Loading...
2000-06-05 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JUNE 5, 2000 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Bob Phelps Bill Moses Jim Robbs Calla Davis Charlie Bird Paul Walden The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager Assistant to City Manager Assistant to City Manager City Attorney City Secretary Communication Director Economic Development Director Director of Community Services Director of Planning City Engineer Director of Finance Director of Parks & Recreation Director of Equipment Services Library Director Police Chief Fire Chief Director of Public Works Traffic Engineer Recording Secretary Richard L. Escalante Linda Groomer John Burke Margaret Somereve John Roach John Boyle Cindee Peters Tom Bryson Norma Nichols Michael Spicer Kaizer Rangwala Jerry Murawski Charles Cox Jeff Fuller Don Moore Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux Dave Davis Suzanne Reynolds Mayor Phelps called the City Council Meeting of June 5, 2000 to order at 7:30 P.M. The meeting was televised. Volume 84, page 1 A.1 INVOCATION. Father Luis Sarna of Mary Immaculate Catholic Church gave the invocation and Mayor Pro Tern Moses led the pledge of allegiance to the flag. A.2 PROCLAIM JEANNE GRUBEN AS AN HONORARY, PERMANENT CITIZEN OF THE CITY OF FARMERS BRANCH, TEXAS. Mayor Phelps read and presented a proclamation to Jeanne Gruben and proclaimed her as an honorary permanent citizen of the City of Farmers Branch Texas. A.3 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a 10-year employee service award to Bryan Lafleur, Fire Department. A.4 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.5 REPORT ON STUDY SESSION ITEMS. Mayor Phelps gave a brief summary of the items discussed in Study Session prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.S. Mayor Phelps stated 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 Tern Moses, seconded by Councilman Robbs, all voting "aye," approved the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MAY 15, 2000. B.2 APPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 16, 2000. Volume 84, page 2 B.3 ADOPTED RESOLUTION NO. 2000-098 APPROVING JOINT PURCHASING AGREEMENT WITH THE STATE OF TEXAS GENERAL SERVICES COMMISSION. B.4 ADOPTED RESOLUTION NO. 2000-095 AWARDING THE BID FOR CONCRETE PAVEMENT SECTION REPAIRS AT VARIOUS LOCATIONS TO KEN-DO CONTRACTING. B.5 ADOPTED RESOLUTION NO. 2000-099 AWARDING THE BID FOR ONE REPLACEMENT 16-FOOT-CUT ROTARY MOWER. E.1 b DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE CHAPTER 551. 1. CONSULTATION WITH ATTORNEY TEXAS GOVERNMENT CODE SECTION 551.071 RELATIVE TO CONTEMPLATED LITIGATION WITH THE CARROLLTON/FARMERS BRANCH ISD AND CONSIDERATION OF POSSIBLE REAL ESTATE TRANSACTION WITH SAID CARROLLTON/FARMERS BRANCH ISD RELATIVE TO ACQUISITION OF A SCHOOL SITE IN FARMERS BRANCH, TEXAS GOVERNMENT CODE SECTION 551.072. Mayor Phelps stated this Executive Session item would be heard at this time. Mr. John Tepper, President of the Carrollton-Farmers Branch ISD Board of Trustees, was present on behalf of the Board of Trustees. He stated in a recent publication of the City's "Branch Review" it was reported that the Carrollton-Farmers Branch Independent School District was not interested in exchanging district property for City property. He stated the school district is ready and willing to exchange school property to obtain an elementary school site that best meets the needs of the students. Mr. Tepper stated the district asked staff and SHW Architects to develop scenarios for locating a school in Farmers Branch based on the willingness to exchange property. He introduced Terry Hoyle, principal of SHW Architects Firm in Farmers Branch and distributed packages to the City Council. Mr. Tepper presented a proposal that would enable the school district to reduce overcrowding problems in the southern part of the district and address the City's desire to have a new state-of-the-art elementary school constructed in Farmers Branch. He stated the district proposes to trade property for comparable acreage at Farmers Branch Park located at Dennis Lane adjacent to the new Farmers Branch Senior Center for construction of a Kindergarten through 5th grade elementary school. This school site would serve students currently served by Farmers Branch Elementary, Montgomery and Central Elementary. He stated the district knows how much the City values its parkland and for Volume 84, page 3 this site the district would consider trading three school district properties adjacent to existing City parks. He stated it is the district's intention to trade comparable amounts of acreage. He exhibited several drawings of the schools currently under construction. He stated with design reuse and timely resolution of the site by mid-August 2000, it would be possible to complete the new school by the end of December 2001. He further stated design reuse would allow dollars to be spent on bricks and mortar instead of design fees. Mr. Tepper stated the School Board of Trustees believes this proposal would meet all the educational requirements as well as locate a school within the City of Farmers Branch. He stated each member of the school board of trustees was present in support of the proposal. Further, he stated that SHW Architects Firm has completed 3,500 school projects nationwide. Mayor Phelps stated that he was of the opinion that there were three or four options available and asked if this was the only option being presented by the board. Mr. Tepper replied the board met last week with staff and the architect and discussed several options. He stated that after discussing the options it became obvious this site was the best option, because it is not building onto an existing campus, it would be a K-5 elementary school, and it would utilize an exiting design that will fit well on the site with more money spent on bricks and mortar than on design. The school district is presenting this as the best proposal. Mr. John Boyle, City Attorney, asked Mr. Tepper if the proposal delineated the properties that the district is proposing to trade for the City's park property. Mr. Tepper replied that while not yet platted out, the proposal includes the property on Valley View Lane where the "Living Material Center" is located, the property adjacent to Cox Park between Cox Park and Farmers Branch Elementary, and the property on the north side of Montgomery Elementary. Mr. Boyle asked if it would be for a comparable amount of property. Mr. Tepper replied yes, that it would be. Councilwoman Davis stated if this solution were to work out, and in the future Farmers Branch Elementary needed to be expanded, the only place to expand would be on park land. She asked Mr. Tepper if that was correct. Volume 84, page 4 Mr. Tepper replied the intent of the new school was to relieve Farmers Branch Elementary. If in the transfer of the property, the school district would have to expand somewhere else; there would be adequate room at the new school site to expand this school. He also stated there was other property not adjacent to the city park property in the southern part of the district where the district could build in the future. Councilwoman Davis asked where. Mr. Tepper replied on Fyke Road. This does not deplete the inventory of available property, and having a full school on an adequate site gives the district a lot of flexibility on zoning. Mr. John Wells, 13521 Heartside Place, asked if an elementary school would be compatible with the Senior Center. Dr. Annette Griffin, Superintendent of the Carrollton-Farmers Branch Independent School District, stated that she has seen senior centers and schools create incredible partnerships throughout the state. Through mentoring and tutoring this could be a win-win situation for the children and the seniors. Mr. Bill Glancy, 3808 Wooded Creek Drive, stated the Farmers Branch Park site was originally zoned for single-family, and a developer proposed to rezone it for multi-family dwellings. The citizens adjacent to the property objected, got a petition together, and petitioned the City to purchase the property for parkland, which the City did. He asked Mr. Boyle if there would be some legal ramifications for using the property for purposes other than a park. Mr. Boyle stated he recalled the history of the property purchase. He stated there are certain procedures that the City would have to go through to convey the property, and those have been looked at. Councilman Walden asked Mr. Boyle to elaborate on the procedures as to findings by the Council that are necessary to facilitate this transfer. Mr. Boyle stated that under state law, any sale of park property requires an election and competitive bidding. He stated when one public entity like the City and another one like the school district are dealing with each other, both have the power of eminent domain. Some of the requirements for conveyance are not applicable, and do not require an election or competitive bidding. He stated that under the Parks and Wildlife Code it is necessary to have a public hearing to convey the property to another entity. After the public hearing, it is necessary for the City Council and to conclude that there is no feasible and prudent alternative. If taking less than the whole, they must make a determination as to whether the balance has been properly taken care Volume 84, page 5 of. Under the Texas Local Government Code there is no requirement for taking competitive bids, but the City must obtain fair market value for the property pursuant to an appraisal. Councilman Walden asked Mr. Boyle for clarification that one of the things the City has to decide is that the district does not have any other alternative for locating the school. There are no other legal or viable means at their disposal as a governmental entity to require the proper land in its place situated in proximity to the children to properly serve the City's area of the district. Mr. Boyle replied the statute says that if there is a finding after the public hearing by the City Council that "there are no feasible and prudent alternatives," that is the Council's call. Mr. George Grimmer, 3040 Eric Lane, referred to his letter in the Metrocrest News. He stated if the athletic facilities are not upset, this looks like one of the best solutions available. He asked the City Council and the school board to work together to resolve the problem. Mr. David Merritt, 2924 Amber Lane, stated he attended the school board's work session when this plan was being discussed, and it was determined that this was the only option. He also stated that he thinks this would upset the athletic fields and the recreation center as well as the fields at Cox Park, and Montgomery Elementary currently being used as parks and fields. Mr. Merritt asked the school board about the funding available for land acquisition. He recommended that the City and school district explore other alternatives, and that the school district present the other alternatives so an agreeable solution can be obtained. Mr. Tepper responded that with the property exchange, the City would not have to worry about the future use of the property at Montgomery Elementary and Cox Park. Also, the Valley View property would be much more difficult to use for school purposes due to the way the property was deeded. He also stated that the City would not lose all the playing fields at the proposed site. He stated that because the district would be building a K-5 grade school the budgeted money would allow for a better facility than a K-2 or 3-5 at an existing school. Further, he stated the district believes this would be the best solution for the students they are trying to serve. A K-5 at Montgomery and Farmers Branch Elementary would eliminate fields at those sites. Councilwoman Davis asked if the students at Vivian Field and Montgomery Elementary use the playing fields as well as the City. Volume 84, page 6 Mr. Tepper replied yes and knows the City and school district would have to enter into a joint use agreement. Improvements underway at Vivian Field would eliminate some of the need to use the Cox site. Mayor Phelps commented that the City and school district have always worked well together using each other's property. Mr. Escalante asked if the Valley View site did not create additional legal obstacles, would this site still be a viable alternative. Mr. Tepper replied it is not as near to where most of the students are. The Valwood/Josey area would be much more attractive and would not require moving as many students. Dr. Griffin stated this has been a difficult decision, and the City and school district will each have to compromise in order to get a school the City would be proud of. She stated that this alternative is the district's best shot to build a school in Farmers Branch. She added that the district has alternatives but not as good as this one. Ms. Shirley Call, 2832 Bay Meadow Circle, asked if there was a land swap, how much would it actually cost to build the school. Dr. Griffin stated approximately $8 million. Ms. Call asked what would happen to the remaining $1.5 million, and if it would it be used to upgrade existing facilities at other schools. Dr. Griffin stated the bond issue included money to improve Central Elementary and Farmers Branch Elementary. Ms. Call asked the school district to publicly state what is meant by "long-term solution for overcrowding." Mr. Mark Hyatt, Assistant Superintendent for Support Services, stated long-range enrollment needs are hard to determine. He stated a new elementary school in the south would present an opportunity for renovation at some of the other schools, which would allow additional capacity. He also felt that the next area to be analyzed would be in the far eastern part of the district. He stated that 5 to 10 years would be very handable with this site based on where the growth is. He also stated there has been a site identified west of 1-35, and with the help of the City and TIF revenues, the property can be obtained and future growth in that area can be handled. Mr. Walden asked Mr. Hyatt what the district envisions the number of Farmers Branch versus Carrollton children attending the new school on Volume 84, page 7 the Farmers Branch Park site would be. He asked if the district had any idea of how the boundaries would go. Mr. Hyatt stated he is hesitant to commit to boundaries at this early stage but he believes it would be half Carrollton and half Farmers Branch students. He stated Central Elementary in Carrollton is the most overcrowded school in the district, and all of the students are from Carrollton. He thinks about 250 Carrollton students would be attending the new school, and the balance of the students would come from Farmers Branch schools because of the overcrowding at Central Elementary. Councilman Walden asked Parks & Recreation Director Jeff Fuller to speak on the impact of the City's current recreational facilities and athletic leagues, with what Mr. Tepper has suggested informally Oran Good Park, offering a little bit of Gussie, and Montgomery Park. He asked Mr. Fuller from a pure park usage perspective, what he saw as the impact. Mr. Fuller stated Farmers Branch Park is a vital part of the neighborhood and community as a whole. He stated that Farmers Branch Park is used by Farmers Branch leagues for soccer, football, baseball, adult leagues practice fields, and serves as a site for the City's hotel-motel tournaments. He stated the most critical part is the use of the park by the residents. Lastly, the loss of the 14-acre park land site would significantly lower the amount of park acreage per capita, as recommended by the National Recreational Park Association. Mr. Fuller stated he could not in good conscious recommend displacement of this park. Mr. Tepper stated the land swap would be comparable acreage so there would still be parkland available there. Also, the school's recreational facilities would be available to citizens at other hours of the day. Mayor Phelps asked where the difference in acreage would come from. Mr. Tepper responded it would have to be platted out. Councilman Walden asked what portion of the 14 acres the footprint of the building would take up. Mr. Terry Hoyle, partner SHW Group, 4000 McEwen Road North, stated that the footprint would be about 6 acres, 8 at the most, but could be reduced to approximately 6 acres or less on the 14-acre site. He reviewed his analysis of the proposed site and stated, from a design standpoint, this was the best alternative for the school. Volume 84, page 8 Councilman Walden asked Mr. Hoyle what his criteria and his paradigm had been when looking around Farmers Branch for a site. He asked whether he considered all sites and improvements, if any, or if he was strictly constrained to open space. Mr. Hoyle stated when he drove the City he was looking for the least impact to people, the least cost for development, the easiest site to build on, including infrastructure, site work, and safety and traffic circulation. Mr. Escalante stated the Council's burden is they have to conclude that there is no feasible and prudent alternative. He asked Mr. Hoyle if he had laid out how many football or baseball fields could be on the remainder of the property. He asked if the safety issue was addressed. Mr. Hoyle replied the four-foot fence should be replaced with a six-foot fence and he believes the site is adequately open. He also stated he does not have a concern with safety. Mr. Escalante asked if children playing in the back area of the site were a concern. Mr. Hoyle replied no, and the six-foot fence would limit access to children on the fields. He stated the post office and other surrounding businesses and activities have people coming and going into the area, and the fields would be used extensively. Mr. Escalante asked if people from Kroger could see the backfield. Mr. Hoyle replied he thinks there are always people around. Ms. Kathleen Matsumura, 3938 Clubway, asked Mr. Hoyle if it would be possible to produce a virtual reality sketch. Mr. Hoyle replied yes, there are computer designs or sketches available. Ms. Matsumura stated she lives in the Dallas Independent School District and at the school at the corner of Rosser and Calculus, the fields are always being used for soccer or other sports activities. She stated this appeared to be a wonderful solution, and the first concern should be the education of the children, and second should be sports. Mr. Mark Gregory, 2970 Cameo, stated he had an opportunity to talk with the school district last week. He stated, as president of Montgomery Elementary PTA and a soccer coach, he feels this site would relieve the overcrowding at the school. He also stated that there is not a great safety concern at this site; this site would be a very good Volume 84, page 9 solution as long as the acreage exchange between the school district and the City is equal. Councilman Walden asked the City Attorney for clarification as to what the criteria or standard is in order to give up the parkland. Mr. Boyle stated that under the Parks and Recreation Code, it is necessary after a public hearing that there is no other prudent and feasible alternative. Mr. Boyle stated it is Council's judgement call. Councilman Walden asked Mr. Tepper why the district is coming to the City to acquire public land acres. He asked about acquiring another site of 10 acres or 8 acres or 6 acres somewhere else, and arguably a more optimum site than right here, as opposed to taking the City's park land. He asked if there was a board policy against this. Mr. Tepper said the district believes this is the best site regardless of where it is located. It will serve a student population that needs to be served. He stated it is the only open land in that area, and the Kroger land is not feasible within the district budget. Councilman Walden asked what the district's position would be if there were 17 houses on this property. Mr. Tepper stated the district probably would not have a position there; they would seek property elsewhere. Councilman Walden asked for clarification, if commercial property is too expensive, and residential property is sacred ground, then what is left. Mr. Tepper replied open land. Mr. Walden commented to Mr. Tepper that what he understood him to say was that if there were 17 houses on that property, the district would look somewhere else. Mr. Tepper replied that is what the board voted on several months ago. Councilman Walden stated the district is interested because there are no houses on the property. So, for now, and in the future, his understanding of the board's policy is the only land that the district would look at would be open land, which in this case would be parkland. Mr. Tepper stated the district has made no policy in that regard. Councilman Walden asked if it was a de facto policy. Volume 84, page 10 Mr. Tepper replied no, the school board decided that there is another alternative, and that is the Burning Tree site. The district is continuing to pursue this site and the board feels Farmers Branch Park is a better site than Burning Tree or the site where the 17 houses are. Ms. Lynn Chaffin, Carrollton-Farmers Branch Board of Trustees, 1708 Paxton, Carrollton, stated the district does not have a policy, not a de facto policy or a formal policy. The board chose previously not to condemn homes if there are other alternatives. She stated the benefits of this site are timing, availability of space, a state-of-the-art school, and having the school on the ground by 2002. She stated it is the best use of tax dollars and the best timing for students and citizens of Farmers Branch. Mr. Tepper stated the district looked at this alternative because of the misunderstanding that the district was not willing to exchange property. This is why the district took a look at this one more time. They have always recognized this area near Valwood and Josey as being the optimum area to serve students. It is because the district has land that is currently used as a park that they are willing to exchange. This is why they wanted to bring the proposal to the Council. Mr. Larry Koff, 2707 Leta Mae Circle, stated he understood that the City does not want to continue losing parkland. Mr. Koff offered an option that the school district use funds that were earmarked for land acquisition to purchase and develop another park facility somewhere else in Farmers Branch. Councilman Bird asked Mr. Tepper if the district owned the property where 17 houses are located, would they build a school. Mr. Tepper replied they still prefer this site. Councilman Bird asked Mr. Tepper if the district did not have the Farmers Branch Park site, and they owned the property where the 17 houses are, would they build a school. Mr. Tepper replied they would consider it, but he could not speak for the board. Councilman Bird asked Mr. Tepper if the district had considered purchasing the 17 homes. Mr. Tepper replied the board declined purchasing the 17 homes. Councilman Bird stated he is not talking about eminent domain. Mr. Tepper reiterated the board declined purchasing the 17 homes. Volume 84, page 11 Mayor Phelps stated Council would continue meeting in Executive Session and return after the Executive Session. C.1 PUBLIC HEARING: CONSIDER THE REQUEST OF SALTGRASS, INC. FOR A SPECIFIC USE PERMIT TO ALLOW ON-SITE SALES AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN A QUALIFYING RESTAURANT TO BE LOCATED AT 4101 LBJ FREEWAY WITHIN THE PLANNED DEVELOPMENT NUMBER 71 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is seeking approval of a Specific Use Permit to allow on-site sales and consumption of alcoholic beverages for a proposed full service restaurant, Saltgrass Steak House, to be located near the Valley View Lane and Interstate Highway 635 intersection. A site plan for the restaurant was approved in March 2000. The subject property is located in an area of the City that allows for on- site sales and consumption of alcoholic beverages with a specific use permit. The request complies with the requirements established in the City of Farmers Branch Comprehensive Zoning Ordinance, which regulates the on-site sales, and consumption of alcoholic beverages within the City. The Planning and Zoning Commission, by unanimous vote, recommends approval of the petition for a Specific Use Permit, including the associated building floor plan and alcohol awareness program. Mayor Phelps opened the public hearing. Mr. Michael Spicer, Director of Community Services, stated the representative from Saltgrass Steak House had to catch a 9:30 p.m. flight back to Houston and no other representative was present. A motion by Councilman Walden, seconded by Councilwoman Davis, all voting "aye," closed the public hearing. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," adopted the following captioned Ordinance No. 2547 approving the Specific Use Permit for Saltgrass, Inc. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT TO ALLOW ON-SITE SALES AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN A QUALIFYING RESTAURANT Volume 84, page 12 TO BE LOCATED AT 4101 LBJ FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 71 (PD-71) ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF WILLIAM DAHLSTROM ON BEHALF OF DALLAS SEMICONDUCTOR TO REZONE AN APPROXIMATE 40 ACRE TRACT LOCATED GENERALLY EAST OF MIDWAY ROAD, SOUTH OF BELTWOOD PARKWAY NORTH AND WEST OF GILLIS ROAD, FROM LIGHT INDUSTRIAL ZONING DISTRICT TO PLANNED DEVELOPMENT NO. 83 ZONING DISTRICT, INCLUDING DEVELOPMENT STANDARDS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is requesting approval to rezone the subject property to Planned Development Number 83 zoning district in order to establish development standards more consistent with the existing campus-like conditions and development needs of the subject property. The applicant is proposing to maintain the Light Industrial zoning district, as provided for in the Comprehensive Zoning Ordinance, as the base zoning district for the subject site, with exceptions to building setbacks, signs, outdoor storage, parking, definition of lot as it pertains to floor area ratio, height and site plan approval. The Planning and Zoning Commission, by unanimous vote, recommends approval of the rezoning petition. Mayor Phelps opened the public hearing. Mr. Myron Dornic, 1445 Ross Avenue, Dallas, stated he was present on behalf of the applicant, Dallas Semiconductor. He stated he was pleased to bring this planning case before the Council and believes the project will benefit the community. Mr. Dornic also stated that Mr. Eric Albright with Dallas Semiconductor was present to answer any questions. A motion by Mayor Pro Tern Moses, seconded by Councilwoman Davis, all voting "aye," closed the public hearing. There being no further discussion, a motion by Mayor Pro Tern Moses, seconded by Councilman Bird, all voting "aye," adopted the following captioned Ordinance No. 2548 approving the proposed rezoning petition. 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 Volume 84, page 13 CLASSIFICATION OF AN APPROXIMATE 40-ACRE IRREGULAR TRACT LOCATED GENERALLY EAST OF MIDWAY ROAD, SOUTH OF BELTWOOD PARKWAY NORTH AND WEST OF GILLIS ROAD, FROM LIGHT INDUSTRIAL (LI) ZONING DISTRICT TO PLANNED DEVELOPMENT NO. 83 (PD-83), INCLUDING ESTABLISHING DEVELOPMENT STANDARDS FOR LIGHT INDUSTRIAL USES; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: TO CONSIDER FUNDING PROPOSALS UNDER THE DALLAS COUNTY DEVELOPMENT BLOCK GRANT PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch is eligible to receive $123,957 in Community Development Block Grant funds from Dallas County for the fiscal year beginning October 1, 2000. Projects that are eligible for Community Development Block Grants are those projects that promote low-income home ownership, improve or maintain existing low to moderated income neighborhoods or eliminate community-threatening conditions. Dallas County requires a public hearing before the Council can submit a proposal for the Community Development Block Grant. Funding proposals for the grant must be submitted to Dallas County by Thursday, June 22 at 4:00 p.m. A resolution will be prepared for Council approval subsequent to the public hearing. The resolution will be presented to Council at the special City Council meeting on Monday, June 12. City Staff recommends that a public hearing be held for public input on the use of Community Development Block grants. Mayor Phelps opened the public hearing. There was no one present speaking for or against this item. A motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," closed the public hearing. D.1 CONSIDER ADOPTING RESOLUTION NO. 2000-096 AWARDING THE BID FOR THE STREET RECONSTRUCTION PROJECTS TO JRJ PAVING, INC. AND TAKE APPROPRIATE ACTION. Volume 84, page 14 Mayor Phelps presented the following information. The 1999-2000 Capital Improvement Program Non-Bond Fund Mid-Year amended budget provides a total of $1,660,000 for the 1996-97 and the 1997-98 Street Reconstruction Projects. The projects are for the reconstruction of the following streets: Dixianna Street Marietta Drive Joanna Drive Shadyridge Lane Sunglow Lane Teekskill Place Richland Avenue in its entirety in its entirety Heartside Place to Old North Rd. Ridgeoak Way to Morningstar Lane Ridgeoak Way to Morningstar Lane Candlewick Lane to Valwood Pkwy. Bee Street to McClintock Street The existing asphalt streets will be reconstructed with concrete, along with new sidewalks and drive approaches. In addition, new water mains will be constructed on Dixianna Street, Marietta Drive, Shadyridge Lane, Joanna Drive, Richland Avenue and Teekskill Place. Fourteen contractors picked up the plans and specifications for this project. Nine bids were received and opened on May 16, 2000. The nine bids met specifications. The low bid was received from JRJ Paving, Inc. in the amount of $1,375,398.90. The contract time is 265 calendar days for the entire project. JRJ Paving, Inc. has provided adequate qualifications and references for similar work. The City Engineer recommends adopting Resolution No. 2000-096 awarding the bid for the Street Reconstruction Project to JRJ Paving, Inc. in the amount of $1,375,398.90. There being no discussion, a motion by Councilman Walden, seconded by Mayor Pro Tern Moses, all voting "aye," adopted Resolution No. 2000-096 awarding the bid for the Street Reconstruction Project to JRJ Paving, Inc. in the amount of $1,375,398.90. D.2 CONSIDER ADOPTING RESOLUTION NO. 2000-097 AWARDING BIDS FOR THE ANNUAL SUPPLY OF GASOLINE, DIESEL AND LUBRICANT SUPPLIES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Bid requests for the annual supply of gasoline and diesel fuels and for lubricant supplies were sent to twenty-one vendors. Six vendors submitted bids that were opened on May 17, 2000. The bids received included three bids meeting specifications for gasoline and diesel, and five bids meeting specifications for lubricant supplies. Reeder Distributors, Inc. of Ft. Worth submitted the lowest bid meeting specifications using the Oil Price Index Service average terminal price for diesel and mid-grade gasoline, with no markup. The total mandated delivery fees and taxes are Volume 84, page 15 $46,550.00. The total fuel cost is estimated to be $255,422.00. This total is subject to change based on daily market fluctuations; however, the lowest bid markup will remain constant during the term of the contract. Dial Lubricants, Inc. of Dallas submitted the lowest bid meeting specifications received for the annual supply of lubricants for an estimated amount of $13,078.19. The total estimated annual cost for all products including fees and taxes is $268,500.19. The current operating departments' fuel/lubricants budgets include $291,000.00 for the purchase of gasoline, diesel and lubricant supplies. Staff recommends adopting Resolution No. 2000-097 awarding the bid for the annual supply of gasoline and diesel to Reeder Distributors, Inc. of Ft. Worth for the estimated amount of $255,422.00, and the bid for the annual supply of lubricants to Dial Lubricants, Inc. of Dallas for an estimated amount of $13,078.19. There being no discussion, a motion by Councilman Robbs, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 2000-097 awarding the bid for the annual supply of gasoline and diesel to Reeder Distributors, Inc. of Ft. Worth for the estimated amount of $255,422.00, and the bid for the annual supply of lubricants to Dial Lubricants, Inc. of Dallas for an estimated amount of $13,078.19. D.3 CONSIDER ADOPTING RESOLUTION NO. 2000-094 AWARDING THE BID FOR URETEK PAVEMENT STABILIZATION AT VARIOUS LOCATIONS TO URETEK USA, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In the spring of 1999, Public Works staff discussed a proposal with City Council to advertise a single source bid to raise settled or depressed pavement sections as part of the street section repair program. The proposal was to obtain a bid from Uretek USA, Inc., whom has a patent for pressure injected polyurethane to raise concrete sections that have settled. A bid request for the 1999-2000 Uretek Pavement Stabilization contract was advertised and sent to one vendor. The bid was received and opened on May 16, 2000. The total bid from Uretek USA, Inc., is $426,685.00. Funds in the amount of $419,000.00 are available in the 1999-2000 Public Works budget for this contract. Quantities of work were estimated, and payment will be made on a unit price basis. The total payment amount will not exceed $419,000.00. The Director of Public Works recommends adopting Resolution No. 2000-094. Volume 84, page 16 There being no further discussion, a motion by Councilwoman Davis, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2000-094 awarding the bid for Uretek pavement stabilization at various locations to Uretek USA, Inc. D.4 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Councilwoman Davis stated she received a letter from the Texas Municipal League asking if she would serve on the Committee on General Government. She stated the meeting would be for one day, August 18, 2000, in Austin, Texas. Councilman Bird asked Councilwoman Davis if she was taking a position on the Board. Councilwoman Davis replied, no, it is one of four committees that Texas Municipal League sponsors. There being no further discussion, a motion by Mayor Pro Tern Moses, seconded by Councilman Walden, all voting "aye," approved travel for Councilwoman Davis to attend a one-day committee meeting on August 18, 2000 in Austin, Texas. D.5 CITIZEN PARTICIPATION. Mr. John Wells, 13521 Heartside Place, asked about the contract for the jogging trail on Rawhide Creek. Mayor Phelps asked Mr. Wells to speak with Mark Pavageaux. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:00 P.M. STUDY SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:00 P.M. AND RECESSED AT 7:35 P.M. FOR THE GENERAL SESSION AND RECONVENED INTO EXECUTIVE SESSION AT 9:16 P.M. AND CONCLUDED AT 10:00 P.M. FOR THE GENERAL 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.01 a DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 Volume 84, page 17 1. DISCUSS LAND ACQUISITION OF PROPERTY BOUNDED BY HUTTON DRIVE, SENLAC DRIVE, AND ACADEMY LANE. 2. DISCUSS LAND ACQUISITION OF PROPERTY BOUNDED BY SENLAC DRIVE, VALLEY VIEW LANE, AND NICHOLSON ROAD. 3. DISCUSS LAND ACQUISITION OF PROPERTY BOUNDED BY VALLEY VIEW AND HUTTON DRIVE. 4. DISCUSS SALE OF CITY OWNED PROPERTY ADJACENT TO VALLEY VIEW LANE, DAVIS LANE, AND KEENAN BRIDGE ROAD. 5. DISCUSS LAND ACQUISITION OF PROPERTY AT 2734 VALWOOD PARKWAY. 6. DISCUSS LAND ACQUISITION OR SALE OF PROPERTY IN THE OLD FARMERS BRANCH AREA. Mayor Phelps explained Staff discussed these items with the City Council. E.1 b DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE CHAPTER 551 1. CONSULTATION WITH ATTORNEY TEXAS GOVERNMENT CODE SECTION 551.071 RELATIVE TO CONTEMPLATED LITIGATION WITH THE CARROLLTON/FARMERS BRANCH ISD AND CONSIDERATION OF POSSIBLE REAL ESTATE TRANSACTION WITH SAID CARROLLTON/FARMERS BRANCH ISD RELATIVE TO ACQUISITION OF A SCHOOL SITE IN FARMERS BRANCH, TEXAS GOVERNMENT CODE SECTION 551.072. Mayor Phelps explained Staff discussed this item with the City Council. E.2 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the City Council was updated on land acquisition. Mayor Phelps called for necessary action on executive session items. A motion by Councilwoman Davis, a second by Councilman Walden, all voting "aye", authorized the City Manager to execute a purchase agreement and all related agreements for an amount not to exceed $35,000 with Realty, L.P. for property located at Valwood Parkway and Dennis Lane, 2734 Valwood Parkway, and authorized the City Manager to execute a contract with HBC Engineering to perform site environmental testing, and to file written reports with the Texas Natural Resource Conservation Commission for City participation in the Voluntary Clean-Up Program and the Innocent Owner Program for City property adjacent to and including 2734 Valwood Parkway for an amount not to exceed $25,000. Volume 84, page 18 Councilman Walden stated based on our discussions and our advice from Counsel; the City very much wants a new state-of-the-art school in Farmers Branch. We are very glad to hear the district's willingness to look into that. The dilemma the City Council faces is that the State law requires the Council to make a finding that there is "no feasible and prudent alternatives available" before parkland is traded or sold. The City Council is taking that law and obligation very seriously. I would like to move that the City Council ask the Mayor to work with the President of the School Board, Mr. Tepper, to look into detail any available alternatives that may yet be available so we can make a finding of fact. A motion by Councilman Walden, a second by Councilwoman Davis, all voting "aye", to ask the Mayor to work with the President of the School Board, Mr. Tepper, to look into detail any available alternatives that may yet be available so we can make a finding of fact. F.1 ADJOURNMENT. A motion by Councilman Bird, a second by Mayor Pro Tern Moses, all voting "aye", adjourned the City Council meeting of June 5, 2000, at 10: 4 P. Jayor City Secretary Volume 84, page 19