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1992-08-03 CC Minutes (2)CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING AUGUST 17, 1992 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Bob Phelps Councilmembers Jeff Binford Calla Davis Bill Moses The following member of the City Council was absent: Councilman Ron Pyle The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Steve Carpenter Assistant City Manager John Burke City Attorney John Boyle City Secretary Ruth Ann Parish Communication Director Donna Huerta Economic Development Director Norma Nichols Director of Community Services Tom Scales City Engineer Jerry Murawski Director of Finance Doug Vanderslice Fire Chief Kyle King Director of Parks & Recreation Jeff Fuller Director of Personnel Judy Conley Library Director Mary Jane Stevenson Police Chief Jimmy Fawcett Director of Public Works Mark Pavageaux City Management Assistant David Reedy Traffic Engineer Dave Davis Recording Secretary Cindee Peters Vol. 62, Page 305 Mayor Blair called the City Council Meeting of August 17, 1992 to order at 7:39 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 DONATION FROM THE RAINBOW GIRLS OF THE JAMES A. SMITH MASONIC LODGE OF TEDDY BEARS AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The Rainbow Girls of the James A. Smith Masonic Lodge, 12823 Demetra, collected 29 teddy bears and desire to make a donation of the teddy bears to the Police Department. The teddy bears would be issued to the officers to use in stressful situations involving young children. The Chief of Police recommends accepting the donation from the Rainbow Girls. A motion by Mayor Pro Tem Phelps, a second by Councilman Moses, all voting "aye accepted the donation of teddy bears from the Rainbow Girls. A.3 PRESENTATION OF SERVICE AWARDS. Mayor Blair stated that Mr. Bob Colwell of the Fire Department was to receive his 15 year service award. Mayor Blair stated that Mr. Colwell was on duty and had received a call and could not attend at this time. Mayor Blair presented a 10 year employee service award to Mark Young of the Police Department. Mayor Blair presented a 5 year employee service award to Kristy Polen of the Police Department. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.2, C.3, D. 5. 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 Phelps, a second by Councilwoman Davis, all voting Vol. 62, Page 306 "aye", added items C.3 and D.5 to the consent agenda. A motion by Mayor Pro Tem Phelps, a second by Councilwoman Davis, all voting "aye", approved the following Consent Agenda items. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF AUGUST 3, 1992. B.2 ADOPTED RESOLUTION NO. 92-128 RENEWING A CONTRACT WITH TRINITY RIVER AUTHORITY FOR COLLECTING AND ANALYZING WASTEWATER SAMPLES. C.3 APPROVED THE REQUEST OF PACE MEMBERSHIP WAREHOUSE FOR SITE PLAN APPROVAL OF ON-PREMISE SIGNAGE TO BE LOCATED AT THE NORTHWEST CORNER OF LB7 FREEWAY AND MIDWAY ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 68 ZONING DISTRICT (PD-68). D.5 ADOPTED RESOLUTION NO. 92-130 AUTHORIZING THE CITY TO ENTER INTO CONTRACTS FOR EMPLOYEE BENEFITS RELATING TO INSURANCE. 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 A. ROBERT BEER, TRUSTEE, FOR A SPECIFIC USE PERMIT (SUP) FOR A NON DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOW AT 2407 VALWOOD PARKWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 33 (PD-33) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Planning and Zoning Commission considered the applicant's request on August 10, 1992. The Planning and Zoning Commission made no recommendation, but continued the public hearing until its August 24, 1992 meeting to allow the applicant additional time to submit information pertinent to the request. The Comprehensive Zoning Ordinance requires that the City Council receive a recommendation from the Planning and Zoning Commission before action is taken on a proposed zoning amendment. The Commission has not made a recommendation, therefore, no action may be taken by the City Council at this time. City Staff recommends that the public hearing be continued to the September 14, 1992, Vol. 62, Page 307 City Council Meeting. A motion by Councilman Binford, a second by Councilwoman Davis, all voting "aye", continued the public hearing until September 14, 1992. C.3 CONSENT D.1 CONSIDER ADOPTING RESOLUTION NO. 92-113 AWARDING THE BID FOR A VACUUM STREET SWEEPER TO STM EQUIPMENT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Requests for bids for a vacuum street sweeper were mailed to five vendors. Bids were received and opened on July 17, 1992. Four vendors responded. IDS Inc., did not meet the City's specifications for a vacuum street sweeper. The City's bid proposal specified a vacuum street sweeper. It was discussed in the Council Budget Workshop last year that a vacuum sweeper would be bid during the 1991-92 budget year. Bids received from IDS, Inc. were for a regenerative type air sweeper. The lowest bid meeting specifications was submitted by STM Equipment in the amount of $100,346.00 and an additional $695.00 for a suction nozzle shutter door for a total bid of $101,041.00. Funds in the amount of $110,000.00 are available in the 1991-92 budget for this purchase. Staff estimates the old sweeper will sell for approximately $7,500.00 at auction. During the August 3, 1992, Council meeting the City Council tabled the bid-award to STM Equipment for a vacuum sweeper until further test comparison could be run between the vacuum and regenerative - air sweepers. A field test was conducted August 12th. The vacuum sweeper performed in a more effective and efficient manner and would appear to be a better value from a long term cost standpoint. The Directors of Public Works and Equipment Services recommend adopting Resolution No. 92-113 awarding the bid for the purchase of a vacuum street sweeper to S.T.M. Equipment for a total amount not to exceed $101,041.00. Mayor Blair stated that City Staff had ordered another field test and both field representatives felt the tests performed were fair. Mayor Blair stated City Council members were satisfied the field test was fair. A motion by Mayor Blair, a second by Mayor Pro Tem Phelps, all voting "aye", adopted Resolution No. 92-113 awarding the bid for the purchase of a vacuum street sweeper to S. T.M. Equipment for a total amount not to exceed $101,041.00. D.2 CONSIDER ADOPTING RESOLUTION NO. 92-126 TO ACQUIRE A UTILITY Vol. 62, Page 308 EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT GRANTED BY MARTIN TEGUNS FOR A WATER MAIN AND AUTHORIZING PAYMENT FOR THE EASEMENTS GRANTED AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The construction of a 16- inch water main along the south side of the Dallas Power and Light Company's 100-foot wide right-of-way from Midway Road to Inwood Road is a Water Bond Capital Improvements Project funded in the amount of $500,000.00. Mr. Martin Teguns owns the property located at 14320 Midway Road. In order to construct the proposed water main, the City must acquire a permanent utility easement and temporary construction easement from the owner. The City Attorney has negotiated a purchase price of $16,000.00 to acquire the easements, and Mr. Teguns has provided easement documents to the City. The City Engineer recommends adopting Resolution No. 92-126 to acquire a utility easement and temporary construction easement granted by Mr. Martin Teguns for the construction of a water main and authorizing payment to Mr. Martin Teguns in the amount of $16,000.00 for the easements granted. A motion by Councilman Moses, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 92-126 to acquire a utility easement and temporary construction easement granted by Mr. Martin Teguns for the construction of a water main and authorize payment to Mr. Martin Teguns in the amount of $16,000.00 for the easements granted. D.3 CONSIDER ADOPTING RESOLUTION NO., 92-131 TO ACQUIRE A 1.234 ACRE TRACT OF LAND FOR THE CONSTRUCTION OF AN ELEVATED WATER TANK AND TEMPORARY CONSTRUCTION EASEMENT GRANTED BY TRUST COMPANY OF TEXAS AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The construction of an elevated water tank in northeast Farmers Branch is a Water Bond Capital Improvements Project budgeted in the amount of $2,500,000.00. Trust Company of Texas is the owner of the 1.234 acre tract of land proposed as the site for the construction of the elevated water tank. Condemnation proceedings were initiated by the City to obtain the proposed site and temporary construction easement. A Commissioners' Court issued an award for $181,588.00 which was appealed by the property owner. Subsequently, the City Attorney and the property owner who was asking for $2 million, arrived at a negotiated settlement in the amount of $200,000.00. Acceptance of the settlement on the part of the City will eliminate any further costs related to jury trial such as court costs, attorney fees, and expert testimony fees. The property owner will provide the City Attorney with a warranty deed and a temporary Vol. 62, Page 309 construction easement document. The City Engineer recommends adopting Resolution No. 92-131 to acquire a 1.234 acre tract of land and temporary construction easement to construct an elevated water storage tank, and recommends authorizing payment to Trust Company of Texas in the amount of $200,000.00 for the land and temporary easement granted. A motion by Councilwoman Davis, a second the Councilman Moses, all voting "aye", adopted Resolution No. 92-131 to acquire a 1.234 acre tract of land and temporary construction easement to construct an elevated water storage tank, and authorized payment to Trust Company of Texas in the amount of $200,000.00 for the land and temporary easement granted. DA CONSIDER ADOPTING RESOLUTION NO. 92-127 AWARDING THE BID FOR RECONSTRUCTION OF WINDMILL LANE AND QUEENS CHAPEL ROAD TO W.O. ADAMS CONSTRUCTION COMPANY AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Eight bids were received and opened on August 3, 1992. Seven bids met specifications. The low bidder is W.O. Adams Construction Company submitting a bid of $398,187.40 with a contract time of 150 calendar days. W.O. Adams Construction Company has provided adequate qualifications and references for similar work. They have successfully completed the construction of two (2) alleys and the street reconstruction on Rolling Knoll Drive for the City of Farmers Branch. This project will include total reconstruction of Windmill Lane from Cochise Lane to Queens Chapel Road and Queens Chapel Road from Webb Chapel Road to Old North Road, replacement of sidewalks, and reconstruction of drive approaches. There is $590,000 available in the 1991-92 Street Bond Fund for these projects and reconstruction of Hermitage Road. Design costs amounted to $23,642. Materials testing is estimated at $4,700, making the total cost for the Windmill Lane and Queens Chapel projects $426,529.56. The City Engineer recommends awarding the bid for the reconstruction of Windmill Lane and Queens Chapel Road to W.O. Adams Construction Company in the amount of $398,187.40. A motion by Councilman Binford, a second by Councilman Moses, all voting "aye adopted Resolution No. 92-127 awarding the bid for reconstruction of Windmill Lane and Queens Chapel Road to W. O. Adams Construction Company in the amount of $398,187.40. D.5 CONSENT Vol. 62, Page 310 D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair called for travel reports and requests. No member of City Council had a report or request. D.7 CITIZEN PARTICIPATION. Mr. Nick Korba asked that the Farmers Branch City Council recognize the Dallas Independent School District students who live in Farmers Branch. Mr. Korba felt that R.L. Turner High School students were being recognized more. Mayor Blair stated this was an excellent suggestion. Mayor Blair stated that Cabell Elementary had a very good relationship with the City of Farmers Branch. Mayor Blair stated the water tower at Marsh and Beltline did exhibit the logo of W. T. White High School on one side of the tower. Mayor Blair stated he would personally contact the principal of W. T. White High School to see what could be done to organize a recognition program for the Dallas Independent School District children who live in Farmers Branch. AT 8:09 P.M., MAYOR BLAIR ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE GENERAL SESSION HAVE BEEN CONCLUDED AND IT WAS NOT NECESSARY TO GO INTO AN EXECUTIVE SESSION. DISCUSSION OF THE AGENDA EXECUTIVE SESSION ITEM TOOK PLACE IN THE STUDY SESSION WHILE DISCUSSING THE BUDGET WITH THE MUNICIPAL COURT JUDGE. MAYOR BLAIR CALLED FOR DESIRED ACTION. E. la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTMENT OF A MUNICIPAL COURT JUDGE AND AN ALTERNATE MUNICIPAL COURT JUDGE. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", appointed Deanna Burnett to serve as Municipal Court Judge, and Terry Carnes to serve as Alternate Municipal Court Judge, for a term to expire August 1, 1993. F.1 ADJOURNMENT. A motion by Mayor Pro Tem Phelps, a second by Councilwoman Davis, all voting "aye", adjourned the City Council meeting of August 17, 1992, at 8:11 P.M. Mayor ity Secretary Vol. 62, Page 311