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1996-03-18 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING MARCH 18, 1996 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Nancy Hardie Councilmembers Ron Pyle Bill Moses Bob Phelps Calla Davis The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Tidwell Assistant City Manager John Burke City Attorney John Boyle City Secretary Cindee Peters Communication Director Donna Huerta Director of Community Services Tom Scales City Engineer Jerry Murawski Director of Equipment Services Don Moore 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 Traffic Engineer Dave Davis Mayor Blair called the City Council Meeting of March 18, 1996 to order at 7:35 P.M. The meeting was televised. Vol. 71, Page 67 A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 PROCLAIM SUPPORT FOR DALLAS COUNTY'S SESQUICENTENNIAL CELEBRATION AND CLEAN-UP CAMPAIGN. Mayor Blair read the proclamation and proclaimed support for Dallas County's Sesquicentennial Celebration. A.3 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. A.4 REPORT ON STUDY SESSION ITEMS. Mayor Blair gave a brief summary of the items discussed in Study Session held prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.3. 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. Hardie, a second by Councilwoman Davis, all voting "aye", added item D.2 to the consent agenda. A motion by Mayor Pro Tem Hardie, a second by Councilman Moses, all voting "aye", approved the following Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MARCH 4, 1996. B.2 APPROVED THE SPECIAL CITY COUNCIL MINUTES OF MARCH 7, 1996. B.3 APPROVED RESOLUTION 96-035 AUTHORIZING DEPOSITORY BANK SIGNATORIES. Vol. 71, Page 68 D.2 ADOPTED RESOLUTION NO. 96-034 AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH HOME INTERIORS AND GIFTS, INC., FOR OUTDOOR WARNING SYSTEM SITE. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status and happenings of various projects in the City. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF LONE STAR ENERGY FOR A SPECIFIC USE PERMIT TO ALLOW A COMPRESSED NATURAL GAS (CNG) REFUELING SYSTEM AT 11925 JOSEY LANE AND WITHIN THE LOCAL RETAIL-2 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Lone Star Energy wants to locate a compressed natural gas refueling system at 11925 7osey Lane. The property is an approximate 0.49 acre lot located west of 7osey Lane between the LB7 Freeway westbound frontage road and Villa Creek Drive. The property is presently occupied by a tune-up shop owned by Pit Pros. The tune-up shop and proposed compressed natural gas refueling system will operate concurrently. The compressed natural gas refueling system includes a dispensing facility and a brick masonry equipment enclosure three hundred and forty-five (345) square feet in area. The compressed natural gas equipment enclosure will be placed generally at the southwest corner of the property. The dispensing facility will be placed under an existing canopy that is located along the south side of the existing Pit Pros building and east of the proposed compressed natural gas equipment enclosure. In addition to the five (5) percent landscaping that exists on site, a solid screening hedge of six (6) foot tall red tip photinias will be installed along the west side of the compressed natural gas equipment enclosure. A compressed natural gas refueling facility is permitted within Local Retail-2 (LR-2) zoning district with a specific use permit. The Planning and Zoning Commission, by unanimous vote, recommends the specific use permit be approved with the following conditions: 1. A six (6) foot tall screening hedge, comprised of red tip photinias, be installed along the south side of the compressed natural gas equipment enclosure within the existing landscaped area. Vol. 71, Page 69 2. The dumpster enclosure gate be relocated from the south side of the enclosure to the north side of the enclosure facing Villa Creek Drive to allow access to the dumpster. 3. Prior to the issuance of any building permits or before work of any kind commences relative to the compressed natural gas facility, the Texas Natural Resource Conservation Commission (TNRCC) shall approve or state that they have no objection to the location and design of the compressed natural gas equipment enclosure and dispensing facility. The owner, in cooperation with the consultant responsible for the design and operation of the vapor extraction operation on site, shall prepare a plan for the installation of the compressed natural gas facility that will not interfere with the vapor extraction system or operation in any manner, which plan must be reviewed and approved by City Staff. Mayor Blair opened the public hearing. Nicholas Visintainer, representing Lone Star Energy, explained he was here to answer any questions the City Council might have. Mr. Visintainer stated this facility would service Dallas County vehicles, City of Farmers Branch and the City of Dallas vehicles. Mr. Visintainer stated this facility would be open 24 hours a day. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", closed the public hearing. Mayor Blair asked Fire Chief Kyle King if staff had checked into all the safety factors. Fire Chief Kyle King stated the staff has checked all safety factors. Mayor Blair asked how many other facilities of this kind are in the Dallas/Fort Worth metroplex. Mr. Visintainer stated there were 22 facilities of this kind in the metroplex area. Mayor Blair asked how many years the longest facility has been in operation. Mr. Visintainer stated there is a facility that has been in operation for fourteen years. Mayor Blair asked if there had been any hazards or safety problems with any of these operations. Mr. Visintainer replied there had not. Vol. 71, Page 70 Councilwoman Davis stated the recommendation by the Planning and Zoning Commission required the owners plant six foot photinias. Councilwoman Davis asked if six foot photinias could be purchased at that height. Mr. Jeff Fuller, Director of Parks and Recreation, explained they are not common but can be located at that height. Councilwoman Davis asked if there was a special reason for requiring the six foot high photinias. Mr. Tom Scales, Director of Community Services, stated it was the intention of the Planning and Zoning Commission to require a hedge that would be at least six feet in height when it matures and that five gallon size plants at time of planting should be sufficient. Mayor Blair asked the applicant if he agreed with the conditions recommended by the Planning and Zoning Commission. Mr. Visintainer stated he had no problem complying with the recommendations. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", adopted the following captioned Ordinance Number 2255 granting a specific use permit for a compressed natural gas refueling facility at 11925 Josey Lane with the conditions as recommended by the Planning and Zoning Commission with the exception that a screening hedge comprised of a minimum of 5 gallon photinias be installed instead of the 6 foot photinias. 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 COMPRESSED NATURAL GAS REFUELING SYSTEM AT 11925 JOSEY LANE AND WITHIN THE LOCAL RETAIL-2 (LR-2) ZONING DISTRICT, PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING 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 TRAVELERS REALTY INVESTMENT COMPANY TO AMEND THE PLANNED DEVELOPMENT NUMBER 50 (PD-50) ZONING DISTRICT PERMITTED USES AND DEVELOPMENT STANDARDS AND TAKE APPROPRIATE ACTION. Vol. 71, Page 71 Mayor Blair stated this item was continued from the March 4, 1996 City Council meeting to allow the applicant additional time to review the proposed PD-50 uses and development standards. Travelers Realty Investment Company representatives are still reviewing the proposed development standards and associated developer's contract for PD-50. The City Staff is requesting this item be continued until the April 1, 1996, City Council meeting. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", continued consideration of this item until the April 1, 1996, City Council meeting. D.1 CONSIDER ADOPTING RESOLUTION NO. 96-014 APPROVING A DEVELOPER'S CONTRACT WITH TRAVELERS REALTY INVESTMENT COMPANY FOR PART OF THE CENTREPLACE ADDITION AND TAKE APPROPRIATE ACTION. Mayor Blair stated this item was continued from the February 5, 1996 City Council meeting to allow the applicant additional time to review the proposed Developer's Contract. City staff requests that this item be continued until the April 1, 1996, City Council meeting. Staff recommends that consideration of this item be continued until the April 1, 1996 City Council meeting. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", continued consideration of this item until the April 1, 1996 City Council meeting. D.2 CONSENT. D.3 CONSIDER ADOPTING RESOLUTION NO. 96-029 AWARDING A BID FOR PAVEMENT AND UTILITY CUT REPAIRS AT VARIOUS LOCATIONS AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Requests for bids were sent to eleven contractors, and one was picked up. Five bids were returned and opened on February 9, 1996. Seven vendors declined to bid for various reasons. Quantum Contracting Co. submitted the low bid which met all specifications. Quantities of work were estimated and unit prices were bid for the various types of pavement repairs. Pavement repairs on major thoroughfares were specifically identified in the bid package. The utility cut portion will be performed only as necessary and within budget. Vol. 71, Page 72 A review of the entire bid proposal shows that prices bid were very competitive. The total estimated bid from Quantum Contracting Co. is $306,500.00. The 1995-1996 Public Works budget contains $200,000.00 to fund this contract and, if approved, the contract will be awarded not to exceed $200,000.00. The Director of Public Works recommends adopting Resolution No. 96-029 awarding a bid for pavement and utility cut repairs at various locations to Quantum Contracting Co. for a total cost not to exceed $200,000.00 and authorizing the City Manager to execute the contract on behalf of the City. A motion by Mayor Pro Tem Hardie, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 96-029 awarding the bid for pavement and utility cut repairs at various locations to Quantum Contracting Co. for a total cost not to exceed $200,000.00 and authorizing the City Manager to execute the contract on behalf of the City. DA CONSIDER ADOPTING RESOLUTION NO. 96-036 AWARDING THE BID FOR ONE 1996 MODEL TWENTY-PASSENGER BUS FOR THE SENIOR CENTER AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Bids for one (1) 1996 model twenty-passenger bus for use by the City's Senior Adult Activity Center were received by the State's General Services Commission on February 7, 1996 at 3:00 p.m. Four (4) vendors submitted a total of six (6) bids. The low bid meeting specifications was submitted by Dallas Bus Sales, Inc., Dallas, Texas, in the amount of $53,074.00. The City's 1995-96 Capital Improvement Program includes $65,000.00 in DART Local Assistance Funds designated for the purchase of a bus for the Senior Center. The Directors of Parks and Recreation and Equipment Services recommend adopting Resolution No. 96-036 awarding the bid for the purchase of one (1) 1996 model twenty-passenger bus to Dallas Bus Sales, in the amount of $53,074.00. Mr. Nick Korba, 13210 Shahan, asked who will drive this vehicle and what is the liability for the City. Mayor Blair replied that the City employs staff that possess a commercial drivers license to operate this type vehicle. Mayor Blair also informed Mr. Korba that the City carries an overall policy to cover this passenger bus. Vol. 71, Page 73 A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 96-036 authorizing the City Manager to purchase one (1) 1996 model twenty passenger bus from Dallas Bus Sales, Inc. in the amount of $53,074.00. D.5 CONSIDER ADOPTING RESOLUTION NO. 96-033 AWARDING THE BID FOR THE PURCHASE OF AN AERIAL BUCKET LIFT AND SERVICE BODY TO FONTAINE TRUCK EQUIPMENT AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Requests for bids to purchase an Aerial Bucket Lift and Service Body for mounting on a one ton truck currently in the City's fleet were sent to five vendors. Two vendors submitted bids which were opened on March 1, 1996. The low bid, meeting specifications, was submitted by Fontaine Truck Equipment for the amount of $19,500.00. The 1995-96 Fixed Assets budget for Traffic Engineering includes $18,000.00 for this purchase. The remaining amount of $1,500.00 needed for this purchase is available in the City's Fixed Asset Fund. The Directors of Engineering and Equipment Services recommend adopting Resolution No. 96-033 awarding the bid for an Aerial Bucket Lift and Service Body to Fontaine Truck Equipment for the amount of $19,500.00. A motion by Councilman Phelps, a second by Councilman Moses, all voting "'aye adopted Resolution No. 96-033 authorizing the City Manager to purchase an Aerial Bucket Lift and Service Body from Fontaine Truck Equipment for the amount of $19,500.00. D.6 CONSIDER ENTERING INTO A JOINT ELECTION CONTRACT WITH THE COUNTY OF DALLAS FOR THE MAY 4, 1996 CITY COUNCIL ELECTION AND TAKE THE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The joint City-County election contract for the May 4, 1996 election is being presented for consideration. The contract provides the same services to the city as in previous years and will also cover a special election to fill the unexpired term of City Councilmember Place 1. The Farmers Branch Manske Library will be the only voting place for the city's election. The city's estimated cost is $1,639.93. Vol. 71, Page 74 Early voting will be conducted in city hall on weekdays beginning Monday, April 15, 1996, and continuing through Saturday, April 27, 1996, between 8:00 a. m. and 5:00 p.m.; and Sunday, April 28, between 1:00 p.m. and 6:00 p.m. The voting on Monday, April 29, 1996 and Tuesday, April 30, 1996, will be from 7:00 a. m. and 7:00 p.m. The Carrollton-Farmers Branch Independent School District will also be entering into the joint election contract with the County. The City Secretary recommends the City Manager be authorized to execute in substantial form a Joint City-County Election Contract with Dallas County. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", authorized the execution of a Joint City-County Election Contract for the May 4, 1996 election in substantially the same form as presented. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no travel reports or requests. D.8 CITIZEN PARTICIPATION. No one came forward. MAYOR BLAIR ANNOUNCED AT 8:20 P.M. THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS, THE MEETING WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E. la DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074 1. DISCUSS SELECTION OF THE WOMAN OF THE YEAR. 2. DISCUSS APPOINTMENT TO THE ANIMAL SHELTER ADVISORY COMMITTEE. 3. DISCUSS APPOINTMENT TO THE ZONING BOARD OF ADJUSTMENTS AND BUILDING CODE BOARD OF APPEALS. 4. DISCUSS APPOINTMENT TO THE METROCREST HOSPITAL AUTHORITY. Vol. 71, Page 75 Mayor Blair and members of the City Council discussed appointments to the various boards indicated above. E. lb DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS LAND ACQUISITION IN OLD FARMERS BRANCH. The City Staff presented a status report to the City Council relating to the possible land acquisition in Old Farmers Branch. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated the City Council discussed selections for Woman of the Year and will bring this back to the City Council along with their resumes. Mayor Blair announced that appointments to the Zoning Board of Adjustments and Building Code Board of Appeals, and the Metrocrest Hospital Authority will be considered after the May City Council election. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair reported that Assistant City Manager John Burke presented a status report and will continue investigation of possible land acquisition in Old Farmers Branch. No action was necessary on this item. F.1 ADJOURNMENT. A motion by Councilman Pyle, a second by Councilwoman Davis, all voting "aye", adjourned the City Council meeting of March 18, 1995, at 9:00 P.M. Mayor re City Secretary Vol. 71, Page 76