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1991-12-09 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING DECEMBER 9, 1991 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Bill Moses Councilmembers Bob Phelps Jeff Binford Calla Davis Ron Pyle The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Steve Carpenter Assistant City Manager John Burke City Attorney John Boyle City Secretary Ruth Ann Parish Communication Director Donna Huerta Economic Development Director Norma Nichols Director of Community Services Tom Scales City Engineer Jerry Murawski Director of Finance Doug Vanderslice Director of Parks & Recreation Jeff Fuller Police Chief Jimmy Fawcett Director of Public Works Mark Pavageaux City Management Assistant David Reedy Traffic Engineer Dave Davis Recording Secretary Cindee Peters Mayor Blair called the City Council Meeting of December, 9, 1991 to order at 7:30 P.M.. The meeting was televised. Vol. 61, Page 111 A.1 INVOCATION. Councilman gave the invocation and led the pledge of allegiance to the flag. MAYOR'S ANNOUNCEMENT Mayor Blair stated he had attended the grand opening of Rosewood Furniture at 13460 Midway. Mr. Charlie Lee, Manager of Rosewood Furniture, presented the City of Farmers Branch with an oriental bowl to display at City Hall. A motion by Mayor Blair, a second by Councilwoman Davis, all voting "aye", accepted the oriental bowl. A.2 RECOGNIZE VIDEO SPECIALIST DUANE BISHOP FOR RECEIVING TOP AWARDS IN AN INTERNATIONAL VIDEO COMPETITION FOR VIDEO PRODUCTIONS. Mayor Blair presented the following information for consideration. Duane Bishop, Video Specialist in the Communications Division, was awarded a Gold Mercury Award. MerComm Inc. sponsors the MERCURY Awards for outstanding achievement in professional communications. The award was for the "Metrocrest" video which was produced to promote the Metrocrest. The video was developed for a presentation during an International Symposium held in Markham, Canada in May. Duane also received a Bronze Award for the "Focus on Farmers Branch" video which is an orientation video of City operations. This is the 4th year Duane has received awards in this International Competition, but the first year he has received a Gold. Duane has received numerous other awards during his tenure including: 1. 1988 - City Hall Digest - Award of Merit 2. 1988 - Mercury Awards - Finalist and Bronze 3. 1989 - Southern Industrial Development Council - Excellent Achievement 4. 1990 - National Association of Telecommunications Officers and Advisors - Second Place 5. 1990 - Mercury Award - Finalist 6. 1990 - Quasar Award - Bronze 7. 1991 - Mercury Award - Gold and Bronze Duane has been with the City for six years and is responsible for all audio/visual needs of the staff as well as the broadcast productions and programming of the City's Access Cable Channel 10. Vol. 61, Page 112 The City is fortunate to have such a talented individual on staff who is highly skilled at utilizing the high-tech equipment in the City Hall studio. Having video productions produced in-house saves the City thousands of dollars each year. Mayor Blair presented Duane Bishop with a certificate for his great work in producing videos for the City. A.3 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a twenty year employee service award to John Wilson of the Fire Department. Mayor Blair presented a five year employee service award to Lisa McCasland of the Community Services Department. A.4 PRESENTATION OF BOARD APPLICATIONS. Mr. Curtis Flatt presented his application for the Farmers Branch Historical Preservation and Restoration Board. Mr. James Landrum presented his application for the Farmers Branch Historical Preservation and Restoration Board. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B. 12. Mayor Blair explained 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 Moses, a second by Councilman Binford, all voting "aye", added items D.6, D.7, and D.8 to the consent agenda. A motion by Mayor Pro Tem Moses, a second by Councilman Binford, all voting "aye", approved the following Consent Agenda items. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF NOVEMBER 18, 1991. B.2 APPROVED REQUEST BY CECIL R. CRAWFORD FOR FINAL PLAT OF CRAWFORD PAINT & BODY ADDITION. Vol. 61, Page 113 B.3 ADOPTED RESOLUTION NO. 91-187 APPROVING A DEVELOPER'S CONTRACT FOR CRAWFORD PAINT & BODY ADDITION LOCATED ON THE EAST SIDE OF IH35E SOUTH OF VALWOOD PARKWAY. B.4 ADOPTED RESOLUTION NO. 91-186 ACCEPTING A UTILITY EASEMENT FROM CURTIS HODGSON FOR WATER AND SANITARY SEWER MAINS. B.5 APPROVED REQUEST BY BRUCE BIRDSONG OF PRECISION LANDSCAPE MANAGEMENT, INC., FOR FINAL PLAT OF PRECISION LANDSCAPE MANAGEMENT ADDITION. B.6 ADOPTED RESOLUTION NO. 91-188 APPROVING A DEVELOPER'S CONTRACT FOR PRECISION LANDSCAPE MANAGEMENT ADDITION LOCATED ON BEE STREET BETWEEN HAVENHURST AVENUE AND VALLEY VIEW LANE. B.7 ADOPTED RESOLUTION NO. 91-195 DELETING THE CONCEPT PLAN FOR THE PLANNED DEVELOPMENT ZONING DISTRICT NUMBER FIFTY FIVE (PD-55). B.8 ADOPTED ORDINANCE NO. 1968 FOR THE ABANDONMENT OF EASEMENT RIGHTS TO FOUR (4) PARCELS WITHIN A 1.295 ACRE TRACT LOCATED ADJACENT TO LOT A, BLOCK B, INWOOD PLAZA ADDITION. B.9 ADOPTED RESOLUTION NO. 91-172 AWARDING BIDS FOR ANNUAL REPLACEMENT OF SMALL EQUIPMENT FOR THE PARKS AND RECREATION DEPARTMENT IN THE AMOUNT OF $12,786.75. B.10 ADOPTED RESOLUTION NO. 91-178 AUTHORIZING CHANGE ORDER NO. 1 TO THE 1990/1991 SIDEWALK REPAIR CONTRACT IN THE AMOUNT OF $16,387.25 TO GERRY'S CONCRETE TO PROVIDE FOR ADDITIONAL SIDEWALK REPLACEMENT AND EXTENDING THE CONTRACT TIME BY AN ADDITIONAL 110 WORKING DAYS. B.11 ADOPTED RESOLUTION NO. 91-183 AWARDING THE BID FOR CONSTRUCTION OF A FENCE AROUND THE TEMPLETON WATER FACILITY SITE TO VANN/ELLI, INC. IN THE AMOUNT OF $23,300.00. B.12 ADOPTED RESOLUTION NO. 91-185 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH APPLIED EARTH SCIENCES,INC. FOR ENVIRONMENTAL SERVICES RELATING TO REMOVING UNDERGROUND STORAGE TANKS AT THE SENLAC Vol. 61, Page 114 amendment of PD-47, the proposed site plan and the proposed concept plan all be denied. The proposed development is incompatible with existing development in the area and inconsistent with the objectives of the Comprehensive Plan. Mayor Blair asked if representatives from Discount Tire Company were present. Mayor Blair stated no one was present. Mayor Blair stated representatives from Discount Tire Company indicated in the Study Session they would not be present. Mayor Blair opened the public hearing and recognized Fred Johnson. Mr. Fred Johnson of 12212 Ridgefair stated he would like to echo the recommendation of the Planning and Zoning Commission to deny this request. Mr. Johnson stated this is the front porch of Farmers Branch and would not be an appropriate use for the area. Mr. Johnson also commended the City Council and city management for the light display at the historical park and entire city. Mr. Joe Davis of 12106 Ridgefair stated he also would like the City Council to deny this request. Mr. Roy Rinker of 12205 Treeview requested this request be denied. Mr. Clifford Daniels stated he was new to the neighborhood but would also like to see this request denied. Mr. Derek Williams stated he also was not in favor of the request. Ms. Pam Youngblood, representing One Liberty Plaza at 2915 LBJ, stated she was opposed to the request. A motion by Councilman Phelps, a second by Mayor Pro Tem Moses, all voting "aye", closed the public hearing. Mayor Blair explained the representatives from Discount Tire Company understood the feelings of residents in the area. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", denied the request of Discount Tire Company to amend Planned Development Number 47 Zoning District to allow retail sales. C.3 CONSIDER A REQUEST FROM STOR TO APPROVE A NEW CONCEPT PLAN FOR A RETAIL SHOPPING CENTER ON A 17.5 ACRE TRACT OF LAND LOCATED AT THE NORTHWEST CORNER OF LBJ FREEWAY AND MIDWAY ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 68 ZONING DISTRICT (PD-68) AND TAKE APPROPRIATE ACTION. Vol. 61, Page 116 Mayor Blair presented the following information for consideration. At its November 4, 1991 meeting, the City Council adopted Ordinance No. 1965, changing the zoning designation of the subject property from PD-51, which limited principal uses to office and office-related uses, to PD-68, allowing a variety of retail uses in addition to the office uses. A site plan was also approved for a retail shopping center for the STOR Corporation. STOR now has a prospective second anchor tenant for the proposed shopping center development. The tenant requires more contiguous floor space than the current site plan's building configuration will accommodate. Therefore, a site plan modification will be needed. The PD-68 zoning standards require a two phase site plan approval, concept plan approval and final site plan approval. STOR has submitted a concept plan for consideration. The proposed concept plan places two large anchor stores side by side, generally along the west property line facing east. The total floor area for both buildings is approximately 265,000 square feet. All vehicular access points to the site remain essentially unchanged from the previously approved site plan and about the same amount of landscaping is provided. Prior to any development taking place, detailed site plans, landscaping and irrigation plans, grading and utility plans must be approved and the entire property platted. Due to time constraints, the Planning and Zoning Commission held a special meeting to consider this request earlier this evening. The Planning and Zoning Commission, by unanimous vote, recommended approval of the new concept plan and issues on access, signage, and landscaping be resolved at the time of site plan approval. Mr. George Ferrara from STOR came forward and presented the new concept plan for the area. Mr. Ferrara stated previous restaurant sites have now been removed to allow for more parking for the two retail tenants. Mr. Ferrara stated at this time no change in access is planned. Mayor Blair asked if the facade in the front of STOR's building would continue on all sides of the structure. Mr. Ferrara stated the building would continue with the scored square design through out the structure. Mr. Ferrara felt the structure would blend in with current type uses in the area. City Manager Richard Escalante asked Mr. Ferrara to explain what type store the new tenant would be. Vol. 61, Page 117 Mr. Ferrara stated PACE is a membership type store, similar to Sam's Wholesale Club. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", approved the new concept plan as recommended by the Planning and Zoning Commission. Mayor Blair asked how much the City would receive in sales tax revenue. Norma Nichols, Director of Economic Development stated the City would receive a total of approximately $1.5 million per year of sales tax for both stores. DA CONSIDER ADOPTING RESOLUTION NO. 91-179, AWARDING THE BID FOR THE REMOVAL AND DISPOSAL OF UNDERGROUND STORAGE TANKS, AND THE INSTALLATION OF A NEW FUEL STORAGE, DISPENSING, AND MANAGEMENT SYSTEM AT THE SENLAC SERVICE CENTER TO J-B-H SERVICE & EQUIPMENT, INC. AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Requests for bids were sent to twelve vendors for the removal and disposal of underground storage tanks, and the installation of a new fuel storage, dispensing, and management system at the Senlac Service Center. Eight bids were received and opened November 8, 1991. Six (6) bids met specifications. One vendor submitted a bid for the tank removal only and one bidder submitted a no-bid. The lowest bid was received from J-B-H Service & Equipment, Inc. in the amount of $93,625.00. This cost includes $8,100.00 for the removal and disposal of two (2) 10,000 gallon tanks, and $85,525.00 for the installation of one (1) 6,000 gallon diesel tank, one (1) 10,000 gallon gasoline tank, dispensers, and a fuel management system. The removal cost of $8,100.00 would be eligible for reimbursement under the State Petroleum Storage Tank Remediation Fund. The fuel storage and dispensing system at the Senlac Service Center has been out of service since May, 1991 because of fuel leaks and the risk of ground water contamination. The underground storage tank upgrade project is a multi-year program for City owned tanks. The program's purpose is to comply with Federal and State regulations. Program funding is provided in the Non-Bond Capital Improvement Program budget in the amount of $418,000. The Director of Equipment Services recommends adopting Resolution No. 91-179 awarding the bid to J-B-H Service & Equipment, Inc. in the amount of $93,625. Councilman Phelps asked if the new system would also be underground. Mr. Don Moore stated the new system is also underground. Vol. 61, Page 118 A motion by Councilman Phelps, a second by Mayor Pro Tem. Moses, all voting "aye", adopted Resolution No. 91-179 awarding the bid to J-B-H Service and Equipment, Inc. in the amount of $93,625. D.2 CONSIDER ADOPTING RESOLUTION NO. 91-180 AWARDING BIDS FOR CHEMICALS AND FERTILIZERS FOR THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Bid requests for an annual supply of chemicals and fertilizers for the Parks and Recreation Department were sent to fourteen vendors. Nine vendors submitted bids. Five vendors declined to bid for various reasons. One vendor did not meet specifications on a pre-emergent herbicide. Staff provided information to the City Council outlining the reason for rejection of the low bid on that item. Staff recommends awarding the low bids meeting specifications. The total cost of low bid items meeting specifications is $67,427.47. There is $70,400 budgeted for an annual supply of chemicals and fertilizers in the 1991-92 budget. The Director of the Parks and Recreation Department recommends adopting Resolution No. 91-180 awarding bids for an annual supply of chemicals and fertilizers for the Parks and Recreation Department in the total amount of $67,427.47. The bids are from Estes, Inc. for $26,239.81; Van Waters & Rogers, Inc. for $8,657.60; Sports Turf Supply, Inc. for $8,144.05; Terra International, Inc. for $4,183.84; Esco Distributors, Inc. for $5,958.17; Harpool Fertilizer Company for $9,360.00; James Lincoln Corporation for $3,080.00; and Opti-Gro for $1,804.00. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 91-180 awarding bids for chemicals and fertilizers for the Parks and Recreation Department in the total amount of $67,427.47. D.3 CONSIDER ADOPTING RESOLUTION NO. 91-181 AWARDING A BID FOR A THREE GANG RIDING MOWER FOR THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Bid requests for a three gang riding mower for the Parks and Recreation Department were sent to six vendors. Five bids were received, one was not returned because the company's purchasing agent was out of town when the bid packet arrived. There is $45,000 budgeted for the purchase of a three gang riding mower in the 1991-92 budget. The low bid meeting specifications is from Weff Industries in the amount of $44,260. Vol. 61, Page 119 This unit will replace two mowing units, a 1984 Excel Hustler Mower and a 1981 International Tractor, which will be disposed of at the city auction. Staff estimates these units will sell for approximately $1,700 at auction. The Director of the Parks and Recreation Department recommends adopting Resolution No. 91-181 awarding the bid of a three gang riding mower for the Parks and Recreation Department to Weff Industries in the amount of $44,260. A motion by Councilman Pyle, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 91-181 awarding the bid for a three gang riding mower for the Parks and Recreation Department in the amount of $44,260. DA CONSIDER ADOPTING RESOLUTION NO. 91-182 AWARDING THE BID FOR FARMERS BRANCH CREEK EROSION CONTROL IMPROVEMENTS EAST OF WINN PARK TO LINDER-STAHL CONSTRUCTION CO., INC. AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Bids for Farmers Branch Creek Erosion Control Improvements East of Winn Park were received on Wednesday, November 20, 1991. The low bidder was Linder-Stahl Construction Company, Inc. submitting a bid of $329,490.00 with a contract time of 150 calendar days. They have requested in writing that their bid be withdrawn because of an error made in compiling their bid proposal. The low bid from Linder-Stahl and materials testing bring the project cost to $333,316.00. The second lowest bidder was Humphrey and Morton Construction Company, Inc. submitting a bid of $437,490.10 with a contract time of 150 calendar days. The second low bid from Humphrey and Morton and materials testing bring the project cost to $441,316.10. Both contractors have provided adequate qualifications and references for similar work. The project is a part of the 1991-92 Drainage Bond Capital Improvement Program. Funds are available in the amount of $469,933.00 for construction and materials testing of this project. The City Staff recommends awarding the bid for construction of the Farmers Branch Creek Erosion Control Improvements East of Winn Park to Linder-Stahl Construction Company, Inc., in the amount of $329,490.00. Staffs recommendation is based on the lowest bid received meeting specifications. The City Council may want to consider Linder-Stahl's request to withdraw in awarding the bid for this project. Mayor Blair asked City Attorney John Boyle to give a summary on options available to the Council. Mr. Boyle stated if the bid was an honest mistake the City Council can allow Linder-Stahl to withdraw their bid. Mr. Boyle stated if the City Council felt the Vol. 61, Page 120 bid was not an honest mistake the City Council has the prerogative to award the bid and if the contractor fails to honor the contract, the City Council can present the bid bond which is 5 % of the job value. Mr. Boyle also stated the City Council has the option to award the bid to the second lowest bidder or can readvertise for new bids. Mayor Blair felt Linder-Stahl should be allowed to withdraw their request due to a major mistake in calculating the bid. Mayor Pro Tem Moses asked Mr. Murawski when the mistake was found. Mr. Murawski, City Engineer, stated bids were opened on November 20, 1991, at 3:30 p.m. and Linder-Stahl called Mr. Murawski at 5:00 p.m. on November 20, 1991. Mayor Pro Tem Moses asked if any danger or extra work would be involved if the work was put off. Mr. Murawski stated severe erosion along Farmers Branch Creek may cause private property to erode if there is any delay in the work. Mr. Murawski stated if the bid is awarded tonight it would still put the work into the rainy season. Mr. Murawski stated private parking lots and curb and gutters could be in jeopardy. Councilman Phelps felt this item should be rebid. Mr. Phelps stated with bid amounts publicized, contractors have approximately $50,000 range to rebid. Councilman Binford felt this issue had gone on too long and the Council should accept Linder-Stahl's withdrawal and award the bid to the next lowest bidder. Councilman Binford stated if this project was readvertised the City could receive a reduced number of bids. A motion by Councilman Binford, a second by Councilman Pyle, with Binford, Davis and Pyle voting "aye" and Moses and Phelps voting "nay". The motion carried with a 3 to 2 vote to allow Linder-Stahl Construction Company, Inc. to withdraw their bid and to adopt Resolution No. 91-182B awarding the bid for construction of the Farmers Branch Creek Erosion Control Improvements east of Winn Park to Humphrey and Morton Construction Company, Inc. in the amount of $437,490.10. D.5 CONSIDER ADOPTING RESOLUTION NO. 91-184 AWARDING THE BID FOR THE MUSTANG TRAILS LIGHTING TO GROVES ELECTRICAL SERVICE, INC. AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Mustang Trails Lighting is a Park Bond Project budgeted in the amount of $50,000.00. The project balance is $46,085.04 after expenditures for design and reproduction in the amount of $3,914.96. Vol. 61, Page 121 The project design provides for rewiring the existing lighting system including underground conduit. In addition, all lights will be placed on three circuits equipped with one photoelectric cell each, thereby, replacing individual photoelectric cells at each light. The light fixtures and poles will also be cleaned and repainted. The project was bid on November 15, 1991, and two bids were received, both meeting specifications. The low bid was received from Groves Electrical Service, Inc. in the amount of $33,461.50. Groves Electrical Service, Inc. has provided adequate qualifications and references for similar work. The City Engineer recommends that the Mustang Trails Lighting be awarded to Groves Electrical Service, Inc., in the amount of $33,461.50 by adopting Resolution No. 91-184. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", adopted Resolution No. 91-184 awarding the bid for the Mustang Trails Lighting to Groves Electrical Service, Inc. in the amount of $33,461.50. D.6 CONSENT D.7 CONSENT D.8 CONSENT D.9 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair gave a report on his recent meeting with the Railroad Commission on trucking deregulation. Mayor Blair explained Mr. Kruger was very helpful, but two other members of the Commission were not in favor of the proposal. Mayor Blair stated six representatives from companies were present to show the Commission the cost of doing business in Texas. Mayor Blair stated a member of the Commission was up for reelection and would continue this important issue after the election was held. Mayor Blair stated the Commission had paid his airfare to Austin. Councilwoman Davis asked that another member of the City Council accompany Jerry Murawski to Austin for a meeting on December 12, 1991. Councilwoman Davis explained this meeting concerns the Trinity River Erosion Control Study. Councilwoman Davis stated she has another commitment on this date. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye" approved travel for a member of Council to accompany Mr. Murawski to Austin. D.10 CITIZEN PARTICIPATION. Vol. 61, Page 122 There was no one in the audience wishing to speak. MAYOR BLAIR ANNOUNCED THAT ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION. THE DISCUSSION OF THE ITEMS BEGAN AT 6:50 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 7:06 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION AT THE STUDY SESSION. THE ACTION ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION WERE RECESSED UNTIL THE 7:30 P.M. MEETING. E.1 DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTMENT TO THE LIBRARY BOARD. 2. DISCUSS APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENTS AND BUILDING CODE BOARD OF APPEALS. A discussion was held relating to the appointments in the Study Session. ACTION TAKEN BY COUNCIL AT THE 7:30 P.M. MEETING OF THE EXECUTIVE SESSION ITEMS DISCUSSED IN THE STUDY SESSION BEGINNING AT 6:50 P.M. AND ENDING AT 7:05 P.M. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Davis, a second by Councilman Pyle, with all voting "aye", appointed Clyde James to serve Place 6, on the Library Board to serve an unexpired term expiring May 1, 1993. A motion by Councilman Davis, a second by Councilman Phelps, all voting "aye reappointed the following to serve on the Zoning Board of Adjustments and Building Code Board of Appeals: Place 1 - Kathryn Reeves to serve until March, 1992. Place 3 - Junie Smith to serve until May, 1992. Place 4 - William Hinckley to serve until December, 1992. F.1 ADJOURNMENT. A motion by Councilman Binford, a second by Councilman Phelps, all voting "aye", adjourned the City Council meeting of December 9, 1991, at 8:47 P.M. Vol. 61, Page 123 Mayor City Secretary E Vol. 61, Page 124