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1996-02-05 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING FEBRUARY 5, 1996 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Nancy Hardie Councilmembers Ron Pyle Bill Moses Bob Phelps Calla Davis The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Tidwell Assistant City Manager John Burke City Attorney Stan Lowry Economic Development Director Norma Nichols Director of Community Services Tom Scales Director of Planning Michael Spicer City Engineer Jerry Murawski Director of Equipment Services Don Moore Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Library Director Mary Jane Stevenson Police Chief Jimmy Fawcett Fire Chief Kyle King 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 February 5, 1996 to order at 7:30 P.M.. The meeting was televised. Vol. 71, Page 26 A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 CONSIDER ACCEPTANCE OF DONATION FROM HOME INTERIORS & GIFTS, INC. FOR $2000 TO THE POLICE DEPARTMENT AND $2000 TO THE FIRE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair stated that Home Interiors & Gifts, Inc. has made a contribution of $2,000 to the Police Department and $2,000 to the Fire Department on behalf of their shareholders, associates and employees. Mayor Blair stated this represents Home Interiors & Gifts, Inc. support and appreciation to the Fire Department and the Police Department for service to the community. Mayor Blair explained the donation to the Fire Department will be used to purchase forcible entry training equipment that will be used to teach fire fighters how to gain entry into locked structures. Mayor Blair stated the donation to the Police Department will be used to purchase video tapes used for presentations and training and police officer trading cards. The Fire and Police Chiefs recommend accepting the donation totaling $4000 from Home Interiors Gifts, Inc. for the purchase of forcible entry training equipment, video tapes and police officer trading cards. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", accepted the donation from Home Interiors & Gifts, Inc., to the Fire and Police Departments in the amount of $4,000.00. A.3 CONSIDER ACCEPTANCE OF DONATION OF LANDSCAPE SUPPLIES BY WALMART TO THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair stated that Walmart Stores, Inc., Farmers Branch, wishes to donate various landscape supplies to the Parks & Recreation Department. Mayor Blair explained the donated materials include fertilizer, perennial bulbs, soil amendments, and insecticides. These fall supplies need to be removed from the store shelf to make room for the spring supplies. The estimated value of this donation is $2,000.00. Staff has reviewed the landscape material and recommends acceptance of the donation. The Director of Parks and Recreation recommends accepting the donation of landscape supplies from Walmart Stores, Inc. A motion by Mayor Pro Tem Hardie, a second by Councilwoman Davis, all voting Vol. 71, Page 27 "aye", accepted the donation of landscape supplies from Walmart Stores, Inc. A.4 PRESENTATION OF SERVICE AWARDS. Mr. Toribio Martinez of the Public Works Department could not be present tonight. Ms. Donna Huerta of the Communications Division could not be present tonight. Mayor Blair presented a fifteen year employee service award to Mr. Rickey Coursey of the Public Works Department. A.5 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.6 REPORT ON STUDY SESSION ITEMS. Mayor Blair gave a brief summary of the items discussed in the Study Session held prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. 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 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. Hardie, a second by Councilman Moses, all voting "aye", approved the following Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JANUARY 22, 1996. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status and happenings of various projects in the City. Mayor Blair introduced two boy scouts from Ridgeview Presbyterian Church, Troop 34. Mayor Blair stated they were receiving credit towards their citizenship badge. Vol. 71, Page 28 C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF TRAVELERS REALTY INVESTMENT COMPANY TO AMEND THE PLANNED DEVELOPMENT NUMBER 50 (PD-50) ZONING DISTRICT PERMITTED USES AND DEVELOPMENT STANDARDS AND TAKE APPROPRIATE ACTION. Mayor Blair stated this item was continued from the January 22, 1996 City Council meeting to allow the applicant additional time to review the proposed PD-50 uses and development standards. Travelers Realty Investment Company representatives are still reviewing the proposed development standards and associated developer's contract for PD-50. Mr. Jonathan Vinson, the attorney representing Travelers Realty Investment Company, has requested this item be continued until the March 4, 1996, City Council meeting. Staff recommends that consideration of this request be continued until the March 4, 1996, City Council meeting. A motion by Mayor Pro Tem Hardie, a second by Councilman Pyle, all voting "aye", continued consideration of the request until the March 4, 1996, City Council meeting. C.3 CONSIDER ADOPTING RESOLUTION NO. 96-014 APPROVING A DEVELOPER'S CONTRACT WITH TRAVELERS REALITY INVESTMENT COMPANY FOR PART OF THE CENTREPLACE ADDITION AND TAKE APPROPRIATE ACTION. Mayor Blair stated this item was continued from the January 22, 1996 City Council meeting to allow the applicant additional time to review the proposed Developer's Contract. Mr. Jonathan Vinson, the attorney representing Travelers Realty Investment Company, has requested this item be continued until the March 4, 1996, City Council meeting. Staff recommends that consideration of this request be continued until the March 4, 1996, City Council meeting. A motion by Mayor Pro Tem Hardie, a second by Councilman Phelps, all voting "aye", continued consideration of this request until the March 4, 1996 City Council meeting. Vol. 71, Page 29 CA CONSIDER ORDINANCE NO. 2246 REPEALING ORDINANCE NO. 2240 AND REMOVING THE NORTHBOUND U-TURN PROHIBITION AT WEBB CHAPEL ROAD AT VERONICA AND TAKING APPROPRIATE ACTION. Mayor Blair stated that on January 22, 1996 residents of Damascus Way requested that the City Council reconsider Ordinance No. 2240 which prohibits northbound U- turns on Webb Chapel Road at Veronica Road. In response to the request at that meeting the City Council asked City staff to prepare an ordinance repealing Ordinance No. 2240. Ordinance No. 2240 was adopted on December 18, 1995 in response to the request of residents of Veronica Road at the December 4, 1995 City Council meeting. City staff had evaluated the conditions at the intersection and recommended that northbound U-turns be prohibited. City staff observed that these U-turns could be made at Selma Road with fewer potential cross street traffic conflicts because the traffic volume on Selma Road is considerably lower than Veronica Road. There have been no reported accidents involving U-turning vehicles on Webb Chapel Road at Veronica Road or at Selma Road since 1990. City staff recommends that the U-turn prohibition enacted by Ordinance No. 2240 remain in full force and effect. Mayor Blair stated that it was impossible coming out of Damascus Way to cross three lanes of traffic to make a legal u-turn. Mayor Blair stated this was a violation of state law. Mayor Blair stated the City Council tries to satisfy the concerns of residents. Mayor Blair explained the City could potentially be involved in a law suit if the City repealed the ordinance and an accident occurred. Mayor Blair opened the discussion at this time. Mr. Paul Crider, 12223 Veronica, stated sometimes people are inconvenienced for safety precautions. Mr. Crider stated an example would be seat belts. Mr. Crider explained he would like to see the prohibition remain for safety purposes. Mr. Duane Meyer, 3140 Damascus, stated there have been lots of turns made with no accidents occurring at that site. Mr. Meyer stated he was never notified of the danger residents were living with. Mr. Meyer stated the u-turn was convenient for residents in the area. Ms. Jo Stilgoe-Swain-McDonald, 3131 Damascus Way, stated she works downtown and has never had problems making the u-turn. Ms. McDonald stated if residents go down Marsh they travel in a school zone. Ms. McDonald stated she felt there were two solutions. Ms. McDonald stated the City might install a left turn at Selma or Vol. 71, Page 30 second could cut a median at Damascus. Ms. McDonald stated the additional distance to make a u-turn at Selma causes approximately 820 more gallons of gasoline a year to be used. Ms. Julie Anschutz, 3206 Damascus Way, stated there were 22 people here tonight who support repealing this ordinance. Ms. Anschutz stated this all started because one man had a problem when he turns right from Veronica onto Webb Chapel. Ms. Anschutz passed out to City Council a copy of Vernon Statutes, Section 68 concerning traffic. Ms. Anschutz stated she has spoken with municipal judges and attorneys and they could find no cases concerning this issue. Ms. Anschutz asked that the City Council support the repealing of this ordinance. Ms. Carolyn Vanderhoof, 3235 Damascus Way, stated she was in favor of repealing this ordinance. Ms. Vanderhoof felt it would cause more of a problem with drivers turning around in the driveways on Veronica. Ms. Candy Myers, 3155 Damascus Way, explained she would like to see the sign come down. Ms. Myers stated this situation was not dangerous enough to warrant this kind of attention. Ms. Myers stated if Damascus could not have a u-turn, then all streets in the area should not be allowed u-turns. Mr. Coleman McClure, 3240 Myra, stated the light at the hospital and Webb Chapel helps hold traffic and allows cars from Damascus to make the u-turn. Mr. McClure stated the people on Veronica and Webb Chapel can see approaching cars. Mr. McClure felt that Traffic Engineer Dave Davis was wrong about not recommending a light at Myra and Webb Chapel. Mr. McClure stated he would like to see a study conducted for Myra, Veronica, Damascus Way and the new housing development because of the saturation point. Ms. Susie Meyer, 3140 Damascus Way, stated the City has taken away the safety factor by not allowing residents to make a u-turn. Ms. Meyer stated the new theater and the hospital generate a tremendous amount of traffic. Ms. Meyer stated she finds the City's decision very difficult to understand. Ms. Barbara Knorr, 3130 Damascus Way, stated the stop light at Medical Parkway helps people make the u-turn safely. Mr. Michael J. Bruner, 3225 Myra, explained someone stated tonight it was sometimes an inconvenience for people to be safe and therefore the u-turn should be prohibited. Mr. Bruner stated it was just as much an inconvenience for him not to make the u-turn. Mr. Bruner stated there have been no accidents and does not see the problem of making a u-turn. Vol. 71, Page 31 Ms. Joanne McKnight, 3421 Ridgeoak, stated some people will go south on Webb Chapel to Myra because it is more convenient to turn around in a driveway. Ms. Candy Myers, 3155. Damascus Way, explained when coming home from Albertson's she has to make another u-turn to get back home. Ms. Myers asked the City to cut a median through at Damascus. Ms. Dusky Waters, 12263 Chapelview, explained traffic has reached a saturation level. Ms. Waters stated people turning right from Veronica have to guess if a car on Webb Chapel is turning onto Veronica or making a u-turn. Ms. Waters stated most accidents are not reported unless there is an injury, so the statistics of no accidents at the location maybe incorrect. Mr. McDonald, 3131 Damascus, asked that the City cut a left turn at Brincrest. Mr. John Anschutz, asked why a u-turn is against State law. Mayor Blair asked City Manager Richard Escalante to answer the question. Mr. Escalante stated the City has had no chance to review the document just handed out. Mr. Escalante did state that Section 65 of Vernon Civil Statutes states "no person shall turn a vehicle at an intersection unless the vehicle is in proper position in the roadway as described in Section 65". Mr. Escalante explained Section 65 states the right turn approach and turn shall be made as close as practical to the right hand curb or roadway. Mr. Escalante stated if this procedure is followed, the driver would be past Veronica. Mr. Escalante stated staff was asked to look at the situation and their conclusion was it is not an appropriate u-turn. Mr. Escalante stated if the ordinance is rescinded it can create a real dilemma for the City Council. Police Chief Jimmy Fawcett stated this law has been in effect for some time. Chief Fawcett stated because people have not experienced problems does not mean there are no dangers or hazards. Councilman Phelps stated when this item was discussed in January, the issue was the concern for safety. Councilman Phelps stated the discussion has now turned into a legal issue. Councilman Phelps stated at the last City Council meeting the City Council stated they were in favor of repealing this ordinance. Councilman Phelps asked for a legal opinion if there was 100 feet as stated in the law for people to make the u-turn. City Attorney Stan Lowry stated he concurred with the Police Chief on the statues and guidelines on traffic control. Mr. Lowry stated there was a possibility the City could be charged with negligence if an accident occurred because the City would be in violation of State law.. Vol. 71, Page 32 Mr. Dave Davis, Traffic Engineer, gave a brief description of how a car would have to turn to make a legal u-turn. Mr. Davis felt vehicles would have approximately 60 feet to change three lanes to make the u-turn rather than the required 100 feet. Councilman Pyle stated he did not think the law was an issue. Councilman Pyle explained he thought the u-turn should be allowed. Councilman Moses stated he did not think it was the City's responsibility to make sure drivers make a safe turn. Councilman Moses replied he was against the no u- turn. Mayor Blair explained again this could be a potential legal issue.. Mayor Blair stated there was no right or no wrong decision and just wanted to remind the City Council of that issue. Councilman Pyle stated the City Council needed to make a decision in the best interest of Farmers Branch. Councilman Pyle stated the City has removed two traffic signals on Josey Lane. Councilwoman Davis asked staff to address why a traffic signal at Myra would not be recommended. Traffic Engineer Dave Davis stated people want a traffic signal until they actually have it. Mr. Davis stated the City has removed traffic signals at Villa Creek and Maybrook, and the old McDonald's location on Josey Lane. Mr. Davis stated drivers would wait longer for a traffic signal to change than by a stop sign. Mr. Davis explained that Webb Chapel would get most of the green time. Councilwoman Davis asked if a median cut at Damascus would be recommended. Mr. Davis stated there would not be much physical work involved, however, there is no other place in the City that staff has allowed a conflicting left turn to cross. Mr. Davis explained this is not a design that would be recommended. Mayor Pro Tem Hardie stated since the City Council has been made aware of the danger because there is not sufficient distance and space to make a u-turn, and she could not legally support removing the sign. Mayor Blair replied it is not illegal for the City Council to make a decision one way or another. Mr. Jeff Martin, 3150 Damascus, stated he likes Farmers Branch and Texans use common sense. Mr. Martin stated the law does not define the radius of the curve or length of the car. Mr. Martin wishes the sign to be removed. Vol. 71, Page 33 Mr. Escalante stated the City Council was given a tremendous amount of information at the last City Council meeting. Mr. Escalante stated it is unfortunate that the discussion has focused on Damascus, however that is the location where there is not enough length to make the u-turn. Mr. Escalante stated this does not just apply to the residents of Damascus. Councilwoman Davis stated she originally made the motion to prohibit u-turns because of Mr. Crider's problem. Councilwoman Davis replied she is in favor of repealing the ordinance. Councilwoman Davis felt with the hospital traffic signal helping control the traffic, she felt this was the major reason for repealing this ordinance. There being no further discussion, a motion by Councilman Pyle, a second by Councilman Moses, with Phelps, Davis, Moses and Pyle voting "aye", and Hardie voting "nay", adopted the following captioned Ordinance No. 2246 repealing Ordinance No. 2240 and removing the northbound U-turn prohibition on Webb Chapel Road and Veronica Road. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS REPEALING ORDINANCE NO. 2240, AND PROVIDING A SEVERABILITY CLAUSE. D.1 CONSIDER THE REQUEST OF MS. SHELLEY A. BETTS TO ADOPT ORDINANCE NO. 2247 AMENDING ORDINANCE NO. 1210, REPEALING ORDINANCE NO. 1676, EXTENDING THE SCHOOL ZONE ON VALLEY VIEW; PROVIDING A PENALTY CLAUSE; AND PROVIDING A SEVERABILITY CLAUSE AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Ms. Shelly A. Betts has requested that the school zone on Valley View Lane serving Cabell Elementary School be extended from its current limits to include the intersection of Valley View Lane at Templeton Trail. Currently, the school zone ends approximately 84 feet west of Templeton Trail for eastbound Valley View Lane and begins approximately 650 feet west of Templeton Trail for westbound Valley View Lane. Ms. Betts is concerned that students are crossing Valley View Lane at Templeton Trail instead of the crossing guard location at Belfield Drive. City staff met with Ms. Betts and Ms. Teresa Parker, the school principal, on January 18, 1996. It was the suggestion of City staff, at the January 18, 1996 meeting, to allow the City an opportunity to write the parents of students who live north of Valley View Lane to request their assistance in urging the students to cross Valley View Lane at Belfield Drive, the location of the school crossing guard. The school is assisting in providing the list of students. A letter has been prepared by City staff for Vol. 71, Page 34 mailing to families identified by the school. If the cooperation of the parents and students can be gained, there would be no need to extend the school zone. If the students continue to cross at Templeton Trail the City may wish to consider extending the school zone, however, extending the school zone may create a false sense security for students crossing at Templeton Trail. City staff recommends that the parents of Cabell Elementary school students residing north of Valley View Lane be contacted by letter in order to reinforce the importance of the student's use of the crossing guard located at Belfield Drive. City staff recommends that adoption of Ordinance No. 2247 be considered at a later date, if the behavior of the students cannot be changed. Mayor Blair stated there was some discussion of the extension of the school zone in study session. Mayor Blair explained the school zone stops just short of Templeton Trail. Mayor Blair stated this is an unusual situation with the bridge. Mr. Dave Davis, Traffic Engineer, showed a diagram of Templeton Trail and Valley View. Mr. Davis stated this is a horrible place for students to cross the street. Mr. Davis stated because of the curves in the street drivers can not see the students. Mayor Blair stated because of the last issue on safety it might be advised to extend the school zone, but also felt the school should inform parents to have students cross elsewhere. Ms. Shelley Betts, of 3463 Mapledale and PTA President of Cabell, came forward. Ms. Betts stated it is the objective of the PTA to promote the safety of children. Ms. Betts stated after coming out of the tunnel the children are right on the street. Ms. Betts stated there is no buffer for the children and some cars travel 45 mph on Valley View. Ms. Betts stated the principal is prepared to educate parents at the beginning of each school year of the safety issues and what crosswalk is appropriate. Ms. Teresa Parker, Principal of Cabell, stated it is her liability to get the children to cross at Belfield. Ms. Parker stated she would like the City Council to provide the extended school zone. Mr. John Placstead, 3317 Longmeade, asked the City Council to grant this request. Mr. Placstead stated parents are asking for an ounce of prevention. Mr. Mike Leftwich, 13539 Glenside, felt that was a great concern and the City Council should consider extending the school zone. Ms. Carol John, 13422 Mt. Castle, stated she attended the study session and hopes the City Council passes this ordinance. Vol. 71, Page 35 Councilman Pyle stated he would like to see a letter sent to parents of the children at Cabell informing them as to what crosswalk to use. Councilman Pyle stated he would also like to see a youth officer address the children informing them of the dangers of crossing at Templeton. There being no further discussion, a motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2247 amending Ordinance No. 1210, repealing Ordinance No. 1676, extending the school zone on Valley View Lane. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1210; REPEALING ORDINANCE NO. 1676; PROVIDING A PENALTY CLAUSE; AND PROVIDING A SEVERABILITY CLAUSE. D.2 CONSIDER ORDINANCE NO. 2245 ISSUING THE ELECTION ORDER CALLING FOR A CITY COUNCIL ELECTION FOR MAYOR AND PLACE 2 ON MAY 4, 1996 AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. On May 4, 1996 an election for City Council Mayor and Place 2 will be held a the Farmers Branch Manske Library, 13613 Webb Chapel Road. The Mayor and Place 2 will serve a three year term. Early voting will be held in city hall beginning April 15, 1996 and ending April 30, 1996. The hours for early voting will be 8:00 a.m. to 5:00 p.m., Monday through Friday. The city hall will be open on Saturday, April 27, 1995 for the convenience of the citizens to vote early. In the event the Council wishes to enter into a joint election contract with Dallas County, it will be necessary to amend the election order at a later date. The City Secretary recommends the issuance of the Election Order by adopting Ordinance No. 2245. There being no discussion, a motion by Councilman Phelps, a second by Councilwoman Davis, all voting "aye", adopted the following captioned Ordinance 2245 issuing the Election Order calling for a City Council Election for Mayor and Place 2 to be held on May 4, 1996. ORDER CALLING AN ELECTION FOR MAYOR AND CITY COUNCIL MEMBER, PLACE 2. Vol. 71, Page 36 D.3 CONSIDER RESOLUTION NO. 96-018 TO ADOPT THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AND REPORT TO MANAGEMENT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1995, AS SUBMITTED BY ARTHUR ANDERSEN AND COMPANY AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The City Charter requires an annual audit by an independent Certified Public Accountant. The audit for the year ended September 30, 1995 has been completed and the Comprehensive Annual Financial Report a nd Report to Management have been submitted to City Council. City staff recommends adopting Resolution No. 96-018 to adopt the Comprehensive Annual Financial Report and Report to Management for the year ended September 30, 1995. Mayor Blair stated the Comprehensive Annual Financial Report and Report to Management presented by the audit company was a great report. Mayor Blair stated the citizens of Farmers Branch should be very proud. There being no further discussion, a motion by Mayor Blair, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 96-018 that adopts the Comprehensive Annual Financial Report and Report to Management for the year ended September 30, 1995. DA CONSIDER ADOPTING RESOLUTION NO. 96-006 AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH AND THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT RELATIVE TO CONTRACTING FOR SERVICES FROM THE SCHOOL DISTRICT'S FAMILY SERVICES DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. School District representatives have approached the City about supplemental funding for the District's Family Services Department. Based on information gathered during meetings between the City and School District staff members, City staff believes there is a need for the two positions within the Family Services Department which were funded by the City in 1994-95. One of the positions is a Parent Educator and the other is a part-time Community Liaison. The job descriptions for these positions have been mutually arrived at after consultations between staff members representing the City and the School District. Vol. 71, Page 37 The intent of this agreement is to provide support and services for at-risk students and their parents in overcoming language, cultural, social, and financial barriers that may impede school and citizenship success. The amount budgeted for this item is $50,000 which will be prorated based on a eight month rather than a 12-month service period. From the time of the executed contract until September 30, 1996, the estimated payment to the School District would total approximately $36,000. Staff recommends adoption of Resolution No. 96-006 authorizing the City Manager to execute an interlocal agreement between the City of Farmers Branch and the Carrollton-Farmers Branch Independent School District relative to contracting for services from the School District's Family Services Department. There being no discussion, a motion by Mayor Pro Tem Hardie, a second by Councilman Moses, all voting "aye", adopted Resolution No. 96-006 authorizing the City Manager to execute an interlocal agreement between the City of Farmers Branch and the Carrollton-Farmers Branch Independent School District relative to contracting for services from the School District's Family Services Department. D.5 CONSIDER ADOPTING RESOLUTION NO. 96-017 AWARDING THE BID FOR PURCHASE OF THE ANNUAL SUPPLY OF PAPER REFUSE SACKS TO ARROW INDUSTRIES, INC. AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Bid requests for purchase of the annual supply of paper refuse sacks were mailed to four vendors. The bid request was for 990,000 sacks constructed of 50% one-ply recycled paper and 50% one-ply kraft natural paper, and an alternate bid for sacks made of two ply, 100% natural kraft paper. Three bids were received and opened January 26, The lowest bid meeting specifications was submitted by Arrow Industries, Inc. in the amount of $235,818.00 for 100% natural kraft paper, which was listed as the alternate bid. The cost of each sack is approximately .2382 cents. Staff is recommending that the alternate bid for 100% natural material be awarded, as it was the lowest bid received meeting specifications. Funds in the amount of $230,000.00 are available in the Public Works operating budget for this purchase. The lowest bid submitted is $5,818.00 over the budgeted amount due to an increase in the cost of paper materials, therefore it will be necessary to make an adjustment during the mid-year budget preparation to cover the additional funds. The sacks will be delivered to the residents in late February and again in August. Vol. 71, Page 38 The Director of Public Works recommends adopting Resolution No. 96-017 awarding the bid for purchase of the annual supply of refuse sacks to Arrow Industries, Inc. in the amount of $235,818.00. There being no discussion, a motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 96-017 awarding the bid for purchase of the annual supply of paper refuse sacks to Arrow Industries, Inc. in the amount of $235,818.00. Mayor Blair asked when the first round of sacks would be delivered. Mr. John Burke, Assistant City Manager, stated the staff would start delivery the last 7 to 10 days in February. D.6 CONSIDER ADOPTING RESOLUTION NO. 96-016 AWARDING THE BID FOR THE PURCHASE OF A SUPPLY OF AGGREGATE MATERIALS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Requests for bids for the 1995-1996 supply of Aggregate Materials were mailed to seven 7 vendors. Seven bids were received and opened on January 26, 1996. The bid consisted of sandy loam and five different types of crushed limestone. The lowest bids received meeting specifications were from McComas Materials, Inc. for two items. Big City Crushed Concrete, Inc. for another item, and Marock, Inc. for the remaining three items. Funds in the amount of $56,250.00 are available in the 1995-1996 Public Works operating budget to purchase these items. The Director of Public Works recommends that the 1995-1996 supply of aggregate materials be awarded to the lowest bidders meeting specifications for each item, McComas Materials, Inc., Big City Crushed Concrete, Inc., and Marock, Inc. for a total payment not to exceed $56,250.00. There being no discussion, a motion by Councilwoman Davis, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 96-016 awarding the bids for the 1995-1996 supply of Aggregate Materials for a total payment not to exceed $56,250.00. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no travel reports or requests. Vol. 71, Page 39 D.8 CITIZEN PARTICIPATION. Mr. Coleman McClure, 3240 Myra, asked for the City's help in getting TU Electric to replace street lights. Mr. McClure stated in July and August there were street lights out that he reported. Mr. McClure stated TU Electric took over two months to repair these street lights. Mayor Blair stated the City would help Mr. McClure by calling TU Electric. Mayor Blair asked Mr. McClure to contact the City in the future when a street light was not operable. MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 STUDY SESSION. THE DISCUSSION BEGAN AT 7:06 P.M. AND CONCLUDED AT 7:40 P.M. MAYOR BLAIR ANNOUNCED THAT ACTION ON THE ITEMS DISCUSSED WAS RECESSED UNTIL THE 7:30 P.M. MEETING. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E. la DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074 1. DISCUSS APPOINTMENT TO ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS. 2. DISCUSS APPOINTMENT OF ALTERNATE MUNICIPAL COURT JUDGE. 3. DISCUSS APPOINTMENTS TO THE HISTORICAL PRESERVA- TION AND RESTORATION BOARD. Mayor Blair and members of the City Council discussed the appointments to the various boards indicated above. E. lb DISCUSS LAND ACQUISITION - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS LAND ACQUISITION IN OLD FARMERS BRANCH. Assistant City Manager John Burke gave a report to City Council on appraisals for possible land acquisition on Bee Street. Vol. 71, Page 40 E. lc DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. DISCUSS PENDING LITIGATION WITH GERALD BRUNO, ET. AL. VS. CITY OF FARMERS BRANCH, ET. AL. Mr. Joe Tooley, Attorney for TML, representing the City gave a brief update on this litigation to the City Council. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated he would contact the chairman of the Historical Preservation and Restoration Board and discuss reappointments to the board. A motion by Mayor Blair, a second by Councilman Pyle, all voting "aye", appointed Victor Conrad as Alternate Place 2 on the Zoning Board of Adjustment and Building Code Board of Appeals. A motion by Councilman Phelps, a second by Mayor Pro Tem Hardie, all voting "aye", adopted Resolution No. 96-019 appointed George Sariano to serve the Alternate 2 position as Municipal Court Judge. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated that staff presented appraisal information to the City Council for possible land acquisition. E.4 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated Mr. Joe Tooley attorney with TML representing the City gave a brief update on litigation relating to Gerald Bruno, ET, AL. VS. City of Farmers Branch. MAYOR'S ANNOUNCEMENT. At this point in the meeting, Mayor Blair read a proclamation honoring the United States Troops in Bosnia-Herzegovina. Mayor Blair asked that citizens support our servicemen and servicewomen especially those from Texas. Vol. 71, Page 41 F.1 ADJOURNMENT. A motion by Councilman Moses, a second by Councilman Phelps, all voting "aye" adjourned the City Council meeting of February 5, 1996, at 10:08 P.M. Cale_ Mayor City Secretary 1 Vol. 71, Page 42