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1991-09-09 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING SEPTEMBER 9, 1991 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Bill Moses Councilmembers Bob Phelps Jeff Binford Calla Davis Ron Pyle The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Steve Carpenter Assistant City Manager John Burke City Attorney John Boyle City Secretary Ruth Ann Parish Communication Director Donna Huerta Economic Development Director Norma Nichols Director of Community Services Tom Scales City Engineer Jerry Murawski Director of Finance Doug Vanderslice Director of Parks & Recreation Jeff Fuller Police Chief Jimmy Fawcett Director of Public Works Mark Pavageaux City Management Assistant David Reedy Traffic Engineer Dave Davis Recording Secretary Cindee Peters Mayor Blair called the City Council Meeting of September 9, 1991 to order at 7:30 P.M.. The meeting was televised. Vol. 61, Page 39 A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tem Moses gave the invocation and led the pledge of allegiance to the flag. A.2 CONSIDER PROCLAIMING WEDNESDAY, SEPTEMBER 11, 1991 AS "9-1-1 DAY". Mayor Blair read the proclamation and proclaimed September 11, 1991 as "9-1-1 Day" in Farmers Branch. A.3 PRESENTATION OF PROCLAMATION PROCLAIMING OCTOBER 6-12 AS CUSTOMER SERVICE WEEK. Mayor Blair read the proclamation and proclaimed October 6-12 as "Customer Service Week" in Farmers Branch. Mayor Blair encourage all city employees to make a special effort to continue to provide quality customer service. A.4 PUBLIC INVITATION FROM JAMES A. SMITH MASONIC LODGE NO. 395 TO OPEN HOUSE SEPTEMBER 22, 1991. Mayor Blair introduced Joe Evans, Senior Ward with the James A. Smith Masonic Lodge No. 395. Mr. Evans came forward to extend an invitation to open house at the James A. Smith Masonic Lodge No. 395 in honor of Masonic Awareness Day on September 229 1991 from 2:00 P.M. to 4:00 P.M. A.5 PRESENTATION COMMENDING THE CITY OF FARMERS BRANCH BY THE FARMERS BRANCH CHAMBER OF COMMERCE. Mayor Blair introduced Janie Scarborough with the Farmers Branch Chamber of Commerce. Ms. Scarborough came forward and presented Mayor Blair with a letter commending the City of Farmers Branch. Ms. Scarborough explained the City of Farmers Branch hosted the triathlon held on July 15, 1991. Ms. Scarborough stated this event was the largest of its kind in Texas. Ms. Scarborough read exerts of letters received from the athletes commending the City and the police officers. A.6 CONSIDER ACCEPTANCE OF A $675 DONATION FROM THE NATIONAL RECREATION AND PARKS ASSOCIATION IN MEMORY OF LORRAINE SKAMFER AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information. The National Recreation and Park Association (NRPA) would like to memorialize Lorraine Skamfer. They have established a fund to accept donations from people who were NRPA members and who Vol. 61, Page 40 loved Lorraine as a person and as an advocate for the parks and recreation movement. Ms. Skamfer was appointed to the Farmers Branch Parks and Recreation Board in 1968, and served as its Chairman from 1973 until her death on September 12, 1989. Lorraine earned several awards for her volunteer efforts, including the Texas Recreation and Parks Society Volunteerism Award in 1984, NRPA's Volunteer Service Award in 1985, NRPA's State Service Award in 1987, and the American Parks and Recreation Society Branch of NRPA Meritorious Service Award for Citizens in 1988. The donation would be used to buy and install a plaque dedicating the gazebo and the adjacent rose garden in memory of Lorraine Skamfer. Mr. Barney Wood, Chairman of the Parks and Recreation Board, is here to present the donation. Ms. Skamfer's son, Philip Skamfer, is also present. The Director of the Parks and Recreation Department recommends acceptance of a $675 donation from the National Recreation and Parks Association in memory of Lorraine Skamfer. Mr. Barney Wood, Chairman of the Parks and Recreation Board came forward along with Philip Skamfer, son of Lorraine Skamfer. Mr. Wood presented Mayor Blair with a check for $675 to purchase and install a plaque dedicating the gazebo in memory of Lorraine Skamfer. A.7 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a fifteen year employee service award to Sam Papaneri of the Public Works Department. Mayor Blair presented a ten year employee service award to Jan Richardson of the Parks and Recreation Department. Mayor Blair presented a five year employee service award to Stuart Williams of the Data Processing Department. Mayor Blair presented a five year employee service award to J. Edgar Covey of the Equipment Services Department. Mayor Blair presented a five year employee service award to Ron Brown of the Public Works Department. A.8 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. Vol. 61, Page 41 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.4. 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 in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Moses, a second by Councilman Pyle, all voting "aye", placed items C.8, C.9, C.10, D.2, DA from the regular agenda on the consent agenda and removed item B.3 from the consent agenda to the regular agenda as item C. la. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF AUGUST 19, 1991 AND SPECIAL MEETING OF AUGUST 29, 1991. B.2 AUTHORIZED THE CONTINUATION OF THE HEALTH SERVICES AGREEMENT BETWEEN DALLAS COUNTY AND THE CITY OF FARMERS BRANCH IN THE AMOUNT NOT TO EXCEED $9,872.00. B.4 ADOPTED RESOLUTION NO. 91-132 AUTHORIZING EXECUTION OF A SPECIAL PERMIT AGREEMENT WITH DALLAS SEMICONDUCTOR RELATIVE TO INSTALLATION OF A WARNING SIGN AND FLASHING BEACON ON GILLIS ROAD. C.8 APPROVED REQUEST BY BELTWAY/CHAMPION JOINT VENTURE FOR PLAT APPROVAL OF REPLAT PHASE 2 BELTWAY/CHAMPION OFFICE PARK. C.9 APPROVED REQUEST BY STEVEN MCCULLOUGH FOR SITE PLAN APPROVAL OF AN ON-PREMISE SIGN AT 14175 DALLAS NORTH PARKWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 65(PD-65) ZONING DISTRICT. C.10 APPROVED REQUEST BY JIM O'BRIEN ON BEHALF OF THE WORD OF FAITH WORLD OUTREACH CENTER, FOR SITE PLAN APPROVAL OF AN OUTDOOR ATHLETIC FACILITY AT THE NORTHWEST CORNER OF DENTON DRIVE AND FARMERS BRANCH LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 31 (PD-31) ZONING DISTRICT. 0 Vol. 61, Page 42 D.2 ADOPTED RESOLUTION NO. 91-125 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BUCHANAN PRINTING FOR THE DESIGN AND PRINTING OF THE HISTORICAL PARK BROCHURE TO BE FUNDED FROM THE HOTEL/MOTEL FUND IN THE AMOUNT NOT TO EXCEED $14,000. DA ADOPTED RESOLUTION NO. 91-130 APPROVING THE EXTENSION OF THE INTERIM OUTFALL SEWER AGREEMENT WITH ADDISON FOR THE TRANSPORTATION OF SEWAGE AND FOR THE INDUSTRIAL WASTE PRETREATMENT PROGRAM. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of projects in the departments of the City. C.la CONSIDER RESOLUTION NO. 91-112 APPOINTING THE MUNICIPAL COURT JUDGE AND THE ALTERNATE COURT JUDGE AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Resolution No. 91- 112 has been prepared to ratify the action of the City Council at the last Council meeting of the appointment of Municipal Court Judge Deanna Burnett and Alternate Court Judge Terry Carnes. The City Attorney recommends the adoption of Resolution No. 91-112. Councilman Pyle had a conflict of interest and left the Council Chambers. Mayor Blair explained that Councilman Pyle had already filled out the necessary papers. A motion by Councilman Binford, a second by Mayor Pro Tem Moses, all voting "aye", adopted Resolution 91-112 appointmenting Deanna Burnett as Municipal Court Judge and Terry Carnes as Alternate Court Judge for a term of one year. Councilman Pyle returned to the Council Chambers. C.2 PUBLIC HEARING: CONSIDER REQUEST BY JOE L. CRAIG TO AMEND THE PLANNED DEVELOPMENT NUMBER 30 (PD-30) ZONING DISTRICT TO ALLOW LIGHT MANUFACTURING AND INDUSTRIAL USES AS A PERMITTED USE WITHIN THE DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Mr. Craig owns property located at 13915 Denton Drive within the PD-30 zoning district and would like Vol. 61, Page 43 to lease the existing building to an industrial user. Because the PD-30 zoning district presently prohibits all industrial uses, an amendment to allow light manufacturing and industrial uses is being requested. Prior to the establishment of PD-30 in 1982, this area was zoned for light industrial use. Current land uses are predominantly of a commercial and industrial nature. With the advent of PD-30, which allows primarily office and retail uses, industrial uses were prohibited and all existing industrial and commercial businesses became nonconforming uses. The request is in conflict with the Comprehensive Plan, but it is consistent with the recommendations of the Old Farmers Branch Area Study and compatible with adjacent zoning districts. The Planning and Zoning Commission, by unanimous vote, recommends that proposed Ordinance No. 1955, amending the PD-30 zoning district to allow light manufacturing and industrial uses, be adopted. Mayor Blair opened the public hearing. Mayor Blair recognized Mr. Joe Craig. Mr. Craig stated he owns the property located at 13915 Denton Drive and 2430 Squire Place. Mr. Craig felt this use was compatible with the area and was available to answer any questions. A motion by Councilman Pyle, a second by Councilman Phelps, all voting "aye", closed the public hearing. A motion by Councilman Phelps, a second by Mayor Pro Tem Moses, all voting "aye", approved the following captioned Ordinance No. 1955: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, SO AS TO INDICATE LIGHT MANUFACTURING AND INDUSTRIAL USES AS A PERMITTED USE IN THE PLANNED DEVELOPMENT NO. 30 ZONING DISTRICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. i I ~I Vol. 61, Page 44 C.3 PUBLIC HEARING: CONSIDER REQUEST BY PAUL WILMORE TO GRANT A SPECIFIC USE PERMIT FOR A PARK AND RIDE FACILITY AT THE NORTHWEST CORNER OF LBJ FREEWAY AND MIDWAY ROAD AT 13325 MIDWAY ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 51 (PD-51) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. In July of 1986, the City of Farmers Branch granted a Specific Use Permit (SUP) at this location allowing American Airlines to operate a temporary park and ride service to DF/W International Airport for a period of 3 years. A second SUP was granted in September of 1989 allowing the use to continue for a 2 year period which is due to expire on September 30, 1991. American Airlines is now seeking approval of a third SUP that would permit the park and ride to continue as a temporary use. No changes other than the extension of the operational time period is being requested. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit be approved for a 2 year period to expire on September 30, 1993. Mayor Blair opened the public hearing and recognized Mr. Paul Wilmore. Mr. Paul Wilmore, Manager of Retail Sales for American Airlines, stated he had been the representative for this project since 1986 and would like to continue the operation. A motion by Councilman Phelps, a second by Mayor Pro Tem Moses, all voting "aye", closed the public hearing. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", adopted the following captioned Ordinance No. 1956: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR A TEMPORARY PARK AND RIDE FACILITY IN PLANNED DEVELOPMENT NO. 51 (PD-51) ZONING DISTRICT; 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 A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. Vol. 61, Page 45 CA CONSIDER ORDINANCE NO. 1957 ADOPTING THE OPERATING BUDGET FOR THE 1991-92 FISCAL YEAR AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Ordinance No. 1957 adopts the operating budget for the 1991-92 fiscal year. The City conducted a public hearing regarding the budget and tax rate in accordance with the City Charter and State Tax Code requirements on August 29, 1991. All other applicable laws and charter provisions necessary for adoption of the budget have been followed. Additionally, the City conducted four neighborhood meetings and one business community meeting to discuss the budget and receive public input on the budget and tax rate. Copies of the budget document are available for public inspection at the Library. Staff recommends the adoption of Ordinance No. 1957 adopting the 1991-92 operating budget. Councilman Binford stated it was clear at the neighborhood meetings that citizens felt strongly in favor of maintaining the current services. A motion by Councilman Binford, a second by Councilman Pyle, all voting "aye", adopted the following captioned Ordinance No. 1957: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1991, AND ENDING SEPTEMBER 30, 1992, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF FARMERS BRANCH FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERATION OF VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY. C.5 CONSIDER ORDINANCE NO. 1958 TO LEVY THE TAX RATE FOR 1991 AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Ordinance No. 1958 sets the tax rate for the 1991 tax year at 44 cents per $100 of assessed value on all real and business personal property within the City. This represents a four cent increase over the 1990 tax rate which is required primarily because of reductions in the City's taxable assessed values over the past three years. The City conducted a public hearing regarding the budget and tax rate in accordance with the City Charter and State Tax Code requirements on August 29, 1991. All public notice requirements applicable to the tax increase have been followed. The City also conducted four neighborhood meetings and one business community meeting to discuss the increase in the tax rate. The City of Farmers Branch still has one of the very lowest tax rates in the metroplex. Vol. 61, Page 46 Staff recommends the adoption of Ordinance No. 1958 to levy the tax rate for 1991 at 44 cents per $100. Mayor Blair read several letters in opposition to the tax increase which were handed in prior to the meeting. Mayor Blair clarified from these letters it was not a 4% increase but a 10% increase. The increase is from 40 cents per $100 to 44 cents per $100. Mayor Blair explained that 1 cent of this increase would go toward the debt service on Josey Lane rebuilding while the other 3 cents would go into the general operating fund. Mayor Blair stated that City expenses continue to rise with revenues decreasing. Mayor Blair stated that after four neighborhood meetings, the Council did not see an alternative without affecting the level of service to the citizens of Farmers Branch. Mayor Blair explained the Council would like to preserve the services the citizens now have. Councilwoman Davis stated a concerned citizens had raised the question "could any laid off employee be spared his/her job if no raise were given to remaining employees". Councilwoman Davis asked the City Manager to address this issue and how it could affect the City. City Manager Richard Escalante explained the majority of the lay-offs were in the Engineering Department. Mr. Escalante explained that there were not enough projects for the current Engineering Department staff levels. Mr. Escalante stated the City had frozen the hiring of employees several months ago. Mr. Escalante stated that of the 9 non-engineering positions to be eliminated, 2 positions had been reinstated in the budget. Mayor Blair stated that Ms. Gray's comments were not against a tax increased but the size of the increase. Mayor Blair explained the Engineering staff were highly skilled employees and felt they could find employment at or above the rates they are now being payed. Mayor Blair expressed the 2 % raise in pay is meager and to keep the caliber of employees the City now has, employees needed some type of compensation. Ms. Gray of 2887 Selma came forward. Ms. Gray thanked Mayor Blair for returning her call and taking time to explain certain issues she did not understand. Ms. Gray stated she had a question concerning the Valwood Bowling Lane. Ms. Gray asked if the City felt they had any chance to recover unpaid city taxes. Mayor Blair introduced Steve Edmiston an attorney hired by the City to collect delinquent taxes. Mr. owed on this property all monies could be f Edmiston stated he had no doubt the City would collect all taxes . Mr. Edmiston further stated he felt it may be some time before collected due to the difficulties in locating all owners of this Vol. 61, Page 47 property. City Manager Richard Escalante explained that several months back Staff reviewed with Council the policies exercising the collection of taxes and discussed the pros and cons at length of collecting on bankruptcy cases and how difficult it could be to collect. Mr. Escalante stated as a result of this discussion, City Council decided not to utilize seizure as a collection method. There being no other comments, a motion by Councilman Pyle, a second by Councilwoman Davis, all voting "aye", adopted the following Ordinance No. 1958 setting the tax rate for the 1991 tax rate at .44 cents per $100 of assessed value on real and business within the City of Farmers Branch: AN ORDINANCE LEVYING THE TAX RATE FOR THE YEAR 1991. C.6 CONSIDER ORDINANCE NO. 1959 TO APPROVE THE 1991 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Ordinance No. 1959 approves the tax roll certified by the Dallas Central Appraisal District. The certified tax roll sets forth the taxable value for all real and business personal property in the City of Farmers Branch at $2,722,018,810 (two billion seven hundred twenty-two million eighteen thousand eight hundred ten). Staff recommends the adoption of Ordinance No. 1959 approving the tax roll certified by the Dallas Central Appraisal District. A motion by Councilman Binford, a second by Mayor Pro Tem. Moses, all voting "aye", adopted the following captioned Ordinance No. 1959: AN ORDINANCE TO APPROVE THE 1991 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT. C.7 CONSIDER ORDINANCE NO. 1960 AMENDING THE CITY'S OPERATING BUDGET FOR THE 1990-91 FISCAL YEAR AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Ordinance No. 1960 amends the 1990-91 operating budget to a level that is consistent with the City's estimated spending plan. This budget amendment maintains general fund expenditures at the same level as the mid-year amended budget. Vol. 61, Page 48 Staff recommends the adoption of Ordinance No. 1960 amending the 1990-91 operating budget. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", adopted the following captioned Ordinance No. 1960: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 1990-91 FISCAL YEAR OPERATING BUDGET: DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. C.8 CONSENT C.9 CONSENT C.10 CONSENT DA CONSIDER ADOPTING RESOLUTION NO. 91-115 AWARDING THE BID FOR CONSTRUCTION OF LAS CAMPANAS DRAINAGE IMPROVEMENTS TO RHODE CONSTRUCTION COMPANY, AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for presentation. The Las Campanas Drainage Improvements is a 1990-91 Drainage Bond Capital Improvement Project, budgeted in the amount of $355,000.00. The project was identified as a result of reoccurring street flooding. Previous expenditures for design and plan reproduction total $5,046.95 leaving $349,953.05 for construction and material testing of this project. The material testing is estimated at $4,860.00. Twelve (12) contractors picked up bid documents and nine (9) submitted bids on July 26, 1991. All bids met specifications. Rhode Construction Company submitted a low bid of $378,718.00. Upon tabulation of all bids submitted, it was found that the contractor made an error and that the correct low bid amount is $379,294.00 based on unit prices. The contract amount will be $379,294.00. The contract time is 120 calendar days. The total project cost is estimated to be $389,200.95 which includes design cost and materials testing. The total estimated cost is $34,200.95 over the project budget. Additional funds of $250,000.00 are available from the Drainage Bond Contingencies. Rhode Construction Company has provided adequate qualifications and references for similar work. Rhode Construction Company has completed numerous projects for the Cities of Dallas, Carrollton, Irving, Fort Worth and Cedar Hill. Mr. John Ditucci of 2928 Las Campanas came forward. Mr. Ditucci stated that since August of 1990 this project had bids received, but changes were made and the City had Vol. 61, Page 49 to re-bid this project. Mr. Ditucci stated this project needed to go forward even though bids came in higher. Mr. Ditucci explained the flooding problems he has had for the past several years. Mr. Ditucci stated he had heard two comments why this project should not go forward. Mr. Ditucci felt any inconvenience from this project would be worth the trouble and other situations may be in worse condition than Las Campanas. Mr. Jerry Murawski explained this project had not been previous bid in the past. Mr. Murawski stated changes to the design had been made before submitting the project for bids. City Manager Richard Escalante stated he had received a call from a Mr. Charles Porter in support of the changes. Ms. Christen McCollam of 2924 Las Campanas stated the flooding problem could be considered a safety issue. Ms. McCollam explained when flood waters rise the current from the water could cause a child to be drawn into the storm sewer. Ms. McCollam was in favor of the project. Mr. Don Kohne of 2937 Las Campanas felt this project was necessary. Mr. Richard Tiner of 2918 Las Campanas stated he had lived at this address for the past 16 years. Mr. Tiner explained that he had seen debris washed up on this property many times and water coming in the front door. Mr. Tiner stated the City needed to make the necessary corrections. Ms. Lorette Fontneaux of 2924 Las Campanas stated her new car had been washed from her property along with expensive landscaping. Councilman Phelps stated he had received two calls from residents in the area that were against the project, one was from a Mr. Madico. Councilwoman Davis stated after the floods of 1990, City Council had directed the Engineering staff to see what was causing the problem. Councilwoman Davis explained that a house on Bee Street had actually received water damage inside the house on two occasions. The City would have to spend millions of dollars to fix this problem which the City just does not have. Councilwoman Davis felt this project was not an emergency since no water had gotten into homes on Las Campanas. Councilwoman Davis stated the even if the work is completed on Las Campanas it was no guarantee it would alleviate the flooding problem. A motion by Councilwoman Davis, a second by Councilman Binford, to reject the bid as submitted. No vote was taken due to a question by Councilman Binford. [1 Vol. 61, Page 50 Councilman Binford had a question as to where the people here tonight live on Las Campanas and how many homes are affected. Councilman Phelps commented to the Las Campanas residents this his personal home had been flooded on six occasions and have had to do some work to try to help his situation. Councilman Phelps understood their dilemma but he would not ask the City to spend several thousand dollars to fix his area. Mayor Pro Tem Moses asked what would happen if Council rejects the bid. Mayor Blair stated the bids would just be rejected and Council could rebid anytime they wanted to. Jerry Murawski felt the City would not receive any better bids if they were to reject these and re-bid the project. Mr. Murawski told the Council this was the most cost effective design to substantially reduce flooding. Mayor Blair asked if constructed as designed, would water breach the curb as it runs down Las Campanas to Glenside to the creek in a 100 year storm. Mr. Murawski stated it would. Councilman Binford explained in the future the City would bid for project very closed to this one, could the City tie this project in with another project. Mr. Murawski stated they have looked into this but it would only add the price of this project to the price of the different project. Councilwoman Davis asked Mr. Murawski to explain the difference between a 100 year flood and a 50 year flood. Mr. Murawski stated a 100 year flood is a 1 % change it could happen each year and a 50 year flood is a 2 % change it could happen each year. Councilman Pyle requested the City Staff to find out the frequency and level of any water that had gotten into the homes on Las Campanas. Mr. Ditucci stated this had not been a problem just since 1990 but a problem since 1970. Mr. Ditucci stated water had come into homes on Las Campanas and the City did not convey this to Council. Mr. Ditucci invited Council the looked at the curb and street that had been peeled away because of high water. A motion by Councilman Davis, a second by Councilman Binford, all voting "aye", adopted Resolution 91-115B rejecting the bids for construction of Las Campanas drainage improvements. D.2 CONSENT Vol. 61, Page 51 D.3 CONSIDER ADOPTING RESOLUTION NO. 91-129 AWARDING A BID FOR A HYDRAULIC LOADER (GREEN GRABBER) TO SABINE MACHINERY AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Requests for bids on a hydraulic loader (Green Grabber) were mailed to ten vendors. One other vendor picked up a bid packet and another vendor requested a copy by facsimile. Six bids were received and opened on August 9, 1991. Three bids were acceptable, two bids did not meet specifications, and one vendor returned the packet and "no bid" the equipment specified. The lowest acceptable bid received was submitted by Sabine Machinery in the amount of $57,160.00. Funds in the amount of $75,000.00 are available in the 1990/1991 Public Works operating budget to finance the purchase. The Directors of Public Works and Equipment Service recommend adopting Resolution No. 91-129 awarding a bid for a hydraulic loader (Green Grabber) to Sabine Machinery in the amount of $57,160.00. Councilman Phelps asked if this unit would replace or would it be an additional unit. Councilman Phelps also inquired how many green grabbers the City had. Mark Pavageaux, Director of Public Works, stated the City had two units and this new unit would replace the oldest unit which would be sold at auction. A motion by Councilman Phelps, a second by Councilman Binford, all voting "aye", approved Resolution No. 91-129 awarding a bid for a hydraulic loader (green grabber) to Sabine Machinery in the amount of $57,160.00. DA CONSENT D.5 CONSIDER ADOPTING RESOLUTION NO. 91-133 AWARDING THE BID FOR THE HOLIDAY LIGHTING PROGRAM ELECTRICAL DISTRIBUTION TO GROVES ELECTRICAL SERVICE, INC. AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Holiday Lighting Program is a portion of the City's Christmas Activities to celebrate the holiday season. There is approximately $148,000.00 available in the 1990/91 Hotel/Motel Promotion of Tourism/Christmas activities Fund for the installation of the electrical distribution. The electrical distribution will provide permanent electrical service for the Vol. 61, Page 52 proposed lights and displays at Tompie Dyer Park, City Hall complex and the City Hall/Historical Park Connection between Sable Lane and Farmers Branch Lane along Denton Drive. Seven bid packets were distributed to electrical contractors. Two bids were received, both meeting specifications. The low bid was received from Groves Electrical Service, Inc. in the amount of $147,947.00. Groves Electrical Services, Inc. has provided adequate qualifications and references for similar work. The City Engineer recommends that the Holiday Lighting Program Electrical Distribution be awarded to Groves Electrical Service, Inc. in the amount of $147,947.00 by adopting Resolution No. 91-133. Councilman Phelps asked if the bidders had record of how much is in the budget for these projects since the low bid had only a $53 difference than the next bidder. Mayor Blair stated this was public record. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 91-133 awarding the bid for the holiday lighting program electrical distribution to Groves Electrical Service, Inc. in the amount of $147,947.00. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair asked for reports and requests. Mayor Blair asked for travel approval from City Manager Richard Escalante and himself for an emergency trip made to Austin on September 3, 1991. Mayor Blair explained the trip was made to meet a deadline set by the TACB regarding GNB over their permanent permit. Mayor Blair stated the trip was successful over some items but not successful over the amount of lead GNB could emit. City Manager Richard Escalante stated the meeting concerned GNB's 15 year permit. Mr. Escalante explained the City will continue to negotiate and if not successful the City could appeal the permit within 30 days of issuance. Mr. Escalante stated the City would make a request to appeal the permit if not negotiated. A motion by Councilman Pyle, a second by Councilwoman Davis, all voting "aye", approved the trip to Austin on September 3, 1991 for Mayor Blair and City Manager Richard Escalante meeting with the TACB regarding GNB. City Manager Richard Escalante gave an informative report on a 3CMA conference held in San Antonio on September 5, 1991. Mr. Escalante stated the conference dealt with Vol. 61, Page 53 communication and economic development. D.7 CITIZEN PARTICIPATION. Mr. Steve Edmiston came forward and explained the Farmers Branch Times newspaper had written he had opposed the tax increase. Mr. Edmiston explained he had never said he was against the increase but rather approved the tax increase. F.1 ADJOURNMENT. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", adjourned the City Council meeting of September 9, 1991, at 9:31 P.M. Mayor City Secretary Vol. 61, Page 54