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1987-08-17 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 08/17/87 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 Bob Phelps John Dunagan Calla Davis Dave Blair Herb Weidinger The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Director of Community Services Director of Public Works Traffic Engineer City Engineer Richard L. Escalante Steve Carpenter Gene Carlton John Boyle Ruth Ann Parish Tom Scales Earl Deland Larry Cervenka Jerry Murawski Mayor Dodd called the City Council Meeting of 08/17/87 to order at 7:32 p.m. The meeting was televised. A.1 INVOCATION Councilman Herb Weidinger gave the invocation and led the Pledge of Allegiance. A.2 CONSIDER DONATION OF THREE PAIR KNITTING NEEDLES, MADE IN THE 2ND HALF OF THE 19TH CENTURY. Mayor Dodd explained that Mrs. Oran (Inez) Good of 2527 Farmers Branch Lane, Farmers Branch,Texas, wishes to donate three pair of knitting needles to the Historical Park. The Parks & Recreation Department recommends that the donation be accepted. Vol. 53, Page 2.4. Jeff Fuller, Assistant Director of Parks and Recreation, came forward to make the presentation. Councilman Blair moved to accept the donation of the three pair of knitting needles from Mrs. Oran Good. Councilman Phelps seconded the motion and all voted "aye". A.3 CONSIDER DONATION OF A CHAIR, DATED FROM EARLY PART OF 20TH CENTURY. Mayor Dodd explained that Ms. Juanita Osborne, Osborne's House Restaurant, 2722 Mount View, Farmers Branch, Texas, wishes to donate a chair, dated from early part of 20th century, to the Historical Park. The Parks & Recreation Department recommends that the donation be accepted. Jeff Fuller, Assistant Director of Parks and Recreation, came forward to make the presentation of the Chair dated from the early part of the 20th Century for Ms. Osborne. Councilwoman Davis moved to accept the donation of the chair from Ms. Osborne. Councilman Weidinger seconded the motion and all voted "aye". A.4 CONSIDER REQUEST OF THE MASONIC LODGE TO DONATE THE CORNERSTONE FOR THE NEW CITY HALL AND TAKE THE APPROPRIATE ACTION. Mayor Dodd explained that Mark Young will be present to present the request from the Masonic Lodge. Mark Young came forward representing the Masonic Lodge on Demetra Street in Farmers Branch and requesting that a cornerstone be placed in northeast corner of the new City Hall. The polished white marble cornerstone will be inculcated into the design as suggested by Ken Hutchins of F&S Partners to reflect the Masonic emblem in which a time capsule will be placed. J. E. Johnson came forward and spoke briefly about the tradition of the cornerstone. Councilman Blair moved to accept the cornerstone to be placed in the new City Hall from the James A. Smith #395 Masonic Lodge of Farmers Branch. Councilman Phelps seconded the motion and all voted "aye". A.5 PRESENTATION OF SERVICE AWARDS A. 5a Vol. 53, Page 25. Mayor Dodd presented Russell Bennett of the Fire Department with a 5-year employee service award. A.5b Mayor Dodd presented Mike Nolen of the Fire Department with a 5-year employee service award. A. 5c Mayor Dodd presented Mark Young of the Police Department with a 5-year employee service award. A.6 PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd explained that this item gives applicants an opportunity to present board applications to the City Council. No one wished to present the application at this time. SPECIAL ANNOUNCEMENT: City Council with a board Mayor Dodd introduced Mike Tucker, Chairman of the Board of the Farmers Branch Chamber of Commerce. Mr. Tucker came forward to honor excellence in city government by calling Tom Scales to the podium and presenting him with a plaque expressing the Farmers Branch Chamber of Commerce's appreciation for the excellent job he did while serving as Acting City Manager. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. ITEMS B.1 THROUGH B.4 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. Councilman Phelps moved to withdraw item B.2 from the Consent Agenda items. Councilwoman Davis seconded he motion and all voted "aye". Councilman Phelps moved to add item C.5 to the Consent Agenda items. Councilwoman Davis seconded the motion and all voted "aye". u Vol. 53, Page 26. Councilman Phelps moved to accept the following Consent Agenda items. Councilwoman Davis seconded the motion and all voted "aye". B.1 APPROVED MINUTES OF REGULAR MEETING OF AUGUST 3, 1987. B.3 APPROVED ACCEPTANCE OF A RETAINING WALL EASEMENT BY MR. DELBERT BURL DEATON LOCATED AT 2627 VALWOOD PARKWAY FOR CONTAINMENT OF CHANNEL IMPROVEMENTS TO COOKS CREEK AT VALWOOD PARKWAY. B.4 APPROVED THE FILL PERMIT FOR CONSTRUCTION OF A GABION RETAINING WALL ALONG FARMERS BRANCH CREEK BEHIND 3277 BRINCREST FOR THE PURPOSE OF PROTECTING THE CREEK BANKS FROM EROSION. C.5 APPROVED REQUEST BY THE FARMERS BRANCH CHAMBER OF COMMERCE TO WAIVE TEMPORARY FOOD PERMIT FEE ($10.00) RELATED TO THE SIDEWALK SALE FOR AUGUST 22, 1987. B.2 CONSIDER ACCEPTANCE OF A RETAINING WALL EASEMENT FROM MS. ETHEL M. ELLIS OF 2626 VALWOOD PARKWAY, CONSIDER MS. ELLIS' REQUEST FOR COMPENSATION, AND TAKE APPROPRIATE ACTION. As part of the Valwood Parkway Improvements Project, a permanent Retaining Wall Easement must be acquired from Ms. Ethel M. Ellis' property at 2626 Valwood Parkway. The easement is to contain channel improvements to Cooks Creek at Valwood Parkway. The installation of the retaining wall and bridge structures adjacent to Ms. Ellis' property requires removing a healthy 24-inch diameter sycamore tree which was planted by Ms. Ellis approximately 26 years ago. Although the sycamore tree is within the existing Valwood Parkway street right-of-way, Ms. Ellis has requested that the City provide compensation for the Retaining Wall Easement and for the loss of her tree by providing to her, funds to replant a young tree in her front yard. Estimated cost of a 2 to 2 1/2 inch tree, planted and guaranteed by an independent nursery would be approximately $350.00. In order to avoid hindering the City's project, Ms. Ellis executed the required Retaining Wall Easement and hopes the City of Farmers Branch will consider her request. Jerry Murawski, City Engineer, came forward to answer questions from the Council on this item. Councilman Blair moved to accept the retaining wall easement from Ms. Ethel M. Ellis of 2626 Valwood Parkway and to grant Ms. Ellis' request to replace a tree on her property at the fee of $350.00 to be allocated from the General Fund. Councilman Dunagan seconded the motion and all voted "aye". Vol. 53, Page 27. SPECIAL ANNOUNCEMENT: Michael Nerlinger, Chairman of the Community and Tourism Committee for the Farmers Branch Chamber of Commerce, came forward to announce the Sidewalk Sale, Saturday, August 22, 1987. Mr. Nerlinger outlined some of the activities. EMERGENCY ITEMS ADDED. COUNCILMAN PHELPS ANNOUNCED that two emergency items had been added to the regular agenda: Item C.6, a request from the North Texas Commission; and Item C.7, a change order to the Valwood Parkway improvement contract. Councilman Phelps moved to add Items C.6 and C.7 to the regular agenda. Councilman Weidinger seconded the motion and all voted "aye". C.1 CITY MANAGER REPORTS. City Manager, Richard Escalante, gave an informative report on the programs, projects and happenings of the various departments of the City. Mr. Escalante announced that Debbie Champion has been appointed Interim Finance Director. C.2 PUBLIC HEARING: CONSIDER REQUEST OF ROBERT S. NULL TO AMEND PLANNED DEVELOPMENT NO. 35 TO PERMIT A MORTUARY BY SPECIFIC USE PERMIT; AND TO DETERMINE IF A SPECIFIC USE PERMIT FOR A MORTUARY SHOULD BE GRANTED ON A 0.89 ACRE TRACT OF LAND AT THE SOUTHEAST CORNER OF WILLIAM DODSON PARKWAY AND VALLEY VIEW LANE, SAID PROPERTY COMMONLY KNOWN AS 2570 VALLEY VIEW LANE. Mayor Dodd explained that Robert Null intends to convert the present Church of Christ structure at the above location into a mortuary if the PD is amended and the SUP is granted. The Planning and Zoning Commission, by a 3-1 vote with 1 abstention, recommended that PD-35 be amended to permit a mortuary by SUP. The Commission continued the request for an SUP, therefore no action may be taken concerning the SUP. Mayor Dodd opened the Public Hearing. Mr. Robert Null came forward to answer questions pertaining to this item. Mr. W. W. Baker, 3021 Randy Lane, came forward speaking in behalf of the proposed funeral home at this location. He is the pastor of the First Baptist Church across William Dodson Vol. 53, Page 28. from the proposed site of the funeral home. His church would be willing to handle overflow parking for the funeral home operations. Mr. Berry Grubbs, 13460 Briarbrook, came forward to express his opposition to the SUP for the mortuary at the entrance of the new City Hall and does not feel it meets criteria of the Comprehensive Plan. He feels that the SUP, if approved, should be limited to a short period of time to see what development might take place in the area in the near future as a result of the Comprehensive Plan. Mary Sue Rogers, 3470 JanLyn, came forward to express her opposition to the mortuary being placed at the entrance way of the new City Hall. Seeing that no one else wished to speak to this agenda item, Councilwoman Davis moved to close the Public Hearing. Councilman Weidinger seconded the motion and all voted "aye". MAYOR DODD ANNOUNCED that Councilman Phelps excused himself from the Council Chambers due to a personal reason which has nothing to do with an agenda item. Councilman Weidinger called Mr. Null forward and asked what Mr. Null planned to do to enhance the building and parking lot at the proposed location of the mortuary. Mr. Null stated that the parking lot would have to be completely repaved, the landscaping would be re-worked, the steeple would be removed and the building would be painted inside and outside. Councilman Weidinger stated that he would have a problem approving a SUP for the mortuary without seeing what the site plan is going to look like. Councilman Dunagan stated that the item the Public Hearing was addressing was whether or not the citizens and Council would permit a mortuary in this location. Councilman Dunagan stated he would like to see a really nice looking building and landscape there. Councilman Blair said he might be for a mortuary at this particular location; however, he feels the building would have to be torn down and a new building built on that property meeting building codes. Councilwoman Davis asked Tom Scales, Director of Community Services, if the present structure on this site complies with building codes. Vol. 53, Page 29. Tom Scales came forward and stated that only on observation it appears that the church is setting either right on the property line or just a few feet from the property line. Councilman Weidinger stated he feels the mortuary is needed but, whatever is brought in at that corner should be an enhancement. Councilman Blair moved to permit a mortuary at the present location of the Farmers Branch Church of Christ by approval of a Specific Use Permit in Planned Development 35 by adopting the following captioned Ordinance No. 1716. Councilman Weidinger seconded the motion and all voted "aye". Councilman Phelps was not present for the vote. "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED SO AS TO INDICATE A MORTUARY AS A PERMITTED USE REQUIRING A SPECIFIC USE PERMIT IN THE PLANNED DEVELOPMENT 35 ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY." MAYOR DODD ANNOUNCED that Councilman Phelps re-entered the Council Chamber. C.3 PUBLIC HEARING: CONSIDER REQUEST OF KURT WALL TO AMEND PLANNED DEVELOPMENT NO. 24 TO PERMIT MODULAR STORAGE UNITS BY SPECIFIC USE PERMIT; AND TO DETERMINE IF A SPECIFIC USE PERMIT SHOULD BE GRANTED FOR MODULAR STORAGE UNITS ON PROPERTY IN PD 24 LOCATED AT 2306 SPRINGLAKE ROAD. Mayor Dodd explained that Kurt Wall owns the property at 2306 Springlake Road. It's within the PD-24 zoning district. Mini warehouses are not allowed. Kurt Wall would like the existing PD-24 zone to be amended to permit modular storage units by SUP, and then to permit this use by SUP if the PD is amended. The Planning and zoning commission, by unanimous vote, recommends the request for an amendment to PD-24 to permit modular storage units by SUP be denied. Mayor Dodd opened the Public Hearing. Inasmuch as no one was present to represent this item or to speak on this item, Councilman Weidinger moved to close the Public Hearing. Councilman Phelps seconded the motion and all voted "aye". Vol. 53, Page 30. Councilman Blair moved as per Planning and Zoning Commission to deny the request for an amendment to PD-24 to permit modular storage units. Councilman Weidinger seconded the motion and all voted "aye". C.4 PUBLIC HEARING: CONSIDER REQUEST OF PRIVATE SATELLITE NETWORK FOR A SPECIFIC USE PERMIT FOR A ROOF MOUNTED SATELLITE ANTENNA TO BE LOCATED AT 1605 LBJ FREEWAY IN PLANNED DEVELOPMENT 22 ZONING DISTRICT. Mayor Dodd explained that Private Satellite Network is requesting a Specific Use Permit to locate a six foot diameter, roof mounted antenna on top of the 8 story office building at 1605 LBJ Freeway. Ordinance 1642 (Satellite Antenna Regulations) requires a Specific Use Permit be obtained for roof mounted antennas in excess of 30 inches in diameter. The antenna will be used by tenants within the office building. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit be approved. Mayor Dodd opened the Public Hearing. Robert Brion, representative of B & H Antenna, 2862 Nagle, came forward to answer questions on this item. Seeing that no one came forward to speak on this item, Councilman Blair moved to close the Public Hearing. Councilman Dunagan seconded the motion and all voted "aye". Councilman Blair asked Mr. Brion if this would be on a building in the Park West Development. Mr. Brion said it would be in the Park West Development on top of the farthest east building which is a short building in the development. When Mr. Brion stated it would be on the front of the building roof, Councilman Blair asked if the satellite antenna would be screened in any way. Mr. Brion stated there would be a screening wall. Councilwoman Davis asked if the antenna is for IBM and Mr. Brion stated that the primary use of the antenna will be for IBM. Councilman Blair moved to approve the Specific Use Permit to locate a six foot diameter, roof mounted antenna on top of the 8 story office building at 1605 LBJ Freeway, as recommended by the Planning and Zoning Commission by adopting the following captioned Ordinance No. 1715. Councilman Dunagan seconded the motion and all voted "aye". "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE Vol. 53, Page 31. OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR A SATELLITE ANTENNA DISH TO BE MOUNTED ON THE ROOFTOP OF THE BUILDING LOCATED AT 1605 IH-635 IN THE PLANNED DEVELOPMENT 22 (PD-22) ZONING DISTRICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY." C.5 Consent Agenda 1 C.6 CONSIDER REQUEST FROM THE NORTH TEXAS COMMISSION TO PARTICIPATE IN THE SUPPORT OF THE SUPERCONDUCTING SUPER COLLIDER (S.S.C.) PROJECT, AND TAKE THE APPROPRIATE ACTION. Mayor Dodd explained that The North Texas Commission is requesting the City to add an addendum to their contract in the amount of $3,840.00 to participate in the efforts of bringing the Superconducting Super Collider to North Texas. The N.T.C. is needing to raise $167,000 for this project. The participation of $3,840.00 is calculated by the N.T.C. on the City's pro rata share of the $167,000 based on the esti- mated population of 24,000. The Council and audience viewed a film on the Superconducting Super Collider. Councilwoman Davis moved the contract with North funds for Farmers Branch Commission in support o project in the amount of out of the General Fund. and all voted "aye". to approve by signing an addendum to Texas Commission and appropriate the to participate with the North Texas E the Superconducting Super Collider $3,840.00 and that the amount come Councilman Blair seconded the motion Richard Escalante, City Manager, stated that such a project would create many jobs and would bring in the leading scientists from around the world. At the present time the largest superconducting super collider is located in Illinois. The competition is very tough so it is necessary that the governments and the business communities join together in a effort to attract this project to Texas. Councilwoman Calla Davis said the citizens' support will be needed when the time comes to vote for such a project to be brought into Texas. C.7 CONSIDER ADOPTING RESOLUTION NO. 87-029 APPROVING CHANGE ORDER NO. 2 TO THE CONSTRUCTION CONTRACT FOR Vol. 53, Page 32. VALWOOD PARKWAY AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that the reconstruction of Valwood Parkway from I.H.35E to Josey Lane is Project ST-25 of the Bond Program. The construction contract for the subject project was awarded to Uvalde Construction Company in the amount of $1,365,582.03. During the construction of the sanitary sewer relocation by the bridge and as provided in Change Order No.1, the existing 12" sewer line in Cooks Creek is deteriorated and overloaded to the extent that any activity along the line causes "blowouts". Approximately 465 linear feet of 12" line needs to be replaced with 21" line. Change Order No. 2 is in the amount of $ 73,160 and negates Change Order No. 1. Funding would be from the General Fund. The City Engineer and the Director of Utilities recommends adoption of Resolution No. 87-029 to approve Change Order No. 2. Jerry Murawski, City Engineer, came forward and explained what prompted this Change Order No. 2. This change order would nullify Change Order No. 1 which was brought before the Council two weeks ago. Councilman Blair moved to delete Change Order No. 1 in the amount of $19,960 and approve Change Order No. 2 in the amount of $73,160 to rehabilitate the sewer line located in Cooks Creek by adoption of Resolution No. 87-029. Councilman Weidinger seconded the motion and all voted "aye". D.1 CONSIDER ORDINANCE NO. 1717 REGULATING DANGEROUS ANIMALS WITHIN THE CITY AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that a Committee was appointed on July 20, 1987, to study the ways and means of controlling dangerous animals within the City, and to prepare regulations to protect citizens from these dangerous animals. The Committee was present to make its report and recommenda- tions. Frank Shor, Chairman of the Committee on Dangerous Animals, came forward to present the committee's report and recommendations. Mr. Shor stated he feels the ordinance the committee submitted to the staff is a very fair ordinance both for the animal owner and for the citizen who is concerned about danger. Mayor Dodd read a letter from the committee stating the committee was charged with the objective to recommend an enforceable vicious animal ordinance that is to be approved by Vol. 53, Page 33. the City Council. The ordinance is to be presented to the Council at the August 17 Council meeting. Mayor Dodd explained that the number one consideration that the committee was charged with was the prevention of a vicious attack. Other considerations were (2) place the responsibility of the animal's actions on the owner or keeper of the animal; (3) there is to be registration of all animals; (4) a penalty of noncompliance would be placed upon the owner or keeper, (5) monitoring of vicious animals, (6) additional requirements such as confinement, muzzle or leash. Councilman Dunagan stated he feels pit bull dogs should be banned from residential neighborhoods. Councilman Dunagan stated he feels the ordinance should be tightened up the ordinance and make it a little more functional. He stated he feels the next time a Citizen's Survey is sent out it should ask if the citizen would like to see pit bull dogs banned in the city. 1 L Mayor Dodd asked Mr. Shor how the ordinance described a vicious animal. Mr. Shor stated that whether or not an animal is considered dangerous would be left up to the animal control officer. Councilwoman Davis states she feels the ordinance should state that if a vicious animal complaint is received, the animal control officer should be able to pick that animal up and confine it while the process is taking place to consider whether or not the animal is vicious. She feels the complaint should be able to be handled by a telephone call and not necessarily by a written complaint. Councilman Blair stated it may be possible to use the idea of having a small board to hear these cases and act as a go-between to act between the animal control officer and the court. Possibly a number of the cases could be handled prior to going to court. Councilman Weidinger stated he has a real problem with the idea that an unidentified individual can make a complaint about someone's dog and the animal control officer can came over and remove the dog from the owner. He also feels that it would be too much of a risk to have a few citizens make up a board that might be held liable if the wrong accusations were made regarding someone's animal. Bob David, representing Hutchison, Price, Boyle and Brooks, came forward and listed the points addressed by the City Council at the Study Session as follows: 1. The Council expressed a desire to put a provision into the ordinance that would prevent the owner of the dog from simply refusing to cooperate with the animal control officer. Mr. Vol. 53, Page 34. David stated that it was discussed in the Study Session that if an animal was found running loose and it was found to be of a dangerous nature, the animal would not be turned back into the community but the animal control division would keep the dog and the due process would be implemented. However, if an animal control officer found an animal that was obviously dangerous the animal control officer would have the power to immediately impound the animal. C 2. The Council this afternoon felt that it was not necessary for there to be a sworn complaint, that even an anonymous complaint could be turned in. 3. Once an animal is found to be dangerous, special enclosure requirements will have to be imposed upon the owner to keep the animal at his home. One requirement would be the building of an enclosure described as a structure with secure sides imbedded in concrete with a secure top attached to the sides and shall be no closer than four feet from any property line. The Council asked today to add something that would make the closure child proof. If an animal is found running loose and is deemed dangerous or if an animal is investigated and found dangerous, that animal is to remain impounded until the enclosure is in place, providing the animal is ultimately found to be a dangerous animal by the Animal Control Authority. 4. The ordinance provided by the committee called for a $10 annual registration fee for an animal found to be a dangerous animal. It was the consensus of the Council that the fee should be $25 annual fee rather than $10. 5. The Animal Control Authority as defined by the committee would be made up of five members, all of whom would be residents of Farmers Branch and would be appointed by the City Council. Four of those people would be people knowledgeable of animals and the fifth would be a veterinarian. It was the consensus of the Council today at their Study Session that it could be any five people selected by the City Council, not necessarily a veterinarian or people knowledgeable of animals. 6. There was a regulation in the original ordinance, up to the second draft, banning training animals for fighting and other anti-social behavior. The committee had eliminated that because it appeared to be duplicative of state statutes. The Council asked that that be put back in. 7. An earlier draft of the ordinance had also included a provision making it clear that it was the responsibility of the animal control officer to enforce this ordinance. The committee had removed it due to it seeming self-explanatory. The Council asked that that be put back in. Mr. Shor stated that the reason the committee dropped that provision was Vol. 53, Page 35. because it sounded like only the animal control officer could pick up a dangerous animal and the committee wanted any police officer to be able to pick up a dangerous animal. 8. There was a provision in one of the earlier drafts of the ordinance that spelled out the power of the authority to impound an animal if the owner was in violation of this ordinance because it seemed to be redundant as it seemed to be covered elsewhere in the ordinance. Councilman Blair stated he does not feel it is the consensus of the Council to ban any breed of animal by name from the City of Farmers Branch. He stated he feels the committee did a very good job defining a dangerous animal and not holding it to any one breed or banning any animal from the City unless ultimately deemed dangerous. Virginia Kobler, 105 South Main, Keller, Texas, came forward as a member of the committee and expressed her appreciation for the Council's attempts to work through this problem. Dr. Delbert A. Walters, 14021 Denton Drive, came forward speaking as a committee member and asking the Council to consider all aspects of the vicious animal problem before making their decision. Councilman Weidinger again stated that he, along with Councilman Dunagan, did not see the need of the Animal Control Authority but rather to leave it in the hands of the Animal Control Officer. Councilman Weidinger feels there would be a real problem created in trying to decide who would be qualified to serve on that authority. Mayor Dodd stated he feels it is so important to have that committee or authority there made up of peers of the community as a friend of the court aspect. Councilman Dunagan moved that the ordinance not contain an Animal Control Authority. Councilman Weidinger seconded the motion with Councilman Weidinger, Councilman Dunagan and Councilman Phelps voting "aye" and Councilman Blair and Councilwoman Davis voting "nay". The vote passes 3 to 2. Councilman Weidinger moved to have the City Attorney draft an ordinance as per recommendations by the Vicious Animal Control Committee excluding the provision to have an Animal Control Authority. Councilwoman Davis seconded the motion and all voted "aye". Councilwoman Davis moved to have the City Staff recommend stricter leash laws in regard to fines for first and second offense and these recommendations be brought before the Vol. 53, Page 36. City Council. Councilman Phelps seconded the motion and all voted "aye". MAYOR DODD ANNOUNCED THE CITY COUNCIL WILL BE GOING INTO THE BUDGET RETREAT and another item which would be discussed is an ordinance for the total registration of dogs and cats in the city limits of Farmers Branch to help identify vicious animals, help determine identification of lost animals, and to help control epidemics. Dr. Walters stated that if the Council has an idea that the veterinarians in town would be the ones to register the animals, he does not want to do that, speaking as one of the two veterinarians in town. Councilman Dunagan stated he is for registration of the animals telling who the owner is and where the animal lives. Councilwoman Davis moved to have staff come before the City Council with recommendations for registration of animals within the city of Farmers Branch. Councilman Dunagan seconded the motion and all voted "aye". D.2 CONSIDER ADOPTING ORDINANCE NO. 1714 THAT AMENDS ORDINANCE NO. 1710 RELATING TO SEXUALLY ORIENTED BUSINESSES. Mayor Dodd explained that the proposed ordinance amendment has been prepared by the City Attorney. City Attorney, John Boyle, explained the new amendment and the need for the amendment and recommended its passage. Councilman Phelps moved to approve ordinance No. 1714, as captioned below, as per the City Attorney's recommendation to amend ordinance No. 1710. Councilman Blair seconded the motion and all voted "aye". "AN ORDINANCE OF THE CITY OF FARMERS BRANCH AMENDING CHAPTER 22.1 OF THE FARMERS BRANCH CODE OF ORDINANCES RELATING TO SEXUALLY ORIENTED BUSINESSES; BY AMENDING SECTION 22.1-12 RELATING TO THE TRANSFER OF LICENSES; BY AMENDING SECTION 22.1-14(e) RELATING TO EXEMPTION FROM LOCATION RESTRICTIONS; BY AMENDING SECTIONS 22.1-21(a) AND (c) RELATING TO ENFORCEMENT BY PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)FOR THE VIOLATION OF SECTION 22.1-13 OF THE CODE OF ORDINANCES AND PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR VIOLATION OF ANY OTHER SECTION OF CHAPTER 22.1 AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING Vol. 53, Page 37. OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING THAT A VIOLATION OF SECTION 22.1-4(a) OR 22.1-13 OF THE CODE SHALL CONSTITUTE A CLASS B MISDEMEANOR; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE." D.3 CONSIDER ORDINANCE NO. 1718 RELATING TO DEFENSIVE DRIVING FEES AND TAKE THE APPROPRIATE ACTION. Mayor Dodd explained that enabling legislation passed by the last legislature authorizes the City to collect a ten dollar ($10.00) non-refundable fee each time a person requests to take a Defensive Driving Course for the purpose of having the charge dismissed after the successful completion of the course. This fee is to recover the costs incurred by the City to process the request. Legislation to become effective September 1, 1987. Municipal Court recommends approval of this ordinance. Councilman Weidinger moved to approve the below captioned Ordinance No. 1718 relating to defensive driving course non-refundable fee of $10.00. Councilwoman Davis seconded the motion and all voted "aye". "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, TEXAS BY ADDING A NEW SECTION 17 1/2-4 RELATING TO DEFENSIVE DRIVING FEES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE." D.4 CONSIDER AUTHORIZING THE CITY MANAGER TO MOBILIZE CITY FORCES TO PROTECT AND PRESERVE VALLEY VIEW LANE ALONG LOT 23, BLOCK D, BROOKHAVEN ESTATES NO. 14 ALLOCATE FUNDS. AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that the collapsed dam along Farmers Branch Creek, owned by Charles W. Strieff has propagated the erosion along Valley View Lane to the extent that immediate action is necessary to stop the imminent cave-in of the street. Initial notification of the problem, and associated reponsi- bilities were given to Mr. Strieff on September 22, 1986. Mr.Strieff, his attorney, his lender and the bankruptcy judge were notified of our proposed action on August 11, 1987. The cost to the City is estimated at $27,300. The property owner will be invoiced for the work performed. Until re- imbursement is made, supplemental funding must be provided to the Public Works Department in the amount of $10,000. Vol. 53, Page 38. The City Engineer and the Public Works Director, both profes- sional engineers recommend that corrective action be taken immediately to protect and preserve Valley View Lane. Councilman Blair recounted the history behind this item. Jerry Murawski, City Engineer came forward and stated that he feels this manner of correcting the problem would be the most effective. Councilman Blair moved to authorize the City Manager to mobilize city forces to protect and preserve Valley View Lane along Lot 23, Block D. Brookhaven Estates No. 14, and allocate funds in the amount of $10,000 from the General Fund and instructed the City Attorney to take actions necessary against the property owner. Councilman Weidinger seconded the motion and all voted "aye". D.5 CONSIDER AWARDING THE BID ON EROSION CONTROL IMPROVE- MENTS FOR RAWHIDE CREEK IN ORAN GOOD PARK AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that erosion control improvements for Rawhide Creek in Oran Good Park consists of gabion treatments from Valley View Lane to Tom Field Road, construction of a dam and drainage system for proposed parking lots. Six bids were received on Monday, August 10, 1987. The low bidder was Craig Oldan, Inc. with a bid of $432,544.60 in 130 calendar days. A proposal for material testing on this project has been received from Maxim Engineers, Inc. in the amount of $ 978.00. Amount available to this project is $ 599,206.41. The project is a bond project. The City Engineer recommends that the bid on erosion control improvements for Rawhide Creek in Oran Good Park be awarded to Craig Oldan, Inc. Construction Company for a total of $432,544.60; and that a testing Services Agreement be executed with Maxim Engineers Inc. for a total of $978.00. Councilwoman Davis asked if this company had done business with the City before. Jerry Murawski, City Engineer, came forward stating that they have done work for the City before and they are also going to be working on the Brookhaven Club Drive drainage improvement project. Councilwoman Davis asked Jerry Murawski if any thought had been given to installing a pump to keep the water level up in the creek at one end where the creek gets dry. He said they are looking into the idea. Vol. 53, Page 39. Councilman Phelps moved to award the bid on erosion control improvements for Rawhide Creek in Oran Good Park to Craig Oldan, Inc. with a bid of $432,544.60 and the amount coming out of the Bond Funds. Councilman Weidinger seconded the motion and all voted "aye". D.6 CONSIDER AWARDING A BID FOR JANITORIAL SERVICES FOR CITY BUILDINGS AND TAKE THE APPROPRIATE ACTION. Mayor Dodd explained that the City has terminated the services of the present janitorial company with an effective date of August 31, 1987. Five bids for a 13 month contract were received by the City at 13000 Wm. Dodson Parkway prior to 10:00 a.m. on July 31, 1987. The Building Maintenance Division recommends awarding the bid to the low bidder, PJ's Office Maintenance in Grand Prairie, Texas in the amount of $66,895.00 for 13 months. This amount will be allocated from the General Fund. The award to PJ's Office Maintenance will result in a $20,894.00 savings over a 13 month period. Phyllis Blankenship of PJ's Office Maintenance came forward to express her desire to do a good job for the City. Councilman Dunagan moved to award the bid for janitorial services for the City buildings to PJ's Office Maintenance in the amount of $66,895.00 for 13 months to be funded out of the General Fund. Councilwoman Davis seconded the motion and all voted "aye". D.7 CONSIDER COUNCIL TRAVEL REQUESTS AND TAKE THE APPROPRIATE ACTION. 1. LEGISLATIVE ISSUES IN AUSTIN. Mayor Dodd explained that this item is placed on the agenda for Council discussion and consideration. There were no travel requests for consideration. D.8 CITIZEN PARTICIPATION. No one wished to speak. E.1 EXECUTIVE SESSION. a. DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTING DART BOARD REPRESENTATIVE FOR THE CITY OF FARMERS BRANCH. 2. DISCUSS APPOINTMENT TO THE LIBRARY BOARD. THE COUNCIL RECONVENED INTO GENERAL SESSION Vol. 53, Page 40. Councilman Weidinger moved to appoint Donna Milton to serve on the Library Board. Councilman Blair seconded the motion and all voted "aye". F.1 ADJOURNMENT. A motion by Councilman Phelps, a second by Councilman Weidinger, all voting "aye" adjourned the City Council Meeting of August 17, 1987 at 10:15 P.M. r John City secretary Vol. 53, Page 41.