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1994-04-04 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING APRIL 4, 1994 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Calla Davis Councilmembers Ron Pyle Bill Moses Bob Phelps Nancy Hardie The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager John Burke City Attorney John Boyle City Secretary Ruth Ann Parish Economic Development Director Norma Nichols Director of Community Services Tom Scales Director of Planning Michael Spicer City Engineer Jerry Murawski Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Library Director Mary Jane Stevenson Police Chief Jimmy Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux City Management Assistant David Reedy Recording Secretary Cindee Peters Mayor Blair called the City Council Meeting of April 4, 1994 to order at 7:30 P.M.. The meeting was televised. Vol. 66, Page 66 A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 CONSIDER PROCLAIMING APRIL 17-23 AS LIBRARY WEEK IN FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Mayor Blair read the proclamation and proclaimed "April 17-23 as Library Week in Farmers Branch. " Mayor Blair presented the proclamation to Chairman of the Library Board Mr. Clyde James. Mr. Clyde James, Chairman of the Library Board, gave a report on Library activities during National Library Week. A.3 RECOGNIZE DELEGATION OF SISTER CITY REPRESENTATIVES AS AMBASSADORS FOR THE CITY OF FARMERS BRANCH. Mayor Blair stated that eighteen individuals from Farmers Branch traveled to Europe in March representing the City in the Sister City Program. Thirteen visited the District of Bassetlaw, England and five others joined them in Garbsen, Germany for the remainder of the trip. While in Germany the group attended Europe's largest Computer and Communications Trade Fair in Hannover to evaluate International Economic Development opportunities. Mayor Blair recognized the representatives as official Sister City Ambassadors for the City of Farmers Branch with certificates and medallions. Janie Scarbrough presented Mayor Blair with pictures and a book from Garbsen, Germany. Mrs. Scarbrough stated these items could either be displayed in the City Hall lobby or at the Library. Councilwoman Nancy Hardie presented Mary Jane Stevenson, Library Director, with a book from Mr. Vic Hall of Schonebeck to be placed in the Library. Mrs. Lorraine Blair presented Mary Jane Stevenson with a book from the Mayor of Garbsen and a book from the Mayor of Sch6nebeck to be placed in the Library. Mayor Blair presented information on the County of Hannover, a brochure from Bassettlaw, a book on Hannover County and a children's book of the Piped Piper written in German. Mayor Blair stated these will be placed in the Library. Mayor Blair presented to Janie Scarbrough a plaque from Nottinghamshire Police Department, a pewter mug from the City of Garbsen, and a watercolor painting of a Manor House where a reception was held for the group. Mayor Blair explained this house had been in ruins and a couple bought and restored the house. Vol. 66, Page 67 Mayor Blair had a video shown to the audience at this time. Mayor Blair stated this was a short version of 5 tapes on each city the group visited. A.4 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a fifteen year employee service award to Captain Travis Specht of the Fire Department. Mayor Blair presented a twenty year employee service award to Cindee Peters of the Administration Department. Mayor Blair presented a twenty year employee service award to Chief Jimmy Fawcett of the Police Department. A.5 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.6. 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 Phelps, all voting "aye", added items C.5 and C.6 to the consent agenda. A motion by Mayor Pro Tem Davis, a second by Councilwoman Hardie, all voting "aye", approved the following Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MARCH 21, 1994. B.2 ADOPTED RESOLUTION NO. 94-037 AWARDING THE BID TO PURCHASE A 1994 STATION WAGON TO LEE JARMON FORD IN THE AMOUNT OF $14,297.35. B.3 ADOPTED RESOLUTION NO. 94-040 AWARDING THE BID TO PURCHASE A TRAILER MOUNTED SIX INCH WATER PUMP WITH HOSES TO BARTHOLOW RENTAL COMPANY, INC. IN THE AMOUNT OF Vol. 66, Page 68 $16,195.00. B.4 ADOPTED RESOLUTION NO. 94-041 AWARDING A BID TO PURCHASE EIGHT SCRAPER TIRES TO GCR TRUCK TIRE CENTER IN THE AMOUNT OF $15,583.60. B.5 ADOPTED RESOLUTION NO. 94-047 AWARDING THE BID TO PURCHASE A 1994 TRACTOR LOADER WITH A BOX BLADE TO DALLAS FORD NEW HOLLAND IN THE AMOUNT OF $26,500.00. B.6 ADOPTING RESOLUTION NO. 94-048 AWARDING THE BID TO PURCHASE A 1994 CREW CAB TRUCK TO PRESTIGE FORD IN THE AMOUNT OF $19,712.00. C.5 APPROVED THE REQUEST OF THOMAS WELCH, ON BEHALF OF MEIER OLDSMOBILE, FOR SITE PLAN APPROVAL TO ALLOW THE EXPANSION OF THE EXISTING SALES OFFICE BUILDING LOCATED AT 4607 LBJ FREEWAY AND WITHIN THE PLANNED DEVELOPMENT 40 (PD-40) ZONING DISTRICT. C.6 APPROVED THE REQUEST OF THOMAS WELCH, ON BEHALF OF MEIER USED CARS, FOR SITE PLAN APPROVAL FOR A USED CAR FACILITY AT 4525 LBJ FREEWAY AND WITHIN THE PLANNED DEVELOPMENT 40 (PD-40) ZONING DISTRICT. Mr. Todd Meier thanked the City Council for approving his items. Mr. Meier stated this was Rodger Meier's 25th Anniversary in Farmers Branch and expressed his gratitude to the City. Mayor Blair stated Mr. Meier's business was one of the best businesses in Farmers Branch and what a great family the Meier's were. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the happenings and status of various projects in the City. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF FOULDS, INC., FOR APPROVAL OF A SPECIFIC USE PERMIT - INTERIM USE FOR A NON DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOW AT 2825 VALLEY VIEW LANE AND WITHIN THE LOCAL RETAIL-2 (LR-2) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. 0 Vol. 66, Page 69 Mayor Blair presented the following information for consideration. Dr. Carl Foulds would like to operate a temporary sno cone stand on the parking lot of 2825 Valley View Lane, approximately 70 feet east of the Cox Video Superstore, in "The Corners" shopping center at the northwest corner of Valley View Lane and Josey Lane. Dr. Foulds has applied for a Specific Use Permit - Interim Use which would allow the sno cone stand to operate from May 1, 1994 through September 30, 1994. The Building Code Board of Appeals has granted a variance to allow a portable building having exterior walls with less than 75 percent masonry walls at this location through September 30, 1994. Dr. Foulds operated a temporary sno cone stand at this same location from May through September during 1991, 1992 and 1993. The Planning and Zoning Commission, by 4-3 vote, recommends the Specific Use Permit - Interim Use to allow a temporary sno cone stand be denied. Mayor Blair opened the public hearing. Dr. Foulds came forward and stated he was applying for his fourth year to operate at this location. Dr. Foulds explained his operation has had no complaints and was a very clean operation. Dr. Foulds stated only one member of the Planning and Zoning Commission was concerned at one point when a future hole for the street reconstruction may interfere with his operation. Dr. Foulds stated Mr. Tom Scales stated the hole would not interfere with his operation. Dr. Foulds stated he does not believe his business poses a safety hazard for people in the area. Dr. Foulds stated 99% of his business was drive up. Dr. Foulds asked the City Council for continued support and approval of the sno cone operation. Dr. Foulds stated there are no changes from past years. There being no further discussion, a motion by Councilman Moses, a second by Mayor Pro Tern Davis, all voting "aye", closed the public hearing. Mayor Blair stated the drawing submitted showed the location of the freezer to be inside the stand. Mayor Blair asked Dr. Foulds whether the freezer would be installed inside rather than outside the building? Dr. Foulds explained the drawing submitted was the original design and the freezer would be located outside the building as in previous years. Mayor Blair stated he was surprised an old drawing had been submitted and was in favor of the concept that the freezer would be located inside the sno cone stand. Councilman Moses asked if there had ever been any disturbance at the location that required the Police to respond. Vol. 66, Page 70 Dr. Foulds stated two years ago there were a few people sitting on cars who were friends of an employee. Dr. Foulds stated the group was asked to leave. Dr. Foulds also stated two years ago a teenage employee smart mouthed a customer. Dr. Foulds stated he knew of no other instances. Police Chief Jimmy Fawcett stated he had no recollection of any problems at this location. Councilman Pyle stated the building was unsightly, was not consistent with other buildings in the area, and felt it was a hardship on businesses who kept up their lease spaces in the shopping center. Councilman Pyle stated he was opposed to this operation. Councilman Pyle also explained with the construction and operation of McDonald's this summer, parking may be a problem in the future for that area. There being no further discussion, a motion by Councilman Phelps, a second by Councilwoman Hardie, with Phelps, Hardie and Davis voting "aye", with Moses and Pyle voting "nay", adopted by a 3 to 2 vote the following captioned Ordinance 2112 granting a Specific Use Permit-Interim Use for a sno cone stand with the conditions recommended by Staff. 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 (BEGINNING ON MAY 1, 1994 AND EXPIRING ON SEPTEMBER 30, 1994) TO ALLOW THE OPERATION OF A "SNO CONE STAND" WITHIN A LOCAL RETAIL-2 (LR-2) ZONING DISTRICT AT 2825 VALLEY VIEW LANE; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Blair commented to Dr. Foulds that with the development of McDonalds on that corner next year the parking may be a problem for his operation. C.3 PUBLIC HEARING: CONSIDER CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES FROM PLANNED DEVELOPMENT DISTRICT 30 (PD-30), PLANNED DEVELOPMENT DISTRICT 31 (PD-31), PLANNED DEVELOPMENT DISTRICT 33 (PD-33), PLANNED DEVELOPMENT DISTRICT 34 (PD-34), PLANNED DEVELOPMENT DISTRICT 35 (PD-35), AND ONE FAMILY RESIDENCE DISTRICT 6 (R-6), TO PLANNED DEVELOPMENT DISTRICT 70 (PD- 70), TO BE KNOWN AS THE OLD FARMERS BRANCH SPECIAL DISTRICT AND TAKE APPROPRIATE ACTION. Vol. 66, Page 71 Mayor Blair presented the following information for consideration. The Old Farmers Branch Area Task Force originally presented its recommendation concerning rezoning of the Old Farmers Branch Area to the Planning and Zoning Commission and City Council at a joint meeting in October of 1993. The Task Force then held a public workshop December 7, 1993 to present its recommendations to the area residents, property owners, business owners and general public. In response to the advice, opinions and comments received at the public workshop and thereafter, the Task Force revised its original proposal to better reflect the wants and needs of the Old Farmers Branch Area. The Old Farmers Branch Area proposed for rezoning is generally bounded by the City of Carrollton to the north, Bee Street to the east, Rawhide Creek and Farmers Branch Lane to the south and Stemmons Freeway to the west. The proposed Old Farmers Branch Special District would replace the five existing planned development districts. Generally, the proposed rezoning will enlarge the buildable area of properties throughout the District by reducing required setbacks, increasing the amount of allowable lot coverage, and reducing or eliminating on-site parking requirements. The range of permitted uses throughout the District will be broadened to afford property owners more opportunity to make use of their property. All existing single family homes in the Old Farmers Branch Area which are currently legal, nonconforming uses would become conforming, legal and valid uses under the proposed zoning. The construction approval process would be streamlined under the proposed zoning as well. Furthermore, City Council directed the Planning and Zoning Commission to devote particular attention to determining appropriate hotel and motel regulations for the area, in conjunction with its consideration of the proposed rezoning. Accordingly, the Commission reviewed the City's existing ordinances that affect hotel and motel operations, and regulations imposed by several other communities in the Greater Dallas Area. The Commission also reviewed reports prepared by the Staff related to the development, operation and regulation of hotels and motels prior to formulating its recommendation. The Planning and Zoning Commission, by unanimous vote, took the following actions: (1) Recommends the proposed rezoning of the Old Farmers Branch Area, be adopted with the following change: that Section 7.F.1 (c) include the term "permitted parking" (the rezoning of the Old Farmers Branch Area includes the provision that a specific use permit is required to locate a hotel or motel in the area). Vol. 66, Page 72 (2) Directed the Staff to schedule public hearings to consider amending the Comprehensive Zoning Ordinance to establish mutually exclusive definitions for hotels and motels and to require Specific Use Permits for hotel and motel development in all zoning districts where they are currently permitted. The Staff recommends the proposed rezoning of the Old Farmers Branch Area be adopted with the change recommended by the Planning and Zoning Commission and without exceptions. Mayor Blair opened the public hearing. Mr. Roger Harper, Chairman of the Task Force for the Old Farmers Branch area came forward. Mr. Harper stated the committee had worked for two years on these recommendations. Mr. Harper explained this was the first step of several steps to take place. Mr. Harper felt these recommendations would bring new business to the Old Farmers Branch area. Mr. Harper stated he was present to answer any questions the City Council might have. Mr. Harper recognized Mr. Bob Hoch and Mr. Bill Binford of the Task Force who are present tonight. Mr. Bob Hackler, 13212 Bee, stated he was in favor of the changes. Mr. Hackler explained his business had no room to grow and he needs parking. Mr. Hackler stated the property next door to him was for sale and would like to purchase this property for parking and storage. Mayor Blair announced that anyone who may have an interest in item C.4, a request for site plan approval of a motel at 13904 Harry Hines, could be affected by the outcome of this item and may wish to speak. There being no other discussion, a motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", closed the public hearing. Mayor Blair stated that during the Study Session, the City Council had directed the Staff to make changes to the proposed ordinance because of some confusion concerning car sales along major thoroughfares (i.e., Valley View Lane and Valwood Parkway) and along interior streets within the General Business subdistrict. Mayor Blair asked Mr. Spicer to describe Council's proposed changes in the ordinance. Mr. Spicer distributed amended text to the Council. Mr. Spicer described the changes the City Council had discussed during the Study Session as follows: Referring to page 20, Section D, item (k) (concerning uses permitted with a Specific Use Permit), Mr. Spicer stated this section had been changed to include "motor vehicle sales or rental of any type". Referring to page 21, Section E (concerning prohibited uses), Mr. Spicer stated that "used motor vehicle sales or rental" had been removed. Referring to pages 23 and 24, Section 7 (concerning special standards for new automobile sales or rental), Vol. 66, Page 73 Mr. Spicer stated that this section had been modified to also include provisions for the sale and rental of used vehicles. Mr. Spicer explained that subsections L (c) through 1.(g) and subsections 2.(c) through 2.(g) regulate all used vehicle sales and rentals throughout the entire subdistrict and that subsections L (a) through L (b) and 2.(a) through 2.(b) relate to the sale and rental of motor vehicles along Valley View Lane and Valwood Parkway exclusively. Mayor Blair stated this clarifies the issue in regard to the situation on Valwood Parkway and Valley View Lane and makes it the same as would be allowed on Stemmons. Mayor Blair asked if the map had also been corrected to accurately show all subdistrict boundaries and made a part of the record. Mr. Spicer stated the map had been corrected and would become part of the official record. Councilwoman Hardie expressed her thanks to the volunteers who worked on this and have put in many hours and the public hearings they have attended. Councilwoman Hardie also thanked Mr. Michael Spicer, staff liaison for his time and effort. Mayor Blair also expressed his appreciation to the people who worked on zoning of the old Farmers Branch area in 1982. Mayor Blair stated there was nothing wrong with what was proposed for the area at that time. Mayor Blair stated in 1986 the building boom stopped and nothing was built in the area. Mayor Blair stated the new zoning provides a better opportunity for people owning property to do something different with the land rather than building high rise buildings. Mayor Blair explained the new zoning would not prohibit high rise development. Mayor Blair stated if the DART rail comes through Farmers Branch, it may become a residential area with townhomes. Councilman Phelps stated several categories of land use now require a Specific Use Permit which allows the City Council the ability and time to consider and look at each request which would help protect the area. There being no further discussion, a motion by Councilwoman Hardie, a second by Councilman Pyle, all voting "aye", adopted the following captioned Ordinance No. 2011 with the changes recommended by the Planning and Zoning Commission and the updates made by Staff as presented to the City Council. 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 CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES FROM PLANNED DEVELOPMENT DISTRICT 30, PLANNED DEVELOPMENT DISTRICT 31, PLANNED DEVELOPMENT DISTRICT 33, Vol. 66, Page 74 PLANNED DEVELOPMENT DISTRICT 34, PLANNED DEVELOPMENT DISTRICT 35, AND ONE-FAMILY RESIDENCE DISTRICT-6 TO PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 70, TO BE KNOWN AS THE OLD FARMERS BRANCH SPECIAL DISTRICT; SAID PROPERTIES GENERALLY BOUNDED BY THE CITY LIMITS BOUNDARY ON THE NORTH; THE CENTERLINE OF INTERSTATE HIGHWAY 35-E (STEMMONS FREEWAY) ON THE WEST; THE CENTERLINES OF FARMERS BRANCH LANE AND RAWHIDE CREEK ON THE SOUTH; AND THE CENTERLINE OF VALLEY VIEW LANE, THE WEST PROPERTY LINES OF THE RESIDENTIAL LOTS FRONTING NESTLE STREET, THE CENTERLINES OF HAVENHURST STREET, BEE STREET, WICKER AVENUE, THE COOKS CREEK CHANNEL AND THE WEST PROPERTY LINES OF THE RESIDENTIAL LOTS FRONTING BEE STREET, ON THE EAST; PROVIDING FOR THE ESTABLISHMENT OF THREE (3) SUBDISTRICTS; ESTABLISHING NEW USE AND DEVELOPMENT REGULATIONS; ESTABLISHING DEFINITIONS, ESTABLISHING A STREET PLAN; REPEALING ALL CONFLICTING ORDINANCES; 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 DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CA CONSIDER THE REQUEST OF JOHN E. TAYLOR FOR SITE PLAN APPROVAL FOR A MOTEL AT 13904 HARRY HINES AND WITHIN THE PLANNED DEVELOPMENT NUMBER 30 (PD-30) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Mayor Blair stated consideration of this item was continued from the Council's March 7, 1994 meeting pending a recommendation from the Planning and Zoning Commission relative to the regulation of hotels and motels within the Old Farmers Branch Area. Mr. Taylor represents the developer, Mr. Vino Patel, who proposes to erect a two-story, 31 unit motel on a 0.48 acre lot addressed as 13904 Harry Hines. The site is a vacant lot located between an industrial plant and an automobile paint and body repair business fronting Stemmons Freeway and within the Old Farmers Branch Area. The proposed motel would be approximately 9,500 square feet in area and have a brick and stucco exterior; no restaurant, swimming pool, or other guest amenities are proposed. Since receiving the site plan request, Staff has discovered that similar motel facilities in other cities consistently exhibited problems with maintenance and general upkeep. Furthermore, information obtained from two neighboring cities indicates that these types of motels tend to generate a disproportionate amount of calls for police assistance. Vol. 66, Page 75 Staff's principal concern is that similar maintenance and safety-related problems might arise in Farmers Branch if the City has no means to impose necessary standards and safeguards regulating these uses as they develop. The Old Farmers Branch Area Task Force's proposed rezoning requires a Specific Use Permit for hotels and motels. The Planning and Zoning Commission has completed its review of the proposed Old Farmers Branch Area Task Force's rezoning report. The Planning and Zoning Commission unanimously recommended the proposed Old Farmers Branch Area rezoning be approved including the provision that the location of hotels and motels in the area require a Specific Use Permit. The Planning and Zoning Commission, by unanimous vote, recommends the site plan be approved as submitted. The Staff recommends the request for site plan approval be denied without prejudice in order that the applicant may petition the Council for a Specific Use Permit. Councilman Phelps asked since item C.3 was approved without exceptions, does the City Council have to hear this item. City Attorney John Boyle, stated for the record, this item needed to be denied. There being no further discussion, a motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", denied this request without prejudice in order that the applicant may petition the Council for a Specific Use Permit. C.5 CONSENT. C.6 CONSENT. D.1 CONSIDER ENTERING INTO A JOINT ELECTION CONTRACT WITH THE COUNTY OF DALLAS FOR THE MAY 7, 1993 ELECTION AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Joint City- County Election contract for the May 7, 1994 election is being presented for consideration. The contract provides the same services to the city as last year's contract. The Farmers Branch Library will be the only voting place for the city's election. The city's estimated cost is $1,425.00. The Carrollton-Farmers Branch Independent School District has signed the joint election contract with the County. Vol. 66, Page 76 The City Secretary recommends the City Manager be authorized to execute a Joint City- County Election Contract. There being no discussion, a motion by Councilman Moses, a second by Councilwoman Hardie, all voting "aye", authorized the execution of a Joint City-County Election Contract for the May 7, 1994 election. D.2 CONSIDER ORDINANCE NO. 2113 AMENDING ORDINANCE NO. 2108 ORDERING ELECTION OF CITY OFFICERS ON MAY 7, 1994 AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Ordinance No. 2113 amends Ordinance No. 2108 adopted February 7, 1994, calling the May 7th City Council election for Council Place 3 and Place 5. The amendment includes the provision for the joint election services with Dallas County. This amendment is necessary in order to permit the Dallas County to administer this election. The City Secretary recommends the adoption of Ordinance No. 2113. There being no discussion, a motion by Councilman Moses, a second by Councilman Phelps, all voting "aye", adopted the following captioned Ordinance No. 2113 that amends Ordinance No. 2108 ordering the May 7, 1994 City Council Election. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 2108 OF THE CITY, WHICH ORDERED A GENERAL ELECTION FOR CITY OFFICIALS FOR MAY 7, 1994, BY ADDING A PROVISION THAT THE ELECTION SHALL BE CONDUCTED JOINTLY WITH THE GOVERNMENTAL ENTITIES NAMED IN THE ELECTION SERVICES AGREEMENT ATTACHED HERETO, WITH THE ELECTION TO BE ADMINISTERED BY THE COUNTY OF DALLAS; AND PROVIDING AN EFFECTIVE DATE. D.3 CONSIDER COUNCIL MEETING DATES FOR MAY 1994 AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Council Election of May 7 falls after the first regularly scheduled meeting for May. In order to canvass the results in accordance with the City Charter five day requirement, Mayor Blair recommends the meeting dates be set for May 9th and 23rd. There being no discussion, a motion by Councilman Phelps, a second by Councilwoman Hardie, all voting "aye", set the May meeting dates to the 9th and 23rd. Vol. 66, Page 77 DA CONSIDER ADOPTING RESOLUTION NO. 94-038 AWARDING A BID FOR THE PURCHASE OF THE ANNUAL SUPPLY OF READY-MIX CONCRETE AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Bid requests for the purchase of the annual supply of ready-mix concrete were sent to five vendors. Three bids were received and opened on March 22, 1994, all bids met specifications. Bids were based on estimated quantities since needs for the material fluctuate each year. Redi-Mix, Inc., submitted the lowest bid in the amount of $35.50 per cubic yard for regular concrete picked up, $38.50 per cubic yard for high strength concrete picked up, $44.50 per cubic yard for regular strength concrete delivered, and $47.50 per cubic yard for high strength concrete delivered. Funds in the amount of $64,750 are available in the 1993-1994 Public Works budget for this purchase and the total amount will not exceed this amount. The Director of Public Works recommends adopting Resolution No. 94-038 awarding a bid for the purchase of the annual supply of ready-mix concrete to Redi-Mix, Inc., with a total amount not to exceed $64,750.00. Mayor Blair asked Mr. Pavageaux what last year's bids were for ready-mix concrete. Mr. Mark Pavageaux, Director of Public Works, explained the bid went to the same company and the prices are slightly higher than last year. There being no further discussion, a motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted Resolution No. 94-038 awarding a bid for the purchase of the annual supply of ready-mix concrete to Redi-Mix, Inc., with a total amount not to exceed $64,750.00. D.5 CONSIDER ADOPTING RESOLUTION NO. 94-039 AWARDING THE BID FOR THE REMODEL AND ADDITION TO THE ANIMAL SHELTER TO BOYD CONSTRUCTION AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Seven bids were received and opened on March 3, 1994. The low bidder was Boyd Construction submitting a bid of $47,718.00 with contract time of 45 days. Remodel to the animal shelter will provide a new personnel entrance, waiting area and service counter for customers, and will upgrade the restroom to comply with ADA standards. The addition to the building will add 430 square feet to the structure and will be divided into three rooms. One room will be used to isolate cats. The second room will be used for dipping dogs, medical treatment and euthanasia. The third room will Vol. 66, Page 78 be used for storage. Boyd Construction has provided adequate qualifications and references for projects of similar size. The remodel and addition to the animal shelter was part of the 1993-94 adopted budget in the amount of $33,300.00. Additional funds are available in the Fixed Asset Fund account balance for this project. The City Staff recommends adopting Resolution No. 94-039 awarding the bid for remodel and addition to the animal shelter to Boyd Construction in the amount of $47,718.00. Mayor Blair asked why the difference in the budgeted amount and the actual bid amount for the project. Mr. Tom Scales, Director of Community Services, explained the bathroom had to be brought up to ADA requirements which cost an additional $4,000.00, a piece of equipment to assist the veterinarian with procedures for the animals was added for $1,500.00, the original plan was for an addition of 390 square feet to the building and the final design was a 430 square foot addition which added to the cost. Mr. Scales explained that construction costs have also risen. Mr. Scales stated a cost comparison was completed on this project as compared to the police station project and it was comparable. Mayor Blair asked if an organization had donated cat cages. Mr. Scales stated an organization had donated money to purchase cat cages and they have been purchased. Mr. Scales stated almost every existing piece of equipment will be transferred and used in the new addition. Councilman Phelps stated $6,100.00 for additional equipment has been identified which leaves a cost of roughly $42,000.00 just to add 430 square feet of space. Mr. Scales stated the architect could explain the difference in cost. Mr. Dick Calvert, Calvert and Company Architects, stated subsequent examination of the building revealed a number of items that did not meet current building and plumbing codes. Mr. Calvert stated an exit had to be added, and that plumbing deficiencies which must be corrected will cost an additional $3,000.00. Mr. Calvert stated the dog runs on the exterior of the building have open trench drains that are washing down to the sanitary sewer system and the plumbing code does not allow rainwater to be dumped into the sanitary sewer system. Mr. Calvert stated correction of these problems has added to the cost of the construction. Mr. Calvert stated the plumbing is under the floor of the Vol. 66, Page 79 existing building which also costs more to correct. Mayor Blair stated if you looked at the next lowest bid, it was not that much higher. Mr. Calvert stated that contractor does its own in-house millwork and makes its own ceilings which helped to keep the cost down. There being no further discussion, a motion by Mayor Pro Tem Davis, a second by Councilman Phelps, all voting "aye" adopted Resolution No. 94-039 awarding the bid for the remodel and addition to the animal shelter to Boyd Construction in the amount of $47,718.00. D.6 CONSIDER ADOPTING RESOLUTION NO. 94-042 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JAMES CRAWFORD FOR THE INTERIOR RESTORATION OF THE VICTORIAN HOUSE IN THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Phase I and Phase II of the Victorian House project are complete. These phases included the relocation of the House to the Historical Park and the exterior restoration. Phase III, the interior restoration includes: interior wall and ceiling coverings, preparation and painting of trim, doors, and windows, floor sanding and finish, electrical and mechanical systems. James Crawford has provided adequate qualifications and has performed suitably in the past. The Director of Parks and Recreation and the Historical Preservation and Restoration Board recommends proceeding with the interior restoration of the Victorian House in the amount of $94,041. There is $181,390 in the Historical Park Capital Improvement Fund for completion of the Victorian House project. Funds are transferred from the Hotel- Motel Fund to the Historical Park Capital Improvement Fund for this project. The Director of Parks and Recreation and the Historical Preservation and Restoration Board recommends adopting Resolution No. 94-042 authorizing the City Manager to execute a Professional Services Agreement with James Crawford for the interior restoration of the Victorian House in an amount not to exceed $94,041. There being no discussion, a motion by Councilman Pyle, a second by Mayor Pro Tern Davis, all voting "aye", adopted Resolution No. 94-042 authorizing the City Manager to execute a Professional Services Agreement with James Crawford for the interior restoration of the Victorian House in an amount not to exceed $94,041. Vol. 66, Page 80 D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Councilwoman Hardie presented a report of attending a TML Policy Committee on Community and Economic Development meeting in Austin on March 28, 1994. Councilwoman Hardie stated twelve items would be sent to the legislature for the 1995 Session. Councilwoman Hardie stated some of the items were not applicable to city government, but other dealt with sales tax increase for economic development projects, guidelines for tax abatement, and airport zoning and planning. D.8 CITIZEN PARTICIPATION. No one came forward. MAYOR BLAIR ANNOUNCED THAT THE ITEMS LISTED FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION UNDER EXECUTIVE SESSION. THE DISCUSSION ON THE ITEMS BEGAN AT 6:40 P.M. AND CONCLUDING AT 7:02 P.M. MAYOR BLAIR ANNOUNCED THAT ACTION ON THE ITEMS DISCUSSED WAS RECESSED UNTIL THE 7:30 P.M. MEETING. TEXAS GOVERNMENT CODE, CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION, AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN EXECUTIVE SESSION. E.1 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. DISCUSS BENNY LYLES VS. CITY OF FARMERS BRANCH. 2. DISCUSS CHARLES HOLCOMB VS. CITY OF FARMERS BRANCH. City Attorney John Boyle presented an up-to-date status report on the above named litigation. E.2 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced that the City Attorney had given the City Council a report of the litigation relating to Benny Lyles VS. City of Farmers Branch, and, Charles Holcomb VS. City of Farmers Branch. No action is needed at this time. Vol. 66, Page 81 F.1 ADJOURNMENT. A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", adjourned the City Council meeting of April 4, 1994, at 9:14 P.M. a Mayor City Secretary I~ Lam' 11 Vol. 66, Page 82