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1993-11-01 CC Minutes1 CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING NOVEMBER 1, 1993 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Pro Tem Councilmembers Calla Davis Ron Pyle Bill Moses Bob Phelps Nancy Hardie The following member of the City Council was absent: Mayor Dave Blair 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 Finance Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works City Management Assistant Traffic Engineer Recording Secretary Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish Donna Huerta Norma Nichols Tom Scales Michael Spicer Jerry Murawski Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux David Reedy Dave Davis Cindee Peters Vol. 65, Page 84 Mayor Pro Tem Davis called the City Council Meeting of November 1, 1993 to order at 7:30 P.M.. The meeting was televised. A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 CONSIDER ACCEPTING THE FOURTH QUARTER DONATIONS TO THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Davis stated the Historical Preservation and Restoration Board has approved several donations to be added to the inventory. The Historical Preservation and Restoration Board and the Director of the Parks and Recreation Department recommend accepting the fourth quarter donations to the Historical Park. Mr. Dean Nichols, Chairman of the Historical Preservation and Restoration Board read the following list to the Council for approval. A box of unprocessed lambs wool, from Mr. Jim Post, St. Louis, Michigan. An early Twentieth Century vegetable bowl, from Mr. Bill Moses, Farmers Branch. Seven books, from Mrs. Kay Hatcher, Farmers Branch. The 1920 edition of Community Hygiene and a 1930's light fixture, from Mrs. Jean Showman, Farmers Branch. A cash donation of $100, from Mrs. Vera Horn, Dallas. A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", accepted the fourth quarter donations to the Historical Park. A.3 PRESENTATION OF SERVICE AWARDS. Mayor Pro Tem Davis presented a five year employee service award to Earnest Rose of the Public Works Department. Mayor Pro Tem Davis presented a five year employee service award to Donald Jackson of the Public Works Department. Vol. 65, Page 85 Mayor Pro Tem Davis presented a ten year employee service award to Randy Millaway of the Public Works Department. Mayor Pro Tem Davis presented a ten year employee service award to Gary Burns of the Public Works Department. Mayor Pro Tem Davis presented a fifteen year employee service award to Luke Clayton of the Engineering Department. A.4 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.4. Mayor Pro Tem Davis 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 Councilman Pyle, a second by Councilman Phelps, all voting "aye added items D.1, D.2, D.5 to the consent agenda. A motion by Councilman Pyle, a second by Councilwoman Hardie, all voting "aye" , approved the following Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF OCTOBER 18, 1993. B.2 AUTHORIZED THE EXECUTION OF AGREEMENTS WITH THE FOLLOWING ORGANIZATIONS FOR FUNDING AS PROVIDED IN THE 1993-1994 BUDGET. A. BROOKHAVEN COLLEGE B. DALLAS/FT. WORTH REGIONAL FILM COMMISSION C. FARMERS BRANCH CHAMBER OF COMMERCE D. METROCREST CHAMBER OF COMMERCE E. METROCREST SERVICE CENTER F. NORTHWEST FAMILY OUTREACH G. OFFICE ON AGING Vol. 65, Page 86 B.3 ADOPTED RESOLUTION NO. 93-162 DESIGNATING AN INDEPENDENT AUDITOR FOR THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION (NDCWSC) AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A LETTER AGREEMENT FOR AUDIT SERVICES. B.4 ADOPTED RESOLUTION NO. 93-172 AUTHORIZING THE CITY MANAGER TO RENEW THE CONTRACT WITH BARBER COLEMAN COMPANY FOR INSPECTION AND PREVENTIVE MAINTENANCE FOR THE HEATING, VENTILATION, AND AIR CONDITIONING SYSTEM AT CITY HALL IN THE AMOUNT OF $8,508.00. D.1 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 2095 AMENDING ORDINANCE NO. 2091 WHICH AUTHORIZED THE ISSUANCE AND SALE OF THE CITY'S CERTIFICATES OF OBLIGATION, SERIES 1993, AND ENACTING OTHER PROVISIONS RELATED THERETO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING CERTAIN PROVISIONS OF ORDINANCE NO. 2091; AND ENACTING OTHER PROVISIONS RELATED THERETO. D.2 APPROVED CASTING A VOTE FOR TOM LANDRUM AS REPRESENTATIVE TO SERVE ON THE DALLAS CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS. D.5 ADOPTED RESOLUTION NO. 93-173 AUTHORIZING CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH SALES INTERNACIONAL OF MEXICO FOR MARKETING REPRESENTATION IN MEXICO. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of projects in the departments of the City. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF METROPLEX TELEPHONE COMPANY, DBA, METROCEL CELLULAR TELEPHONE COMPANY, FOR A SPECIFIC USE PERMIT (SUP) TO ALLOW THE ERECTION OF A CELLULAR COMMUNICATIONS ANTENNA, SEVENTY-FIVE (75) FEET IN HEIGHT, LOCATED AT 13850 DIPLOMAT DRIVE AND WITHIN THE PLANNED DEVELOPMENT NO. 22 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Vol. 65, Page 87 Mayor Pro Tem Davis presented the following information for consideration. Metrocel Cellular Telephone Company wants to place an antenna tower and equipment building at the southeast corner of the TD Industries' property located at 13850 Diplomat Drive. The antenna tower will be located approximately 688 feet east of Diplomat Drive and about 35 feet from the rear property line which abuts a railroad right-of-way. The antenna tower is comprised of a galvanized steel pole, 75 feet tall capped with a triangle-shaped, steel platform to which the actual antenna apparatus is attached. The platform itself measures 10 feet along each of its three sides and approximately 4 feet in height. The equipment building is 336 square feet in area, about 10 feet tall, and comprised of exposed aggregate concrete. The Planning and Zoning Commission, by unanimous vote, recommends the Specific Use Permit for a cellular communications antenna at 13850 Diplomat, be approved as submitted. Mayor Pro Tem Davis opened the public hearing. Mr. Scott Cates, representing Metrocel Cellular, stated he was present tonight to answer any questions the City Council might have. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", closed the public hearing. There being no further discussion, a motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2094 granting a specific use permit for a cellular communications antenna at 13850 Diplomat. 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 CELLULAR COMMUNICATIONS ANTENNA WITHIN PLANNED DEVELOPMENT NO. 22 (PD-22) ZONING DISTRICT AT 13850 DIPLOMAT DRIVE; PROVIDING 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 AN EFFECTIVE DATE. [1 Vol. 65, Page 88 C.3 CONSIDER THE REQUEST OF CHARLES CROOK, ON BEHALF OF WAL- MART, FOR SITE PLAN APPROVAL OF AN EXPANSION OF THE OUTDOOR GARDEN CENTER AT 13307 MIDWAY ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 68 (PD-68) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Pro Tem. Davis presented the following information for consideration. At its September 9, 1993 meeting, the City Council approved a site plan for an outdoor garden center on the Wal-Mart property. The approved site plan included a garden center comprised of a 10 foot tall black steel picket fence, enclosing approximately 5,600 square feet of area space at the northeast corner of the building. Landscaping was to be provided along the garden centers entire east side facing Midway Road. Wal-Mart would like to amend the approved site plan to allow an expansion of the outdoor garden center by enclosing approximately 7,380 square feet of additional area at the north end of the building. The City Staff recommends the site plan be approved with the condition that the outdoor storage of all goods and merchandise, except as may be permitted by other City codes and ordinances, be limited to the area enclosed by the black steel fence. Mr. Charles Crook, representing Wal-Mart, stated he was present to answer questions from the City Council. Mayor Pro Tem Davis asked what caused the need for the extra area. Mr. Crook replied the garden center was originally to be located on the northeast side of the building. Mr. Crook stated Wal-Mart could not extend to the north because the parking lot was too close and could not expand to the east because of power lines. Mr. Crook also stated the new store manager arrived and felt more space was needed because of the size of this Wal-Mart. Mr. Crook showed a rendering of the proposed garden center. Mr. Crook stated he was by the location today and the landscaping had been installed. A motion by Councilman Moses, a second by Councilwoman Hardie, all voting "aye", adopted Resolution No. 93-177 approving a site plan for an outside storage area at 13307 Midway with the condition that the outdoor storage of all goods and merchandise, except as may be permitted by other City codes and ordinances, be limited to the area enclosed by the black steel fence. Vol. 65, Page 89 Mayor Pro Tem Davis asked when the store would be open. Mr. Crook replied the construction phase would be finished this week, but was not sure when the store would open. Mayor Pro Tem Davis asked why this store differs from other Wal-Mart stores. Mr. Crook stated the only difference is the size of this store. D.1 CONSENT D.2 CONSENT. D.3 CONSIDER ADOPTING RESOLUTION NO. 93-170 AWARDING THE BID FOR THE ADDITION TO AND REMODEL OF THE POLICE BUILDING AND ALTERNATE BID NO. 1 TO THE SANDSTONE GROUP INC., AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Davis presented the following information for consideration. The Police building remodel and addition are budgeted in the Capital Improvements Program account in the amount of $325,000.00. $7,600 is budgeted in the Fixed Assets account to replace an air conditioning unit. A combined budget of $332,600.00 is available for this project. Replacement of the air conditioning unit was included in the overall project in order to allow the contractor to replace the existing unit at the same time as other air conditioning equipment is installed. The project includes the addition of approximately 1,040 square feet to the building and the remodeling of approximately 1,275 square feet of existing space. Eight bids were received on October 19, 1993, one bid was returned unopened to Landmark Interior Builders because it was not submitted on time. The low bidder was The Sandstone Group Inc., submitting a bid of $206,225.00 for the addition and remodel, and a bid of $7,296.00 for Alternate Bid #1 for a total bid of $213,521.00 The estimated cost for design, inspection, materials testing, and relocation of antennas is $50,700.00. The amount available for construction and air conditioning installation is $281,900.00. The Police Chief recommends awarding the bid for remodel and addition to the Police Building and awarding Alternate Bid #1 to The Sandstone Group, Inc. in the total amount of $213,521.00. Vol. 65, Page 90 A motion by Councilwoman Hardie, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 93-170 awarding the bid for remodel and addition to the police building and Alternate Bid #1 to The Sandstone Group, Inc. in the amount of $213,521.00. DA CONSIDER ADOPTING RESOLUTION NO. 93-171 AUTHORIZING THE CITY MANAGER TO RENEW THE CONTRACT FOR CUSTODIAL SERVICES WITH TECH-CLEAN, INC. AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Davis presented the following information for consideration. The City entered into a contract for custodial services for city facilities with Tech-Clean, Inc. on February 1, 1992. The contract may be renewed for additional one year periods up to five total additional years by mutual agreement of the parties. In August of 1992 the contract was renewed for the fiscal year 1992-93. Tech-Clean, Inc. has performed well during the first two contract periods and staff recommends adopting the resolution authorizing the City Manager to renew the contract in the amount of $104,040. There is no increase in the contract amount over last year. The Director of the Parks and Recreation Department recommends adopting Resolution No. 93-171 authorizing the City Manager to renew the contract for Custodial Services with Tech-Clean, Inc. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted Resolution No. 93-171 authorizing the City Manager to renew the contract for Custodial Services with Tech-Clean, Inc. D.5 CONSENT. D.6 CONSIDER ADOPTING RESOLUTION NO. 93-175 AWARDING A BID FOR THE PURCHASE OF A REPLACEMENT 23 CUBIC YARD SELF-LOADING ELEVATING SCRAPER WITH A TRADE IN AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Davis presented the following information for consideration. Staff reviewed its needs for a replacement scraper with City Council during the September 20, 1993, Study Session meeting. At that time, staff indicated that specifications based on operational needs would limit vendors to those supplying Caterpillar equipment. Caterpillar has become the industry standard for landfill equipment. [1 Vol. 65, Page 91 Requests for bids were mailed to six vendors. One bid was received and opened on October 15, 1993. The remaining five vendors were contacted and declined to bid for various reasons. Darr Equipment submitted the only bid and it met specifications. The base bid received is $362,329. Part of the bid was an option for a trade-in of existing equipment. Staff recommends exercising its option to trade-in existing equipment for a cost reduction of $130,000. The cost of the equipment, less trade-in is $232,329. Funds in the amount of $335,000 are available in the 1993-1994 Fixed Asset Fund. The Directors of Public Works and Equipment Services Departments recommend adopting Resolution No. 93-175 awarding a bid for the purchase of a replacement Caterpillar scraper with trade-in to Darr Equipment in the amount of $232,329. Councilman Pyle asked if the amount of $335,000 is what the City had expected to pay for this piece of equipment. Mark Pavageaux, Director of Public Works, replied that amount was budgeted because the City was not sure if this piece of equipment would be traded in. Councilman Pyle asked if this has happened with other equipment in the past. Mr. Pavageaux replied the City does not always trade in equipment because the manufacturer may not give the City a good price for the piece of equipment. Mr. Pavageaux stated if there is a demand for a particular piece of equipment then the City receives a good trade in value. A motion by Councilman Pyle, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 93-175 awarding a bid for the purchase of a replacement Caterpillar scraper with trade-in to Darr Equipment in the amount of $232,329. D.7 DISCUSS CITY COUNCIL MEETING DATES FOR JANUARY, 1994 AND TAKE THE APPROPRIATE ACTION. Mayor Pro Tem Davis stated the City Council had discussed changing the meeting dates in January at the meeting of October 18, 1993. Mayor Pro Tem Davis stated at this meeting there was discussion of changing the meeting dates for January to the 10th and 24th. A motion by Councilman Moses, a second by Councilman Phelps, all voting "aye", changed the meeting dates for January to the 10th and 24th. Vol. 65, Page 92 D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no travel reports or requests. D.9 CITIZEN PARTICIPATION. No one came forward. MAYOR PRO TEM DAVIS ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION UNDER EXECUTIVE SESSION. THE DISCUSSION OF THE ITEMS BEGAN AT 6:12 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 6:20 P.M. MAYOR PRO TEM DAVIS ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION. THE ACTION ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION WAS RECESSED UNTIL THE 7:30 P.M. MEETING. ARTICLE 6252-17, SEC. 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEM AS PERSONNEL MATTERS MAY BE DISCUSSED IN THE EXECUTIVE SESSION. THE FOLLOWING AGENDA WAS FOLLOWED: E. la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTMENTS TO THE METROCREST HOSPITAL AUTHORITY BOARD OF DIRECTORS. 2. DISCUSS APPOINTMENT TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS. 3. DISCUSS APPOINTMENTS TO THE PARKS AND RECREATION BOARD. Discussions were held relating to the appointments as listed above. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Pro Tem Davis announced that the appointments to the Parks and Recreation Board and the Zoning Board of Adjustments and Building Code Board of Appeals will be considered at the next meeting. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", reappointed Max Raulins to serve Place 3, and Karen Hunt to serve Place 9 on the Metrocrest Hospital Authority for two year terms. Vol. 65, Page 93 F.1 ADJOURNMENT. A motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", adjourned the City Council meeting of November 1, 1993, at 8:19 P.M. Mayor 46 I City Secretary 0 Vol. 65, Page 94