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1993-11-15 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING NOVEMBER 15, 1993 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Calla Davis Ron Pyle Bill Moses Bob Phelps Nancy Hardie The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Communication Director Director of Community Services Director of Planning City Engineer Director of Equipment Services Director of Finance Director of Parks & Recreation Director of Personnel Library Director Police Chief Fire Chief Director of Public Works City Management Assistant Recording Secretary Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish Donna Huerta Tom Scales Michael Spicer Jerry Murawski Don Moore Charles Cox Jeff Fuller Judy Conley Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux David Reedy Cindee Peters Mayor Blair called the City Council Meeting of November 15, 1993 to order at 7:30 P.M.. The meeting was televised. Vol. 65, Page 95 A.1 INVOCATION. Councilman Moses gave the invocation. A.2 PRESENTATION OF THE FLAG BY WEBELOS FROM PACK 711 OF MCLAUGHLIN ELEMENTARY SCHOOL. Webelos from Pack 711 of McLaughlin Elementary School presented the colors of the flag and led the pledge of allegiance. A.3 CONSIDER ACCEPTING A $2,000 DONATION FROM SAVINGS OF AMERICA TO BE USED FOR THE THIRD ANNUAL SENIOR CITIZENS' GAME NIGHT AT THE SENIOR ADULT ACTIVITY CENTER. Mayor Blair gave the following information for consideration. Savings of America would like to provide the funds to hold the third annual Senior Citizens' Game Night. The Game Night would be from 7:00 p.m. to 10:00 p.m. on January 15, 1994. The funds provided by Savings of America will cover the cost of equipment rental and operation. The past two Senior Citizens' Game Nights have been very well received by the participants. The fun, fellowship, and excitement of the past Game Nights have the Senior Citizens anticipating the 1994 event. The Director of the Parks and Recreation Department recommends accepting the $2,000 donation from Savings of America to be used for the third annual Senior Citizens' Game Night. Martie Matheidas, Assistant Vice President and a Branch Manager of Savings presented the donation to Mayor Blair. A motion by Councilman Phelps, a second by Mayor Pro Tem Davis, all voting "aye", accepted the donation from Savings of America to be used for the third annual Senior Citizens' Game Night. A.4 PROCLAIM MONDAY, NOVEMBER 15TH AS "VIVIAN FIELD JUNIOR HIGH DAY" IN FARMERS BRANCH IN RECOGNITION OF BEING SELECTED AS A BLUE RIBBON SCHOOL. Mayor Blair recognized Vivian Field Principal Conan Reinken and representatives from Vivian Field. Mayor Blair read the proclamation and proclaimed November 15th as "Vivian Field Junior High Day" in Farmers Branch. Mayor Blair stated Vivian Field received this award after the achievement in the National School of Excellence Program sponsored by the U.S. Department of Education. Vol. 65, Page 96 Mr. Conan Reinken, Principal of Vivian Field, displayed the plaque the school received and thanked the City Council for recognizing Vivian Field Junior High School. A.5 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a five year employee service award to Valentin Bustos of the Parks and Recreation Department Mayor Blair presented a ten year employee service award to Michael Blum of the Police Department. A.6 PRESENTATION OF BOARD APPLICATIONS. No one came forward. 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 Davis, a second by Councilman Pyle, all voting "aye added items D.1, D.2, D.3, and D.7 to the consent agenda. A motion by Mayor Pro Tem Davis, a second by Councilwoman Hardie, all voting "aye", approved the following Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF NOVEMBER 1, 1993. B.2 ADOPTED RESOLUTION NO. 93-184 AUTHORIZING A CHRISTMAS WREATH SALE AS A CIVIC AND PHILANTHROPIC USE TO BE CONDUCTED BY CUB SCOUT PACK 34 AND BOY SCOUT TROOP 34 ON DECEMBER 4, 5, 11, AND 12, 1993 ON THE PARKING LOT OF MACFRUGALS LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND JOSEY LANE. Vol. 65, Page 97 D.1 ADOPTED RESOLUTION NO. 93-181 AUTHORIZING THE CITY MANAGER TO EXECUTE A SEVEN YEAR CONTRACT WITH THE CITY OF CARROLLTON FOR USE OF THE CAMELOT LANDFILL FACILITY. D.2 ADOPTED RESOLUTION NO. 93-178 AUTHORIZING THE CITY MANAGER TO EXECUTE A RECREATION USE LICENSE AGREEMENT WITH DALLAS CHRISTIAN COLLEGE. D.3 ADOPTED RESOLUTION NO. 93-179 AWARDING A BID TO LONGHORN INC. FOR AN ANNUAL SUPPLY OF IRRIGATION PARTS FOR THE PARKS AND RECREATION DEPARTMENT IN THE ESTIMATED AMOUNT OF $34,260.49. D.7 ADOPTED THE FOLLOWING ORDINANCE NO. 2093 AUTHORIZING THE UPDATE OF TMRS SERVICE CREDITS FOR QUALIFIED EMPLOYEES AND INCREASED ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED EMPLOYEES. AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF FARMERS BRANCH: PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY: AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. 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 PHOENIX CAPITAL GROUP, INC., (PCGI) TO AMEND ARTICLE 8-501(B) OF THE COMPREHENSIVE ZONING ORDINANCE TO ALLOW THE CREATION OF PLANNED DEVELOPMENT DISTRICTS FOR HOUSING DEVELOPMENTS ON TRACTS OF LESS THAN THREE ACRES AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The Comprehensive Zoning Ordinance requires that Planned Development (PD) zoning districts for residential development be no less than three acres in area. Mr. Bill Skipping, Vol. 65, Page 98 Chairman of Phoenix Capital Group, Inc., (PCGI), is requesting this provision be amended to allow residential Planned Developments of less than three acres in area. Mr. Skipping is not seeking approval of any site specific zoning or development plans at this time. The request is strictly to amend the text of the Comprehensive Zoning Ordinance. Should the Zoning Ordinance be so amended, residential PD zoning could subsequently be requested by any person having a proprietary interest in any property in the City of Farmers Branch and Mr. Skipping could then proceed with plans to create a residential Planned Development on the two vacant properties at Brookhaven Club Drive and Marsh Lane. The Planning and Zoning Commission, by unanimous vote, recommends Article 8- 501(b) of the Comprehensive Zoning Ordinance be amended to allow housing development on tracts of any size or a community unit development. Mayor Blair opened the public hearing. Mayor Blair explained Mr. Skipping had contacted him today and could not attend the meeting tonight due to back surgery. Mayor Blair stated he would have representatives present tonight. Mr. Mark Humphries and Mr. Warren Wilke, of Humphries Architects, came forward representing Mr. Skipping. Mr. Humphries stated he was here to answer any questions the City Council may have. There being no other comments or questions from those present, a motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", closed the public hearing. Mayor Pro Tem Davis asked if the residents along Brookhaven Club Drive and Tanglewood had been contacted concerning this amendment to the Zoning Ordinance. Mr. Humphries stated the residents adjacent to the development have been contacted and were shown a site plan of the proposed development. Mr. Humphries stated some residents are interested in purchasing homes in this development. City Manager Richard Escalante explained this amendment only changes the zoning ordinance to permit a project to be constructed on three acres or less. Councilman Phelps asked if a community unit development was single-family homes or could apartments be constructed also? Vol. 65, Page 99 Mr. Scales replied a community unit development is currently allowed now, this amendment would allow a developer to change the type of dwelling but not the density. Mr. Scales stated an example would be a single story home normally found in a residential zone, could be changed to a zero lot line home. Mr. Scales stated the density could not be changed. Mr. Scales stated the current planned development standards currently allow this type development. A motion by Councilwoman Hardie, a second by Councilman Pyle, all voting "aye", adopted the following captioned Ordinance No. 2098 amending Article 8-501(b) of the Comprehensive Zoning Ordinance allowing housing development on tracts of any size or a community unit development. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY AMENDING SECTION 8- 0501(b) TO ALLOW HOUSING DEVELOPMENT ON TRACTS OF ANY SIZE OR A COMMUNITY UNIT DEVELOPMENT; 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. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF TRANS TEXAS INVESTMENT PROPERTIES, INC., TO AMEND THE PLANNED DEVELOPMENT NUMBER 66 (PD-66) ALLOWABLE USES AND DEVELOPMENT STANDARDS, AND APPROVE AN ASSOCIATED SITE PLAN FOR A RETAIL DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF MIDWAY ROAD AND THE LBJ FREEWAY WITHIN THE PD-66 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. At the request of City Staff, the Planning and Zoning Commission, at its public hearing on November 8, 1993, continued the public hearing until November 29, 1993 to allow the applicant sufficient time to submit additional information pertinent to the request. In accordance with the Comprehensive Zoning Ordinance, the City Council must receive a recommendation from the Planning and Zoning Commission before action may be taken on any proposed zoning amendment. Therefore, no action may be taken by the City Council at this time. City Staff recommends the public hearing be continued to the December 6, 1993 City Council meeting. A motion by Mayor Pro Tem Davis, a second by Councilman Phelps, all voting Vol. 65, Page 100 "aye", postponed this item until December 6, 1993. D.1 CONSENT. D.2 CONSENT. D.3 CONSENT. DA CONSIDER ADOPTING RESOLUTION NO. 93-180 AWARDING BIDS FOR AN ANNUAL SUPPLY OF CHEMICALS AND FERTILIZERS FOR THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Bid requests for an annual supply of chemicals and fertilizers for the Parks and Recreation Department were sent to sixteen vendors. Twelve bids were returned. Four vendors declined to bid for various reasons. The low bidder on item #4, liquid fertilizer, did not meet specifications. Staff recommends awarding the low bids meeting specifications. The estimated total cost of low bid items meeting specifications is $73,287.16. There is $75,000 budgeted for an annual supply of chemicals and fertilizers in the 1993/94 budget. The Director of the Parks and Recreation Department recommends adopting Resolution No. 93-180 awarding bids for an annual supply of chemicals and fertilizers for the Parks and Recreation Department in the estimated total amount of $73,287.16. The bids are from Central Garden and Pet for $1,689. 11, BWI-Dallas/Ft. Worth, Inc. for $24,316.36, Lesco, Inc. for $2,782.50, Opti-Gro for $1,567.50, Van Waters & Rogers, Inc. for $3,291.30, Terra International, Inc. for $10,587.94, and Wilbur Ellis Company for $29,052.45. A motion by Councilman Phelps, a second by Mayor Pro Tem Davis, all voting "aye", adopted Resolution No. 93-180 awarding bids for an annual supply of chemicals and fertilizers for the Parks and Recreation Department in the estimated total amount of $73,287.16. The bids are from Central Garden and Pet for $1,689.11, BWI-Dallas/Ft. Worth, Inc. for $24,316.36, Lesco, Inc. for $2,782.50, Opti-Gro for $1,567.50, Van Waters & Rogers, Inc. for $3,291.30, Terra International, Inc. for $10,587.94, and Wilbur Ellis Company for $29,052.45. D.5 CONSIDER ADOPTING RESOLUTION NO. 93-174 AWARDING THE BIDS FOR GASOLINE, DIESEL, OIL AND LUBRICANT PRODUCTS AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Bid requests for the Vol. 65, Page 101 annual supply of gasoline, diesel, oil and lubricant supplies were sent to twenty-six (26) vendors. Eight (8) vendors submitted bids that were opened on October 22, 1993. The bids received included two (2) bids meeting specifications for gas and diesel, and six (6) bids meeting specifications for oil and lubricant supplies. Two (2) vendors submitted no-bids for all gas, diesel, oil and lubricant supplies. The Equipment Services Staff reviewed all bids submitted and determined the low bid meeting specifications for gasoline and diesel products was submitted by JAM Distributing in the estimated amount of $243,672.00. Fuel costs will fluctuate during the year depending upon the average daily Oil Price Information Service terminal price in the Dallas area. The vendor's profit margin of $.015 per gallon will remain constant. Mandated delivery fees for the Federal Tank Recovery Super Fund and taxes are estimated to be $105,865.00. Total estimated bid for gas and diesel products is $349,537.00. The low bid meeting specifications for oil and lubricant products was submitted by Money Oil Company in the estimated amount of $16,063.65. The total estimated cost for all products including fees and taxes is $365,600.65. The current Operating Department budgets includes $413,300.00 for the purchase of gas, diesel, oil and lubricant products. These amounts include overhead charges, mandated delivery fees for the Federal Tank Recovery Super Fund, and applicable State and Federal taxes. The Director of Equipment Services recommends adopting Resolution No. 93-174 awarding the annual supply of gas and diesel to JAM Distributing Company and the annual supply of oil and lubricant products to Money Oil Company for an estimated total of all products including fees and taxes of $365,600.65. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted Resolution No. 93-174 awarding the annual supply of gas and diesel to JAM Distributing Company and the annual supply of oil and lubricant products to Money Oil Company for an estimated total of all products including fees and taxes of $365,600.65. D.6 CONSIDER ADOPTING RESOLUTION NO. 93-166 AWARDING THE BID FOR A 1994 MODEL FRONT LOAD REFUSE TRUCK AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Requests for bids for a 1994 model front load refuse truck were mailed to seven (7) vendors. A total of twelve (12) bids were received from six (6) vendors and one vendor submitted a "no Vol. 65, Page 102 bid". The six lowest bids received did not meet specifications for various reasons. White GMC Trucks of Dallas-Ft. Worth submitted the only bid meeting specifications in the amount of $115,754. Staff carefully reviewed the front load refuse truck specifications prior to mailing them to the vendors. All vendors could have met the City's specifications. Funds in the amount of $116,500 are in the 1993-1994 budget for this purchase. The Directors of Public Works and Equipment Services recommend adopting Resolution No. 93-166 awarding the bid for the purchase of a 1994 model front load refuse truck to White GMC Trucks of Dallas-Ft. Worth in the amount of $115,754. Mayor Blair asked Mark Pavageaux, Director of Public Works, to explain why the City received only one bid. Mr. Pavageaux replied the staff had contacted the vendors concerning their reason for not submitting a bid on this project. Mr. Pavageaux explained some vendors felt the specifications required on certain items on the truck were not needed, or the vendor submitted a lesser quality bid, and some just did not bid certain items. Mr. Pavageaux stated staff had reviewed the specifications and felt comfortable with items listed in the specifications. Mr. Pavageaux stated a transmission cooler which keeps the transmission cool was not bid. Mr. Pavageaux explained all vendors could have met these specifications if they had chosen to do so. Mayor Blair stated the City has had problems in the past with these garbage trucks because of their constant use. Mayor Blair stated the transmission cooler helps prevent breakdowns on these type trucks. City Manager Richard Escalante stated in the future the City will be implementing pre-bid meetings so the vendors will understand why the City requires certain items on these specifications need to be included. A motion by Councilman Moses, a second by Councilwoman Hardie, all voting "aye", approved Resolution No. 93-166 awarding the bid for the purchase of a 1994 model front load refuse truck to White GMC Trucks of Dallas-Ft. Worth in the amount of $115,754. D.7 CONSENT. D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE Vol. 65, Page 103 APPROPRIATE ACTION. Mayor Pro Tern Davis reported that she recently attended the TML conference in San Antonio. Mayor Pro Tern Davis explained she was a member of the Resolutions Committee and the City was trying to get a resolution through which would provide sales tax information to cities. Mayor Pro Tem Davis stated the resolution did pass and was also favored by the Finance Officer's Association. Mr. Richard Escalante reported that there were excellent sessions at the TML conference. Mr. Escalante stated he attended sessions on school-city relationships which was very informative. Mr. Escalante stated the sales tax resolution peeked an interest with several organizations which could help pass this resolution into law. Councilwoman Hardie replied she also had an opportunity to attend the TML Conference and to look at other cities who are having similar problems. Councilwoman Hardie stated she attended a session on privatization which the City of Farmers Branch had investigated some time ago. D.9 CITIZEN PARTICIPATION. Mr. Nick Korba, 13210 Shahan, explained he lived in the Johnston Park area and there were no sidewalks leading to the Library. Mr. Korba would like to see sidewalks put in so pedestrians do not have to walk on the street. Mr. Mark Pavageaux stated he would contact Mr. Korba to find out where sidewalks were needed in Johnston Park. MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION UNDER EXECUTIVE SESSION. THE DISCUSSION OF THE ITEMS BEGAN AT 5:31 P.M. WITH THE COUNCIL RECONVENING INTO GENERAL SESSION AT 5:43 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION. THE ACTION ON THE ITEMS DISCUSSED WAS RECESSED UNTIL THE 7:30 P.M. MEETING. ARTICLE 6252-17, SEC. 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS AND LAND. ACQUISITION 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 APPOINTMENT TO THE METROCREST HOSPITAL AUTHORITY BOARD OF DIRECTORS. 2. DISCUSS APPOINTMENTS TO THE PARKS AND RECREATION BOARD. Vol. 65, Page 104 3. DISCUSS APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENTS AND BUILDING CODE BOARD OF APPEALS. A discussion was held relating to the appointments as listed above. DISCUSS LAND ACQUISITIONS - ARTICLE 6252-17, SEC. 2(f) 1. DISCUSS POSSIBLE LAND ACQUISITION AT 12803 DEMETRA. A discussion was held relating to possible land acquisition relating to 12803 Demetra Street. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair called for action on Personnel Matters discussed in the Executive Session. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted Resolution No. 93-183 confirming the designation of Dick Calvert to serve Place 2 on the Board of Directors of the Metrocrest Hospital Authority for a two year term. A motion by Councilman Phelps, a second by Councilwoman Hardie, all voting "aye", reappointed Bob Shaw to serve Place 1, Roy Morales to serve Place 3, and, Josh Lewis to serve Place 5 on the Parks and Recreation Board for a two year term. Mayor Blair announced that the Alternate, Place 2 position is open on the Parks and Recreation Board due to the resignation of Steven Heath who has accepted to serve as the Neighborhood Crimewatch Chairman. A motion by Councilman Moses, a second by Councilwoman Hardie, all voting "aye", reappointed Kathryn Reeves to serve Place 3, Junie Smith to serve Place 3, and, William Hinckley to serve Place 4 on the Zoning Board of Adjustments and Building Code Board of Appeals for a two year term. Mayor Blair announced that the Alternate, Place 2 position is open on the Zoning Board of Adjustment and Building Code Board of Appeals. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated that a discussion was held in the Executive Session relating to a Vol. 65, Page 105 request to the city whether there would be any interest in acquiring the property at 12803 Demetra near the city hall. Mayor Blair stated that the City Council expressed no interest at this time. F.1 ADJOURNMENT. A motion by Councilman Moses, a second by Councilman Phelps, all voting "aye", adjourned the City Council meeting of November 15, 1993, at 8:34 P.M. or City Secretary 1 Vol. 65, Page 106