraph 7, and stated that under the portion of "Farmers Branch Goals", addressing specifically: "The rights of the Citizens and all Property Owners must be scrupulously respected", was included in the first proposed plan and left out of the second proposed plan. Mr. Manning requested that this line be added back. Mayor Dodd stated that he would request that this line be added back to the Comprehensive Plan. Mr. Manning, referencing the area north of Christian Parkway and east of Ford Road; stated that the Draft Preliminary Plan, strongly suggested and recommended that the Final Comprehensive Plan require that this portion become residential., Mr. Manning stated that it would be dangerous to let this become residential as it is so close to the Zoecon Factory. Mr. Tom Cooke stated that this location is optimal in regards to park and recreational facilities and that should the area be deemed safe and not hazardous in the future, that the plan would suggest residential zoning. Mayor Dodd suggested that Mr. Manning be allowed a little more time for his questions and requested that Mr. Manning's questions follow after all other Citizens have spoke because Mr. Manning has thoroughly investigated the Comprehensive Plan and seems to have a lot of input that all Citizens and Councilmembers should be aware of. Seeing no objections Mayor Dodd introduced Mr. Fred Marsh. VOL . 49, PAGE 70 Fred Marsh, a property owner at the intersection of Valley View and Denton Drive, was present and stated that he would like to know about the compensation on 45 feet of right-of-way on the west side of Denton Drive (specifically his property) and exactly what the Plan is requiring, who will compensate and when will all of this take place. Mr. Tom Cooke stated that part of this area relates to the decision that will be made on the DART Transit Station location and should the station be located on general vicinity that it will at that time be necessary to improve the circulation of traffic in that area and that the subject area (Mr. Fred Marsh's Property) on Denton Drive is not property that is under consideration at this time. Mayor Dodd requested that the City Attorney, John Boyle inform Citizens as to the procedures of land acquisitions. City Attorney, John Boyle stated that any property that is needed by any entity would be appraised and that fair market value, at the time of taking, would be paid for the acquisition and for any damages to the remaining property that may occur because of the acquisition. Mr. Curtis Hodgkins, 5336 Alpha, Farmers Branch, was present and stated that he was concerned on how funding would take place for the expansion of Denton Drive, and whether this would have a chilling effect on the development and redevelopment of the property. Mr. Hodgkins stated that he was wondering about a condemnation of the said property (I-35 and Denton Drive), and exactly what would be the format of expanding the road with 30 or more property owners. Mr. Tom Cooke stated that this is not an immediate problem and that we are looking ahead in the Comprehensive Plan on the long term effect of the DART Station and making allowances on a thoroughfare plan in conjunction with the development and redevelopment of this area. Mr. Howard Mims, 1011 Greenville Road, Dunckanville, President of the Carrollton/Farmers Branch Flood Control District, stated that the Flood Control Organization has several concerns. Mr. Mims wanted to know what this would do to the present tax rate. Mr. Mims stated that he would also like this plan to evaluate the safety and use of sumps and levies. Mr. Don Blackwood, Member of the Carrollton/Farmers Branch Flood Control District, stated that he would like to emphasize the park system in regards to storm drainage, and would like the City to go back and look in City records at a City Plan entitled (Elmfork of the Trinity of the Parks and Recreation Study) and would urge that this plan be incorporated into the Comprehensive Plan. \tOL s 49, PAGE 71 Ms. Jody Kessler, Realestate Broker, and Member of the Steering Committee of the Country Club - Crest Park Estates of Homeowners Association, was present and stated that she is concerned with the Comprehensive Plan because it has a lack of research and flexibility in that it is insisting that specific areas remain residential. Ms. Kessler requested that the plan be structured to: 1) Delay or modify the Plan that relates to the Country Club Estate and Crest Park Estate of the City's zoning restrictions. 2) Grant neighborhoods the flexibility to grow and change as conditions permit. 3) Build flexibility into the Comprehensive Plan to allow the City to modify the control of trends and economic factors. Mr. Tom Cooke stated that Sedway Cooke and Associates uses very optimistic and realistic views and that the plan incorporates Economic Projections in the long term and not the short term basis. Mr. Bill Griggs, representing "The Word of Faith Church" with approximately 1,000 families who are members and reside in Farmers Branch, stated that the Church is opposed to the widening of Denton Drive and Rossford extension through the Church's property to six lanes. Mr. Griggs stated that this portion of the Proposed Comprehensive Plan would disrupt Church services and cause some of their buildings to become unusable and that the Church opposes that part of the plan and requests that the Council leave this area as it is now. Mr. Tom Cooke stated that the Comprehensive Plan will concentrate on widening major thoroughfares and that minor widening of this area may be necessary, but this would not have any major impact on any of the buildings or parking areas of the Word of Faith Church. Mr. Mike Tucker, representing The Farmers Branch Business Chamber of Commerce Economic Development Division, stated that the Chamber has two concerns; 1) The plan not be superior to the City's Comprehensive Zoning Ordinance and not by its adoption result in a wholesale revision of the land use and development rights throughout the City, instead the plan should be a guide to future land use, future zoning and future transportation planing issues. 2. The Plan not put The Farmers Branch Business Community at a competitive disadvantage when compared to business' in neighboring cities. Mr. Mike Tucker, representing Cadillac Fairview Inc., then spoke, stating that the Plan limits the height of buildings along the Luna Road and Royal Lane frontage and that high-rise buildings should be encouraged because high-rise buildings are generally high quality and usually result in more open space. Mr. Tucker felt that the Plan needed to have more flexibility in letting companies landscape as they see fit and that an assessment district overlaid with a flood control district taxing authority would stifle development on the west side of Farmers Branch. Mr. Tucker further stated that Cadillac Fairview Inc., would support the sale of alcoholic VOL, 49, PAGE 72 beverages to attract top quality business' to the west side of Farmers Branch. Mr. John Oechsner, 5515 Purdue, was present and questioned if his property has been condemned and if not, who he could sell it to? Mr. Oeschner further stated that there is a need for access to I-35 and 635 from the Valley View area and that there is a great need to limit greenbelt areas. Mr. Oeschner further stated that there was a need to rezone the North Dallas Truck Forms area. Mr. Tom Cooke stated that sometime in the future it may be necessary to widen Denton Road, and at that time condemnation will be discussed. Mr. Ray Ward, 12833 Pennystone, representing The Country Club Estates, stated that: 1) There was a petition submitted to the Council on March 27th, 1986, this document stated that citizens were opposed to commercial zoning of the LBJ, Marsh, Valley View triangle, 1.4% of the citizens who lived within the triangle were opposed to the commercial zoning and 1.1% of the citizens of Farmers Branch were opposed to the rezoning, showing that only a very small fraction of the citizens of Farmers Branch are opposed to rezoning of this area. 2.) In regards to the Cooke Study there is no mention of what Farmers Branch is going to do when Dallas develops it's area south of LBJ and Marsh. Mr. Ward further stated that this is going to happen, it is not a matter of if, it is a matter of when. Mr. Ward explained that it is more desirable to live in Farmers Branch and that Farmers Branch is going to get the problems of street maintenance and traffic enforcements without the associated tax revenues. Mr. Ward stated that people are going to be working in Dallas and the City of Farmers Branch will pay for it, (this is addressed under items No. 7 through 9, under the Transportation Code). Mr. Ward also stated that Item 12 of the Transportation Code which addresses safe pedestrian and bike routes will not be possible when Dallas develops in this particular area. Mr. Ward pointed out that figure 4.1 of the Comprehensive Plan shows that the Marsh, LBJ, Valley View Triangle is going to have the roads modified to increase Marsh to eight lanes, Valley View will increase to eight lanes, with a light rail on the south side of the triangle and a Dart Station at the east point of that triangle, and the study wants this residential area to remain residential with increased commercial traffic. Mr. Ward stated that if the Cooke Study wants this area to remain residential then it should use residential streets around the area instead of increasing commercial traffic routes around it. Mr. Tom Cooke stated that just because commercial areas border residential areas does not rationalize that the residential area must become a commercial area and that public transportation bordering residential areas will not depreciate residential areas. In fact, studies have shown that it can actually appreciate residential areas. VOL. 49, PAGE 73 1 Ms. Patricia Sallerwight, 3442 Cloverdale, stated that she objects to her neighborhood being locked into a residential zoning area. Mr. Guy Olinger, 3923 Crestpark, was present and stated that in regards to the area of Marsh, Valley View and LBJ, that a petition with 279 signatures indicated only what the people in the immediate area felt about rezoning the area to commercial. Mr. Olinger further stated that the Farmers Branch Citizen feels that commercial zoning would deteriorate the area. Mr. Olinger stated that voters feel that the City Council should take a permanent stand and approve the Cooke Study. Mr. Harry Skillman, 3916 Crestpark Drive, requested Mr. Cooke to incorporate wording that would insure the stabilization of his neighborhood and preserve the area as it is now, into the Comprehensive Plan. Mr. Mike Harrison, 3706 Ridgeoak Way, was present and stated that he supports the Comprehensive Plan. Ms. Vickie Harrison, 3706 Ridgeoak Way, requester the wording of the Comprehensive Plan to leave a flexibility in the rezoning of her neighborhood. stated that the traffic lights at Marsh Lane and not synchronized and that it takes more than ten through that light. i a change in degree of Ms. Harrison also Ridgeoak are minutes to get Mayor Dodd instructed the City Staff to see what could be done to synchronize the light at Marsh and Ridgeoak. City Manager, Paul West stated that the City of Farmers Branch is working with the City of Dallas at this time to get the Light at Marsh Lane and Ridgeoak synchronized Mr. Jim Mussey, both a resident and a business owner in Farmers Branch stated that he is in favor of the Comprehensive Plan and that the areas between I-35 and Denton Road are real eye sores and need to be upgraded. Mr. Jim Manning, 3712 Club Way Drive, referenced page 2.6 of The Comprehensive Plan pertaining to the Mobil Property and the wording being changed from "require" to "permit, suggest and encourage" residential use. Mr. Manning stated that he believed that this was a Governmental ploy and attempt to force the community into a locked zoning commitment. Mayor Dodd stated that the Cooke Study is suggesting an annual review to be made each year and at that time a philosophical view of the plan by the Councilmembers in office at that time will be made and that this is a guideline and a plan to which will be flexible enough to go along with the variables of the economy and trends at the time of review. 'VOL. 49, PAGE 74 Mr. Jim Manning referenced page 6.4, under the Assessment District, and question the problem of double and triple tax. Mr. Manning stated that this portion of the Comprehensive Plan is going to hurt new development in the City of Farmers Branch. Mr. Tom Cooke stated that the plan is attempting to distribute fairly the costs of water, sewer and utilities. Mr. Cooke stated that the City tax payers should pay their fair share and commercial developers should pay their fair share thus distributing the costs. Mr. Jim Manning referenced page's 6.5 and 6.6, of the Comprehensive Plan, questioning the policy of requiring developers to reduce the use of single cars and to use some other kind of transportation system, and more specifically to impose penalties for firms that fail to implement this policy and denial of occupancy should they fail to reduce the traffic, thereby asking them to close up and get out. Mr. Tom Cooke, stated that when a creates a severe traffic problem, take to overcome the problem. 1) amount of development causing the finance new improvements to solve 3) The Developer can come in with management program, and/or 4) any problem. developer comes into an area and there are several options he can k developer can decrease the problem. 2) The Developer can over capacity traffic problems. a workable transportation other means which solves the Mayor Dodd stated that this concludes the public hearing for this round and that there will be another public hearing after the draft has been taken care of. Mayor Dodd further stated that should you have any other questions that have not been answered here tonight please send them to the City Hall in care of the Mayor and the City Council and we will turn them over to the City Staff and Mr. Tom Cooke for answers. D.1 CONSIDER GRANTING HOMESTEAD EXEMPTIONS ON TAX ROLLS FOR 1986 AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that Article VIII, Section 1-b, of the Texas Constitution, Subsections (e) and (e-1), provides for a thirty percent (30%) exemption on resident homesteads for the years 1985 through 1987. The current exemption is thirty percent (30%). In addition the City has granted a $50,000.00 exemption for citizens 65 years of age or over and for disability. Mayor Dodd stated that Ordinance No. 1628 will provide for a 30% homestead exemption and for a $50,000.00 exemption for citizens over 65 years of age and for those with disability. Mayor Dodd stated that in the year 1988 that the 30% exemption on the homesteads will drop to 20% and remain that way due to State laws. %L. 49, PAGE 75 A motion by Councilmember Dingman, a second by Councilmember Blair, all voting "aye", adopted Ordinance No. 1628 as written below. "AN ORDINANCE GRANTING FOR 1986 A MARRIED OR UNMARRIED ADULT INCLUDING ONE LIVING ALONE, AN EXEMPTION FROM AD VALOREM TAXATION 30 PERCENT OF THE MARKET VALUE OF RESIDENCE HOMESTEAD; GRANTING A $50,000 OF THE ASSESSED VALUATION OF RESIDENCE HOMESTEADS OF PERSONS WHO ARE UNDER A DISABILITY FOR PURPOSES OF FEDERAL OLD AGE, SURVIVORS AND DISABILITY INSURANCE AND OF PERSONS SIXTY-FIVE (65) YEARS OF AGE OR OLDER FROM ALL AD VALOREM TAXES FOR SAID YEAR; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY." D.2 CONSIDER ORDINANCE NO.1630 RESTRICTING STOPPING, STANDING AND PARKING OF VEHICLES FROM 8:00 A.M. TO 5:00 P.M. DAILY ON EITHER SIDE OF GILLIS ROAD WITHIN THIRTY FEET (301) OF DRIVEWAYS FROM BELTWOOD PARKWAY NORTH TO SPRING VALLEY ROAD, AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the Traffic Engineering Department has received numerous complaints concerning the poor visibility available to motorists exiting the numerous driveways along Gillis Road due to vehicles being parked too close to driveways. A parking restriction during business hours within thirty feet (301) of driveways will enhance traffic safety by providing better viewing for exiting motorists of on coming vehicles. Councilmember Dingman stated that major property owners along both sides of Gillis Road strongly recommend this ordinance. Mayor Dodd stated that it is recommended by The Traffic Engineering Department that Ordinance No. 1630 be adopted. A motion by Councilmember Dingman, a second by Councilmember Weidinger, all voting "aye", adopted Ordinance No. 1630 as written below. "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, RESTRICTING STOPPING, STANDING AND PARKING OF VEHICLES FROM THE HOURS OF 8:00 AM to 5:00 PM DAILY ON EITHER SIDE OF GILLIS ROAD FROM BELTWOOD PARKWAY NORTH TO SPRINGVALLEY ROAD WITHIN THIRTY FEET (30 FEET) OF DRIVEWAYS; AUTHORIZING THE POSTING OF SIGNS AND MARKINGS; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY." AGENDA ITEM NO. D.3 WAS PLACED ON THE CONSENT ITEMS. D.4 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE FIRM OF YANDELL & HILLER, INC. FOR VOL, 49, PAGE 76 ENGINEERING SERVICES FOR EROSION CONTROL ALONG COOKS CREEK FROM HOLLANDALE LANE TO JOSEY LANE AND THE EAST WEST TRIBUTARY AND TAKE APPROPRIATE ACTION A motion by Councilmember Glancy, a second by Councilmember Dunagan, all voting "aye", tabled Agenda Item No. D.4 until the next regular City Council Meeting on April 21st, 1986. AGENDA ITEM NO. D.5 WAS PLACED ON THE CONSENT ITEMS. AGENDA ITEM NO. D.6 WAS PLACED ON THE CONSENT ITEMS. D.7 CONSIDER AWARDING THE BID FOR A MOBILE COMPUTER SYSTEM FOR THE POLICE DEPARTMENT. Mayor Dodd stated that the Police Department was funded with $214,995.00 for a Mobile Computer System. Three vendors submitted bids on March 25, 1986. A. Motorola Communications and Electronics $204,796.00 B. ElectroCom Automation, Inc. $195,625.00 C. Protostar Computer Technology, Inc. $250,000.00 Mayor Dodd stated that the low bidder did not meet specifications. FOR THE RECORD: Councilmember Blair excused himself from the room per the State Regulations on possible conflict of interest and is not taking place in any discussion, consideration or action on this Agenda Item No. D.7. Mr. Bill Rolston, representing ElectroCom Automation, Vice President of Marketing and Engineering was present and stated ElectroCom Automation was considered non-compliant in that it offered High Quality U.S. manufactured, E.F. Johnson 800 MHZ Data Radios, which met all requirements and specifications except that it is not a General Electric or Motorola brand name. Mayor Dodd stated that "As A Matter Of Record", that Mr. Rolston's statement that the Specifications stated that only the brand names of General Electric or Motorola will be accepted, and that the only difference between ElectroCom Automation's product and General Electric and Motorola's product is the brand name. Mike Worthington, Vice President of Communications for Motorola, 3320 Beltline Road, was present and stated that Motorola will service the radios and have bay stations and mobile units available to the City of Farmers Branch. Mr. Worthington further stated that the product will be produced, installed and maintained by Motorola. Mayor Dodd stated that the Police Department recommends awarding of the bid to the low bidder meeting specifications, this being \tOL, 49, PAGE 77 Motorola Communications and Electronics of Farmers Branch in the amount of $204,796.00. Councilmember Dingman questioned Mr. Rolston as to whether he had a service program for their radios. Mr. Rolston stated "yes", in Arlington, Texas. Councilmember Dingman questioned Mr. West as to whether it is common practice to specify name brands. Mr. West stated that it is not a usual policy to request name brand products and requested Police Chief Robbins to comment on this particular bid procedure. Police Chief Robbins, 13557 Rawhide Parkway, stated that the City did specify either Motorola or General Electric because multi-brands and combinations of equipment can only cause problems. Lieutenant George Campbell, of Communications for the Police Department, 1819 Aldren, Richardson, Texas, was present and answered technical questions as to the differences between the vendor's products and the necessity of having equipment that matched and with the same brand names. Councilmember Glancy stated that he approved of the City Staff's recommendation because the Police Department, above all, knows better then anyone what they need. Councilmember Dingman stated that she is opposed to naming brand name products. Mr. Rolston further stated that by specifying that all the radios be by a single manufacture and taking into consideration that General Electric does not currently produce the 800 MHz voice or data radio trunk mount required by the City, is essentially specifying a single source specification and that Motorola was the only supplier that could meet that requirement. A motion by Councilmember Glancy, a second by Councilmember Weidinger, with Councilmember Glancy, Councilmember Weidinger and Councilmember Dunagan voting "aye", and Councilmember Dingman voting "nay", awarded the bid for a mobile computer system for the Police Department to Motorola Communications and Electronics in the amount of $204,796.00. The motion passes three to one. Mayor Dodd notified Councilmember Blair that Item No. D.7 had been completed and at that time Councilmember Blair returned to the room. D.8 CONSIDER AWARDING BIDS FOR THE GEOPROCESSING AND MUNICIPAL MAPPING ACTIVITIES SYSTEM. VOL, 49, ?AGE 78 A motion by Councilmember Weidinger, a second by Councilmember Glancy, all voting "aye", tabled Agenda Item No. D. 8 until the May. 5th, 1986, City Council Meeting. D.9 CONSIDER AWARDING THE BID FOR CHEMICALS AND FERTILIZER FOR THE PARKS DIVISION AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the Park and Recreation Department would like to start to consider awarding bids for chemicals and fertilizer for the Parks & Recreation Department. Notice was sent to eleven (11) vendors. The Park and Recreation Department received eight (8) bids back. The total of the low bids are $61,989.46. There was $75,000 budgeted for chemicals and fertilizer in the 1985-86 budget. Mayor Dodd stated that the Parks and Recreation Department recommends that the Council award the low bids meeting specifications on chemicals and fertilizer for the Park Department. A motion by Councilmember Weidinger, a second by Councilmember Glancy, all voting "aye", approved the recommendation of the Parks and Recreation Department for Chemicals and Fertilizer in the amount of $61,989.46, for the Parks Division and for the bids to be distributed to the different vendors for different types of products (Chemicals and Fertilizers) as written below: Tri Sentry Chemical Corporation in the amount of $4535.38; B & G Chemical Company in the amount of $381.60; Estes Chemical Company in the amount of $3,056.50; Van Waters & Rogers in the amount of $23,149.98; James Lincoln corporation in the amount of $576.00 and Harpool Fertilizer Company in the amount of $30,290.00. D.10 CITIZEN PARTICIPATION. Marty Giehrl, 3404 Cavan Drive, stated that as a concerned citizen he would like to address the matter about Texas Power and Light Co. erecting nine (9) redwood posts on the south side of Valley View Lane, (the southern side of Mustang Trails Park) and requested that this Council do what is necessary to stop this action. Mayor Dodd stated that the City has limited power and requested that City Attorney, John Boyle address this matter for Mr. Gierl. City Attorney, John Boyle stated that the City is already looking into this matter to determine if the City is protected from such actions. Councilmember Dingman asked Mr. West if he was aware of these poles, and if so, had he contacted Texas Power and Light about these poles? VOL. 49, PAGE 79 Mr. Paul West, City Manager stated that he was not aware of these poles but the City is addressing poles that were erected just east of this location and requested that the City Engineer address this problem. Frank Knickerbocker, City Engineer, was present and stated that he was aware of the poles on the north side of the park and has contacted Texas Power and Light about these poles, and is currently awaiting a call back from the Texas Power and Light Company in the morning. Mr. Knickerbocker stated that he would also inquire about the poles on the south side of the Mustang Trails Park. Councilmember Dingman stated that if there is an immediate legal action that can be taken that the City Attorney should pursue it as soon as possible. Councilmember Weidinger requested that Mr. West get back with the Council first thing in the morning with the status on the poles being placed on Mustang Trails Park. A motion by Councilmember Weidinger, a second by Councilmember Dingman all voting "aye", instructed the City Manager to speak with the Texas Power and Light Company first thing in the morning to see what needs to be done to stop the installation of the poles on Mustang Trails Park and for the City Attorney, Mr. John Boyle to follow up with any and all legal action he deems necessary to halt this action, and to get back with the City Council first thing in the morning with any information pertaining to these poles. MAYOR DODD ANNOUNCES THAT THE ITEMS ON THE AGENDA OR 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 PERSONAL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 EXECUTIVE SESSION. a. Discuss Personnel Matters b. Discuss Land Acquisition A discussion was held concerning the necessity of acquiring right-of-way for the widening of Senlac Drive. C. Discuss Pending and Contemplated Litigation THE COUNCIL RECONVENED INTO GENERAL SESSION Necessary action on items discussed in the executive session: VOL. 49, PAGE 80 A motion by Councilmember Glancy, a second by Councilmember Weidinger, all voting "aye", adopted Resolution No. 86-14, determining the necessity of requiring fee simple title to a portion of property owned by Longhorn Road Boring Company and authorizing it's condemnation and/or appropriation to be used in connection with the widening, extending and improving of Senlac Drive. F.1 ADJOURNMENT. A motion by Councilmember Weidinger, a second by Councilmember Glancy, all voting "aye", adjourned the Council Meeting at 10:50 ~kf&yor John Dodd OG,~O& 'M` a -A City Secretary i] VOL. 49, PACE 81