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1991-04-15 CC Minutes1 CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING APRIL 15, 1991 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Ron Pyle Bob Phelps Jeff Binford Calla Davis Bill Moses The following members of the present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary City Management Assistant Communication Director Economic Development Director Director of Community Services City Engineering Director of Finance Director of Parks & Recreation Acting Police Chief Director of Public Works Traffic Engineer Recording Secretary City Administration were Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish David Reedy Donna Huerta Norma Nichols Tom Scales Jerry Murawski Doug Vanderslice Jeff Fuller Jimmy Fawcett Mark Pavageaux Dave Davis Brenda Anderson Mayor Blair called the City Council Meeting of April 15, 1991 to order at 7:31 P.M.. The meeting was televised. A.1 INVOCATION. Councilman Moses gave the invocation. A.2 PLEDGE OF ALLEGIANCE TO THE FLAG BY CUB SCOUT PACK Vol. 60, Page 70 1233 OF HOLY CROSS LUTHERAN CHURCH. Cub Scout Pack 1233 of the Holy Cross Lutheran Church led the pledge of allegiance to the flag. A.3 PRESENTATION OF PROCLAMATION PROCLAIMING APRIL 23, 1991 AS "NATIONAL YOUTH SERVICE DAY". Mayor Blair presented the following information. National Youth Service Day, a day on which cities throughout the nation acknowledge and celebrate the contributions made each year by hundreds of thousands of young volunteers, is set for Tuesday, April 23. Mayor Blair read and proclaimed Tuesday, April 23, 1991 as National Youth Service Day in Farmers Branch and requested citizens to recognize their service to the city and country. A.4 PRESENTATION OF PROCLAMATION PROCLAIMING MAY 12 THROUGH MAY 18, 1991 AS "NATIONAL TRANSPORTATION WEEK". Mayor Blair stated that May 12th through May 18th has been declared National Transportation Week by President George Bush. The observance of National Transportation Week originated in 1952 in Houston, Texas. In 1962, President Kennedy established a permanent observance. The Dallas Metroplex National Transportation Week Committee encourages the cities within Dallas County to join with the committee by preparing a proclamation promoting its importance to all citizens. Mayor Blair read and proclaimed May 12 through May 18, 1991 as National Transportation Week in Farmers Branch. A.5 CONSIDER ACCEPTING DONATIONS TO THE HISTORICAL PARK AND MANSKE LIBRARY FROM THE FARMERS BRANCH WOMAN'S CLUB AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information. The Farmers Branch Woman's Club held a fashion show to raise funds for their annual donations. This year the Woman's Club elected to donate $1,000 to the Historical Park for artifacts to be placed in the School and $1,000 to the Manske Library for the purchase of workbooks to be used in the Literacy and English As A Second Language programs. Mrs. Virginia Maddox, President of the Farmers Branch Woman's Club, presented the money donations to the City. Mrs. Jerry Wilcox, Chairman of the Historical Preservation Vol. 60, Page 71 and Restoration Board was present representing the Historical Park and Mrs. Donna Milton, Chairman of the Library Board was present representing the Manske Library. Mrs. Laverne Gilbert, Mrs. Joanne Abbey, Mrs. Mary Kerr and Mrs. Verna Rummel were also present from the Farmers Branch Woman's Club. Library Board members also present were Ms. Joanne Wolf, Mrs. Dorothy Leckie and Ms. Rochelle Reagan. Library Director Ms. Mary Jane Stevenson was also present. A motion by Mayor Pro Tem Pyle, a second by Councilman Phelps, all voting "aye", accepted the donations to the Historical Park and Manske Library from the Farmers Branch Woman's Club. A.6 PRESENTATION AND RECOGNITION OF SERVICE TO RETIRING FIRE CHIEF JACK DYER. 1 Mayor Blair recognized Chief Dyer and his family . Mayor Blair gave the following information. Chief Jack Dyer began employment with the Farmers Branch Fire Department over thirty (30) years ago. Jack began his employment as a fire fighter in 1960 and has held most positions in the department. In April of 1981, Jack was promoted to Fire Chief. Chief Dyer has announced that he will retire effective April 30, 1991. Jack is only the second paid Fire Chief the City of Farmers Branch has had. In 1960, when Jack came to work there were eight (8) paid fire fighters and twenty-five (25) volunteer fire fighters. A 1946 Ford Pumper called a "grass wagon" was used to fight fires. Ambulance service was provided by fire fighters who used a vehicle donated by a funeral home. The radio system used was shared by all departments in Dallas County. Inspection programs were nonexistent and fire fighters responded to emergencies when one of two sirens sounded. During his tenure with the City of Farmers Branch, Jack has seen many improvements in the Fire Department that have made Farmers Branch a better and safer place to live and work. Those include: * The implementation of built-in fire protection program in high-rise and other commercial buildings; * The first department in the Dallas area to provide paramedic ambulance service; * The implementation of the 911 emergency telephone service; Vol. 60, Page 72 * The implementation of the 800 MHZ radio communication system; Jack has seen the department grow from eight employees to 63. He has seen the Farmers Branch fire equipment go from red, to yellow, and back to red, and the construction of Fire Station #2. Jack raised his three Jeannene. They now X their farm just south traveling. More than be spending much more grandchildren. boys in Farmers Branch with his wife >lan on raising cattle and fishing on of Gainesville and will be doing some anything, however, Jack says he will time with his wife, children and six Jack will be missed by all those who had the opportunity to know and work with him. His personal files contain many letters of commendation from residents and. he will long be remembered for his involvement in the community. Mayor Blair presented an appreciation plaque to Chief Dyer for his 30 years of service with the city. Chief Dyer expressed his appreciation to the Mayor, City Council and Staff for having the privilege of working with the city the past many years; and, for the progress of the city that has been made with the planning and decisions of the Council. He stated he too would miss the many friends he has made during his tenure with the city. AT THIS POINT IN THE MEETING SHANE JACKSON AND STEVE STEELE DISPLAYED PROTEST OF LEAD EMISSIONS IN THE AIR AND WERE ASKED BY MAYOR BLAIR TO LEAVE THE COUNCIL CHAMBER. A.7 CONSIDER REQUEST OF APPOINTING THE WOMEN'S CHARITY ORGANIZATION OF THE METROCREST FARMERS BRANCH WOMAN OF THE YEAR. Mayor Blair stated that the Council had not had time to discuss and name the woman of the year. The Council will announce at a later time. A.8 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.10 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.8 Mayor Blair stated 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 Vol. 60, Page 73 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 in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Pyle, a second by Councilman Phelps, all voting "aye", approved the following Consent Agenda Items, B-1 through B.8: B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF APRIL 1, 1991. B.2 ADOPTED RESOLUTION NO. 91-054 ACCEPTING A CORRECTION WARRANTY DEED CONVEYED TO THE CITY OF FARMERS BRANCH TO CORRECT A WARRANTY DEED PREVIOUSLY DEDICATED FOR COOKS CREEK DRAINAGE IMPROVEMENTS ALONG SHOREDALE LANE. B.3 ADOPTED RESOLUTION 91-055 ACCEPTING A STREET EASEMENT DEDICATED BY MR. AND MRS. JOHNNY G. TAYLOR FOR STREET IMPROVEMENTS AS PART OF THE VALWOOD PARKWAY RECONSTRUCTION PROJECT. B.4 ADOPTED RESOLUTION 91-064 PERMITTING THE FARMERS BRANCH CHURCH OF CHRIST TO OPERATE A CAR WASH AT THE NORTHWEST CORNER OF WEBB CHAPEL AND VALLEY VIEW LANE ON SATURDAY, MAY 4, 1991 FROM 9:00 AM UNTIL 3:00 PM. B.5 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO: 1935 EXTENDING THE CITY'S CURRENT ELECTRICAL FRANCHISE WITH TEXAS UTILITIES ELECTRIC COMPANY FOR THIRTY-ONE (31) DAYS: AN ORDINANCE EXTENDING THE TERM OF THE FRANCHISE GRANTED BY THE CITY OF FARMERS BRANCH TO THE TEXAS UTILITIES ELECTRIC COMPANY'S PREDECESSOR TEXAS POWER AND LIGHT COMPANY FOR A PERIOD EXPIRING ON MAY 31, 1991; PROVIDING FOR THE EXTENSION'S ACCEPTANCE BY TEXAS UTILITIES ELECTRIC COMPANY. B.6 ADOPTED RESOLUTION NO. 91-061 APPROVING CHANGE ORDER NO. 3 RELATIVE TO A PROFESSIONAL SERVICE AGREEMENT WITH JAMES CRAWFORD FOR THE RESTORATION OF THE LOG STRUCTURES LOCATED ON THE HISTORICAL PROPERTY. B.7 ADOPTED RESOLUTION NO. 91-066 AUTHORIZING A Vol. 60, Page 74 CIVIC OR PHILANTHROPIC USE TO BE CONDUCTED BY THE CRAFT GUILD OF DALLAS ON APRIL 20 AND 21, 1991 ON THE PARKING LOT OF 14325 PROTON ROAD. B.8 ADOPTED RESOLUTION NO. 91-065 AUTHORIZING PARTICIPATION BY THE CITY OF FARMERS BRANCH IN A TELEPHONE STEERING COMMITTEE WITH OTHER TEXAS CITIES TO SHARE INFORMATION, DEVELOP MODEL FRANCHISE ORDINANCES, AND OBTAIN LEGAL AND AUDITING COUNSEL CONCERNING THE RELATIONSHIP BETWEEN CITIES AND TELEPHONE COMPANIES. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report of the happenings and status of projects in the departments of the city. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF PETER KAVANAGH, ON BEHALF OF FARMERS BRANCH SHOPPING CENTER JOINT VENTURE, TO AMEND THE MAXIMUM ALLOWED HEIGHT WITHIN THE PLANNED DEVELOPMENT NUMBER 8 (PD-8) ZONING DISTRICT FOR RADIO, TELEVISION OR MICROWAVE TOWERS. Mayor Blair presented the following information for consideration. The city council continued the public hearing for this request at its March 18, 1991 meeting and again on April 1, 1991 to allow the applicant additional time to investigate moving the proposed antenna farther away from residences south of the Farmers Branch Shopping .Center. The applicant has since determined that no other space is available within the shopping center which could accommodate the proposed antenna without conflicting with current tenants or use of available space by future tenants. Consequently, no alternative location is proposed. Prior to the proposed antenna being considered for Council approval, amendment of the PD-8 height restriction standard must be approved. The proposed amendment would increase the maximum allowable height for antenna towers from 28 feet to 65 feet and require approval of a Specific Use Permit. The maximum height of other structures would remain at 28 feet. The Planning and Zoning Commission, by a 5 to 1 vote recommends that proposed ordinance No. 1929, amending Planned Development No. 8 to allow "radio, television or . microwave tower" to a height of sixty five feet with a Specific-Use Permit, be approved as submitted. Vol. 60, Page 75 Mayor Blair opened the public hearing and recognized Peter Kavanagh, representing Southwestern Bell Mobile Systems. Mr. Kavanagh's.stated he was present to answer questions on the request. Mayor Blair recognized David James, 2909 Eric Lane, expressed concerns relating to the appearance the tower would have on the neighborhood. There being no one else wishing to speak, a motion by Councilman Binford, a second by Councilman Moses, all voting "aye", closed the public hearing. Mayor Blair reviewed questions that had been asked at a previous meeting relating to whether a metal pole could be substituted for the proposed wooden pole; request to the applicant to investigate locating the proposed antenna on the existing TCI Cablevision tower on Veronica Road or moving the proposed location further north within the shopping center service alley; and of possibly placing a time limit on the Specific Use Permit. Mayor commented that a metal pole was acceptable and that placing the antenna on the TCI Cablevision tower is not feasible due to potential radio frequency interference and equipment overload of the tower structure itself. No other alternate place was found. After some discussion and reviewing of request and recommendation of the Planning and Zoning Commission, a motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", adopted the following captioned ordinance No. 1929 amending Planned Development No. 8 to allow "radio, television, or microwave tower" to a height of sixty five feet with a Specific Use Permit as recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, BY AMENDING ORDINANCE NUMBER 146 RELATIVE TO HEIGHT REGULATIONS FOR "RADIO, TELEVISION OR MICROWAVE TOWER" IN THE PLANNED DEVELOPMENT NUMBER 8 ZONING DISTRICT, BY AMENDING SECTION 2 OF SAID ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF PETER KAVANAGH, ON BEHALF OF FARMERS BRANCH SHOPPING CENTER JOINT VENTURE, FOR APPROVAL OF A SPECIFIC USE PERMIT FOR A CELLULAR MOBILE TELEPHONE ANTENNA WITHIN THE PLANNED DEVELOPMENT NUMBER 8 (PD-8) ZONING DISTRICT AT 12895 JOSEY LANE, SUITE 132 AND TAKE APPROPRIATE ACTION. Vol. 60, Page 76 Mayor Blair presented the following information for consideration. The City Council continued the public hearing for this request at its March 18, 1991 meeting, and again on April 1, 1991 to allow the applicant additional time to investigate moving the proposed antenna farther away from residences south of the Farmers Branch Shopping Center. The applicant has since determined that no other space is available within the shopping center which could accommodate the proposed antenna without conflicting with current tenants or use of available space by future tenants. Consequently, no alternative location is proposed. Consideration of this Specific Use Permit request for an antenna 65 feet tall is contingent upon adoption of the PD-8 amendment to allow such structures to a height of 65 feet. City Staff has contacted both the Dallas County Appraisal District and the Federal Communications Commission regarding this request. The DCAD stated that the antenna should not adversely affect property values. The F.C.C. stated that it has not received any complaints regarding cellular telephone antennas and that by their operational nature, it is extremely unlikely that a problem with interference would occur. The Planning and Zoning commission, by a 4 to 2 vote, recommends that ordinance Number 1930, approving the specific use permit for a cellular mobile telephone antenna at 12895 Josey Lane, Suite 132, be approved as submitted. Mayor Blair opened the public hearing and recognized* Mr. Peter Kavanagh, representing Southwestern Bell Mobile Systems. Mr. Kavanagh requested approval of his request. A motion by Councilman Phelps, a second by Mayor Pro Tem Pyle, all voting "aye", closed the public hearing. Mayor Blair recognized City Attorney John Boyle to answer a question that had been discuss in the Study Session relating to reviewing the Specific Use Permit in five (5) years. Mr. Boyle explained that an addition could be made to the proposed Ordinance No. 1930 that would provide review of the permit every five years. Mr. Boyle recommended if it was the desire of the Council that Section 4 read: "The City expressly reserves the right at the end of each five (5) year period from the effective date of this ordinance, solely at its discretion, to institute a zoning case for the purpose of rezoning subject property in the event the City Council determines that the principal-- use for a cellular mobile phone antenna has become obsolete and is no longer appropriate. Applicant for the Specific Use Permit during the public hearing before the Vol. 60, Page 77 City Council acknowledged this provision and agreed to its inclusion in the ordinance." After some consideration, a motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance Number 1930, approving the Specific Use Permit for a cellular mobile telephone antenna at 12895 Josey Lane, Suite 132, as recommended by the Planning and Zoning Commission; with the inclusion of Section 4 as read by the City Attorney; and, with the stipulation that a metal pole be installed instead of a wooden one: 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 A CELLULAR MOBILE TELEPHONE ANTENNA WITHIN THE PLANNED DEVELOPMENT NUMBER 8 (PD-8) ZONING DISTRICT AT 12895 JOSEY LANE, SUITE 132; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS: PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. C.4 CONSIDER REQUEST OF EDDIE MCKIBBIN TO DISCUSS ORDINANCE NO. 1777 RELATING TO NECESSITY OF RESTROOM FACILITIES ON A MOBILE FOOD UNIT. Mayor Blair presented the following information for consideration. Mr. Eddie McKibbin, representing Independent Caterer's Inc., originally requested that this item be placed on the April 1, 1991, agenda. Mr. McKibbin wishes to discuss Ordinance No. 1777, Section 8-107 (c) relating to the necessity of restroom facilities on a mobile food unit. The request was continued until the April 15, 1991 City Council meeting to give City Staff time to evaluate the request and make an appropriate recommendation. The City Staff recommends that Section 8-107 (c) of Ordinance No. 1777 not be amended and that employee restrooms continue to be required on mobile food units. Mayor Blair recognized Mr. Eddie McKibbin, representing Independent Caterer's Inc. Mr. McKibbin stated he had requested the Staff to review and consider the same amendment in ordinance No. 1777 as the ordinance that allowed the snow cone operation to operate restroom facility at their site. The amendment would amend the requirement of the mobile food necessity of restroom facility. Mr. McKibbin explained the high cost that is involved to have the requirement of restroom facility on the mobile unit. Vol. 60, Page 78 Mr. McKibbin stated that he would be glad to get permission from facilities to utilize their restrooms and would hope the City Council would consider this request. Mayor Blair stated that when Ordinance No. 1777 was adopted the Council and Staff discussed several hours and had several meetings to reach a decision for the best effective ordinance that would control mobile units that prepared and served hot food in a safe and healthy way. Mayor Blair stated that two businesses presently are operating in Farmers Branch and have restrooms on their mobile units. Mayor Blair made a motion that Ordinance No. 1777 not be changed. Mayor Pro Tem. Pyle seconded the motion, and all voted "aye". C.5 CONSIDER REQUEST FOR COMMENTS FROM THE TEXAS AIR CONTROL BOARD REGARDING A PROPOSED PERMIT AMENDMENT FOR THE GNB, INC. PLANT ON WEST VALLEY VIEW LANE AND TAKE APPROPRIATE ACTION. Mayor Blair stated that the City Council and Staff have spent many hours discussing this issue when it was brought to the city's attention since the permit comment request came in. Also brought to the Council's attention is that the GNB Company has been operating some new and modified equipment without the proper permits. The Council and Staff have had open meetings relating to this issue and have been brought up to date as early as the last hour in telephone conversation with the Texas Air Control Board. The City Staff would like to explain the results of previous soil sample tests and brief the City Council on the status of a proposal from GNB, Inc. for limited production at their plant. Mayor Blair recognized City Manager Richard Escalante. Mr. Escalante explained that the Staff has devoted time over the last several weeks evaluating the application of GNB Company's permit, investigating the extent of any pollution that may have occurred, and attempting to determine what the facts are relative to emissions into the air and of soil contamination. Mr. Escalante recognized Community Services Director Tom Scales. Mr. Scales presented a report of the issue of GNB Company's permit request. Mr. Scales stated that the Texas Air Control Board is the authority responsible for issuing permits, the enforcement and monitoring of air emissions in the State of Texas. Mr. Scales presented history information on GNB Company. In 1971, known as Gould Battery moved to Farmers Branch and began operating and operated under a grandfather clause Vol. 60, Page 79 until 1980. In 1980 the company added some additional equipment and did obtain a permit for air emissions from the Texas Air Control Board. The permit allowed the increase of emissions by 4 hundredths of a ton per year which allowed the emission of approximately 1 to 1 1/2 tons of lead per year. GNB operated under that condition until 1989 at which time during a routine inspection the Texas Air Control Board found that GNB had added some additional equipment. In June, 1990 the Board issued a notice to GNB to either obtain a permit for the new equipment or to shut down the operation. In November, 1990 GNB applied for a permit. Upon a permit application the Texas Air Control Board goes through an information gathering period for public comment on the permit application. The City of Farmers Branch was sent a notice asking for comments. The permit application requested that the allowable emissions of lead be raised from approximately 1.2 tons per year to approximately 1.6 tons per year. Mr. Scales stated that the City of Farmers Branch has no authority in issuing the permits. The City only has the opportunity to comment on the permit application request. Mr. Scales stated that the item came before the City Council in February of 1991 and at that time it was found that there had been no air testing or monitoring done on the GNB property or in the area. There was no information available for the Council to make an informed comment to the Texas Air Control Board. The Council requested additional information and the Staff began to gather this information since February. Many discussions and meetings have been held gathering information. In March, the Texas Air Control Board requested GNB to discontinue use of their un-permitted equipment which had the practical effect of shutting down production at the plant. On March 28, 1991 production stopped at GNB plant. Shortly after this period GNB made a proposal to the Board that would allow them to begin production for an interim period of time on a limited basis. This reduced the production of batteries from approximately 11,500 batteries per day down to 4,30.0 batteries per day. On April 1, 1991 the City Council was presented a letter prepared by the Staff listing approximately 14 conditions that the Staff felt was necessary in order for GNB to begin production on an interim basis. The conditions were based on testing, verifying the area emissions dispersion data, of a model GNB consultants put together based upon monitoring and conditions of operation of the plant. Mr. Scales continued that information was received this date indicating the GNB and the TACB had generally complied with those conditions. Also received was a draft copy of an, agreed Board order from the TACB which also indicates that most, of those conditions generally have been placed into the Vol. 60, Page 80 agreed Board order that the Staff of TACB is considering forwarding on to the TACB. The city has received this evening 6:45 p.m. a new fax from TACB but the staff has not had the proper time to review the details and compare it to previous correspondence. Mr. Scales stated that the City's Environmentalist Specialist John Cleland and City's Environmental Health Officer Tom McDougald have worked with GNB's staff and with the staff of the Texas Air Commission Board during this process for the interim period of collecting data. Mr. John Cleland presented an up to date report on the soil sampling tests that were done in the city. Mr. Cleland displayed a graphic showing the 25 locations of testing sites. Mr. Cleland explained the results of the test for each location. Mr. Scales commented that the area to the east of 35E which is the residential area, is safe based on data gathered and explained by Mr. Cleland. The testing results data indicates very little lead and is below or at the background level that is found in Dallas. Mr. Scales stated that all the data that has been collected and the results of the testing is on file in the Community Services Department and invited any citizen to come in and talk with the staff about it. Mayor Blair stated that the Texas Air Control Board are the only ones who issues the permits for operation to GNB and any negotiations for interim permits are between GNB and the TACB. The Board has the authority to issue the permits and the authority to issue the conditions under which the permit -will be established. The City of Farmers Branch was quite concerned when found there was possibility of GNB operating equipment without a permit. The City became involved at that time and is still involved. Mayor Blair stated that the people at GNB have been extremely cooperative in this effort. It is unfortunately that 208 workers are without work but it is the City's responsibility to see that all residents and employees of companies in the City are safe. Mayor Blair continued commenting that by the plant closing and placing the monitor system in the area for several days, the staff will be able to determine what the air levels are with the plant not operating compared with the data received when the plant was operating. The city has asked the TACB and GNB, in this interim order to allow the plant to: go back into partial operation for a period of time so that -air emissions tests could be taken with the plant operating at a reduced level. With this data, evaluations could be seen of the air emissions area and pattern of that Vol. 60, Page 81 air emissions over a period of time to see if this meets the computer model that has been given to the TACB by GNB. The ground testing results indicates by the dispersion is fairly accurate. The agreement being considered by the Staff and received from the TACB has just arrived this evening and the staff needs more time to study its proposal. Councilmember Davis commended the City Staff for taking the time and efforts in seeing that Farmers Branch is doing what it can to make the city a safe place for the citizens of the city and the employees at GNB. Councilmember Davis apologized for the demonstration made earlier. Mayor Blair recognized Mr. Robert Southwell, 4001 Hawthorne, Dallas, questioned the method of how the ground samples were taken. Mr. Cleland responded as to the method used. Mayor Blair recognized Mr. Vernon Smith, 2715 Bay Meadows Circle, questioned the procedure that would be taken if one of the trucks coming from Frisco turned over. Mayor Blair responded that the City has a hazardous emergency vehicle(truck) that would be used for such an emergency as well as having agreement with neighboring cities for emergency situations. Mayor Blair recognized Frank Shore, 2517 Danny Lane. Mr. Shore questioned whether the GNB plant is of benefit to the city. Mayor Blair recognized Mr. Carl Fisher, 3420 Lake Country Court. Mr. Fisher commented that the city needs manufacturing plants like GNB in the City and requests the city to do whatever necessary to keep the plant in Farmers Branch. Mr. Bill Beck, 1911 Moody Court, Dallas, speaking in behalf of the GNB employees, commended the cooperation of the City Staff in working toward a solution for this consideration. Mr. Beck stated that GNB is operating within the standard requirements of E.P.A. and T.A.C.B. Councilman Phelps stated that the Council is concerned for the safety ,of the citizens and the employees of GNB and will continue to have monitoring and soil sampling tests made. After some discuss of continuing for study of data received this date, a motion by Mayor Pro Tem Pyle, a second by Councilman Phelps, all voting "aye", continued the consideration of this item until Tuesday, May 16, 1991 at 5:00 p.m. Vol. 60, Page 82 Mayor Blair excused himself from the chair and ask Mayor Pro Tem Pyle to conduct the meeting. C.6 CONSIDER TCI CABLEVISION PRESENTATION AND TAKE THE APPROPRIATE ACTION. Mayor Pro Tem Pyle stated that representatives from TCI Cablevision are present to update the Council concerning the services, a planned rate increase, and channel realignment. At a previous City Council Study Session discussing service problems with TCI Cablevision. The City Council had requested that TCI Cablevision representatives return in April to update the Council concerning service improvements. Mayor Pro Tem Pyle recognized Dan Murrell, general manager of TCI Cablevision. Mr. Murrell stated that actions have begun to improve services and relationships with customers. Mr. Murrell stated that a full time Assistant manager and an office manager have been hired to oversee the Farmers Branch facility. Mr. Murrell reviewed improvements that have been put into effect. The employees are now required to take a customers training course. TCI has begun an extensively premaintenance campaign. The facility in Farmers Branch has been remodeled and the operation is solely for the customers in Farmers Branch. Mr. Murrell. presented information for new services and a rate increase that will become effective June 1, 1991. New services will be offered and the realignment of channels will also be effective June 1, 1991. The rate for the basic service will go from $15.25 to $16.05, the cost of expanded basic will go up $.50 from $18.75 to $19.25. An additional .$1.00 will be added on the cost of premium channels, like HBO and the Disney channel. Mayor Blair returned to the Council Chamber and asked Mayor Pro Tem Pyle to continue conducting the meeting. Councilmember Davis and Councilman Binford expressed concern of not seeing improvements being made in the service. The question of proposed rate increase was discussed with Mr. Murrell. Councilman Binford stated that there had been two (2) rate increases within 18 months. After more discussion of the lack of quality service provided, Councilman Binford requested the Staff to pursue avenues of obtaining information from sources seeking alternatives in cable services. After more discussion, City Manager Mr. Escalante stated that the staff will secure proposals, outlining the scope of Vol. 60, Page 83 services, from qualified consultants and will bring back to the Council at a subsequent meeting. D.1 CONSIDER ADOPTING RESOLUTION NO. 91-062 AWARDING THE BID FOR PAVEMENT AND STRUCTURE REPAIRS AT VARIOUS LOCATIONS TO GARLAND CONCRETE, INC., AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Pyle presented the following information for consideration. Requests for bids on the 1990/1991 Pavement and Structure Repair Contract were mailed to thirteen vendors. Four bids were received and opened on April 2, 1991. All four bids received met specifications. The lowest bid meeting specifications was submitted by Garland Concrete, Inc., in the amount of $154,024.65. Several types of pavement repair were bid from estimated quantities on a unit price basis. This total constituted the base bid. Part of this quantity of work is a group of routine street repairs. Funds in the amount of $95,000.00 are available in the 1990/1991 Public Works operating budget to finance this part of the contract. The remaining quantity of work in the base bid is for repairs preparatory to the annual overlay program. Funding for these repairs in the amount of $105,000.00 is available in the 1985/1992 Street Resurfacing Program. The total amount of the award for the base bid will be $154,024.65. The Director of Public Works and the City Engineer recommend adopting Resolution No. 91-062 awarding the bid for pavement and structure repairs at various locations to Garland Concrete, Inc., in the amount of $154,024.65. After some consideration, a motion by Councilman Moses, a second by Councilman Binford, all voting "aye", adopted Resolution No. 91-062 awarding the bid for pavement and structure repairs at various locations to Garland Concrete, Inc., in the amount of $154,024.65. Mayor Blair dismissed himself from the meeting. Mayor Pro Tem Pyle continued. D.2 CONSIDER ORDINANCE NO. 1936 AMENDING ORDINANCE NO. 1932 AUTHORIZING JOINT ELECTION WITH THE COUNTY OF DALLAS AND TAKE THE APPROPRIATE ACTION. Mayor Pro Tem Pyle presented the following information for consideration. An amended Joint Election Agreement and Election'. Services Contract between the City of Farmers Branch and the County of Dallas and other entities has been submitted with an amendment to Page 1 in the list of Vol. 60, Page 84 participating entities, and to Page 8, Article XII, Absentee Voting. On Page 1, the County of Dallas Special Election should be added to the list of entities, and the City of Dallas should be omitted. On Page 8, Article XII provides that Bruce Sherbet, Dallas County Elections Administrator will be appointed as the Absentee Voting Clerk. The Article also amends the. hours and designated places of absentee voting by personal appearance. Absentee voting will be conducted on weekdays beginning Monday, April 15, 1991, through Friday, April 26, 1991, between 8:00 a.m. and 5:00 p.m., on Saturday, April 27, 1991 between 8:00 a.m. and 5:00 p.m.; and, Monday, April 29, 1991 and Tuesday, April 30, 1991, between 7:00 a.m. and 7:00 p.m. Proposed Ordinance No. 1936 incorporating the amendments has been prepared for consideration. The City Secretary recommends the amendment to the original agreement with the Council be adopted. After some consideration, a motion by Councilman Phelps, a second by Councilman Binford, all voting "aye", adopted the following caption Ordinance No. 1936 amending Ordinance No. 1932 calling the election and authorizing the Joint Election Agreement with Dallas County: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1932 PROVIDING JOINT ELECTION SERVICES AGREEMENT WITH DALLAS COUNTY FOR THE MAY 4, 1991 ELECTION OF CITY OFFICIALS OF THE CITY OF FARMERS BRANCH, BY AMENDING THE AGREEMENT TO INCLUDE SPECIAL ELECTION OF DALLAS COUNTY AND OMITTING THE CITY OF DALLAS; AND AMENDING ARTICLE XII, ABSENTEE VOTING; AND PROVIDING AN EFFECTIVE DATE. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no travel reports or requests. D.4 CITIZEN PARTICIPATION. There was no one wishing to speak. Mayor Blair returned to the meeting. Vol. 60, Page 85 F.1 ADJOURNMENT. A motion by Councilwoman Binford, all voting "aye" meeting of April 15, 1991 at Mayor City Secretary 1 r Davis, a second by Councilman adjourned the City Council 10:10 P.M. Vol. 60, Page 86