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1992-06-15 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JUNE 15, 1992 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Pro Tem Bob Phelps Councilmembers Jeff Binford Calla Davis Bill Moses Ron Pyle The following member of the City Council was absent: Mayor Dave Blair The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Communication Director Director of Community Services City Engineer Director of Finance Director of Parks & Recreation Fire Chief Director of Public Works City Management Assistant Traffic Engineer Recording Secretary Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish Donna Huerta Tom Scales Jerry Murawski Doug Vanderslice Jeff Fuller Kyle King Mark Pavageaux David Reedy Dave Davis Cindee Peters Vol. 62, Page 256 Mayor Pro Tem Phelps called the City Council Meeting of June 15, 1992 to order at 7:30 P.M.. The meeting was televised. A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 CONSIDER ACCEPTING A $1,500 DONATION FROM TALENT SPORTS INTERNATIONAL AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Phelps gave the following information for consideration. Talent Sports International, the company responsible for the organization of the Pepsi Soccerfest, desires to donate $1,500 to the City of Farmers Branch. Originally, they wanted to make the donation in appreciation for the city's involvement in the Pepsi Soccerfest with no use specified. When they were informed about the Youth Scholarship Program, they requested their donation be to that account. These funds, added to what is already available, $3,500, will allow Farmers Branch youths with special needs access to non-city sponsored programs and activities such as Scout groups, athletics, arts, and other youth programs. The funds will be used for admission/registration/class fees, or for items such as equipment or supplies that are necessary to participate in specific programs. 1 The Director of the Parks and Recreation Department recommends accepting a $1,500 donation from Talent Sports International. Mr. Robin Blakely, President of Talent Sports International, came forward and presented the donation to Mayor Pro Tem Phelps for the Youth Scholarship Program. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", accepted the $1,500 check from Talent Sports International to be used by the Youth Scholarship Program. A.3 CONSIDER PROCLAIMING JULY AS PARKS AND RECREATION MONTH IN FARMERS BRANCH. Mayor Pro Tem Phelps gave the following information for consideration. In conjunction with the nationally recognized observation of July as Parks and Recreation Month, the Parks and Recreation Department requests that the City Council proclaim "July as Parks and Recreation Month in Farmers Branch." The Parks and Recreation Director recommends proclaiming July as Parks and Recreation Month in Farmers Branch. Vol. 62, Page 257 Mr. Barney Wood, Chairman of the Parks and Recreation Board, gave a report on Parks and Recreation activities. Mr. Wood explained during the month of July activities include a pool party at Don Showman on July 4, Farmers Branch Little League Tournament from July 11-18 and a fireworks display at the Doubletree Hotel on July 4th. Mayor Pro Tem Phelps read the proclamation and presented the proclamation to Mr. Wood. A.4 PRESENTATION OF SERVICE AWARDS. Mayor Pro Tem Phelps presented a ten year employee service award to Mark Velton of the Engineering Department. Mayor Pro Tem Phelps presented a five year employee service award to Jonathan Loiselle of the Community Services Department. Mayor Pro Tem Phelps presented a five year employee service award to Dwayne Owens of the Public Works Department. Mayor Pro Tem Phelps presented a five year employee service award to Cindy Janosz of the Public Works Department. Mayor Pro Tem Phelps presented a five year employee service award to Debbie Champion of the Finance Department. A.5 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.4. Mayor Pro Tem Phelps explained that under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", added item C.4 to the consent agenda. Vol. 62, Page 258 A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", approved the Consent Agenda with a correction to the minutes on page 255 under Council Travel. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF JUNE 1, 1992 WITH CORRECTION ON PAGE 255 UNDER D.11 MOTION TO READ, "APPROVED TRAVEL FOR THE MAYOR AND CITY COUNCILMEMBERS TO ATTEND THE CONFERENCE". B.2 ADOPTED RESOLUTION NO. 92-094 SUPPORTING THE DEVELOPMENT OF A STATEWIDE COMPREHENSIVE TRAUMA CONCEPT PLAN. B.3 AUTHORIZED THE CITY MANAGER TO EXECUTE RELEASE OF LIABILITY FORMS WITH THE PRUDENTIAL REALTY GROUP AND MINYARDS FOOD STORES, INC., FOR USE AS TEMPORARY SLEEPING QUARTERS AND STORAGE OF FIRE VEHICLES IN THE PARKING LOT DURING THE REMODEL OF FIRE STATION NO. 1. B.4 ADOPTED RESOLUTION NO. 92-093 AWARDING BID FOR VOICE COMMUNICATORS TO WEIS AMERICAN FIRE EQUIPMENT COMPANY FOR FIRE DEPARTMENT IN THE AMOUNT OF $6,970.00. CA APPROVED THE REQUEST OF HIGHTECH SIGNS FOR SITE PLAN APPROVAL OF AN ON-PREMISE SIGN TO BE LOCATED AT 2055 DIPLOMAT AND WITHIN THE PLANNED DEVELOPMENT 22 (PD-22) ZONING DISTRICT. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of projects in the departments of the City. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF REEDER ROAD INTERESTS, INC., FOR A SPECIFIC USE PERMIT TO ALLOW RETAIL BOAT SALES AT 14185 DALLAS PARKWAY, LOCATED AT THE SOUTHWEST CORNER OF SPRING VALLEY ROAD AND DALLAS PARKWAY AND WITHIN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Phelps gave the following information for consideration. The proposed location is the former site of the Auto Haus Mercedes Benz automobile dealership and includes approximately 2.4 acres of land. The applicant intends to make use of the existing building which contains about 17,800 square feet of showroom, office and service space. Vol. 62, Page 259 Proposed additions to the existing development include: a 6 foot screening fence along the south property line to shield the service area from view, a pole sign approximately 25 feet tall near the northeast corner of the property and an 8 foot tall black vinyl-coated chain link fence enclosing approximately 12,470 square feet of the parking lot to provide a secured boat display area. The proposed fence would be setback from the front property line 40 feet and extend approximately 218 feet from the west property line, parallel to Spring Valley Road. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit to allow boat sales at 14185 Dallas Parkway be approved as requested. Mayor Pro Tem Phelps opened the public hearing. Mr. Bill Dahlstrom, representing Reeder Road Interests, Inc., stated this boat operation would handle only Sea Ray boats which are characterized as the Mercedes of boats. Mr. Dahlstrom stated Mr. Louis DelHomme is the president and owner of this business and has many years of experience. Mr. Dahlstrom stated there were no letters of opposition from the surrounding property owners. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", closed the public hearing. Mayor Pro Tem Phelps stated in the planning report Staff had recommended several conditions which included an 8 foot black vinyl coated fence, a setback of 40 feet from the property line, and limited to the central area of the site between the gates of the existing wood fence as shown on the site plan. Mayor Pro Tem Phelps asked if the Planning and Zoning Commission approved this request with or without the conditions. Mr. Tom Scales, Director of Community Services, stated the Planning and Zoning Commission recommended approval as submitted by the applicant. Mr. Scales stated staff's concern was there will be boat storage on the parking lot and might be an unsightly condition. Mr. Michael Spicer, Director of Planning, stated the applicant is considering modifying the signage but would like to proceed with the approval as submitted. Mr. Spicer stated the applicant would submit a new site plan for signage if they decide to go with a new sign. Mayor Pro Tem Phelps stated one of the recommended conditions by Staff for approval was to scale down the fence on this site. Mayor Pro Tem Phelps asked why Staff felt this condition was necessary. Vol. 62, Page 260 Mr. Spicer stated these conditions were recommended because it would limit the length of the fence parallel to Spring Valley Road to less than 140 feet and eliminate the proposed gate aligning with the west driveway. Mr. Spicer stated the Planning and Zoning Commission did not have a problem with leaving the fence as shown. Councilman Binford asked if this site had adequate parking for customers. Mr. Spicer stated this site had adequate parking for customers and was not a concern of city staff. Mr. Binford asked if a sign was currently at this location and would the sign panel be changed to reflect the new tenant. Mr. Spicer stated there is not currently a free standing sign on this site. Mr. Scales stated an auto dealership had been located on this site before and did have a pole sign, but it has since been removed. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", adopted the following captioned Ordinance No. 1993 approving the specific use permit to allow boat sales at 14185 Dallas Parkway as requested. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT TO ALLOW A NEW OR USED BOAT SALES LOT ON A 2.4 ACRE TRACT AT 14185 DALLAS PARKWAY, LOCATED AT THE SOUTHWEST CORNER OF SPRING VALLEY ROAD AND DALLAS PARKWAY AND WITHIN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING 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 DECLARING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: 1992-93 PROPOSED BUDGET. Mayor Pro Tem Phelps opened the public hearing and recognized the first speaker. Dr. Walter G. Bumphus, President of Brookhaven College, thanked the City Council for their generous contributions in the past. Dr. Bumphus stated he had received many comments from citizens expressing how they enjoyed the performing arts series. Dr. Bumphus asked the City Council to consider Brookhaven College in their 1992-93 Vol. 62, Page 261 budget. Mrs. Janie Scarborough, President of the Farmers Branch Chamber, thanked the City Council for their support in promoting the City. Mrs. Scarborough stated Mr. Tom Pritchard, Chairman of the Board of Directors would submit their request by the deadline indicated in the letter. Ms. Lue Sartor, representing the Office on Aging, presented their budget request for funds to the City Council. Ms. Sartor stated from 1980-1990 expenses have increased and hopes the City Council will consider the Office on Aging in their budget. Ms. Sartor stated this is the only agency that assists senior citizens in the area. Mr. Robert McMahan, Executive Director of Metrocrest Service Center, stated he will present a budget request at a later date to the City Council to continue the partnership with Farmers Branch. Mr. McMahan explained the Metrocrest Service Center assists families with rent money, utilities, and medicine. Mr. McMahan stated they have a child guidance program to counsel children with a history of family violence. Ms. Linda Grinaldi, representing Metrocrest Youth and Family Services, stated counseling is provided for families and they have just started counseling in area schools and assisting sexually abused children. Ms. Grinaldi stated this past year 1,451 people in Farmers Branch have required some type of assistance or counseling. Ms. Grinaldi stated Metrocrest Youth and Family Service will deliver a formal request for funding to be considered by the City Council. Mr. Sid Sampson, 2678 Springvale, stated he would like the City Council to expand the weight room and update the equipment. Mr. Sampson stated he and several friends have used the weight room at the recreation center for 10 years. Mr. Sampson explained that if 8 to 10 people use the equipment there is no room to exercise properly and this causes several problems. Mr. Sampson stated he presented this request to the Parks and Recreation Board earlier this year. Mr. Sampson stated this is a situation that needs to be improved and hopes the City Council will address this issue in the new budget. Mr. Russell Baker, 3006 Oxfordshire, stated his street needed improvements and hoped the City Council would consider this in the budget next year. Mr. Baker stated he has submitted a petition with 99.9% of the residents wishing to have Oxfordshire repaired. Mayor Pro Tern Phelps asked if this item was on the agenda tonight. City Manager Richard Escalante stated the 3000 block of Oxfordshire was not included on the agenda tonight under the resurfacing program. Mr. Escalante explained staff has looked at the 3000 block of Oxfordshire and resurfacing will not correct the problem. Mr. Escalante stated this section of Oxfordshire will be considered for the CIP projects Vol. 62, Page 262 for 1992-93. Mr. Randy Whistler, a volunteer counselor for Northwest Family Outreach Center, stated this organization helps counsel families to prevent child abuse and neglect. Mr. Whistler stated the Northwest Family Outreach Center works on a volunteer basis, with volunteers working an average of 350 hours. Mr. Whistler explained there were so many cases that only the most severe cases could be taken. Mr. Whistler stated over 32 families a month are assisted on a 1 to 1 basis. Mr. Whistler asked the City Council to consider this organization in their funding. A motion by Councilman Binford, a second by Councilman Moses, all voting "aye", closed the public hearing. Mayor Pro Tern Phelps stated each request would be on an individual basis for consideration. Mayor Pro Tem Phelps asked if a meeting date had been scheduled. City Manager Richard Escalante stated no meeting date had been scheduled. Mr. Escalante stated the deadline for requests were June 25, 1992. C.4 CONSENT C.5 CONSIDER REQUEST OF MR. CHRISTIAN BOBO OF 3011 CANDLEWICK, TO AMEND ORDINANCE NO. 811 TO ALLOW RESIDENTS TO KEEP POT BELLIED PIGS AS PETS AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Phelps gave the following information for consideration. Ordinance No. 811 regulates the keeping of livestock within the City limits of Farmers Branch. It expressly prohibits keeping horses, mules, cows, pigs, goats and sheep on any premises unless the animals are located more than 100 feet from any adjacent property. Farms or ranches abutting nonresidential zoning districts are exempted. Mr. Bobo requests the City amend Ordinance No. 811 to allow the keeping of Vietnamese "pot-bellied pigs" as domesticated, in-home pets. Mr. Bobo appeared before the Council on May 18, 1992 regarding this issue. His request was denied and he was given 90 days to find a home for his pot bellied pig. Mr. Bobo has additional information to provide to the Council and is again requesting that Ordinance No. 811 be amended. Staff recommends that the request to amend Ordinance No. 811 be denied for the following reasons: (1) keeping pigs as pets could create a health hazard, particularly since there are many diseases, including rabies, for which no vaccinations are available, (2) the behavioral needs of the pigs, such as pasturing, rooting, and wallowing, cannot be satisfactorily provided when they are treated as companion animals, (3) the addition Vol. 62, Page 263 of pigs as domestic pets will increase the potential of animal control problems, particularly as the pigs become large and elderly, (4) the City's Animal Control Shelter is not presently equipped to accommodate pigs, particularly in providing soaking pools or other means for pigs to maintain proper body temperature. Mr. Bobo stated he would like to pass out additional literature. Mr. Bobo explained that Ms. Michelle Palmer would like to make a presentation. Ms. Michelle Palmer of Burleson, Texas came forward. Ms. Palmer stated she founded the Texas Association of Pot Bellied Pigs. Ms. Palmer explained that pot bellied pigs are very docile and have their own vaccination schedule just like cats and dogs. Ms. Palmer stated these animals are never aggressive. Ms. Palmer stated wallowing is a man-made problem because pigs cannot sweat and these animal would roll around in the mud to cool off. Ms. Palmer stated a pot bellied pig needs only a children's small wading pool to cool off. Ms. Palmer explained that some hospitals are using these animals to entertain patients. Ms. Palmer also explained that some police departments are using these animals to sniff out drugs. Ms. Palmer stated these animals do not bark, sleep all night and are not nasty. Ms. Palmer felt if the City were to only allow registered pot bellied pigs, restrict the number of pigs allowed, and require them to be spayed and neutered there should be no problems in passing an ordinance to allow these animals. Ms. Palmer also explained the Texas Association of Pot Bellied Pigs will pick-up any pot bellied pig that is not being taken care of properly or that animal control officers have picked up. Ms. Palmer stated these animals are just as clean as dogs and cats. Mr. Bobo stated Mr. Escalante had expressed a concern over the legality of registration. Mr. Bobo stated he had spoken to several people and they explained if the City Council would put a weight limit of 150 pounds in an ordinance this would prohibit anything but a registered pot bellied pig. Mr. Bobo stated a registered pot bellied pig will never weigh over 150 pounds. Councilman Moses stated staff had put in time and hard work on this issue. Councilman Moses felt staff would be faced with other difficulties including extra duty to enforce an ordinance, the animal shelter is not equipped to handle these animals and also needs to be remodeled. Councilman Moses stated he was against this request. Councilman Binford explained after Mr. Bobo's previous request he had friends and relatives asking why the City Council had turned down pot bellied pigs. Councilman Binford stated he began asking citizens of Farmers Branch and friends at church if they would like a pot bellied pig next door to them. Councilman Binford stated the consensus was no one really wanted an ordinance allowing pot bellied pigs in Farmers Branch. Councilman Binford stated Mr. Bobo was probably a very good pet owner but felt the Vol. 62, Page 264 needs of pot bellied pigs would not be met living in an urban setting. Councilman Binford made a motion to deny the request and allow Mr. Bobo 90 days to find a new owner or home for the pig. Councilman Moses seconded the motion. Mr. Bobo stated he would like the City Council to table this request so he may bring a lady from Plano who was detrimental in the passage of their ordinance. Councilman Binford asked what she could present that the City Council did not already know on pot bellied pigs. Mr. Bobo stated her presentation was very informative and knowledgeable. City Attorney John Boyle stated a motion was on the floor and should be carried through. Councilman Binford restated his motion, Councilman Moses seconded the motion, with all voting "aye", to deny this request. DA CONSIDER ADOPTING ORDINANCE NO. 1991 WHICH DEFINES GARAGE SALES, ESTABLISHES STANDARDS FOR GARAGE SALES AND AMENDS THE SIGN ORDINANCE TO PROVIDE STANDARDS FOR GARAGE SALE SIGNS AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Moses gave the following information for consideration. The City has been asked to review garage sale standards and to establish standards which will allow a more liberal use of garage sale signs. Ordinance No. 1991 has been prepared which defines garage sales, allows a maximum of four garage sales per year and limits the length of each garage sale to three days. The ordinance also allows a garage sale sign to be placed on any residential property in the City, for advertisement purposes, provided permission is obtained from the property owner. Garage sale signs cannot exceed six (6) square feet in area, must be located at least fifteen (15) feet from the street curb, must be non-illuminated and may be placed on the property one day in advance of the sale and must be removed the day following the sale. The City Staff recommends that Ordinance No. 1991 be adopted. Councilman Moses asked how many signs were allowed with the proposed ordinance. Mr. Tom Scales, Director of Community Services stated there was no limit on the number of signs with the proposed ordinance. Vol. 62, Page 265 Councilman Pyle stated he was against the proposed ordinance as written. Councilman Pyle stated the City had not aggressively been citing homeowners who had put out several signs and it was beginning to look bad. Councilman Pyle explained the proposed ordinance allowed an extremely large sign. Councilman Pyle stated he would not be opposed to the new ordinance if the size of a sign was reduced to 3 square feet and allowed only 2 garage sales per year rather than 4 times per year. Mr. Scales stated staff had proposed this size sign because they could be purchased from any five and dime store. Mr. Scales stated the proposed ordinance permits a garage sale to be conducted 4 times a year to allow one garage sale per season. Councilwoman Davis felt it would be hard for the police department to enforce the proposed ordinance because it would allow a garage sale every three months. Councilwoman Davis felt two times a year for a garage sale was enough. Councilwoman Davis stated possibly a provision could be added to the ordinance to come before the City Council if more than two garage sales were needed by any citizen. Mr. Scales stated that under the proposed ordinance, the resident could go before the Building Code Board of Appeals and request an exception if they wanted more than 2 garage sales. Mayor Pro Tern Phelps had seen several garage sales that had been there for many months. Councilman Binford asked how many garage sales could be held in the current ordinance. Mr. Scales stated the current ordinance had no limit or restrictions on the number of garage sales per year. Mr. Scales stated the proposed ordinance is directed at residents who border on being a business operation in residential zones. Councilman Binford asked how staff would enforce signs on someone else's property and how staff would enforce how many garage sales residents have had. Mr. Tom Scales stated staff would enforce this ordinance only on a complaint basis. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance 1991 with changes to Section 1 on the size of sign to 3 square feet and Section 4 limiting the number of garage sales to two times a year. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ARTICLE III OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, AS AMENDED, BY AMENDING SECTION 3-36 Vol. 62, Page 266 TO DEFINE A GARAGE SALE SIGN, AMENDING SECTION 3-38 TO EXCEPT GARAGE SALE SIGNS FROM MOST REGULATIONS; DEFINING GARAGE SALES; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING FOR AN EFFECTIVE DATE. D.2 CONSIDER ADOPTING RESOLUTION NO. 92-081 TO ACQUIRE A UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS GRANTED BY FOREST CENTRAL PROPERTIES FOR A WATER MAIN AND AUTHORIZING PAYMENT FOR THE EASEMENTS GRANTED AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Phelps gave the following information for consideration. The construction of a 16-inch water main along the south side of the Dallas Power and Light Company's 100-foot wide right-of-way from Midway Road to Inwood Road is a Water Bond Capital Improvements Project funded in the amount of $500,000.00. Forest Central Properties owns the property located at 14330 Midway Road. In order to construct the proposed water main, the City must acquire a permanent utility easement and temporary construction easement from the owner. The City Attorney has negotiated a purchase price of $30,777.00 with the property owner for the easements. The City Engineer recommends adopting Resolution No. 92-081 to acquire a utility easement and temporary construction easements granted by Forest Central Properties for the construction of a water main and authorizing payment to Forest Central Properties in the amount of $30,777.00 for the easements granted. A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 92-081 to acquire a utility easement and temporary construction easements granted by Forest Central Properties, and authorizing payment in the amount of $30,777.00 for the easements granted. D.3 CONSIDER ADOPTING RESOLUTION NO. 92-086 APPROVING A CITY/COUNTY AGREEMENT WITH THE COUNTY OF DALLAS TO PROVIDE ASPHALT OVERLAY WORK USING THE COUNTY'S CONTRACTOR AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Phelps gave the following information for consideration. Funds for the Asphalt Overlay Program are available in the amount of $222,000.00 from the 1991-92 Vol. 62, Page 267 Non-bond Capital Resurfacing Program. The City has requested Dallas County to enter into an Interlocal Agreement to utilize the County's Contractor for asphalt overlay work programmed in the 1991-92 budget. Notices have been sent to the residents on those streets proposed for resurfacing, and the final list of streets will be determined after June 19, 1992 pending possible petitions to defer resurfacing or reconstruction in lieu of resurfacing. Should a petition be received, to defer or reconstruct, for one or more of the 17 streets proposed to be resurfaced, then another street will be selected for resurfacing from a second group of streets indicated in the Public Notice. Specific streets are not designated in the Agreement. The contractor will begin the asphalt overlay work later this summer after the final list of streets has been compiled and will take six weeks to complete. The overlay work will consist of the placement of approximately 8,100 tons of asphalt, and 4,400 gallons of tack coat at an estimated cost of $200,000.00. The City Engineer recommends the adoption of Resolution No. 92-086 approving a City/County Agreement with the County of Dallas to provide asphalt overlay work using the County's contractor in the amount of $200,000.00. Mayor Pro Tem Phelps asked if residents on the streets listed had received a letter. Mr. Escalante stated residents had been sent notices regarding resurfacing of their streets. Mr. Escalante stated the City had received several calls from residents indicating they would submit petitions to defer resurfacing. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", adopted Resolution No. 92-086 approving a City/County Agreement with the County of Dallas to provide asphalt overlay work using the County's contractor in the amount of $200,000.00. DA CONSIDER ADOPTING RESOLUTION NO. 92-092 APPROVING A CITY/COUNTY AGREEMENT WITH THE COUNTY OF DALLAS TO IMPROVE JOSEY LANE FROM VALWOOD PARKWAY TO FYKE ROAD AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Phelps gave the following information for consideration. Funds for improvements to Josey Lane from Valwood Parkway to Fyke Road are available in the amount of $100,000.00 from the 1991-92 Non-Bond Capital Improvement Budget. Dallas County has agreed to provide funds up to $100,000.00 to fund the project on a 50/50 participation basis. The project scope includes: Rotomilling the outside curb and gutters; remove and Vol. 62, Page 268 replace approximately 1200 lineal feet of curb and gutter including repair of the subgrade beneath that curb and gutter with cement treated base material; repair pavement subgrade failure; resurface pavement with hot mix asphaltic concrete; and stripe and remark the pavement for traffic control. Project costs are not to exceed $200,000.00. The City Engineer recommends the adoption of Resolution No. 92-092 approving a City/County Agreement with the County of Dallas to participate with the City of Farmers Branch to improve Josey Lane from Valwood Parkway to Fyke Road in an amount not to exceed $200,000.00 with the City and County each providing $100,000.00 on a 50/50 participation basis. Councilman Moses asked if the City of Farmers Branch owned both sides of Josey. Mayor Pro Tem Phelps stated the City owned Josey all the way to Fyke Road. A motion by Councilman Binford, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 92-092 approving a City/County Agreement with the County of Dallas to participate with the City of Farmers Branch to improve Josey Lane from Valwood Parkway to Fyke Road in an amount not to exceed $200,000.00 with the City and County each providing $100,000.00 on a 50/50 participation basis. D.5 CONSIDER ADOPTING RESOLUTION NO. 92-090 AWARDING A BID FOR THE CONSTRUCTION OF VALWOOD PARKWAY MEDIAN BEAUTIFICATION PHASE II, JOSEY TO WEBB CHAPEL AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Phelps gave the following information for consideration. Sealed bids for the construction of Valwood Parkway Median Beautification Phase II, Josey to Webb Chapel were received and opened on May 22, 1992 at 2:00 p.m. Nine bids were received, all of which met specifications. Matrix Environmental Contractors L.C. submitted the lowest bid in the amount of $131,097.56. Funds in the amount of $194,145.00 are available in the Street Bond Capital Improvement Program Budget for this project. The landscape design for this section of Valwood Parkway includes landscaped beds inside of paver borders, offset by expanses of turf and trees. The turf used on this project will be Prairie Buffalograss, a drought tolerant, low maintenance grass. There will be a conventional (spray) irrigation system. The City Engineer recommends adopting Resolution No. 92-090 awarding a bid for the construction of Valwood Parkway Median Beautification Phase II, Josey to Webb Chapel to Matrix Environmental Contractors L.C., for a total amount not to exceed $131,097.56. Vol. 62, Page 269 Councilman Moses explained he would like any landscape design put in at Distribution Way and Valwood to be carefully planned. Councilman Moses stated this is a very dangerous intersection. Councilman Moses stated cars speed and as they cross the hill their view is blocked and this causes accidents. Mr. Jerry Murawski stated staff would look at the landscape design and intersection to see if modifications are needed to improve the situation. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 92-090 awarding a bid for the construction of Valwood Parkway Median Beautification Phase II, Josey to Webb Chapel to Matrix Environmental Contractors L.C., for a total amount not to exceed $131,097.56. D.6 CONSIDER ADOPTING RESOLUTION NO. 92-091 AWARDING THE BID FOR THE REMODEL OF FIRE STATION NO. 1 TO ALPHA CONSTRUCTORS, INC., AND TAKE APPROPRIATE ACTION. Mayor Pro Tern Phelps gave the following information for consideration. Bids were requested for the remodel of Fire Station No. 1. The major improvements to be included in the remodel project are updating the station living quarters, expanding and updating the sleeping quarters, updating the kitchen area, providing an additional bathroom facility and providing lockers for storage of firefighter's protective clothing. On May 21, 1992 bids were opened for the remodeling of Fire Station No. 1. There were three alternates included within bid specifications. Alternate No. 1 omitted the storage lockers for wet storage of protective clothing. Alternate No. 2 omitted a masonry screening wall for the dumpster. Alternate No. 3 was an additional cost for painting the exterior of the existing building. Nine bids were received and all met specifications. Alpha Constructors, Inc., submitted the low base bid totalling $168,949.00. Funds totalling $169,412.00 are included in the CIP budget for construction work to remodel Fire Station No. 1. Alpha Constructors has provided references and has adequate qualifications for this project. The Fire Chief recommends awarding the bid for the remodel of Fire Station No. 1 to Alpha Constructors, Inc., in the amount of $168,949.00 and that Alternates 1, 2, and 3 not be accepted. Fire Chief Kyle King explained during review of the construction plans a discrepancy was found between the site plan and construction plan on the east side yard setback. The setback on the site plan showed 9 feet and the construction plans showed 6 feet 4 inches. Vol. 62, Page 270 Mr. King stated a 10' setback is required and a variance will be needed. Mr. King stated a variance is needed from the Zoning Board of Adjustment and asked that City Council approve this item with the condition the Fire Department receive a variance from the Zoning Board of Adjustment. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 92-091 awarding a bid for the remodel of Fire Station No. 1 to Alpha Constructors, Inc., in the amount of $168,949.00 and that Alternates 1, 2, and 3 not be accepted and contingent upon a variance granted by the Zoning Board of Adjustment for the 10' setback. D.7 CONSIDER ADOPTING RESOLUTION NO. 92-095 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CARTER & BURGESS, INC. FOR ARCHITECTURAL AND ENGINEERING SERVICES RELATING TO THE RENOVATION OF THE DON SHOWMAN SWIMMING POOL IN AN AMOUNT NOT TO EXCEED $28,070 AND TAKE APPROPRIATE ACTION. Mayor Pro Tern Phelps gave the following information for consideration. The renovation of the Don Showman Swimming Pool is a Non-Bond Capital Improvement Project budgeted in the amount of $240,000. A professional services agreement has been negotiated with Carter & Burgess, Inc. to provide services consisting of evaluation, engineering report/recommendations, design development, construction documents, and construction services in an amount not to exceed $28,070. Staff plans to have the evaluation and design work completed by the end of August, in order to bid and begin construction as soon as possible. The Director of the Parks and Recreation Department recommends adopting Resolution No. 92-095 authorizing the City Manager to execute a professional services agreement with Carter & Burgess, Inc. for architectural and engineering services relating to the renovation of the Don Showman Pool in an amount not to exceed $28,070. Councilman Moses asked if these were the renovations City Council talked about two months ago. Mr. Texx Stewart, Superintendent of Recreation, stated these repairs were the same as previously discussed by the City Council. Councilman Binford asked if any disruption of pool service or open hours would occur. Vol. 62, Page 271 conditioned upon the City receiving good title to the property free and clear of all liens and all legal documents evidencing the conveyance being approved by the City Attorney and City Manager. Councilman Pyle seconded the motion and all voted "aye". F.1 ADJOURNMENT. A motion by Councilman Binford, a second by Councilwoman Davis, all voting "aye", adjourned the City Council meeting of June 15, 1992, at 9:43 P.M. rav aat'-' Mayor X4&~~AL~, City Secretary Vol. 62, Page 276