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1986-04-21 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 04/21/86 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor John D. Dodd Mayor Pro Tem John Dunagan Councilmembers David Blair Carol Dingman Bill Glancy - Bob C. Phelps 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 04/21/86 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 CANVASS THE ELECTION RETURNS OF THE APRIL 19, 1986 CITY COUNCIL ELECTION. The following actions were taken to canvass and certify the results of the April 19, 1986 City Council Election. 1. The Mayor read the canvass statement. VOL. 49, PAGE 82 "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 19th, 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: COUNCILMAN PLACE 4: Bob C. Phelps NUMBER OF VOTES: 849 Carol Dorn NUMBER OF VOTES: 749 The Total Votes Cast in the Election Were 1,599 Votes. 2. The City Council adopted Resolution # 86-012. A motion by Councilmember Glancy, a second by Councilmember Weidinger, all voting "aye", adopted Resolution No. 86-012, "CANVASS OF THE RETURNS AND DECLARATIONS OF THE RESULTS OF AN ELECTION HELD IN THE CITY OF FARMERS BRANCH, TEXAS ON APRIL 19, 1986, FOR THE ELECTION OF COUNCILMEN, PLACE 4. 3. The Mayor swears into office the elected Councilman, Place 4. Mayor John D. Dodd administered the oath of office to Bob C. Phelps to the Office of Councilmember Place 4, for the City of Farmers Branch, in the State of Texas. 4. A "Certificate of Election" was presented to the candidate who was elected. Mayor Dodd presented Councilmember Bob C. Phelps with a Certificate of Election and a City Council Pin. 5. The Mayor presented Councilman Glancy with a " Certificate of Service The Mayor and all Councilmembers commended Councilmember Glancy on his dedication, devotion, distinction and dignity with which he held his position in the Farmers Branch City Council. Mayor Dodd presented Councilmember Glancy with a Farmers Branch pin, a watch and a plaque as -a-token of appreciation for serving on the Farmers Branch City Council. Councilmember Glancy stated that it was an honor to work for the City of Farmers Branch and that he enjoyed working with the City Council Members. A.3 ELECT MAYOR PRO TEM. VOL . , 49 , PAGE83 A motion by Councilmember Weidinger, a second by Councilmember Blair, all voting "aye", . nominated and elected Councilmember John Dunagan to the position of Mayor Pro Tem. A.4 CONSIDER ACCEPTANCE OF DONATION FROM FARMERS BRANCH SESQUICENTENNIAL COMMITTEE BY TOWN NORTH BANK. Ms. Calla Davis, 2828 Selma Lane, Farmers Branch Sesquicentennial chairman, was present and stated that Town North Bank wishes to present the City of Farmers Branch with a check for $200.00. Ms. Davis explained that this money is to be applied toward the payment of the 1986-87 Carrollton/Farmers Branch Independent School District Sesquicentennial bookcover project. Ms. Davis displayed posters from Brookhaven Community College (Advertising Classes), and stated that the winner of the poster contest will have his poster made into a special bookcover and that there will be 30,000 of these bookcovers made. Ms. Davis also stated that this particular poster will be made-up into a collectors item and that 500 will be sold by the Sesquicentennial Committee. A motion by Councilmember Weidinger, a second by Councilmember Phelps, all voting "aye", accepted the donation of $200.00 from the Town North Bank to be applied to the 1986-87 Carrollton/Farmers Branch Independent School District Sesquicentennial Bookcover Project. A.5 PRESENTATION OF SERVICE AWARD Mayor Dodd presented the following Service Award: CASS REASOR OF THE FIRE DEPARTMENT 15 YEAR AWARD A.6 PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd stated that this item gives applicants an opportunity to present board applications to the City Council. Mr. James Deckard, 12918 Epps Field Road, Farmers Branch, was present and presented a board application to the Planning and Zoning Commission. Mr. Deckard stated that he has lived in the City of Farmers Branch since 1950. Councilmember Blair stated that he had served with Mr. James Deckard on the Drainage Committee and that Mr. Deckard was one of the original people on the Drainage Committee. Councilmember Blair stated that he found Mr. Decker to be an excellent person, with good character and recommended that the Council closely review and consider Mr. Deckers application. Mr. Marty Geirel, 3404 Bevann, was present and requested that the T.V. viewing audience, all who may be concerned about the Power Line Construction Project on the south side of Valley View Lane VOL, 49, PAGE 84 near Templeton Trail (Agenda Item No. C.5), to come out and voice their opinions. 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. Mayor Dodd stated that a request had been made by Robin Kendall, of Treece and Company, Inc., to Councilmember Blair, to table Agenda Item No. C.3. Mayor Dodd further stated that it would be best to proceed with this matter at this time because this item was to be placed on the Consent Agenda Items. C.3 SITE PLAN: REQUEST OF TREECE & COMPANY INC. FOR APPROVAL OF A SITE PLAN FOR PROPERTY LOCATED AT 13860 nA.K.Ky HINB5 BLVD. AND TAKE APPROPRIATE ACTION. THIS PROPERTY IS LOCATED IN THE PD-30 ZONING DISTRICT. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", tabled Agenda Item No. C.3, until the next regularly scheduled City Council Meeting to be held on May 5th, 1986. A motion by Councilmember Dunagan, a second by Councilmember Blair, all voting "aye", approved the following Consent Items, with the addition of Agenda item No. C.4. B.la APPROVED THE MINUTES OF APRIL 7, 1986 MEETING. B.lb AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR PATHWAYS AND A PARKING LOT FOR THE HISTORICAL PARK. B.lc AUTHORIZED THE CITY MANAGER TO EXECUTE STREET RIGHT-OF-WAY DEDICATIONS FROM: 1. THERMALLOY INC. (DAVID H. KENNINGTON) 2. ENERSYST INC. (D.P. SMITH) 3. HAROLD BLANKEMEYER, TR FOR WIDENING, IMPROVING AND EXTENDING SENLAC DRIVE FROM VALLEY VIEW LANE NORTHWARD AND CROSSING THE FARMERS BRANCH/CARROLLTON FLOOD CONTROL DISTRICT RIGHT- OF-WAY (COOKS CREEK) TO DIPLOMAT DRIVE. B.ld AUTHORIZED ADVERTISEMENT FOR BIDS FOR A PORTABLE 'vbL. 49, PAGE 85 STAGE AT THE SENIOR ADULT ACTIVITY CENTER. B.le ADOPTED ORDINANCE NO. 1631 AMENDING THE BUILDING CODE TO PROVIDE FOR TEMPORARY CONSTRUCTION BUILDINGS AND TEMPORARY SALES OFFICES AS CAPTIONED BELOW: "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDED THE BUILDING CODE OF THE CITY OF FARMERS BRANCH, TEXAS, BY AMENDING PORTION 22 OF ORDINANCE 1442 SO AS TO ESTABLISH SPECIAL EXCEPTIONS FOR TEMPORARY CONSTRUCTION SHACKS AND SALES OFFICES, IN CERTAIN FIRE ZONES, PROVIDING A PENALTY OF FINE NOT- TO EXCEED THE SUM OF ($200.00) TWO HUNDRED DOLLARS FOR EACH OFFENSE, PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY." B.lf ADOPTED RESOLUTION NO.86-013 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF DALLAS FOR THE TRANSFER OF OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS FOR THE PURPOSE OF SIGNAL COORDINATION OF INTERSECTIONS OF JOSEY LANE AT VILLA CREEK DRIVE; AT JOSEY LANE AT MAYBROOK DRIVE; AND MARSH LANE AT INTERSTATE HIGHWAY 635 WITHIN THE CITY OF DALLAS. B.lg ADOPTED RESOLUTION NO. 86-015 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CITY OF ADDISON FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS ALONG MARSH LANE. B.lh AUTHORIZED THE CITY MANAGER TO EXECUTE A RIGHT-OF-ENTRY TO PROPERTY LOCATED AT 14537 DENNIS LANE FOR CONSTRUCTION OF THE FYKE ROAD IMPROVEMENT PROJECT. B.li AUTHORIZED THE CITY MANAGER TO EXECUTE A CONDITIONAL EASEMENT OR RIGHT-OF-WAY FROM DALLAS POWER AND LIGHT COMPANY FOR PURPOSES OF INSTALLING AND MAIN- TAINING A PROPOSED 16 INCH WATER MAIN ALONG THE EAST SIDE OF MIDWAY ROAD FROM SPRING VALLEY LANE, NORTH TO PROTON ROAD AND NORTHWARD TO THE DP&L OVERHEAD POWER LINE EASEMENT. B.lj AUTHORIZED THE CITY MANAGER TO EXECUTE A SLOPE EASEMENT DEDICATED TO THE CITY OF FARMERS BRANCH BY HAROLD BLANKEMEYER, TR , LOCATED AT COOKS CREEK AND SENLAC DRIVE FOR ADDITIONAL BRIDGE SUPPORT. B.lk AUTHORIZED THE CITY MANAGER TO EXECUTE A 120 DAY RIGHT-OF-ENTRY FROM THE LOUISIANA ARKANSAS \/0L . 49, PAGE 86 RAILWAY COMPANY PERMITTING THE CITY OF FARMERS BRANCH THE RIGHT TO ENTER AND COMMENCE CONSTRUCTION ON THE WIDENING AND IMPROVEMENT OF SENLAC DRIVE AFFECTING LANDA ADDITION, LOCATED AT 13210 SENLAC DRIVE. B.11 APPROVED REQUEST BY TD INDUSTRIES FOR FINAL PLAT APPROVAL OF TD INDUSTRIES PARK ADDITION LOCATED WEST OF IH 35E AND NORTH OF VALMAR WAY. C.4 APPROVED SITE PLAN REQUEST OF O'BRIEN, O'BRIEN, CALLAWAY FOR A TRACT OF LAND LOCATED EAST OF SENLAC DRIVE, BETWEEN DIPLOMAT DRIVE AND DELEGATE FOR A ONE-STORY, OFFICE/WAREHOUSE DEVELOPMENT KNOWN AS VALWOOD PARK PLACE II. 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. City Attorney, John Boyle was present and gave an up to date status report on the pending law suit against "Show Case Theatre". Councilmember Dunagan announced that absentee voting for the primary to be held on May 3rd, 1986 is open this week (April 21st through the 26th, 1986) and will also be open the 28th and 29th of April, 1986 at the Walnut Hill Recreation Center, from 8:00 AM to 5:00 PM. C.1 CONSIDER DR. W. T. LOWRY'S EVALUATION OF SOIL REMOVAL PLAN FOR HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that on March 17, 1986, the City Council instructed the City Staff to obtain a written evaluation of the Soil Removal Plan for the Historical Park from Dr. W. T. Lowry who is the City's consultant. Dr. Lowry has completed his evaluation and made written comments about the Soil Removal Plan. Dr. William T. Lowry, Fielder Professional Park, 733 B North Fielder Road, Arlington, was present and stated that he had conducted an evaluation of the Soil Removal Plan submitted to the Texas Water Commission. Dr. Lowry further stated that even though the Soil Removal Plan meets State and Federal Standards, that there are further additions that need to be made and a few areas that need additional clarification for the benefit of the City of Farmers Branch, all of which are included in Section 2, under "The Soil Removal Task", within the Soil Removal Plan. Paragraph 3, states: Trees may be left standing in these areas, at the discretion of the cleanup contractor. Dr. Lowry stated that he felt that the City should be able to VOL, 49, PAGE 87 evaluate the sight before any trees are removed to determine if any of the trees could be saved. Paragraph 6, states: Haul the removed soil and dispose of it in accordance with applicable State and Federal regulations in a Texas Department of Health Type I landfill. Dr. Lowry stated that prior to this, a classification of the soil must be made and an application must be made to the Texas Department of Health and that the City of Farmers Branch should receive copies of these documents prior to disposal to insure diminishment of liability to the City of Farmers Branch. Paragraph 7, states: The Texas Water Commission will be given timely notice of the anticipated sampling dates to afford the Texas Water Commission Staff the opportunity to split samples. Dr. Lowry stated that the Texas Water Commission does require five days notification, and in addition the City of Farmers Branch should be afforded the opportunity to have duplicates of all samples taken. Paragraph 13, states: The following receipt of the analytical results referenced in task No. 9, prepare and submit to the Texas Water Commission a soil removal documentation report that will describe the soil removal procedures, include a certification by representatives of both Zoecon Corporation and Zoecon's consultants that the removal has been completed in accordance with this plan, and include the analytical results for the soil sampling noted above. Dr. Lowry stated that the City of Farmers Branch should receive copies of the Soil Removal Documentation Report at the time it is submitted to the Texas Water commission to allow the City to review and comment prior to the Texas Water Commission's acceptance. Dr. Lowry stated that it is not noted in the document that a daily log be maintained throughout the soil removal process. Dr. Lowry further stated that it would be a good practice to maintain a daily log and that the daily log should be included in the final documentation of the report. Dr. Lowry maintained that in addition, daily quota graphs should be taken to document the progress and insure that the contractor follow the cleanup protocol properly. The City of Farmers Branch may want to conduct these latter two methods of documentation independently and in conjunction with the Contractor. City Attorney, John Boyle stated that a contract is being drawn up that will address each of the above concerns in addition to others that the City of Farmers Branch may have and that it will be submitted to Dr. Lowry for his review and comments before the contract is in its final form. /0L, 49, PAGE 88 The Council questioned Dr. Lowry on whether or not groundwater should be monitored. Dr. Lowry stated that the groundwater should be monitored. Mayor Dodd stated that the City of Farmers Branch requested from the Texas Water Commission, that should the need for test wells be realized, that the test wells be placed on Zoecon's property in such a way that they could still monitor the City's property and if this is impossible that the City have the right to place the.test wells on City Property as a last resort. The Texas Water Commission stated that after the groundwater study and evaluation that they would at that time take the Council's recommendation into consideration. Councilmember Dingman questioned whether Dr. Lowry was comfortable with Zoecon having the option of leaving some of the contaminated soil in place which would be recorded on a deed restriction. Dr. Lowry stated that he does not have adequate information on Zoecon's soil removal policy and only has reviewed the report that directly affects the Historical Property. Mayor Dodd stated that a letter was sent to Mayor Stark Taylor, the Mayor of Dallas last Friday, requesting their evaluation and opinion on contaminated soil being left in place. Mayor Dodd requested that the reply from the City of Dallas be in written form and address the matter on how this might affect Farmers Branch. Mayor Dodd stated that the Zoecon property is in the jurisdiction of Dallas. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", approved of Dr. W.T. Lowry's evaluation of the soil removal plan for the Historical Park. C.2 PUBLIC HEARING FOR THE PURPOSE OF REVIEWING THE LONE STAR GAS RATE REQUEST. Mayor Dodd stated that on January 7, 1986 Lone Star Gas Company filed a request to change the rates for natural gas service in Farmers Branch. Under Section 5.08 of the Public Utility Regulatory Act the City is required to hold a public hearing. On February 3, 1986, the City Council set the public hearing date as April 21, 1986. Mayor Dodd stated that the date for the City council to adopt a rate ordinance for the case will be May 5, 1986. Should the Council not adopt an Ordinance the Lone Star Gas rate would take effect. Mayor Dodd opened the public hearing. VOL, 49, PAGE 89 Ms. Mary Jean McCarthy, representing the Lone Star Gas Company, stated that the real issue for the increase is the operating costs, taxes, and returns and that it is in these areas that the Gas Company needs relief. Ms. McCarthy stated that it has been three years since the Gas Company has received a rate increase and that the Gas Company has added over 5,000 customers and over 3 million dollars in capital improvements. Ms. McCarthy presented a Distribution System Chart to the Council showing that 79.5% is spent on the Gas Cost; 7.7% is spent in operating Expense; 7.7% is spent in Taxes and 5.1% remains in the Returns. Mr. Keith Reed, of Pannell Kerr Forster, Rate Consultant, representing the Cities of Farmers Branch, Addison and Carrollton stated that they recommended that a total adjusted revenue requirement for the Carrollton Distribution System applicable to residential and commercial customers is $18,460,013.00 plus the requested increase of $17,895.00 for other service charges. This represents a total increase of $621,865.00 as compared to the $1,054,998.00 or 58.9% of the Company's requested increase. Mr. Reed further stated that the Gas Company should be allowed to implement the following rates to achieve collection for the above revenues: Residential Customer - $5.00 - MCF Rate Summer $4.2453 and Winter $4.4953. Commercial Customer Charge - $10.00 - MCF Rate Summer $4.2453 and Winter $4.4953. Mr. Marty Giehrl, 3404 Bevann was present and stated that the data from the City Consultant was data obtained since June 1985, and could not possibly reflect the new and lower prices of todays natural gas costs. Mr. Giehrl then read a magazine clipping which stated that the Natural Gas Companies are becoming more competitive as the price of natural gas is going down. Mr. Reed replied that the price increase would only be applied toward the Operating Expense, Taxes and Returns and that as the price of natural gas fluctuated so would the consumer costs for the natural gas. Mr. Reed explained that the gas company's services and the cost of natural gas are independent of each other. After more discussion a motion by Councilmember Weidinger, a second by Councilmember Phelps, all voting "aye", close the public hearing. Ms. McCarthy stated that the Lone Star Gas company requested a 5.32% rate increase and are receiving a 3.0% increase. Ms. McCarthy stated that the increase would be approximately $6.00 per thousand cubic feet of natural gas. A motion by Councilmember Dunagan, a second by Councilmember Weidinger, instructing the City Staff to prepare the appropriate ordinance for the proposed rate increase as recommended by the rate consultant for the next City Council Meeting and for the City Staff 'VOL. 49, PAGE 90 to obtain further clarification as to the impact that the proposed rate increase would have on the Citizens of Farmers Branch. AGENDA ITEM NUMBER C.3 WAS TABLED UNTIL THE NEXT REGULARLY SCHEDULED COUNCIL MEETING ON MAY 5th, 1986. AGENDA ITEM NO. C.4 WAS ADDED TO THE CONSENT AGENDA ITEMS. C.5 DISCUSS POWER LINE CONSTRUCTION ON SOUTH SIDE OF VALLEY VIEW LANE NEAR TEMPLETON TRAIL. Mayor Dodd stated that the City Staff has met with Jerry Lockhart and the engineers of Texas Power and Light Company to discuss the installation of the poles on the south side of Valley View near Templeton Trail in Mustang Park. At the request of the City Staff Texas Power and Light has stopped their contractor from further work until after meeting with the Council. - Mr. Fredrick Garza, 307 Spanish Moss, Coppell, Texas, District Engineer for Texas Power and Light Company, was present and explained that during the summer months that power peaks occur and facilities are strained to a maximum, and in order to have uninterrupted service, that new and improved facilities need to be implemented, specifically, in the Farmers Branch area, as predicted by projections and actual use. The Texas Power and Light Company are finding problem areas that fall short of the needed facilities to generate enough power to these areas. Mr. Garza stated that the areas in concern are the Farmers Branch park area and the area north of LBJ in between Webb Chapel and 135. Mr. Garza added that the Texas Power and Light Company in conjunction with the City of Farmers Branch is seeking other paths to reduce the number of poles that were to be installed in Mustang Park. Mr. Jim Collier, of Krause and Collier Architects, 3351 Chaparral Drive, and a 20 year resident of Farmers Branch was present and stated that his home is bounded on three sides by overhead wires. Mr. Collier stated that he felt that in the interest of Farmers Branch that the impact on Mustang Trails Park area would be detrimental and that Utility Companies will always use the cheapest methods with no regard to the appearance of the City and that he would like to see the Utility Companies have a Public Hearing and get building permits before being allowed to place poles and other such equipment within the City. Mr. Collier further stated that he would like to see the Texas Power and Light Company obtain bids on underground wiring. Mr. Marty Giehrl, 3404 Bevann Drive, stated that he supported the recommendations made by Jim Collier and suggested that the Texas Power and Light Company celebrate their 40th Birthday with Farmers Branch by putting their wires underground. Mayor Dodd stated that after the discussions in the Study Session and of the Council desiring to hold a Council Meeting on Monday, VOL, 49, PAGE 91 April 28th, 1986, at 8:00 AM., to address the problem of installation of power lines in Farmers Branch. Mayor Dodd stated that the City of Farmers Branch wants to maintain its aesthetic view. D.1 CONSIDER APPROVAL OF PHASE III FOR THE FARMERS BRANCH HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that Components of Phase III include: Security fencing, general improvements to the Renner Church, detailed site planning including utilities, and grading, miscellaneous improvements, relocation of the old Farmers Branch School House, restoration of Gilbert House, fireplaces, and general consulting. Mayor Dodd stated that the proposed Phase III of the Historical Park has been reviewed by the City Staff, Historical Preservation & Restoration Board, and the Consultant, all are in agreement. Mayor Dodd stated that estimated cost for Phase III is $384,000. There is $394,000 in unallocated Hotel Motel Tax Fund. Mayor Dodd stated that the Parks & Recreation Department recommends Phase III be adopted and $384,000 be used from the unallocated Hotel Motel Tax Funds. A motion by Councilmember Dingman, a second by Councilmember Weidinger, all voting "aye", approved Phase III for the Farmers Branch Historical Park for security fencing, general improvements, detailed site planning including utilities and grading, miscellaneous improvements, relocation of the old Farmers Branch School House, restoration of Gilbert House, fireplaces, and general consulting, as recommended by the City Staff, Historical Preservation and Restoration Board and the Consultant in the amount of $384,000.00 and be funded from the unallocated Hotel/Motel Tax Fund. D.2 CONSIDER BRICKING COLUMNS AT THE COMMUNITY BUILDING. This item has been placed on the agenda at the request of Mayor Dodd. Mr. Dan Dennis, 2817 JoAnna, Farmers Branch, was present and stated that in reference to the Senior Adult Community Building that the Senior Adult Advisory Council and the City Staff recommend that the columns on the arch way, the concrete squares on the side of building , and the noise factor in the large room are all in need of attention. Mr. Dennis suggested that a study be preformed to determine the best way to solve the current problems. A motion by Councilmember Dingman, a second by Councilmember Weidinger, all voting "aye", directed the City Staff to come forth with recommendations and comments on the solutions to the current problems in the Senior Adult.Building, to include, but not limited VOL. 49, ?AGE 9-2 to the bricks on the archway, the concrete squares on the outside of the building and the noise level in the large room at the Senior Adult Building, and to keep the City Council informed at the regularly scheduled study session meetings. D.3 CONSIDER AWARDING THE BID FOR PIPE & PIPE FITTINGS FOR THE UTILITY DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the Utility Department requested bids to purchase pipe and pipe fittings for the Water Main Replacement program. These supplies are needed in addition to our current inventory in order to complete our program for the remainder of the fiscal year. There is $185,000.00 in the budget for this purpose. Five vendors submitted bids on March 25, 1986. Bidders were instructed to bid on each item so that low bids could be awarded on each one. Mayor Dodd stated that the Director of Utilities recommends awarding the bids to low bidders meeting specifications as follows. Total cost is $159,559.60. 1. Ferguson Enterprises - $ 2,216.00 2. Trans-Tex Supply - $27,450.00 3. Nelson Utilities - $66,665.97 4. Bowles and Eden - $63,227.63 Mr. Randy Groce, 570 Shadow Crest, Coppell, Executive Vice President of Industrial International, Inc. stated that his company submitted bids in the total amount of $158,364.46, for valves and fire hydrants, and that Industrial International's bid was an equal to another company. Mr. Groce stated that he would put the City on notice of pending legal action and that unless the City could show otherwise that Industrial International Inc., will proceed with legal action against the City of Farmers Branch. Mayor Dodd stated that the City Staff and the City Attorney have reviewed the bidding process. Mayor Dodd stated that in the future that the staff would consider the all or nothing bids along with the item for item bids. Councilmember Blair questioned whether Industrial International did or did not meet specifications, and/or technical specifications, and did they provide an approved equivalent in the case of two companies (Industrial International and Ferguson Enterprises). Councilmember Blair stated that Industrial International and Ferguson Enterprises were deemed by City Staff that neither company met technical specification or the approved technical equivalent specification as stated on the bid form. Councilmember Blair further stated that the bid request did state that each item would VOL, 49, PAGE 93 be looked at as individual items and bid as individual items and that the City would have the right to look at each item and the lowest bid on each item, and that there were twenty-eight items involved. Councilmember Blair stated that there are some companies that choose to make their bids only applicable if all the items were accepted and if any one item was not competitive then they . would not accept the bid. Councilmember Blair explained that under those conditions it is necessary to stick by the rules of the biding process and to bid each one separately. A motion by Councilmember Blair, a second by Councilmember Phelps, all voting "aye", awarded the bid for pipe and pipe fittings for the Utility Department as recommended by the City Staff, to Ferguson Enterprises in the amount of $2,216.00, to Trans-Tex Supply in the amount of $27,450.00, to Nelson Utilities in the amount of $66,665.97 and Bowles and Eden in the amount of $63,227.63, with the total amount being $159,559.60, as approved in the 85-86 budget. A motion by Councilmember Blair, a second by Councilmember Dingman, all voting "aye", instructed the City Staff to review bid specifications and if appropriate to revise and include more items of manufactures as far as the specifications are concerned. D.4 CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR A REPLACEMENT CONCRETE TRUCK FOR THE STREET DIVISION Mayor Dodd stated that the Street Division budget includes funds for the purchase of a concrete truck to replace an existing 1972 Model concrete truck. The existing concrete truck is experiencing very high downtime and maintenance cost and is not reliable. Funds are budgeted in the amount of $35,000 for the lease-purchase of a replacement concrete truck. The Public Works Department requested that authorization be given to advertise for bids for a replacement concrete truck and a bulk cement storage silo. Councilmember Blair stated that there was not adequate information on the cost and that there is a concern about the placement of a batch concrete mixing facility in the Senlac Service Center. Councilmember Weidinger made a motion to authorize the advertisement for bids for a replacement concrete truck for the Street Division, Councilmember Dunagan seconded the motion. The motion failed three to two with Councilmember Dingman, Councilmember Blair and Councilmember Phelps voting "nay", and with Councilmember Weidinger and Councilmember Dunagan voting "aye". D.5 CONSIDER SELECTION OF A RESIDENTIAL STREET TO BE RECON- STRUCTED UNDER FIRST YEAR OF BOND PROGRAM AND TAKE APPROPRIATE ACTION VOL, 4% PAGE 94 Mayor Dodd stated that the Annual Residential Street Replacement Program is project ST-2 of the Five Year Bond Program approved in 1985. The subject project is budgeted in the amount of $200,000.00 per year for reconstruction of existing deteriorated streets with concrete pavement, additional drainage, sidewalks and landscaping. The City Engineer estimates this reconstruction to cost $175.00 per linear foot based on a typical residential street consisting of a 27 foot wide pavement with 4 foot sidewalks on each side. Mayor Dodd stated that the City Engineer recommends that Old North Road between Heartside Place and Joanna Drive be reconstructed under the first year of the bond program. This section of the street is approximately 1,000 feet long which yields an estimated cost of $175,000.00 for reconstruction. Councilmember Dingman requested that before the City solicit bids on this contract that there be an update on how our modus operandi is working on our street reconstruction at the present time. Councilmember Dingman further stated that because the City has made major changes since the Heartside-Janwood project was done that this would assure that the changes have been good ones and have accomplish what the City has set out to do. A motion by Councilmember Weidinger, a second by Councilmember Blair, all voting "aye", approved the recommendation of the City Engineer that the Old North Road between Heartside Place and Joanna Drive be reconstructed under the first year of the bond program with an estimated cost of $175,000.00 for reconstruction. D.6 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE FIRM OF YANDELL & HILLER INC. FOR ENGINEERING SERVICES FOR EROSION CONTROL ALONG COOKS CREEK FROM HOLLANDALE LANE TO JOSEY LANE AND THE EAST/ WEST TRIBUTARY AND TAKE APPROPRIATE ACTION Mayor Dodd stated that the projects are D2-D3 of the 1985-86 Bond Program. The Engineering Department has negotiated a contact with the firm of Yandell & Hiller, Inc. for Engineering Services in the amount of $84,000. These services include the required surveying, drafting and engineering to prepare construction plans, details, and special provisions for erosion control along the subject creek. All work under this contact is to be completed with 150 calendar days exclusive of review time by the City. Mayor Dodd stated that the City Engineer recommends that the City Manager be authorized to execute the contract with Yandell & Hiller, Inc. in the amount of $84,000 for engineering services for the Cooks Creek erosion control project. A motion by Councilmember Dingman, a second by Concilmember Blair, all voting, "aye", authorized the City Manager to execute a contract with the firm of Yandell and Hiller, Inc. for engineering services for erosion control along Cooks Creek from Hollandale Lane VOL, 49, PAGE 95 to Josey Lane and the East/West Tributary in the amount of $84,000.00. D.7 CITIZEN PARTICIPATION. No one spoke. Councilmember Blair requested the T.V. viewing audience to please submit their comments and suggestions on the quality and sound of the new microphones which were installed this past week, in the City Council Chambers, to the City of Farmers Branch. E.1 EXECUTIVE SESSION. Mayor Dodd stated that there were no pending matters for the Executive Session. F.1 ADJOURNMENT. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", adjourned the City Council Meeting at 9:46 2U, 14yor John _Wo*d City Secretar VOL, 49, PACE 96