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1989-10-23 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING OCTOBER 23, 1989 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Jeff Binford Bob Phelps Calla Davis Ron Pyle The following member of the City Council was absent: Councilmember Bill Moses The following members of the City Administration were present: City Manager Assistant City Manager City Attorney City Attorney City Secretary Director of Community Services Director of Planning City Engineer Asst. Dir. of Parks & Recreation Director of Public Works Director of Finance Director of Economic Development Public Information Officer City Management Assistant Recording Secretary Richard L. Escalante Steve Carpenter John Boyle Toby Bartholow Ruth Ann Parish Tom Scales Michael Spicer Jerry Murawski Jeff Harting Mark Pavageaux Doug Vanderslice Norma Nichols Donna Huerta Dave Reedy Brenda Anderson Mayor Blair called the City Council Meeting of October 23, 1989 to order at 7:32 p.m. The meeting was televised. A.1 INVOCATION Councilman Phelps gave the invocation and led the pledge of allegiance to the flag. MAYOR BLAIR ANNOUNCED THAT COUNCILMAN MOSES WAS OUT OF THE CITY ON BUSINESS. A.2 PROCLAIM MONDAY, OCTOBER 23 AS "GERMAN STUDENT EXCHANGE DAY" IN FARMERS BRANCH AND RECOGNIZE STUDENTS AS HONORARY CITIZENS OF FARMERS BRANCH. Vol. 57, Page 26 Mayor Blair presented the following information and read the proclamation that had been prepared. Garbsen, West Germany, has sent 23 high school students to Farmers Branch for an educational and cultural exchange as a part of the Sister City Program in conjunction with the Carrollton/Farmers Branch Independent School District. Mayor Blair proclaimed October 2 Day" in Farmers Branch. Mayor each of the 23 students with Citizenship of Farmers Branch. Dieter and Gudrun Roggenkamp, students. 3 as "German Student Exchange Blair welcomed and presented a Certificate of Honorary Mayor Blair recognized Dr. chaperones of the German Mayor Blair recognized Sister City Chairman Nancy Hardie who also presented each of the students with a Farmers Branch t-shirt. Dr. Roggenkamp presented the Mayor with a pewter cup engraved with the seal of the City of Garbsen, Germany. Mayor Blair requested a motion to accept this gift as well as a plaque from the City of Nottingham and an engraved crystal from Worksop, Bassetlaw District, received on the recent Trade Mission. A motion by Councilmember Davis, a second by Mayor Pro Tem Binford, all voting "aye" accepted the three gifts to be placed in the appropriate place. MAYOR BLAIR RECOGNIZED COUNCILM; ANNOUNCEMENTS. COUNCILMAN PHELPS FORUM ON CRIME AND DRUGS HELD AT IT WILL BE SHOWN AGAIN ON CHANNEL 28. HE ALSO STATED THIS IS RED THE FIGHT AGAINST DRUGS. AN PHELPS WHO WISHED TO MAKE PRAISED THE OCTOBER 14 TOWN THE MANSKE LIBRARY. HE STATED 8, 10:30 A.M., SUNDAY, OCTOBER RIBBON WEEK DESIGNATED TO HELP COUNCILMAN PHELPS ISSUED AN INVITATION TO ALL VETERANS TO ATTEND THE NOVEMBER 6 COUNCIL MEETING AS HE IS REQUESTING AN AGENDA ITEM TO RECOGNIZE OUR VETERANS IN HONOR OF NOVEMBER 11, VETERANS DAY. A.3 PRESENTATION OF FARMERS BRANCH CHAMBER OF COMMERCE RESOLUTION IN SUPPORT OF REMAINING WITHIN DART (DALLAS AREA RAPID TRANSIT). This item has been placed on the agenda at the request of Mr. Doug Bryan of the Farmers Branch Chamber of Commerce. Mayor Blair recognized the following members of the Farmers Branch Chamber of Commerce who were present in support of remaining within DART (Dallas Area Rapid Transit). Those present were Doug Bryan, Jim Shafer, Berry Grubbs, Mike Tucker, Vol. 57, Page 27 Mike DeGrazier, and Todd Meier. Mr. Bryan read the Farmers Branch Chamber of Commerce Resolution No. 89-032 encouraging the residents of Farmers Branch to vote to remain within the DART service area in the scheduled November 7, 1989 withdrawal election. Mayor Blair recognized the following citizens who also spoke in favor of DART. Joseph Lemming, 13719 Sundown Trail, spoke in favor of DART. Holly Ondich, student at Brookhaven College, requested support of DART as she is blind and uses DART as her transportation to school. Debbie McElfish, representing the disabled students at Brookhaven College, requested support of DART as many of the students at the College depend on the DART service to continue their education. She also spoke on behalf of Dr. Patsy Fulton, President of Brookhaven College, who requested support of continuing DART service in our area. Laverne Gilbert, 13921 Janwood, clarified the 1% sales tax is area, not the citizens. spoke in support of DART and paid by the businesses in the A motion by Councilmember Davis, a second by Councilman Pyle, all voting "aye", accepted the Farmers Branch Chamber of Commerce Resolution 89-032 encouraging residents to vote to remain within the DART service area. A.4 PRESENTATION OF BOARD APPLICATIONS. The following were present to express their interest in the Parks and Recreation Board vacancy and request their applications be considered. Frank Shor, 2517 Danny Lane Bob Shaw, 13635 Janwood Tony Trezza, 3040 Selma Lane Mary Barnes, 2946 Oxfordshire Sandy Davenport, 13802 Wooded Creek B.1 - B.10 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. 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 established Vol. 57, Page 28 in order to speed up discussion for those items that need more time for discussion. A motion by Councilmember Davis, a second by Mayor Pro Tem Binford, all voting "aye", approved the addition of C.4, C.5, C.6, D.3, and D.4 to the Consent Agenda. A motion by Mayor Pro Tem Binford, a second by Councilman Pyle, all voting "aye", approved the Consent Agenda. B.1 APPROVED MINUTES OF COUNCIL MEETING OF OCTOBER 2, 1989. B.2 APPROVED AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR IRRIGATION SUPPLIES FOR THE PARKS AND RECREATION DEPARTMENT. B.3 APPROVED AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR SMALL EQUIPMENT FOR THE PARKS AND RECREATION DEPARTMENT. B.4 APPROVED AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR CHEMICALS AND FERTILIZER FOR THE PARKS AND RECREATION DEPARTMENT. B.5 APPROVED AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR PEPPER PARK RESTROOMS. B.6 APPROVED AUTHORIZING ADVERTISEMENT FOR BIDS FOR FOUR (4) SELF CLEANING COMPACTION WHEELS WITH PIN ON TEETH FOR A COMPACTOR AT CAMELOT LANDFILL. B.7 APPROVED AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE ANNUAL SUPPLY OF PORTLAND CEMENT CONCRETE FOR THE STREET DIVISION. B.8 APPROVED AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE ANNUAL SUPPLY OF HOT MIX ASPHALTIC CONCRETE AND HOT MIX COLD LAID MATERIAL FOR THE STREET AND UTILITY DIVISIONS. B.9 APPROVED AUTHORIZING THE CITY TO ADVERTISE FOR A BID ONE YEAR SUPPLY OF LIMESTONE SCREENINGS FOR THE UTILITY DIVISION. B.10 APPROVED AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIABILITY FORM WITH PRINCIPAL MUTUAL LIFE INSURANCE COMPANY, TRAMMELL CROW COMPANY FOR USE OF THEIR PARKING FACILITIES ON OCTOBER 28, 1989 FOR "HALLOWEEN IN THE PARK" AND DECEMBER 9 & 16, 1989 FOR "DICKENS IN THE PARK." Vol. 57, Page 29 C.4 APPROVED REQUEST OF CENTRE DEVELOPMENT CO., INC. FOR APPROVAL OF A SITE PLAN FOR IDENTIFICATION SIGNAGE WITHIN THE PLANNED DEVELOPMENT NO. 51 ZONING DISTRICT LOCATED AT THE NORTHWEST CORNER OF MIDWAY ROAD AND LBJ FREEWAY. C.5 APPROVED REQUEST FOR A SITE PLAN APPROVAL FOR AN AUTOMOBILE DEALERSHIP WITHIN THE PLANNED DEVELOPMENT NO. 40 ZONING DISTRICT AT 4545 LBJ FREEWAY. C.6 APPROVED REQUEST BY THE CITY OF FARMERS BRANCH, TEXAS FOR FINAL PLAT APPROVAL OF WICKER ADDITION TO CREATE A BUILDING SITE FOR AN ADDITIONAL WATER STORAGE TANK AND OTHER IMPROVEMENTS. D.3 ADOPTED RESOLUTION NO. 89-146 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH APPLIED EARTH SCIENCES INC. IN AN AMOUNT NOT TO EXCEED $11,700 FOR ENVIRONMENTAL CONSULTING AT THE SENLAC SERVICE CENTER. D.4 ADOPTED RESOLUTION NO. 89-150 APPROVING THE SALE OF THE IBM SYSTEM/38 COMPUTER SYSTEM TO THE FIRST EQUIPMENT COMPANY FOR $1,101. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report of the happenings and status of other projects in the departments of the City. C.2 PUBLIC HEARING: CONSIDER REQUEST OF SAN PARTNERSHIP FOR APPROVAL OF A SPECIFIC USE PERMIT FOR AN AUTOMOTIVE GENERAL REPAIR FACILITY WITHIN A LIGHT INDUSTRIAL ZONING DISTRICT AT 3340 BELTLINE ROAD AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. European Technology operates a sales facility for new and used automobiles at 3340 Beltline. Under the specific use permit which was granted for auto sales, repair of vehicles to be sold on site is permitted. The applicant is requesting permission to expand the repair activity to include automotive repairs to the general public which requires a specific use permit. Mayor Blair stated that the Planning and Zoning Commission, by a 4 to 2 vote, recommends the request for a specific use permit to allow general automotive repairs at 3340 Belt Line Road be denied. Mayor Blair opened the public hearing and recognized Kirk Williams representing European Technology. Mr. Williams explained that although the Planning and Zoning Commission Vol. 57, Page 30 recommended denial of the specific use permit, City Staff's recommendation was for approval with the condition that outdoor repairs be prohibited. Mr. Williams stated that condition was agreeable. Mayor Blair recognized Bill McAfee, owner of European Technology, who was available for any questions of Council. There being no one else wishing to speak, a motion by Mayor Pro Tem Binford, a second by Councilmember Davis, all voting "aye", closed the public hearing. Discussion was held concerning Planning and Zoning's reason for denial of SUP being possible redevelopment in future years and Council's concern for a thriving business in that area presently. After some discussion, Mayor Pro Tem. Binford requested the condition be added as follows in order to address the concern of the Planning and Zoning Commission, "That the City Staff shall monitor the automotive general repair facility and prior to August 1, 1993, apprise the City Council of the regulatory compliance record associated with the automotive general repair facility. In the event of an unsatisfactory compliance record, the City reserves the right to institute a zoning case to rezone the property from its existing zoning and to terminate the specific use permit." A motion by Councilmember Davis, a second by Councilman Phelps, all voting "aye", adopted the following captioned Ordinance No. 1845 approving the specific use permit with the condition added "That the City Staff shall monitor the automotive general repair facility and prior to August 1, 1993, apprise the City Council of the regulatory compliance record associated with the automotive general repair facility. In the event of an unsatisfactory compliance record, the City reserves the right to institute a zoning case to rezone the property from its existing zoning and to terminate the specific use permit." 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 AN AUTOMOTIVE GENERAL REPAIR FACILITY IN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT AT 3340 BELTLINE ROAD; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER DELETING A SPECIFIC USE PERMIT ALLOWING THE RETAIL SALES OF GUN ACCESSORIES AND JEWELRY AND OTHER ACCESSORY USES WITHIN THE PLANNED DEVELOPMENT NO. 34 ZONING DISTRICT AT 2553 VALLEY VIEW LANE AND TAKE APPROPRIATE ACTION. Vol. 57, Page 31 Mayor Blair presented the consideration. On September 11, Commission authorized the City hearing process necessary to dele 2, 1987 by Ordinance No. 1739. the operation of a retail store f and jewelry and other accessory u 34 at 2553 Valley View Lane. Rosenberg, never opened the store ordinance. following information for 1989, the Planning and Zoning Staff to begin the public to the SUP granted on November The specific use permit allows or the sale of gun accessories ses in Planned Development No. The applicant, A. Jack or met the conditions of the The conditions of the specific use permit (such as number and type of equipment as well as product brands) were tailored to Mr. Rosenberg's particular operation. The possibility of another entity operating precisely in the manner proposed by Mr. Rosenberg and meeting all the conditions of the ordinance is remote. Mayor Blair stated that the Planning and Zoning Commission, by unanimous vote, recommend that Ordinance No. 1739, granting a specific use permit for retail sales of gun accessories and jewelry and other accessory uses at 2553 Valley View Lane, be deleted. Mayor Blair opened the public hearing. There being no one Binford, a second closed the public h, A motion by Mayor Davis, all voting Ordinance No. 1844 wishing to speak, a motion by by Councilman Phelps, all Baring. Pro Tem Binford, a second by "aye", adopted the follow to delete Ordinance No. 1739. Mayor Pro Tem voting "aye", Councilmember ing captioned AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS TO DELETE A SPECIFIC USE PERMIT FOR THE OPERATION OF A RETAIL STORE FOR THE SALE OF GUN ACCESSORY USES IN THE PLANNED DEVELOPMENT NO. 34 ZONING DISTRICT; BEING PROPERTY WHICH IS PART OF BLOCK 1 OF THE D.T. MACON ADDITION IN ABSTRACT 733 AND MORE COMMONLY KNOWN AS 2553 VALLEY VIEW LANE; REPEALING ORDINANCE NO. 1739; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. C.4 Consent Item C.5 Consent Item Vol. 57, Page 32 C.6 Consent Item C.7 DISCUSS REQUESTS BY VERNON SMITH. This item has been placed on the agenda at the request of Vernon Smith to discuss the following three items. 1. Cut down tree trapped on the first dam west of the Mallon Park dam. 2. Large amounts of siltation coming from upstream of Farmers Branch Creek. 3. To discuss the Zoecon letter about groundwater. Mayor Blair recognized Vernon Smith, 2715 Bay Meadows Circle. Mr. Smith requested the City be more active in monitoring and inspecting the creeks referencing the tree trapped on the dam west of the Mallon Park dam. Staff assured Mr. Smith the tree he referred to had been removed by City personnel. Mr. Smith requested the City adopt an ordinance requiring residents who back up to the creek to have some type of erosion control to prevent the siltation coming from upstream of Farmers Branch Creek. Mr. Smith stated Shane Jackson would address the third item. Mayor Blair recognized Shane Jackson, 3834 Ermine Way, who discussed the recent letter received from the Texas Water Commission about Zoecon and groundwater. Mr. Jackson asked what steps the Council planned to pursue. Mayor Blair recognized City Manager Richard Escalante who stated the information would be provided to consultants for their expert advice as to future actions to be taken. C.8 CONSIDER ORDINANCE NO. 1846 APPROVING THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM HERITAGE CABLEVISION ASSOCIATES OF DALLAS TO TCI CABLEVISION OF DALLAS, INC. AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. TCI Cablevision of Dallas desires to have the cable television franchise transferred from Heritage Cablevision to themselves. Approval of the transfer from the City Council is necessary prior to any franchise transfer. As a condition of approval for the cablevision transfer, both TCI Cablevision of Dallas and Heritage Cablevision have agreed to accept certain inducement representations, to submit periodic reports, submit to periodic evaluations, and provide services required in the current cablevision franchise. The current Vol. 57, Page 33 cablevision franchise expires in the year 2000. The transfer would not extend the length of the existing franchise. The Assistant City Manager recommends approval of Ordinance No. 1846 transferring the Cablevision franchise from Heritage Cablevision to TCI of Dallas, Inc. Mayor Pro Tem. Binford expressed concern about customers with service problems on the weekend. Mayor Blair recognized Dennis Jones, general manager of Heritage. Mr. Jones referenced the letter presented to Council this evening that states a representative would be available to return calls on the weekend and talk the customer through the most common problem which is fine tuning the television receiver. If this fails to correct the problem, a service call would then be scheduled. Council agreed this was a viable solution. A motion by Mayor Pro Tem Binford, a second by Councilmember Davis, all voting "aye", adopted the following captioned Ordinance No. 1846 with the inclusion of the letter dated October 23, 1989, to be stated in Exhibit A-IV of the Ordinance. AN ORDINANCE AMENDING ORDINANCE NO. 1289 OF THE CITY OF FARMERS BRANCH, PASSED ON FINAL READING ON JANUARY 21, 1980, AS AMENDED BY ORDINANCE NO. 1601, PASSED ON SEPTEMBER 9, 1985, APPROVING THE TRANSFER BY HERITAGE CABLEVISION ASSOCIATES OF DALLAS, L.P. TO TCI CABLEVISION OF DALLAS, INC. ("TCI") OF THE FRANCHISE TO OPERATE A CABLE COMMUNICATIONS TELEVISION SYSTEM WITHIN THE CITY; ACCEPTING CERTAIN INDUCEMENT REPRESENTATIONS OF TCI; PROVIDING FOR PERIODIC REPORTING BY TCI TO THE CITY AND PERIODIC EVALUATIONS OF TCI'S PERFORMANCE; PROVIDING FOR THE CONTINUATION OF EXISTING USAGES AND SERVICES NOW PROVIDED BY THE CURRENT FRANCHISE; PROVIDING THAT A MATERIAL BREACH SHALL BE GROUNDS FOR TERMINATING THE FRANCHISE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SEVERABILITY CLAUSE. C.9 DISCUSS STATUS OF THE COMPREHENSIVE PLAN DEVELOPMENT STANDARDS FOR THE LBJ CORRIDOR STUDY AREA. Mayor Blair presented the following information for consideration. At the August 7, 1989 meeting, the City Council directed Staff to formulate some recommendation(s) addressing buffering of residential neighborhoods from commercial development within the context of a 3:1 building proximity slope and 1:1 FAR for the LBJ Study Area. Vol. 57, Page 34 At the October 2, 1989 City Council meeting, Staff made a presentation illustrating possible maximum development scenarios under a 3:1 building slope and 1:1 FAR, and provided an overview of fundamental buffering concepts. Subsequently, the City Council directed Staff to re-examine the study area without the constraint of 3:1 slope and 1:1 FAR criteria. Staff is not prepared to submit a recommendation at this time but would like to apprise City Council of some of the options presently being considered. Mayor Blair recognized Michael Spicer, Director of Planning, who presented an update of the buffering and building height options being considered. Mayor Blair recognized the following people who wished to speak on this item. Bruce Woody, 3210 Damascus Way, asked if the legal opinion about the power of condemning land by the Hospital Authority was ready yet. City Attorney John Boyle reported the legal opinion would be available within the next few days. Mr. Woody then asked if consideration had been given to consulting an urban design planner for the LBJ Corridor. Mayor Blair stated this was not felt to be necessary as the Comprehensive Plan itself was written by an urban design planner. Mr. Woody requested that consideration of property devaluation due to high rise buildings be considered in guidelines for the LBJ Corridor. Vernon Smith, 2715 Bay Meadows Circle, asked about the guidelines for notification of residents concerning the LBJ Corridor item on the agenda and reminded Council of the need for the proper buffer strip between residential and commercial properties. Fred Johnson, 12212 Ridgefair Place, opposed any changes in the LBJ Corridor area. Ted Thayer, 3457 Ridgeoak Way, opposed development in the LBJ Corridor area due to heavy traffic flow and devaluation of property. Jerry Oakes, 12124 Ridgefair, opposed development in the LBJ Corridor area due to heavy traffic and devaluation of property. Max Raulins, representative of the Metrocrest Hospital Authority, stated the need for reasonable guidelines to allow the Hospital to expand along the LBJ Corridor and requested the same guidelines apply for all of the City. Harold Ottensman, 12111 Brisbane, requested to be notified of any future meetings concerning the LBJ Corridor. Vol. 57, Page 35 Rolland Manzke, 3141 Brincrest, stated hospitals are a for-profit organization and the hospital's needs should not be a consideration of the development guidelines being addressed for the LBJ Corridor. Darrel Liston, 2832 Bay Meadows Circle, spoke on height limitations for buildings on LBJ Corridor. Jan Woody, 3210 Damascus Way, was concerned about people being notified of the meetings about the LBJ Corridor to enable all citizens to be heard on the issue. Mayor Blair recognized Tom Scales, Director of Community Services, who stated the notification procedures. D.1 CONSIDER RESOLUTION NO. 89-147 ENDORSING THE DESIGNATION OF STATE HIGHWAY 190 AS THE DWIGHT D. EISENHOWER FREEWAY AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated this item has been withdrawn. D.2 CONSIDER RESOLUTION NO. 89-148 SUPPORTING PROPOSITION NO. 8 AMENDING THE TEXAS CONSTITUTION RELATING TO THE FUNDING OF FACILITIES FOR CORRECTION INSTITUTIONS AND MENTAL HEALTH INSTITUTIONS AND TAKE THE APPROPRIATE ACTION. This item has been placed on the agenda at the request of Mayor Blair. Mayor Blair presented the following information for consideration. Proposition No. 8 proposes an amendment to the Texas Constitution providing for the issuance of general obligation bonds for acquiring,- constructing, or equipping corrections institutions, youth corrections institutions, statewide law enforcement facilities, and mental health and mental retardation institutions. The City of Farmers Branch firmly believes the constitutional amendment proposed by Proposition 8 is necessary to ensure the maintenance of law and order throughout the State of Texas while also ensuring humane treatment of inmates of the various institutions. The City desires to encourage the citizens of the City of Farmers Branch to support Proposition 8 at the general election to be held November 7, 1989. Resolution No. 89-148 has been prepared for consideration. A motion by Councilmember Davis, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 89-148 supporting Proposition No. 8 amending the Texas Constitution relating to the funding of facilities for correction institutions and mental health institutions. Vol. 57, Page 36 Staff agreed to send a copy of the executed Resolution No. 89-148 to the City of Woodville and the City of Hondo per the Mayor's request. D.3 Consent Item D.4 Consent Item D.5 CONSIDER ADOPTING RESOLUTION NO. 89-149 AWARDING A BID FOR TRAFFIC SIGNAL SYSTEM AND INTERCONNECT AT VALWOOD PARKWAY AND OLD DENTON ROAD TO TRAFFIC SIGNALS, INC. Mayor Blair presented the following information for consideration. On October 6, 1989, four (4) bids were received for traffic signal installation at Valwood Parkway and Old Denton Road interconnected with the signals at Valwood Parkway and IH35E. The low bid was from Traffic Signals, Inc. for $88,188.80. Traffic Signals, Inc. has successfully completed several similar projects for the City and has provided other satisfactory references. There is $100,000.00 in the DART Local Assistance Program (LAP) identified in the 1989/90 Capital Improvements Program Budget for the project. The City Engineer recommends adopting Resolution No. 89-149. A motion by Councilman Pyle, a second by Mayor Pro Tem Binford, all voting "aye", adopted Resolution No. 89-149 awarding a bid for $88,188.80 to Traffic Signals, Inc. for Traffic Signal System and Interconnect at Valwood Parkway and Old Denton Road. D.6 CONSIDER ADOPTING RESOLUTION NO. 89-151 APPROVING CHANGE ORDER NO. 1 FOR THE ADDITION OF ALUMINUM BLEACHER SEATS FOR THE ORAN GOOD PARK ATHLETIC IMPROVEMENTS PHASE I. Mayor Blair presented the following information for consideration. Gilbert//Cox, Inc. was awarded the construction contract for the Oran Good Park Athletic Improvements Phase I on August 7, 1989 in the amount of $419,000.00. The unencumbered balance for Oran Good Athletic Improvements is $73,000.00. Change Order No. 1 in the amount of $23,360.00 is for aluminum bleacher seats with backs to be added to the concrete bleachers. The aluminum seats will provide for a more comfortable facility for park users. The City Engineer recommends the adoption of Resolution No. 89-151. A motion by Councilmember Davis, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 89-151 approving Vol. 57, Page 37 Change Order No. 1 for aluminum bleacher seats with backs to be added to the construction contract with Gilbert//Cox, Inc. in the amount of $23,360. D.7 CONSIDER ADOPTING RESOLUTION NO. 89-155 AWARDING A BID FOR TRAFFIC SIGNAL INSTALLATION AT SPRING VALLEY/PROTON AND VALWOOD/DIPLOMAT. Mayor Blair presented the following information for consideration. On October 16, 1989, two (2) bids were received for traffic signal installation at Valwood and Diplomat and at Spring Valley and Proton. The low bid was received from Traffic Signals, Inc., in the amount of $123,770.60. However, the bid was incomplete and should be rejected. The second bid was from Sharrock Electric in the amount of $130,442.00. Sharrock Electric is presently completing several projects for the City and has additional satisfactory references. There is $200,000.00 in the DART Local Assistance Program (LAP) identified in the 1989/90 Capital Improvements Program Budget for both projects. The City Engineer recommends that Traffic Signal Installation at Spring Valley and Proton and Valwood at Diplomat be awarded to Sharrock Electric by adopting Resolution No. 89-155. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 89-155 awarding a bid for Traffic Signal Installation at Spring Valley and Proton and Valwood at Diplomat to Sharrock Electric for $130,442. D.8 CONSIDER ADOPTING RESOLUTION NO. 89-156 APPROVING CHANGE ORDER NO. 8 RELATIVE TO A CONSTRUCTION CONTRACT WITH DAL-MAC CONSTRUCTION COMPANY FOR FARMERS BRANCH CITY HALL PROJECT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The City has requested changes in the plaza area of City Hall and in the location of Audio/Visual/Video equipment. Specifically, the changes to the plaza area are the addition of handicapped ramps, reshaping of the plaza steps and adding concrete landing at the bottom of the steps. The changes to the A/V/V system consist of one additional audio tap and one additional microphone connection in the Council Conference room and relocation of the cassette recorder in the Council Chambers. Change Order No. 8 provides for these changes to the construction contract with Dal-Mac Construction Company in the amount of $8,136.00 addition to the contract price. Vol. 57, Page 38 The City Engineer recommends adoption of Resolution No. 89-156. A motion by Councilmember Davis, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 89-156 to approve Change Order No. 8 providing for changes in the plaza area of City Hall and in the location of Audio/Visual/Video equipment to a construction contract with Dal-Mac Construction company in the amount of $8,136.00 for Farmers Branch City Hall Project. D.9 CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BID FOR REMOVAL OF ASBESTOS CONTAINING BUILDING MATERIALS FROM THE EXISTING CITY HALL BUILDING AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The existing City Hall building will be demolished soon after City Staff occupies the new facility under construction. An environmental assessment of the existing facility has determined that asbestos is present. The Texas Air Quality Control Board prohibits the release of asbestos fibers into the air; hence, the asbestos must be removed in conformance with EPA requirements before the building can be demolished. The preliminary estimated cost is $250,000.00 for the asbestos removal and $40,000.00 for air monitoring and inspection. Funding would come from the City Hall project contingencies and the 1989-90 CIP Non-Bond Fund Reserve for Contingencies. The City Engineer recommends authorizing advertisement of bids for removal of asbestos containing building materials from the existing City Hall building. A motion by Councilmember Davis, a second by Councilman Pyle, all voting "aye", authorized the advertisement for bid for removal of asbestos containing building materials from the existing City Hall building. D.10 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. This item is placed on the agenda for Council discussion and consideration. City Manager Richard Escalante stated the City will be selling bonds the latter part of November for the Valwood Phase II Project between Josey Lane and Webb Chapel Road. To enable the City to get the best rating from Standard & Poor's and Moody which will in turn provide better interest rates, permission is requested for the City Manager and Council to travel to New York to make a presentation. A motion by Councilmember Davis, a second by Councilman Pyle, all voting "aye", approved the City Manager, Mayor and Councilmembers to travel to New York and return the following Vol. 57, Page 39 day to attend the Bond Hearings relative to the bonds to be sold for the Valwood Phase II Project in November. City Manager Richard Escalante also requested to travel within the state to interview a prospective Personnel Director. A motion by Mayor Pro Tem Binford, a second by Councilman Pyle, all voting "aye", approved the City Manager to travel within the state to interview a prospective Personnel Director. Mayor Blair gave a report on the Economic Development Trip to England and Germany. He stated the trip was very productive in meeting with several of their Chamber of Commerce and Industry leaders. Mayor Pro Tem Binford, Councilmember Davis, and Councilman Pyle also reported on productive meetings with prospective industries for Farmers Branch. D.11 CITIZEN PARTICIPATION. There was no one wishing to speak. MAYOR BLAIR 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. a. DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTMENTS TO THE PARK AND RECREATION BOARD. Appointments to the Park and Recreation Board were discussed. b. DISCUSS LAND ACQUISITION - ARTICLE 6252-17, SEC. 2(f) 1. DISCUSS POSSIBLE LAND ACQUISITION. c. DISCUSS PENDING AND CONTEMPLATED LITIGATION ARTICLE 6252-17 SEC. 2(e) 1. DISCUSS THE WATER RATE CASE. 2. DISCUSS NATIONAL ADVERTISING COMPANY VS. CITY OF FARMERS BRANCH PENDING LITIGATION. A discussion was held relating to the water rate case. A discussion was held relating to National Advertising Company vs. City of Farmers Branch pending litigation. THE COUNCIL RECONVENED INTO GENERAL SESSION. Vol. 57, Page 40 E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Mayor Pro Tem Binford, a second by Councilman Pyle, all voting "aye", appointed Bob Shaw to serve Place 1 on the Park and Recreation Board for a term to expire October 1, 1991. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilmember Davis, a second by Councilman Pyle, all voting "aye", approved the purchase and authorized the City Manager to execute a contract with Triangle Supply Co. for the property at 12705 Bee Street, adjacent to the City Hall, in the amount of $255,000.00. E.4 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced that no action was needed on items discussed on pending litigation. F.1 ADJOURNMENT. A motion by Mayor Pro Tem Binford, a second by Councilmember Davis, all voting "aye", adjourned the City Council meeting of October 23, 1989 at 11:50 p.m. Mayor Dave Blair City Secretary Vol. 57, Page 41