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1994-12-05 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING DECEMBER 5, 1994 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem it i Dave Blair Ron Pyle Bill Moses Bob Phelps Nancy Hardie Calla Davis The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Communication Director Economic Development Director Director of Community Services Director of Planning City Engineer Director of Finance Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works City Management Assistant Traffic Engineer Recording Secretary Richard L. Escalante John Burke Linda Tidwell John Boyle Ruth Ann Parish Donna Huerta Norma Nichols Tom Scales Michael Spicer Jerry Murawski Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux David Reedy Dave Davis Cindee Peters Vol. 67, Page 128 Mayor Blair called the City Council Meeting of December 5, 1994 to order at 7:30 P.M.. The meeting was televised. A.1 INVOCATION. Councilman Moses gave the invocation. Cub Scout Pack 716 of Montgomery Elementary posted the colors of the flag and led the pledge of allegiance to the flag. MAYOR BLAIR ANNOUNCED THE MEETING OF THE CRIME WATCH PROGRAM WAS TO BE ON TUESDAY, DECEMBER 6, 1994 IN THE CITY COUNCIL CHAMBERS AT 7:30 P.M. A.2 PRESENTATION OF COMMUNITY BUILDER'S AWARD BY THE JAMES A. SMITH LODGE. Mayor Blair explained each year the James A. Smith Lodge elects a resident of Farmers Branch to receive the Community Builder's Award. Mayor Blair announced that this year's winner was Nancy Strickland. Mayor Blair gave a brief summary of all the volunteer work Ms. Strickland performs for the community and presented the award to her. A.3 CONSIDER ACCEPTING A $10,000 DONATION FROM THE FRIENDS OF THE FARMERS BRANCH MANSKE LIBRARY TO BE USED FOR A STAND-ALONE AUTOMATED SYSTEM AT THE LIBRARY AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The current automated catalog system at the Farmers Branch Manske Library has been operational since 1975. The City Council approved the purchase of a new stand-alone automated catalog system with the adoption of the 1994-95 Budget. At the Friends of the Farmers Branch Manske Library Board meeting on November 17, the members voted to contribute $10,000 toward the purchase of the new system. The Friends have raised these funds by sponsoring book sales, annual English teas and barbecue dinners featuring Texas authors. On October 21, they held a literary auction and chili dinner which raised $3,200 toward this project. The Friends have donated many other gifts to the Library including a walker for physically challenged library users, a puppet theater and a microfilm reader-printer worth $6,500. All of these gifts were purchased with funds that the Friends raised. Vol. 67, Page 129 The Library Director recommends accepting the $10,000 donation from the Friends of the Farmers Branch Manske Library to be used toward the purchase of a stand-alone automated system at the Library. Joan Abbey, President of the Friends of the Farmers Branch Manske Library, and other members of the organization presented the check to Mayor Blair. A motion by Mayor Pro Tem Pyle, a second by Councilman Phelps, all voting "aye", accepted the donation from Friends of the Farmers Branch Manske Library. A.4 INTRODUCTION OF ANDREA RUTLEDGE BY DONNA GRONSTAL PYLE. Mayor Blair stated this item was conducted in Study Session due to a conflict in scheduling for Ms. Andrea Rutledge. A.5 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a ten year employee service award to Traci Jones of the Engineering Department. Mayor Blair stated that Catfish Montgomery had a presentation to make at this time. Catfish Montgomery presented Mayor Blair with a picture of Coach Tom Landry in a recent golf tournament to benefit the Shriner's Childrens Hospital. Mayor Blair left the Council Chambers at this time to visit with Cub Scout Pack 716. Mayor Pro Tem Pyle chaired the meeting. A.6 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 Mayor Pro Tem Pyle 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 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 Councilwoman Hardie, a second by Councilman Moses, all voting "aye", added item D.2 to the consent agenda. Vol. 67, Page 130 A motion by Councilwoman Hardie, a second by Councilman Phelps, all voting "aye", approved the following Consent Agenda. B.1 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 2145 GRANTING A LICENSE TO SPORT SUPPLY GROUP, INC. TO CONSTRUCT, INSTALL, OPERATE AND MAINTAIN A FIBER OPTIC CABLE WITHIN DEDICATED PUBLIC STREET RIGHT-OF-WAY. AN ORDINANCE GRANTING A LICENSE TO SPORT SUPPLY GROUP, INC. TO CONSTRUCT, INSTALL, OPERATE AND MAINTAIN FIBER OPTIC CABLE WITHIN DEDICATED PUBLIC STREET RIGHT-OF-WAY; PROVIDING AN ANNUAL FEE; PROVIDING FOR REVOCATION AND TERMINATION; PROVIDING FOR A HOLD HARMLESS AGREEMENT AND INSURANCE; PROVIDING FOR WRITTEN ACCEPTANCE BY THE LICENSEE; PROVIDING AN EFFECTIVE DATE. D.2 ADOPTED RESOLUTION NO. 94-150 AUTHORIZING THE APPROVAL OF A LICENSING AGREEMENT WITH THE TOWN OF ADDISON FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A SEWER LINE IN THE CITY OF FARMERS BRANCH WITHIN MARSH LANE STREET RIGHT-OF-WAY. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative update and status report on the happenings of various city projects. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF KATHRYN BAKER MONTGOMERY TO GRANT A SPECIFIC USE PERMIT TO ALLOW MOTOR VEHICLE SALES, INSTALLATIONS, AND REPAIR AT 12731 DENTON DRIVE, WITHIN THE CITY HALL SUBDISTRICT OF THE PLANNED DEVELOPMENT NUMBER 70 (PD-70) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Pyle stated that consideration of this request was continued from the Council's November 21, 1994 meeting. The applicant owns a 0.8 acre lot, located at 12731 Denton Drive. It is a "through" lot having frontage on both Rossford Street and Denton Drive. Three adjoining structures presently occupy the property: (1) a one-story brick building containing 5,900 square feet of space which is being used as a ceramics shop, (2) a two-story single family residence, approximately 3,400 square feet in area, which is presently occupied, and (3) a one-story concrete block Vol. 67, Page 131 office/warehouse, approximately 1,200 square feet in area, which is currently vacant. All three of these structures are contiguous, however, there is no internal access between them. The ceramics shop building fronts Denton Drive and is the space to be occupied by the motorcycle business. All sales, repairs, and installations would be conducted indoors and there would be no outside storage or display of any kind. Existing land uses abutting the proposed site include: the DART park and ride facility to the north, Denton Drive and railroad right-of-way to the east, a motor vehicle accessories sales and installations shop to the south, and Rossford Street and the Word of Faith church to the west. As of November 29, 1994, the applicant informed Staff that there is no prospective tenant for the property and requested that consideration of this item be continued until February 20, 1995. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit be granted subject to the following conditions: 1. That all sales, repairs, and installations be conducted indoors and there be no outdoor storage or display of merchandise of any kind. 2. That the existing pole sign fronting Denton Drive be removed. 3. That should use of an on-site dumpster become necessary, its location and screening shall comply with the requirements of the zoning district as is reasonably practicable and shall be subject to Staff approval. 4. That prior to the issuance of a Certificate of Occupancy all inoperable vehicles, outdoor storage and debris shall be removed from the property, the existing metal canopy along the north side of the building shall be removed or repaired, and all three contiguous buildings shall be painted. 5. That once the current occupant residing on-site vacates the premises, residential use of the property shall cease permanently. There being no comments, a motion by Councilman Phelps, a second by Councilwoman Hardie, all voting "aye", continued consideration of this item until February 20, 1995 as requested by the applicant. Vol. 67, Page 132 C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF "2430 VALLEY VIEW PARTNERSHIP" TO GRANT A SPECIFIC USE PERMIT TO ALLOW MOTOR VEHICLE SALES, INSTALLATIONS, AND REPAIR AT 2430 VALLEY VIEW LANE, WITHIN THE FREEWAY SUBDISTRICT OF THE PLANNED DEVELOPMENT NUMBER 70 (PD-70) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Pro Tem. Pyle presented the following information for consideration. 2430 Valley View Lane is the address of the existing one-story shopping center located at the southeast corner of Valley View Lane and Stemmons Freeway. The shopping center contains approximately 17,000 square feet of space and is presently vacant. The applicant now owns the shopping center and intends to lease 10,000 square feet of space to Biker's Dream Inc., a new and used motorcycle sales, repair and accessories shop. As originally proposed, the use would be wholly enclosed indoors and have no outside storage or display of any kind. The service area will be accessed from the rear of the building and will not be visible from Valley View Lane. Within the Old Farmers Branch Special District, reasonable exceptions to development standards may be requested of the Planning and Zoning Commission. At the applicant's request, the Commission granted three exceptions to the pole sign regulations: (1) an increase in sign area from 200 to 300 square feet, (2) a decrease in the setback along the Stemmons Freeway right-of-way from 30 feet to 5 feet, and (3) a reduction in the amount of landscaped area to be provided at the base of the sign from 300 square feet to 150 square feet. During the Planning and Zoning Commission meeting, the applicant also requested that a limited amount of outdoor display area be provided on-site. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit be approved with the following conditions: 1. That the only types of motor vehicles that may be sold, repaired or worked on in any way shall be motorcycles. 2. That there be no outdoor storage of motorcycles or other merchandise of any kind. 3. That all installation, customization and repair work be conducted exclusively within the building. 4. That the height of the proposed pole sign comply with the requirements of Ordinance No. 2111. Vol. 67, Page 133 5. That during regular business hours only, up to 5 new motorcycles may be displayed outdoors in no more than 2 designated parking spaces, the specific location being subject to Staff approval. Following the Planning and Zoning Commission's action on this SUP request, it was determined that the content of the advertisements notifying the general public and neighboring property owners did not provide adequate reference to outdoor display. Consequently, the Commission's recommendation that limited outdoor display be permitted cannot be acted upon by the City Council. In order to allow any outdoor display, the request would have to be readvertised and reconsidered by both the Commission and City Council at a separate public hearing. Whereas the Council cannot expand the scope of the present SUP request to consider outdoor display, and outdoor storage and display are already otherwise prohibited by PD-70, Staff recommends the request be approved subject to the same conditions recommended by the Commission with the exception of conditions 2 and 5. Furthermore, if so desired by Council, Staff will immediately initiate the necessary procedures to expedite a subsequent SUP to allow outdoor display as recommended by the Commission. Mayor Pro Tern Pyle opened the public hearing. Mr. Casey, a partner of 2430 Valley View Partnership, distributed pictures of the operation which is based in California. Mr. Casey stated this would be a Harley Davidson motorcycle dealership. There being no other comments, a motion by Councilwoman Hardie, a second by Councilwoman Davis, all voting "aye", closed the public hearing. Councilwoman Davis asked Mr. Casey if he was aware of the letter the City Council had received requesting this area be allowed to serve alcoholic beverages. Mr. Casey stated he had been informed of the letter earlier, however the letter had nothing to do with their request. Councilwoman Davis stated she believed there was a video describing the proposed business. Mr. Scales stated there was a short video on the proposed business. Mr. Scales requested the Communication Department show the video at this time. Mr. Escalante stated approval of this request would prohibit the outside storage and outside sale of motorcycles at this site. Mr. Escalante asked the applicant if this was fully understood. Vol. 67, Page 134 Mr. Casey stated the applicant understood the conditions and it would create no problems. There being no other discussion, a motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2158 granting the Specific Use Permit subject to the conditions recommended by the Planning and Zoning Commission and as amended by Staff. 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 TO ALLOW MOTOR VEHICLE SALES, INSTALLATIONS, AND REPAIR AT 2430 VALLEY VIEW LANE WITHIN THE FREEWAY SUBDISTRICT OF THE PLANNED DEVELOPMENT NUMBER 70 (PD-70) 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 EFFECTIVE DATE. Councilwoman Davis asked when renovation of the building would start and the approximate date the business would open. Mr. Casey stated with this approval plans to renovate the building would begin tomorrow and the business has plans to be open by January 1995. CA CONSIDER REQUEST BY TOM TAYLOR ON BEHALF OF THE TEXAS STATE ASSOCIATION OF FIRE FIGHTERS AND LOCAL 3325 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS TO MEET WITH THE CITY COUNCIL TO DISCUSS CERTAIN HOLIDAY AND VACATION TIME FOR FIRE FIGHTERS AND RESTITUTION AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Pyle presented the following information for consideration. This request has been placed on the agenda at the request of Mr. Tom Taylor, a resident of Farmers Branch, representing the Texas State Association of Fire Fighters and Local 3325 of the International Association of Fire Fighters. Mr. Tom Taylor stated he was a resident of Farmers Branch and a former fire fighter. Mr. Taylor gave a brief history of regulations regarding holiday and vacation time for Farmers Branch fire fighters. Mr. Taylor felt restitution was due the fire fighters and felt a meeting of the minds could accomplish this request. Vol. 67, Page 135 Mayor Pro Tem Pyle explained in Study Session the City Council has never gotten involved in personnel matters with employees. Mayor Pro Tem Pyle stated the City Councilmembers still concur that this should be handled within the administration level. Mayor Pro Tem Pyle stated the City Council would take no action on this item. D.1 CONSIDER ADOPTING ORDINANCE NUMBER 2156 AMENDING THE CODE OF ORDINANCES BY ADDING SECTION 17-89 ENTITLED "LAWN AND GARDEN MAINTENANCE EQUIPMENT" AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Pyle presented the following information for consideration. The City of Farmers Branch has recently been requested to consider standards that would help limit disturbing early morning and late night noises in residential neighborhoods that are caused by the use of powered lawn care equipment such as mowers, edgers, clippers, and garden tillers. Proposed Ordinance Number 2156 amends the City's noise regulations and prohibits the use of powered lawn care equipment, when within one hundred (100) feet of a residence, before the hours of 7:00 a. m. and after 9:30 p.m. Monday through Saturday, and before 9:00 a.m. and after 9:30 p.m. on Sundays. The City Staff recommends that Ordinance Number 2156 be adopted regulating the use of powered lawn and garden equipment within one hundred (100) feet of a residence. There being no discussion, a motion by Councilwoman Hardie, a second by Councilwoman Davis, all voting "aye", adopted the following captioned Ordinance Number 2156 regulating the use of lawn and garden equipment to help prevent noise disturbances in residential zones. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ARTICLE 5 OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, TEXAS, BY ADDING SECTION 17-89 REGULATING THE USE OF LAWN AND GARDEN MAINTENANCE EQUIPMENT; 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; PROVIDING FOR AN EFFECTIVE DATE. AT 8:25 P.M. MAYOR BLAIR RETURNED TO THE CITY COUNCIL MEETING AND ASKED MAYOR PRO TEM PYLE TO CONTINUE CHAIRING THE MEETING. D.2 CONSENT. Vol. 67, Page 136 D.3 CONSIDER ADOPTING RESOLUTION NO.94-151 APPROVING STREETS FOR INCLUSION IN THE STREET RESURFACING PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Pyle presented the following information for consideration. An important element of the City's commitment to maintain its streets, is the Street Resurfacing Program. On August 15, 1994, Staff presented a revised street resurfacing and reconstruction program. Specific goals for resurfacing and reconstruction were set for the next four years. The resurfacing goal for this year is 11.3 lane-miles. The following streets have been recommended for asphalt resurfacing this year in order to achieve this year's goal of 11.3 lane-miles: Amsterdam.......... Ridgeoak to Cloverdale Cloverdale......... Templeton to Amsterdam Dennis Richland to Josey Distribution....... Denton to Valwood Eric Josey to Webb Chapel Goodwater.......... Havenhurst to Richland Heartside.......... Valwood to Fyke Leta Mae........... Ford to Tom Field Longemeade......... Webb Chapel to Castleton Mount View......... Epps Field to Tom Field Phyllis............ Veronica to Webb Chapel Ridgeoak........... Amsterdam to Templeton Squire Denton to Bee Templeton.......... Ridgeoak to Myra Valley View........ C&RI RR to IH35 Wasina Brandywine to Dennis Supplement Streets: Fruitland.......... Denton to Bee Heartside.......... Rawhide to Josey Hollandale......... Dennis to Heartside Janwood........... . Rawhide to Josey If approved by Council, notices will be sent to property owners abutting the streets to be resurfaced, including the supplemental streets, and a Public Notice will be prepared for publication in local newspapers. The notification will inform residents of the petition process required to request a public hearing to discuss the procedures to be followed to have their street reconstructed with portland cement concrete in lieu of asphalt resurfacing, and the procedures for overlay deferral of two years. Vol. 67, Page 137 The estimated total cost for the resurfacing, including roto milling, panel replacement, curb and gutter repair, and construction of barrier-free ramps is $394,000. The Non Bond Capital Improvement Program has $394,000 budgeted in the 1994-95 Resurfacing Program. The City Engineer recommends adopting Resolution No. 94-151 approving the list of streets for resurfacing and initiating the notification of property owners. Mayor Blair asked how many of the streets will be roto-milled? Mr. Jerry Murawski, City Engineer, explained approximately one-half of the streets are existing asphalt and will be roto-milled. Mr. Murawski stated those streets which are concrete will be edge-milled. Mr. Murawski stated every street will be paved curb to curb with no confined edge. There being no further discussion, a motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", adopted Resolution No. 94-151 approving the list of streets for resurfacing and initiating the notification of property owners. D.4 CONSIDER ADOPTING RESOLUTION NO 94-152 AWARDING A BID TO LONGHORN INC. FOR IRRIGATION SUPPLIES FOR THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Pyle presented the following information for consideration. The bid requests for the annual irrigation supplies used in the maintenance and repair of existing irrigation systems in the Farmers Branch park system were sent to five vendors. Four bids were returned and all met specifications. Prices bid will be honored through September 30, 1995. This bid package will insure that an adequate irrigation supplies will be available throughout the year. All vendors were notified in the specifications that the total low bid would be awarded to the lowest overall bidder. The low bid, $36,306.02, was submitted by Longhorn, Inc. There is $40,000 budgeted for irrigation supplies in the 1994-95 budget. The Director of the Parks and Recreation Department recommends adopting Resolution No. 94-152 awarding a bid to Longhorn, Inc. for irrigation supplies for the Parks and Recreation Department in the amount of $36,306.02. There being no discussion, a motion by Councilman Moses, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 94-152 awarding a bid to Longhorn, Inc. for irrigation supplies for the Parks and Recreation Department in the amount of $36,306.02. Vol. 67, Page 138 D.5 CONSIDER ADOPTING RESOLUTION NO. 94-153 AWARDING THE BID FOR SIDEWALK REPAIRS AT VARIOUS LOCATIONS AND RAWHIDE PARK WALK EXTENSION TO GERRY'S CONCRETE AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Pyle presented the following information for consideration. Requests for bids on the 1994-1995 sidewalk repair contract were mailed to nine vendors. Two bids were received and opened on November 18, 1994. Both bids received met specifications. The lowest bid meeting specifications was submitted by Gerry's Concrete. All items were bid on a unit price basis. The two major items, 4" sidewalk repair and 4" new sidewalk installation were bid at $3.95 per square foot and $3.79 per square foot respectively. Also bid were barrier free ramp installation, 6" thick sidewalk repair and sod installation. The sidewalk repair contract was estimated at 21,000 square feet. The contractor bid $3.95 per square foot for a total of $82,950.00. Funds in the amount of $75,000.00 are available in the 1994-1995 Public Works operating budget. Payment will be made on an actual unit price basis not to exceed $75,000.00. The Rawhide Park walk extension project was estimated at a quantity of 12,400 square feet. The contractor bid $3.79 per square foot, for a total of $46,996.00. Funds in the amount of $50,000.00 are available in the 1994-1995 Capital Improvement Program Non-Bond Projects budget for the sidewalk extension. Payment will be made on an actual unit price basis not to exceed $50,000.00. Staff recommends that the City award the bid for sidewalk repairs at $75,000.00 and the Rawhide Park walk extension project at $50,000.00 to Gerry's Concrete for a total amount not to exceed $125,000.00. The Director of Public Works recommends adopting Resolution No. 94-153 awarding the bid for sidewalk repairs at various locations and the Rawhide Park walk extension to Gerry's Concrete for a total payment not to exceed $125,000.00. Mayor Blair stated since this was awarded on a not to exceed basis, such as a specific square foot quantity for a specific price, would the City go to the maximum? Mr. Mark Pavageaux, Director of Public Works, stated the City plans to use all the money, since it is paid for on a unit price basis. Mr. Pavageaux explained staff averaged what a repair will take, but the City will use the whole dollar amount. There being no further discussion, a motion by Councilwoman Hardie, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 94-153 awarding the bid for sidewalk repairs at various locations and the Rawhide Park walk extension to Gerry's Concrete for a total payment not to exceed $125,000.00. Vol. 67, Page 139 D.6 CONSIDER ADOPTING RESOLUTION NO. 94-154 AWARDING THE BID FOR CLEANING AND SEALING OF JOINTS AND CRACKS IN VARIOUS STREETS TO SILVER CREEK CONSTRUCTION AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Pyle presented the following information for consideration. The Public Works Department currently administers an annual crack and joint seal contract. This program includes sealing of joints and cracks in 25 lane miles each year for the next five years. This goal was established and discussed with Council during the budget workshop last summer. The 1994-1995 program will seal 28 lane miles. Bid requests were mailed to seven vendors. Three bids were received and opened on November 18, 1994, with all bids meeting specifications. The lowest bid meeting specifications was submitted by Silver Creek Construction in the amount of $87,230.00. Funds in the amount of $100,000.00 are available in the 1994-1995 Public Works operating budget to finance the project. The Director of Public Works recommends adopting Resolution No. 94-154 awarding the bid for cleaning and sealing of joints and cracks in various streets to Silver Creek Construction in the amount of $87,230.00. There being no further discussion, a motion by Councilwoman Hardie, a second by Councilman Moses, all voting "aye", adopted Resolution No. 94-154 awarding the bid for cleaning and sealing of joints and cracks in various streets to Silver Creek Construction in the amount of $87,230.00. D.7 CONSIDER ADOPTING RESOLUTION NO. 94-155 AND RESOLUTION NO. 94- 157 DETERMINING THE NECESSITY OF ACQUIRING RIGHT-OF-WAY FROM PROPERTIES LOCATED AT 3678 AND 3679 BROOKHAVEN CLUB DRIVE FOR STREET IMPROVEMENTS AT THE INTERSECTION OF MARSH LANE AND BROOKHAVEN CLUB DRIVE AND AUTHORIZING THE USE OF CONDEMNATION OR APPROPRIATION FOR ACQUIRING SAID RIGHT-OF- WAY AND TAKE APPROPRIATE ACTION. Mayor Pro Tem. Pyle presented the following information for consideration. The construction of two right turn lanes at the intersection of Marsh Lane and Brookhaven Club Drive are necessary to reduce traffic congestion. In order to construct the two right turn lanes the City must acquire right-of-way from two separate properties located at 3678 and 3679 Brookhaven Club Drive. Vol. 67, Page 140 On November 10, 1994, staff contacted Mr. W. R. Skipping, President of Phaeton Capital Group, the apparent owner of the two properties, and offered to purchase right-of-way to construct the two right turn lanes. Mr. Skipping requested that he be given until December 10, 1994 to respond to the City's offer. Staff recently discovered that Mr. Skipping had deeded the property located at 3679 Brookhaven Club Drive to Ed Snider, Robert Nelson and Ken Garret, doing business as, Quest Construction Company. Resolution No. 94-155 and Resolution No. 157 authorizes the purchase of the properties in the amount of the offer or, if the offer is declined, the resolutions authorize the use of condemnation in order to acquire the properties. The City Engineer and the City Attorney recommend adopting Resolution No. 94-155 and Resolution No. 94-157 determining the necessity of acquiring right-of-way from properties located at 3678 and 3679 Brookhaven Club Drive for street improvements at the intersection of Marsh Lane and Brookhaven Club Drive and authorizing the use of condemnation or appropriation for acquiring said right-of-way. Mayor Pro Tem Pyle stated Mr. Skipping attended the Study Session to discuss this item with City Council. Mayor Pro Tem Pyle explained discussion is still on going and action tonight does not stop those discussions and will allow the City to initiate acquiring right-of-way. There be no further discussion, a motion by Mayor Blair, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 94-155 and Resolution No. 94-157 determining the necessity of acquiring right-of-way from properties located at 3678 and 3679 Brookhaven Club Drive for street improvements at the intersection of Marsh Lane and Brookhaven Club Drive and authorizing the use of condemnation or appropriation for acquiring said right-of-way. D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no travel reports or requests. D.9 CITIZEN PARTICIPATION. Mr. Nick Korba came forward and stated a neighbor drains his construction site which causes his newspapers to get wet. Mr. Korba stated there was an ordinance from draining a swimming pool into the street and felt this ordinance might apply to draining of a construction hole. Mr. Korba stated this construction has been ongoing for approximately four years. Vol. 67, Page 141 Mr. Tom Scales stated his staff has been in contact with the neighbor. Mr. Scales stated the man works on the project part-time, and drains the hole after rains. Mr. Scales explained the building code states there is no time limit as long as there is progress on the project and therefore the gentlemen is not in violation. Mayor Pro Tem Pyle stated in the Epps Field area there was a house in which the City did require a time limit. Mr. Scales stated on remodeling of the exterior of a house does require a six month completion period. Councilwoman Davis asked if pumping the construction site was causing any contamination into the sanitary sewer system. Mr. Scales stated there was no contamination as far as he knew. Mr. Scales explained the gentleman has given staff a schedule for completion but there is no time frame the City can apply. Mr. Escalante stated staff could look at time limits if the City Council requests, because this is not the first time there have been complaints over uncompleted projects. Councilwoman Hardie asked if the neighbor could cover the project during rains. Mr. Scales stated staff could contact the gentleman and ask him to cover the project. Mayor Blair suggested the City look at time limits. Councilwoman Davis asked if the construction hole is a hazard. Mr. Scales stated the construction site is completely secured from anyone entering from the outside. MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR 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 TO CONSIDER ANY NECESSARY ACTION. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. DISCUSSION BEGAN AT 8:55 P.M. Vol. 67, Page 142 E.la DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS POSSIBLE SALE OF THE VALWOOD BOWLING ALLEY LOCATED AT DENNIS LANE AND VALWOOD PARKWAY. The City Staff briefed the Mayor and members of the City Council relating to the possible sale of the Valwood Bowling Alley. E. lb DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE - SECTION 551.071 1. DISCUSS CONTEMPLATED LITIGATION RELATIVE TO CITY OF FARMERS BRANCH VS. GABAY. City Attorney John Boyle briefed the Mayor and members of the City Council relating to the City of Farmers Branch VS. Gabay. THE EXECUTIVE SESSION CONCLUDED AT 9;35 P.M. THE COUNCIL RECONVENES INTO GENERAL SESSION. 1 E.2 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated that no action was necessary for the item discussed in the Executive Session relating to land acquisition. The City Staff briefed the Mayor and members of the City Council on this item. E.3 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated that no action was necssary on the litigation of City of Farmers Branch VS. Gabay discussed in the Executive Session. The City Attorney briefed the Mayor and members of the City Council on this item. F.1 ADJOURNMENT. A motion by Councilwoman Hardie, a second by Councilman Phelps, all voting "aye", adjourned the City Council meeting of December 5, 1994, at 9:35 P.M. or City Secretary Vol. 67, Page 143