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1997-02-17 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING FEBRUARY 17, 1997 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tern Bill Moses Councilmembers Ron Pyle Berry Grubbs Charlie Bird The following members of the City Council were absent: Councilmember Calla Davis 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 City Engineer Director of Finance Director of Parks & Recreation Captain Fire Chief Director of Public Works Assistant to the City Manager Director of Equipment Services Traffic Engineer Recording Secretary Richard L. Escalante Linda Tidwell-Groomer John F. Burke John Boyle Cindee Peters Donna Huerta Norma Nichols Tom Scales Jerry Murawski Charles Cox Jeff Fuller Reece Daniel Kyle King Mark Pavageaux Margaret Somereve Don Moore Dave Davis Suzanne Reynolds Mayor Phelps called the City Council Meeting of February 17, 1997 to order at 7:37 P.M. The meeting was televised. Volume 73, page 136 Mayor Phelps stated Councilwoman Davis was not present due to illness. A.1 INVOCATION. Dr. Richard Selby of Ridgeview Presbyterian Church gave the invocation and Councilman Bird led the pledge of allegiance to the flag. A.2 PRESENTATION OF BOARD APPLICATIONS. Mr. Anthony Venturi of GNB Technologies, 1880 Valley View Lane, presented his application to the City Council for the Valwood Improvement Authority Board. A.3 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a twenty year employee service award to Donnie Davis of the Fire Department. Mayor Phelps presented a twenty-five year employee service award to Doug Redmon of the Fire Department. A.4 EMPLOYEE RETIREMENT Mayor Phelps honored and recognized James Pearson of the Fire Department upon his retirement after 21 years of dedicated service. Mayor Phelps also presented Mr. Pearson with a plaque. A.5 EMPLOYEE RETIREMENT Mayor Phelps honored and recognized Jackie Hansen of the Fire Department upon her retirement after 26 years of dedicated service. Mayor Phelps also presented Mrs. Hansen with a plaque and a certificate for an engraved pavestone to be placed in front of City Hall. A.6 EMPLOYEE RETIREMENT Mayor Phelps honored and recognized Domingo Romero of the Public Works Department upon his retirement after 27 years of dedicated service. Mayor Phelps also presented Mr. Romero with a plaque and an certificate for an engraved pavestone to be placed in front of City Hall. A.7 EMPLOYEE RETIREMENT Mayor Phelps honored and recognized Sue Grant of the Parks and Recreation Volume 73, page 137 Department upon her retirement after 27 years of dedicated service. Mayor Phelps also presented Mrs. Grant with a plaque and a certificate for an engraved pavestone to be placed in front of City Hall. A.8 REPORT ON STUDY SESSION ITEMS. Mayor Phelps gave a brief summary of the items discussed in the Study Session held prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1. Mayor Phelps 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. B.1 WITHDRAWN Mayor Phelps stated there were no items under the Consent Agenda. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status of various projects and activities in the City. C.2 PUBLIC HEARING: CONSIDER REQUEST BY FROST NATIONAL BANK FOR FINAL PLAT APPROVAL OF SUNBECK PLACE ADDITION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Frost National Bank, as trustees of the Martha M. Todd and Paul U. Todd life insurance trust, is requesting to replat Tracts 2 and 3 of Block "B" in the Sunbeck Circle Addition. The property is being replatted to create four lots from the two lots located at 2926 and 2940 Sunbeck Circle. The four new lots will be 110 feet in width and 200 feet in depth each. The proposed lots meet or exceed the zoning requirements for width, depth, front yard setback, and total acreage for the R2 Zoning District. A 10-foot easement for utilities in the back of the property will be replatted as a 15-foot drainage and utility easement to meet current subdivision standards. Volume 73, page 138 Ordinance No. 1430 and State Law require a public hearing be held when replatting residential property. Notice has been given to all property owners within the subdivision as well as a public notice published in the newspaper. A Public Hearing was held by the Planning and Zoning Commission on February 10. There have been no objections to the replat. The Planning and Zoning Commission unanimously recommended this Final Plat for approval. Mayor Phelps opened the public hearing. There being no comments, a motion by Mayor Pro Tem Moses, a second by Councilman Bird, all voting "aye", closed the public hearing. Mayor Phelps stated he attended the Planning and Zoning meeting when this item was heard. Mayor Phelps stated the request was discussed and everyone present seemed to be in favor of the request. A motion by Mayor Pro Tern Moses, a second by Councilman Pyle, all voting "aye", approved the final plat. C.3 PUBLIC HEARING: CONSIDER REQUEST OF MIS RESOURCES, INC. TO CHANGE THE ZONING CLASSIFICATION OF A TRACT OF LAND AT 14185 NORTH DALLAS PARKWAY (LOUIS DEL HOMME'S MARINA) FROM LIGHT INDUSTRIAL (LI) TO A PLANNED DEVELOPMENT (PD) ALLOWING HIGH DENSITY OFFICE USES AND APPROVE AN ASSOCIATED SITE PLAN AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The subject property is a 2.349 acre parcel located at the southwest corner of Spring Valley Road and Dallas North Parkway. The site is currently occupied by the Louis Del Homme's Marina, a boat sales dealership. The proposed zoning change would allow the existing use to continue until the property is redeveloped. With the commencement of redevelopment, all Light Industrial uses would be eliminated and principal use of the property will be limited primarily to office development and ancillary uses. The proposed site plan would allow for the erection of a 15-story office tower and a parking garage having two levels underground and eight above grade. The proposed zoning change and associated site plan are generally consistent with the objectives of the Comprehensive Plan and are compatible with the existing Providence Towers high rise office development at the northwest Volume 73, page 139 corner of Spring Valley Road and Dallas North Parkway. The Planning and Zoning Commission, by unanimous vote, recommends proposed Ordinance No. 2300 be adopted which changes the zoning of the 2.349 acre tract at 14185 Dallas North Parkway from Light Industrial to a planned development district allowing high rise office uses and approves an associated site plan for a 15-story office tower. Mayor Phelps opened the public hearing. Mr. Mark Small, MJS Resources, was available for questions and presented a rendering of the building for the Council to review. A motion by Councilman Pyle, a second by Mayor Pro Tern Moses, all voting "aye", closed the public hearing. Councilman Bird complimented the project and stated it would be an asset to the City. There being no further discussion, a motion by Councilman Pyle, a second by Councilman Bird, all voting "aye", adopted the following captioned Ordinance No. 2300 changing the zoning of the 2.349 acre tract at 14185 Dallas North Parkway from Light Industrial to a planned development district allowing high rise office uses and approved an associated site plan for a 15-story office tower. 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 DISTRICT CLASSIFICATION OF THE TRACT OF LAND LOCATED AT THE SOUTHWEST CORNER OF SPRING VALLEY ROAD AND DALLAS NORTH PARKWAY FROM LIGHT INDUSTRIAL (LI) TO PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 75 (PD-75) ALLOWING HIGH DENSITY OFFICE DEVELOPMENT AND ANCILLARY USES; ESTABLISHING DEVELOPMENT STANDARDS FOR THE PD-75 ZONING DISTRICT; APPROVING AN ASSOCIATED SITE PLAN; 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. C.4 PUBLIC HEARING: CONSIDER REQUEST OF GRADY W. KROMER TO CHANGE THE ZONING CLASSIFICATION OF A TRACT OF LAND LOCATED Volume 73, page 140 AT 4050 VALLEY VIEW LANE (QUEBEC HOUSE APARTMENTS) FROM MULTI-FAMILY 2 (MF-2) TO OFFICE (O) AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Mr. Louis Nichols, the attorney representing the Quebec House Apartments, has submitted a letter withdrawing the request for a zoning change. The City Staff recommends the request for withdrawal be accepted without prejudice and no further action be taken regarding this request. A motion by Mayor Pro Tern Moses, a second by Councilman Grubbs, all voting "aye", accepted the withdrawal of the zoning change without prejudice. C.5 PUBLIC HEARING: CONSIDER REQUEST OF GRADY W. KROMER FOR A SPECIFIC USE PERMIT TO ALLOW A RESIDENCE HOTEL AT THE QUEBEC HOUSE APARTMENTS LOCATED AT 4050 VALLEY VIEW LANE WITHIN THE OFFICE (O) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Mr. Louis Nichols, the attorney representing the Quebec House Apartments, has submitted a letter withdrawing the specific use permit request. The City Staff recommends that the request for withdrawal be accepted without prejudice and no further action be taken regarding this request. A motion by Councilman Pyle, a second by Mayor Pro Tem Moses, all voting "aye", accepted the withdrawal of the Specific Use Permit (SUP) without prejudice. C.6 PUBLIC HEARING: AMENDMENTS TO THE 1996-97 OPERATING BUDGET. Mayor Phelps presented the following information for consideration. A public hearing is being conducted to consider amendments to the 1996-97 operating budget. These amendments include $575,200 for the recently declared dividend and associated costs, $55,000 for the IDRA school district boundary study, and $75,000 for high-tech visual equipment for the Fire and Police Departments. Mayor Phelps opened the public hearing. There being no comments from the public, a motion by Councilman Grubbs, a second by Councilman Pyle, all voting "aye", closed the public hearing. Volume 73, page 141 D.1 CONSIDER ADOPTING ORDINANCE NO. 2299 TO AMEND THE CITY'S 1996-97 FISCAL YEAR OPERATING BUDGET, DIRECT THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The preceding public hearing was conducted to consider amendments to the 1996- 97 operating budget. These amendments include $575,200 for the recently declared dividend and associated costs, $55,000 for the IDRA school district boundary study and related expenses, and $75,000 for high-tech visual equipment for the Police and Fire Departments. This ordinance amends the 1996-97 operating budget to reflect these budget changes. City staff recommends the adoption of Ordinance No. 2299 to amend the City's 1996-97 operating budget. There being no further discussion, a motion by Councilman Pyle, a second by Councilman Bird, all voting "aye", adopted the following captioned Ordinance No. 2299 to amend the City's 1996-97 operating budget. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, TO AMEND THE CITY'S 1996-97 FISCAL YEAR OPERATING BUDGET AND DIRECT THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. D.2 CONSIDER RESOLUTION NO. 97-024 AUTHORIZING THE PURCHASE OF THERMAL IMAGING CAMERAS FOR THE FIRE DEPARTMENT FROM CAIRNS & BROTHERS, INC., AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Thermal imaging technology has recently been adopted for use by Fire Departments. This technology can allow fire fighters to see through extremely smoky conditions to locate fire victims and hot spots inside walls that are difficult to locate. The Fire Department has reviewed these devices and has determined they are performing effectively for other Fire Departments. There is only one type of thermal imaging camera that is mounted on helmets and designed for hands-free use for fire fighters. This unit is the IRIS system manufactured by Cairns and Brothers, Inc. They are the sole source for the IRIS thermal imaging camera. Cairns and Brothers, Inc, has submitted a written quote of $50,000.00 for two Volume 73, page 142 IRIS cameras. One camera will be kept at each fire station on a fire engine. Funding for this purchase is provided for in the 1996-97 amended budget, another item on this agenda. The Fire Chief recommends the adoption of Resolution No. 97-024 authorizing the purchase of two Cairns IRIS thermal imaging cameras in the amount of $50,000.00. Mayor Phelps asked Chief King if the IRIS cameras were the ones displayed at the NLC Conference. Chief King replied yes and further explained how the cameras would be beneficial to the department. Chief King also gave an example of a recent incident at a paper warehouse where its use would have been advantageous. There being no further discussion a motion by Councilman Pyle, a second by Mayor Pro Tern Moses, all voting "aye", adopted Resolution No. 97-024 authorizing the purchase of two Cairns IRIS thermal imaging cameras in the amount of $50,000.00. D.3 CONSIDER ADOPTING RESOLUTION NO. 97-019 AUTHORIZING THE PURCHASE OF AUTOMATED VEHICLE IDENTIFICATION EQUIPMENT FROM AMTECH SYSTEMS CORPORATION FOR THE INCIDENT DETECTION AND RESPONSE PROJECT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The Incident Detection and Response Project is funded in the amount of $320,000. One component of the project is the use of automated vehicle identification equipment to continuously monitor travel time along Valley View Lane from Alpha Road to IH35E. The equipment will read existing toll-tags issued for use on the Dallas North Tollway and provide travel time information useful to City staff in monitoring and improving traffic flow. City staff has received a written quote from Amtech Systems Corporation for the necessary automated vehicle identification equipment in an amount of $48,993. Only Amtech equipment is capable of detecting and reading Amtech toll-tags. Therefore, a sole source purchase is required if the project is to proceed. The Traffic Engineer and the City Engineer recommend adoption of Resolution No. 97-019 approving the purchase of automated vehicle identification Volume 73, page 143 equipment from Amtech Systems Corporation as a sole source in the amount of $48,993. Mayor Phelps stated the purchase would be funded by the Texas Department of Transportation and the DART Local Assistance Fund rather than from the City's general fund. There being no further discussion, a motion by Councilman Bird, a second by Councilman Grubbs, all voting "aye", adopted Resolution No. 97-019 approving the purchase of automated vehicle identification equipment from Amtech Systems Corporation as a sole source in the amount of $48,993. D.4 CONSIDER ADOPTING RESOLUTION NO. 97-023 AWARDING THE BID FOR CONSTRUCTION OF THE CAMELOT LANDFILL SUBTITLE D CELL TO T.J. LAMBRECHT CONSTRUCTION COMPANY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The construction of the Camelot Landfill Subtitle D Cell is budgeted in the 1996- 1997 Non-Bond Capital Improvement Program in the amount of $1,200,000.00. The construction of the cell will consist of excavation of approximately 328,000 cubic yards of Eagle Ford shale to an average depth of 25 feet, followed by the installation of a liner and a leachate collection and recovery system. All work will be done in accordance with state regulations. Six bids were received and opened on January 29, 1997. All bids met specifications, the lowest bidder was T.J. Lambrecht Construction Company submitting a bid of $1,420,351.00 with a contract time of 120 calendar days. T.J. Lambrecht Construction Company has adequate qualifications and references for similar work. The additional funds are available in the Non-Bond Capital Improvement Program contingencies. A change order related to this item is on this agenda. Staff and the City's Engineering Consultant recommends adopting Resolution No. 97-023 awarding the bid to T.J. Lambrecht Construction Company for the construction of Camelot Landfill Subtitle D Cell. There be no further discussion a motion by Councilman Grubbs, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 97-023 awarding the bid to T.J. Lambrecht Construction Company for the construction of Camelot Landfill Subtitle D Cell. D.5 CONSIDER ADOPTING RESOLUTION NO. 97-026 APPROVING A CHANGE ORDER TO A CONTRACT WITH T.J. LAMBRECHT CONSTRUCTION Volume 73, page 144 RELATIVE TO THE CAMELOT LANDFILL SUBTITLE D CELL AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. A previous item on this agenda, if approved by the City Council, awarded a bid to T.J. Lambrecht Construction Company for $1,420,351.00 to construct a Subtitle D Cell at the Camelot Landfill. In an effort to reduce the amount of the contract, the consulting engineer proposed a modification to the leachate collection system. The modification will not affect the performance of the original design. The modification will reduce the contract to T.J. Lambrecht Company by $50,351.00 reducing the total amount to $1,370,000.00 if the change order is approved by City Council. A portion of the contract, in an amount of $170,000.00, will be funded from contingencies in the Non-Bond Capital Improvement Program. The Director of Public Works recommends adoption of Resolution No. 97-026 approving a change order to a contract with T.J. Lambrecht Construction Company. There being no further discussions, a motion by Mayor Pro Tem Moses, a second by Councilman Bird, all voting "aye", adopted Resolution No. 97-026 approving a change order to a contract with T.J. Lambrecht Construction Company. D.6 CONSIDER ADOPTING RESOLUTION NO. 97-025 REJECTING BIDS FOR REPAIR OF CITY HALL ROOF AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The City Hall roof sustained major damage during a wind storm on June 1, 1996. On January 17, 1997 two roof repair bids meeting specifications were submitted and opened. However, several problems were experienced in this bid process. One problem was an error in the bid submitted by the low bidder; the numbers for the base bid and the alternate bid were transposed. In addition, the day the mandatory pre-bid meeting was held, inclement weather prevented at least two bidders from attending the meeting. Staff recommends that all bids be rejected due to irregularities associated with this bid and that the project be readvertised and rebid. The Parks and Recreation Director recommends adopting Resolution No. 97- 025 rejecting bids for repair of the City Hall roof. There being no further comments, a motion by Councilman Grubbs, a second Volume 73, page 145 by Councilman Pyle, all voting "aye", adopted Resolution No. 97-025 rejecting bids for repair of the City Hall roof. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mr. Escalante suggested the City Council authorize travel for the Mayor and members of the City Council to travel to Austin during the legislative session. A motion by Mayor Pro Tern Moses, a second by Councilman Pyle, all voting "aye", approved travel for the Mayor, City Councilmembers and Mr. Escalante to travel to Austin during the legislative session. Mr. Escalante stated he will be attending a TCMA Board meeting in New Braunfels later this week. D.8 CITIZEN PARTICIPATION. Mr. Dick Calvert was present to provide the City Council with the status of locating a facility for the Carrollton/Farmers Branch Boys and Girls Club. Mr. Calvert stated Farmers Branch had previously indicated their desire to locate the site no farther north than Beltline Road, and the Carrollton City Council had expressed their desire to locate the facility no farther south than Valwood, a site along a bus route was also preferred. Mr. Calvert stated they had been in contact with representatives of the old Tom Thumb facility on Josey, the health club facility on Josey, the school district, churches, and the former Braums site, but with no success. Mr. Calvert stated that this week, Ms. Judy Scamardo, of the Carrollton City Council had suggested the Thomas family homestead on Denton Drive north of Beltline, now owned by the City of Carrollton. Mr. Calvert stated the facility has 4 1/2 acres, approximately 5,000 square feet including the basement, and a swimming pool making it a desirous location for the Boys and Girls Club; however, it is not located on a bus line and it is north of Beltline Road. Mr. Calvert stated the Carrollton City Council was excited about this possibility. Mayor Phelps requested this item be placed on the next Council Agenda. There were no other persons present to address the City Council. L MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. STUDY SESSION. MAYOR PHELPS RECESSED THE EXECUTIVE SESSION AT 7:35 P.M. FOR THE REGULAR GENERAL SESSION. THE DISCUSSION BEGAN AT 6:47 P.M. AND Volume 73, page 146 CONCLUDED AT 7:35 P.M. FOR THE REGULAR GENERAL SESSION AND RECONVENED INTO EXECUTIVE SESSION AGAIN AT 8:50 P.M. AND CONCLUDED AT 9:40 P.M. 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.1 a DISCUSS PERSONNEL MATTERS -TEXAS GOVERNMENT CODE SECTION 551.074 DISCUSS APPOINTMENT TO THE VALWOOD IMPROVEMENT AUTHORITY. Mayor Phelps and members of the City Council discussed appointment to the Valwood Improvement Authority. E.1b DISCUSS LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS LAND ACQUISITION IN OLD FARMERS BRANCH. 2. DISCUSS ACQUISITION OF PROPERTY ADJACENT TO CITY PROPERTY ON EITHER SIDE OF KEENAN BRIDGE ROAD. City Manager Richard Escalante gave a report on possible land acquisition at various locations. E.1c DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. DISCUSS POTENTIAL LITIGATION RELATED TO THE CARROLLTON- FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT ATTENDANCE ZONE ISSUE. City Attorney John Boyle presented information on the attendance zone issue. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported the appointment to the Valwood Improvement Authority has been postponed until the March 3, 1997, City Council meeting. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported City staff updated the City Council on land acquisition in Volume 73, page 147 Old Farmers Branch and Keenan Bridge Road. Mayor Phelps stated no action was necessary. E.4 CONSIDER NECESSARY ACTION ON PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps read the following statement into the record pertaining to the school issue: "The City Council reviewed the pleadings prepared by legal counsel. The City Attorney was instructed to delay filing the suit pending a mutually satisfactory resolution on or before February 27, 1997. The City Attorney was instructed to contact the School Attorney to discuss an outline for possible resolution of the issue". F.1 ADJOURNMENT. A motion by Councilman Pyle, a second by Mayor Pro Tern Moses, all voting "aye", adjourned the City Council meeting of February 17,1997, at 9:42 p.m. i Volume 73, page 148 City Secretary