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1991-01-28 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JANUARY 28, 1991 COUNCIL CHAMBER CITY HALL 7:33 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Ron Pyle Bob Phelps Jeff Binford Calla Davis Bill Moses The following members of the City Administration were present: 1 City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Director of Community Services City Engineer Director of Parks & Recreation Director of Public Works Director of Finance City Management Assistant Communications Director Recording Secretary Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish Tom Scales Jerry Murawski Jeff Fuller Mark Pavageaux Doug Vanderslice Dave Reedy Donna Huerta Brenda Anderson Mayor Blair called the City Council Meeting of January 28, 1991 to order at 7:33 p.m. The meeting was televised. A.1 INVOCATION Councilman Moses gave the invocation and led the pledge of allegiance to the flag. I MAYOR BLAIR WELCOMED BOY SCOUT TROOP 718 OF THE GREENHILL SCHOOL IN ADDISON WHO WERE IN ATTENDANCE. MAYOR BLAIR READ THE PROCLAMATION AND PROCLAIMED FEBRUARY 10-16, 1991 AS VOCATIONAL EDUCATION WEEK IN FARMERS BRANCH, TEXAS. MAYOR BLAIR READ A LETTER RECEIVED FROM THE NATIONAL ARBOR DAY FOUNDATION CONGRATULATING THE CITY OF FARMERS BRANCH FOR Vol. 60, pace 1.3 BEING NAMED AS ONE OF THE 1990 TREE CITY USA FOR THE EIGHTH YEAR IN A ROW. A.2 PRESENTATION OF APPRECIATION PLAQUE TO CITY RETIREE SERGEANT JAMES HARRELSON OF THE POLICE DEPARTMENT. Mayor Blair presented the following information. Sergeant James Harrelson began his employment with the City of Farmers Branch in 1968 and is a veteran of 32 years in law enforcement. He was promoted to his present position of Warrant Officer in the Court Division September 1974, and holds an Intermediate Certificate with the Texas Commission on Law Enforcement Officer Standards and Education. During his 23 years of employment with the City, Jim has seen many changes in Municipal Court. The most notable has been the growth of staff from two employees to four employees and the complete computerization of court functions. Mayor Blair presented Sergeant Harrelson with a plaque of appreciation for his many years of service to the City. A.3 PRESENTATION OF APPRECIATION PLAQUE TO CITY RETIREE SERGEANT W. H. "BILL" TAYLOR OF THE POLICE DEPARTMENT Mayor Blair presented the following information. Sergeant Bill Taylor began his employment with the City of Farmers Branch in 1968 with four years previous experience. Bill served in the Patrol Division as a Patrolman and a Patrol Corporal until his promotion into the Criminal Investigation Division as a Detective Sergeant in October 1980. He is a graduate of the Texas Crime Prevention Institute and holds an Intermediate Certificate with the Texas Commission on Law Enforcement Officer Standards and Education. Mayor Blair presented a plaque of appreciation to Sergeant Taylor for his many years of service to the city. A.4 PRESENTATION OF APPRECIATION PLAQUE TO CITY RETIREE BATTALION CHIEF JAMES RENFROE OF THE FIRE DEPARTMENT. Mayor Blair presented the following information. Chief James Renfroe began working for the Farmers Branch Fire Department as a volunteer in July of 1958 when fires Vol. 60, Page 14 were fought with two engines, 25 volunteers and five paid employees. James has seen the department grow from this small group of dedicated volunteers to a force of more than 60. On October 1, 1959, James became a full-time fire fighter. That year, the City of Farmers Branch became the first City in Dallas County to provide emergency medical service with a station wagon donated by Rhoton Weiland Funeral Home. James served in the Fire Marshal's office from 1961 to 1965, when he returned to the Operations Division. He was promoted to Lieutenant in June 1965, Captain in January 1968, and to Battalion Chief in 1980. Chief Renfroe is a certified fire fighter, meeting all requirements of the Texas Commission on Fire Protection Personnel Standards and Education. He is assigned to the Operations Division of the Fire Department. Mayor Blair presented a plaque of appreciation to Battalion Chief Renfroe for his 32 1/2 years of service to the City. A.5 PRESENTATION OF APPRECIATION PLAQUE TO CITY RETIREE LIEUTENANT LUTHER MOORE OF THE FIRE DEPARTMENT. Mayor Blair presented the following information. Lieutenant Moore began his employment with the Fire Department on October 1, 1960. He received his fire fighter certification and was also trained as a dispatcher. In 1968, Luther was promoted to Lieutenant in charge of the communications, office. As communications officer, Lieutenant Moore trains all relief dispatchers. Lieutenant Moore attended several years of night classes at Dallas County Community College and earned an Associate degree in Fire Protection Technology. ' He also played an important part in the development of the Enhanced 9-1-1 system, which was activated on April 1, 1988. Additionally, Luther has assisted with the department's recent transition to the new 800 MHZ radio system which was placed in service in December of 1990. Luther has been a loyal employee of the fire department for 30 years and will be missed by all who have worked with him through the years. Mayor Blair presented Lieutenant Moore with a plaque of appreciation for his many years of service to the City. Vol. 60, Page 15 A.6 CONSIDER ACCEPTANCE OF DONATION IN THE AMOUNT OF $4000 BY HOME INTERIORS & GIFTS, INC. TO THE POLICE DEPARTMENT AND THE FIRE DEPARTMENT. Mayor Blair presented the following information for consideration. Donald J. Carter, Jr., Vice President of Home Interiors and Gifts, 4550 Spring Valley Road, has donated $2,000 each to the Police and Fire Departments. The Executive Committee for Home Interiors and Gifts elected to make this contribution which represents their support and appreciation to the Police and Fire Departments for their service to the community. The Police Department's contribution is recommended to be used for in-house training aids. The $2,000 donation for the Fire Department will be used to purchase four small microphones that will be worn inside the air masks of fire fighters. Currently, talking on a portable radio through a mask results in transmissions that are muffled and unclear. The addition of the microphones will greatly improve radio communications at the scene of emergency incidents and enhance fire fighter safety. The Acting Chief of Police and Fire Chief recommend accepting the $4,000 donation from Home Interiors and Gifts, Inc. A motion by Councilman Moses, a second by Councilman Binford, all voting "aye", accepted the $4,000 donation from Home Interiors and Gifts, Inc. and directed the appropriate letter to be sent. A.7 CONSIDER ACCEPTANCE OF FIRST QUARTER DONATIONS FOR THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Blair stated the Historical Preservation and Restoration Board has approved numerous donations to be accessed to the inventory. Jerry Wilcox, Chairman of the Historical Preservation and Restoration Board, presented the following items for Council approval. An early twentieth century crock, from Florence Mason, Farmers Branch. - A modern Kenmore sewing machine to be used for Historical Park costumes, and 3 woven chairs, from Johanna Matthews, Carrollton. - Wooden plow, middle buster (earth scraper), leather horse collar, double tree, and hames (for hitching horses to wagons and/or farm implements), all turn of the century, from Horace McGilvray, Penelope, Texas. Vol. 60, Page 16 - Two costume dresses, two hats, and a quilt frame, in memory of former Board member Jane Moreno, from Nancy Moreno, Carrollton. - Depression era cheese dish, jam dish, and a toothpick holder, from Mrs. Jack Carey, Dallas. - Reproduction brass candle holder, tin matchbox, Hereford hide, raccoon skin, cast iron pot, handmade basket, broom, turkey wing, two blue spot bowls, three spoons, and a brass bell to be used in living history interpretations from Hal Cooper, Dallas. - Sofa, chair, both mid 1800's and upholstery fabric, from Mr. and Mrs. David Bryant, Carrollton. - An original pew from the Renner Methodist Church, now located in the Historical Park, and a $100 cash donation fro Mrs. Taylor Jackson, Dallas. A 1920's plow from Clyde Horn, Dallas. - A $100 cash donation from Julia Jackson Gray, Atlanta, Georgia. - A 1920's plow from C. D. Watson, Penelope, Texas. - A $100 donation to be used to purchase a desk for the School House was received from each of the following: Newman Smith PSTA, the Sheffield PTA, the McCoy PTA, and the McLaughlin PTA. - A set of Tea Leaf pattern ironstone Chinaware including: three platters, serving bowl, seven luncheon plates, four dinner plates, gravy boat, sauce dish, four saucers, and a covered soup tureen, all 19th century from Mr. and Mrs. Joe Dingman, Farmers Branch. The Historical Preservation and Restoration Board and the Director of Parks and Recreation Department recommend acceptance of the first quarter donations for the Historical Park. A motion by Councilman Binford, a second by Mayor Pro Tem Pyle, all voting "aye", accepted first quarter donations for the Historical Park and directed for appropriate letters to be sent. A.8 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a 10 year employee service award to Rickey Coursey of the Public Works Department. Mayor Blair presented a 5 year employee service award to Donna Huerta of the Communications Division. Mayor Blair presented a 5 year employee service award to Mehran Dadgostar of the Engineering Department. A.9 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. Vol. 60, Paqe 17 B.1 - B.10 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Mayor Blair 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 Mayor Pro Tem Pyle, a second by Councilmember Davis, all voting "aye", approved adding agenda item D.6 to the Consent Agenda. A motion by Mayor Pro Tem Pyle, a second by councilman Binford, all voting "aye", approved the following Consent Agenda items. B.1 APPROVED MINUTES OF COUNCIL MEETING OF JANUARY 7, 1991. B.2 APPROVED RESOLUTION NO. 91-017 AUTHORIZING THE CITY POLICE DEPARTMENT TO OPERATE POLICE VEHICLES WITHOUT CITY MARKINGS. B.3 APPROVED RESOLUTION NO. 91-019 AUTHORIZING THE CITY MANAGER TO ENTER INTO A LETTER AGREEMENT WITH RAUSCHER PIERCE REFSNES FOR FINANCIAL ADVISORY SERVICES RELATED TO ADVANCE REFUNDING OF GENERAL OBLIGATION BONDS. B.4 ADOPTED RESOLUTION NO. 91-025 AWARDING THE BID FOR BACKSTOP OVERHANGS ON ORAN GOOD SOFTBALL FIELDS 1, 3, 4, 5 AND 6 TO NORTH LAKE FENCE AND DECK COMPANY IN THE AMOUNT OF $7,855.75. B.5 ADOPTED RESOLUTION NO. 91-001 AWARDING BIDS FOR SIGN BLANKS, BARRICADES AND GUARD RAIL MATERIALS TO VARIOUS VENDORS IN THE ESTIMATED AMOUNT OF $20,116.03 FOR THE PUBLIC WORKS AND PARKS AND RECREATION DEPARTMENTS. B.6 ADOPTED RESOLUTION NO. 91-004 AWARDING THE BID FOR CONCRETE CONSTRUCTION MATERIALS TO BARNSCO, INCORPORATED FOR AN AMOUNT NOT TO EXCEED $19,659.75 FOR THE PUBLIC WORKS DEPARTMENT. B.7 ADOPTED RESOLUTION NO. 91-015 AWARDING THE BIDS FOR WATER METERS AND STRAINERS TO VARIOUS VENDORS FOR A TOTAL AMOUNT NOT TO EXCEED $29,900 FOR THE PUBLIC WORKS UTILITY DIVISION. Vol. 60, Pane 18 u B.8 ADOPTED RESOLUTION NO. 91-016 APPROVING CHANGE ORDER NO. 1 RELATIVE TO A CONSTRUCTION CONTRACT WITH TISEO PAVING COMPANY IN THE AMOUNT OF $8,685.50 FOR VALWOOD PARKWAY RECONSTRUCTION FOR A LEFT TURN LANE ON VALWOOD PARKWAY, WEST BOUND ONLY, REQUESTED BY DALLAS COUNTY. B.9 ADOPTED RESOLUTION NO. 91-018 AWARDING A BID TO PRONTO DESIGN FOR APPLIANCES FOR THE FIRE DEPARTMENT IN THE AMOUNT OF $9,470. B.10 ADOPTED RESOLUTION NO. 91-021 AWARDING THE BID FOR RESURFACING OF THREE TENNIS COURTS TO THE TENNIS COURT COMPANY IN THE AMOUNT OF $5,300 FOR THE PARKS AND RECREATION DEPARTMENT. D.6 ADOPTED RESOLUTION NO. 91-024, AMENDING AND REVISING RESOLUTION NO. 90-184, AWARDING BIDS FOR CHEMICALS AND FERTILIZER FOR THE PARKS AND RECREATION DEPARTMENT. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report of the happenings and status of projects of the departments in the City. C.2 PUBLIC HEARING: CONSIDER APPROPRIATE REGULATIONS FOR DAY CARE FACILITIES WITH REGARD TO ZONING DISTRICTS AND OTHER DEVELOPMENT STANDARDS, INCLUDING BUT NOT LIMITED TO PARKING RATIOS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following, information for consideration. Presently, the Comprehensive Zoning ordinance allows day-care centers in office (0), Local Retail (LR-I, LR-2), Commercial (C) and Light Industrial (LI) zoning districts. No minimum parking requirement is set forth. Following public hearings on November 12, 1990, December 17, 1990 and January 14, 1991, the Planning and Zoning Commission has concluded that the Zoning Ordinance should be amended to require a Specific Use Permit (SUP) and site plan approval for day-care centers in zoning districts where the use is presently allowed. Furthermore, a restricted drop-off/pick-up area should be provided and a minimum parking standard of 1 space for each 300 square feet of floor area be established. An amending ordinance has been prepared in accordance with the findings of the Commission. Vol. 60, Pane 19 1 The Planning and Zoning Commission, by unanimous vote, recommends that the Comprehensive Zoning ordinance be amended to require a SUP, site plan, restricted drop-off/pick-up area and a minimum parking ratio of 1 to 300 for day care uses. Staff recommends that the comprehensive Zoning ordinance be amended only to require that parking be provided at a ratio of 1 space per 300 square feet of floor area for day care uses. Mayor Blair opened the public hearing. Mayor Blair recognized the following people: Robin Kiplinger, Heaven's Touch Day Care Center, spoke in opposition of the ordinance. Kari Alvarado, Denise Alvarado, Stacy Miller and Dorothy Corley, representing Heaven's Touch Day Care Center, were in attendance opposing the ordinance. Bob Riek, representing Brookhaven Country Club Child Care Center, opposed the ordinance and suggested considering its impact on existing facilities and possible alternatives. Sy Clark, representing Mrs. Richardson's School, opposed the ordinance. Hope Toland, representing Heaven's Touch Day Care Center, was in attendance opposing the ordinance. Vernon Smith, 2715 Bay Meadows Circle, spoke in favor of the ordinance. Mr. Smith stated the need for more control by the Planning and Zoning Commission and City Council as to the location of day care facilities. He also stated that he thinks that a businessman should have some recourse when a use which is not conducive to his business is trying to locate in the same area. Mayor Blair stated he had received a letter from Robbin Harrington of the Harrington School stating she was in opposition of parts of the ordinance. A motion by Councilman Binford, a second by Mayor Pro Tem Pyle, all voting "aye", closed the public hearing. After some discussion, a motion was made by Councilmember Davis, seconded by Councilman Moses, all voting "aye", to not amend the Comprehensive Zoning Ordinance and to not send it back to the Planning and Zoning Commission. Vol. 60, Paqe 20 C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF AUTO FUEL COMPANY FOR APPROVAL OF A SPECIFIC USE PERMIT FOR A GASOLINE SERVICE STATION WITHIN A LIGHT INDUSTRIAL ZONING DISTRICT AT THE NORTHEAST CORNER OF INWOOD ROAD AND SPRING VALLEY ROAD AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. This item was continued from the January 7, 1991 City Council meeting to allow the applicant sufficient time to assemble additional information necessary to properly evaluate the request. The applicant would like to erect a gasoline service station and convenience mart at the northeast corner of Inwood Road and Spring Valley Road. The proposed development will have a brick exterior building, irrigated landscaping and limited signage to better complement the high density office environment the Comprehensive Plan and surrounding zoning are attempting to cultivate. However, the proposed location of the dumpster does not provide City sanitation vehicles safe access for collection purposes and no acceptable alternative location could be found. The applicant intends to contract with a private service for refuse collection and City Staff has no objection to this alternate solution. A variance has been granted by the Zoning Board of Adjustments relieving the requirement for dedication of an additional 10 feet of right-of-way along Inwood Road. This variance will not preclude the future expansion of Inwood Road in accordance with the Master Thoroughfare Plan. The Planning and Zoning Commission, by a 6 to 1 vote, recommends the Specific Use Permit be approved subject to the following conditions: 1. The City shall have no obligation to the developer and owners of the property for refuse collection, and such refuse collection shall be the sole responsibility of the developer and owners of the property. Further, any private refuse collection conducted by the developer and owners of the property shall be subject to and conducted in accordance with all City ordinances, rules and regulations regarding refuse collection. 2. That the sign be approved subject to the provision of a Hold Harmless and Indemnity Agreement. Mayor Blair opened the public hearing and recognized Harley Rice, representing Auto Fuel Company. Mr. Rice stated he was available for any questions of Council. Vol. 60, Page 21 There being no one else wishing to speak, a motion by Councilman Binford, a second by Councilman Phelps, all voting "aye", closed the public hearing. After some discussion, a motion by Mayor Pro Tem Pyle, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 1923, approving the Specific Use Permit with the conditions recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR A GASOLINE SERVICE STATION WITHIN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT AND LOCATED ON .51 ACRE TRACT OF LAND AT THE NORTHEAST CORNER OF SPRING VALLEY ROAD AND INWOOD ROAD; 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 ($2,000.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. C.4 PUBLIC HEARING: CONSIDER THE REQUEST OF PRECISION LANDSCAPE MANAGEMENT, INC., FOR APPROVAL OF A SPECIFIC USE PERMIT FOR A LANDSCAPE AND NURSERY OPERATION LOCATED AT 13337 BEE STREET AND WITHIN THE PLANNED DEVELOPMENT NO. 34 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Precision Landscape Management wishes to expand its existing operation located at 13337 Bee Street to include two adjacent lots to the north, one which fronts Elder Street exclusively and the other which fronts both Elder and Havenhurst. Proposed improvements to the site include two small storage structures, a greenhouse, extension of the existing 8 foot tall wooden fence along Elder Street to enclose the additional properties to the north, landscaping and irrigation along Havenhurst, and a future driveway and entrance off Havenhurst Street. On December 11, 1990, the Zoning Board of Adjustment granted a variance to the front yard setback requirement along Elder Street in order that the proposed fence may align with the location of the existing fence. The fence complies with the setback requirements along all other property lines. The Planning and Zoning Commission, by a 6 to 1 vote, recommends the Specific Use Permit be approved with the Vol. 60, Pane 22 condition that the properties be platted into a single lot and that the associated developer's contract provide for the removal of the wooden fence from Elder Street right-of-way upon request and at no cost to the city. Mayor Blair opened the public hearing and stated a representative was in attendance form Precision Landscape. There being no one wishing to speak, a motion by Councilman Moses, a second by Councilmember Davis, all voting "aye", closed the public hearing. A motion by Councilman Moses, a second by Councilman Phelps, all voting "aye", adopted the following captioned Ordinance No. 1925, approving the Specific Use Permit with the condition that the properties be platted into a single lot and that the associated developer's contract provide for the removal of the wooden fence from Elder Street right-of-way upon request and at no cost to the City as recommended by the Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR A LANDSCAPE AND NURSERY OPERATION AT 13337 BEE STREET AND WITHIN THE PLANNED DEVELOPMENT NO'. 34 (PD-34) 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 ($2,000.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. C.5 PUBLIC HEARING: CONSIDER THE REQUEST OF PAGE SOUTHERLAND PAGE, ON BEHALF OF THE METROCREST HOSPITAL AUTHORITY FOR AN AMENDMENT TO THE PLANNED DEVELOPMENT NO. 18 ZONING DISTRICT AND APPROVAL OF AN ASSOCIATED SITE PLAN FOR A FIVE STORY OFFICE BUILDING WITH AN ABOVE GRADE PARKING STRUCTURE AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The proposed zoning amendment designates Planned Development No. 18 as a Medical Complex Planned Development zoning District and establishes district-wide development standards which comply with the commercial development guidelines established by the Comprehensive Plan. Key features of the proposed development standards include: (1) Maximum floor area ratio of one to one; (2) Maximum height of Vol. 60, Pane 23 II eighty feet; (3) Increase in required landscaping from five percent to 15 percent; (4) Direct vehicle access between the Medical Complex zoning district and the residential areas to the north is prohibited; and (5) Public hearings are required for approval of any site plan within the zoning district. The proposed five story office building and parking garage are to be located on the adjacent lot to the east of the existing hospital building. The office building will contain 131,000 square feet of space and is about 70.5 feet tall. The parking garage reaches a height of 46.5 feet. Although slight encroachments into the 4 to 1 proximity slope do occur, the spirit and intent of the Comprehensive Plan is maintained. The Planning and Zoning commission, by unanimous vote, recommends the proposed zoning amendment be approved as submitted and that the proposed site plan be approved with the condition that the property be replatted to remove the setback along North Medical Parkway by the adoption of proposed Ordinance No. 1924. Mayor Blair opened the public hearing and recognized Chuck Toperzer, representing Page Southerland Page. Mr. Toperzer showed a presentation reflecting height comparisons. Mayor Blair recognized Colman McClure, 3240 Myra Lane, who was in favor of the approval of the site plan. There being no one else wishing to speak, a motion by Mayor Pro Tem Pyle, a second by Councilman Phelps, all voting "aye", closed the public hearing. A motion was made by Councilmember Davis, seconded by Councilman Moses, to adopt Ordinance No. 1924 approving the zoning development standards and the site plan as recommended by the Planning and Zoning Commission. Councilman Phelps requested an amendment to Exhibit "B", Section D.2 and D.3 to add "and residential proximity slope." Councilmember Davis and Councilman Moses accepted the amendment. The vote followed with all voting "aye" to adopt the following captioned Ordinance No. 1924. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,' AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, BY ESTABLISHING REVISED DEVELOPMENT STANDARDS FOR THE PLANNED DEVELOPMENT NO. 18 (PD-18) ZONING DISTRICT WHICH IS GENERALLY BOUNDED Vol. 60, Page 24 BY WEBB CHAPEL ROAD TO THE WEST, LBJ FREEWAY TO THE SOUTH, THE REAR PROPERTY LINES OF THE RESIDENTIAL LOTS FRONTING MYRA LANE TO THE NORTH AND TEMPLETON TRAIL TO THE EAST; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH. OFFENSE; AND PROVIDING AN EFFECTIVE DATE. C.6 CONSIDER ORDINANCE NO. 1927 EXTENDING THE TERM OF THE FRANCHISE WITH TEXAS UTILITIES ELECTRIC COMPANY AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated items C.6 and C.7 were not ready for action by the Council and asked for a motion to table. A motion by Councilman Binford, a second by Mayor Pro Tem Pyle, all voting "aye", tabled agenda items C. 6 and C.7 for further information and consideration. C.7 CONSIDER ORDINANCE NO. 1928 ON FIRST READING GRANTING TEXAS UTILITIES ELECTRIC COMPANY A 25-YEAR FRANCHISE AND TAKE THE APPROPRIATE ACTION. This item was tabled in motion above. D.1 CONSIDER APPROVAL OF AN ORDER CALLING MAY CITY COUNCIL ELECTION FOR CITY COUNCIL PLACE 3 AND PLACE 5 AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. On May 4, 1991, an election for City Council Place 3 and Place 5 will be held at the Farmers Branch Manske Library, 13613 Webb Chapel. The hours for the election will be from 7:00 a.m. to 7:00 p.m. Place 3 and Place 5 position will be for a three year term. Absentee voting will be held in the Office of the City Secretary beginning April 15, 1991 and ending April 30, 1991. The hours for absentee voting will be 8:00 a.m. to 5:00 p.m., Monday through Friday. The City Hall will be open Saturday, April 27, 1991, for the convenience of the citizens to vote absentee. In the event the Council wishes to enter into a joint election contract with the County, it will be necessary to amend the election order at a later date., The City Secretary recommends issuance of the Election Order. Vol. 60, Page 25 A motion by Councilman Phelps, a second by Councilman Binford, all voting "aye", approved the Election Order calling for a City Council Election to be held on May 4, 1991 for the election of Place 3 and Place 5 by adopting ordinance No. 1922. D.2 CONSIDER ADOPTING RESOLUTION NO. CHANGE ORDER NO. 1 AND CHANGE ORDER A CONSTRUCTION CONTRACT WITH CORPORATION, FOR THE CONSTRUCTION OF 5MG GROUND STORAGE RESERVOIR AND ACTION. 91-006 APPROVING NO. 2 RELATIVE TO EAGLE CONTRACTING THE WICKER STREET TAKE APPROPRIATE Mayor Blair presented the following information for consideration. In order to meet the projected water demand for this summer, two change orders are proposed to the contract with Eagle Contracting corporation presently constructing the 5 MG Ground Storage Tank at Wicker Street. Change Order No. 1 is proposed to construct the water tap and meter in the amount of $380,825. The budget for the meter and tap is $350,000 of which $13,749.36 has been expended for design. An additional $44,574.36 is needed for the meter and tap and is available from the Water Bond Fund Contingencies. Change Order No. 2 is proposed for a revised connection in the Wicker 5 MG Ground Storage Tank in the amount of $10,427. The project budget is $2,600,000 of which $728,857.93 is uncommitted. The change orders are proposed in order to insure that the City has an adequate and reliable water supply for this summer. If the City put the Water Tap and Meter Vault out for bid, the work would not be completed by this summer. The new total contract amount with Eagle Contracting Corporation is $2,043,252. The City Engineer recommends adoption of Resolution No. 91-006 to approve Change Order No. 1 and Change Order No. 2. A motion by Mayor Pro Tem Pyle, a second by Councilmember Davis, all voting "aye", adopted Resolution No. 91-006 approving Change Order No. 1 in the amount of $380,825 and Change Order No. 2 in the amount of $10,427 to Eagle Contracting Corporation increasing the original contract total to $2,043,252. D.3 CONSIDER ADOPTING RESOLUTION NO. 91-026 APPROVING CHANGE ORDER NO. 1 RELATIVE TO A CONSTRUCTION CONTRACT Vol. 60, PacXe 26 WITH GARICO, INC., FOR THE WATER DISTRIBUTION SYSTEM TELEMETRY AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Presently the City of Farmers Branch has a contract with Garico, Inc. for the construction of the Water Distribution System Telemetry and Automation in the amount of $229,700. The project budget is $230,000. The uncommitted funding for the project is $300. In order to meet the projected water demand for this summer, a new water tap and meter from Dallas is needed. The water tap and meter are to be installed by Eagle Contracting Corporation. Change Order No. 1 to the contract with Garico, Inc. is proposed to provide for the instrumentation and telemetry associated with the Dallas Water Tap and Meter in the amount of $53,869.. The telemetry and automation for the water tap and meter was not included in the original telemetry and automation bid because Dallas had not approved the plans for the water tap and meter. Funding for this instrumentation and telemetry is available in the Water Bond Fund Contingencies. The City Engineer recommends adoption of Resolution No. 91-026 to approve Change Order No. 1 to Garico, Inc. A motion by Councilman Binford, a second by Councilman Moses, all voting "aye", adopted Resolution No. 91-026 approving Change Order No. 1 in the amount of $53,869 to Garico, Inc. increasing the original contract total to $283,569. D.4 CONSIDER RESOLUTION NO. 91-020 TO ADOPT THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AND REPORT TO MANAGEMENT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 199.0 AS SUBMITTED BY DELOITTE AND TOUCHE AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The City Charter requires an annual audit by an independent Certified Public Accountant. The audit for the year ended September 30, 1990 has been completed and the Comprehensive Annual Financial Report and Report to Management has been submitted to Council. The City Staff recommends adopting Resolution No. 91-020 to adopt the Comprehensive Annual Financial Report and Report to Management for the year ended September 30, 1990. Vol. 60, Paae 27 Mayor Blair recognized George Scott, a representative of Deloitte and Touche. Mr. Scott reviewed the procedures of the audit and welcomed any questions of council. Councilmember Davis asked if the records regarding the hotel/motel fund and Council travel account were correct. Mr. Scott replied that the records were all in compliance and accurate. Councilmember Davis asked City Manager to further explain the hotel/motel tax funds and the Council travel account. City Manager Richard Escalante stated the hotel/motel funds were to provide for development of tourism through Historical Park, Performing Arts Series, among others. The Council travel is a separate fund and does not have any relationship to hotel/motel funds. A motion by Councilmember Davis, a second by Councilman Moses, all voting "aye", adopted Resolution No. 91-020 to adopt the Comprehensive Annual Financial Report and Report to Management for the year ended September 30, 1990. D.5 CONSIDER ADOPTING RESOLUTION NO. 91-023 AWARDING THE BID FOR REFUSE SACKS FOR THE PUBLIC WORKS DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following. information for consideration. On January 25, 1991, four bids were received by the City for the annual supply of paper refuse sacks. The bid was for 1 ply recycled and 1 ply natural Kraft paper refuse sacks. The low bidder meeting specifications was Stone Container Corporation in the amount of $263,580. Funds in the amount of $318,000 are included in the Public Works Sanitation Division budget for the purchase of refuse sacks. The Director of Public Works recommends adopting Resolution No. 91-023 awarding the bid for paper refuse sacks to Stone Container Corporation. A motion by Councilman Phelps, all voting "aye", awarding the bid for the sacks to Stone Container $263,580. D.6 Consent item Moses, a second by Councilman adopted Resolution No. 91-023 annual supply of paper refuse Corporation in the amount of Vol. 60, Pane 28 D.7 CONSIDER ADOPTING RESOLUTION NO. 91-028 AWARDING BIDS FOR THE ANNUAL SUPPLY OF COPIER PAPER TO OLMSTEAD-KIRK PAPER COMPANY AND THE ANNUAL SUPPLY OF COMPUTER PAPER TO BUTLER PAPER COMPANY AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Seven bid packets were sent to vendors for the annual supply of copier and computer paper. These materials are purchased as needed during the year. Three bids were received by the City and all met specifications. Four bids were not returned. The low bid for copier paper was from Olmstead-Kirk Paper Company in an amount not to exceed an estimated $14,900. The low bid for computer paper was from Butler Paper Company in an amount not to exceed an estimated $5,100. The estimated cost for both copier and computer paper will not exceed an estimated $20,000 during the budget year. Funds for paper are provided by charges to City departments. The Communications Director recommends adopting Resolution No. 91-028 awarding bids for the annual supply of copier paper and computer paper to the low bidders meeting specifications as follows: 1. Olmstead-Kirk Paper Company - Items 1 through 5 in an amount not to exceed an estimated $14,900. 2. Butler Paper Company - Items 6 through 10 in an amount not to exceed an estimated $5,100. For a total amount not to exceed an estimated $20,000. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", adopted Resolution No. 91-028 awarding bids for the annual supply of copier paper to Olmstead-Kirk in an estimated amount not to exceed $14,900 and to Butler Paper Company for an annual supply of computer paper for an estimated amount not to exceed $5,100 with the total amount not to exceed an estimated $20,000. D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated this item is placed on the agenda for council discussion and consideration. ATTENDANCE FOR AUTHORIZED TRAVEL. 1. Henry Cisneros Municipal Leadership Symposium - Jan. 24-25, 191 (No Members attended) Vol. 60, page 29 2. Inauguration of Governor - Austin - January 15, 1991 Councilman Binford - attended Councilman Binford reported during the trip to Austin, he was also able to visit with Representative Marchant's office and found it very informative. TRAVEL REQUEST CONSIDERATION. 1. TML Legislative Briefing and Luncheon - Austin - Feb. 4, '91 2. NLC Annual Congressional City Conference - Washington March 9-12, 1991 A motion by Mayor Pro Tem Pyle, a second by Councilman Binford, all voting "aye", approved Council travel and City Manager to attend the TML Legislative Briefing in Austin, February 4, and the NLC Annual Congressional city conference in Washington, D.C. on March 9-12, 1991. D.9 CITIZEN PARTICIPATION. Mayor Blair recognized Tom Englander, 3209 Executive Circle. Mr. Englander stated that in regard to the City Council election on May 4, 1991, he requested the election be held in a manner that if there is another election that day, voters would have only one place to go to vote. Mayor Blair responded that consideration had been given to only having one place to attend to vote in the city election and if there is a state or county election then this would require precinct voting.. MAYOR BLAIR ANNOUNCED AT 9:30 P.M. THAT THE ITEMS ON THE AGENDA OR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS, THE MEETING WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION IN THE STUDY SESSION ROOM AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONAL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. MAYOR BLAIR FURTHER STATED AFTER ADJOURNMENT OF THE CITY COUNCIL MEETING, THE STUDY SESSION AGENDA WOULD BE CONTINUED. E.1 EXECUTIVE SESSION. a. DISCUSS PERSONNEL MATTERS 2(g) - ARTICLE 6252-17, SEC. Vol. 60, Page 30 1. DISCUSS APPOINTMENTS FOR SISTER CITY PROGRAM. 2. DISCUSS APPOINTMENT TO ANIMAL SHELTER ADVISORY COMMITTEE. A discussion was held relating to the appointment of a coordinator for the Sister City Program and an appointment to the Animal Shelter Advisory Committee. b. DISCUSS LAND ACQUISITION - ARTICLE 6252-17, SEC. 2 (f) 1. DISCUSS POSSIBLE LAND ACQUISITION. A discussion was held relating to possible land acquisition. THE COUNCIL RECONVENED INTO GENERAL SESSION AT 9:58 P.M.. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Mayor Pro Tem Pyle, a second by Councilman Binford, all voting "aye", appointed Betty Korioth as the coordinator for the Sister City Program. A motion by Councilman Phelps, a second by Mayor Pro Tem Pyle, all voting "aye", appointed March Walker to the Animal Shelter Advisory Committee. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated that no action was necessary relating to land acquisition discussed An the Executive Session. 10:01 P.M. - AT THIS POINT IN THE MEETING THE COUNCIL CONTINUED THE DISCUSSION OF THE STUDY SESSION ITEMS. F.1 ADJOURNMENT. A motion by Councilman Phelps, a second by Councilmember Davis, all voting "aye", adjourned the City Council meeting of January 28, 1991, at 11:38 p.m.. Mayor Dave Blair City Secretary Vol. 60, Page 31