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1993-02-15 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING FEBRUARY 15, 1993 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 Ron Pyle Bill Moses 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 Director of Planning Michael Spicer City Engineer Jerry Murawski Director of Parks & Recreation Jeff Fuller Fire Chief Kyle King Police Chief Jimmy Fawcett Director of Public Works Mark Pavageaux City Management Assistant David Reedy Traffic Engineer Dave Davis Recording Secretary Cindee Peters Mayor Blair called the City Council Meeting of February 15, 1993 to order at 7:30 P.M.. The meeting was televised. Vol. 63, Page 114 A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a fifteen year employee service award to Alvin Black of the Community Services Department. Mayor Blair presented a ten year employee service award to Lee Robinson of the Public Works Department. A.3 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.6. 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 Councilman Binford, all voting "aye", added items D.1, D.5 and D.6 to the consent agenda. A motion by Mayor Pro Tem Phelps, a second by Councilman Binford, all voting "aye", approved the following Consent Agenda. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF FEBRUARY 1, 1993. B.2 ADOPTED RESOLUTION NUMBER 93-023 AUTHORIZING A COOKIE BOOTH SALE AS A CIVIC AND PHILANTHROPIC USE TO BE CONDUCTED DURING FEBRUARY AND MARCH BY TEJAS GIRL SCOUT COUNCIL IN FRONT OF KROGERS LOCATED AT 2770 VALWOOD PARKWAY. B.3 ADOPTED RESOLUTION NO. 93-026 APPROVING DEVELOPER'S CONTRACTS FOR LOTS C1R AND C2R, BLOCK 2, METROPOLITAN INDUSTRIAL PARK, SECTION 1. Vol. 63, Page 115 BA APPROVED THE REQUEST BY NEWS-TEXAN, INC., FOR FINAL PLAT APPROVAL OF LOTS C1R AND C2R, BLOCK 2, METROPOLITAN INDUSTRIAL PARK, SECTION 1. B.5 APPROVED THE REQUEST OF FLOWER AND SHRUB WHOLESALE FOR SITE PLAN APPROVAL FOR TEMPORARY OUTSIDE SALES OF SEASONAL FLOWERS AND SHRUBS WITHIN THE PLANNED DEVELOPMENT NUMBER 23 (PD-23) ZONING DISTRICT. B.6 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 2025 PROHIBITING WESTBOUND LEFT-TURNS AND U-TURNS ON VALLEY VIEW LANE AT DENTON DRIVE. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS PROHIBITING WESTBOUND LEFT TURNS AND U-TURNS ON VALLEY VIEW LANE AT DENTON DRIVE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND REPEALING ORDINANCE NO. 1807. DA ADOPTED RESOLUTION NUMBER 93-025 SUSPENDING THE EFFECTIVE DATE OF THE PROPOSED RATE SCHEDULES AND SERVICE REGULATIONS OF TEXAS UTILITIES ELECTRIC COMPANY. D.5 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 2027 PROHIBITING EASTBOUND RIGHT TURNS ON RED AT VALLEY VIEW LANE AND MARSH LANE. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS PROHIBITING EASTBOUND RIGHT TURNS ON RED SIGNAL ON VALLEY VIEW LANE AT MARSH LANE, PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUS; AND REPEALING ORDINANCE NO. 1807. D.6 ADOPTED RESOLUTION NO. 93-027 APPROVING A PROJECT MANAGEMENT AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH, THE TOWN OF ADDISON AND THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of various projects in the departments of the city. Vol. 63, Page 116 C.2 PUBLIC HEARING: CONSIDER AMENDING ARTICLE 8-400 OF THE COMPREHENSIVE ZONING ORDINANCE, AS AMENDED, PERTAINING TO PROVISIONS FOR ISSUING AND REGULATING SPECIFIC USE PERMITS ALLOWING THE SALE OF ALCOHOLIC BEVERAGES IN RESTAURANTS AND PRIVATE CLUBS AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information. During the series of annual neighborhood meetings, citizens have repeatedly commented on the lack of quality restaurants found in Farmers Branch and encouraged the City to do what it could to remedy the situation. Consequently, staff was directed to review the City's current ordinance regulating alcohol sales, research how other communities are regulating alcohol sales and obtain input from the restaurant industry itself in order to prepare an amendment to our current regulations. Staff prepared a proposal it believed would better enable the City to attract good quality restaurants and make Farmers Branch more competitive with neighboring communities, yet preserve key elements of the current regulations needed to protect the City from undesirable operations. Proposed Ordinance 1986, as prepared by Staff, maintains current regulations requiring a Specific Use Permit for any establishment selling alcohol; it does not change the current geographic restriction which limits alcohol sales to nonresidential parts of the city, east of Marsh Lane, west of Denton Drive and along Beltline Road; it does not change the current 70:30 food to beverages sales ratio; and it does not allow any retail package sales of alcohol whatsoever. Changes to the current alcohol regulations proposed by Ordinance 1986 include: 1) deletion of the free standing building or $80 per square foot interior finish out requirement in zoning districts other than PD's, 2) reduction of the minimum required floor area from 5,000 square feet to 2,500 square feet, 3) requiring the submittal of quarterly reports instead of monthly reports detailing food and alcohol sales, 4) allowing greater flexibility in restaurant floor plan design to meet the 70:30 food to beverage sales ratio instead of dictating pre-set percentages of floor area that must be allocated to food preparation, storage and bar areas; 5) basing required parking on floor area rather than number of seats and not requiring additional parking for small outdoor patios, 6) allowing greater flexibility in the type of alcohol awareness program a restaurant is required to use and, 7) allow amusement devices such as video games in accordance with state law and other City ordinances that already serve to limit the number of amusement devices a restaurant may have. After receiving public comment concerning the proposed alcohol sales regulations on January 11 and January 25, 1993, the Planning and Zoning Commission, by a 6 to 1 vote, recommends that Staffs proposed Ordinance 1986 be adopted with the following modifications: 1. The geographic limitations be eliminated. Vol. 63, Page 117 2. The 70:30 food to alcohol sales ratio be changed to a 60:40 ratio. 3. The proposed 2,500 square foot gross floor area minimum requirement be reduced to 2,000 square feet. Mayor Blair asked city staff to come forward and give an explanation of the proposed changes to the current alcohol ordinance. Mr. Michael Spicer gave an overview of the current ordinance. Mr. Spicer explained the proposed changes submitted by city staff and the recommended changes from the Planning and Zoning Commission. Mayor Blair opened the public hearing. Mr. Marty Giehrl, 3404 Bevann, stated he was pleased with the direction of the proposals because they were less restrictive. Mr. Giehrl stated he was in favor of the proposed ordinance, particularly with the three items proposed for amendment by the Planning and Zoning Commission. Mr. Giehrl stated the three items were the square footage reduction, the 60:40 food to beverage ratio, and the elimination of the geographic area. Mr. Giehrl felt this would allow more restaurants to open if they could meet the 300 square foot requirement. Mr. Giehrl explained that in his experience with traveling many "mom and pop" restaurants were excellent places to dine. Mr. Giehrl stated this would help the small restaurant owners. Mr. Giehrl stated by lowering the food to beverage ratio this may help keep food prices down. Mr. Giehrl stated beverage sales would subsidize food sales because customers pay about half the price of the meal if a glass of wine is added to the meal. Mr. James Robbs, 3212 Silent Oak, stated he was here tonight as a concerned private citizen. Mr. Robbs stated he had raised his family here and two of his children now live in Farmers Branch. Mr. Robbs felt that Farmers Branch had changed from an aggressive city to a slow progressive City. Mr. Robbs stated in 1986 the voters approved liquor by the drink. Mr. Robbs felt the current ordinance does not allow Farmers Branch to be competitive with other cities. Mr. Robbs stated new businesses were not relocating to Farmers Branch because city ordinances were too restrictive. Mr. Robbs stated Carrollton and Addison had taken the initiative with less restrictive ordinances. Mr. Robbs stated the most important step to competing with other cities is to pass the proposed ordinance. Mr. Robbs stated he was in favor of the Planning and Zoning Commission recommendation. Mrs. Vera Branham, 3404 Apple Valley, stated she had been in residential real estate for some years. Mrs. Branham stated principal factors considered by clients include location, schools, fire and police departments, and a low tax rate. Mrs. Branham explained many times she had taken clients to a restaurant to have dinner and a cocktail to discuss a potential contract for a house. Mrs. Branham stated that the restaurants in Vol. 63, Page 118 the city need to be able to compete with area restaurants in other cities. Mrs. Branham stated a successful business creates more successful businesses in the area. Mrs. Branham stated the proposed change to the current alcohol ordinance would help restaurants to compete. Mrs. Jane Winkler, 3216 Executive Circle, stated she had seen the area grow but not Farmers Branch. Mrs. Winkler stated she was a Baptist but chooses to have a drink with her meal. Mrs. Winkler stated she would like Farmers Branch to give the citizens a choice of purchasing a drink with their meal. Mr. Vernon Smith, 2715 Bay Meadow, stated that sales tax goes elsewhere and not into Farmers Branch. Mr. Smith stated a survey had been taken but the City Council did not listen to the citizens. Mr. Smith wanted to applaud the Planning and Zoning Commission for their recommendations regarding the alcohol ordinance. Mr. Smith stated the proposed ordinance should mirror Addison's ordinance. Mr. Smith felt that not to many restaurants would come back into Farmers Branch even with the changes. Mr. Smith stated people working in Farmers Branch have to go into Dallas to have lunch. Mr. Eddy Ketchersid explained he had confidence in the Mayor, City Councilmembers and City Staff. Mr. Ketchersid stated he had only lived in Farmers Branch for five years and had previously lived in a small town outside of Houston. Mr. Ketchersid stated this small town had changed their alcohol ordinance and the town became nothing but beer joints. Mr. Ketchersid felt that by eliminating the geographic requirements this could become very dangerous. Mr. Ketchersid explained he had no problem with the proposed ordinance, but felt the Planning and Zoning Commission's recommendation was not a good choice because of the elimination of the geographic area. Mr. Timmons stated he had voted for liquor by the drink and has campaigned for it since the approval. Mr. Timmons stated he was very disappointed by what has happened since that election. Mr. Timmons explained he had a decision by the Texas Supreme Court on Ralph Courtney vs. City of Sherman. Mr. Timmons stated the decision found it to be illegal to require a food to beverage ratio and cannot require a specific use permit for a private club. Mr. Timmons stated if this applies to private clubs it should apply to wet areas. Mr. Timmons explained he had studied the TABC regulations and cannot find anything that authorizes Farmers Branch to do what we have done. Mr. Mark Andres, representing Andres Real Estate, stated he owns the northeast corner shopping center at Valley View and Josey. Mr. Andres stated that Homefront would be moving out of Farmers Branch in six weeks. Mr. Andres stated he was in favor of the proposed ordinance and was surprised tonight by the number of people in agreement with the proposed changes in the ordinance. Mr. Andres explained that at the Planning and Zoning Commission meeting several citizens expressed their opposition to the change. Mr. Andres explained he had conversations with other commercial property owners in the area and they were also in favor of the proposed changes. Mr. Andres stated that Vol. 63, Page 119 80% of the tax base came from commercial property owners. Mr. Andres stated if these property owners keeping leaving, the tax burden will be on homeowners to increase tax dollars coming into Farmers Branch. Mr. Andres stated with strong restaurants moving into Farmers Branch it would help attract other businesses. Ms. Carol Hawkins, 2980 Primrose, presented a petition to the City Council opposing the change to the alcohol ordinance. Ms. Hawkins stated at the Planning and Zoning Commission several citizens spoke in opposition to the request. Ms. Hawkins stated the Planning and Zoning Commission chose to ignore them and recommend approval. Ms. Hawkins stated the 200 signatures on the petition showed that the residents were clearly opposed to this proposed change. Mr. Bill Boudreau, 3451 Ridgeoak, stated he had lived here for many years. Mr. Boudreau explained without changes to increase the tax revenue, the City would have to come up with other means for the additional revenue needed. Mr. Boudreau explained that some residents were concerned there would be open sale of alcohol in the City. Mr. Boudreau stated this proposed ordinance only affected restaurants in Farmers Branch. Mr. Boudreau stated he agreed with the changes recommended. Mr. Kirk Connelly, 3612 Courtdale, stated he understood the fear from some residents about changing the alcohol ordinance. Mr. Connelly explained he understood citizens fears such as drunk drivers, beer joints, and liquor stores. Mr. Connelly felt this ordinance will not allow or encourage any of these things. Mr. Connelly explained a SUP will still be required. Mr. Connelly stated Farmers Branch can regulate restaurants with the requirement of a SUP. Mr. Connelly stated Farmers Branch has been by-passed and restaurants have located in Dallas, Carrollton and Addison. Mr. Jim Davis, 2548 Hearthstone, stated he was in favor of the proposed changes. Mr. Davis explained the ordinance does not really go far enough for some restaurants. Mr. Davis stated he would like to see the proposed ordinance passed. Ms. Dawn Jantsch, representing Texas Restaurant Association, stated she had assisted Farmers Branch by forming a committee of Restaurant Association representatives and area restaurant owners to review the current ordinance. Ms. Jantsch stated the committee made several recommendations regarding the current ordinance which should be changed. Ms. Jantsch stated the City of Farmers Branch is making excellent strides by trying to improve their ordinances. Ms. Jantsch stated she felt the requirement of a city-required alcohol awareness program would put a burden of paperwork on restaurant owners. Ms. Jantsch stated the State has a very stringent Alcohol Awareness Program they provide the restaurant owners and their employees. Ms. Jantsch stated business owners look for high traffic volume and the least finish out cost. Ms. Jantsch stated the City needs to market the proposed ordinance. Ms. Opal Stimson, 2776 Richland, stated she was against any changes to the current Vol. 63, Page 120 • alcohol ordinance. Ms. Stimson asked the City Council to vote against the proposed ordinance. A motion by Councilman Binford, a second by Councilman Pyle, all voting "aye", closed the public hearing. Mr. Timmons asked staff how many restaurants are currently submitting their monthly reports to the City. Mr. Scales, Director of Community Services, stated that twelve restaurants currently submit reports. Mr. Timmons inquired about the subdued bar area in the proposed ordinance. Mr. Timmons stated the Summit Hotel has a bar in the center court area of the hotel. Mayor Blair stated the intent of this ordinance was not to get into the design business. Mayor Blair stated John Boyle, City Attorney, had confirmed that the Ralph Courtney vs. City of Sherman case only involved private clubs. Mayor Blair stated Farmers Branch could regulate certain alcohol provisions in the city. Councilwoman Davis stated she had been appointed to the original committee that drafted the current ordinance and it was not the intent of the ordinance to prohibit alcohol in Farmers Branch. Councilwoman Davis stated the majority of the committee had objections to allowing restaurants such as Marshall's to serve beer or wine. Councilwoman Davis stated the residential areas were a real concern when the ordinance was adopted. Councilwoman Davis stated the conditions in the ordinance were workable and the ordinance did tell citizens how and where alcohol could be regulated. Councilwoman Davis stated she was in favor of the Planning and Zoning Commission's recommendation with the exception that the geographic areas should remain in the ordinance. Councilwoman Davis encouraged staff to help increase retail areas and make it more viable. Councilwoman Davis stated she would like staff to look at such things as food service, beer and wine sales only, and then send this information back to the Planning and Zoning Commission. Mayor Pro Tem Phelps stated he could not agree with the recommendation made by the Planning and Zoning Commission. Mayor Pro Tem Phelps explained the 60:40 food to beverage ratio, eliminating the geographic area, and allowing only 2000 square feet for a restaurant does not need to be changed. Mayor Pro Tem Phelps stated that Marshall's Barbecue had approximately 3500 square feet and if the square footage requirement were changed to 2500 square feet, there would be no room for patrons after the food preparation area was installed, checkout area and bar area were in place. Mayor Pro Tem Phelps stated he would recommend the 3500 square feet requirement remain in the ordinance. Vol. 63, Page 121 Councilman Moses explained the Planning and Zoning Commission had worked long, hard hours on this ordinance. Councilman Moses felt the City could control restaurants with the SUP requirement. Councilman Moses stated the City staff had compiled sound changes to the current ordinance which were overdue. Councilman Moses stated he could support the ordinance written by City staff. Councilman Moses also wanted further study of items presented by Councilwoman Davis. Councilman Pyle stated he was concerned about the economic development of retail areas along 7osey Lane. Councilman Pyle stated he agreed with Councilwoman Davis to support the Planning and Zoning Commission recommendation with the exception of leaving the geographic requirement in the ordinance. Councilman Pyle felt there were unique situations near churches and residential areas that Farmers Branch should look into further. Councilman Binford explained the State Legislature had the City's hands tied for a period of time. Councilman Binford stated he feels we still have a restrictive ordinance. Councilman Binford explained most area cities have no requirements on food to beverage ratio, alcohol awareness programs and square footage requirements. Councilman Binford stated he does not feel changing the ordinance will solve the problem. Councilman Binford stated the citizens of Farmers Branch were showing they want changes made and by changing the current ordinance this may send a message to the industry. Councilman Binford made a motion to amend Section 8-400 of the Comprehensive Zoning Ordinance to reflect the recommendations of the Planning and Zoning Commission with the exception of eliminating the geographic limitation and for staff to prepare the appropriate ordinance to retain the geographic requirement. Councilwoman Davis seconded the motion. Mayor Blair explained he wanted to make a statement before a vote was taken. Mayor Blair stated the 1986 vote for alcohol by the drink passed by a 3 to 1 margin. Mayor Blair stated the Forward Farmers Branch group helped formulate the current ordinance to include what the citizens of Farmers Branch had wanted. Mayor Blair stated the City is not growing and this would not make Farmers Branch another Addison overnight. Mayor Blair expressed his appreciation to Dawn 7antsch for all of her work on changing the ordinance. Mayor Blair stated the 70:30 food to beverage ratio would probably work but the Planning and Zoning Commission felt it important to be competitive with other cities. Mayor Blair explained he had no problem with the square footage requirement being reduced. Mayor Blair felt the City Council still has control over much of the ordinance with the SUP requirement. Mayor Blair explained the State's Alcohol Awareness Program was very complicated, expensive, and not very effective and Farmers Branch needed their own program. Mayor Blair explained how the law read on measuring the 300 foot requirement where liquor could not be served. Mayor Blair stated he would support the Planning and Zoning Commission's recommendation with Vol. 63, Page 122 the exception that the geographic restriction not be eliminated because of the method used to measure the 300 foot requirement. Mayor Blair wanted to applaud Carol Hawkins and the people who signed her petition. Mayor Blair stated it was important for citizens to speak. Mayor Blair stated most of the signatures came from the sensitive area discussed. Mayor Blair stated Farmers Branch has taken advantage of the government reinvestment act and enticed businesses into Farmers Branch with tax breaks. After some discussion of changing the ordinance, Councilman Binford asked to amend his motion to change City Staff s ordinance from 70:30 to 60:40 food to beverage ratio, and change the 2500 square foot requirement to 2000 square feet, by adopting the following captioned Ordinance No. 1986: Councilwoman Davis accepted the amended motion. The amended motion carried 4 to 1, with Councilman Binford, Councilwoman Davis, Councilman Moses and Councilman Pyle voting "aye" and Mayor Pro Tem Phelps voting "nay". AN ORDINANCE OF THE CITY OF FARMERS BRANCH AMENDING THE COMPREHENSIVE ZONING ORDINANCE TO PROVIDE FOR THE ISSUANCE OF SPECIFIC USE PERMITS FOR THE OPERATION OF A RESTAURANT OR A MIXED BEVERAGE PERMIT BY AMENDING SECTION 8-400 AND ADDING SECTIONS 8-400-1 THROUGH 8-400-21; DEFINING TERMS, INCLUDING RESTAURANTS, REGULATING THE ISSUANCE OF SPECIFIC PERMITS; ADDING CERTAIN SECTIONS RELATING TO A GEOGRAPHIC DELINEATION WHERE RESTAURANTS, AS DEFINED, MAY BE LOCATED; PRESCRIBING CONDITIONS AND REQUIREMENTS FOR A RESTAURANT; REPEALING ORDINANCES 1652, 1677 AND 1681; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. Councilwoman Davis stated she would like to see the recommendation to modify the geographic limitations brought back to the Planning and Zoning Commission within a reasonable time period. Mayor Blair stated this could start immediately and the City would do whatever was needed. MAYOR BLAIR ANNOUNCED THE CITY COUNCIL WOULD TAKE A FOUR MINUTE RECESS. D.1 CONSENT. Vol. 63, Page 123 MAYOR BLAIR ANNOUNCED THAT CITIZEN PARTICIPATION WOULD BE HEARD AT THIS TIME. D.8 CITIZEN PARTICIPATION. Mrs. Judy Byrd stated someone tonight had mentioned that morals could not be dictated and no one could dictate where a person shops or eats. Mrs. Byrd stated she was concerned about the new PACE store because today she had visited the store and only one checker was needed. Mrs. Byrd explained the citizens of Farmers Branch do not support their own local businesses which they should. Mrs. Byrd stated the eastern residents will go out the back door to Addison and spend their money. Mrs. Byrd stated residents should spend money in Farmers Branch for tax purposes. Mayor Blair stated the City was concerned about PACE also. Mayor Blair stated that SAM's Wholesale Club was well known in the area and PACE was not as well known. Mayor Blair explained the City will be promoting more marketing programs to help local businesses. Mayor Blair explained the City Council had completed a work session on strategic planning. Mayor Blair explained the economic development program next year will do more promotion of the City. Mayor Blair explained Farmers Branch has a daytime population of 85,000. Mayor Blair stated the City would market to corporations so their employees know what Farmers Branch has to offer. Mayor Blair stated these 85,000 workers could be spending their money in Farmers Branch. Mr. Nick Korba stated Shahan had a recurrent problem of sewage backing up into homes. Mr. Korba explained a City crew had been at his house all day and no one could tell him why this problem keeps occurring. Mr. Korba felt the sewer lines in the neighborhood were too small. Mr. Korba stated to solve this problem the City would need to install the new line in Valley View and drop the existing line down fifty feet to the larger pipe. Mr. Korba stated City crews were replacing pavestone in the medians that had been installed approximately two years earlier. Mr. Korba felt this was a waste of money and asked why this was being done. Mayor Blair stated the pavestone was being broken when trucks or cars would drive over the median. Mayor Blair stated this was a preventive maintenance procedure. D.2 CONSIDER APPROVAL OF AN ORDER CALLING MAY 1, 1993 CITY COUNCIL ELECTION FOR MAYOR AND CITY COUNCIL PLACE 2 AND TAKE THE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. On May 1, 1993, an election for Mayor and City Council Place 2 will be held at the Farmers Branch Library, 13613 Webb Chapel Road. The position of Mayor and Place 2 will be for a three (3) Vol. 63, Page 124 year term. Early voting will be held in city hall beginning April 12, 1993, and ending April 27, 1993. The hours for early voting will be 8:00 a. m. to 5:00 p.m., Monday through Friday. The City Hall will be open Saturday, April 24, 1993 for the convenience of the citizens to vote early. In the event the Council wishes to enter into a joint election contract with Dallas County, it will be necessary to amend the election order at a later date. The City Secretary recommends the issuance of the Election Order. Mayor Blair explained to citizens of Farmers Branch that only one polling place would be located in Farmers Branch. Mayor Blair stated rumors were circulating that there would be two polling places in Farmers Branch. Mayor Blair stated the only polling place would be at Farmers Branch Manske Library. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", approved the issuance of an Election Order, Ordinance No. 2024, calling for a City Council Election to be held on May 1, 1993 for the election of Mayor and Place 2. D.3 CONSIDER ADOPTING RESOLUTION NO. 93-018 AWARDING THE BID FOR RECONSTRUCTION OF HERMITAGE STREET TO PAVEMENT SERVICES CORPORATION AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Eleven bids were received and opened on January 20, 1993. The low bidder was Matrix Environmental Contractors submitting a bid of $69,517.59 with contract time of sixty (60) calendar days. Matrix Environmental Contractors has not provided adequate qualifications and experience for similar work. The company is unable to provide information to show that it has the ability to construct the project in accordance with the quality and schedule provided in the bid specifications. The company has not done any street reconstruction work; it does not have the necessary construction equipment; and, it has only one person on staff with street construction experience. Staff recommends that an experienced contractor perform the work. Pavement Services Corporation, the second lowest bidder, submitted a bid of $71,245.00. Pavement Services Corporation has provided adequate qualifications and references for similar work. This project will include total reconstruction of Hermitage Street from Wicker Avenue to the end of Hermitage Street, construction of sidewalks and reconstruction of drive approaches. There is $90,000 available in the 1992-93 street bond program. Materials testing is estimated at $2,800 making the total cost for the Hermitage Street Reconstruction Vol. 63, Page 125 $74,045. The City Engineer recommends awarding the bid for Hermitage Street to the lowest qualified bidder, Pavement Services Corporation in the amount of $71,245. Mr. Mike Reeder, partner with Matrix Environmental Contractors, stated he had a meeting with Mr. Dadgostar and Mr. Welch of the Engineering Department. Mr. Reeder stated after discussing qualifications, experience and references, Mr. Dadgostar stated he would recommend Matrix Environmental Contractors for the job. Mr. Reeder stated that Mr. Dadgostar called later to inform Mr. Reeder that Mr. Murawski, City Engineer, would not be recommending Matrix Environmental Contractors for the job. Mr. Dadgostar stated Mr. Murawski was concerned about their work experience, leasing the equipment and their financial status. Mr. Reeder stated he offered to provide their financial statement but was turned down. Mr. Reeder explained that Mr. Murawski had a problem that he was the only one who had this type experience and if he were to leave Matrix the job could not be completed. Mr. Reeder stated he was a partner and would not be leaving the firm. Mr. Reeder stated his company was financially sound and that many contractors lease their equipment for contract jobs. Mr. Reeder stated he has 20 years of experience and their bonding company felt they could also perform this contract. Mayor Blair asked Mr. Murawski if the references they had received from Carrollton, Richardson and Dallas tonight had been furnished to the Engineering Department. Mr. Murawski stated the City had received this information. Mr. Murawski explained his concerns with awarding this bid to Matrix Environmental Contractors. Mr. Murawski stated all references received were on Mr. Reeder and not Matrix. Mr. Murawski also stated that Matrix had performed work on Phase II of Valwood Parkway Median Enhancements. the contract time was 120 to 150 days; Matrix said they would complete the work in 60 to 90 days and Matrix took the total contract time to complete the project. Mr. Murawski stated the Hermitage project would be severely hampered if delays were caused because there was only one entrance into Hermitage. Mr. Murawski felt the City should not take the risk considering these reasons. Mayor Blair asked Mr. Reeder if the references from the City of Dallas were projects he had completed when employed with Matrix. Mr. Reeder stated he had been self-employed when he had done these projects for the City of Dallas. Mr. Reeder further described jobs he was currently working on. Mayor Blair stated he would not want Farmers Branch delayed on a project until Matrix finished another job. Mayor Blair asked if Matrix was the primary contractor or the sub- contractor on the $225,000 project shown as a reference by Matrix. Vol. 63, Page 126 Mr. Reeder stated Matrix was the primary contractor for that particular project. Mayor Blair asked Mr. Murawski if references had been contacted concerning Matrix's performance. Mr. Murawski stated the Engineering Department did not check references because none were similar to this project. A motion by Councilwoman Davis, a second by Mayor Pro Tem Phelps, with Binford, Davis, Phelps and Pyle voting "aye", and Councilman Moses voting "nay" to award the bid for Hermitage Street to the lowest qualified bidder, Pavement Services Corporation in the amount of $71,245. The motion carried with a 4 to 1 vote. DA CONSIDER ADOPTING RESOLUTION NO. 93-017 AWARDING A BID FOR THE PURCHASE OF THE ANNUAL SUPPLY OF PAPER REFUSE SACKS TO INTERNATIONAL PAPER COMPANY AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Bids requests for the purchase of the annually supply of paper refuse sacks were mailed to six vendors. The bid specified sacks constructed of a combination of one-ply recycled and one-ply natural Kraft paper. Three bids were received and opened on January 29, 1993, and all bids met specifications. The low bidder meeting specifications was International Paper Company in the amount of $205,000.00 for 1,000,000 sacks. The sacks will be delivered to each single family residence in March and August. The cost of each sack is .205 cents. Due to the manufacturing procedures used by the low bidder, International Paper Company, the sacks will be packaged differently this year. They will be packaged with five sacks in individually wrapped packets. Eleven of the five sack packets will be banded together to make a bundle of 55 sacks. Funds in the amount of $237,000.00 are available in the 1992/1993 budget for this purchase. The Director of Public Works recommends adopting Resolution No. 93-017 awarding a bid for the purchase of the annual supply of paper refuse sacks to International Paper Company in the amount of $205,000.00. Councilman Binford asked the difference between a one-ply natural and the one-ply recycled materials. Mr. Mark Pavageaux, Director of Public Works, stated Farmers Branch would save approximately $50,000 by purchasing the one-ply recycled. Vol. 63, Page 127 Mayor Blair asked if the one-ply recycled had been tested for wet/dry strength. Councilman Pyle asked when the sacks would be delivered and how many would be in the bundle. Mr. Pavageaux stated the sacks would be delivered by the end of March with 55 bags in each bundle. A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 93-017 awarding a bid for the purchase of the annual supply of paper refuse sacks to International Paper Company in the amount of $205,000.00. D.5 CONSENT. D.6 CONSENT. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair explained several Councilmembers and City staff attended a legislative meeting in Austin on February 8, 1993. Mayor Blair stated that Governor Ann Richards was the speaker for this meeting. Mayor Blair stated this meeting included issues which will affect cities in the future. Mayor Blair explained staff had also set a meeting with the State Comptroller's office to submit a bill which would allow cities to examine sales tax information. Mayor Blair stated this bill will be presented in the Senate. City Manager Richard Escalante asked approval to speak about municipal financing in Austin on April 19, 1993. Mr. Escalante stated the conference will pay for his expenses to attend. A motion by Mayor Blair, a second by Councilman Pyle, all voting "aye", approved travel for the City Manager on April 19, 1993 to Austin. MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION. THE DISCUSSION OF THE ITEMS BEGAN AT 7:20 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 7:26 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEM DISCUSSED IN THE EXECUTIVE SESSION AT THE STUDY SESSION. THE ACTION ON THE ITEM DISCUSSED IN THE EXECUTIVE SESSION WAS RECESSED UNTIL THE 7:30 P.M. MEETING. ARTICLE 6252-17, SEC. 2(g) OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEM AS PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.la DISCUSS PENDING AND CONTEMPLATED LITIGATION - ARTICLE 6252-17 SEC. 2(e) Vol. 63, Page 128 1. DISCUSS PENDING LITIGATION OF COMPLAINT OF WALKER PROJECT INC. VS. CITY OF FARMERS BRANCH. City Attorney John Boyle presented a status report on the Walker litigation. E.2 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair reported that City Attorney John Boyle presented a status report on the Walker vs. City of Farmers Branch litigation. F.1 ADJOURNMENT. A motion by Mayor Pro Tem Phelps, a second by Councilman Binford, all voting "aye adjourned the City Council meeting of February 15, 1993, at 10:26 P.M. Q Mayor 46 z City Secretary Vol. 63, Page 129