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1993-07-12 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JULY 12, 1993 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Calla Davis Councilmembers Ron Pyle Bill Moses Bob Phelps Nancy Hardie The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Steve Carpenter Assistant City Manager John Burke City Attorney John Boyle City Secretary Ruth Ann Parish Communication Director Donna Huerta Economic Development Director Norma Nichols Director of Community Services Tom Scales Director of Planning Michael Spicer City Engineer Jerry Murawski Assistant City Engineer Gary Oshel 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 July 12, 1993 to order at 7:30 P.M.. Vol. 64, Page 135 The meeting was televised. A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. MAYOR'S ANNOUNCEMENT Mayor Blair stated the July 4, Fireworks was spectacular. Mayor Blair stated there were between 50,000 and 60,000 people who came to see the fireworks. Mayor Blair stated one incident happened involving the music. Mayor Blair stated the fireworks show was to be choreographed to music but there were no amplifiers because a generator failed. A.2 CONSIDER ACCEPTING A $300 DONATION FROM MR. FRANK BELCHER TO STOCK FISH IN RAWHIDE CREEK. Mayor Blair stated that Mr. Frank Belcher, 13446 Mount Castle, would like to donate $300 to stock fish in Rawhide Creek, behind the Library. The donation would be used to purchase bass, channel catfish, and bluegill. Mr. Belcher wants to help provide wholesome recreation activities through enhancing fishing opportunities for young people of the community. The donation will be used to purchase 40, 5" to 7" black bass, 50 pounds of 10" to 12" channel catfish, and 60 2" to 3" bluegills. The Director of the Parks and Recreation Department recommends accepting a $300 donation from Mr. Frank Belcher to stock fish in Rawhide Creek. Mr. Belcher stated he had lived many places but no community has compared to living in Farmers Branch. Mr. Belcher presented Mayor Blair with a check. Mayor Blair thanked Mr. Belcher and stated the kids would really appreciated this gift. A motion by Councilman Phelps, a second by Councilwoman Hardie, all voting "aye", accepted the donation from Mr. Belcher. A.3 CONSIDER ACCEPTING DONATION OF A 25 INCH TELEVISION FROM THE WOOLWORTH CORPORATION FOR USE AT THE SENIOR ADULT ACTIVITY CENTER. Mayor Blair gave the following information for consideration. The Woolworth Corporation would like to donate a 25 inch television to the City for use at the Senior Adult Activity Center. The Woolworth Corporation is donating ten televisions to Dallas Vol. 64, Page 136 area Senior Centers as part of their "Texas Salute to Senior Citizen Volunteers." The television, valued at $300, will be used at the Senior Center in the expansion area. The Director of the Parks and Recreation Department recommends accepting the donation of a 25 inch television from the Woolworth Corporation for use at the Senior Adult Activity Center. Mayor Blair stated that Woolworth Corporation also sponsored a luncheon on the Texas Queen on Lake Ray Hubbard. Mayor Blair stated this luncheon honored volunteers in the area who donated their time helping at the Senior Center. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", accepted the donation from Woolworth Corporation. A.4 PRESENTATION OF SERVICE AWARDS. Mayor Blair stated tonight the order of the awards would be reversed. Mayor Blair presented a five year employee service award to Mike Mixon of the Fire Department. Mayor Blair presented a five year employee service award to Garry Jordon of the Police Department. Mayor Blair presented a five year employee service award to Angie Kelly of the Parks and Recreation Department. Mayor Blair stated the next employee service award was to a very special person. Mayor Blair asked members of City Council, City staff, and members of the audience that included former Mayors and Councilmembers who knew Ruth Ann Parish to join in this recognition. Mayor Blair read a history of the service Ruth Ann has performed for the City of Farmers Branch. Mayor Blair then presented a twenty-five year employee service award to Ruth Ann Parish of the Administration Department with recognition of a previous employment of eight (8) years making a total of 33 years dedicated to the city. A.5 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. Mayor Blair stated the City had received an application today from Mr. Albert C. Wagner, a retired captain of the Police Department, who would like to serve on the Parks and Recreation Board or the Planning and Zoning Commission. Vol. 64, Page 137 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.6. 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 Davis, a second by Councilman Phelps, all voting "aye", added items D.3 and D.5 to the consent agenda. A motion by Mayor Pro Tem Davis, a second by Councilman Pyle, all voting "aye", approved the following Consent Agenda. B.1 APPROVED THE MINUTES OF THE CITY COUNCIL MEETING OF JUNE 7, 1993. B.2 APPROVED THE MINUTES OF THE CITY COUNCIL MEETING OF JUNE 22, 1993. B.3 ADOPTED RESOLUTION NO. 93-098 AWARDING THE BID FOR SEVEN LOW BAND MOBILE RADIOS TO MOTOROLA COMMUNICATIONS FOR $7,504.00. B.4 ADOPTED RESOLUTION NO. 93-103 APPROVING A CONSTRUCTION MATERIALS TESTING AGREEMENT WITH TERRA-MAR, INC., FOR JOSEY LANE IMPROVEMENTS FROM LBJ FREEWAY TO NORTH OF VALLEY VIEW LANE IN AN AMOUNT NOT TO EXCEED $23,940.00. B.5 ADOPTED RESOLUTION NO. 93-108 TO ACCEPT EIGHT STREET EASEMENTS TO BE UTILIZED FOR THE JOSEY LANE IMPROVEMENTS. B.6 ADOPTED RESOLUTION NO. 93-109 ACCEPTING A STREET EASEMENT DONATED TO THE CITY OF FARMERS BRANCH BY CARROLLTON- FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT FOR REMOVAL AND RECONSTRUCTION OF SIDEWALK ALONG THE NORTH SIDE OF AMBER LANE. D.3 ADOPTED RESOLUTION NO. 93-095 APPROVING AN AGREEMENT WITH T. U. ELECTRIC FOR THE INSTALLATION OF STREET LIGHTS ON JOSEY LANE BETWEEN LBJ FREEWAY AND VALLEY VIEW LANE. Vol. 64, Page 138 D.5 ADOPTED RESOLUTION NO. 93-114 APPROVING THE INTERIM OUTFALL SEWER AGREEMENT WITH ADDISON FOR THE TRANSPORTATION OF SEWAGE AND FOR THE INDUSTRIAL WASTE PRETREATMENT PROGRAM. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of various projects in the departments of the City. Mr. Escalante stated the City Council meeting dates for the months of August and September have changed. Mr. Escalante stated the only City Council meeting in August will be August 16, 1993. Mr. Escalante stated budget meetings are scheduled for August 5th and August 10th, 1993. Mr. Escalante stated the City Council meetings for September will be September 9th and September 20th, 1993. C.2 PUBLIC HEARING: CONSIDER REQUEST BY MAR THOMA (ST. THOMAS) CHURCH OF DALLAS TO CONSIDER AMENDING THE PLANNED DEVELOPMENT NUMBER 67 (PD-67) ZONING DISTRICT TO ALLOW A CHURCH WITHIN THE ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Planning and Zoning Commission considered the applicant's request at its June 21, 1993 meeting. At that time the Commission requested additional information from Staff and the applicant and continued the public hearing until July 26, 1993. The City Council must receive a recommendation from the Planning and Zoning Commission before taking action on any zoning amendment. The Commission has not made a recommendation, therefore, no action may be taken by the City Council at this time. City staff recommends the public hearing be continued to the August 2, 1993 City Council Meeting. A motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", continued this item until August 16, 1993. C.3 PUBLIC HEARING: CONSIDER A REQUEST FROM PRIZM ARCHITECTS, ON BEHALF OF RALLY'S HAMBURGERS, FOR APPROVAL OF A SPECIFIC USE PERMIT FOR A NON DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOW AT 11925 JOSEY LANE AND WITHIN THE LOCAL RETAIL-2 (LR-2) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Vol. 64, Page 139 Mayor Blair presented the following information for consideration. The subject property is a .489 acre lot located on the north side of the LBJ Freeway service road, west of Josey Lane and south of Villa Creek Drive. The property is presently occupied by a vacant gas station building and is owned by the Exxon Corp. The applicant proposes to raze the gas station and associated structures in order to erect a fast food restaurant, 775 square feet in area, having an outside sales window along its east and west sides. The restaurant will provide out door seating for twenty-four (24) customers on the east side of the building. The applicant also proposes to erect a free standing pole sign, forty (40) feet tall and approximately 240 square feet in area, to be set back 30 feet from the LBJ frontage road and 48 feet from Josey Lane. The height, area and location of the proposed sign do not comply with the Comprehensive Zoning Ordinance sign regulations as applied in the LR- 2 district. The applicant intends to request variances from the Zoning Board of Adjustment (ZBA) which would allow the sign as described. The Planning and Zoning Commission, by unanimous vote, recommends approval of the Specific Use Permit provided the pole sign complies with the Zoning Ordinance sign regulations regarding height and area. The proposed location of the pole sign shall be allowed only upon approval by the Zoning Board of Adjustment. Should the Zoning Board of Adjustment not approve the sign's proposed location, it shall be erected at a location on the property which fully complies with the Zoning Ordinance. Mr. Rich Menyosa, representing Rally's Hamburgers, stated he was available was to answer any questions. Mayor Blair opened the public hearing. There being no one wishing to speak, a motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", closed the public hearing. Councilwoman Hardie asked what the hours of operation would be for this establishment. Mr. Menyosa replied the hours of operation would be 10:30 a. m. until 10:30 p.m. Monday through Thursday and Sunday, and from 10:30 a.m. until 12 midnight on Friday and Saturday. Councilwoman Hardie asked what impact not receiving a variance for the taller sign would have on their business. Mr. Menyosa replied that the design of the building was for 100 % drive-thru and without the taller sign this would greatly reduce business. Vol. 64, Page 140 Councilwoman Hardie stated if this operation was 100% drive-thru what were the 24 parking spaces on the east side of the building for. Mr. Menyosa replied patrons could eat their meal outside in cars but there was not any seating on the inside. Mayor Blair asked if Rally's were to be denied the sign variance, what impact would it have on the operation. Mr. Menyosa replied that he was not sure what decision Rally's would make, but would probably locate the business elsewhere. Mr. Menyosa stated the owners are expecting the major portion of their business from the highway. Mayor Pro Tem Davis asked if Rally's had other locations in the area. Mr. Menyosa replied that they have one under construction in Arlington, three other sites in Arlington, five sites in the City of Dallas, one in Mesquite, one in Garland and three in Fort Worth. Mayor Blair asked if the pole sign at these other locations were the same as they were requesting in Farmers Branch. Mr. Menyosa replied that it would all depend upon the location of each building. Mayor Pro Tem Davis asked if most drivers would already have passed the exit by the time they saw the sign. Mr. Menyosa replied that this is why the owners are requesting the higher sign so patrons would not miss the exit. Mayor Blair made a motion to adopt the following captioned Ordinance No. 2064 approving the restaurant at 11925 Josey Lane in accordance with the recommendation of the Planning and Zoning Commission. Councilman Pyle seconded the motion with Phelps, Davis, Pyle and Moses voting "aye", and Councilwoman Hardie voting "nay". The motion carried 4 to 1: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR A NON DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOWS LOCATED AT 11925 JOSEY LANE, THE NORTHWEST CORNER OF JOSEY LANE AND THE LBJ FREEWAY FRONTAGE ROAD, AND WITHIN THE LOCAL RETAIL-2 (LR-2) ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING Vol. 64, Page 141 FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. Councilwoman Hardie stated this location was a very blackened eyesore because the site had been vacant so long and felt this was not an appropriate location for this operation. CA CONSIDER APPOINTMENT FOR A REPRESENTATIVE TO THE REGIONAL TRANSPORTATION COUNCIL OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated the Regional Transportation Council of the North Central Texas Council of Governments is a very important body because they basically approve all the highway projects. Mayor Blair stated that under the new federal law which is called the Intermodel Surface Transportation Efficiency Act (ICETEA) requires that a local group such as the Regional Transportation Council have the responsibility of choosing the projects. Mayor Blair stated the federal government provides the money to the state and the state provides some of the money. Mayor Blair stated it is now the responsibility of the local government to select these projects and place these projects before the Texas Highway Commission. Mayor Blair stated that Farmers Branch had been represented by Dallas County but now Farmers Branch is grouped in with several smaller cities and also it aligns Farmers Branch with Carrollton. Mayor Blair stated Carrollton has been represented by Mayor Gravley and hoped the City Council would nominate Mayor Gravley to represent the City of Farmers Branch. After some consideration, a motion by Councilman Phelps, a second by Mayor Pro Tem Davis, all voting "aye", nominated Mayor Gravley to represent Farmers Branch on the Regional Transportation Council of the North Texas Council of Governments. D.1 CONSIDER ADOPTING ORDINANCE NO. 2066 AUTHORIZING THE ISSUANCE AND SALE OF CITY OF FARMERS BRANCH, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES, 1993; LEVYING A TAX IN PAYMENT THEREOF; CALLING FOR REDEMPTION PRIOR TO MATURITY CERTAIN OUTSTANDING BONDS OF THE CITY; AND ENACTING OTHER PROVISIONS RELATING THERETO AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. In April 1993, staff discussed with Council the idea of advance refunding certain general obligation bonds sold in 1986, 1989 and 1991. The Council subsequently approved an agreement with Rauscher Pierce Refsnes for financial advisory services and authorized staff to proceed with the refunding. Since that time municipal interest rates have dropped to a point advantageous for a refunding. The bonds ($20,730,000) were sold on July 7, 1993, to an underwriting team of The Principal/Eppler, Guerin & Turner, Inc. and Grigsby, Vol. 64, Page 142 Brandford & Company for net debt service savings of $1,157,485 at an average interest yield of 5.07%. The rate including cost of issuance will be 5.2%. The savings are well above the $850,000 discussed at the mid-year budget meeting and will average $285,982 per year from 1994-1997. Ordinance No. 2066 provides for the issuance and sale of general obligation bonds in the amount of $20,730,000 and enacts other provisions to provide for the sale of these bonds and the advance refunding of certain 1986, 1989 and 1991 bonds. Staff recommends adopting Ordinance No. 2066 providing for the issuance and sale of general obligation bonds in the amount of $20,730,000 to advance refund certain series 1986, 1989 and 1991 bonds. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2066 providing for the issuance and sale of general obligation bonds in the amount of $20,730,000 to advance refund certain series 1986, 1989 and 1991 bonds. AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF FARMERS BRANCH, TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES 1993, IN THE AGGREGATE PRINCIPAL AMOUNT OF $20,795,000; LEVYING A TAX IN PAYMENT THEREOF; CALLING FOR REDEMPTION PRIOR TO MATURITY CERTAIN OUTSTANDING BONDS OF THE CITY; AND ENACTING OTHER PROVISIONS RELATING THERETO. D.2 CONSIDER ORDINANCE NO. 2065 AMENDING EXISTING FRANCHISE NO. 1928 BETWEEN TEXAS UTILITIES ELECTRIC COMPANY AND THE CITY OF FARMERS BRANCH AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. In May of 1991 Ordinance 1928 renewed a Franchise Agreement between Texas Utilities Electric Company (TU Electric) and the City of Farmers Branch. Ordinance 1928 continued to require TU Electric to pay a 3 % franchise fee to the City. Ordinance 1928 also contained a "Favored Nations" clause which would allow the City of Farmers Branch to receive a higher franchise fee if another City served by TU Electric was to receive a fee higher than 3 Recently, the City of Dallas and TU Electric agreed on a Franchise which would pay the City of Dallas a 4 % franchise fee. The new Dallas franchise also limits the City of Dallas reimbursement of rate case expenses once the current 1993 rate case is decided at the Public Utility Commission level. Reasonable rate case expenses are reimbursable under Section 24 of the Public Utilities Code Regulations. Vol. 64, Page 143 Ordinance 2065 would amend the Farmers Branch Franchise Ordinance 1928 and increase the franchise fee paid to the City from 3 % to 4 This is an estimated annual increase in revenue in 1993-94 of $465,000. Approximately $1.4 million was received by the City from TU Electric in the 1992-93 budget. Ordinance 2065 will incorporate the rate case expense limitation similar to the Dallas agreement. This provision will continue to allow the City of Farmers Branch to be reimbursed for rate case expenses in the appeal of the 1991 rate case. It will also allow reimbursement for the 1993 rate case until a Public Utility Commission decision is rendered. Any appeal of the 1993 rate case or future rate case during the next 15 years will not be reimbursable unless over 4 million dollars is spent by the City of Farmers Branch. It is estimated that approximately $25 thousand to $30 thousand dollars would have been spent by the City as their expenses for the present rate case. The amendment also would pay the City of Farmers Branch a one-time amount of approximately $425,000 to sign the Ordinance amendment payable within 30 days after the effective date of the Ordinance. The amendment to the Franchise Ordinance will require two readings. The first reading if approved on July 12, 1993 will be followed by a second reading after 30 days. The entire text of the Ordinance must then be published in the City's local paper. The Assistant City Manager recommends approval of Ordinance 2065 amending the Franchise with TU Electric on the first reading. Mayor Blair read the following captioned Ordinance No. 2065 as the first reading. AN ORDINANCE AMENDING EXISTING FRANCHISE ORDINANCE 1928 BETWEEN THE CITY AND TEXAS UTILITIES ELECTRIC COMPANY TO PROVIDE FOR A DIFFERENCE FRANCHISE FEE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TEXAS UTILITIES ELECTRIC COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. A motion by Councilwoman Hardie, a second by Mayor Pro Tem Davis, all voting "aye", adopted Ordinance No. 2065 on the first reading. D.3 CONSENT D.4 CONSIDER ADOPTING RESOLUTION 93-106 APPROVING CHANGE ORDER NO. 1 RELATIVE TO A CONTRACT WITH JESKE CONSTRUCTION COMPANY FOR A CONCRETE RETAINING WALL ALONG FARMERS BRANCH CREEK IN THE HISTORICAL PARK, DECLARING AN EMERGENCY AND TAKE APPROPRIATE ACTION. Vol. 64, Page 144 Mayor Blair presented the following information for consideration. On March 1, 1993, Jeske Construction Company was awarded a contract in the amount of $128,920.00 to construct a concrete retaining wall along Farmers Branch Creek in the Historical Park. During construction, brackish water was noticed seeping from the soil adjacent to an existing sanitary sewer. The seepage quickly caused undermining and ultimate failure of the sloped creek bank. This in turn resulted in the sanitary sewer line breaking on two different occasions. Subsequent investigation found that the seepage was caused by cracks in the sanitary sewer pipe that existed before construction of the concrete retaining wall. The condition of the sewer pipe or the subsequent breaks were not the fault of the Jeske Construction Company. Because immediate action was necessary to prevent raw sewage flowing down Farmers Branch Creek, the contractor was instructed by staff to repair the sewer line each time the sewer broke. The contractor's cost for repairs to the sanitary sewer and protective sheeting is $42,382.10. This amount reflects the contractor's actual cost for labor, materials, equipment rental, and appropriate overhead for the repairs and protective sheeting. The change order do not include profit for this work. The Utilities Division has a balance of approximately $73,000.00 available in the fixed asset budget for sewer rehabilitation to fund this change order. This expenditure is more than the maximum 25 percent limit placed on change orders by Local Government Code, Section 252.048 (d), but is exempt under Section 252.022 (2) and (3), if City Council concurs that an emergency exists, and approves the resolution. The City Engineer and Director of Public Works recommend adopting Resolution 93-106 to approve Change Order No. 1 in the amount of $42,382.10 to Jeske Construction Company for the repairs and protection to the Historical Park sanitary sewer and declaring an emergency. Mayor Blair stated City Council was briefed very thoroughly and believes Jeske Construction was not responsible for the breakage. Mayor Blair stated this was an old sewage line that was in the ground for a number of years and was a concrete sewer pipe non-reinforced. Mayor Blair stated Jeske Construction and city staff did everything they could to make sure no seepage occurred into the creek. There being no other discussion, a motion by Mayor Pro Tem Davis, a second by Councilman Pyle, all voting "aye", adopted Resolution 93-106 to approve Change Order No. 1 in the amount of $42,382.10 to Jeske Construction Company for the repairs and protection to the Historical Park sanitary sewer and declaring an emergency. D.5 CONSENT. Vol. 64, Page 145 D.6 CONSIDER ADOPTING RESOLUTION NO. 93-104 AWARDING THE BID FOR REPAINTING THE VALLEY VIEW ELEVATED STORAGE TANK TO J.R. STELZER CO. AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Six requests for bids were sent out for repainting the Valley View Elevated Storage Tank. Two bids were received and opened on May 14, 1993. The lowest bidder, J.R. Stelzer Co., submitted a bid of $366,710.00 with a contract time of 90 calendar days. J.R. Stelzer Co. has provided adequate qualifications and references for similar work. This project will include removal of the existing paint from the interior and exterior of the tank bowl and exterior of the fluted column. The tank will then be repainted inside and out. The existing paint does contain lead; however, the paint is not a health hazard to the water system nor to the environment. The only risk that the existing paint presents is in its removal. To address that risk, new EPA and Texas Air Control Board rules require enclosure of the paint removal area to prevent contamination of the soil and air with the paint particles. The new rules also set forth special permitting and handling requirements for disposal of the paint. The new EPA and Texas Air Control Board rules are the main reason for the high cost of the project. This project is part of the 1992-93 water bond program budgeted in the mid-year budget in the amount of $400,000.00. The cost for design, construction administration, and quality control testing is $29,200.00 leaving $370,800.00 for the repainting. The City Engineer recommends awarding the bid for repainting the Valley View Elevated Storage Tank to J.R. Stelzer Co. in an amount of $366,710.00. Mayor Blair stated this was an unfunded mandate from the federal government and from the state government. Councilman Phelps asked if any trees would have to be removed from the site. Mr. Jerry Murawski, City Engineer, replied that only trees from the base of the tower would have to be removed and they would be replaced upon completion of the project. There being no other discussion, a motion by Councilman Moses, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 93-104 for repainting the Valley View Elevated Storage Tank to J. R. Stelzer Co. in an amount of $366,710.00. Mayor Blair stated the City of Farmers Branch contacted R. L. Turner and W. T. White to inquire if they would like their school logos on this water tower. Mayor Blair stated both schools declined but Vivian Field Junior High School had expressed an interest in Vol. 64, Page 146 having their school logo put on the water tower. Mayor Blair stated the expense for the logo would be paid by the school. D.7 CONSIDER ADOPTING RESOLUTION NO. 93-112 AWARDING THE BID FOR A 1993 MODEL SIDE DUMP RECYCLING TRUCK AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Requests for bids for a 1993 side dump recycling truck were mailed to twenty-one vendors. A total of ten bids were received from five vendors. Only one vendor met specifications. Sixteen vendors did not submit bids for various reasons. The low bid meeting specifications was from Industrial Disposal supply in the amount of $72,005.00. Funds in the amount of $95,000.00 are available in the 1992-1993 budget for this purchase. The Public Works Department recommends adopting Resolution No. 93-112 awarding the bid for a 1993 side dump recycling truck to Industrial Disposal Supply in the amount of $72,005.00. Mayor Blair asked Mark Pavageaux to explain the particular problems the City had on bidding this item. Mr. Mark Pavageaux, Director of Public Works, explained that one concern of the City was that this project is a new item on the market. The Staff researched for information on this item by contacting other cities with the trucks in operation. Specifications were written with particular items that the City of Farmers Branch felt were important after talking to other cities. Bids were sent to vendors the City thought could provide this particular truck body. The City learned the vendors could not provide this truck. The pitch height was established at 49" to prevent back injury to the employees. This was the item most vendors could not meet on the specifications. The body of the recycling truck was manufactured by another company and then placed on the truck. Mr. Pavageaux stated only one vendor could meet these specifications. Councilman Moses asked if the gross vehicle weight was an important issue. Mr. Pavageaux replied that the City considered lowering the weight of the vehicle but that would also lower the capacity for hauling and thereby causing more trips to be made to empty the truck. There being no other discussion, a motion by Councilman Moses, a second by Vol. 64, Page 147 Councilman Pyle, all voting "aye", adopted Resolution No. 93-112 awarding the bid for a 1993 side dump recycling truck to Industrial Disposal Supply in the amount of $72,005.00. D.8 CONSIDER ADOPTING RESOLUTION NO. 93-110 AWARDING THE BID FOR A 1993 LANDFILL COMPACTOR AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Camelot Landfill currently operates with two compactors. One of the units is scheduled for replacement in the 1992-1993 budget. The budget contains $260,000 for this replacement. Staff has reviewed the usage of the equipment and determined what requirements are needed for work within the landfill. Three different manufactures were found that sell landfill compactors, Bomag, Rex and Caterpillar. The Rex compactor was field tested by staff. Staff could not find a representative for the Bomag that could supply a test unit, and Caterpillar is the brand of equipment currently owned by the City. The items of concern, such as weight, number of wheels, power and parts availability were considered. Staff discussed these with Council at a previous study session and informed Council that is was anticipated that only one manufacturer could provide the specified equipment. Requests for bids for a 1993 Landfill Compactor were mailed to six vendors. Three bids were received. West Texas Equipment Company submitted a no bid, two bids were submitted by Darr Equipment Company in the amount of $203,712.00, which includes a trade in amount of $93,000.00 for the existing unit and one bid without a trade in for $296,712.00. The Directors of Public Works and Equipment Services recommend adopting Resolution No. 93-110 awarding the bid for the purchase of a 1993 Landfill Compactor to Darr Equipment Company in the amount of $203,712.00, which includes a trade in amount of $93,000.00 for the existing unit. Mayor Blair asked how old this unit was. Mark Pavageaux replied that this unit was probably eight years old. There being no other discussion, a motion by Councilman Phelps, a second by Councilwoman Hardie, all voting "aye", adopted Resolution No. 93-110 awarding the bid for the purchase of a 1993 Landfill Compactor to Darr Equipment Company in the amount of $203,712.00, which includes a trade in amount of $93,000.00 for the existing unit. Vol. 64, Page 148 D.9 CONSIDER ADOPTING RESOLUTION NO. 93-111 AWARDING THE BID FOR A 1993 TRACKLOADER AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Camelot Landfill utilizes a trackloader in it's daily operation. Replacement of the existing trackloader is scheduled in the 1992-93 budget. The budget contains $260,000 for this purchase. Requests for bids for a 1993 Trackloader were mailed to six vendors. Four bids were received and opened July 2, 1993 at 10:30 a. m. West Texas Equipment Company and AIS Continental both submitted bids labelled "No Bid". Darr Equipment Company, submitted a bid of $259,940.00 that did not include a trade in and another bid of $227,940.00 which included a $32,000.00 trade in for the existing unit. The estimated resale value of the existing equipment is approximately $40,000.00. Staff has researched the equipment that is available and will perform the work required at the landfill. Items such as weight, horsepower, carrying capacity, and availability of maintenance and parts were considered. It was found there is only one manufacturer that produces equipment that can meet the landfill's needs. Staff discussed these findings with Council during a previous study session and informed Council that it was anticipated that only one manufacturer would meet specifications. The Director of Public Works and Equipment Services recommend adopting Resolution No. 93-111 awarding the bid for the purchase of a 1993 Trackloader to Darr Equipment Company in the amount of $259,940.00. Councilman Phelps commented that the trade-in value of the existing unit was 20 % lower than the resale value of the unit. Councilman Phelps asked why the significant difference. Mr. Pavageaux replied that the $32,000 was a low bid. Mr. Pavageaux stated he had talked to a representative from Darr who stated they do not have a customer for the trackloader and they do for the compactor. Councilman Moses asked if the City would try to get sealed bids right away and dispose of it soon. Mr. Pavageaux replied that if this item is approved at this time the staff would start to write the specifications in the morning. There is a 90 day delivery time for the new trackloader to be delivered and the existing unit will continue to be used until it arrives. There being no other discussion, a motion by Councilwoman Hardie, a second by Councilman Moses, all voting "aye", adopted Resolution No. 93-111 awarding the bid for the purchase of a 1993 Trackloader to Darr Equipment Company in the amount of $259,940.00. Vol. 64, Page 149 D.10 CONSIDER ADOPTING RESOLUTION NO. 93-113 AWARDING A BID FOR PAVEMENT AND UTILITY CUT REPAIRS AND BARRIER FREE RAMPS AT VARIOUS LOCATIONS FOR THE PUBLIC WORKS DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Public Works Department received one response to the request for bids on pavement and utility cut repairs and barrier free ramps at various locations. Eighteen bids were requested and seventeen vendors declined to bid for various reasons. W.O. Adams Construction submitted the only bid in the amount of $302,480.00. All quantities of work were estimated. The bid was tabulated using the total of all unit prices. Pavement repair on Webb Chapel Road and barrier free ramps were specifically identified in the bid package. The utility cut portion will be performed only as necessary and within the budget amount. The average price W.O. Adams Construction bid for 8" concrete pavement is $6.25 per sq.ft. compared to $8.00 per sq.ft. bid earlier this year and $5.25 per sq.ft. in 1991- 1992. The 1992-1993 Public Works operating budget contains $200,000.00 and $50,000.00 is included in the non-bond C.I.P. resurfacing program to fund this contract. Total payment to the contractor will not exceed $250,000.00. The Director of Public Works recommends adopting Resolution No. 93-113 awarding a bid for pavement and utility cut repairs and barrier free ramps at various locations to W.O. Adams Construction for a total payment not to exceed $250,000.00 and authorizing the City Manager to execute the contract on behalf of the City. Mayor Blair asked if the City had contacted the people who did not bid on this project. Mr. Pavageaux replied that staff had contacted several of the companies. Some of the companies just did not have time to do the work. The staff contacted the cities of Irving and Garland to see if the bid was a fair price. Garland pays an average of $8.00 per square yard. Mr. Pavageaux commented that another problem with companies bidding on the project is that $100,000 may or may not be used during the year. Several companies felt they may have to put up a bond on this money and may not be paid for this work. Mayor Pro Tem Davis asked if W. O. Adams was the same company that had been doing work for the City of Farmers Branch before. Mr. Pavageaux replied the City had several contracts with W. O. Adams in the past. and all references on this company came back with no negative comments. Councilwoman Hardie asked how Farmers Branch would prioritize this project since the Vol. 64, Page 150 bid was over the cap the City had set. Mr. Pavageaux replied that certain items are put into the contract such as Webb Chapel ramps and the barrier free ramps that will be done. Mr. Pavageaux stated the money is there if utility cuts are needed. Mr. Pavageaux explained the amount seemed high but it was not an indication that all this work would need to be done. Councilman Phelps stated the average for Garland was $8.00 square yard and asked what the average was for Irving. Mr. Pavageaux replied he did not have the figures with him but thought they were $6.15 square yard. Councilman Moses asked how many contractors were affected by the possibility that a bond may be required. Mr. Pavageaux replied there were two contractors that the City knew of. Councilman Moses stated he could understand the need for a bond on a big project, but could not understand a bond being required on a project this small. Mr. John Boyle, City Attorney, stated state law required projects over $15,000 to have a bond. Mr. Boyle stated it is necessary to have both performance bonds and payment bonds. There being no other discussion, a motion by Councilwoman Hardie, a second by Mayor Pro Tem Davis, all voting "aye", adopted Resolution No. 93-113 awarding a bid for pavement and utility cut repairs and barrier free ramps at various locations to W.O. Adams Construction for a total payment not to exceed $250,000.00 and authorizing the City Manager to execute the contract on behalf of the City. D.11 RESOLUTION NO. 93-105 AWARDING BIDS FOR THE ANNUAL SUPPLY OF SIGNS AND PAVEMENT MARKING MATERIALS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Requests for bids on the 1992-1993 annual supply of Signs and Marking Materials were mailed to nineteen vendors. Twelve bids were received and opened on May 28, 1993. Seven bids met specifications, two vendors did not meet specifications on particular items, and ten vendors declined to bid for various reasons. Bids for signs and marking materials are awarded to seven vendors, dependent upon the lowest bid meeting specifications for each item or group of items. The lowest bids received meeting specifications for signs and marking materials were Vol. 64, Page 151 from Vulcan Signs for $2,541.85, Nippon for $3,966.75, Roadrunner Traffic Supply for $10,681.94, Centerline Supply for $4,131.15, Hall Signs for $2,499.00, Cataphote, Inc. for $2,225.00, and Flint Trading for $2,283.00. The bid total is $28,328.69. These amounts are bid on estimated quantities and could increase or decrease due to Public Works traffic marking needs. Funds in the amount of $30,000.00 are available in the 1992-1993 Public Works operating budget to purchase these items. The Director of Public Works recommends adopting Resolution No. 93-105 awarding bids for the annual supply of Signs and Marking Materials. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 93-105 awarding bids for signs and marking materials to Vulcan Signs for $2,541.85, Nippon for $3,966.75, Roadrunner Traffic Supply for $10,681.94, Centerline Supply for $4,131.15, Hall Signs for $2,499.00, Cataphote, Inc. for $2,225.00, and Flint Trading for $2,283.00. MAYOR'S ANNOUNCEMENT Mayor Blair stated items D.12 and D.13 would be heard after executive session. MAYOR BLAIR ANNOUNCED THAT THE ITEM FOR THE EXECUTIVE SESSION WAS DISCUSSED IN THE STUDY SESSION UNDER EXECUTIVE SESSION. THE DISCUSSION OF THE ITEM BEGAN AT 7:00 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 7:07 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEM DISCUSSED IN THE EXECUTIVE SESSION AT THE STUDY SESSION. THE ACTION ON THE ITEM DISCUSSED IN THE EXECUTIVE SESSION WAS RECESSED UNTIL THE 7:30 P.M. MEETING. ARTICLE 6252-17, SEC. 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEM AS PERSONNEL MATTERS MAY BE DISCUSSED IN THE EXECUTIVE SESSION. E.la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS ESTABLISHING A SISTER CITY COMMITTEE AND THE SELECTION OF A SISTER CITY COMMITTEE CHAIRMAN. A discussion was held between Mayor Blair and the members of the City Council relating to the Sister City Committee and the Chairman for that committee. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Vol. 64, Page 152 Councilwoman Hardie nominated Janie Scarbrough as the Sister City Program Chairperson and made a motion to have her elected. Mayor Pro Tem Davis seconded the motion and all voted "aye". D.12 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Councilwoman Hardie stated the Sister City International Conference will be held in Houston, Texas on July 14 - 17, 1993. Councilwoman Hardie requested approval to attend and also Sister City Chairperson Janie Scarborough. A motion by Councilwoman Hardie, a second by Mayor Pro Tem Davis, all voting "aye", approved travel for Councilwoman Hardie and Sister City Chairperson Janie Scarborough for the Sister City International Conference held in Houston, Texas on July 14 - 17, 1993. D.13 CITIZEN PARTICIPATION. Councilman Moses complimented Councilman Pyle on the tremendous job he did of making the Triathlon a success. Mayor Blair stated the Dallas Morning News had an excellent picture on the front page of the sports section on the Triathlon. F.1 ADJOURNMENT. A motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", adjourned the City Council meeting of July 12, 1993, at 9:13 P.M. Mayor City Secretary Vol. 64, Page 153