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1987-09-14 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 09/14/87 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 Richard L. Escalante Assistant City Manager Steve Carpenter Assistant City Manager Gene Carlton City Attorney John Boyle City Secretary Ruth Ann Parish Director of Community Services Tom Scales Director of Public Works Earl Deland Traffic Engineer Larry Cervenka City Engineer Jerry Murawski Director of Parks & Recreation John Burke Mayor Dodd called the City Council Meeting of 09/14/87 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 ACCEPTANCE OF DONATION FROM MRS. JANE MORENO FOR A HAND-MADE DOLL, SIMILAR TO THOSE OF THE 1800'S, FOR THE HISTORICAL PARK. Mrs. Jane Moreno, of Farmers Branch, would like to donate a hand-made doll, similar to those of the 1800's, to be used in the interpretive tours at the Historical Park. The estimated value of the doll is $35.00. Vol. 53, Page 44. The Parks & Recreation Department recommended the City Council accept the donation of a hand-made doll for the Historical Park. John Burke, Director of Parks and Recreation, came forward to make the presentation. Councilman Phelps moved to accept the donation of the hand-made doll from Mrs. Jane Moreno. Councilman Dunagan seconded the motion and all voted "aye". PRESENTATION OF SERVICE AWARDS A. 3a Mayor Dodd presented William R. Colwell of the Fire Department with a 10-year employee service award. A.3b Nicholas R. Acosta of the Public Works Department was not present to receive his service award. A.4 RECOGNITION OF TOMMY LONGSHORE FOR 2ND PLACE IN THE ROLL-OFF DRIVER DIVISION OF THE GOVERNMENTAL REFUSE COLLECTION AND DISPOSAL ASSOCIATIONS INTERNATIONAL ROAD-E-0 CHAMPIONSHIP. Mayor Dodd explained that Tommy Longshore, Driver III in the Sanitation Department represented the Texas Lone Star Chapter of the Governmental Refuse Collection and Disposal Association (GRCDA) and competed in the International Road-E-0 in St. Paul Minnesota on August 10, 1987 Mr. Longshore, again demonstrated his skills in the "Roll-Off Driver Division" by bringing home second place. He scored 378 points out of a possible 500 total and was only 4 points away from claiming 1st place. Mayor Dodd went on to explain that the City is very proud of his accomplishments and feel that it reflects most favorably on the efforts of the Sanitation Department and the City. Tommy Longshore came forward along with Charlie Jordan, Sanitation Superintendent and Earl Deland, Director of Public Works. Mayor Dodd congratulated Tommy Longshore for having received this award. A.5 PRESENTATION OF SANITARY LANDFILL AWARD Mayor Dodd explained that the Governmental Refuse Collection and Disposal Association (GRCDA), an international organization of solid waste professionals, recently honored Vol. 53, Page 45. the City's Camelot Sanitary Landfill through it's New Image Program. The Program is committed to improving the image of sanitary landfills by recognizing those disposal sites which achieve the purposes of sound solid waste management principals. A total of twenty four (24) public and privately owned landfills from across the United States and Canada participated in the competition. The City's Camelot site received the 1987 Meritorious Achievement Award. It is noted that our facility was the only municipality owned and operated disposal site to be so recognized by the organization Our Sanitation Superintendent, Mr. Charlie Jordan accepted the award on behalf of the City from GRCDA during the organizations recent annual convention in St. Paul, Minnesota. At this time Mr. Jordan will present the trophy to the City Council. Charlie Jordan, Sanitation Superintendent, came forward and made the presentation of the trophy to the City Council. A.6 PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd explained that this item gives applicants an opportunity to present board applications to the City Council. Carolyn Hunt, 2784 Rollingdale, came forward to present an application to serve as the Farmers Branch representative to the DART Board. When Mayor Dodd asked Ms. Hunt what her profession is, her reply was personnel representative for Moore and Peterson, a major law firm in Dallas. Mayor Dodd asked Ms. Hunt how long she has been a resident of Farmers Branch and she replied 18 years. Councilman Blair asked Ms. Hunt if she had talked with Bob Thomas to find out the time involved in serving on the DART Board. She stated she had talked with Bob Thomas and feels the time involved is manageable. Nancy Hardie, 2731 Bay Meadow Circle, came forward applying for the DART Board representative position submitting her resume and application. When Mayor Dodd asked Ms. Hardie how long she has lived in Farmers Branch, her reply was 15 years. Ms. Hardie stated she was aware of the time it would take to be involved. Ms. Hardie had served on the Forward Farmers Branch Task Force (Goals for Farmers Branch) and Focus Farmers Branch advisory Board (Leadership program). Vol. 53, Page 46. Berry Grubbs, 13460 Briarbrook, came forward to present his application for the DART Board representative. Mayor Dodd asked Mr. Grubbs what experience he has had with mass transit. Mr. Grubbs stated his profession as civil engineer gives him an knowledge of the general infrastructure involved in transportation, highways, bridges and so forth. Also he was a resident of Houston during the formative years of the metro system there and he followed very carefully the ups and downs of that system and he sees some of the same patterns with our DART system here. Mayor Dodd asked Mr. Grubbs how long he has lived in the City and he stated 2 years. Councilman Blair asked Mr. Grubbs if he has been in contact with Bob Thomas and if he realizes how much time is involved in service on the DART Board. Mr. Grubbs feels the people in his firm in management positions would allow him to be able to allow as much time as necessary to see that our area is fairly represented on the DART Board. Councilman Blair asked Mr. Grubbs if his service on the DART Board would be a conflict of interest due to the fact that his engineering firm has several proposals in to DART. Mr. Grubbs stated he has talked with John Boyle's office and was informed that the basic area of conflict would be with DART work. Mr. Grubbs stated that his firm would be willing to withdraw their proposals with DART as these are not major projects. John Boyle's office did not feel that Mr. Grubb's firm's work with the City and County of Dallas would be a conflict. Mayor Dodd announced that G an application to serve as to the DART Board. Mayor Dodd stated that representative for the DART Executive Session portion council meeting. Duncilwoman Dingman has also put in the Farmers Branch representative filling the position as the Board would be discussed in the of the meeting after the City CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. ITEMS B.1 THROUGH B.2. 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 Vol. 53, Page 47. established in order to speed up discussion for those items that need more time for discussion. Councilman Phelps moved to add Items C.6 and D.7 to the Consent Agenda items. Councilman Blair seconded the motion and all voted "aye". Councilman Phelps moved to accept the Consent Agenda items as amended. Councilman Blair seconded the motion and all voted "aye". B.1 APPROVED MINUTES OF REGULAR MEETING OF AUGUST 17, 1987. B.2 APPROVED MINUTES OF SPECIAL COUNCIL MEETING OF AUGUST 31, 1987. C.6 APPROVED ORDINANCE NO. 1722 DESIGNATING SCHOOL SPEED ZONES ON RIDGEOAK WAY AND JOSEY LANE. D.7 APPROVED AWARDING THE BID FOR TWO SOLID STATE TRAFFIC COUNTERS TO STREETER RICHARDSON IN THE AMOUNT OF $3,863.00. 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. MAYOR DODD PROCLAIMED September 17 - 26, 1987 as "Constitution Week" in the City of Farmers Branch. Mayor Dodd also proclaimed November 9, 1987 as "Student Government Day" as requested by the government class of R. L. Turner High School. Mayor Dodd explained the activities leading up to "Student Government Day", election of students to fill City Council positions and Mayoral position as well as appointments to positions of City Staff. Mayor Dodd explained that this is the City's way of helping students understand the Constitution and the workings of city government. C.2 PUBLIC HEARING: CONSIDER REQUEST OF DAVID L. WRIGHT FOR A SPECIFIC USE PERMIT FOR A ROOF MOUNTED SATELLITE ANTENNA TO BE LOCATED AT 4851 LBJ FREEWAY IN THE PLANNED DEVELOPMENT 39 ZONING DISTRICT. Mayor Dodd explained that David L. Wright is requesting a Specific Use Permit to locate a six-foot diameter, roof mounted antenna on top of the Digital Building at 4851 LBJ Freeway. Ordinance 1624 (Satellite Antenna Regulations) Vol. 53, Page 48. requires a Specific Use Permit be obtained for roof mounted antennas in excess of 30 inches in diameter. The Planning and Zoning Commission, by a 5 to 1 vote, recommended the Specific Use Permit be approved. Mayor Dodd opened the Public Hearing. David Wright, 1705 Surry Court, Garland, came forward requesting a Specific Use Permit for the installation of a satellite antenna on top of the building at 4851 LBJ. Seeing that no one was to come forward to speak on this item, Councilman Blair moved to close the Public Hearing. Councilman Weidinger seconded the motion and all voted "aye". Councilman Blair asked how the antenna would be screened from view. Mr. Wright described the placement of the antenna on the roof and the visibility from LBJ and the tollway. Tom Scales, Director of Community Services, came forward and stated that it would be very difficult to see the antenna except the eastbound traffic which would have a very few seconds viewing time of the antenna while traveling at 55 miles per hour. Mr. Wright stated he would be willing to paint the antenna the same color as the building and would accept that as part of the motion. Councilman Blair moved to approve the request of David L. Wright for a Specific Use Permit for a roof mounted satellite antenna to be located at 4851 LBJ Freeway in the Planned Development 39 Zoning District by adopting the following captioned Ordinance No. 1723 with the amendment that the antenna would be painted to blend with the color of the building with staff approval. Councilman Phelps seconded the motion and all voted "aye". "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR A SATELLITE ANTENNA DISH TO BE MOUNTED ON THE ROOFTOP OF THE BUILDING LOCATED AT 4851 LBJ FREEWAY IN THE PLANNED DEVELOPMENT 39 (PD-39) ZONING DISTRICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY." Vol. 53, Page 49. C.3 CONSIDER REQUEST BY ALLIED TAXI SERVICE FOR TAXI FRANCHISE IN THE CITY OF FARMERS BRANCH AND TAKE THE APPROPRIATE ACTION. Mayor Dodd explained that Forest Warren, General Manager of Allied Taxi Service, wishes to present a request for a taxi franchise in the City of Farmers Branch. Ordinance No. 1401 regulates the operation of taxi cabs in the city. Mayor Dodd stated that during the Study Session the City Council expressed a desire to have staff gather further information and take this item up at the next City Council meeting September 21, 1987. The staff is to check out Allied Taxi Service's credentials. Forest Warren stated he would be present at the next Council meeting to answer any questions. Councilman Dunagan moved to table this item until the September 21, 1987 City Council meeting. Councilman Blair seconded the motion and all voted "aye". C.4 CONSIDER ORDINANCE NO. 1724 PROHIBITING FISHING FROM AND LOITERING ON THE PEBBLE BEACH BRIDGE ACROSS RAWHIDE CREEK LOCATED BETWEEN VALLEY HI CIRCLE AND DORADO BEACH AND TAKE THE APPROPRIATE ACTION. Mayor Dodd explained that several residents of the Pebble Beach, Valley Hi Circle area have submitted a petition to the City. The petition requests that "NO FISHING OR LOITERING" signs be placed on both sides of the Pebble Beach Bridge that is located between Valley Hi Circle and Dorado Beach. Daphene Wright, 14373 Valley Hi, came forward expressing that when people are fishing at the creek, they throw trash in her yard and kill the ducks. Ms. Wright presented a petition to the City Council with 32 names on it of residents in the area who support Ms. Wright's request to prohibit fishing from the bridge. Councilman Dunagan asked the staff if signs could be put up combining "No Parking" and "No Fishing" to use the same pole and still get the message across. City Manager Richard Escalante checked with the City Attorney and was told there is no legal problem with placing both signs on the same pole. Mr. Escalante stated the Traffic Engineering Department would create these signs. Vol. 53, Page 50. Councilman Phelps moved to approve the following captioned Ordinance No. 1724 prohibiting fishing from and loitering on the Pebble Beach Bridge across Rawhide Creek located between Valley Hi Circle and Dorado Beach. Councilwoman Davis seconded the motion and all voted "aye". "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROHIBITING, AT ANY TIME, FISHING FROM AND LOITERING ON THE BRIDGE ACROSS RAWHIDE CREEK LOCATED ON PEBBLE BEACH BETWEEN VALLEY HI CIRCLE AND DORADO BEACH; AUTHORIZING THE POSTING OF SIGNS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY." C.5 CONSIDER REQUEST TO SET A 20 M.P.H. SPEED LIMIT ON OLD NORTH ROAD BETWEEN THE 2900 AND 3000 BLOCK AND TAKE THE APPROPRIATE ACTION. Mayor Dodd explained that this item has been placed on the agenda at the request of Jim Potts, 2917 Old North Road. Jim Potts, 2917 Old North Road, came forward requesting the 20 M.P.H. speed limit on Old North Road between the 2900 and 3000 Block and presented a petition from the homeowners and residents there. Mr. Potts expressed a concern about the gathering of teenagers loitering and drinking in the park across from his residence. As far as he knows, the park does not have a name. Councilman Blair asked if the staff has had a chance to review this request. City Manager Richari that close patrol that advisory signs Gary Sample, 3030 patrol. He stated day. 3 Escalante stated that he has been advised has been started in this specific area and have been put up. Old North, stated there has not been close he is unemployed and is there 24 hours per Mayor Dodd requested that this item be placed on the September 21, 1987 Council meeting agenda to give the staff time to gather more information. Mr. Sample stated that one idea that has been suggested is to place a stop sign at the corner of Joanna and Old North. He feels that would just give the fast drivers another point to blast out of. He suggested possibly putting speed bumps in to slow the traffic down before it gets to the park. Vol. 53, Page 51. 1 LJ Mr. Samples asked that until the September 21 meeting that the police get out to the area and closely patrol the area, mainly in the evening between 6:00 P.M. and 3:00 A.M. Mr. Potts asked that the Traffic Engineering Department bypass the traffic engineering study. Steve Carpenter, Assistant City Manager, came forward and stated that he and Larry Cervenka decided not to put up the advisory speed limit signs as they are unenforceable. Mr. Carpenter stated that an ordinance would have to be passed setting the speed limit at 20 M.P.H. by the City Council, and that he will check the records to see the frequency of the patrol cars checking the area. Mayor Dodd stated that the City Council does not have the necessary ordinance before them, and he will request that the City Attorney draft an ordinance to take care of this particular request. Councilwoman Davis stated she would like to see the situation studied. City Manager Richard Escalante stated that the caution sign at the park indicating children are at play is in place and the study is being done. The City Attorney will prepare an appropriate ordinance and this will be brought before the Council at the September 21, 1987 meeting. Until that time the current law will be enforced and watched more closely. Vernon Smith, 2715 Bay Meadow Circle, came forward to suggest that if this one area is made 20 M.P.H. the entire street should be made 20 M.P.H. Cheryl Howerton, 3657 Morningstar Circle, came forward to recommend stop signs. Councilman Blair moved to have City Attorney draw up an ordinance to set the speed limit at 20 MPH on Old North Road between the 2900 and 3000 block and to place a stop sign at Old North Road and Joanna and possibly at Old North Road and Queens Chapel if a traffic study deems one necessary. Councilman Dunagan seconded the motion and all voted "aye". C.6 Consent Item D.1 CONSIDER RESOLUTION SUPPORTING THE APPOINTMENT OF KENT HANCE TO THE TEXAS RAILROAD COMMISSION AND TAKE THE APPROPRIATE ACTION. Mayor Dodd explained that this item has been placed on the agenda at the request of Councilwoman Davis. Vol. 53, Page 52. Councilwoman Davis moved to have the staff draft a letter of congratulations to Kent Hance for his appointment to the Texas Railroad Commission and a resolution drawn up to support deregulation of intrastate trucking. Councilman Blair seconded the motion and all voted "aye". D.2 CONSIDER ORDINANCE NO. 1717 REGULATING DANGEROUS ANIMALS AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that during the council meeting of August 17, 1987, the Council directed the City Attorney to make certain changes in the ordinance regulating dangerous animals which was proposed by the Dangerous Animal Committee. Ordinance 1717 contains these revisions: 1. The revisions eliminate the citizens review board. 2. Provides for a hearing before Municipal Court at the request of a dangerous animal owner. 3. Adds provisions that would enable the City to immediately impound an animal it considers dangerous. 4. Prohibits anti-social training of animals. The Community Services Department recommends that Ordinance No. 1717 be adopted. John Boyle, City Attorney, reviewed the changes made to the ordinance as discussed in the Study Session earlier this date. Councilman Dunagan stated that with all the ordinances dealing with animals, you have to determine who the owner of the animal is in order to enforce the ordinance. If an animal control officer went to a house and no one at the house would claim ownership of the animal then the animal control officer would have the right to confiscate the animal. Tom Scales, Director of Community Services, came forward and outlined the provision of proposed Ordinance No. 1717. He stated that this document would allow the animal control officer to more easily impound a dangerous animal. Tom Scales stated that once an animal is found dangerous, one of the things the owner has to do is furnish proof of liability insurance to the City in the amount of $100,000. the policy has to show the City as co-insurer within 10 days after the animal has been determined a dangerous animal. Councilman Weidinger read a memo from Tom McDougald of the Community Service Office to Tom Scales written on July 31, 1987, regarding vicious animal hearings in the City of Farmers Branch. Councilman Weidinger stated that there have been only five vicious dog hearings in Farmers Branch since 1982. Vernon Smith, 2715 Bay Meadow Circle, asked how much money has been spent on this issue on attorney's fees and staff time and Vol. 53, Page 53. how much time has been spent by the City Council. He expressed his opposition to proposed Ordinance 1717. Tammy Higgins, 2812 Lineville Drive, came forward to ask if her pit bull was going to be banned from the City of Farmers Branch. Mayor Dodd explained that the city council is not banning a particular breed of dog from the City. Diane Davis from Carrollton came forward to thank Farmers Branch for taking the initiative to start this control of vicious animals. Councilman Weidinger asked what "known propensity" means in Page 3 of the Ordinance under Section 6-65 Definitions. The City Attorney stated that this requires the party making the complaint to have actual knowledge of this particular animal's tendencies and disposition based upon prior facts. Councilman Weidinger asked what would happen if the liability insurance as referred to in Section 6-68 was not available. The City Attorney stated that during the 10-day period the individual has to insure the animal, if the owner faces difficulty insuring the animal this particular problem can be brought before the Municipal Court Judge or the City Council. Councilman Weidinger asked the City Attorney if he feels this ordinance is defendable as far as being Constitutional. The City Attorney stated that facially he believes the ordinance is valid. Councilwoman Davis asked the City Manager if the City receives anonymous caller's complaints and the City investigates those complaints. City Manager Richard Escalante stated that often the City receives calls or Tele-the-City messages from people who sometimes leave their names and sometimes do not leave there names. In any case if it is a complaint and if the complaint involves a code violation that complaint is turned over to the enforcing officer who would investigate the matter. Councilman Blair asked the City Attorney if it would be to the City's advantage to have the name of the person making the complaint if this matter reached the court. The City Attorney stated the City's advantage would be to have a witness. The officer going out may or may not see actions of a nature that prompted the complaint. Richard Escalante stated that the complainant may not have to come forward but often witnesses will be required to come Vol. 53, Page 54. forward and often that would be the complainant. He stated that in a case like this the City will probably have to advise the citizens that unless people are willing to come forward and assist the City that it may be difficult to enforce this code without the citizen's assistance. Dr. Dale Walters, 14021 Denton Drive, came forward and questioned that an anonymous phone call complaint would allow the City to impound the animal until further investigation. City Manager Richard Escalante stated that the animal control officer would have to determine the animal dangerous prior to impounding the animal. The animal control officer would only be responding to the call. Dr. Walters asked the City Manager where in the ordinance is stated what the due process of the law would be after the animal is impounded. John Boyle, City Attorney, stated the ordinance states the owner of the impounded animal would be entitled to a hearing before the Municipal Court Judge. The City Attorney stated that a violation of this ordinance would not give an Animal Control officer the authorization to go onto private property and take an animal where a search warrant would be required. City Manager Richard Escalante stated that the seizure of an animal would not going to be exercised except in the rarest of circumstances. Councilman Dunagan moved to approve the Ordinance No. 1717 regulating vicious changes in the ordinance that have been Attorney. Councilwoman Davis seconded the Dunagan, Councilman Phelps, Councilman Bl; Davis voted "aye". Councilman Weidinger motion passed 4 to 1. following captioned animals with the revised by the City motion. Councilman air and Councilwoman voted "nay". The AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, TEXAS, BY ADDING TO CHAPTER 6, ENTITLED "ANIMALS AND FOWL", A NEW ARTICLE IV, TO BE ENTITLED "DANGEROUS ANIMALS", WHICH NEW ARTICLE SHALL REGULATE DANGEROUS ANIMALS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR DEFINITIONS; PROVIDING FOR MAINTENANCE AND INSURANCE; PROVIDING FOR MAINTENANCE AND INSURANCE; PROVIDING FOR IDENTIFICATION OF DANGEROUS ANIMALS; PROVIDING FOR A HEARING; PROVID- ING FOR CONTROL AND CONFINEMENT; PROVIDING FOR CONFINEMENT INDOORS; PROVIDING FOR SIGNS; PROVIDING FOR REPORTING REQUIREMENTS; PROVIDING FOR SALE OR Vol. 53, Page 55. TRANSFER OF OWNERSHIP; PROVIDING FOR BURDEN OF PROOF REGARDING IDENTIFICATION; PROHIBITING FIGHTING AND ANTISOCIAL TRAINING; PROVIDING FOR ENFORCEMENT RESPONSIBILITY; PROVIDING FOR PERIODIC REVIEW; PROVIDING FOR IMPOUNDMENT AND REDEMPTION; PROVIDING FOR A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND 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 FOR INJUNCTIVE RELIEF; PROVIDING FOR EXCEPTIONS; PROVID- ING FOR SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. City Attorney John Boyle stated Ordinance No. 1717 would become effective 10 days after publication which would be this week. Councilman Weidinger stated he believes there are a lot of items in the Ordinance that would be questioned as unconstitutional if ever brought to court. He stated that the present Ordinance has been a good one and the Animal Control Officers have done a good job enforcing it since there have only been five incidents. He feels the new ordinance is due to over reaction and the City is opening itself up to litigation. He stated he feels the departments have been doing a good job and the new Ordinance will be putting an unnecessary burden on those departments. D.3 CONSIDER AWARDING BID FOR DIGITIZING CITY PLATS AND AUTHORIZING CITY MANAGER TO ENTER INTO CONTRACT. Mayor Dodd explained that proposals were opened for digitizing of the City of Farmers Branch plats (atlas sheets) on July 14, 1987 at 1:00 PM. Six proposals were received and one bidder Espey Huston & Associates, Inc. declined to respond. Espey Huston & Associates, Inc. indicated that they did not have the personnel nor the time to respond to our proposal due to their heavy involvement in other projects. The lowest bid was received from Donohue Intelligraphics, Inc. in the amount of $89,050 and will take 112 working days to complete. The Data Processing Department (for this years budget 86-87) is budgeted for $150,000 for the digitizing of the city plats. This low bid is $60,950 below budget. The Data Processing Department recommends that the proposal for the digitizing of the city plats be awarded to Donohue Intelli- graphics, Inc. in the amount of $89,050 and that the City Manager, Richard Escalante, be authorized to enter into a contract with Donohue Intellgraphics. Vol. 53, Page 56. After some consideration, a motion by Councilman Blair, a second by Councilman Dunagan, all voting "aye", awarded the proposal to Donohue Intelligraphics in the amount of $89,050.00 for digitizing plats and authorized the City Manager to enter into the contract. D.4 CONSIDER AWARDING BID FOR ONE (1) 1988, FIFTEEN PASSENGER VAN AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that notice was sent to fifteen automobile dealerships. Four vendors bid on the van. Companies submitting bids are as follows: 1. Lone Star Dodge, Inc ...................$17,650.00 2. Rodeo Chrysler 17,869.00 3. Fred Oakley Motors 17,897.00 4. Lee Jarmon Ford 18,976.00 Total amount of low bid is $17,650.00. Total amount budgeted for the passenger van is $19,233.00. The Parks and Recreation Department recommends that the bid be awarded to Lone Star Dodge, Inc. in the amount of $17,650.00. After some consideration, a motion by Councilman Weidinger, a second by Councilman Davis, all voting "aye", awarded the bid for a 1988, fifteen passenger van to Lone Star Dodge, Inc. in the amount of $17,650.00 as recommended by the Parks & Recreation Department. D.5 CONSIDER AWARDING THE BID FOR HOT MIX ASPHALTIC CONCRETE AND HOT MIX COLD LAID MATERIAL FOR THE STREET DIVISION AND THE UTILITY DEPARTMENT. Mayor Dodd explained that bids were received on August 12, 1987, for the annual supply of hot mix asphaltic concrete and hot mix cold laid material for the Street Division and the Utility Department. Three bids were received. The lowest and best bid for hot mix asphaltic concrete was submitted by APAC-Texas, Inc. in the amount of $19.11 per ton for Type D Hot Mix and $18.70 per ton for Type B Hot Mix. Last years unit prices were $19.50 per ton for Type D and $18.50 per ton for Type B Hot Mix. The lowest bid received for hot mix cold laid material was submitted by Vulcan Materials Co. in the amount of $28.00 per ton, and is the same price as last year. Funds are included in the Street Division budget in the amount of $75,000.00 for the purchase of the hot mix asphaltic concrete. The Utility Department budget includes $35,000.00 for the purchase of the hot mix cold laid material. These contracts are unit price contracts and the material will be ordered on an as needed basis. Vol. 53, Page 57. The Public Works Department recommends that the bid for Hot Mix Ashaltic Concrete be awarded to APAC-Texas, Inc. The Utility Department recommends that the bid for Hot Mix Cold Laid Material be awarded to Vulcan Materials Co. After some consideration, a motion by Councilwoman Davis, a second by Councilman Dunagan, all voting "aye", awarded the bid to APAC - Texas, Inc., in the amount of $57,227.50 for hot mix asphaltic concrete and to Vulcan Materials Company in the amount of $28,000.00 for hot mix cold laid materials as recommended by the Public Works Department. D.6 CONSIDER AWARDING THE BID ON DREDGING AND EROSION CONTROL IMPROVEMENTS IN MALLON PARK AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that the Erosion Control Improvements Project on Farmers Branch Creek in Mallon Park consists of silt removal and construction of a milsap retaining wall along the perimeter of the lake and two islands. Five bids were received on Monday, August 31, 1987. The low bidder was Parlay Development Company with a bid of $206,090.00 in 120 calendar days. A proposal for material testing on this project has been received from Maxim Engineers, Inc. in the amount of $2,660.75. The amount available to this project is $305,800.00; however, $50,000 is allocated for irrigation, well, light landscaping and sidewalks. The City Engineer recommends that the bid on the Erosion Control Improvements Project in Mallon Park be awarded to Parlay Development Company in the amount of $206,090.00; and that a testing services agreement be executed with Maxim Engineers, Inc. in the amount of $2,660.75. After some consideration, a motion by Councilwoman Davis, a second by Councilman Phelps, all voting "aye", awarded the bid on the erosion control improvements project in Mallon Park to Parlay Development Company in the amount of $206,090.00; and that a testing services agreement be executed with maxim Engineers, Inc. in the amount of $2,660.75 as recommended by the City Engineer. Ms. Lynette Bradburn, 2823 Reedcroft, came forward representing the Farmington Park Lake Association which consists of fifteen families down the creek from Mallon Park. She thanked the City for approving this project and wanted to remind the City that the Engineering Department said the City contractors would work with the association's contractors with their problems at their homes on the lake. Ms. Bradburn asked if silt traps would be considered later for the Mallon Park project since they were not a part of this project. Vol. 53, Page 58. Jerry Murawski, City Engineer, stated the improvement project for Mallon Park is being finalized and there is no definitive time frame or definitive projects but'when the consultants have finalized the study the Engineering Department will be getting back to the City Council and citizens with a complete report. Vernon Smith, 2715 Bay Meadow Circle, came forward asking if the Farmington Park Lake Association will be able to negotiate with the City for assistance with improvements on their property at the same time the improvements are being done at Mallon Park. Jerry Murawski stated the Engineering Department is trying to work out some way the City can give the association some assistance in consultation in negotiations but it would be legally and with the consent of the City Council through the City Manager. Councilman Blair stated he feels the City can help the citizens with consultation and design for improvements on their property to help prevent what happened before when the rains came, the dam broke and the properties flooded. Councilman Dunagan stated he hopes the consultation the City might give to the homeowners could not be used-later against the City in a liability case. D.7 Consent Agenda D.8 CONSIDER COUNCIL TRAVEL REQUESTS AND TAKE THE APPROPRIATE ACTION. 1. LEGISLATIVE ISSUES IN AUSTIN. 2. PARTICIPATION IN RECEIVING AN AWARD FROM THE AIA IN SAN ANTONIO. Mayor Dodd explained that this item is placed on the agenda for Council discussion and consideration. A motion by Councilwoman Davis, a second by Councilman Weidinger, all voting "aye", authorized the expenditure of funds for travel of Council members desiring to go to San Antonio to attend the AIA award dinner whereby the architect for the Library will receive an award; and also authorize the expenditure of funds for a representative from the Library Board to attend. Councilman Blair suggested the portion of this item which refers to Legislative meeting in Austin be alleviated until the Legislative Session begin again. D.9 CITIZEN PARTICIPATION. Vol. 53, Page 59. Vernon Smith, 2715 Bay Meadow Circle, came forward stating that because of the water capacity coming down all the creeks in Farmers Branch, the City is getting a lot of erosion and suggested that the City have an ordinance stating that anyone backing up to a creek in Farmers Branch be required to do erosion control to protect his own property, the parks property and the citizens down the creek. Mr. Smith described erosion control as anything that would prevent dirt from washing on down the creek whether it be rock or whatever. City Attorney John Boyle stated just such an ordinance is being considered as flood plain ordinance with flood control for new developments. Jerry Murawski, City Engineer stated that this ordinance, however, does not provide for anything existing or even when property turns over. Ray Flaherty, 13220 Challaburton, came forward stating he feels the Council and the citizens gave a lot of good consideration to and had a lot of good discussion on item C.5. He also stated he would like to see more consideration being given to City Council travel requests. Seeing that no one else wished to speak during the Citizen Participation portion of the meeting, Mayor Dodd closed the televised portion of the Council meeting. MAYOR DODD ANNOUNCES THAT THE ITEMS ON THE AGENDA OR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS, THE MEETING WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONAL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 EXECUTIVE SESSION. DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTING DART BOARD REPRESENTATIVE FOR THE CITY OF FARMERS BRANCH. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Blair, a second by Councilwoman Davis, all voting "aye", passed a resolution designating Berry R. Grubbs as the representative to the DART Board of Directors Vol. 53, Page 60. representing the Cities of Farmers Branch, Addison, Coppell and Flower Mound. I F.1 ADJOURNMENT. A motion by Councilman Weidinger, a Dunagan, all voting "aye", adjourned City Co cil meeting at 10:14 P.M. M or John Dodd 1,4 ity Secretary second by Councilman the September 14, 1987 Vol. 53, Page 61.