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1994-06-20 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JUNE 20, 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 Ron Pyle Bill Moses Bob Phelps Nancy Hardie Calla Davis The following members of the City Administration were present: City Manager Assistant City Manager City Attorney City Secretary Communication Director Economic Development Director Director of Planning City Engineer Director of Finance Director of Parks & Recreation Library Director Acting Police Chief Fire Chief Director of Public Works City Management Assistant Recording Secretary Richard L. Escalante John Burke John Boyle Ruth Ann Parish Donna Huerta Norma Nichols Michael Spicer Jerry Murawski Charles Cox Jeff Fuller Mary Jane Stevenson Reece Daniels Kyle King Mark Pavageaux David Reedy Cindee Peters Mayor Blair called the City Council Meeting of June 20, 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. Vol. 67, Page 1 A.2 CONSIDER PROCLAIMING JULY AS PARKS AND RECREATION MONTH IN FARMERS BRANCH. Mayor Blair stated that in conjunction with the nationally recognized observation of July as Parks and Recreation Month, the Parks and Recreation Department requests the City Council proclaim July as Parks and Recreation Month in Farmers Branch. Mr. Barney Wood, Chairman of the Parks and Recreation Board, reported on the Parks and Recreation achievements of the coming July activities and activities of the past year. Mayor Blair read the proclamation and proclaimed July as Parks and Recreation Month in Farmers Branch. Mayor Blair presented the proclamation to Mr. Wood. A.3 CONSIDER ACCEPTING DONATION TO THE HISTORICAL PARK FROM MR. CHARLES MORELAND AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. In 1985, the City of Farmers Branch obtained two 1936 Ford trucks from Mr. Charles Moreland of Carrollton. The trucks were originally from the R. B. George Glad Acre Farm. The trucks are currently being stored at the Camelot Landfill. J The Director of the Parks and Recreation Department recommends accepting the donation to the Historical Park from Mr. Charles Moreland. Mr. Moreland presented history facts on the trucks and of the Glad Acre Estate family. Mr. Moreland presented an original photograph of one of the trucks along with written information on the trucks and of the estate. Mr. Moreland explained one of the original owners, Cleo George, is still living. There being no further discussion, a motion by Councilman Phelps, a second by Mayor Pro Tem Pyle, all voting "aye", accepted the donation of the information papers and pictures to the Historical Park from Mr. Charles Moreland. A.4 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a five year employee service award to Robert Wooten of the Police Department. Mayor Blair presented a ten year employee service award to Daryl Bradley of the Police Department. Vol. 67, Page 2 Mayor Blair presented a ten year employee service award to Suzanne P. Reynolds of the Communications Division. Mayor Blair stated Manuel Anaya of the Police Department could not be in attendance tonight. Mayor Blair presented a twenty-five year employee service award to John Burke, Assistant City Manager. 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. 5. 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 Pyle, a second by Councilman Moses, all voting "aye", approved the following Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JUNE 6, 1994. B.2 APPROVED MINUTES OF CITY COUNCIL SPECIAL MEETING OF JUNE 13, 1994. B.3 APPROVED THE REQUEST BY HENRY BERGMAN, JR., FOR FINAL PLAT APPROVAL OF BERGMAN ADDITION. B.4 APPROVED REQUEST BY ROBERT WOOD FOR FINAL PLAT APPROVAL OF WOOD ADDITION. B.5 ADOPTED RESOLUTION NO. 94-079 REJECTING A BID FOR THE PURCHASE OF A 4 WHEEL DRIVE PICK-UP. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of various projects in the City. Vol. 67, Page 3 C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF RWM LAMAR BUILDING CORPORATION TO AMEND THE PLANNED DEVELOPMENT NUMBER 48 ZONING DISTRICT (PD-48) TO ALLOW USES AS LISTED IN THE COMPREHENSIVE ZONING ORDINANCE SCHEDULE OF USES UNDER ARTICLE 8, SECTION 107 (I.E., RETAIL AND SERVICE TYPE USES), SECTION 113 (I.E., GENERAL MANUFACTURING AND INDUSTRIAL USES), SECTION 104 (I.E., RECREATIONAL AND ENTERTAINMENT USES), AND SECTION 114 (I.E., MISCELLANEOUS USES) AS PERMITTED USES WITHIN THE DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The applicant is requesting that PD-48 be amended to expand the scope of principal land uses allowed within the district to specifically include retail, office, entertainment, restaurant, and industrial uses. PD-48 presently limits principal uses to office, hotels and motels, and financial institutions. Secondary uses allowed include retail, restaurants, drive-in banks, service stations, business services, health clubs and residential development at a density of 30 units per acre and above. PD-48 is a 5.0 acre tract located at the northwest corner of Cambridge Concourse Parkway and Simonton Road. There is an existing, vacant warehouse on the property, 12,500 square feet in area, which fronts Simonton Road. Light Industrial zoning abuts the subject property to the south, west and north. A high density office zoning district (PD-43) abuts the property along its east side. Other than wanting to add industrial uses, the applicant's requested amendment of PD-48 is consistent with the objectives of the Comprehensive Plan as well as the long range development policies established for the East Side of Farmers Branch in 1993 during the City's strategic planning process. Generally, these policies encourage a diverse commercial, retail and office environment. The Planning and Zoning Commission, by unanimous vote, recommends PD-48 be amended such that the principal uses permitted be expanded to also include those uses permitted within the Local Retail-2 (LR-2) zoning district and listed in the Comprehensive Zoning Ordinance Schedule of Uses under Article 8, Section 104 (Recreational and Entertainment Uses), Section 107 (Retail and Service Type Uses), and Section 114 (Miscellaneous Uses). Additionally, the Commission recommends PD-48 be amended to also allow those uses permitted within the Light Industrial (LI) zoning district and listed in the Comprehensive Zoning Ordinance Schedule of Uses under Article 8, Section 113 subject to approval of a Specific Use Permit. Mayor Blair opened the public hearing. Vol. 67, Page 4 Mr. Shawn Todd, representing the applicant, explained his client is in agreement with the recommendations of the Staff and the Planning and Zoning Commission and requests approval of the PD-48 amendment request. A motion by Councilman Moses, a second by Councilwoman Davis, all voting "aye", closed the public hearing. There being no further discussion, a motion by Councilman Moses, a second by Councilwoman Hardie, all voting "aye", adopted the following captioned Ordinance No. 2123 amending the PD-48 zoning district in accordance with the recommendation of 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 ALLOW USES AS PERMITTED WITHIN THE LOCAL RETAIL-2 (LR-2) ZONING DISTRICT AND LISTED IN THE COMPREHENSIVE ZONING ORDINANCE SCHEDULE OF USES UNDER ARTICLE 8, SECTION 104 (I.E., RECREATIONAL AND ENTERTAINMENT USES), SECTION 107 (I.E., RETAIL AND SERVICE USES), SECTION 114 (I.E., MISCELLANEOUS USES), AND USES PERMITTED IN THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT UNDER ARTICLE 8, SECTION 113 (I.E., GENERAL MANUFACTURING AND INDUSTRIAL USES) WITH A SPECIFIC USE PERMIT AS PRINCIPAL USES IN THE PLANNED DEVELOPMENT NO. 48 ZONING DISTRICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF, AND DECLARING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF ROBERT W. MOORE TO AMEND THE PLANNED DEVELOPMENT NUMBER 43 ZONING DISTRICT (PD-43) TO ALLOW USES AS LISTED IN THE COMPREHENSIVE ZONING ORDINANCE SCHEDULE OF USES UNDER ARTICLE 8, SECTION 107 (I.E., RETAIL AND SERVICE TYPE USES), SECTION 113 (I.E., GENERAL MANUFACTURING AND INDUSTRIAL USES), SECTION 104 (I.E., RECREATIONAL AND ENTERTAINMENT USES), AND SECTION 114 (I.E., MISCELLANEOUS USES) AS PERMITTED USES WITHIN THE DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The applicant is requesting that PD-43 be amended to expand the scope of principal land uses allowed within the district to specifically include retail, office, entertainment, restaurant, and industrial uses. PD-43 presently limits principal uses to office exclusively. Vol. 67, Page 5 PD-43 is an 8.982 acre vacant tract bounded by Inwood Road along its east side, Alpha Road along its north side, Cambridge Concourse Parkway and a 20 foot railroad easement to the west, and Simonton Road to the south. Existing zoning abutting the subject property includes: PD-39 to the south (high density office and retail), PD-48 to the west (high density office), PD-55 to the north (high density office), and Light Industrial and PD-49 (office and retail) to the east. Other than wanting to add industrial uses, the applicant's requested amendment of PD-43 is consistent with the objectives of the Comprehensive Plan as well as the long range development policies established for the East Side of Farmers Branch in 1993 during the City's strategic planning process. Generally, these policies encourage a diverse commercial, retail and office environment. The Planning and Zoning Commission, by unanimous vote, recommends PD-43 be amended such that the uses permitted be expanded to also include those uses permitted within the Local Retail-2 (LR-2) zoning district and listed in the Comprehensive Zoning Ordinance Schedule of Uses under Article 8, Section 104 (Recreational and Entertainment Uses), Section 107 (Retail and Service Type Uses), and Section 114 (Miscellaneous Uses). This recommendation specifically excludes industrial uses. Mayor Blair opened the public hearing. There being no discussion, a motion by Councilman Phelps, a second by Councilwoman Davis, all voting "aye", closed the public hearing. Councilman Phelps asked why this request had a recommendation to specifically exclude industrial uses? Mr. Todd stated the property is located in the Metropolitan Business Park. Mr. Todd stated they contemplated asking for industrial uses but after meeting with City staff they concur not to add industrial uses. Councilman Phelps asked staff why this request recommends light industrial uses be excluded and the previous request approved industrial uses? Mr. Michael Spicer, Director of Planning, stated the primary reason is simply industrial uses are incompatible with high-rise office and retail zoning to neighboring properties. Mr. Spicer stated industrial uses were not consistent with the Comprehensive Zoning Ordinance and the strategic planning process. Mayor Blair asked if this property fronts the service road? Mr. Todd stated this is correct. Vol. 67, Page 6 Councilwoman Davis asked what zoning the boat property had in place? Mr. Spicer stated that this property was zoned light industrial. Mr. Spicer stated that piece of property had never been rezoned. Mr. Spicer stated this parcel is now being amended to diversify the range of uses. Councilwoman Davis asked if any of the Planning Development Districts facing Inwood have light industrial zoning? Mr. Spicer stated the scope of uses have been expanded to include primarily retail but no industrial uses. Councilwoman Davis asked Mr. Todd if he agreed to no industrial uses? Mr. Todd stated he agreed with no industrial uses because they plan to use the property for retail uses. There being no further discussion, a motion by Councilman Phelps, a second by Mayor Pro Tem Pyle, all voting "aye", adopted the following captioned Ordinance No. 2122 amending the PD-43 zoning district in accordance with the recommendation of 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 ALLOW USES AS PERMITTED WITHIN THE LOCAL RETAIL-2 (LR-2) ZONING DISTRICT AND LISTED IN THE COMPREHENSIVE ZONING ORDINANCE SCHEDULE OF USES UNDER ARTICLE 8, SECTION 104 (I.E., RECREATIONAL AND ENTERTAINMENT USES), SECTION 107 (I.E., RETAIL AND SERVICE USES), AND SECTION 114 (I.E., MISCELLANEOUS USES) AS PRINCIPAL USES IN THE PLANNED DEVELOPMENT NO. 43 ZONING DISTRICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF, AND DECLARING AN EFFECTIVE DATE. CA PUBLIC HEARING: CONSIDER THE REQUEST OF BOB DEVENS FOR A SPECIFIC USE PERMIT FOR A "MASSAGE ESTABLISHMENT" TO BE LOCATED AT 13615 WELCH ROAD, SUITE 103, AT THE NORTHWEST CORNER OF WELCH ROAD AND ALPHA ROAD AND WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Vol. 67, Page 7 Mayor Blair presented the following information for consideration. Mr. Bob Devens intends to operate a massage therapy establishment staffed with state licensed massage therapists. The proposed business will be known as "Healthy Touch" and will occupy approximately 3,500 square feet of lease space within Suite 103 at 13615 Welch Road. No sexually oriented business of any type is being proposed and would not be permitted should this request be granted. A massage establishment is any place of business where manipulative massage or manipulated exercises are practiced upon the human body for consideration whether with or without the use of mechanical therapeutic or bathing devices, in a State of Texas licensed hospital by a duly licensed physician or chiropractor; by a duly licensed beautician or barber in a licensed beauty shop or barber shop; in an establishment wherein State of Texas registered physical therapists treat only patients recommended by a licensed physician and operate under such physician's direction or any registered massage establishment under Texas Revised Civil Statute Annotated, Article 4512K. The applicant's request is for approval of a registered massage establishment operating in accordance with the requirements of Texas state law. The Planning and Zoning Commission, by unanimous vote, recommends proposed Ordinance No. 2125 be adopted which approves a Specific Use Permit for a massage establishment at 13615 Welch Road, Suite 103, with the conditions that it be operated and specifically located in accordance with the submitted site plan and that on-premise signage identifying the business be limited to one wall sign no larger than 50 square feet in area and reading "Healthy Touch". Mayor Blair opened the public hearing. Mr. Robert Devens was present to answer any questions from the City Council. Mr. Devens stated massage was an alternative health service, and people were becoming educated about the benefits of massage. Mr. Devens stated this was a growing industry and he would like to be on the ground floor of this growth. There being no further discussion, a motion by Mayor Pro Tem Pyle, a second by Councilman Moses, all voting "aye", closed the public hearing. Mayor Blair stated in Study Session the City Council had a question on Janis Allene Jelnick, the physical therapist. Mayor Blair stated her license would expire on June 30, 1994. Mayor Blair asked if this license has been renewed. Mr. Devens stated the applicant has renewed her license and are just awaiting the formal document for approval. Mayor Blair stated the City Council had approved a similar request earlier this year and the City has received no complaints about this business. Vol. 67, Page 8 Councilman Phelps asked Mr. Devens if he would be actively involved in the business or was he just the owner. Mr. Devens replied he owns a commercial printing company in Farmers Branch and Ms. Jelnick would be the Director of Operations and run the business. There being no further discussion, motion by Mayor Pro Tem Pyle, a second by Councilwoman Davis, all voting "aye", adopted the following captioned Ordinance No. 2125 that approves the request for Specific Use Permit to allow a massage establishment at 13615 Welch Road, Suite 103 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 MASSAGE ESTABLISHMENT LOCATED AT 13615 WELCH ROAD, SUITE 103 AND WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. C.5 PUBLIC HEARING: CONSIDER AMENDING THE COMPREHENSIVE ZONING ORDINANCE RELATIVE TO ESTABLISHING DEFINITIONS OF HOTELS AND MOTELS AND REQUIRING A SPECIFIC USE PERMIT FOR HOTEL AND MOTEL DEVELOPMENT IN ALL ZONING DISTRICTS WHERE CURRENTLY PERMITTED AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Consideration of this item has been continued from the City Council's May 23, 1994 meeting. The Comprehensive Zoning Ordinance presently allows hotel and motel uses in the Office zoning district subject to approval of a Specific Use Permit and in the Commercial, Light Industrial and Heavy Industrial zoning districts by right. Large areas of the City are presently zoned to allow hotel and motel uses by right. In these areas the City has no means to control their location or operational characteristics even if a selected location is a poor one due to the character of surrounding land uses, poor access, or proximity to residential neighborhoods. Requiring a Specific Use Permit for hotel and motel development would afford the City the opportunity to evaluate each development proposal on a case by case basis to better gauge its impact on the community, ensure compatibility with adjoining land Vol. 67, Page 9 uses and without unnecessarily over-regulating the industry. The Planning and Zoning Commission, by unanimous vote, recommends the Comprehensive Zoning Ordinance be amended to require a Specific Use Permit for hotel and motel uses in all zoning districts where they are currently allowed by right. Mayor Blair opened the public hearing. There being no one wishing to speak, a motion by Councilman Moses, a second by Councilman Phelps, all voting "aye", closed the public hearing. There being no discussion, a motion by Councilwoman Hardie, a second by Mayor Pro Tem Pyle, all voting "aye" adopted the following captioned Ordinance No. 2124 amending the Comprehensive Zoning Ordinance to require a Specific Use Permit for hotel and motel uses in all zoning districts where they are currently allowed by right. 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 ARTICLE 8, SECTION 101 OF THE COMPREHENSIVE ZONING ORDINANCE TO REQUIRE A SPECIFIC USE PERMIT FOR HOTEL AND MOTEL USES; BY PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. C.6 CONSIDER THE REQUEST OF CENTRE DEVELOPMENT COMPANY, INC., FOR SITE PLAN APPROVAL OF A DISTRIBUTION CENTER LOCATED AT 13601 BENCHMARK DRIVE AND WITHIN THE PLANNED DEVELOPMENT NO. 22 (PD-22) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Centre Development Company is requesting site plan approval for a one story sport supply warehouse and distribution center having approximately 181,000 square feet of floor area. The proposed building will be constructed of tilt-up concrete panels and the site will be approximately 9 percent landscaped. The proposed site is a 8.5 acre vacant tract located at the northwest corner of Benchmark Drive and Diplomat Drive. The property is zoned PD-22 and allows Light Industrial uses which includes a warehouse distribution center. Vol. 67, Page 10 The proposed warehouse and distribution center will augment the existing BSN Sports operations located at 1901 Diplomat Drive and is compatible with surrounding development. Staff recommends the site plan be approved with the following conditions: 1) Wall signs facing Diplomat Drive and Benchmark Drive shall not exceed a maximum area of two hundred (200) square feet. 2) An amended irrigation plan identifying all sprinkler head nozzle types shall be approved by Staff prior to the issuance of associated permits. 3) Appropriate releases from TU Electric to allow construction of exit stairways and pavement within the easement along the property's west side shall be provided prior to the issuance of associated permits. 4) Any additional parking spaces to be provided on-site shall not be subject to additional site plan approval provided the location and design is approved by Staff. 5) Final berm configuration and associated landscape materials screening the dock area fronting Diplomat Drive shall be approved by Staff prior to the issuance of a Certificate of Occupancy. The Planning and Zoning Commission, by unanimous vote, recommends the site plan be approved with the conditions recommended by City staff. Mr. Al Blaine, with Centre Development, was present for discussion and to answer question. Mayor Blair asked Mr. Blaine if he agrees with the conditions recommended by the Planning and Zoning Commission. Mr. Blaine replied he was in agreement with the conditions. Councilwoman Davis asked if this sporting goods company would be open to the public or if they were strictly distribution? Mr. Blaine replied the company is strictly a distribution center for a mail order type business with no retail. Vol. 67, Page 11 There being no further discussion, a motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", adopted Resolution No. 94-084 approving a site plan for a distribution center at 13601 Benchmark Drive with the conditions recommended by the Planning and Zoning Commission. C.7 CONSIDER REQUEST OF TCG DALLAS RELATIVE TO ORDINANCE NO. 2101 AND TAKE ANY NECESSARY ACTION INCLUDING THE PASSAGE OF ORDINANCE NO. 2127 PURSUANT TO THE CITY'S POLICE POWER AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The City of Farmers Branch has enacted two (2) ordinances granting street use and rental agreements to two businesses that construct, operate and maintain fiber optic telecommunications networks within the City. One of the businesses, TCG Dallas, appeared before the City Council at the June 6, 1994 Study Session requesting relief from the acceptance fee provision contained within Ordinance No. 2101. City Council expressed the belief that the acceptance fee provisions of both ordinances were applicable to all phases of fiber optic telecommunications networks, but that City Council action at a regular meeting of the City Council would be appropriate. The City Attorney has drafted Ordinance No. 2127 establishing acceptance fees for entities using the City's streets and rights of way for the purpose of constructing, operating and maintaining a fiber optic telecommunications network. Ordinance No. 2127 shall be applied and enforced in the event any court of competent jurisdiction issues a judgment or order that is contrary to the City's interpretation of the street use and rental agreement ordinances. The City Attorney and City Management Assistant recommend that Ordinance No. 2127 be adopted. There being no discussion, a motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2127. AN ORDINANCE OF THE CITY OF FARMERS BRANCH REGULATING THE FIBER OPTIC TELECOMMUNICATIONS NETWORK BY ESTABLISHING REASONABLE FEES FOR TRAVERSING AND CROSSING THE PUBLIC STREETS OF THE CITY; PROVIDING THAT APPLICATION OF THE REQUIREMENTS OF THIS ORDINANCE ARE CONTINGENT ON COURT DECISIONS AT ANY LEVEL OF THE JUDICIAL SYSTEM; PROVIDING A PENALTY AND ESTABLISHING AN EFFECTIVE DATE. r~ Vol. 67, Page 12 C.8 CONSIDER ADOPTING RESOLUTION NO. 94-086 SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TEXAS UTILITIES ELECTRIC COMPANY AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. On June 6, 1994, Texas Utilities Electric Company filed with its member cities and the Public Utility Commission an application to approve two riders to existing tariffs and two new tariffs. T. U. Electric is wishing to offer discounted utility rates to certain commercial and industrial customers which have access to alternative power supplies where it can be established that the customer is seriously considering leaving the T. U. Electric system. T. U. Electric proposes to put the proposed tariffs and rates into effect on July 11, 1994. The City of Farmers Branch can reject, accept or suspend the rate request to allow further study of the issue prior to a final decision to accept or reject the rate request. Resolution No. 94-086 suspends the enactment of the proposed T. U. Electric tariffs and rates for up to 90 days until October 9, 1994. This will allow the City additional time to study T. U. Electric's proposed tariffs and schedule of rates. The resolution also sets a public hearing on the rate request for July 11, 1994. The City Management Assistant recommends that Resolution No. 94-086 be adopted suspending the proposed tariff and schedule of rates of Texas Utilities and calling a Public Hearing for July 11, 1994. T.U. Electric representative Kirk King was present to discuss the rate proposal. There being no discussion, a motion by Councilwoman Hardie, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 94-086 suspending the proposed tariff and schedule of rates of Texas Utilities Electric Company and calling a Public Hearing for July 11, 1994. Mayor Blair stated there would be a meeting on June 24, 1994 with area city representatives and the City should receive more information at that meeting. D.1 CONSIDER ORDINANCE NO. 2126 AMENDING THE CITY'S 1993-94 OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED, AND TAKE APPROPRIATE. Mayor Blair presented the following information for consideration. City staff presented Council with updated operating and CIP budget projections as a part of the Mid-Year Budget Review on May 26, 1994. Vol. 67, Page 13 Ordinance No. 2126 amends the 1993-94 operating budget and the CIP budget to reflect the mid-year budget changes discussed during the Mid-Year Budget Review. This budget amendment reflects a reduction in general fund operating expenditures of $99,700, an increase in utility fund operating expenditures of $39,000, and an increase in hotel/motel operating expenditures of $77,150. City staff recommends that Ordinance No. 2126 be adopted amending the 1993-94 operating and capital improvement program budget. There being no discussion, a motion by Mayor Pro Tem Pyle, a second by Councilwoman Davis, all voting "aye", adopted the following captioned Ordinance No. 2126. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 1993-94 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENTS PROGRAM BUDGET, AND DIRECTING THE CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. D.2 CONSIDER ADOPTING RESOLUTION NO. 94-083 AWARDING THE BID FOR THE WIDENING OF THE JOSEY LANE BRIDGE TO ASHLAR CONTRACTING COMPANY AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Josey Lane improvements are part of the 1993-94 Capital Improvement Program budgeted in the amount of $4,080,000. In February 1994, residents on Sunbeck Circle requested that a median opening be constructed at the north entrance to their street on Josey Lane. In order to accommodate the request, the southbound bridge on Josey Lane over Farmers Branch Creek has to be widened. The design of the bridge widening was completed and the project was bid. Six bids were received and opened on June 6, 1994. The low bidder was Ashlar Contracting Company, submitting a bid of $36,481.00 with a contract time of sixty calendar days. Ashlar Contracting Company has provided adequate qualifications and references for similar work. They have successfully completed several bridge projects for the City of Dallas and the Texas Department of Transportation. There are sufficient funds available in the project budget for the bridge widening. The total cost of the Josey Lane improvements including the design and construction of the improvements presently underway, the materials testing, the street lights, the estimated cost for median and right-of-way enhancements, and bid price of the bridge widening is $3,921,235.28. The bridge widening will not effect the schedule of the construction presently underway. Vol. 67, Page 14 The City Engineer recommends awarding the bid for the widening of Josey Lane Bridge to Ashlar Contracting Company in the amount of $36,481.00. Mayor Blair asked if this project would run concurrent with the Josey Lane project? Mr. Murawski, City Engineer, stated it would run concurrent and will cause no delay. Mr. Murawski stated this is a 60 day contract with the work starting in late July. Mayor Blair asked Mr. Murawski to give an update on the Josey Lane project. Mr. Murawski stated this week the contractor should pour two lanes on the east side from LBJ to the shopping center which should take 3 or 4 days to complete. Mr. Murawski stated the contractor should start sometime next week on the last section of Valley View Lane. Mr. Murawski stated after this is complete, the contractor will shift traffic to the other side to complete that section. Mr. Murawski stated the contract specified that the pavement was to be completed by Thanksgiving; however the paving should be completed in early fall. There being no further discussion, a motion by Mayor Pro Tem Pyle, a second by Councilman Phelps, all voting "aye", adopt Resolution 94-083 awarding the bid for widening of the Josey Lane Bridge to Ashlar Contracting Company in the amount of $36,481.00. D.3 CONSIDER RESOLUTION NO. 94-085 ALTERING THE CONTRACT WITH CENTRAL WATERPROOFING FOR THE REPAIRS TO THE TEMPLETON TRAILS PUMP STATION STORAGE TANKS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Repairs to the Templeton Trails Pump Station Storage Tanks are necessary to seal roof cracks and stop infiltration of rainwater into the tanks which reduces the chlorine residual of the stored water. On May 23, 1994, the City Council authorized staff to execute a contract for the waterproofing of the Templeton Trails Pump Station storage tanks. Central Waterproofing and staff proceeded with the preparation of contract documents until the contractor advised City staff he could not provide the required five year maintenance bond. The contractor has agreed to provide in lieu of a five year maintenance bond, a standard two year maintenance bond and a reduction in the contract cost of $1,000.00. Staff has reviewed available options and are of the opinion that a two year maintenance bond will be acceptable for this scope of work and that a $1,000.00 reduction in the contract cost is reasonable. Vol. 67, Page 15 The Director of Public Works recommends adopting Resolution No. 94-085 reducing the maintenance bond requirement to two years and accept a reduction in the contract cost of $1,000.00 from Central Waterproofing. There being no discussion, a motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", adopted Resolution No. 94-085 reducing the maintenance bond from five years to two years. Councilman Phelps asked if the $1,000 reduction should be included in the motion? City Manager Richard Escalante stated this was not necessary because Resolution No. 94-085 accepts the reduction of the contract cost. D.4 CONSIDER ADOPTING RESOLUTION NO. 94-078 AWARDING THE PURCHASE OF 12 MOBILE VIDEO CAMERA SYSTEMS FOR INSTALLATION IN POLICE CARS TO CRIMETEC SYSTEMS, INC. IN THE AMOUNT OF $59,526.24 AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. A total of $96,000.00 is included in the Fixed Assets budget for the purchase of 12 Mobile Video Camera Systems. The camera systems will be installed in all police patrol vehicles. Bid requests were sent to seven vendors. Three bids were received. Four vendors did not return bids. The low bid which did not meet specifications was submitted by Lone Wolf Distributors with a bid of $49,425.00 The low bid, which met specifications, was submitted by CrimTec Systems, Inc. in the amount of $59,097.24 for the camera systems and $429.00 for a bulk tape eraser for a total of $59,526.24. The bid submitted includes shipping, installation and 450 T-130 evidence tapes. Reference inquiries were satisfactory. The Police Chief recommends awarding the bid for the purchase of 12 Mobile Video Cameras to CrimTec Systems, Inc. in the amount of $59,526.24. Mayor Blair asked why the other low bidder did not meet specifications? Captain Reece Daniels stated the Police Department contacted several other cities who have this equipment and the quality of the merchandise was found to be inferior and the service on the equipment after the sale. Councilman Phelps asked if any bad references on CrimTec Systems, Inc. had been found? Vol. 67, Page 16 Captain Daniels stated they had contacted approximately 25 references and found there to be no problems with their equipment. There being no further discussion, a motion by Councilman Phelps, a second by Councilwoman Hardie, all voting "aye", adopted Resolution 94-078 awarding the bid for 12 Mobile Video Camera Systems to CrimTec Systems, Inc. in the amount of $59,526.24. D.5 CONSIDER ADOPTING RESOLUTION NO. 94-077 AWARDING A BID FOR THE PURCHASE OF A 1995 MODEL CAB AND CHASSIS WITH A LOW SIDE DUMP BED TO WHITE GMC TRUCKS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Bid requests for the purchase of a 1995 model cab and chassis with a low side dump to replace an existing 1977 model truck were sent to five vendors. Three bids were received and opened on May 27, 1994. The only bid meeting specifications was from White GMC Trucks in the amount of $32,170.00. Two bids were received that did not meet the 80,000 P.S.I. yield strength of the frame specifications. To determine if the truck bid received is a fair price, staff contacted the City of Carrollton, the City of Garland and Avis Truck Rental about the price of similar vehicles purchased within the last six months. We received cost figures ranging from $32,000.00 to $35,000.00. Funds in the amount of $35,000.00 are available in the 1993-94 fixed asset fund for this purchase. The existing unit will be sold at auction for approximately $1,000.00. The Director of Public Works recommends adopting Resolution No. 94-077 awarding the bid for the purchase of a 1995 model cab and chassis with a low side dump bed to White GMC Trucks in the amount of $32,170.00. There being no discussion, a motion by Councilman Moses, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 94-077 awarding a bid for the purchase of a 1995 model cab and chassis with a low side dump bed to White GMC Trucks in the amount of $32,170.00. D.6 CONSIDER ADOPTING RESOLUTION NO. 94-080 AWARDING THE BID FOR A 1995 COMBINATION DUMP RECYCLING TRUCK AND TAKE APPROPRIATE ACTION. Mayor Blair stated the City Staff has requested this item be tabled for further study. Mayor Blair made a motion to table this item as recommended by the City Staff. Mayor Pro Tem Pyle seconded the motion and all voted "aye". Vol. 67, Page 17 D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. City Manager Richard Escalante gave a report on his recent trip attending a TCMA Conference in Waco, Texas. Mr. Escalante stated he attended sessions on council/staff relations, youth issues, and health coverage issues. 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 6:20 P.M. AND CONCLUDED AT 6:40 P.M. MAYOR BLAIR ANNOUNCED THAT ACTION ON THE ITEMS DISCUSSED WERE 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.la DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074 1. DISCUSS COUNCIL LIAISON APPOINTMENTS TO THE VARIOUS ADVISORY BOARDS. 2. DISCUSS APPOINTMENT OF ALTERNATE POSITION TO THE PARKS AND RECREATION BOARD. Mayor Blair and members of the City Council discussed pros and cons of having a Council liaison to each of the various advisory boards. A discussion was held relating to the appointment of Alternate 2 position on the Parks and Recreation Board. E. lb DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE - SECTION 551.071 1. DISCUSS PENDING AND CONTEMPLATED LITIGATION RELATIVE TO ORDINANCES DEALING WITH FIBER OPTICS (TCG). This item was discussed in open session under Agenda Item C.7. Vol. 67, Page 18 E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated that Council liaisons to the various advisory boards were not necessary at this time. Mayor Blair stated that the Council did discuss the need of better communicating with the board members with the Council. Mayor Blair stated he and the City Manager were to come up with ways of communicating with board members. Mayor Blair stated that the appointment of Alternate 2 position on the Parks and Recreation Board had been left vacant for three (3) months at the request of Chairman Barney Wood. Mayor Blair stated that time had lapsed and Mr. Wood was in agreement for an appointment to this position and it will be considered at the next meeting. E.3 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated no action was necessary. F.1 ADJOURNMENT. A motion by Councilwoman Hardie, a second by Mayor Pro Tem Pyle, all voting "aye", adjourned the City Council meeting of June 20, 1994, at 9:05 P.M. Mayor City Secretary Vol. 67, Page 19