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1997-07-07 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JULY 7, 1997 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Bob Phelps Calla Davis Charlie Bird Berry Grubbs Bill Moses James Robbs The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Economic Development Director Director of Community Services Director of Planning City Engineer Director of Finance Director of Parks & Recreation Library Director Police Chief Deputy Fire Chief Fleet Superintendent Director of Public Works Assistant to the City Manager Traffic Engineer Recording Secretary Richard L. Escalante Linda Tidwell-Groomer John F. Burke John Boyle Cindee Peters Norma Nichols Tom Scales Michael Spicer Jerry Murawski Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Mike Nolen Dale Whitney Mark Pavageaux Margaret Somereve Dave Davis Suzanne Reynolds The following members of the City Administration were absent: Director of Communications Donna Huerta Director of Personnel Janet Goad Director of Equipment Services Don Moore Fire Chief Kyle King Mayor Phelps called the City Council Meeting of July 7, 1997 to order at 7:43 P.M. The meeting was televised. A.1 INVOCATION. Volume 75 page 28 Reverend W. W. Baker, retired pastor gave the invocation and Mayor Pro Tern Davis led the pledge of allegiance. A.2 RECOGNIZE JOAN ABBEY FOR RECEIVING THE 1997 CITIZEN OF THE YEAR AWARD FROM THE NORTHEAST TEXAS LIBRARY SYSTEM. Mayor Bob Phelps presented a plaque to Joan Abbey who recently received the distinguished Citizen of the Year Award from the Northeast Texas Library System. A.3 PRESENTATION OF BOARD APPLICATIONS No one presented an application. A.4 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a five-year employee service award to Michael Hairston of the Police Department. A.5 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a ten-year service award to Cindy Batteau of the Public Works Department. A.6 REPORT ON STUDY SESSIONS ITEMS. Mayor Phelps 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 B.1 - B.S. Mayor Phelps stated 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 Tern Davis, seconded by Councilman Grubbs, all voting "aye," approved the following items on the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JUNE 16, 1997. B.2 APPROVED MINUTES OF SPECIAL CITY COUNCIL MEETING OF JUNE 30, 1997. B.3 ADOPTED RESOLUTION NO. 97-087 APPROVING THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION'S ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1996 AS SUBMITTED BY WEAVER AND TIDWELL. Volume 75 page 29 B.4 ADOPTED RESOLUTION NO. 97-088 APPROVING THE AMENDMENTS TO THE 1996-97 OPERATING AND CAPITAL PROJECT FUND BUDGETS OF THE NORTH DALLAS COUNTY WATER SUPPLY B.5 ADOPTED RESOLUTION NO. 97-105 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HBC ENGINEERING, INC. FOR GEOTECHNICAL SERVICES FOR THE FARMERS JUSTICE CENTER. Mayor Phelps read Consent Agenda captions for the audience and home viewers. CA CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status of various projects and activities in the City. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF RONALD A. KINNISON FOR A SPECIFIC USE PERMIT FOR A MASSAGE ESTABLISHMENT TO BE LOCATED AT 13500 MIDWAY ROAD, SUITE 104, AT THE SOUTHEAST CORNER OF ALPHA ROAD AND MIDWAY ROAD AND WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Mr. Kinnison wants to operate a massage therapy establishment, staffed with State licensed massage therapists, at 13500 Midway Road. The proposed business will be known as "Royale Wellness Center" and will occupy 816 square feet of lease space. Article 4512K of the Texas Revised Civil Statute Annotated, specifically addresses the regulation of massage establishments and massage therapists. It sets forth definitions, establishes licensing procedures, limits use of the term "massage" for advertising purposes exclusively to licensed practitioners, and supersedes any local regulations related to the licensing or regulation of massage therapists. It does not affect zoning requirements for massage establishments. A massage establishment is permitted within the Light Industrial zoning district subject to approval of a specific use permit. The Planning and Zoning Commission, by a 5 to 1 vote, recommends the request for a specific use permit to allow a massage establishment at 13500 Midway Road, Suite 104 be granted with the following conditions: 1) The massage establishment shall be operated and specifically located in accordance with the submitted site plan. 2) The on-premise signage identifying the business shall be limited to one window sign no larger than 5 square feet in area and reading "Royale Wellness Center". Volume 75 page 30 3) All massage therapists on Mr. Kinnison's Staff shall submit a copy of their State licenses to City Staff prior to the issuance of a Certificate of Occupancy for a massage establishment. Mayor Phelps opened the public hearing. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," closed the public hearing. Mayor Phelps asked Mr. Kinnison if agreed with the three recommendations by the Planning and Zoning Commission. Mr. Kinnison replied he did agree with the recommendations by the Planning and Zoning Commission. Councilman Grubbs commented that the name of Mr. Kinnison's business would be named the Royale Wellness Center. Councilman Grubbs asked if clientele would be referred to him by physicians. Mr. Kinnison replied a great percentage would be referred by physicians. Councilman Grubbs asked if they did physical therapy. Mr. Kinnison replied not at this time. Councilman Grubbs ask if it would be added in the future. Mr. Kinnison replied if they do he would bring it to the City's attention. Councilman Bird asked Mr. Kinnison when he expected to receive his license. Mr. Kinnison replied the establishment has its license. Councilman Bird also asked Mr. Kinnison when he would receive his state license. Mr. Kinnison replied he has had his state license for six years. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Robbs, adopted the following captioned Ordinance No. 2321, for a specific use permit to allow a massage establishment at 13500 Midway Road, Suite 104 be granted with conditions. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR A MASSAGE ESTABLISHMENT LOCATED AT 13500 MIDWAY ROAD, SUITE 104 AND WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; Volume 75 page 31 PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER THE REQUEST BY A-1 CAR CARE FOR A SPECIFIC USE PERMIT FOR MOTOR VEHICLE REPAIR TRANSMISSION SHOP AT 14010 STEMMONS FREEWAY AND WITHIN PLANNED DEVELOPMENT NUMBER 70 (PD-70) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The proposed site is a 0.76 acre parcel located approximately 820 feet south of Valwood Parkway on the east side of Stemmons Freeway service road. A-1 Car Care has applied for a Specific Use Permit to operate a transmission shop on the site. A-1 Car Care plans to make improvements to the existing building that include: refacing part of the west building wall with red brick and adding a red metal awning, installing store front windows, and constructing masonry screening walls along the south side of the building. A pole sign is proposed along the west side of the building. No additional landscaping is proposed on site. The Planning and Zoning Commission, by unanimous vote, recommends the specific use permit be approved with the following conditions: 1. The type repair performed within the building shall be specifically limited to transmission repair and all transmission repair activities shall take place exclusively within the building. 2. Outdoor storage of vehicle parts is prohibited. 3. Any vehicles kept on-site during hours in which the facility is not open to the public, except those operational vehicles belonging to employees working after hours, shall be stored within the secured parking area or within the building. 4. No outside display of products for sale or otherwise, including vehicles or automotive parts, shall be allowed. 5. Should the masonry screening walls facing Stemmons Freeway and Denton Drive be constructed prior to the construction of building "Z" as designated on the approved site plan, of the Valwood Design Center on the adjoining property to the south, a screening wall of a type approved by the City Staff must be constructed along the south property line to provide screening of the secured parking area or outdoor storage shall be prohibited until such time that the area is screened fully in accordance with the approved site plan. 6. The three parking spaces shown at the southeast corner of the property, designated as employee parking spaces, shall be removed to Volume 75 page 32 allow the dumpster to be serviced. The parking space shown along the west side of the screening wall is not accessible and must be removed. Mayor Phelps opened the public hearing. Mr. Jeff Wright, owner and operator of A-1 Car Care, stated he would be available to answer any questions the Council or public may have. A motion by Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye," closed the public hearing. Councilman Bird asked Mr. Wright if he has been advised of the six conditions recommend by the Planning and Zoning Commission and were they acceptable. Mr. Wright replied the conditions were acceptable. Councilman Moses stated he has visited with Mr. Wright on several occasions and believes his company would be an asset to Farmers Branch. There being no further discussion, a motion by Councilman Moses, seconded by Mayor Pro Tern Davis, all voting "aye," adopted the following captioned Ordinance No. 2322, for a specific use permit with conditions. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMRES BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR MOTOR VEHICLE REPAIR (TRANSMISSION SHOP) AT 14010 STEMMONS FREEWAY, AND WITHIN THE FREEWAY SUBDISTRICT OF THE PLANNED DEVELOPMENT NO. 70 ZONING DISTRICT (PD- 70); PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. C.4 PUBLIC HEARING: AN ORDINANCE NO.2328 DESIGNATING A CERTAIN AREA ELIGIBLE FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT AGREEMENT ON PROPERTY OWNED BY DWJ ENTERPRISES, INC., DBA BUCHANAN PRINTING COMPANY, AT 2400 FORD ROAD, AND DESIGNATING IT AS REINVESTMENT ZONE NO. FOUR, CITY OF FARMERS BRANCH, TEXAS, ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS HERETO AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Buchanan Printing has requested real property tax abatement on their expansion located at 12400 Ford Road, Farmers Branch, Texas. Under Volume 75 page 33 the Texas Tax Code, Section 312.201-312.209, a city is required to establish an area and reinvestment zone prior to approval of the tax abatement. Such reinvestment zone includes the metes and bounds of the property located on Ford Road. In addition, all taxing entities are required to be notified of the impending establishment of a reinvestment zone; however, the creation of same does not obligate the other taxing entities to consider tax abatement. The Tax Abatement and Development Agreement is a related item on this agenda. Staff recommends approval of the Ordinance establishing the Reinvestment Zone No.4. Mayor Phelps opened the public hearing. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilman Bird, seconded by Mayor Pro Tern Davis, all voting "aye," adopted the following captioned Ordinance No. 2328, establishing the Reinvestment Zone No.4. AN ORDINANCE DESIGNATING A CERTAIN AREA ELIGIBLE FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT AGREEMENT AND DESIGNATING IT AS REINVESTMENT ZONE NO. FOUR, CITY OF FARMERS BRANCH, TEXAS, ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS THERETO. D.1 DISCUSS AND CONSIDER PLAN FOR EQUITY, EQUALITY, AND EXCELLENCE ACCEPTED BY THE CARROLLTON/FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES AND ATTENDANCE ZONE MATTERS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated this item was discussed at length during the Executive Session and the Council has decided to make a public statement. Mayor Phelps read the following letter from the Mayor and City Council. July 7, 1997 Dear Citizens of Farmers Branch and the Carrollton Farmers Branch Independent School District: The Farmers Branch City Council believes that two unequal educational systems are developing in the Carrollton-Farmers Branch Independent School District and that the School Board's proposed attendance zones will accelerate this problem. We believe it is important to communicate with you the City's position Volume 75 page 34 and explain any actions the City may be forced to take to protect the future of our community and its children. What are the facts? There is clear and undisputed evidence that: • Elementary schools in the southern portion of the district receive less money than in the rest of the district. • The least experienced teachers are assigned to southern district schools. • Children in the southern part of the district do not share equally in gifted and talented programs. • Students in the southern portion of the district have inferior facilities compared to other district schools. • Test scores and other indicators reflect a serious imbalance in educational achievement by poor and minority students in the district, especially in the southern part of the district. • District administrators have lowered expectations for some students, one administrator remarking that, "You can take a horse to water but you can't make it drink." Such characterization by the District of certain groups of our children is an unacceptable educational philosophy. Is the School Board addressing these issues? The Board of Trustees recently received a staff report which addresses some of the inequities and issues. However, most of the initiatives outlined in the report have yet to be funded, and the high school attendance zones will increase the educational differences between schools in the district. It appears the District's proposed attendance zones will have the following impact if implemented: • The high school attendance zones will create racially identifiable schools. R. L. Turner will become a minority high school and the new north Carrollton high school will be an affluent white school. District staff admitted they did not know the District was under a court order when they developed the attendance zones and therefore they did not apply the court mandated standards when they developed the plan. The School Board still refuses to consider alternatives to address racial and economic polarization, even in view of the court order. • R. L. Turner will be less competitive. The District's attendance zone architect confirmed that the proposed plan will make R. L. Turner less competitive than the District's other high schools. Volume 75 page 35 An administrator even remarked that students might want to attend R. L. Turner High School because it would be easier to become valedictorian. • R. L. Turner students may have to provide their own transportation and be eligible for transfer to participate in the advanced educational opportunities offered by the District, according to District administration. This policy denies educational opportunities to poor and minority students in the southern portion of the district. • While the District has indicated support for neighborhood schools so children can walk or ride a bicycle to school, the District is not providing the same dollars to elementary schools in the southern portion of the district. Has the City attempted to resolve these issues with the District? The City has taken every reasonable effort to resolve the issues including: • The City commissioned and funded a study of the equity issue after the District refused the City's request for one. This study identified educational inequities which the District has never disputed. • The City agreed to invite the Department of Education, Office of Civil Rights, to explain various responsibilities and obligations under existing laws and court orders. The District declined to join in that invitation. • The City participated in mediation sponsored by both the Chamber of Commerce and the United States Department of Justice, and has since expressed a willingness to participate in discussions with the Board on numerous occasions. What does the City propose? The City asks the School District Board of Trustees to: • Comply with the letter and spirit of their continuing obligations under the desegregation court order in all actions, including but not limited to, decisions concerning attendance zones, programs, transportation, and teacher and staff assignments. • Immediately assign teachers to southern district schools who are as experienced as elsewhere in the district. • Change spending patterns immediately to provide, at a minimum, equity spending among the elementary schools, and Volume 75 page 36 put additional programs in place to address the educational challenges existing in the southern part of the district. • Implement an academy or magnet program at R. L. Turner with sufficient funds and commitment to create a premier academic program. The City is interested in working with the School Board to resolve these issues. However, we feel the School Board has been unwilling to negotiate in good faith with the City Council. The City strongly opposes the proposed attendance zones and strongly urges the Carrollton-Farmers Branch School District Board of Trustees to reject them. The Mayor and City Council wish to express these issues publicly in order to fully inform the public of the City's concerns. Sincerely, Bob Phelps Mayor BP/spr D.2 PRESENTATION BY CHIEF OF POLICE CONCERNING PATROL DIVISION SERVICES AND RESPONSIBILITIES. Mayor Phelps stated the Chief of Police will present information to the City Council concerning Patrol Division services and responsibilities. Information to be presented will include statistics concerning crime, calls for service, arrests, traffic enforcement and accident rate. The presentation will give details concerning patrol of residential and business areas, detention services, K-9 service, Adopt-A-School programs, traffic enforcement efforts, and response to special assignments and mutual aid requests. Chief of Police Jimmy Fawcett gave a detailed presentation and a slide show presentation of the responsibilities Police Department Patrol Division. Following Chief Fawcett's presentation Mayor Phelps explained that there has been recent media attention of the patrol division. He stated the Council hears from the public about violations of the law in Farmers Branch and the Police Department is always quick to respond. Mayor Phelps commended the Police on a job well done. Councilman Bird agreed and stated he recently received a letter from a woman who was glad she received a ticket in Farmers Branch because it Volume 75 page 37 showed the department was doing their job. He also commended the Police Department on a job well done. Councilman Grubbs stated he and his family feel safe in Farmers Branch and feel the quality police protection will be a beneficial factor in the City's redevelopment process. Mr. Jack McCall, a Farmers Branch resident stated he and his wife noticed a decrease in speeding and are very satisfied with the quality of service provided by the Police Department. Mayor Pro Tern Davis stated the Police Department does an excellent job in supporting the requests of the residents. Councilman Robbs extended his appreciation to the Police Department for the service to the Community. Mayor Phelps closed the discussion as he addressed Chief Fawcett by stating the entire Council supports the efforts of the Police Department. D.3 CONSIDER RESOLUTION NO. 97-103 AUTHORIZING CITY MANAGER TO EXECUTE A TAX ABATEMENT AND DEVELOPMENT AGREEMENT BETWEEN CITY OF FARMERS BRANCH AND DWJ ENTERPRISES, INC. DBA BUCHANAN PRINTING COMPANY LOCATED AT 12400 FORD ROAD, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Buchanan Printing has requested tax abatement on the real property value of their headquarters building to be constructed at 12400 Ford Road. Buchanan Printing estimates the value of the new structure to be $4,000,000. Based on the City's Tax Abatement Policy, the company qualifies for a municipal 30% real property abatement for five (5) years. The total investment on the site is $10,500,000, including real and personal property. In addition, the company has stated that they will move thirty employees from their Carrollton plant to Farmers Branch. The creation of a reinvestment zone for the Buchanan property is a related item on this agenda. Staff recommends that City Council adopt Resolution 97-103. City Attorney John Boyle stated the current name used "DWJ Printing Enterprises, Inc." should be changed to "DWJ Printing Enterprises L.P., and should be reflected in the motion. There being no further discussion, a motion by Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye," adopted Resolution 97- 103 with the change to reflect DWJ Printing Enterprises, L.P. L D.4 CONSIDER ADOPTING RESOLUTION NO. 97-100 AWARDING THE BID FOR SIDEWALK REPAIRS AND EXTENSIONS AT VARIOUS LOCATIONS TO HENCIE INTERNATIONAL, INC. AND TAKE APPROPRIATE ACTION. Volume 75 page 38 Mayor Phelps presented the following information for consideration. The City began a sidewalk repair program in 1991. Since that time, over 2,550 sidewalks have been repaired or gaps in sidewalks have been connected with new sidewalks. Requests for bids for the 1996-1997 sidewalk repair and extension program, as well as the new sidewalk on the north side of Rawhide Park from Webb Chapel to Longmeade, were mailed to seven vendors. Three bids were received and opened on June 16, 1997. All bids received met specifications. The lowest bid meeting specifications was submitted by Hencie International, Inc., in the amount of $233,250.00. Funds in the amount of $165,000.00 are available in the 1996-1997 Public Works operating budget for the sidewalk repair and extension program. This amount includes $65,000.00 for the repair of existing sidewalk and $100,000.00 for sidewalk extensions. Funds in the amount of $95,000.00 are allocated in the Non-Bond Capital Improvement Program for the Rawhide Park Walk Extension. The total amount of funding available for all three projects is $260,000.00. Staff recommends that the bid for sidewalk repairs and extensions at various locations be awarded to Hencie International, Inc. for a total amount not to exceed $233,250.00. The Director of Public Works recommends adopting Resolution No. 97- 100 awarding the bid for sidewalk repairs and extensions at various locations to Hencie International, Inc. for a total payment not to exceed $233,250.00, and authorizing the City Manager to approve change orders with a total amount not to exceed $10,000.00. Mr. Escalante stated the Council at the last budget deliberation discussed sidewalks and the need to improve sidewalks. Mr. Escalante stated for this reason, staff is able to bring this sizable project to the Council for approval. Mr. Escalante stated one of the questions that came up during the budget review was concerning the lack of sidewalks on Webb Chapel and the ability for citizens to walk from Valley View Lane to the Library. Mr. Escalante also asked what the status of the project is and is it included in this amount. Mr. Escalante stated he would like for Mr. Burke to explain. Mr. John Burke, Assistant City Manager, stated there is $100,000 set aside for the City to use for building sidewalks from the Library to Valley View Lane. Mr. Burke stated there are a number of engineering firms being interviewed for various projects in the City and should be on board by August. Mr. Burke also stated the design should be completed in September, go out to bid in October, and under construction in November of this year. Volume 75 page 39 Mr. Burke commented this sidewalk is an addition to those awarded tonight. Mr. Escalante asked if it was in addition to these funds. Mr. Burke replied it was in addition to these funds. Mr. Escalante stated there will be a second project in the future for the installation of sidewalks on the west side of Webb Chapel. There being no further discussion, a motion by Councilman Grubbs, seconded by Mayor Pro Tern Davis, all voting "aye," adopted Resolution No. 97-100 awarding the bid for sidewalk repairs and extensions at various locations to Hencie International, Inc. for a total payment not to exceed $233,250.00, and authorizing the City Manager to approve change orders with a total amount not to exceed $10,000.00. D.5 CONSIDER ADOPTING RESOLUTION NO. 97-101 AUTHORIZING THE PURCHASE OF SIX REPLACEMENT MEDIUM AND HEAVY DUTY RUCKS FROM DESIGNATED VENDORS, REJECT THE BIDS FOR ONE CONTAINER CARRIER TRUCK AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The 1996-97 Public Works Fixed Asset budget includes $532,000.00 for the purchase of seven replacement vehicles. Bids were opened on May 16, 1997 and six vendors submitted a total of twenty-eight bids. Metro Ford Truck Sales of Dallas submitted the low bids for one 10 yard dump and one 5 yard dump truck totaling $99,195.00. Bond Equipment Company of Dallas submitted the low bid for one side-loading refuse truck in the amount of $104,382.00. Dallas Peterbilt Truck Company submitted the low bid for one front-loading refuse truck in the amount of $118,235.00. Lone Star Truck Center of Houston submitted the low bid meeting specifications for one roll-off refuse truck in the amount of $92,421.00. Village Ford of Lewisville, Texas submitted the low bid for one flat bed dump truck in the amount of $29,800.00. Two bids were received for one container carrier truck that included options not required by the City which placed the bids over budget. Staff recommends rejecting both bids and rebidding this unit. The combined total of all recommended bids is $444,033.00. The Directors of Equipment Services and Public Works recommend adopting Resolution No. 97-101 awarding these bids as described and rejecting the bids and requesting bids for the container carrier truck. There being no discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 97-101 awarding these bids as described and rejecting the bids and requesting bids for the container carrier truck. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE Volume 75 page 40 THE APPROPRIATE ACTION. City Manager Richard Escalante stated from June 8 through June 27, 1997 he attended the Program for Senior Executives in State and Local Government at the Kennedy School of Government at Harvard University. He stated it was the most challenging and fulfilling training program he has participated in. Mr. Escalante stated Harvard University used the case study approach and studied in four different areas: leadership and management, decision making, communicating with the public, and benchmarking. Mr. Escalante stated he brought back valuable insights and information to apply to daily operations in the City. Mr. Escalante stated he appreciates the opportunity to attend this very valuable program at Harvard University. Mayor Pro Tem Davis stated she would like for Mr. Escalante to explain the nomination he received as one of four city managers to go to Japan to work with a municipality. Mayor Pro Tern Davis stated she believes the Council should support Mr. Escalante in this nomination and also that Mr. Escalante should not give up two weeks of his vacation. Mr. Escalante stated there has been four city managers who have be invited to participate in this program and will study in Japan for two weeks. He stated the program is a Fellowship Exchange Program sponsored by the Japan Local Government Center in New York, the Council of Local Authorities for International Relations and Japan's Ministry of Home Affairs. Mr. Escalante stated they would be looking at local government and public administration in Japan. He stated all expenses would be paid by the Japanese government and the other organizations. He stated there would be no expenses incurred by the City other than airfare. Mr. Escalante stated since he participated in other training this year he felt it appropriate to give up two weeks of his vacation to participate in this program. A motion by Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye," approved the City Manager to participate in the 1997 Clair Fellowship Exchange Program and travel to Japan from October 17 through November 1, 1997. D.7 CITIZEN PARTICIPATION. Mr. Nick Korba, 13210 Shahan Drive, thanked the City for putting in his sidewalk. Mr. Korba stated he would like the City to put in a sidewalk in front of Volume 75 page 41 the fire station on Spring Valley so it would connect to the Mobil property. Mr. Korba stated on Spring Valley there are weeds growing along the highway going east. Mr. Korba stated the weeds are five to six feet tall and located from the creek going east. Mr. Korba asked if the City was going to ask Mobil to put in a continuation of sidewalks on the east of their property. Mr. Escalante stated there could not be any discussion but Mr. Scales could answer the question. Mr. Tom Scales, Director of Community Services, stated there is a proposed project. The development company that purchased the Mobil property, the quadrant from the creek to Midway Road, has submitted a project for the City's review. Mr. Scales stated the City is in the process of reviewing the project and the project includes a sidewalk from the creek to the Mobil Station to Midway Road. Mr. Korba asked if a sidewalk in front of the apartments would be added because currently there is only a partial sidewalk. Mr. Scales stated they are required to put in sidewalks. Mr. Korba commented he has a breakfast meeting at McDonald's every morning. He stated when he exits McDonald's on the east side of Josey Lane there are hedges along the sidewalk by the power pole and it is impossible to see cars coming down from the north side of Josey Lane. Mr. Korba asked if they could be cut down half way for more visibility. Mr. Scales stated he would look into it and get back with him. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:00 P.M. STUDY SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:30 P.M. AND CONCLUDED AT 7:35 P.M. FOR THE GENERAL SESSION. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE Volume 75 page 42 OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 a DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE - SECTION 551.074 1. DISCUSS APPOINTMENT TO THE ANIMAL SHELTER ADVISORY COMMITTEE. Mayor Phelps and members of the City Council discussed appointments to various boards. E.1 b DISCUSS LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS LAND ACQUISITION OF PROPERTY ADJACENT TO CITY PROPERTY ON DENNIS LANE AND HAVENHURST. 2. DISCUSS LAND ACQUISITION IN AREA BOUNDED BY TOM FIELD, EPPS FIELD AND DANNY LANE, AND TAKE APPROPRIATE ACTION. 3. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT VALLEY VIEW LANE AND HUTTON DRIVE. Assistant City Managers John Burke and Linda Tidwell gave a report on possible land acquisition at various locations. E.1 c DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. DISCUSS POTENTIAL LITIGATION RELATED TO THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT ATTENDANCE ZONE ISSUE. City Attorney John Boyle and Mayor Bob Phelps updated the City Council on the attendance zone issue. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the appointment to the Animal Shelter Advisory Committee would be postponed until the July 21, 1997 City Council meeting. Volume 75 page 43 E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported City Council authorized staff to negotiate for purchase of land adjacent to city property on Dennis Lane and Havenhurst. Mayor Phelps called for necessary action on land acquisition. A motion by Deputy Mayor Pro Tem Bird, a second by Councilman Grubbs, all voting "aye", authorized the purchase of 12825 Epps Field in the amount of $95,000. Mayor Phelps reported City Council authorized staff to negotiate for purchase of land at Valley View Lane and Hutton Drive. E.4 CONSIDER NECESSARY ACTION ON PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported the City Attorney updated the City Council on the school issue. F.1 ADJOURNMENT. A motion by Deputy Mayor Pro Tern Bird, a second by Councilman Grubbs, all voting "aye", adjourned the City Council meeting of July 7, 1997, at 9:08 p.m.. Mayor City Secretary Volume 75 page 44