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1988-08-01 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING AUGUST 1, 1988 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Calla Davis Nancy Hardie Jeff Binford Bill Moses Herb Weidinger The following members of the City Administration were present: Acting City Manager Steve Carpenter Assistant City Manager Gene Carlton City Attorney John Boyle City Secretary Ruth Ann Parish Public Information Officer Donna Huerta Director of Community Services Tom Scales City Engineer Jerry Murawski Director of Parks & Recreation John Burke Traffic Engineer Larry Cervenka Chief of Police Roger Robbins Fire Chief Jack Dyer Recording Secretary Elizabeth Nickelson Mayor Blair called the City Council Meeting of August 1, 1988 to order at 7:34 p.m. The meeting was televised. A.1 INVOCATION Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 CONSIDER ACCEPTANCE OF DONATION FROM OXY CHEMICAL COMPANY TO THE FIRE DEPARTMENT. Mayor Blair presented the following information. Oxy Chemical Company, 5005 LBJ Freeway, wishes to donate the following used office equipment to the Fire Department: Vol. 55, Page 123 3-Desks 2-File Cabinets 6-Desk Chairs 6-In/Out Trays 1-Computer Table 6-Trash Cans Mayor Blair recognized Fire Chief Dyer who explained that the furniture had been examined, and would be an asset to the Fire Department. Mayor Blair expressed his appreciation to the Oxy Chemical company for being concerned corporate citizens. A motion by Councilman Binford, a second by Mayor Pro Tem Davis, all voting "aye", accepted the donation from the Oxy Chemical Company, of office furniture to be used within the Fire Department. A motion by Councilman Binford, second by Councilwoman Nancy Hardie, all voting "aye", proclaimed August 9, 1988, "National Night Out" in the City of Farmers Branch. A.3a CONSIDER PROCLAIMING AUGUST 9, 1988, "NATIONAL NIGHT OUT" IN THE CITY OF FARMERS BRANCH. Mayor Blair recognized Chief of Police Robbins who gave a brief presentation explaining the purpose of "National Night Out". The National Town Watch Association is sponsoring a special coast-to-coast community crime prevention project on the evening of August 9, 1988, called "National Night Out". The program involves homeowners nationwide simultaneously turning on outside lights and sitting on their porches and lawns. In Farmers Branch this will be between 8 and 9 p. m. A.3b PRESENTATION BY PEACE CHILD/TEXAS. Mayor Blair recognized Councilwoman Hardie who represented the City at the reception at DFW for the arrival of 15 students from the U.S.S.R. here in the U.S.A. to participate in the musical- production of Peace Child. Councilwoman Hardie recognized Ms. Marian Williams representing the National Peace Child Foundation. Ms. Williams explained to the Council that the purpose of the Peace Child production was to create an awareness of true peace among these exchange students, and offer them an opportunity to relate to students of other cultures. The Southern/American Southern Tour Premier is to be held August 11 at 7:00 p.m. and August 12, at 7:00 and 9:00 p.m., at the Brookhaven College, Theatre Performing Hall, 3939 Valley View Lane. The cost of admission is $6.00 for students, and $8.00 for adults. Vol. 55, Page 124 A.4 PRESENTATION OF SERVICE AWARD Mayor Blair presented an employee service award to the following: Bob Phillips of the Fire Department - 25 year award A.5 PRESENTATION OF BOARD APPLICATIONS. Mayor Blair stated that this item is placed on each agenda to give the citizens an opportunity to present board applications to the City Council. No applications were presented at this time. A.10 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. ITEM B.1 - B.5. Mayor Blair 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 Councilwoman Hardie, a second by Councilman Weidinger, all voting "aye", approved the addition of item D.7 to the Consent Agenda as requested by Mayor Pro Tem Davis. A motion by Councilman Moses, a second by Councilman Weidinger all voting "aye", approved the following consent Items B.1 - B.5, and D.7. B.1 APPROVED THE MINUTES OF COUNCIL MEETING WITH STUDY SESSION OF JULY 18, 1988. B.2 APPROVED THE MINUTES OF COUNCIL MEETING OF JULY 18, 1988. B.3 AUTHORIZED THE CONTINUATION OF THE HEALTH SERVICES AGREEMENT BETWEEN DALLAS COUNTY AND THE CITY OF FARMERS BRANCH. B.4 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1783 WHICH PLACES A STOP SIGN ON SOUTHWEST BOUND QUEENS AT OLD NORTH ROAD. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1381: Vol. 55, Page 125 SPECIFYING THE. PLACEMENT OF A STOP SIGN AT SOUTHWEST BOUND QUEENS CHAPEL ROAD AT OLD NORTH ROAD: REPEALING ALL CONFLICTING ORDINANCES: 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. B.5 ACCEPTED TWO FIRE LANE EASEMENTS AND UTILITY UTILITY EASEMENT AT PARK WEST PHASE III. D.7 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1790 ANNEXING TWO SMALL PARCELS OF LAND FOR THE PURPOSE OF ADJUSTING THE CITY'S BOUNDARY WITH THE CITY OF DALLAS. AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE CITY OF FARMERS BRANCH TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF, IF ANY, SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND TO BE HEREAFTER ADOPTED: PROVIDING FOR AMENDING AND CORRECTING THE OFFICIAL BOUNDARIES OF THE CITY AS HERETO FORE ADOPTED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. C.1 CITY MANAGER REPORTS. Acting City Manager Steve Carpenter gave an informative report, highlighting events in several departments. C.2 PUBLIC HEARING: CONSIDER REQUEST FOR A SPECIFIC USE PERMIT FOR AN AUTOMOTIVE REPAIR FACILITY AT 13300 BRANCHVIEW LANE AND LOCATED WITHIN THE PLANNED DEVELOPMENT NO. 25 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Councilman Weidinger excused himself from the meeting room due to a possible conflict of interest. The appropriate is to be filed with the City Secretary. Mayor Blair opened the public hearing and presented the following information. Mr. W. Brent Thompson is requesting approval to operate an automotive repair facility within a 25,152 square foot building Vol. 55, Page 126 located at 13300 Branchview Lane. The automobile repair facility operation will constitute approximately 18% of the entire building space and will be located to the rear of the building with no frontage on Branchview Lane. Currently there are no tenants within the building, however a building permit has been issued for a dog kennel in the northernmost lease space. A 3/4 favorable vote of the City Council will be required to grant this specific use permit in accordance with the Comprehensive zoning ordinance. Mayor Blair requested a ruling by city Attorney John Boyle, in reference to the 3/4 majority vote with Councilman Weidinger having stepped down. City Attorney Boyle indicated it would still require a 3/4 majority or three of the four remaining voting "aye" for a successful passage. The Planning and Zoning Commission, by unanimous vote, recommends the specific use permit for an automotive repair facility be approved with the following conditions: 1. Outside repairs and storage of equipment be prohibited; and 2. The three overhead doors located on the eastern side of the building must be closed when repairs are being conducted. Mayor Blair recognized the following: 1. W. Brent Thompson, 2755 Valwood, Farmers Branch, Texas, was in favor of the special use permit, however, indicated it was not feasible for his client to comply with restric- tion No. 2 of having door shut during working hours. He indicated there would be a ventilation problem which would be in conflict with the fire code. Mr. Thompson indicat- ed that he has made every effort possible to comply with Ramada Inn's concerns. He further stated that the operat- ing hours will be 8:00 a.m. - 6:00 p.m. Monday through Friday, and that the shop will be closed on weekends. He addressed each of the Ramada's concerns to include his indication that there would be a six-foot chain length fence installed with privacy slats in place, thus shield- ing the view of his property from the Ramada. 2. Frederick Smith, 13333 N. Stemmons, Farmers Branch, Texas, representing the Ramada Inn, opposed granting of a special use permit for the automotive repair facility. He cited as his reasons multiple environmental and economic negatives, which he felt impacted his business. There being no one else wishing to speak, a motion by Councilman Moses, second by Councilwoman Hardie, all voting "aye", closed the public hearing. Vol. 55, Page 127 Councilman Moses addressed Mr. Thompson concerning the verbage of "specialty shop" and requested a clarification. Mr. Thompson complied and explained that much or all of the major repairs are "farmed out" and that heavy machinery was not housed on the premises. As a matter of credibility, he further stated that this business has been in operation for seven (7) years and has been located at I-35 at Beltline for the past 4 1/2 years. Mayor Pro Tem Davis inquired as to whether body work would be done on location here. Mr. Thompson indicated it would not. He further assured Mayor Pro Tem. Davis that there would be no overnight outside storage of vehicles, and that there are plans to build a five-car storage garage. Councilwoman Hardie inquired of Mr. Thompson if the garage would be built prior to opening or after. He replied that it was to be built prior to opening. Mayor Blair recognized Tom Scales, Director of Community Services, who indicated that the addition of the storage building is allowable under code, it will require site plan approval before building permits can be issued, and can be a condition of the specific use permit. Councilman Jeff Binford expressed an appreciation of concerns heard from Mr. Smith, however indicated that most road-side room arrangements contend anyway with the noise of the freeways and felt it unfair to assume this was an originally quite area. Mayor Blair indicated that he felt the screening fence barrier would be necessary and very beneficial. After further discussion there was a motion by Councilman Binford, second by Councilwoman Hardie, all voting "aye", adopted the following captioned ordinance No. 1784 for a Special Use Permit for an automotive repair facility at 13300 Branchview Lane and located within the Planned Development No. 25 Zoning District, with the special provisions that there would be no outside storage and repairs of vehicles; that there would be a five car storage garage built; and that a screening fence barrier be constructed as indicated. 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 GRANT A SPECIFIC USE PERMIT FOR "GENERAL ENGINE REPAIRS" ON PROPERTY LOCATED AT 13300 BRANCHVIEW LANE AND WITHIN THE PLANNED DEVELOPMENT NO. 25 ZONING DISTRICT; ESTABLISHING CONDITIONS OF OPERATION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND Vol. 55, Page 128 DOLLARS ($2,000.00) FOR EACH OFFENSE;PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. Councilman Weidinger returned to the meeting room. C.3 CONSIDER AN APPEAL BY G. L. CECIL ON BEHALF OF LSC PROPERTIES INCORPORATED OF A DECISION OF THE HOUSING ADVISORY AND APPEALS BOARD AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information. The duplex residence located at 13441 Bee Street has been declared substandard as defined by the minimum housing code. Consequently, the code requires the owner to either repair or demolish the structure. The Housing Advisory and Appeals Board considered the owner's appeal on July 12, 1988. The Board upheld, by unanimous vote, the determination of the Building official that the house is sub- standard. The owner would like to improve only the electrical and plumbing systems, and continue to rent the structure, and therefore is appealing the Board's decision. The Housing Advisory and Appeals Board, by unanimous vote, recommends the decision of the Building official declaring the house substandard be upheld. Mayor Blair recognized: 1. Mr. Gowan L. Cecil, 2408 Fruitland Street, Farmers Branch, Texas, opposed the decision of the Housing Adviso- ry and Appeals Board and appeared to voice that opposi- tion. He stated that the housing he provided was not sub-standard as indicated, and that he felt he was provid- ing a service to low-income persons who could not afford more expensive housing. He stated that the rent on this property was $400 per month. Mayor Pro Tem Davis referred to the inspection report (2 1/2 pages of citations) which appeared before Council. Councilman Weidinger cited he had a responsibility to the citizens of Farmers Branch to keep these unsafe living conditions from occurring, and strongly opposed Mr. Cecil's suggestion that these were acceptable standards for living conditions. In further discussion, Mr. Cecil requested of the Council, if they should not rule favorably on this issue that he be Vol. 55, Page 129 allowed sufficient time to oversee the demolition of his property. A motion by Councilman Binford, second by Mayor Pro Tem Davis, all voting "aye", denied the appeal of G.L. Cecil on behalf of LSC Properties, the decision of the Housing Advisory and Appeals Board; and, authorized Mr. Cecil to have a 90-day grace period, in which to make preparations to either have the house fixed or demolished. C.4 DISCUSS TRAFFIC SAFETY IN ALLEYS AND TAKE THE APPRO- PRIATE ACTION. Mayor Blair stated this item has been placed on the agenda at the request of Mayor Pro Tem Davis. Mayor Pro Tem Davis made a brief statement indicating that she was concerned with the number of complaints she had received in reference to alley safety. She indicated that due to the long strip of pavement in the alley behind the homes on Selma, it was a traveled much too fast by many vehicles. Mayor Pro Tem Davis stated that the staff was aware of this problem and asked to hear recommendations. Mayor Blair recognized Larry Cervanka, Traffic Engineer, who had previously been consulted on this matter who made the following comments. Mr. Cervanka indicated that the City was prepared to install "Jiggle Bars" along this alley way, in an effort to slow the traffic down. In addition, speed limit signs can be installed. Mr. Cervanka indicated that the residents would be informed by hand-delivered letters, informing them of the plans, and that the Traffic Engineering Department would report back to Council of any feed-back. Mayor Blair recognized Ray Flaherty, 13220 Challaburton, Farmers Branch, who had indicated a desire to speak to this issue. Mr. Flaherty declined to speak at this time. C.5 CONSIDER AMENDING THE ALLOWABLE USES WITHIN THE HISTORICAL PARK BY THE ADDITION OF NON DRIVE-IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information: The City Council conducted a public hearing regarding this zoning amendment on June 6, 1988. Following testimony from the audience, the Council closed the public hearing. The Council then made a motion to continue this item to the first Council meeting in August. Vol. 55, Page 130 After some discussion of the Council not considering this at this time, a motion by Councilman Weidinger, second by Councilman Moses, all voting "aye", withdrew the amendment from consideration allowing uses within the Historical Park by the addition of a non-drive in restaurant without outside sales window. C.6 CONSIDER APPROVING REVISED MASTER PLAN FOR THE HISTORICAL PARK. Mayor Blair recognized John Burke, Director of Parks and Recreation who made the following presentation. The Masterplan for the Historical Park has been revised. The basic concept of the park remains intact, but new features have been added to reflect acquisitions of particular structures and changes in programming. The revised Masterplan more clearly defines many of the elements of the original plan and reflects changes in philosophy of the development and use of the Historical Park. Staff and the Historical Preservation and Restoration Board recommend approval of the revised Historical Park Master Plan. Councilman Weidinger made a motion to approve the revised master plan for the Historical Park, as recommended by the Staff and the Historical Preservation and Restoration Board. Councilman Moses seconded the motion. Mayor Blair ask to amend the motion to study the feasibility of moving the parking lot entrance, West of the Dodson house, closer to the railroad track. Councilmen Weidinger and Moses accepted the amendment. The motion carried with all voting "aye". C.7 CONSIDER APPROVING THE PROPOSED RESTORATION DESIGN BY JPJ ARCHITECTS FOR THE DODSON HOUSE. Mayor Blair presented following information. JPJ Architects prepared the restoration design for the Dodson House. The Dodson House will be restored to its original appearance with two exceptions. The kitchen will be modernized to facilitate use by local groups and equip the building for handicapped access. Work will include a new foundation, new electrical and plumbing. Equipment in the kitchen will include a dishwasher, two microwave ovens, two food warmers, a refrigerator, and a grease trap. Staff and the Historical Preservation and Restoration Board recommend approving the restoration design for the Dodson House. Vol. 55, Page 131 A motion by Councilman Moses, second by Councilwoman Hardie, all voting "aye", approved the proposed restoration design by JPJ Architects for the Dodson House, as recommended by the Staff and the Historical Preservation and Restoration Board. C.8 CONSIDER REQUEST TO NEGOTIATE A CONSTRUCTION MANAGER CONTRACT WITH JAMES CRAWFORD FOR RESTORATION OF THE DODSON HOUSE. Mayor Blair presented the following information. Phase V of the Historical Park includes restoration of the Dodson House. Permission is requested to negotiate a contract with James Crawford to act as our construction manager. Mr. Crawford recently completed restoration of the old Church, and has done an excellent job. The estimated Construction Manager's fee is $13,000, restoration costs are estimated at $130,500. Funding is approved in this years (1987-88) budget for Phase V. The staff and the Historical Preservation and Restoration Board recommends permission be granted to negotiate a Construction Manager contract with James Crawford for renovation of the Dodson House not to exceed $13,000. Mayor Blair recognized Mr. Vernon Smith, 2715 Bay Meadows Circle, Farmers Branch, inquired of the Council as to the funding of the restoration of the Historical Park. He was concerned that the use of the Hotel/Motel Tax Revenues for this purpose was misappropriation. Mr. Smith was also concerned with the presently limited display of registered historical markers. Mayor Blair recognized John Burke, Director of Parks and Recreation who explained that the applications for the National Register sent to State of Texas were approved in the Spring of 1987 and were then sent to Washington by the Summer of 1987. The City has every reason to believe that the markers will be granted in due time. The application process can take as long as two years. Mayor Blair called for a ruling from City Attorney John Boyle, who indicated that the marker issue, had nothing to do with the legality of using the Hotel/Motel Tax Revenue for any area deemed "Historical" by previous Council action. A motion by Mayor Pro Tem Davis, second by Councilman Binford, all voting "aye", approved the request to negotiate a construction manager contract with James Crawford for restoration of the Dodson House not to exceed $13,000, as recommended. Vol. 55, Page 132 D.1 CONSIDER CALLING AN ELECTION PROPOSING WITHDRAWAL OF THE CITY OF FARMERS BRANCH FROM THE DALLAS AREA RAPID TRANSIT (DART) SYSTEM AND TAKE APPROPRIATE ACTION. This item has been placed on the agenda at the request of Mayor Blair. Mayor Blair opened the discussion with a lengthy presentation indicating that everyone was for mobility, and has been and will be for its progressive growth. However, Mayor Blair was concerned with the ever growing expenses of the DART system with their apparent mis-management as well as their to-date slow progression. His chief concern was for the Farmers Branch citizens who have actively voiced their opinions in opposition to spending any more money in this area. The 1983 election facts were very clear in their provision for a 143 mile rail to serve the entire county. Then in 1986 the same 143 mile rail was prohibited by current tax revenues. Mayor Pro Tem Davis voiced her concern that if we do not see the leadership turn-around in a positive effort to move forward, then we need to look closely at considering the issue of withdrawal. Councilman Binford agreed with Mayor Pro Tem Davis adding that since it had only been 37 days since the election, and actually only 25 working days, and we were already seeing many changes, that it was premature of our City to hastily decide any form of action at this point. He further added that the DART budget reductions are impressive, and it may very well be that a lot of good could come from the election, in that DART is now forced to "clean-up" their act and move forward in a cost-effective, accountable manner. Councilman Binford was in favor of tabling the consideration until November. Councilwoman Nancy Hardie expressed her support of the future of mass transit, and stated that we must not lose sight of the future, because of the problems the system faces today. She felt that with time, and the careful planning and re-structuring that we are presently seeing, it is quite possible that the negative aspect of this issue could be turned around so that we as a region can move forward. She also expressed a desire to postpone the issue until October. Councilman Moses opposed waiting the 90 days to set the election. He also noted that the City of Dallas was not represented at the recent meeting of Metrocrest Cities, held in Garland. Councilman Moses stated that he intended to support the citizens, and he felt that the citizens had spoken in the recent election. Vol. 55, Page 133 Councilman Weidinger expressed an interest in the Metroplex Mayor's Mobility Study and the input from area Chambers before making a decision on this issue. Mayor Blair recognized: 1. Vernon Smith, 2715 Bay Meadows Circle, Farmers Branch, was in favor of allowing the people of Farmers Branch to vote on the DART issue. 2. Carl Fisher, 3420 Lake Country Court, Farmers Branch, favored pulling out of DART. He requested that the vote be "yes" or "no", so that the results would need no interpretation. He stated that he had held a back-yard survey of his neighbors, and not one of them expressed a desire to stay in DART. He pleaded that the Council trust the taxpayers for once. He closed with, "I want my penny back". 3. Berry Grubbs, 13460 Briarbrook, Farmers Branch, opposed calling for the election at this time. Mr. Grubbs, who represents the City on the DART Board of Directors pre- sented the two major points for consideration: a. Allow DART time for their new programs and reorganization to develop and prove itself worthy. b. Realize that DART is moving forward to answer the issues the people have spoken to. It would not be wise of the City to pull out before they evaluate the same. 4. Marty Cadwell, 2800 Escada #207, Farmers Branch, favored staying in the Dart system as she also rode the bus to work and depended on the service. She also indicated that the service had been reliable and efficient for her needs. 5. Ray Flaherty, 13220 Challaburton, Farmers Branch, favored staying with the DART system. Mr. Flaherty gave a very comprehensive overview of the Council's efforts on this issue, and pleaded with the citizens for support. He felt the DART system needs more time to implement the changes that are underway, and that the Council was right in consideration to postpone their decision until October. 6. Sylvia Davis, 2006 Via Corona, Carrollton, favored staying in DART as she rode the bus to downtown Dallas each day to work, and was well pleased with the service as well as the DART personnel. A motion by Councilman Weidinger, second by Councilwoman Hardie, with Councilmembers Binford, Weidinger and Hardie Vol. 55, Page 134 voting "aye", with Mayor Pro Tem Davis and Councilman Moses voting "nay", postponed until October 17, 1988, the calling of an election proposing withdrawal of the City of Farmers Branch from the Dallas Area Rapid Transit System; and that the City's DART Board representative communicate to the City Council at the Study Sessions on DART issues. D.2 CONSIDER RESOLUTION ENDORSING THE METROPLEX MAYORS' GREATER DALLAS MOBILITY COMMITTEE AS REQUESTED BY DALLAS COUNTY JUDGE LEE JACKSON. This item has been placed on the agenda at the request of Mayor Blair. Mayor Blair explained that one of the issues before the Metroplex Mayor's Greater Dallas Mobility Committee will be the selection of 7 members for the DART Board. Following a brief discussion among Councilmembers, a motion by Mayor Pro Tem Davis, second by Councilman Weidinger, tabled the consideration of the resolution endorsing the Metroplex Mayors' Greater Dallas Mobility Committee, as requested by Dallas County Judge Lee Jackson, until August 15, 1988. The motion carried with Councilmembers Davis, Weidinger, Hardie and Binford voting "aye", with Councilman Moses abstaining. D.3 DISCUSS AND CONSIDER SETTING COUNCIL MEETING DATES FOR BUDGET WORKSHOP AND DATES FOR MEETINGS IN SEPTEMBER AND TAKE THE APPROPRIATE ACTION. This has been placed on the agenda at the request of Mayor Blair. Following a brief discussion a motion by Mayor Pro Tem Davis, second by Councilman Weidinger, all voting "aye", set the date of August 16, 1988, for the Council Budget Workshop, and moving the the first Council meeting date in September to September 6, 1988, the day following the Labor Day Holiday. D.4 CONSIDER ADOPTION OF RESOLUTION NO. 88-111 APPROVING A DESIGN CONTRACT WITH ROBERTS AND DOWDEY IN THE AMOUNT OF $63,000 FOR KEYPORT/MORNINGSTAR DRAINAGE PROJECT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Drainage improvements at Town North Estates on Keyport Drive and Morningstar Lane are projects D-6 and D-9 of the Bond Program. These improvements are budgeted in the amount of $890,000.00. The Engineering Department has negotiated a contract with the firm of Roberts and Dowdey Vol. 55, Page 135 Civil Engineers to design a drainage system for Town North Estates Addition. The contract is based on established rates not to exceed $63,000 and provides for 130 calendar days to complete the design. The City Engineer recommends that the contract with Roberts and Dowdey Civil Engineers for designing a drainage system at Town North Estates Addition be approved by adopting Resolution No. 88-111. After some consideration, a motion by Councilwoman Hardie, second by Mayor Pro Tem Davis, all voting "aye", adopted Resolution No. 88-111 approving a design contract with Roberts and Dowdey in the amount of $63,000 for Keyport/Moringstar drainage project. D.5 CONSIDER ADOPTING RESOLUTION NO. 88-113 APPROVING CHANGE ORDER NO. 2 TO A CONTRACT ON THE RAWHIDE CREEK EROSION CONTROL PROJECT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The contract for erosion control along Rawhide Creek from Josey Lane to east of Longmeade Drive was awarded to Craig Olden, Inc. in the amount of $561,980.00. Change Order No. 1, for hydromul- ching a city-owned parcel contiguous to the project added $2,692.20 to the contract amount. Change Order No. 2 is proposed to substitute hydromulching for turf grass along the construction area. Change Order No. 2 results in a net deduction to the contract of $10,800.00. The City Engineer recommends adoption of Resolution No. 88-113 to approve Change Order No. 2 to the contract with Craig Olden, Inc. for hydromulching on the Rawhide Creek Erosion Control Project. After some consideration, a motion by Mayor Pro Tem Davis, second by Councilman Moses, all voting "aye", adopted Resolution No. 88-113 approving Change Order No. 2 to a contract on the Rawhide Creek erosion control project as recommended by the Engineering Department. D.6 CONSIDER APPROVING RESOLUTION NO. 88-112 RATIFYING AN AGREEMENT WITH CRAIG OLDEN, INC. FOR EMERGENCY ACTION ON THE CHANNEL ALONG MARSH LANE PUMP STATION AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. On July 19, 1988, heavy rainfall caused the slope along the drainage channel adjacent to the Marsh Lane Pump Station to fail. The failure jeopardized both the Vol. 55, Page 136 facilities on the pump station site and the fence and parking lot of the apartment complex south of the site. Emergency measures were undertaken on July 20, to stabilize the situation. Craig Olden, Inc. was requested to furnish the labor, equipment, and materials to re-work the earth slopes and provide the concrete channel lining and slope plating. The agreement with Craig Olden, Inc. is based on hourly rates for labor and equipment to perform the earthwork and a unit price for the concrete work. The estimated maximum cost is $77,000. Ap- proximately $50,000 remains in the project budget with the balance to come from the Non-Bond CIP Fund reserves. Additional informa- tion is contained in the backup memorandum. The City Engineer recommends approving Resolution No. 88-112 declaring the situation an emergency and ratifying the agreement with Craig Olden, Inc. to make the necessary repairs. After some consideration a motion by Councilman Moses, second by Councilwoman Hardie, all voting "aye", approved Resolution No. 88-112 ratifying an agreement with Craig Olden, Inc. for emergency action on the channel along Marsh Lane Pump Station. D.7 CONSENT ITEM D.8 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DELOITTE HASKINS AND SELLS FOR FINANCIAL AUDIT SERVICES FOR THE YEAR ENDED SEPTEMBER 30, 1988. Mayor Blair presented the following information for consideration. In 1986 Deloitte Haskins + Sells was engaged to perform financial audit services for a period of five years. An engagement letter has been prepared by Deloitte Haskins + Sells which includes a fee of $15,900 for audit services, and hourly rates to be charged if an increase in the scope of services is requested. The Finance Director recommends that the City Manager be author- ized to execute a contract through accepting the engagement letter as submitted by Deloitte Haskins + Sells. After some discussion, a motion by Councilman Binford, second by Mayor Pro Tem Davis, all voting "aye", authorized the City Manager to execute a contract with Deloitte Haskins and Sells for financial audit services for the year ending September 30, 1988. D.9 CONSIDER COUNCIL TRAVEL REQUESTS AND TAKE THE APPROPRIATE ACTION. Vol. 55, Page 137 This item is placed on the agenda for council discussion and consideration. There was no travel discussed. D.10 CITIZEN PARTICIPATION. There was no citizen participation. F.1 ADJOURNMENT. A motion by Councilman Moses, second by Councilman Binford, all voting "aye", adjourned the City Council meeting at 10:11 p.m. , Mayor Dave Blair City Secretary Vol. 55, Page 138