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1986-09-18 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 08/18/86 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 John Dunagan David Blair Carol Dingman 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 Assistant Director of PARD Jeff Fuller Director of Public Works Earl Deland Assistant City Engineer Mark Pavageaux Recording Secretary Ruth Ann Parish Mayor Dodd called the City Council Meeting of 08/18/86 to order at 7:32 p.m. The meeting was televised. A.1 INVOCATION Councilmember Phelps gave the invocation and led the Pledge of Allegiance. A.2 CONSIDER ACCEPTANCE OF DONATION FROM ED REYNOLDS OF WINDOWS FOR THE HISTORICAL PARK. Mayor Dodd stated that Ed Reynolds would like to donate eight window casements complete with glass to the Historical Park. The windows would be used in the preliminary restoration of the Old Church and/or School. Vol. 49, Page 61 Mayor Dodd explained that the donation of the windows will keep the City from having the windows fabricated. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", accepted the donation from Ed Reynolds of eight window casements complete with glass for the preliminary restoration of the old Church and/or School located at the Historical Park. A.3 CONSIDER ACCEPTANCE OF DONATION FROM VERNA RUMMEL FOR A HANGING SWEDISH IVY PLANT FOR THE SENIOR ADULT ACTIVITY CENTER. Mayor Dodd stated that Verna Rummel would like to donate a hanging plant to the Senior Adult Activity Center. The estimated cost of the Swedish ivy plant is $20.00. A motion by Councilmember Dingman, a second by Councilmember Phelps, all voting "aye", accepted the donation from Verna Rummel for a hanging Swedish Ivy Plant for the Senior Adult Activity Center with the estimated cost of $20.00. A.4 CONSIDER ACCEPTANCE OF DONATION OF CREPE PAPER FROM JULIA WILEY FOR USE AT THE SENIOR ADULT ACTIVITY CENTER Mayor Dodd stated that Julia Wiley had a large back stock of crepe paper she would like to donate to the Senior Adult Activity Center. The crepe paper will be used for decorations for special events and activities held at the Senior Adult Activity Center. A motion by Councilmember Dingman, a second by Councilmember Dunagan, all voting "aye", accepted the donation of crepe paper from Julia Wiley for use at the Senior Adult Activity Center. A.5 CONSIDER ACCEPTANCE OF DONATION FROM AL WOODALL FOR DOOR STOPS AND KEY PEG BOARD FOR THE SENIOR ADULT ACTIVITY CENTER. Mayor Dodd stated that Al Woodall has made wooden door stops for the doors of the Senior Adult Activity Center. These door stops help during activities when a large number of senior adults are at the center. The staff is able to prop open the doors to allow an easy flow of traffic. Mayor Dodd explained that the key peg board will allow the staff to hang all the keys pertaining to the Senior Adult Activity Center and Community Building in one location in the staff office to allow easy access by all staff and volunteers. A motion by Councilmember Weidinger, a second by Councilmember Blair, all voting "aye", accepted the donation from Al Woodall for door stops and key peg board for the Senior Adult Activity Center. Vol. 49, Page 62 Mayor Dodd stated that appropriate thank you notes for all of the donations would be sent to the donors. A.6a PRESENTATION OF SERVICE AWARDS LARRY SMART OF THE POLICE DEPARTMENT-10 YEAR AWARD. DETECTIVE SERGEANT LARRY SMART 10 YEAR AWARD A.6b PRESENTATION OF SERVICE AWARDS SALLY HARVEY, PARKS AND RECREATION DEPARTMENT, 5-YEAR SERVICE AWARD. RECREATION SUPERVISOR SALLY HARVEY ......................5 YEAR AWARD A.6c PRESENTATION OF SERVICE AWARDS ALAN DORE OF THE POLICE DEPARTMENT-5 YEAR AWARD. POLICE OFFICER ALAN DORE ................................5 YEAR AWARD A.6d PRESENTATION OF SERVICE AWARDS LUCIO VALDEZ, PARKS AND RECREATION DEPARTMENT, 5- SERVICE AWARD. FACILITY MAINTENANCE FOREMAN LUCIO VALDEZ ...............5 YEAR AWARD A.7 PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd stated that this item gives applicants an opportunity to present board applications to the City Council. No one was present to submit board applications. SPECIAL ANNOUNCEMENT BY CITY RESIDENT Mr. W.D. Holmes, 2756 Bay Meadows, Farmers Branch was present and commended Councilmember Weidinger, in behalf of the City Tax Payers, for his participation in presenting his views at the Carrollton/Farmers Branch Independent School District, Public Hearing regarding a 20% tax increase. A.8 PRESENTATION OF INVITATION TO THE COUNCIL FROM THE FARMERS BRANCH BUSINESS CHAMBER OF COMMERCE. Mayor Dodd stated that this item has been placed on the agenda at the request of the Farmers Branch Business Chamber of Commerce. Ms. Janie Scarbrough, 3426 Brockway, Executive Vice President of the Farmers Branch Business Chamber of Commerce, was present and extended an invitation to the Mayor and the City Council to attend the City Wide Sidewalk Sale, which is being sponsored by the Chamber of Commerce and the City of Farmers Branch this Saturday. The events will be held, August 23rd, from 10:00 a.m. until 4:00 p.m., at the Chamber and the City Activity Tent, which will be Vol. 49, Page 63 located at Valley View Lane and Josey Lane in the Safeway parking lot. Ms. Scarbrough, described the activities and prizes associated with the "City Wide Retail Sidewalk Sale". Mayor Dodd stated that the City Wide Retail Sidewalk Sale has been a great success in the past and is a great way to show support for the area merchants. Mayor Dodd requested all those that could make it to please attend. 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 Dunagan, a second by Councilmember Blair, all voting "aye", added to the Consent Agenda Items, Regular Agenda Items No. C.4, D.4, D.5, D.6, D.7 and D.10 and removed Consent Agenda Item No. B.li for full discussion. A motion by Councilmember Dunagan, a second by Councilmember Blair, all voting "aye", approved the following Consent Agenda Items. B.1a APPROVED MINUTES OF JULY 21, 1986 COUNCIL MEETING. B.lb APPROVED REQUEST BY CENTRE DEVELOPMENT CO., INC. FOR FINAL REPLAT APPROVAL OF LOTS 2 AND 3, BLOCK 5 OF VALWOOD PARK, FARMERS BRANCH PHASE II, TO CREATE A SITE FOR OFFICE BUILDINGS. B.1c ADOPTED ORDINANCE NO. 1646 FOR DESIGNATING A SCHOOL ZONE ON TEMPLETON TRAIL, FROM CLOVERDALE LANE TO MYRA LANE AS CAPTIONED BELOW: "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1210 BY DESIGNATING A SCHOOL ZONE ON TEMPLETON TRAIL FROM CLOVERDALE LANE TO MYRA LANE AND SPECIFYING THE SPEED LIMIT WITHIN THIS SCHOOL ZONE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY." Vol. 49, Page 64 B.1d ACCEPTED A PUBLIC UTILITY EASEMENT FROM MOBIL OIL CORPORATION FOR PURPOSES OF INSTALLING AND MAINTAINING A PROPOSED 16" WATER MAIN LOCATED FROM SPRING VALLEY ROAD NORTHWORD AND ALONG THE EAST SIDE OF MIDWAY ROAD. B.le AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR THE VALLEY VIEW MEDIAN STREETSCAPE ENHANCEMENT WHICH INCLUDES LANDSCAPE AND IRRIGATION FROM MUSTANG TRAILS TO 135E. B.1f AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR RAWHIDE PARK LANDSCAPE. B.lg AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR THE RECONSTRUCTION OF VALWOOD PARKWAY PHASE I. B.lh AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR THE ORAN GOOD PATHWAYS. B.lj AUTHORIZED THE CONTINUATION OF THE HEALTH SERVICES AGREEMENT BETWEEN DALLAS COUNTY AND THE CITY OF FARMERS BRANCH IN THE AMOUNT OF $4,707.00. B.lk ADOPTED ORDINANCE NO. 1647 AMENDING THE CITY OF FARMERS BRANCH ZONING ORDINANCE TO REQUIRE A SPECIFIC USE PERMIT FOR CHURCH - DENOMINATIONAL SCHOOLS IN SINGLE- FAMILY RESIDENTIAL AREAS AS CAPTIONED BELOW: "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S ZONING ORDINANCE BY AMENDING ARTICLE 8, SECTION 102 BY ADDING CHURCH-DENOMINATIONAL SCHOOL (OR DAY NURSERY); AND BY AMENDING ARTICLE 8, SECTION 700, DEFINITIONS, BY ADDING NO. 18-A AND DEFINING CHURCH-DENOMINATIONAL SCHOOL; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES THAT ARE IN CONFLICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF ($200.00) TWO HUNDRED DOLLARS FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY." B.11 CONSIDER ADOPTING RESOLUTION NO.86-026 AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACTUAL AGREEMENT WITH THE STATE OF TEXAS TO ASSUME RESPONSIBILITY FOR DRAIN- AGE AT THE CITY POINTE NORTHWEST JOINT VENTURE PROJECT AS CAPTIONED BELOW: "RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACTUAL AGREEMENT WITH THE STATE OF TEXAS WHEREBY THE CITY OF FARMERS BRANCH, TEXAS WILL ASSUME RESPONSIBILITY Vol. 49, Page 65 FOR DRAINAGE AT THE CITY POINTE NORTHWEST JOINT VENTURE PROJECT." B.1m CONSIDER ADOPTING RESOLUTION NO.86-027 AUTHORIZING THE CITY MANAGER TO SIGN A MULTIPLE-USE AGREEMENT WITH THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION FOR A JOGGING PATH AND PARK FACILITIES IN THE STATE RIGHT-OF-WAY ADJACENT TO PARK WEST PHASE II AS CAPTIONED BELOW: "RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A MULTI-USE AGREEMENT WITH THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION FOR A JOGGING PATH AND PARK FACILITIES IN STATE HIGHWAY RIGHT-OF-WAY ADJACENT TO PARK WEST PHASE II." B.1n APPROVED SELECTION OF COLORS (DARK GREEN - MUSTARD AND RUST) FOR THE RAILROAD DEPOT AT THE HISTORICAL PARK, AS RECOMMENDED BY THE JPJ ARCHITECTS AND APPROVED BY THE HISTORICAL PRESERVATION AND RESTORATION BOARD. C.4 APPROVED THE SITE PLAN REQUEST OF CENTRE DEVELOPMENT CO., INC. FOR PROPERTY LOCATED ON THE WEST SIDE OF DIPLOMAT DRIVE, SOUTH OF DELEGATE DRIVE IN PLANNED DEVELOPMENT 22 ZONING DISTRICT FOR 82,286 SQ. FT. OF OFFICE/WAREHOUSE/MANUFACTURING DEVELOPMENT KNOWN AS VALWOOD PARK 24, ON A 3.8873 ACRE TRACT OF LAND. D.4 ADOPTED ORDINANCE NO. 1645 FOR ESTABLISHING A SPEED LIMIT OF 45 MPH ON THE NORTH AND SOUTH SERVICE ROADS OF IH635 (LBJ FREEWAY) IN FARMERS BRANCH FROM LUNA ROAD TO THE EAST CITY LIMITS AS CAPTIONED BELOW: "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1210, WHICH SPECIFIED THE REASONABLE AND PRUDENT SPEED FOR PUBLIC STREETS AND ALLEYS WITHIN THE CITY BY AMENDING SECTION 2 OF SAID ORDINANCE TO SPECIFY A 45 MPH SPEED LIMIT ON THE NORTH AND SOUTH SERVICE ROADS OF INTERSTATE HIGHWAY 635 FROM LUNA ROAD TO THE EAST CITY LIMITS; RETAINING ALL OTHER PROVISIONS AND SECTIONS OF SAID ORDINANCE NO. 1210." D.5 APPROVED THE FLOOD PLAIN DEVELOPMENT PERMIT FOR CHANNEL IMPROVEMENTS OF COOKS CREEK AND FILLING THE FLOODPLAIN FRINGE FOR PROPERTY RECLAMATION WEST OF BEE STREET AS SUBMITTED BY DEVELOPER JEFF NOLEN. D.6 APPROVED RESOLUTION SUPPORTING CONTINUING THE FUNDS FOR THE REPAIR AND IMPROVEMENT OF STATE HIGHWAYS AS Vol. 49, Page 66 REQUESTED BY JACK WORLEY, CHAIRMAN OF THE MAYOR'S COMMITTEE FOR HIGHWAY FINANCE. D.7 APPROVED RESOLUTION SUPPORTING NEW LEGISLATION BY STATE LEGISLATURE CONCERNING FUNDING FOR STATE HIGHWAYS AS REQUESTED BY JACK WORLEY, CHAIRMAN OF THE MAYOR'S COMMITTEE FOR HIGHWAY FINANCE. D.10 AWARDED THE BID ON THE PORTABLE STAGE FOR THE SENIOR ADULT ACTIVITY CENTER TO CENTRAL DISTRIBUTING COMPANY IN THE AMOUNT OF $4,581.00. EMERGENCY ITEM A motion by Councilmember Dunagan, a second by Councilmember Weidinger, all voting "aye", declared an emergency and placed C.9, Discuss Outside Sales at the Skaggs Alpha Beta Store at Valley View and Josey Lanes and Take Appropriate Action, on the Agenda. B.li CONSIDER ADOPTION OF THE CITY HALL MASTER SITE PLAN RECOMMENDED BY SEDWAY-000KE AND ASSOCIATES AND TAKE THE APPROPRIATE ACTION. Mayor Dodd stated that the Sedway-Cooke and Associates, the consultants preparing a comprehensive plan for the City of Farmers Branch, has prepared a master plan for the new City Hall area. The plan will serve as a concept plan for a guide during the architectural design phase of the new City Hall. Mayor Dodd stated that the architect selected for the new City Hall design, F & S Partners, has requested that the City Council adopt the City Hall area portion of the preliminary City Hall master Plan prepared by Sedway-Cooke and Associates, pages IV-1, IV-2, IV-3, IV-4, IV-5, IV-6, IV-7, IV-8 and Appendix "B". Councilmember Dingman stated that the Preliminary City Hall Master Plan is only to provide guidance for the Architect and by adopting this concept, we are not adopting any part of the Master Plan that Sedway Cooke is preparing. A motion by Councilmember Dingman, a second by Councilmember Phelps, all voting "aye", adopted the Preliminary City Hall Master Site Plan Concept as recommended by Sedway-Cooke and Associates to serve only as guidance for the Architect during the architectural design phase of the new City Hall. 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 MAYOR'S REPORT. Vol. 49, Page 67 Mayor Dodd stated that in the interest of time and at the request of the Council most of the things that the Mayor has to report on can be brought into the regular order of business. C.1 PUBLIC HEARING TO CONSIDER THE RECOMMENDATION OF THE ALCOHOL ZONING ORDINANCE COMMITTEE AND TAKE THE APPROPRIATE ACTION. Mayor Dodd stated that in June of 1986, the City Council appointed an Alcohol Zoning Ordinance Committee. The goals of the Committee were: 1. To write an Ordinance pertaining to places/areas where alcohol may be sold. 2. To recommend types of establishments where alcohol may be available. 3. To provide the necessary review process of controls of alcohol sales in Farmers Branch. Mayor Dodd stated that the Committee has completed its goals and has prepared a recommendation in the form of a proposed Ordinance for the City Council's consideration. Mayor Dodd explained that the purpose of this hearing is to gather input from the public. Mayor Dodd opened the Public Hearing. Dr. Percy M. Pentecost, 3140 Palmdale, Farmers Branch, Chairman of the Alcohol Zoning Ordinance Committee was present and stated that: 1. The over use of alcohol is one of the major problems of our society. 2. That alcohol by the drink is perfectly legal per statues of the State of Texas 3. It is the responsibility of the City Council to grant licences for the dispensing of alcohol. 4. It was the function of the Alcohol Zoning Ordinance Committee to make recommendations for an Ordinance to establish guidelines for the City Council to issue permits for the dispensing of alcohol. Dr. Pentecost explained that the Alcohol Zoning Ordinance Committee organized into four sub-committees: 1. Sub-Committee to consider areas of City where alcohol may be sold. (Mike Tucker, Don Primm, Calla Davis) Vol. 49, Page 68 2. Sub-Committee on who should be aloud to sell alcohol. (Ben Armistead, Murphy Williams, Kathryn Reeves) 3. Sub-Committee on what would constitute a review of an alcohol dispensing permit. (Judy Burd, Mark Seiley, Jack Ramsay) 4. Sub-Committee to makeup the Composition, of the proposed Alcohol Zoning Ordinance. (Nancy Hardie, Eric Hanner, Bill Moses) Dr. Percy Pentecost displayed a map and illustrated the areas recommended for the selling of alcohol. Mr. Ray Flaherty, 13220 Challaburton, Farmers Branch, was present and stated that he had read the information presented by the Alcohol Zoning Ordinance Committee and found it to be very thorough and extensive. Mr. Flaherty stated that he is in favor of the proposed Alcohol Zoning Ordinance and complimented the Committee. Mayor Dodd read the main topics and points from a letter from Vernon Smith, P.O. Box 810691, Dallas, Texas, resident of Farmers Branch. The written points from Mr. Vernon Smith's letter were as follows: 1. I suggest that the proposed areas for selling alcoholic beverages recommended by the committee be approved. 2. I suggest that the proposed $80.00 per square foot interior finish recommended by the committee is far too high. I believe the highest known cost of any commercial building interior finish in Farmers Branch would be closer to $25.00 to $45.00 per square foot which would be a more acceptable figure to use in the ordinance. 3. The committee reject retail sales of wines, beer, and liquor for off-site consumption. I believe this would be a mistake and suggest that package retail be permitted but restricted to those areas mentioned above. 4. I believe it is inconsistent to insist that the bar area be screened from view of eating areas when the hotels and other places in Farmers Branch have not had that same restriction. The ordinance should be consistent with what has been allowed by the hotels. Vol. 49, Page 69 n 5. I support the ordinance with my suggested changes and believe it will benefit all our citizens, not just a few. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", closed the Public Hearing. Councilmember Dingman questioned how the proposed ordinance would affect the existing private club permits, both those which are in the proposed areas where alcohol can be sold and cannot be sold. City Attorney, John Boyle explained that this is a proposed amendment to the Zoning Ordinance and under the procedure it would be necessary for the matter to be advertised for consideration and recommendation by the Planning and Zoning Commission then for the Council. Mr. Boyle further stated that the ordinance in it's present form does not include two private clubs which are in the area that would not be aloud in the future, but under this ordinance those two private clubs would be held to be valid and legal and would allow them to continue, not as non-conforming users, but as legal and valid users which would give them the ability to expand. The private clubs which are located in the area where it would be permissible are not addressed precisely. Mr. Boyles recommended that as the ordinance comes forward, Mr. Scales, Director of Community Services, examine and evaluate the applicability of this ordinance to the ordinance's that zoned those various clubs and for the City to have this factual information before it, to enable the Council to determine as to whether or not the Council wants this ordinance to apply or desire those to become non-conforming, or legal and valid. Mr. Boyle further stated that the existing ones, he would recommend that the Council address specifically with the known facts, and this is not a large area, approximately twelve would need to be addressed specifically. Councilmember Blair questioned the amount of footage required for a buffer zone. Dr. Percy Pentecost stated that a 300-foot buffer zone is required and is consistent with the State Statues. Dr. Pentecost explained that if any part of the ordinance is declared unconstitutional or not in compliance with the State Statues that the whole ordinance will not become null and void. Dr. Percy Pentecost further stated that the requirements of 5,000 square feet at $80.00 per square foot for interior furnishings would provide for quality restaurants and hotels and would be adjustable with inflation and deflation. Mayor Dodd stated that this ordinance will be sent to the Planning and Zoning Commission, to be advertised for a "Public Hearing", then the Planning and Zoning Commission will make their recommendations to the City Council. The Council is contemplating Vol. 49, Page 70 the second meeting in September as a tentative date for the finalization of the Alcohol Zoning Ordinance. A motion by Councilmember Blair, a second by Councilmember Phelps, all voting "aye", conferred favor and conceptual acceptance of the Ordinance as captioned below and directed the Ordinance back to the Planning and Zoning Commission for study, input and a Public Hearing; and directed the Planning and Zoning Commission send the matter back to the City Council at the appropriate time. Mayor Dodd asked to amend the motion that the minutes of the Alcohol Zoning Ordinance Committee be added to the minutes of this City Council meeting. Councilmembers Blair and Phelps accepted the amendment and all voted "aye". "AN ORDINANCE OF THE CITY OF FARMERS BRANCH AMENDING ITS COMPREHENSIVE ZONING ORDINANCE TO PROVIDE FOR THE ISSUANCE OF SPECIFIC USE PERMITS FOR THE OPERATION OF A PRIVATE CLUB BY AMENDING SECTION 8-400 AND ADDING SECTIONS 8-400-1 THROUGH 8-400-18 REGULATING THE ISSUANCE OF SPECIFIC USE PERMITS FOR A RESTAURANT WITH A PRIVATE CLUB; ADDING CERTAIN SECTIONS RELATING TO A GEOGRAPHIC DELINEATION WHERE PRIVATE CLUBS MAY BE LOCATED; PRESCRIBING CONDITIONS AND REQUIREMENTS FOR A RESTAURANT WITH A PRIVATE CLUB; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE." Ms. Calla Davis, 2828 Selma Lane, Member of the Alcohol Zoning Ordinance Committee, was present and commended the members of the Alcohol Zoning Ordinance Committee for their hard work and support of the Community of Farmers Branch. Mayor Dodd and the Councilmembers applauded the members of the Alcohol Zoning Ordinance Committee for their commitment and diligence. C.2 PUBLIC HEARING: CONSIDER REQUEST OF HARWOOD K. SMITH & PARTNERS FOR APPROVAL OF A SITE PLAN FOR THE EXPANSION OF THE BROOKHAVEN PSYCHIATRIC PAVILION OF THE DEDMAN MEDICAL CENTER LOCATED AT THE NORTHEAST CORNER OF WEBB CHAPEL AND LBJ FREEWAY AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that this request is to expand the Dedman Medical Center by an additional 7,630 sq. ft. on the south side of the Vol. 49, Page 71 existing Psychiatric Pavilion, and to permit construction of a pool and pool house on the west side of the Pavilion. Brookhaven Psychiatric Pavilion is located within Planned Development District 18, and therefore requires a public hearing for site plan approval. Mayor Dodd stated that the Planning and Zoning Commission, by unanimous vote, recommends that this site plan be approved. Mayor Dodd opened the Public Hearing. Mr. Robert Lewis, Harwood K. Smith & Partners, 1111 Plaza of the Americas, was present and explained the concept of the site plan for the expansion of the Brookhaven Psychiatric Pavilion of Dedman Medical Center. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", closed the Public Hearing. After some discussion a motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", approved the request of Harwood K. Smith and Partners of a site plan for the expansion of the Brookhaven Psychiatric Pavilion of the Dedman Medical Center located at the Northeast Corner of Webb Chapel and LBJ Freeway to permit construction of a pool and pool house on the west side of the Pavilion. C.3 PUBLIC HEARING: CONSIDER REQUEST OF MOORE BUSINESS FORMS AND SYSTEMS DIVISION TO AMEND PLANNED DEVELOPMENT DISTRICT NO. 25 TO INCREASE THE PERMITTED COVERAGE FROM 40% TO 55% FOR WAREHOUSE AND LIGHT INDUSTRIAL USES AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the Applicant intends to build a 34,665 sq. ft. warehouse addition to the existing warehouse located at 13365 Branch View Lane. The Planning and Zoning Commission, by unanimous vote, recommends that this amendment be approved for Lot 1, Block 3 of the Valley View Addition only. Mayor Dodd opened the Public Hearing. Ms. Connie J. Miller, 2620 State Street, Dallas, representing the Moore Business Forms and Systems Division, was present and stated that the purpose of this request is to permit an expanded facility at the existing site as recommended by the Planning and Zoning Commission. A motion by Councilmember Dunagan, a second by Councilmember Phelps, all voting "aye", closed the Public Hearing. After some discussion, a motion by Councilmember Dingman, a second by Councilmember Weidinger, all voting "aye", approved the request Vol. 49, Page 72 of Moore Business Forms and Systems Division to amend Planned Development District No. 25, Lot 1, Block 3, of the Valley View Addition "Only", as recommended by the Planning and Zoning commission, to increase the permitted coverage from 40% to 50% for warehouse and light industrial uses. AGENDA ITEM NO. C.4 WAS ADDED TO THE CONSENT AGENDA ITEMS. C.5 SITE PLAN: CONSIDER REQUEST OF JERRY HOLSTROM FOR APPROVAL OF SITE PLAN FOR PROPERTY BETWEEN IH 35 AND DENTON ROAD LOCATED APPROXIMATELY 962 FEET SOUTH OF THE SOUTH LINE OF VALWOOD PARKWAY IN PLANNED DEVELOPMENT 30 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that Jerry Holstrom, Architect, is requesting approval of a new site plan for office and retail uses which consists of an 80,648 square foot building on 3.7 acres of land. Mayor Dodd stated that the Planning and Zoning Commission, by unanimous vote, recommends that this site plan be denied with prejudice. (Since the P & Z meeting, the Applicant has made five changes to the site plan as stated on the Information Sheet.) Mr. Curt Hodgson, 5336 Alpha, was present and stated that he did go back to the Planning and Zoning Commission, as recommended by the City Council, with changes to the site plan as follows: 1. Moving the loading areas for better access. 2. Adding additional landscaping along Denton Drive. 3. Adding a pedestrian passage way through building "A". 4. Specifying a combination of brick and architectural masonry for Denton Drive. 5. Eliminating some of the parking spaces. 6. Specifying the construction of the gates for the trash container area. 7. Moving the transformer away from the loading area. Mr. Hodgson further stated that the Planning and Zoning Commission is requesting five more changes to the site plan as follows: 1. Closing two driveways along Denton Drive. 2. Reducing the size of building "B". Vol. 49, Page 73 3. Removing additional parking spaces. 4. Specifying reinforced concrete as the paving material. 5. Reducing the site coverage from 30.4 to 28.8 percent. Mr. Hodgson referenced the Planning and Zoning Commission's Information Memo, for August 4, 1986, Items No. 1 and No. 8, and stated that these areas have been taken care of since the last Planning and Zoning Meeting. Mr. Hodgson stated that the PD-30 Zoning Ordinance requires 505 site coverage and 5% landscaping dedication. Mr. Hodgson stated that the proposal far exceeds the PD-30 Zoning Ordinance in these areas. Mr. Hodgson stated that Items No. 1, 5, 10, and 11, of the Information Memo, of August 4, 1986, from the Planning and Zoning Commission are abstract in his opinion. Mayor Dodd stated that the City Council relies on the Advisory Boards for direction and recommendations, especially when the vote is unanimous. Mayor Dodd explained that it is the policy of the City Council to send any matters back to the respective Advisory Boards when there has been changes made since the last Advisory Board Meeting. City Manager, Paul West stated that the City Staff is recommending approval of the Site Plan. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", directed the request of Jerry Holstrom for a site plan on property located between IH 35 and Denton Road, Approximately 962 feet south of the south line of Valwood Parkway in Planned Development 30 Zoning District, back to the Planning and Zoning Commission. Councilwoman Dingman asked to amend the motion to include a note to the Planning and Zoning, which states that substantial changes have been made since the last Planning and Zoning meeting. Councilmembers Blair and Weidinger accepted the amendment and all voted "aye". C.6 CONSIDER REQUEST FOR CHANGE ORDERS FOR THE FARMERS BRANCH PUBLIC LIBRARY AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that this item has been placed on the agenda at the request of Kugler-Morris General Contractors Inc., the contractor for the Farmers Branch Library. Mr. Charles W. Jordan, 6710 East View Rd. Wylie, Texas, was present and stated that he is representing Kugler-Morris General Contractors Inc., regarding change orders for installation of a galvanized steel guardrail and planter on the bridge and the installation of the access ladder to fountain pump room. Mr. Vol. 49, Page 74 0 f] Jordan stated that the architect was out of town and that Kugler-Morris General Contractors Inc., was instructed verbally by the Architect on an RFP (Request for Proposal) order to proceed with the project. Councilmember Blair questioned the amount of materials and the kinds of materials used for the guardrail/planter and the access ladder. Mr. Jordan stated that a considerable amount of work went into installing the access ladder because of unanticipated problems with the inserting of the access ladder into a pit and a pump supplied by the City that was not submergible and would not fit into the pit. Mr. Tom Scales, Director of Community Services stated that the City did ask the architect to give a proposal for putting a guardrail over the Bridge, but the City did not approve, instruct or give the go ahead to construct the guardrail or install the guardrail prior to any change orders being approved by the City Council. After some discussion with the Council, Mr. Jordan stated that he would settle with the Council in the amount of $5,000.00. After much discussion, and in the consideration of time and effort, a motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", approved Change Orders, No. 12 and 13 for the construction and installation of a galvanized steel guardrail across the Rawhide Creek Bridge on Webb Chapel and the installation of an access ladder to the fountain pump in the amount not to exceed $5,000.00 for the Farmers Branch Public Library. C.7 CONSIDER EVALUATION OF STREET HARDWARE PAINTING AND TAKE THE APPROPRIATE ACTION. Mayor Dodd stated that the street hardware has been painted off white on Marsh Lane between Brookhaven Club Drive and LBJ (IH635). At the request of the City Council for input from the citizens, the City staff has received numerous responses by citizens expressing their opinion. As of August 11, 1986, the staff has received 76 responses of which 51 (67%) are in favor of painting street hardware white or off white. Mayor Dodd stated that as a result of the citizens input, the staff recommends that the City Council select off white as the color of street hardware. Councilmember Dingman stated that it was her understanding that once the painting of the street hardware to white or off white was approved that the City would look into acquiring new street hardware in the off white color and repairing and painting the street hardware as needed. Vol. 49, Page 75 City Manager, Paul West stated that the painting of the street hardware would be repainted as needed, and that most of the street hardware needs repainting at this time. Councilmember Weidinger stated that he would like to see the figures for this project in the budget for next year. City Manager, Paul West stated that the most of the painting would be included into the Regular Maintenance Budget and the new street lights that come with the new projects will also be included in the regular maintenance budget. Councilmember Phelps stated that a lot of signs have over spray on them and that this should be monitored in an effort to keep the signs looking nice. Councilmember Dingman stated that prior to painting the street hardware, that the City evaluate, each section as it comes up, the number of street poles, eliminate the unnecessary poles and straighten all the poles that need it. Mayor Dodd stated that areas that have particular characteristics (such as black lanterns) not be painted, per the Sedway Cooke Study. A motion by Councilmember Dunagan, a second by Councilmember Blair, all voting "aye", directed the City Staff to proceed with the acquisition of off white paint and the purchasing of off white street hardware and the painting of the street hardware to an off white as part of the regular maintenance program. C.8 CONSIDER REQUEST OF THE GUN GALLERY INCORPORATED TO DISCUSS REIMBURSEMENT OF FUNDS SPENT ON REMODELING 2505 VALLEY VIEW LANE AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that this item has been placed on the agenda at the request of Howard and Paul Rosenberg of the Gun Gallery Incorporated. Mr. Paul Rosenberg presented a request for reimbursement of expenses he and his brother incurred getting a business ready for operation before the City Staff told them the use was not permitted on the property. Councilmember Blair stated that a building permit was issued for remodeling of space to the Gallery Gun Shop on February 26th, 1986 and that Mr. Rosenberg was advised by phone on March 5th, 1986 that an error had been made, and that a gun shop is not a listed use in the zoning district and a specific use permit is required. Councilmember Blair stated that in reviewing the amount of cost involved and since the permit was for $5,000.00, indications are, through the permitting process that no more than $5,000.00 worth of Vol. 49, Page 76 work was going to be done on this particular building. The time frame was approximately one week, and the Rosenbergs are asking for $19,000.00 in reimbursements. Councilmember Blair stated that $4,500.00 might be attributed to the city's action in approving the Building Permit by mistake. Councilmember Phelps gave an itemized list of items that might be considered reimbursable by the City. Mr. Paul Rosenberg, stated that The Gun Gallery did act in good faith and requested the Council look at all sides of the matter. After much discussion, Councilmember Blair made a motion to award to The Gun Gallery Incorporated in the amount of $4,600.00 for funds spent on the remodeling of 2505 Valley View Lane. Councilmember Dunagan seconded the motion. After some discussion of the telephone installation cost along with the other expenses, Councilman Weidinger asked to amend the motion to award $5,000.00 because the City issuing the building permit by mistake. Councilmembers Blair and Dunagan accepted the amendment and all voted "aye". C.9 DISCUSS OUTSIDE SALES AT THE SKAGGS ALPHA BETA STORE AT VALLEY VIEW AND JOSEY LANES AND TAKE THE APPROPRIATE ACTION. Councilmember Weidinger stated that the Skaggs Alpha Beta Store located at Valley View and Josey Lane is requesting outside sales. Councilmember Weidinger stated that seasonal sales such as fertilizer should be permitted to be sold out of doors. Mr. Tom Scales, Director of Community Services stated that the restriction that prohibits Mr. Roylance from replacing his seasonal items on the sidewalk, would be the City Sign Ordinance No. 1248. The City Staff recommends that the Ordinance not be changed but that Mr. Roylance obtain a variances from the Building Code Board of Appeals. The Building Code Board of Appeals has the authority to make exceptions to the ordinances. Councilmember Dingman stated that prior to considering changing any procedures that a lot of thought should go into it. Mr. Rex Roylance, 3345 Rolling Knoll, Unit Manager of Skaggs Alpha Beta, was present and requested clarification of Ordinance No. 1248. Mr. Roylance stated that he did not feel that this Ordinance should apply to the private property located in front of the Skaggs Alpha Beta Store because the ordinance covered sidewalk sales of fruits, Christmas Trees, trucks with shrimp and pumpkins, etc. Councilmember Dunagan stated that he would like to see a permit issued once a year as opposed to every 90 days for outside sales. Vol. 49, Page 77 Mr. Roylance stated that he felt that it was no more of a violation to sell cords of wood and fertilizer on the store's private property than it was to have coke machines or ice machines in front of other business'. Councilmember Blair suggested that Mr. Roylance go to the Building Code Board of Appeals which at their discretion, can permit permanent variances or fixed time variances. City Attorney, John Boyle assured Mr. Roylance and the Council that the Building Code Board of Appeals has the authority to grant special variances to said ordinances. D.1 DISCUSS COUNCIL TRAVEL REQUESTS AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that this item has been placed on this agenda and all future agendas at the request of Councilman Herb Weidinger. Councilmember Weidinger stated, in light of the changes in the Travel Policy, that this should be a permanent item on the agenda. Mayor Dodd stated that he is a member of the NLC Finance Administration Intergovernment Relations Steering Committee. Mayor Dodd requested permission to attend a meeting on the Finance Administration Steering Committee Meeting. The meeting has been called for August 21st, and 22nd, 1986, in Colorado Springs, Colorado. A motion by Councilmember Dunagan, a second by Councilmember Weidinger, all voting "aye", approved the travel request from Mayor Dodd to attend the Finance Administration Intergovernment Relations Steering Committee Meeting, in Colorado Springs, Colorado on August 21st and 22nd, 1986, to be funded by the General Fund. Councilmember Weidinger stated that the Metrocrest Chamber of Commerce made a request to find out who will be attending the Annual Community Development Tour, September 27th, through October 2nd. Councilmember Weidinger further stated that there are two other events that need to be planned because of the need to make early hotel reservations. 1. The Annual TML Conference in Houston, on October 9th - 11th, and; 2. The Nation League of Cities meeting in San Antonio, November 29th, through December 3rd. Councilmember Dingman stated that the budget fund accounts that the business trips are going to come out of should be stipulated. A motion by Councilmember Weidinger, a second by Councilmember Blair, all voting "aye", approved the following business meetings as official trips for the Council: 1. The Metrocrest Chamber of Commerce, Community Development Tour, September 27th through October 2nd, 1986, Montreal/New York. 2. The Annual Texas Vol. 49, Page 78 Municipal League Meeting, October 9th - 11th, 1986, in Houston. 3. The National League of Cities Meeting, November 29th through December 3rd, in San Antonio, and as amended by Councilmember Dingman, that the National League of Cities Finance Steering Committee Board Meeting in Colorado, for the Mayor, come out of the 1986-87 General Fund; The Chamber Tour, come out of the 1985-86 Hotel/Motel Fund, The Texas Municipal League Meeting come out of the 1986-87 General Fund; and the National League of Cities Meeting, come out of the 1986-87 General Fund. D.2 CONSIDER ENTERING INTO A CONTRACT BETWEEN THE CITY OF FARMERS BRANCH AND SOUTHWESTERN BELL TELEPHONE COMPANY, AND BEGIN CHARGING A $.25 FEE PER ACCESS LINE FOR THE IMPLEMENTATION OF ENHANCED 911 EMERGENCY TELEPHONE SERVICE. Mayor Dodd stated that the number 911 is reserved nationwide for citizens to obtain emergency assistance: police, fire, and medical. The enhanced 911 system will handle emergency calls only. Mayor Dodd explained that the implementation of the service will take approximately 2-years, after signing of contract. This is the time required to gather the data base information, and installation of equipment. Mayor Dodd stated that based on the current 27,825 access lines in Farmers Branch, the cost at time of implementation of service would be approximately $129,914.30, plus a monthly service charge of $4,963.70. Mr. Richard Atkins, representative from Southwestern Bell Telephone, was present and explained all the features involved with the 911 system. Mr. Atkins stated that the actual service fee would be taken up at a later date, possibly at a Public Hearing. Councilmember Blair questioned the feasibility of initiating a charge of a $.25 fee on each access line per month, and that when the time comes to pay the $130,000.00 in 1988, the money will be there. Mr. Atkins stated that the Southwestern Bell Telephone Company Attorney advises against the citizens prepaying for the 911 system, prior to the establishment of the 911 system in 1988. City Attorney, John Boyle stated that legally, before you can charge for a service, a service must be in place. Councilmember Dingman stated that the 911 services question should be put on the Citizens Survey for public input. Councilmember Dingman further stated that there are several options in paying for the 911 services. Vol. 49, Page 79 Councilmember Dunagan stated that the 911 service is a real valuable and practical service and should be implemented as soon as possible to prevent future liability problems. Mayor Dodd stated that there is a cost factor related to the 911 service and the citizens should be made aware of that part of the 911 service through the Citizens Survey. Mr. Atkins stated that there is an established fee structure currently being used by Dallas and other metropolitan cities. Councilmember Blair made a motion instructing the enter into a contract, between the City of Farmers Southwestern Bell Telephone for the implementation telephone service. Councilmember Dingman seconded asked to amend to include instructing the staff to the financing of 911 service in a timely manner. 2-ity Manager to Branch and of the 911 the motion and study options in D.3 CONSIDER ORDINANCE NO. 1643 RELATING TO THE ANNUAL OVERLAY PROGRAM AND TAKE THE APPROPRIATE ACTION. Mayor Dodd stated that the Hot-Mix Overlay Program is designed to rehabilitate asphalt pavements and extend the useful service life of concrete pavements. Mayor Dodd state that the Council would like more time for further discussion. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", tabled the consideration of Ordinance No. 1643 relating to the Annual Overlay program. AGENDA ITEM NO. D.4 WAS ADDED TO THE CONSENT AGENDA ITEMS. AGENDA ITEM NO. D.5 WAS ADDED TO THE CONSENT AGENDA ITEMS. AGENDA ITEM NO. D.6 WAS ADDED TO THE CONSENT AGENDA ITEMS. AGENDA ITEM NO. D.7 WAS ADDED TO THE CONSENT AGENDA ITEMS. D.8 CONSIDER AUTHORIZING THE EXECUTION OF A CONTRACT WITH LUMINA DESIGN ASSOCIATES FOR THE SELECTION OF INTERIO. FURNISHINGS FOR THE SENIOR ADULT ACTIVITY CENTER/ LDING. Mayor Dodd stated that the Parks and Recreation Department requests approval to negotiate a contract with Lumina Design Associates for selection of interior furnishings for the Senior Adult Activity Center/Community Building. Mayor Dodd explained that the interior furnishings to be selected include window treatments, interior plants and paintings. Estimated total cost of contracts and furnishings is $14,000. It Vol. 49, Page 80 is estimated that three months will be needed from date of execution of contract to completion of installation. Negotiated contract will be submitted to City Council in September for approval. Estimated contract cost for the consultant is $2,500. It is recommended that funds be allocated from the Capital Improvement Reserve. Mr. Jeff Fuller, Assistant Director of Parks and Recreation, was present and explained the price structure of Lumina Design Associates. A motion by Councilmember Dunagan, a second by Councilmember Blair, all voting "aye", authorized the execution of a contract with Lumina Design Associates for the selection of interior furnishings for the Senior Adult Activity Center/Community Building to be allocated from the Capital Improvement Project Fund, not to exceed 10% of the estimated cost or $1,400.00. D.9 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH M/A/R/C, INC. TO EVALUATE AND MAKE RECOMMENDATIONS REGARDING THE PROPOSED CITIZEN'S SURVEY QUESTIONNAIRE IN THE AREAS OF DESIGN, DISTRIBUTION TO THE PUBLIC, AND EXECUTIONAL ISSUES AFFECTING RETURN RATE. Mayor Dodd stated that the office of the City Manager requests approval to negotiate an agreement with M/A/R/C, Inc. to evaluate and make recommendations regarding the proposed Citizen's Survey Questionnaire. For the record, Councilmember Weidinger has left the Council Chambers. A motion by Councilmember Dunagan, a second by Councilmember Phelps, all voting "aye", tabled the consideration to authorize the City Manager to execute an agreement with M/A/R/C, Inc. to evaluate and make recommendations regarding the proposed Citizen's Survey Questionnaire in the areas of design, distribution to the public, and executional issues affecting return rate. AGENDA ITEM NO. D.10 WAS ADDED TO THE CONSENT AGENDA ITEMS. D.11 CONSIDER AWARDING THE BID FOR A CEMENT STORAGE SILO FOR THE STREET DIVISION. Mayor Dodd stated that bids were received for a cement storage silo for the Street Division on July 31, 1986. Four bids were received. One bid did not meet the specifications. The lowest bid meeting the specifications was received from Aggregate Plant Products Co. in the amount of $25,575.00. Funds are available in the Street Division budget for the purchase of the cement silo in the amount of $30,000.00. Vol. 49, Page 81 L_J Mayor Dodd stated that the Public Works Department recommends that the bid for a cement storage silo be awarded to Aggregate Plant Products Co. in the amount of $25,575.00. Councilmember Blair questioned the location of the proposed silo at the Camelot Landfill, suggesting that consideration be given to neighbors when placing the silo in a permanent place. Earl Deland, Director of Public Works, was present and stated that an actual site for the silo has not been decided. A motion by Councilmember Blair, a second by Councilmember Dunagan, all voting "aye", awarded the bid for a cement storage silo to aggregate Plant Products Co. in the amount of $25,575.00, with specific emphasis and consideration being given to the placement of the silo, in keeping with the good neighbor policy. D.12 CONSIDER AWARDING THE BID ON THE HISTORICAL PARK PARKING LOT, PATHWAYS AND FENCE AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the City received bids on August 13, 1986 for the Historical Park Parking Lot, Pathways and Fence. The scope of work includes a concrete parking lot for approximately 30 vehicles, 1400 linear feet of brick pathways, and 2000 linear feet of stone/wrought iron fence. The budget amount for total construction of these items is $433,000.00 Mayor Dodd stated that after reviewing the bid tabulation, the low bidder is Hannah Construction Co. Their bid for the total project is $368,110.00. City Staff has completed the reference check and all references were strongly positive. The Engineering Department recommends that the bid for Historical Park Parking Lot, Pathways and Fence be awarded to Hannah Construction Co. for $368,110.00. Councilmember Dingman questioned whether or not this project would be complete by the Historical Park Dedication. Mark Pavageaux, Assistant City Engineer, was present and stated that the Engineering Department hopes and expects that the project will be complete prior to the September 21st Dedication. Mr. Pavageaux explained that the contractors have been instructed to complete the most visible areas first so that should there be any unexpected delays, that the unfinished areas would not be as visible. A motion by Councilmember Dingman, a second by Councilmember Blair, all voting "aye", awarded the bid on the Historical Park Parking Lot, Pathways and Fence to Hannah Construction Company in the amount of $368,110.00. Vol. 49, Page 82 D.13 CONSIDER AUTHORIZING FINAL PAYMENT TO TEXAS FIXTURE, INC. ON THE SENIOR ADULT ACTIVITY CENTER AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the Texas Fixture, Inc., the contractor for the Senior Adult Activity Center has submitted for final payment on the project. The Architect, Lambert/Ott & Assoc. has reviewed and approved the final payment releasing all money to the Contractor. After some discussion, a motion by Councilmember Dunagan, a second by Councilmember Phelps, all voting "aye", tabled the consideration to authorize final payment to Texas Fixture, Inc. on the Senior Adult Activity Center. D.14 CONSIDER THE BID FOR A REPLACEMENT HYDRAULIC PAVEMENT BREAKER FOR THE WATER MAIN REPLACEMENT DIVISION. Mayor Dodd stated that the request for bids were mailed to J. W. Bartholow Equipment Company, Moody Day Company, Strawn Equipment and Nationwide Equipment Company. The only bid received was from J. W. Bartholow Equipment Company for an Arrow Hydraulic Pavement Breaker meeting our specifications in the amount of $35,297.78. The Water Main Replacement Division budget includes $45,000.00 for the purchase of a replacement pavement breaker. Mayor Dodd stated that the Public Utility Department recommends that due to the fact only one bid was received the bid from J. W. Bartholow Equipment Company be rejected and the Utility Department readvertise for bids. Mr. Charles Snider, representing J.W. Bartholow Machinery Company, 1221 South Lamar Street, Dallas, was present and stated that J.W. Bartholow Machinery Company will not resubmit bids should the City decide to readvertise for bids, because the J.W. Bartholow bid is now public knowledge. For the record, Councilmember Weidinger has returned to the Council Chambers. After much discussion, a motion by Councilmember Blair, a second by Councilmember Phelps, all voting "aye", award the bid to J.W. Bartholow Equipment Company for a replacement hydraulic pavement breaker in the amount of $35,379.78, for the water main replacement division. D.15 CITIZEN PARTICIPATION. No one was present to participate in the citizen Participation Portion of the Council Agenda. 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 Vol. 49, Page 83 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 - Article 6252-17, Sec. 2(g) 1. There was discussion of an appointment to the DART Board of Directors. 2. The appointment of a Senior Advisory Council was not discussed but will be September 22, 1986. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Dunagan, a second by Councilman Blair, all voting "aye", adopted a resolution naming Robert E. Thomas as the City of Farmers Branch's representative to the Board of Directors of the Dallas Area Rapid Transit Authority subject only to the approval and concurrent appointment by the cities of Addison, Coppell and Flower Mound. F.1 ADJOURNMENT. A motion by Councilmember Blair, a second by Councilmember Dunagan, all,,yoting "aye", adjourned the City Council Meeting at 10:34 PM. Ma or John Dodd City Secretary Vol. 49, Page 84