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1992-06-20 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JULY 20, 1992 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Bob Phelps Councilmembers Jeff Binford Calla Davis Bill Moses The following member of the City Council was absent: Ron Pyle The following members of the City Administration were present: Acting City Manager John Burke Assistant City Manager Steve Carpenter City Attorney John Boyle City Secretary Ruth Ann Parish Communication Director Donna Huerta Economic Development Director Norma Nichols Director of Community Services Tom Scales City Engineer Jerry Murawski Director of Finance Doug Vanderslice Director of Parks & Recreation Jeff Fuller Director of Public Works Mark Pavageaux City Management Assistant David Reedy Traffic Engineer Dave Davis Recording Secretary Cindee Peters Vol. 62, Page 277 Mayor Blair called the City Council Meeting of July 20, 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 GRANT IN THE AMOUNT OF $5,000 FROM THE ANDREW MAGEE-SCOTT VERPLANK FUND OF THE COMMUNITIES FOUNDATION OF TEXAS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Andrew Magee- Scott Verplank Fund of the Communities Foundation of Texas has awarded the City of Farmers Branch a $5,000 grant. The grant is designated for the Youth Scholarship Program. This funding, if accepted, will allow Farmers Branch youths with special needs access to non-city sponsored programs and activities. These programs and activities might include Scout groups, athletics, arts, registration fees, or for items like equipment or supplies necessary to participate. Acceptance of this grant would bring the total funding available to the Youth Scholarship Program to $10,000. Applications are now being accepted by a committee made up of representatives from the Civic League, the Lions' Club, and city staff which has been formed to administer the grant funds. Potential applicants can contact representatives of the organization they wish to join or members of the Recreation Division staff for applications or further information. The Director of the Parks and Recreation Department recommends accepting the grant in the amount of $5,000 from the Andrew Magee-Scott Verplank Fund of the Communities Foundation of Texas. Carol Dingman, Executive Director of the Metrocrest Area Fund of the Communities Foundation of Texas, presented a check for $5,000 to Mayor Blair. Ms. Dingman stated both Mr. Magee and Mr. Verplank were from this area and felt they could help benefit youths by holding the charity skins game. A motion by Mayor Pro Tem Phelps, a second by Councilwoman Davis, all voting "aye", to accept a grant in the amount of $5,000 from the Andrew Magee-Scott Verplank Fund of the Communities Foundation of Texas. A.3 CONSIDER ACCEPTANCE OF A DONATION IN THE AMOUNT OF $1000 BY OXY CHEMICAL CORPORATION TO THE FIRE DEPARTMENT AND TAKE THE APPROPRIATE ACTION. Vol. 62, Page 278 Mayor Blair presented the following information for consideration. The Oxy Chemical Corporation presented a check in the amount of $1,000 in support of the Farmers Branch Fire Department. The Fire Department plans to use the donation to purchase special communications equipment that will improve communication and safety for firefighters. The equipment consists of radio headphones that interphase with the departments existing radio equipment. Headphones will be purchased for the incident commander and the pump operator on Fire Engine No. 1. The Fire Chief recommends accepting the $1000 donation from the Oxy Chemical Corporation for the purchase of fire communications equipment. A motion by Councilman Binford, a second by Councilman Moses, all voting "aye accepted a donation from Oxy Chemical Corporation. A.4 CONSIDER ACCEPTING A DONATION OF $2,350 FROM THE 1991-92 CLASS OF THE FOCUS FARMERS BRANCH LEADERSHIP PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The 1991-92 class of the Focus Farmers Branch Leadership Program held a raffle to raise funds for their class project. The class wants to donate the money raised, $2,350, to purchase a piece of playground equipment and the surrounding fall zone material for Squire Park. The class project committee selected several pieces of playground equipment from a catalog. Children from the Farmers Branch Summer Funshine Program chose their favorite from the pieces selected by the project committee. The children chose a "Therapeutic Space Module," which is designed to be handicapped accessible. The Space Module consists of two climber platforms connected by a crawl space. The Director of the Parks and Recreation Department recommends accepting the donation of $2,350 from the 1991-92 class of the Focus Farmers Branch Leadership Program. Leslie Patterson, Chairperson for the class project, presented a check for $2,350 to Mayor Blair for the City to purchase a piece of playground equipment for Squire Park. Ms. Patterson explained the purpose of the Focus Farmers Branch Leadership Program. Ms. Patterson showed a sketch of the playground equipment that will be purchased. A motion by Councilwoman Davis, a second by Mayor Pro Tern Phelps, all voting "aye", accepted the donation of $2,350.00 for playground equipment from the 1991-92 class of the Focus Farmers Branch Leadership Program. A.5 CONSIDER ACCEPTING A DONATION OF AN "ABLE WALKER" FROM THE FRIENDS OF THE FARMERS BRANCH MANSKE LIBRARY AND TAKE Vol. 62, Page 279 APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The advisory council of the Friends of the Farmers Branch Manske Library voted at their May 19, 1992 meeting to donate an "able walker" to the Library. The "able walker" is a walker on wheels with a seat and a book basket. It also has brakes to prevent it from rolling. The decision to purchase this item was based on a request a Library user submitted in the Library Board's suggestion box. The patron asked for a device to help people who have trouble walking or standing for extended periods of time and for those who have difficulty holding books. The value of the walker is $500.00 Joan Abbey, the President of the Friends of the Farmers Branch Manske Library, demonstrated the "able walker." Mrs. Abbey stated the next fund raiser would be on August 9, 1992 for a high tea. Mrs. Abbey explained tickets were available at the Library. A motion by Councilman Moses, a second by Councilwoman Davis, all voting "aye accepted a donation of an "able walker" from the Friends of the Farmers Branch Manske Library. A.6 CONSIDER ACCEPTANCE OF THIRD QUARTER DONATIONS FOR THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Historical Preservation and Restoration Board has approved several donations to be added to the inventory. Dean Nichols, Chairman of the Historical Preservation and Restoration Board is here for Council approval of the donated items. Mr. Dean Nichols read the following list of donated items: A mid-1800's covered wagon from Mr. Dave Clay, Farmers Branch. Turn of the century farm tools including: a hay knife, buck saw, hand scythe, corn sheller, corn mill, wagon ties, and wagon bows from Mr. Horace McGilvray, Penelope, Texas. The Historical Preservation and Restoration Board and the Director of the Parks and Recreation Department recommend acceptance of the third quarter donations for the Historical Park. A motion by Councilman Moses, a second by Councilman Binford, all voting "aye", Vol. 62, Page 280 accepted the donations for the Historical Park. A.7 PRESENTATION OF APPRECIATION PLAQUE TO JO ANNE WOLFE FOR SERVING ELEVEN YEARS ON THE LIBRARY BOARD. Mayor Blair presented the following information. Jo Anne Wolfe has loyally served on the Board of the Farmers Branch Manske Library for eleven (11) years. She was appointed to the Board in May 1981. While on the Board, Jo Anne served as Chair, Vice-Chair and for four years as Secretary. She has also served on the book committee, the publicity committee and as Board liaison to library users who placed suggestions in the Board suggestion boxes. As Chair of the Board in 1982, she was instrumental in garnering support for the Library expansion that was completed in 1985. Jo Anne has been an ardent supporter of the Library. As a former school teacher, she has been particularly interested in programs fostering library use and reading among young people. Jo Anne will truly be missed by her associates on the Library Board. Jo Anne is a certified ceramic tile consultant and has a grown daughter who lives in the Dallas area. Mayor Blair presented a plaque to Ms. Wolfe for her outstanding service to the Library. A.8 PRESENTATION OF APPRECIATION PLAQUE TO DOROTHY LECKIE FOR SERVING SIXTEEN YEARS ON THE LIBRARY BOARD. Mayor Blair presented the following information. Dorothy Leckie has served faithfully on the Board of the Farmers Branch Manske Library for sixteen (16) years. She was appointed to the Board in June 1976. Over the years Dorothy has served as the Board's Chair twice, as Vice-Chair, Secretary, Treasurer and on the book committee. For four years, Dorothy served as Board liaison with those library users who placed suggestions and comments in the two suggestion boxes that the Board has available in the Library. In this capacity, Dorothy has personally contacted many of these citizens with responses to their comments. Dorothy's concern and dedication to providing quality library service to the citizens of Farmers Branch has been steadfast. She has been a teacher in the Library's English as a Second Language class since its inception in 1986. Vol. 62, Page 281 Dorothy will genuinely be missed by her colleagues on the Library Board. Dorothy has three grown children and has lived in Farmers Branch over thirty (30) years. Mayor Blair presented a plaque to Ms. Leckie for her dedicated service to the Library. A.9 PRESENTATION OF AWARDS FROM THE JAMES A. SMITH LODGE. Mayor Blair explained the James A. Smith Lodge presented an award each year to an outstanding leader of the community who gives their time and effort. Mayor Blair introduced Mr. Joe Evans, Master of the James A. Smith Lodge. Mr. Joe Evans and Mayor Blair presented the "Community Builder Award" to Mrs. Jo Anne Abby. Mayor Blair stated Mrs. Abbey is an asset to the community. Mrs. Abbey stated it was a great honor to received this award because her father had been a Mason for many years. Mr. Joe Evans presented another award of the highest honor. Mr. Evans stated the "Golden Trial Award" is presented to people who practice the devotion of Masonic principles. Mr. Evans presented Mayor Blair with this award. Mr. Evans stated Mayor Blair has been a Mason for over 40 years. Mr. Evans explained this award is presented to Mayor Blair for his devotion to community service, the Chamber of Commerce and various boards including the City Council. Mayor Blair thanked the Masonic Lodge members for presenting him with this very special award. A.10 RECOGNIZE MARC MUNSCHE AS 100TH VISITOR FROM FARMERS BRANCH'S SISTER CITY OF GARBSEN, GERMANY. Mayor Blair stated the Mr. Munsche was the 100th visitor from Garbsen. Mayor Blair presented Mr. Munsche with an honorary citizen certificate, hat and sweatshirt with the Farmers Branch logo. Mr. Munsche presented the Mayor with an official letter from Garbsen recognizing him as the 100th visitor from Garbsen. Mayor Blair introduced the hosting family of Mr. Munsche who were Mr. and Mrs. Brown. A.11 CONSIDER PROCLAIMING AUGUST 4, 1992, AS "NATIONAL NIGHT OUT" IN THE CITY OF FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Vol. 62, Page 282 Mayor Blair presented the following information. On Tuesday, August 4th, neighborhoods throughout Farmers Branch are being invited to join forces with thousands of communities nationwide for the "9th Annual National Night Out" crime/drug prevention event. This event involves residents in neighborhoods nationwide simultaneously turning on outside lights to demonstrate solidarity against crime. Residents in Farmers Branch will be asked to turn on their outside lights between 9 and 10 p.m. to join in with other participants nationwide. The Neighborhood Crime Watch Coordinator and the Police Chief recommend approval of a Proclamation proclaiming Tuesday, August 4, 1992 as the 9th Annual National Night Out. Mayor Blair read the proclamation and presented it to Ruth Lee, Crime Watch Coordinator. A.12 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a twenty-five year employee service award to Arlie Bowling of the Fire Department. Mayor Blair presented a five year employee service award to Terry Adams of the Police Department. A.13 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.7. 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 Phelps, a second by Councilman Moses, all voting "aye", added items C.2, C.3, C.4, C.5, D.1, and D.2 to the consent agenda. A motion by Mayor Pro Tem Phelps, a second by Councilman Moses, all voting "aye", Vol. 62, Page 283 approved the following Consent Agenda items: B.1 APPROVED THE MINUTES OF THE COUNCIL MEETING OF JUNE 15, 1992. B.2 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1992: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, DELETING ORDINANCE NUMBER 1288 AND AMENDING ORDINANCE NUMBER 1034 BY AMENDING SECTION 4 ESTABLISHING AN ANNUAL PROPRIETORS LICENSE FEE FOR AMUSEMENT DEVICES, AND ESTABLISHING A CRITERIA FOR CONSIDERING AMUSEMENT DEVICES AS AN ACCESSORY USE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,00.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES, PROVIDING FOR INJUNCTIVE RELIEF; DECLARING AN EMERGENCY AND PROVIDING FOR AN EFFECTIVE DATE. B.3 ADOPTED RESOLUTION NO. 92-108 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH APPLIED EARTH SCIENCES, INC. FOR CONTINUATION OF ENVIRONMENTAL SERVICES AT FIRE STATION NO. 1 IN AN AMOUNT NOT TO EXCEED $8,400. B.4 AUTHORIZED AN AGREEMENT BETWEEN THE AMERICAN RED CROSS AND THE CITY OF FARMERS BRANCH FOR DISASTER ASSISTANCE. B.5 ADOPTED RESOLUTION NO. 92-105 TO RESCIND THE CONTRACT WITH PHOENIX CONSTRUCTION CO., INC. FOR CONSTRUCTION OF THE ALLEY BETWEEN VALLEY VIEW AND PRIMROSE FROM VERONICA TO AUSTELL AND THE ALLEY BETWEEN PORTLOCK AND BROCKWAY FROM SHAHAN TO CASTLETON, TO READVERTISE FOR NEW BIDS. B.6 ADOPTED RESOLUTION NO. 92-107 WHICH ACCEPTS A FIVE FOOT AERIAL EASEMENT FOR STREET LIGHT INSTALLATION, DEDICATED BY MR. AND MRS. SIGMUND. B.7 ADOPTED RESOLUTION NO. 92-112 AUTHORIZING A CAR WASH AS A CIVIC AND PHILANTHROPIC USE TO BE CONDUCTED BY THE FARMERS BRANCH RAINBOW ASSEMBLY NO. 368 ON AUGUST 1, 1992 Vol. 62, Page 284 ON THE PARKING LOT OF THE FARMERS BRANCH POSTAL CENTER. C.2 APPROVED THE REQUEST OF PACIFIC DUNLAP GNB BATTERY FOR SITE PLAN APPROVAL OF A TRUCK ENCLOSURE BUILDING, DUST COLLECTION UNIT, EXPANDED PARKING AREA AND NEW DRIVEWAY AT 1880 VALLEY VIEW LANE AND WITHIN PLANNED DEVELOPMENT NUMBER 22 (PD-22) ZONING DISTRICT ACTION. C.3 APPROVED THE REQUEST OF STAN BARNEY, ON BEHALF OF TCI CABLEVISION OF DALLAS, INC., FOR SITE PLAN APPROVAL OF A SATELLITE DISH ANTENNA AT 13001 VERONICA ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 7 (PD-7) ZONING DISTRICT. C.4 APPROVED THE REQUEST OF COMBINED ALLOY FOR SITE PLAN APPROVAL OF A BUILDING ADDITION CONNECTING TWO SEPARATE EXISTING BUILDINGS LOCATED AT 13777 BEE STREET AND WITHIN THE PLANNED DEVELOPMENT NUMBER 33 (PD-33) ZONING DISTRICT. C.5 APPROVED THE REQUEST OF THE CITY OF FARMERS BRANCH FOR SITE PLAN APPROVAL OF ABOVE GROUND FUEL STORAGE TANKS, AN ASSOCIATED FUEL DISPENSING ISLAND AND RELOCATION OF AN EXISTING STORAGE BUILDING LOCATED AT THE SENLAC SERVICE CENTER, 13333 SENLAC DRIVE, AND WITHIN THE PLANNED DEVELOPMENT 22 ZONING DISTRICT (PD-22). D.1 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1995: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1622 OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, TEXAS; PROVIDING MONTHLY RATES FOR THREE (3), FOUR (4), SIX (6), AND EIGHT (8), CUBIC YARD CONTAINERS AND MONTHLY RATES FOR FIFTEEN (15), TWENTY (20), THIRTY (30), FORTY (40) CUBIC YARD OPEN TOP CONTAINERS AND MONTHLY RATES FOR THIRTY (30), THIRTY-FIVE (35), FORTY (40), CUBIC YARD COMPACTORS: PROVIDING FOR A CONTRACTUAL AGREEMENT; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE. D.2 ADOPTED RESOLUTION NO. 92-099 AWARDING BIDS FOR HOLIDAY LIGHTED DISPLAYS IN AN AMOUNT NOT TO EXCEED $12,043.45. C.1 CITY MANAGER REPORTS. Vol. 62, Page 285 Acting City Manager John Burke gave an informative report on the happenings and status of projects in the departments of the City. C.2 CONSENT C.3 CONSENT CA CONSENT C.5 CONSENT C.6 CONSIDER ADOPTING RESOLUTION NO. 92-111 APPROVING AN AGREEMENT AND RESOLUTION OF THE CITY OF FARMERS BRANCH INDUSTRIAL DEVELOPMENT CORPORATION WITH RESPECT TO THE ISSUANCE OF BONDS FOR PPG INDUSTRIES, INC., AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Farmers Branch Industrial Development Corporation Board is scheduled to meet at 6:00 p.m. on Monday, July 20, 1992, to consider the request of PPG Industries, Inc., to sell $5,000,000 of Revenue Refunding Bonds through the Corporation. If the Industrial Development Corporation Board grants this request, as anticipated, Resolution No. 92-111, which approves the agreement between the Corporation and PPG Industries, Inc., should be considered by City Council. The City Attorney recommends the adoption of Resolution No. 92-111. Mayor Blair stated the Industrial Development Corporation had a meeting at 6:00 p.m. this evening, July 20, 1992. Mayor Blair stated the corporation approved the issuance of bonds for PPG Industries, Inc. Mr. John Boyle, City Attorney, stated the issuance of these bonds do not involve the City's credit, simply refinancing of industrial revenue bonds issued in 1980. Mr. Boyle stated his firm has reviewed the bonds and recommends approval. A motion by Councilman Binford, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 92-111 approving an agreement and resolution of the City of Farmers Branch Industrial Development Corporation with respect to the issuance of bonds for PPG Industries, Inc. C.7 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. Vol. 62, Page 286 Mayor Blair 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 that 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 and June 15, 1992 regarding this issue. His request was denied both times 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 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. Mayor Blair recognized Mr. Christian Bobo. Mr. Bobo stated he hoped the City Council would have an open mind when making a decision on pot bellied pigs. Mr. Bobo explained he would seek public support if this may help the City Council find in favor of his pot bellied pig. Mr. Bobo felt he could obtain 500 signatures on a petition supporting an ordinance allowing pot bellied pigs. Mr. Bobo stated many other cities have now amended their ordinances to allow these animals. Mayor Blair asked if any one else in the audience wished to speak. No one spoke. Mayor Blair explained that he heard no new evidence of any significance in Study Session to change his thoughts on allowing these animals. Mayor Blair stated community interest might help, but stated only one person had come forward and that was Mr. Bobo. A motion by Mayor Blair, a second by Councilman Binford, all voting "aye", denied the request that Ordinance No. 811 be amended to allow the keeping of pot bellied pigs as household pets. D.1 CONSENT Vol. 62, Page 287 D.2 CONSENT D.3 CONSIDER ADOPTING RESOLUTION NO.92-100 AWARDING THE BID FOR HOLIDAY LIGHTING INSTALLATION, MAINTENANCE, AND REMOVAL TO AMTECH LIGHTING SERVICES AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The 1992 Holiday Lighting Program includes lighting trees and buildings at Tompie Dyer Park, City Hall and the Historical Park. There is $80,000 available in the 1991-1992 Hotel-Motel Fund for the installation, maintenance, and removal of the holiday lighting. Three bidders attended the mandatory pre-bid meeting. Two bids were received, both of which met specifications. The low bid was received from Amtech Lighting Services in the amount of $74,509.88. Amtech Lighting Services provided the lighting installation, maintenance, and removal for the City last year and has specialized in commercial holiday lighting for the past 18 years. The City Engineer recommends adopting Resolution No. 92-100 awarding the bid for holiday lighting installation, maintenance, and removal to Amtech Lighting Services in the amount of $74,509.88. Mayor Blair explained the lighting had been extremely successful. Mayor Blair explained the hotels had requested this program to promote the City and the funds to purchase the lighting come from the Hotel/Motel Tax fund. A motion by Councilman Moses, a second by Mayor Pro Tem Phelps, all voting "aye", adopted Resolution No. 92-100 awarding the bid for holiday lighting installation, maintenance and removal to Amtech Lighting Services in the amount of $74,509.88. DA CONSIDER ADOPTING RESOLUTION NO. 92-101 AWARDING THE BID FOR REPLACEMENT OF THE CURB AND GUTTER ALONG CLOVERDALE LANE FROM TEMPLETON TRAIL TO COURTDALE DRIVE TO BROOKS & MALTBY, INC. AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Eight bids for replacement of the curb and gutter along Cloverdale Lane from Templeton Trail to Courtdale Drive were received on June 19, 1992. All bids met specifications. The low bidder is Brooks & Maltby, Inc. submitting a bid of $84,442.90 with a contract time of 60 calendar days. The work should be completed in early fall. Brooks & Maltby, Inc. has provided adequate qualifications and references for similar work. The project is part of the 1991-92 resurfacing program with a budgeted amount of $90,000.00. The low bid for construction and the estimated cost for materials testing Vol. 62, Page 288 result in a project cost of $86,513.90. The City Engineer and Public Works Director recommend awarding the bid for replacement of the curb and gutter along Cloverdale from Templeton Trail to Courtdale Drive to Brooks & Maltby, Inc. in the amount of $84,442.90. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", adopted Resolution No. 92-101 awarding the bid for replacement of the curb and gutter along Cloverdale from Templeton Trail to Courtdale Drive to Brooks & Maltby, Inc. in the amount of $84,442.90. D.5 CONSIDER ADOPTING RESOLUTION NO. 92-104 AWARDING A BID FOR THE CONSTRUCTION OF WILLIAM DODSON PARKWAY MEDIAN BEAUTIFICATION AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The landscape design for this project includes groundcover beds to match the existing landscaped medians in William Dodson Parkway south of Pepperwood Street which were done as a part of the New City Hall project. The current project also includes an entrance sign for City Hail, and a shrub bed to be planted at the parking lot along Demetra Drive. There will be a conventional (spray) irrigation system. Funding for William Dodson Parkway Median Beautification is provided from $30,000.00 in the William Dodson Parkway Median Enhancement Project budget and from $15,000.00 in the Tompie Dyer Park - City Entrances Project budget. The total budgeted amount is $45,000.00. Design of the lighting for the entrance sign cost $1,150.00. The unencumbered project balance is $43,850.00. Sealed bids for the construction of William Dodson Parkway Median Beautification were received and opened on July 6, 1992 at 10:00 a. m. Three bids were received, all of which met specifications. A-1 Industrial Lawn Care, Inc. submitted the lowest bid in the amount of $44,340.85. The company has acceptable references. Additional funds in the amount of $490.85 are needed and are available in the Street Bond Fund Contingencies. There is $190,600.00 in the Street Bond Fund Contingencies. The City Engineer recommends adopting Resolution No. 92-104 awarding a bid for the construction of William Dodson Parkway Median Beautification to A-1 Industrial Lawn Care, Inc. for a total amount not to exceed $44,340.85. A motion by Councilman Moses, a second by Mayor Pro Tem Phelps, all voting "aye", Vol. 62, Page 289 adopted Resolution No. 92-104 awarding a bid for the construction of William Dodson Parkway Median Beautification to A-1 Industrial Lawn Care, Inc. for a total amount not to exceed $44,340.85. D.6 CONSIDER ADOPTING RESOLUTION NO. 92-106 AWARDING THE BIDS FOR GASOLINE, OIL, AND DIESEL PRODUCTS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Bid requests for the annual supply of gasoline, oil, and diesel products were sent to twenty eight vendors. Eleven vendors submitted bids that were opened July 6, 1992. These bids included two No-Bids, and one alternate bid. The remaining eight (8) bids met specifications, including delivery and pricing for a one (1) year period. Staff tabulated the bids received and determined the low bidders for gasoline, oil, and diesel products. The low bid meeting specifications for gasoline and diesel was submitted by Fuel Distributors, Inc. in the estimated amount of $247,235.00, and the low bid for oil products was submitted by Money Oil Company in the estimated amount of $16,438.94. Mandated delivery fees, State and Federal taxes are estimated at $103,500.00, for an estimated total of $367,173.90. The current Operating Department budgets included $153,430.00 for the purchase of gas, oil, and diesel products. The Operating Department budgets as submitted for 1992-93 include $412,600.00 for these supplies. These amounts include overhead charges, mandated delivery fees for the Federal Tank Recovery Super Fund, and applicable State and Federal taxes. The Director of Equipment Services recommends adopting Resolution No. 92-106 awarding the bids for the annual supply of gasoline and diesel to Fuel Distributors, Inc. in the estimated amount of $247,235.00, and to Money Oil Company for annual supply of oil products in the estimated amount of $16,438.94. Mandated delivery fees, State and Federal taxes are estimated at $103,500.00, for an estimated total of $367,173.90. Councilman Binford asked why Staff had budgeted $412,600.00 when the estimated total for these products were $367,173.90. Acting City Manager John Burke responded that August and September of 1992 were included in this total creating an overlap of this year's budget into the next year. Mayor Blair explained these prices would be in effect until July 1993. l A motion by Mayor Pro Tem Phelps, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 92-106 awarding the bids for the annual supply of gasoline and diesel to Fuel Distributors, Inc. in the estimated amount of $247,235.00, Vol. 62, Page 290 and to Money Oil Company for annual supply of oil products in the estimated amount of $16,438.94. Mandated delivery fees, State and Federal taxes are estimated at $103,500.00, for an estimated total of $367,173.90. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair requested approval to attend a TML legislative committee meeting in Austin on July 21, 1992. A motion by Councilman Bill Moses, a second by Councilwoman Davis, all voting "aye", approved the travel request of Mayor Blair to attend the TML Committee meeting in Austin, July 21, 1992. Councilwoman Davis asked approval to attend a TML Finance Committee meeting in Austin on July 28, 1992. A motion by Mayor Blair, a second by Mayor Pro Tem Phelps, all voting "aye", approved travel request of Councilwoman Davis to attend TML Committee meeting in Austin, July 28, 1992. D.8 CITIZEN PARTICIPATION. Mr. Colman McClure, 3240 Myra Lane, stated he would like to thank the City for the wall behind the hospital. Mr. McClure stated this wall, had helped the noise tremendously. Mr. McClure stated the noise from LBJ had also been reduced considerably. Mr. McClure asked if City engineers could look at possibly putting more walls in problem areas around the City. Mr. McClure stated he spent approximately 99 % of sales tax outside the City of Farmers Branch. Mr. McClure stated he would like the City to attract discount stores such as Home Depot. Mayor Blair stated the wall behind the hospital was slow in coming, but felt the Hospital Authority had built this wall to solve the problem almost entirely. Mayor Blair felt the Hospital Authority had shown interest in being a good neighbor by constructing the wall properly. Mayor Blair explained the deterioration of some retail centers in Farmers Branch has caused businesses to move out of the City. Mayor Blair stated the University of Dallas is conducting a retail survey for the City of Farmers Branch. Mayor Blair explained this survey should help determine problems with retail areas in the City. Mayor Blair explained there may be areas in Farmers Branch for discount stores such as Home Depot that the City does not know about. Mayor Blair stated that PACE is a Vol. 62, Page 291 discount store which will be opening soon at Midway and LB7 Freeway. Mayor Blair stated there are stores in Farmers Branch such as Gabbert's Furniture which produce a great deal of the City's tax revenue. Mayor Blair stated the Economic Development department in the City has tried very hard to promote restaurants and businesses to move to Farmers Branch. Mrs. Sharon Cross, 3016 Valley View, stated she had received a letter to correct the condition of her driveway within 30 days. Mrs. Cross stated she owned seven rental properties in Farmers Branch and could not have the driveway corrected within the 30 day time period. Mrs. Cross stated she did not know about this ordinance and asked if other residents of Farmers Branch were aware of this ordinance. Mayor Blair stated that public notices are printed in the newspaper each time a new ordinance is adopted. Mayor Blair explained the City of Farmers Branch also tries to notify citizens in the City newsletter and neighborhood meetings. Mayor Blair explained all the cases he had been involved with, Community Services has given an extension if the resident called and explained their situation. Mayor Blair asked Mr. Scales to come forward and explain the procedure for an extension. Mr. Scales stated that most letters sent by Community Services have a statement which explains the appeal process or extension process and asks the people to contact the city if an alternate complaint date is needed. Mr. Scales stated his staff would work with Mrs. Cross in anyway he could to prevent a ticket from being issued. MAYOR BLAIR ANNOUNCED THAT ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION. THE DISCUSSION OF THE ITEMS BEGAN AT 7:08 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 7:13 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION AT THE STUDY SESSION. THE ACTION OF THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION WERE RECESSED UNTIL THE 7:30 P.M. MEETING. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEM AS PERSONNEL MATTERS MAY BE DISCUSSED IN CLOSED SESSION. E. la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2 (g) 1. DISCUSS APPOINTMENTS OF ALTERNATE POSITIONS TO THE LIBRARY BOARD. 2. DISCUSS APPOINTMENTS TO THE ANIMAL SHELTER ADVISORY COMMITTEE. Vol. 62, Page 292 Discussion was held relating to the appointments. ACTION TAKEN BY COUNCIL AT THE 7:30 P.M. MEETING OF THE EXECUTIVE SESSION ITEMS DISCUSSED IN THE STUDY SESSION BEGINNING AT 7:08 P.M. AND ENDING AT 7:13 P.M. Mayor Blair called for action on the items discussed in the Executive Session. E.2 ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION WERE TAKEN. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", appointed Diane Graifemberg to serve Alternate Place 1 on the Library Board for a term to expire May 1, 1994. A motion by Mayor Pro Tem Phelps, a second by Councilman Moses, all voting "aye", reappointed Dr. Gerald Pendery, Tom Scales and Tom McDougald to serve on the Animal Shelter Advisory Committee for a term to expire, June 1, 1994. Mayor Blair stated the appointment to Alternate Place 2 position on the Library Board would be considered at the next meeting. F.1 ADJOURNMENT. A motion by Mayor Pro Tem Phelps, a second by Councilwoman Davis, all voting "aye", adjourned the City Council meeting of July 20, 1992, at 9:19 P.M. r ~Mayor a~i~ City Secretary Vol. 62, Page 293