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1994-01-24 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JANUARY 24, 1994 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Calla Davis Ron Pyle Bill Moses Bob Phelps Nancy Hardie The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Communication Director Economic Development Director Director of Community Services Director of Planning City Engineer Director of Equipment Services Director of Finance Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works City Management Assistant Traffic Engineer Recording Secretary Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish Donna Huerta Norma Nichols Tom Scales Michael Spicer Jerry Murawski Don Moore Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux David Reedy Dave Davis Cindee Peters Vol. 66, Page 1 Mayor Blair called the City Council Meeting of January 24, 1994 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 ACCEPTANCE OF DONATION IN THE AMOUNT OF $2000 BY HOME INTERIORS & GIFTS, INC. TO THE POLICE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair stated that Home Interiors & Gifts, Inc. has made a contribution of $2,000 to the Police Department on behalf of the nearly 40,000 associates, employees, officers and directors. It represents their support and appreciation to the Police Department for their service to the community. The donation will be used to purchase physical fitness equipment for the conditioning of personnel. The Chief of Police recommends accepting the $2,000 donation from Home Interiors & Gifts, Inc. to be used to purchase physical fitness equipment for the conditioning of personnel. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", accepted the $2,000 donation from Home Interiors & Gifts, Inc. A.3 PRESENTATION OF APPRECIATION PLAQUE TO CITY RETIREE OFFICER CHARLES STONE OF THE POLICE DEPARTMENT. Mayor Blair stated that Charles Stone, known as "Stoney", began his employment with the Police Department on June 12, 1964. When he began work, there were 18 police officers working for the City serving a population of approximately 15,000. Stoney came to the City from University Park Police Department where he was employed for three years. He has served the Farmers Branch Police Department for 29-1/2 years. Working his entire career in the Patrol Division, he was recognized as Officer of the Year in 1969. He currently holds an Advanced Certificate from the Texas Commission on Law Enforcement Officer Standards and Education. Stoney is a member of the Cal-Tex Motorcycle Club. This is an organization of law enforcement officers from California and Texas. The major activities of the club includes three road rallies each year. [l Vol. 66, Page 2 Upon retiring January 31, 1994, "Stoney" and his wife, Cathy, plan to travel in the 30 foot travel trailer he has just purchased. He has three sons and one daughter. Mayor Blair presented "Stoney" with an appreciation plaque from the City. A.4 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a five year employee service award to Gerald Holcomb of the Parks and Recreation Department. Mayor Blair presented a five year employee service award to Brent Hanson of the Library. Mayor Blair presented a five year employee service award to Ed Chesson of the Police Department. Mayor Blair presented a five year employee service award to Ken Qualls of the Community Services Department. Mayor Blair announced that Boy Scout Troop 721 of the Royal Village Apartments were in attendance to receive their citizenship badge. A.5 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.2. Mayor Blair stated that under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Davis, a second by Councilman Pyle, all voting "aye", added agenda items D.1, D.3, and D.4 to the consent agenda. A motion by Mayor Pro Tem. Davis, a second by Councilman Pyle, all voting "aye approved the following Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JANUARY 10, 1994. Vol. 66, Page 3 B.2 ADOPTED RESOLUTION NO. 94-002 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LANTIS PRODUCTIONS, INC. FOR A FIREWORKS SHOW ON SUNDAY, JULY 3, 1994 IN AN AMOUNT NOT TO EXCEED $30,000. D.1 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 2096 WHICH AMENDS SECTIONS 3-56, 3-57 AND 3-76 OF THE CODE OF ORDINANCES TO ALLOW TEMPORARY OUTSIDE SALES UNDER CERTAIN CONDITIONS IN LOCAL RETAIL ONE (LR-1) AND LOCAL RETAIL TWO (LR-2) ZONING DISTRICTS AND DELETING THE REQUIREMENT FOR A SIGN BOND. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, BY AMENDING ARTICLE III SIGNS; BY DELETING SECTIONS 3-56 AND 3-57; BY AMENDING SECTION 3- 76 BY ADDING PARAGRAPH 1 AND 2 TO ALLOW OUTSIDE MERCHANDISE DISPLAY UNDER SPECIFIC CONDITIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) PER EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EMERGENCY. D.3 ADOPTED RESOLUTION NO. 94-004 THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AND REPORT TO MANAGEMENT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1993, AS SUBMITTED BY ARTHUR ANDERSEN. DA ADOPTED RESOLUTION NO. 94-007 WHICH EXTENDS THE TIME PERIOD FOR EXAMINATION OF TCI CABLEVISION BENCHMARKS FOR BASIC CABLE TELEVISION RATES BY NINETY DAYS. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happening and status of projects in the departments of the City. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF TRANS TEXAS INVESTMENT PROPERTIES, INC., TO AMEND THE PLANNED DEVELOPMENT NUMBER 66 ZONING DISTRICT (PD-66) PERMITTED USES AND DEVELOPMENT STANDARDS AND APPROVE AN ASSOCIATED SITE PLAN FOR A RETAIL DEVELOPMENT TO BE LOCATED AT THE NORTHEAST CORNER OF MIDWAY ROAD AND THE LBJ FREEWAY, WITHIN THE PD-66 ZONING DISTRICT, AND TAKE APPROPRIATE ACTION. Vol. 66, Page 4 Mayor Blair presented the following information for consideration. At the request of the applicant, this public hearing was continued from the City Council's January 10, 1994 meeting. The PD-66 zoning district includes approximately 10 acres of vacant land located at the northeast corner of LBJ frontage road and Midway Road. Principal land uses permitted in PD-66 are currently limited to office, hotel and secondary office-related uses. The proposed amendment would allow a variety of retail uses as principal uses, in addition to office and hotel uses, and modify the existing development standards to better accommodate a retail shopping center. The proposed site plan would allow approximately 138,600 gross square feet of retail floor space. Both the proposed zoning and the proposed site plan are consistent with the long range planning objectives for the City's east side. The Planning and Zoning Commission, by unanimous vote, recommends proposed Ordinance No. 2100 be adopted which would amend the PD-66 zoning district to add retail uses as principal uses, modify the development standards to better accommodate retail development, and approve an associated site plan for a retail shopping center as submitted. Mayor Blair opened the public hearing. Mr. Bill Hutchison, representing Teachers Insurance and Annuity Association, stated they would like to develop this land as a retail shopping center. Mr. Hutchison explained they have a contract with Best Buy to locate in this retail shopping center. Mr. Hutchison apologized for the delay but felt extra time was needed to work on some minor design details. Mr. Hutchison stated existing development standards to allow office and hotel uses would be retained. Mr. Hutchison introduced Mr. Tim Hilger of Best Buy who could answer any questions the City Council might have. Mr. Hilger stated he was pleased to be a business member of Farmers Branch and that Best Buy has done well in this market. There being no further discussion, a motion by Councilman Phelps, a second by Councilwoman Hardie, all voting "aye", closed the public hearing. Mayor Pro Tem Davis asked if the applicant had a sketch of the building or a site plan. Mr. Hutchison presented the site plan to the City Council and stated the applicant has not designed a building until they receive zoning approval. Mr. Hutchison explained the traffic flow into and out of the building site. Mr. Hutchison stated there would be only one master sign for the tenants. Mr. Hutchison stated the building would be a major Vol. 66, Page 5 gateway to the City. City Manager Richard Escalante stated the City Council should be aware that one revision had been made to the site plan since receiving approval from the Planning and Zoning Commission. Mr. Escalante stated access to the loading docks has been changed. There being no further discussion, a motion by Mayor Pro Tem Davis, a second by Councilman Phelps, all voting "aye", adopted the following captioned Ordinance No. 2100 which would amend the PD-66 zoning district to add retail uses as principal uses, modify the development standards to better accommodate retail development, and approve an associated site plan for a retail shopping center as submitted including the exhibit shown earlier tonight. 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 AMENDING THE PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 66 (PD-66) USE AND DEVELOPMENT STANDARDS WHICH INCLUDES APPROXIMATELY 10. 15 ACRES OF PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE WESTBOUND LBJ FREEWAY SERVICE ROAD AND MIDWAY ROAD; REPEALING ORDINANCE 2039; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Davis asked when the store would be open. Mr. Hilger replied the grand opening was set for July 15, 1994 or earlier if possible. C.3 PUBLIC HEARING: CONSIDER REQUEST OF MICHAEL L. GREGORY FOR APPROVAL OF A SPECIFIC USE PERMIT-INTERIM USE TO ALLOW OUTDOOR STORAGE OF PLUMBING MATERIALS AT 1641 KEENAN BRIDGE ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 22 (PD-22) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The request site is a 1.6 acre parcel located on the north side of Keenan Bridge Road approximately 420 feet east of Luna Road. A single story, brick office building, 1664 square feet in area and a metal storage building 1600 square feet in area presently occupy the site. Two interim use specific use permits were granted in 1990 to allow outdoor storage and repair of heavy construction equipment on the property related to Mr. Gregory's excavation business. Both of these SUPs expire in December of 1995. Vol. 66, Page 6 Mr. Gregory now intends to cease operations on Keenan Bridge Road and lease the property to a plumbing supplies business. Consequently, a new Specific Use Permit- Interim Use is being requested to allow for expansion of the storage building to 4,800 square feet and outdoor storage of plumbing equipment and materials. Outdoor storage is permitted within the PD-22 zoning district subject to approval of a Specific Use Permit. The Planning and Zoning Commission, by unanimous vote, recommends approval of the Specific Use Permit-Interim Use to allow outside storage of plumbing materials for a period of five years as requested. Mayor Blair opened the public hearing. Mr. Angelo Carroll, representing Mr. Gregory came forward. Mr. Carroll stated he would answer any questions the City Council might have. Councilman Phelps asked if the proposed addition would also be a metal building. Mr. Carroll replied that this was correct. There being no further discussion, a motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", approved the following captioned Ordinance No. 2105 approved the Specific Use Permit-Interim Use to allow outside storage of plumbing materials for a period of five years as requested. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT-INTERIM USE (TO EXPIRE ON FEBRUARY 1, 1999) TO ALLOW OUTDOOR STORAGE OF PLUMBING MATERIALS WITHIN THE PLANNED DEVELOPMENT NO. 22 (PD-22) ZONING DISTRICT ON A 1.6 ACRE TRACT OF LAND SPECIFICALLY DESCRIBED AS THE GREGORY ADDITION AND MORE COMMONLY KNOWN AS 1641 KEENAN BRIDGE ROAD; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CA PUBLIC HEARING: CONSIDER AMENDING ARTICLES 8-107,8-700,14-101, AND 14-109 OF THE COMPREHENSIVE ZONING ORDINANCE TO ALLOW TEMPORARY OUTSIDE SALES UNDER CERTAIN CONDITIONS IN LOCAL RETAIL ONE (LR-1) AND LOCAL RETAIL TWO (LR-2) ZONING DISTRICTS AND ALLOWING MULTIPLE TENANT IDENTIFICATION AND SINGLE TENANT Vol. 66, Page 7 IDENTIFICATION SIGNS TO BE PLACED IN THE REQUIRED FRONT YARDS OF LR-1 AND LR-2 ZONING DISTRICTS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. As part of the City's initiative to assist retail businesses and encourage shopping in Farmers Branch shopping centers, Staff was directed to revise Zoning and Sign Ordinance provisions regulating outdoor sales and retail signs. After consulting with local retailers, Staff prepared a proposed ordinance it believes will benefit local retailers. The proposed ordinance would allow retailers to hold sidewalk sales, subject to certain regulations, without having to petition the Building Code Board of Appeals as is presently required. Retailers will also have the option of using free-standing monument signs and multiple tenant identification signs which can be located closer to abutting streets for greater visibility. The Planning and Zoning Commission, by unanimous vote, recommends proposed Ordinance No. 2102 be adopted which amends the Comprehensive Zoning Ordinance to allow temporary outside sales in Local Retail-One (LR-1) and Local Retail-Two (LR-2) zoning districts and allows multiple tenant identification and single tenant identification signs within the required front yards of LR-1 and LR-2 zoning districts. Mayor Blair opened the public hearing. There being no discussion, a motion by Councilwoman Hardie, a second by Mayor Pro Tem Davis, all voting "aye", closed the public hearing. Councilwoman Hardie stated the tenants were a great help to City Staff with their input in coming to these decisions. There being no further discussion, a motion by Councilwoman Hardie, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2102 which amends the Comprehensive Zoning Ordinance to allow temporary outside sales in Local Retail-One (LR-1) and Local Retail-Two (LR-2) zoning districts and allows multiple tenant identification and single tenant identification signs within the required front yards of LR-1 and LR-2 zoning districts. 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 AMENDING SECTION 8-107 TO ALLOW TEMPORARY OUTSIDE SALES IN LR-1 AND LR-2 ZONING DISTRICTS; BY AMENDING SECTION 8-700 BY ADDING DEFINITIONS RELATING TO TEMPORARY OUTSIDE SALES AND SIGNS; BY AMENDING SECTION 14-101 BY ADDING MULTIPLE TENANT IDENTIFICATION SIGN AND SINGLE TENANT Vol. 66, Page 8 IDENTIFICATION SIGN; BY AMENDING SECTION 14-109 BY ADDING STANDARDS FOR MULTIPLE TENANT IDENTIFICATION SIGN AND SINGLE TENANT IDENTIFICATION SIGNS; PROVIDING A SAVING CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) AND DECLARING AN EMERGENCY. D.1 CONSENT. D.2 CONSIDER ADOPTING RESOLUTION NO. 94-005 AUTHORIZING THE CITY MANAGER TO EXECUTE TAX ABATEMENT AND DEVELOPMENT AGREEMENT BETWEEN CITY OF FARMERS BRANCH, PARK WEST E-2 ASSOCIATES AND SPRINT COMMUNICATIONS, COMPANIES, L.P. AND TAKE APPROPRIATE ACTION. City Manager Richard Escalante stated this tax abatement was between 3 parties, Sprint, Prentiss Properties and the City. Mr. Escalante stated the attorney's for each party could not resolve all issues and sign off on the agreement before the meeting tonight. There being no further discussion, a motion by Councilman Phelps, a second by Councilman Moses, all voting "aye postponed this item until the February 7, 1994, City Council meeting. D.3 CONSENT. DA CONSENT. D.5 CONSIDER ADOPTING RESOLUTION NO. 94-008, AWARDING THE BID FOR RECARPETING THE REMAINDER OF THE LIBRARY TO CSI/CDC CORPORATION AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Completion of recarpeting at the Library is included in the 1993-94 budget in the amount of $47,360 and includes the east portion of the main floor, the downstairs area and the work area. The remainder of the Library was recarpeted in the fall of 1992. Only one vendor, CSI/CDC Corporation, bid to complete recarpeting of the Library. Their bid met specifications and was for $58,710. The seven other vendors were contacted to determine why they did not bid. Four vendors stated that they did not have staff and time available to bid for and complete the project in a timely manner. One said their firm could not bond the job while another said they could not be competitive. The last company stated they were. not interested in the job. Vol. 66, Page 9 An additional $11,350 is needed for completing the recarpeting of the Library. These funds are available from the 1993-94 Fixed Asset Fund. The Library Director recommends adopting Resolution No. 94-008 awarding the bid for completion of recarpeting the Library to CSI/CDC Corporation in the amount of $58,710. Mayor Blair asked why the increase in the amount of $11,350 for this carpet. Mayor Blair asked why not re-bid this project. Mary Jane Stevenson, Library Director, explained staff had spoken with each vendor and after conversations with these vendors felt the City would not receive a better bid by re- bidding this project. Ms. Stevenson stated that CSI/CDC Corporation stated labor costs had gone up and the company was merging with another company. Ms. Stevenson stated staff considered the possibility of re-bidding this project before they spoke to the manufacturer. Ms. Stevenson stated the manufacturer had given staff the names of vendors who dealt in this brand of carpet and those vendors were included on the bid list. Mayor Blair stated he had a problem working with one vendor because the City would not know if a good bid was received. Mr. Escalante stated the City Council could decide to reject these bids and re-bid this project. Mr. Escalante explained staff did contact other vendors who were sent bid packets and none indicated they would re-bid. Mayor Blair stated that carpeting is a very competitive business and thought the City could find other vendors than were on staffs list. Mary Jane Stevenson stated only so many vendors could match the brand of carpet. Ms. Stevenson stated the City could still run the risk of a die-lot not matching the existing carpet. Ms. Stevenson explained only certain vendors have a contract with this carpet mill. Mayor Pro Tem Davis stated the increased cost of labor was intensive. Mayor Pro Tem Davis asked why a bond would be needed on this project. Ms. Stevenson understood it was for liability reasons if someone got hurt. Mayor Pro Tem Davis stated a bond was required only to insure the job was completed. Mr. Jerry Murawski, City Engineer, explained there were two bonds mandated by law; a performance bond to insure the project is completed and a payment bond to insure the carpet mill is paid. Vol. 66, Page 10 Mr. John Boyle, City Attorney, stated both bonds are required on a job this size and the payment bond being the most critical because this is where law suits occur. Mayor Pro Tern Davis asked if staff contacted the manufacturer to find vendors who installed this type carpet. Ms. Stevenson stated staff had contacted the manufacturer and received the names of vendors in the area as well as two or three more vendors. Mayor Blair asked if this carpet was kept in stock or would a contractor have to go back to the mill to purchase the carpet. Ms. Stevenson stated CSI/CDC Corporation did not have this carpet in their warehouse because they were not certain they would receive the bid. Mr. Steve Carpenter stated all aspects of the purchasing act had been complied with. Mr. Carpenter stated there was an increase of $2.70 per square yard on the carpet since the last carpet was installed. Mr. Carpenter stated this was not the same square yardage as previously installed and covered a larger area than before. Mayor Blair felt with more carpet required the City should receive a better bid. Mr. Escalante stated bid packets had been sent to vendors the manufacturer had recommended. Mr. Escalante stated the City Council needed to decide to re-bid and see if the contractor keeps the same price or a new vendor bids with a lower price. Mayor Blair state he would like to conclude this project but would like to suggest with the 20% increase that the City re-bid the project. Mayor Pro Tern Davis stated a 5 % or 10 % increase in the work would be normal but this was higher and felt something was not right. Councilman Phelps explained that approximately 2300 yards of carpet were to be installed and if you multiply the new price by this yardage there is only a $7,000 difference. There being no further discussion, a motion by Mayor Blair, a second by Mayor Pro Tern Davis, all voting "aye", reject the bid received and requested staff to re-bid this project with every effort to contact more vendors. D.6 CONSIDER ADOPTING RESOLUTION NO. 94-003 AUTHORIZING THE CITY STAFF TO PURCHASE ON STATE CONTRACT NINE POLICE PATROL VEHICLES, ONE EXTENDED CARGO VAN, ONE FULL SIZE SEDAN, THREE INTERMEDIATE SEDANS, ONE 1/2 TON PICKUP TRUCK, ONE 3/4 TON PICKUP Vol. 66, Page 11 TRUCK, ONE 3/4 TON UTILITY TRUCK AND ONE 1 TON FLATBED TRUCK AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The 1993-94 Fixed Asset Fund for equipment replacement includes $247,500.00 for the purchase of nine Police Patrol vehicles, one extended cargo van, one full-size sedan, three intermediate sedans, one 1/2 pickup truck, one 3/4 ton pickup truck, one 3/4 utility truck, and one 1 ton flatbed truck. After review of local government purchases Staff has found that purchasing on State contract would be less expensive than receiving bids on these vehicles. These replacement vehicles are available on State contract for a total purchase price of $238,051.18. Staff estimates the vehicles being replaced will sell at a public auction for approximately $35,000.00. The Director of Equipment Services recommends adopting Resolution No. 94-003 authorizing participation in the State of Texas purchasing program for the purchase of nine Police Patrol vehicles, one extended cargo van, one full-size sedan, three intermediate sedans, one 1/2 ton pickup truck, one 3/4 ton pickup truck, one 3/4 ton utility truck, and one 1 ton flatbed truck at a cost of $238,051.18. There being no further discussion, a motion by Mayor Pro Tem Davis, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 94-003 authorizing participation in the State of Texas purchasing program for the purchase of nine Police Patrol vehicles, one extended cargo van, one full-size sedan, three intermediate sedans, one 1/2 ton pickup truck, one 3/4 ton pickup truck, one 3/4 ton utility truck, and one 1 ton flatbed truck at a cost of $238,051.18. D.7 CONSIDER ADOPTING RESOLUTION NO. 94-006 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH APPLIED EARTH SCIENCES, INC. FOR CONTINUATION OF ENVIRONMENTAL SERVICES AT THE SENLAC SERVICE CENTER IN AN AMOUNT NOT TO EXCEED $37,100 AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. A subsurface remediation plan was prepared by Applied Earth Sciences, Inc. to reduce groundwater and soil contamination associated with leaking underground storage tanks at the Senlac Service Center. State regulations require remediation activities continue until acceptable groundwater and soil contamination levels are reached. The services of an environmental consultant are necessary to operate and maintain the subsurface remediation system and monitor, sample and report on the systems progress. The environmental consulting firm of Applied Earth Sciences, Inc. has submitted a proposal to perform environmental services for one year. The cost for environmental services is based on time and materials in an amount not to exceed $37,100. Funds are available within the 1993-94 Non-Bond Capital Improvement Program budget. These Vol. 66, Page 12 expenses are reimbursable under the Texas Petroleum Storage Tank Remediation Fund. City Staff recommends Resolution No. 94-006 be adopted authorizing the City Manager to enter into an agreement with Applied Earth Sciences, Inc. for continuation of environmental services at the Senlac Service Center in an amount not to exceed $37,100. Councilman Phelps asked if this price was comparable with last year's contract. Mr. David Reedy, City Management Assistant, stated last year's contract was twofold with $107,000 for the installation and construction of the system and $40,000 for the maintenance of the system for one year. There being no further discussion, a motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted Resolution No. 94-006 authorizing the City Manager to enter into an agreement with Applied Earth Sciences, Inc. for continuation of environmental services at the Senlac Service Center in an amount not to exceed $37,100. Mayor Blair asked if there was any funds left in the Texas Petroleum Storage Tank Remediation Fund. Mr. Reedy stated that program is still running. Mr. Reedy stated the Legislation transferred $120 million for a small term loan, to be repaid by September 1995. Mayor Blair asked if the City has collected from this fund and what the back log was in receiving funds from the Texas Petroleum Storage Tank Remediation Fund. Mr. Reedy replied the City has received approximately $140,000 to date and another $145,000 pending. Mr. Reedy stated it takes approximately one year to receive these reimbursement funds. D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Pro Tem Davis stated she had been requested by TML to serve on the Legislative Policy Committee on Utilities and would like to attend on March 7th in Austin. Councilwoman Hardie stated she had also been requested by TML to serve on the Legislative Policy Committee on Communication and Economic Development and that meeting would take place on March 28th in Austin. A motion by Mayor Blair, a second by Councilman Pyle, all voting "aye", approved travel to Austin for any member of the City Council who has been appointed to a TML committee until the end of April. Vol. 66, Page 13 Mayor Blair requested permission to travel to Austin on January 27 to attend a Dallas Regional Mobility Coalition transportation session to submit a comprehensive request to the Texas Department of Transportation. A motion by Mayor Pro Tem Davis, a second by Councilwoman Hardie, all voting "aye", approved travel for Mayor Blair to attend a Dallas Regional Mobility transportation session in Austin on January 27, 1994. D.9 CITIZEN PARTICIPATION. Ms. Blanche Dillon, stated she is a tenant in an office building in Farmers Branch. Ms. Dillon stated she shares a return air vent with another lease space that allows smokers. Ms. Dillon stated the smoke comes into her lease space and she is highly allergic to this smoke. Ms. Dillon explained her management company stated they could do nothing because the City of Farmers Branch did not have an ordinance against smoking. Ms. Dillon would like the City to adopt an ordinance against smoking. Mayor Blair stated the City does have a smoking ordinance prohibiting smoking in retail areas such as grocery stores, retail stores and providing a non-smoking section in restaurants. Mayor Blair felt this type ordinance to prohibit smoking in Farmers Branch would open the City to all kinds of problems. Mayor Blair stated he would like to see each individual management company make their own rules governing regarding smoking in offices. Ms. Dillon asked if the City could adopt an ordinance on a complaint basis only. City Attorney John Boyle stated an ordinance could be drafted to prohibit smoking on a complaint basis. Mayor Pro Tem Davis asked if Ms. Dillon had written to the owners of the office building. Ms. Dillon stated she had spoken to the previous owners and they offered no help. Ms. Dillon stated the office building now has new owners. Mayor Blair asked if Ms. Dillon would allow the City to study this further and give her name and number to Mr. Tom Scales. Ms. Dillon stated this would be fine. MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION UNDER EXECUTIVE SESSION. THE Vol. 66, Page 14 DISCUSSION ON THE ITEMS BEGAN AT 7:05 P.M. WITH THE COUNCIL RECONVENING INTO GENERAL SESSION AT 7:15 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION, THE ACTION ON THE ITEMS DISCUSSED WAS RECESSED UNTIL THE 7:30 P.M. MEETING. ARTICLE 6252-17, SEC. 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS MAY BE DISCUSSED IN THE EXECUTIVE MEETING. THE FOLLOWING AGENDA WAS FOLLOWED. E. la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTMENTS TO THE FARMERS BRANCH HISTORICAL AND PRESERVATION BOARD. 2. DISCUSS APPOINTMENTS TO THE VALWOOD IMPROVEMENT AUTHORITY BOARD OF DIRECTORS. A discussion was held relating to the appointments to the two named boards above. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated the appointments to the Farmers Branch Historical and Preservation Board and the Valwood Improvement Authority Board of Directors will be considered at the next meeting. F.1 ADJOURNMENT. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", adjourned the City Council meeting of January 24, 1994, at 8:47 P.M. Mayor f City Secretary Vol. 66, Page 1