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1996-05-06 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING MAY 6, 1996 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers LJ I Dave Blair Nancy Hardie Ron Pyle Bill Moses Bob Phelps Calla Davis Charlie Bird The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Communication Director Economic Development Director Director of Community Services Director of Planning City Engineer Director of Equipment Services Director of Finance Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works Traffic Engineer Richard L. Escalante Linda Tidwell John Burke John Boyle Cindee Peters Donna Huerta Norma Nichols Tom Scales Michael Spicer Jerry Murawski Don Moore Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux Dave Davis Vol. 71, Page 104 Mayor Blair called the City Council Meeting of May 6, 1996 to order at 7:30 P.M.. The meeting was televised. A.1 INVOCATION. Brother Eddy Ketchersid gave the invocation and led the pledge of allegiance to the flag. A.2 PRESENTATION OF THE FARMERS BRANCH WOMAN OF THE YEAR. Mayor Blair asked all the previous Women of the Year to come forward. Mayor Blair announced that Farmers Branch had chosen Mrs. Carla McGee as Woman of the Year. A.3 PRESENTATION OF COMMUNITY BUILDERS AWARD GIVEN BY JAMES A. SMITH MASONIC LODGE #395. Mayor Blair announced that Brother Eddy Ketchersid was the recipient of the Community Builders Award given by the James A. Smith Masonic Lodge #395. A.4 CONSIDER ACCEPTING A DONATION OF $825.50 FROM THE FARMERS BRANCH WOMAN'S CLUB TO PURCHASE FOUR HINGED CHANGEABLE MESSAGE BOARDS FOR THE MANSKE LIBRARY AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The Farmers Branch Woman's Club sponsors an annual fundraising fashion show and luncheon. This year the membership voted to donate part of their proceeds to the Farmers Branch Manske Library for four hinged door message boards. In the past, the Library has placed signs on easels to promote various programs at the Library. When many activities occur, the easels have congested the Library's busy entry area and interrupted traffic flow. The message boards will be mounted on a column by the check-out counter and will list the Library's and Friends of the Library's activities for each month. The Library Director recommends accepting the $825.50 donation from the Farmers Branch Woman's Club for the purchase of four message boards for the Farmers Branch Manske Library. Ms. Nancy Strickland, the President of the Farmers Branch Woman's Club, presented a check in the amount of $825.50 for the message board to Mayor Blair. Vol. 71, Page 105 A motion by Mayor Pro Tem Hardie, a second by Councilwoman Davis, all voting "aye", accepted the donation from the Farmers Branch Woman's Club. A.5 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a five year employee service award to Mark Moffeit of the Parks and Recreation Department. Mayor Blair presented a ten year employee service award to Frances Arroyo Stover of the Parks and Recreation Department. Mayor Blair presented a ten year employee service award to John Roach of the Engineering Department. Mayor Blair presented a ten year employee service award to Pete Pistole of the Public Works Department. A.6 PRESENTATION OF BOARD APPLICATIONS. No applications were presented. A.7 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.2. Mayor Blair stated that under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Hardie, a second by Councilman Pyle, all voting "aye", added items C.6, D.1, and D.2 to the consent agenda. A motion by Mayor Pro Tem Hardie, a second by Councilwoman Davis, all voting "aye", approved the following Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF APRIL 15, 1996. Vol. 71, Page 106 B.2 ADOPTED RESOLUTION NO. 96-060 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ADDENDUM WITH ATLAS ENTERPRISES, INC. FOR FIREWORKS SHOWS ON SATURDAY, JUNE 8, 1996 AND THURSDAY, JULY 4, 1996. C.6 APPROVED REQUEST BY CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT FOR FINAL PLAT APPROVAL OF PROFESSIONAL TRAINING CENTER ADDITION. D.1 ADOPTED RESOLUTION NO. 96-058 AUTHORIZING THE CITY MANAGER TO PURCHASE AN AM RADIO STATION FROM AMERICAN COMMUNICATIONS. D.2 APPROVED A FILL PERMIT REQUEST FROM PRIVATE PROPERTY OWNERS FOR CONSTRUCTION OF ONE SMALL DAM ALONG FARMERS BRANCH CREEK BETWEEN VALLEY VIEW LANE AND MARSH LANE. C.1 CANVASS THE ELECTION RETURNS OF MAY 4, 1996 CITY COUNCIL ELECTION. The following actions will be taken to canvass and certify the results of the May 4, 1996 City Council Election: 1. The Mayor reads the canvass statement. The votes for each candidate are as follows: NAME NUMBER OF VOTES MAYOR Bob Phelps 1,250 MAYOR Nancy Hardie 1,231 NAME NUMBER OF VOTES COUNCIL PLACE 2 Berry R. Grubbs 992 COUNCIL PLACE 2 Al Wagner 516 COUNCIL PLACE 2 Jim Dalton 488 COUNCIL PLACE 2 James D. Bagby 280 Vol. 71, Page 107 NAME NUMBER OF VOTES COUNCIL PLACE 1 Charlie Bird 1,676 2. The City Council adopts Resolution No. 96-059. Mayor Blair read Resolution No. 96-059 giving the results of the election. It appearing that Bob Phelps received a majority of the votes cast for the office of Mayor, and is hereby declared to be elected to said office to serve after qualifying until the regular municipal election in 1999, and until his successor shall have been elected and shall have qualified. It appearing that no candidate received a majority of the votes cast for the office of Councilperson, Place 2, with Berry R. Grubbs and Al Wagner receiving the highest number of votes, it is declared that a runoff election will be called for June 1, 1996. It appearing that Charlie Bird received a majority of the votes cast for the office of Councilperson, Place 1, and is hereby declared to be elected to said office to serve after qualifying until the regular municipal election in 1998, and until his successor shall have been elected and shall have qualified. A motion by Councilperson Ron Pyle, seconded by Councilperson Bill Moses, with Councilpersons Calla Davis, Bob Phelps, Bill Moses, Ron Pyle voting "aye", and Councilperson Nancy Hardie abstaining, adopted Resolution 96-059 canvassing the election returns and declaring the results of the City Council election held in the City on May 4, 1996. 3. Oath of Office administered by Mayor Blair. Mayor Blair administered the oath of office to Charlie Bird to serve the office as Councilmember, Place 1 and to Bob Phelps to serve the office as Mayor for the City of Farmers Branch in the State of Texas. 4. Presentation of Certificates of Election. Mayor Blair presented Certificates of Election to Mayor Bob Phelps and Councilmember Charlie Bird. C.2 CONSIDER ORDINANCE NO. 2259 ISSUING THE ELECTION ORDER CALLING FOR A CITY COUNCIL RUNOFF ELECTION FOR PLACE 2 ON JUNE 1, 1996 IF NEEDED AND TAKE APPROPRIATE ACTION. Vol. 71, Page 108 Mayor Phelps gave the following information for consideration. This item has been placed on the agenda in the event no candidate in Place 2 receives a majority vote in the May 4, 1996 election. Section 2.021 of the Texas Election Laws Code and the City Charter provide that if no candidate for a particular office receives the votes necessary to be elected in an election requiring a majority vote, a runoff election for that office is required. Section 7.09 of the City Charter also provides that in the event no candidate for a given office has received the necessary majority vote in an election, on the first day following the completion of the official canvas, the Mayor shall call a second election to be held on a date authorized for such purpose by State law as adopted by resolution of the City Council. The City Secretary recommends that a runoff election be held on June 1, 1996, if needed. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye" adopted the following captioned Ordinance No. 2259 calling for a runoff election on June 1, 1996. AN ORDINANCE CALLING A RUNOFF ELECTION FOR CITY COUNCILMEMBER, PLACE 2, FOR THE 1ST DAY OF JUNE, 1996; NAMING THE POLLING PLACE AND HOURS; SETTING THE LOCATION AND HOURS FOR EARLY VOTING; CALLING FOR THE APPOINTMENT OF AN ELECTION JUDGE AND ALTERNATE ELECTION JUDGE; ESTABLISHING THE RETURNS PROCEDURE; AND CANVASSING THE RESULTS OF THE RUNOFF ELECTION. C.3 PRESENTATION OF COUNCIL CERTIFICATE TO MAYOR BLAIR. Mayor Phelps presented to Mayor Blair a certificate and a watch from the City for his service to the City. C.4 ELECT MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM. A motion by Councilman Pyle, a second by Mayor Pro Tem Hardie, all voting "aye", elected Councilman Bill Moses to serve as Mayor Pro Tem. A motion by Mayor Pro Tem Moses, a second by Councilman Pyle, all voting "aye", elected Councilwoman Davis to serve as Deputy Mayor Pro Tem. Vol. 71, Page 109 C.5 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the status and happenings of various projects in the City. C.6 CONSENT. D.1 CONSENT. D.2 CONSENT. D.3 CONSIDER ADOPTING RESOLUTION NO. 96-065 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH REED ENGINEERING GROUP FOR ENGINEERING AND GEOTECHNICAL SERVICES AT THE CITY LANDFILL FACILITY AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. Staff has negotiated an agreement with Reed Engineering Group for engineering and geotechnical services for the City Landfill Facility. These services entail continued implementation of Subtitle "D" requirements of Environmental Protection Agency regulations adapted by the State of Texas and enforced by the Texas Natural Resource Conservation Commission. The requirements consist of quarterly ground water monitoring, construction monitoring and testing of a disposal cell, quarterly methane gas monitoring, and landfill gas testing. The agreement with Reed Engineering Group for professional engineering and geotechnical services is in the estimated amount not to exceed $170,805.00. The Public Works Department 1995-1996 operating budget contains $171,000.00 for these services. The Director of Public Works recommends the adoption of Resolution No. 96-065 authorizing the City Manager to execute an agreement with Reed Engineering Group in the estimated amount not to exceed $170,805.00 for engineering and geotechnical services. Mayor Pro Tem Moses asked if the City was requesting this service to comply with State law. Mr. Mark Pavageaux, Director of Public Works, stated this action was to comply with State law. Vol. 71, Page 110 A motion by Councilwoman Davis, a second by Mayor Pro Tem Moses, all voting "aye", adopted Resolution No. 96-065 authorizing the City Manager to execute an agreement with Reed Engineering Group in the amount not to exceed $170,805.00 for engineering and geotechnical services for the City's Landfill. DA CONSIDER ADOPTING RESOLUTION NO. 96-064 AWARDING THE BID FOR RENOVATION OF THE PLAYGROUND AT DON SHOWMAN PARK TO PITTMAN CONSTRUCTION, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. The renovation of the playground at Don Showman Park is budgeted in the 1995-96 Fixed Asset Budget in the amount of $100,000.00. Nine bid requests were sent out and two bids were received and opened on April 26, 1996; both bids met specifications. The low bidder is Pittman Construction, Inc. in the amount of $92,051.00 with a contract time of ninety (90) days. Pittman Construction, Inc. has worked for the City previously and has provided quality work. The proposed improvements include the replacement of existing surfacing and playground equipment with new equipment and surfacing that will offer graduated challenges for different age groups and meet safety standards. The Parks and Recreation Department Director recommends awarding the bid for the renovation of the playground at Don Showman Park to Pittman Construction, Inc. in the amount of $92,051.00. A motion by Councilman Pyle, a second by Councilman Bird, all voting "aye", adopted Resolution No.96-064 awarding the bid for the renovation of the playground at Don Showman Park to Pittman Construction, Inc. in the amount of $92,051.00. D.5 CONSIDER ADOPTING RESOLUTION NO. 96-062 AWARDING THE BID FOR CONTRACT GROUNDS MAINTENANCE OF VARIOUS CITY PROPERTIES, MEDIANS, AND RIGHTS OF WAY TO VMC LANDSCAPE SERVICES, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. On March 18, 1996, six bids, all meeting specifications, were received and opened for the contract grounds maintenance services for various city properties, medians and rights of way including: the Historical Park grounds; the property at 3320 Beltline Road, being the former Motorola property; the elevated water storage tank site at 14337 Gillis Road; Cooks Creek drainage easement between Hollandale and Josey Lane and east to Dennis Lane; Valley View median and rights of way between I-35 and I-635; Luna Road median and rights of way between 1-635 and Valley View Lane; Royal Lane median and rights of way west of the railroad tracks at the Dallas city limits to the Trinity Vol. 71, Page 111 River bridge; and Josey Lane medians and rights of way between Valley View Lane and I-635. The lowest bid meeting specifications was from VMC Landscape Services, Inc. in the amount of $33,167.48. There is $40,000.00 in the 1995-96 budget for contract maintenance. The Director of the Parks and Recreation Department recommends adopting Resolution No. 96-062 awarding the bid for the contract grounds maintenance of various city properties, medians, and rights of way to VMC Landscape Services, Inc. in the amount of $33,167.48. Councilman Pyle asked why the tremendous difference in the high and low bids. Mr. Jeff Fuller, Director of Parks and Recreation, stated the highest bidder informed the City they bid high because of their busy schedule. A motion by Councilwoman Hardie, a second by Mayor Pro Tem Moses, all voting "aye", adopted Resolution No. 96-062 awarding the bid for the contract maintenance of various city properties, medians, and rights of way to VMC Landscape Services, Inc. in the amount of $33,167.48. D.6 CONSIDER ADOPTING RESOLUTION NO. 96-066 AWARDING THE BID FOR THE PURCHASE OF A 1996 MODEL DUAL STEEL DRUM VIBRATORY ROLLER AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. Requests for bids to purchase a 1996 model dual steel drum vibratory roller were sent to four vendors. One vendor picked up a bid packet. Five vendors submitted bids which were opened on April 19, 1996. Four of the bids met specifications and one did not. Moody-Day submitted the lowest bid meeting specifications in the amount of $25,750.00. The 1995-96 Public Works Department budget includes $40,000.00 for this purchase. The Directors of Public Works and Equipment Services recommend adopting Resolution No. 96-066 awarding the bid for a 1996 model dual steel drum vibratory roller to Moody-Day for the amount of $25,750.00. A motion by Mayor Pro Tem Moses, a second by Councilwoman Davis, all voting "aye", adopt Resolution No. 96-066 awarding the bid for a 1996 model dual steel drum vibratory roller to Moody-Day for the amount of $25,750.00. Vol. 71, Page 112 D.7 CONSIDER ADOPTING RESOLUTION NO. 96-063 AWARDING BIDS FOR ANNUAL SUPPLY OF GAS, DIESEL AND LUBRICANT SUPPLIES AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. Bid requests for the annual supply of gasoline and diesel fuels and for lubricant supplies were sent to seventeen vendors. Six vendors submitted bids that were opened on April 8, 1996. The bids received included two bids meeting specifications for gasoline and diesel, and six bids meeting specifications for lubricant supplies. The bids for the annual supply of gasoline and diesel are based on the Oil Price Index Service, or OPIS, average terminal price as published each week. OPIS is a service that tracks available prices at area petroleum terminals and advises subscribers of these prices. These prices change daily due to market fluctuations. This service is available to all vendors who purchase and market petroleum products. Using an average price for gasoline and diesel from terminals in our area as a base price, bidders are required to submit a profit margin above or below the OPIS average price which will remain constant throughout the term of the contract. Staff reviewed all bids submitted and determined that Reeder Distributors, Inc. of Fort Worth submitted the lowest markup over the OPIS average terminal price for diesel of $.014 per gallon, and the lowest discount from the OPIS average terminal price for mid-grade gasoline of $.002 per gallon. The total estimated annual cost for diesel and gasoline including delivery fees and taxes is $367,103.00. The lowest bid received for the annual supply of lubricants was submitted by Money Oil Company of Dallas for an estimated amount of $16,757.06. The total estimated annual cost for all products including fees and taxes is $383,860.06. The current operating department budgets include $412,500.00 for the purchase of gasoline, diesel and lubricant supplies, including overhead charges, State and Federal taxes and mandated delivery fees. The Director of Equipment Services recommends adopting Resolution No. 96-063 awarding the bid for the annual supply of gasoline and diesel including delivery fees and taxes to Reeder Distributors, Inc. of Ft. Worth for the estimated amount of $367,103.00, and the bid for the annual supply of lubricants to Money Oil Co. of Dallas for an estimated amount of $16,757.06, for a combined estimated total of $383,860.06 for all products. L~ Vol. 71, Page 113 A motion by Councilman Pyle, a second by Mayor Pro Tern Moses, all voting "aye", adopted Resolution No. 96-063 awarding the bid for the annual supply of gasoline and diesel including delivery fees and taxes to Reeder Distributors, Inc. of Ft. Worth for the estimated amount of $367,103.00, and the bid for the annual supply of lubricants to Money Oil Company of Dallas for an estimated amount of $16,757.06, for a combined estimated total of $383,860.06 for all products. D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. City Manager Richard Escalante stated he recently attended the National League of Cities conference on the Telecommunications Act of 1996. Mr. Escalante stated this will affect cable, telephones, cellular telephones, our zoning ordinance and building codes. Mr. Escalante stated this is the beginning of a learning process for this complicated legislation. D.9 CITIZEN PARTICIPATION. No one came forward. MAYOR PHELPS ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. STUDY SESSION. THE DISCUSSION BEGAN AT 6:30 P.M., AND CONCLUDED AT 7:15 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 THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E. la DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS POSSIBLE RIGHT-OF-WAY ACQUISITIONS RELATED TO THE MIDWAY ROAD IMPROVEMENTS BETWEEN LBJ FREEWAY AND SPRING VALLEY ROAD. Assistant City Manager John Burke and City Engineer Jerry Murawski presented a status report relating to right-of-way acquisitions on Midway Road improvements between LBJ Freeway and Spring Valley Road. Vol. 71, Page 114 E.2 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Pyle, a second by Mayor Pro Tern Moses, all voting "aye", directed staff to present an offer of $200,000 to Vincent's Seafood Restaurant located at 13327 Midway Road for property needed for City right-of-way. A motion by Councilwoman Hardie, a second by Councilwoman Davis, all voting "aye", directed staff to present an offer of $150,000 to Luby's Cafeteria located at 13455 Midway Road for property needed for City right-of-way. F.1 ADJOURNMENT. A motion by Mayor Pro Tern Moses, a second by Councilman Bird, all voting "aye", adjourned the City Council meeting of May 6, 1996, at 9:23 P.M. Mayor City Secretary Vol. 71, Page 115