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1988-03-14 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 03/14/88 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Council members John D. Dodd Bob Phelps John Dunagan Calla Davis Dave Blair Herb Weidinger The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Steve Carpenter Assistant City Manager Gene Carlton City Attorney Ken Dipple City Secretary Ruth Ann Parish Director of Community Services Tom Scales Director of the Library Betty Kelley City Engineer Jerry Murawski Assistant Fire Chief Jerry Turner Recording Secretary Julie Parker Mayor Dodd called the City Council Meeting of 03/14/88 to order at 7:31 p.m. The meeting was televised. A.1 INVOCATION Councilman Weidinger gave the invocation and led in the Pledge of Allegiance. A.2 PRESENTATION OF "A WALK ACROSS FARMERS BRANCH", A BOOK WRITTEN BY CABELL ELEMENTARY FIFTH AND SIXTH GRADERS, TO THE MAYOR AND CITY COUNCIL. Mayor Dodd explained that this item has been moved to the April 4, 1988 City Council Meeting. A.3 PRESENTATION OF SERVICE AWARDS Vol. 54, Page 134 A. 3a Mayor Dodd presented Johnny Martinez of the Street Division with a 15-year employee service award. A.3b Mayor Dodd presented Anne Taylor of the Library Department with a 10-year employee service award. A. 3c Mayor Dodd presented Captain Rick Lewis of the Fire Department with a 10-year employee service award. A. 3d Mayor Dodd presented Vernon Lee Robinson of the Street Division with a 5-year employee service award. A. 3e Mayor Dodd presented Ira Shasteen of the Parks & Recreation Department with a 5-year employee service award. A.4 PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd explained that this item gives applicants an opportunity to present board applications to the City Council. No one came forward to present a board application to the City Council. A.10 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. ITEMS B.1 THROUGH B.12. Mayor Dodd explained 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 being established in order to speed up discussion for those items that need more time for discussion. Councilman Phelps moved to add Items C.3, C.6, C.7, C.8, C.9, D.2, D.3, D.4 and D.6 to the Consent Agenda Items. Councilman Blair seconded the motion and all voted "aye." Councilman Phelps moved to accept the below listed Consent Agenda as amended. Councilman Blair seconded the motion and all voted "aye." Vol. 54, Page 135 i. 0 B.1 APPROVED MINUTES OF COUNCIL MEETING OF FEBRUARY 15, 1988. B.2 APPROVED MINUTES OF COUNCIL MEETING OF MARCH 1, 1988. B.3 APPROVED ADOPTION OF RESOLUTION NO. 88-040 AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSING AGREEMENT WITH THE ST. LOUIS SOUTHWESTERN RAILWAY COMPANY PERMITTING THE CROSSING OF A PROPOSED 16-INCH WATER MAIN PROJECT BETWEEN MIDWAY ROAD AND INWOOD ROAD. B.4 APPROVED RESOLUTION NO. 88-041 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DALLAS COUNTY FOR ROADWAY MAINTENANCE WITHIN THE CITY OF FARMERS BRANCH. B.5 APPROVED ADOPTING RESOLUTION NO. 88-045 ACCEPTING A 152.00 SQUARE FOOT RETAINING WALL EASEMENT DEDICATED TO THE CITY OF FARMERS BRANCH BY THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT. B.6 APPROVED ADOPTING RESOLUTION NO. 88-046 ACCEPTING A 244.40 SQUARE FOOT RETAINING WALL EASEMENT DEDICATED TO THE CITY OF FARMERS BRANCH BY MRS. W. CHARLOTTE GOOD LOCATED AT 2363 VALWOOD PARKWAY. B.7 APPROVED AUTHORIZING THE EXECUTION OF A CONTRACT WITH THE FILM COMMISSION OF NORTH TEXAS. B.8 APPROVED AUTHORIZING THE EXECUTION OF A REVISED CONTRACT WITH METROCREST YOUTH & FAMILY SERVICES, INC. FOR FUNDING AS PROVIDED IN THE 1987-88 BUDGET. B.9 APPROVED AUTHORIZING ADVERTISEMENT FOR BIDS FOR COX PARK IMPROVEMENTS. B.10 APPROVED AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE ANNUAL SUPPLY OF PORTLAND CEMENT CONCRETE FOR THE STREET DIVISION. B.11 APPROVED AUTHORIZING THE CITY ADMINISTRATION TO ADVERTISE FOR BIDS FOR REPLACEMENT OF AIR CONDITIONING UNIT AT RECREATION CENTER AUXILIARY GYMNASIUM. B.12 APPROVED AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR BODY ARMOR FOR 61 SWORN POLICE OFFICERS. C.3 APPROVED REQUEST OF CENTRE DEVELOPMENT CO., INC. FOR APPROVAL OF A SITE PLAN ON A 9.1 ACRE TRACT OF LAND LOCATED AT 13755 DIPLOMAT DRIVE AND WITHIN THE PLANNED DEVELOPMENT NO. 22 ZONING DISTRICT. Vol. 54, Page 136 C.6 APPROVED THE EXECUTION OF DEVELOPER'S CONTRACT WITH A TEXAS JOINT VENTURE FOR C.7 APPROVED THE EXECUTION OF DEVELOPER'S CONTRACT WITH ASSOCIATES, A DELAWARE JO: WEST PHASE 3. A MODIFICATION OF A PARK WEST C-3 ASSOCIATES, PARK WEST PHASE 3. A MODIFICATION OF A PARK WEST/FAIRVIEW ENT VENTURE FOR PARK C.8 APPROVED THE REQUEST BY PARK WEST/FAIRVIEW ASSOCIATES FOR AN AMENDMENT TO THE DEVELOPER'S CONTRACT OF PARK WEST PHASE 3. C.9 APPROVED THE REQUEST BY PARK WEST C-3 ASSOCIATES FOR AN AMENDMENT TO THE DEVELOPER'S CONTRACT OF PARK WEST PHASE 3. D.2 APPROVED RESOLUTION NO. 88-038 AUTHORIZING THE CITY MANAGER TO FILE A PETITION WITH THE TEXAS WATER RIGHTS COMMISSION TO APPEAL NEW DALLAS WATER RATES, AND CONTINUING TO RETAIN SPECIAL COUNSEL TO AID THE CITY IN THIS REGARD. D.3 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1760 LEVYING ASSESSMENT RATE ON SENLAC DRIVE PAVING PROJECT. "AN ORIDNANCE LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING PORTIONS OF CERTAIN STREETS IN THE CITY OF FARMERS BRANCH, TO-WIT: SENLAC DRIVE FROM THE NORTH RIGHT-OF-WAY LINE OF VALLEY VIEW LANE, NORTHWARD AND CROSSING THE FARMERS BRANCH CARROLLTON FLOOD CONTROL DISTRICT RIGHT-OF-WAY TO THE SOUTH RIGHT-OF-WAY LINE OF DIPLOMAT DRIVE; FIXING CHARGES AND LIENS AGAINST THE PROPERTY ABUTTING THEREON AND AGAINST THE REAL AND TRUE OWNERS THEREOF; PROVIDING FOR COLLECTION OF SUCH ASSESSMENTS; AND PROVIDING WHEN THIS ORIDNANCE SHALL TAKE EFFECT." D.4 APPROVED RESOLUTION NO. 88-043 APPROVING COLORS AND WALLPAPER FOR THE OLD CHURCH AT THE HISTORICAL PARK. D.6 APPROVED RESOLUTION NO. 88-050 ADOPTING A BUDGET FOR THE CITY'S CAPITAL IMPROVEMENT PROGRAM. C.1 CITY MANAGER REPORTS. City Manager, Richard Escalante, reported that the staff is promoting a suggestion box system, and stated that he hopes through this process the staff can make improvements and respond to some of the employees concerns. Mr. Escalante stated that he has found the employees' interest in the Vol. 54, Page 137 suggestion box system extraordinary and has found the process of researching and responding to the suggestions "enlightening." The City Manager gave an informative report on other programs and projects of various departments in the City. C.2 PUBLIC HEARING: CONSIDER REQUEST OF THE DALHO CORP. FOR A SPECIFIC USE PERMIT FOR A FUEL FACILITY IN PLANNED DEVELOPMENT ZONING DISTRICT NO. 22 ON PROPERTY LOCATED AT 1885 VALLEY VIEW LANE; AND TO CONSIDER AN AMENDMENT TO THE THOROUGHFARE PLAN TO DELETE A PROPOSED NORTH- SOUTH SECONDARY STREET PRESENTLY ON THE THOROUGHFARE PLAN, AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that the staff recommended this Public Hearing be continued to the April 4, 1988 City Council Meeting. Councilman Blair moved to continue this Public Hearing to the April 4, 1988 City Council Meeting. Councilman Dunagan seconded the motion and all voted "aye." C.3 Consent Agenda C.4 Councilman and City agreement ordinance removed fri Councilman Councilman CONSIDER ADOPTING ORDINANCE NO. 1761 ESTABLISHING REVISED ZONING PERFORMANCE AND DEVELOPMENT STANDARDS FOR THE PLANNED DEVELOPMENT NUMBER FIFTY-ONE ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Phelps explained that in order to give the staff Attorney the opportunity to study and reach an with Centre Development on the wording of an Centre Development has requested this item be Dm the the agenda. Blair moved to remove Item C.4 from the agenda. Weidinger seconded the motion and all voted "aye." C.5 CONSIDER REQUEST BY DELBERT A. WALTERS, ON BEHALF OF THE AMERICAN DIABETES ASSOCIATION, DENTON COUNTY CHAPTER, TO ALLOW A RABIES VACCINATION CLINIC AT DON SHOWMAN PARK ON MAY 7, 1988. Mayor Dodd explained that Dr. Walters has requested permission to use a City Park for a rabies clinic to raise funds for the American Diabetes Association, Denton County Chapter. Approval is requested for a one day event on May 7, 1988 or May 14, 1988 in the event of rain. The clinic will be conducted by both Dr. Walters and Dr. Pendery, who have offices in Farmers Branch. Vol. 54, Page 138 Mayor Dodd further explained that temporary uses of a Civic and Philanthropic nature are allowed in any zoning district of the City by resolution of the City Council. Staff recommends that Resolution No. 88-048 be approved as requested. Dr. Delbert A. Walters was present to explain the program. The City Manager stated he has no problem with the contents of Resolution No. 88-048 and would provide for the appropriate people to make the program work. Dr. Walters stated he no longer is requesting that a Dip Day be part of the program. Councilman Weidinger moved to approve Resolution No. 88-048 as recommended by the staff. Councilwoman Davis seconded the motion and all voted "aye." C.6 Consent Agenda C.7 Consent Agenda C.8 Consent Agenda C.9 Consent Agenda D.1 CONSIDER APPOINTING ELECTION JUDGE AND ALTERNATE ELECTION JUDGE FOR THE MAYOR AND CITY COUNCIL ELECTION TO BE HELD MAY 7, 1988. Mayor Dodd explained that the Election order was passed by the City Council at the February 15, 1988 meeting. The Order calls for the appointment of an Election Judge and an Alternate Election Judge. Councilman Weidinger suggested Bill Morgan for the Election Judge and Jim Smith for the Alternate Election Judge, subject to their agreement. Mayor Dodd expressed that in order to have a fair and open election, whoever is chosen for the Election Judge and the Alternate Election Judge should be individuals not involved in someone's campaign. Councilman Weidinger moved to appoint Bill Morgan as the Election Judge and Jim Smith as the Alternate Election Judge for the May 7, 1988 election. Councilman Dunagan seconded the motion and all voted "aye." D.2 Consent Agenda Vol. 54, Page 139 D.3 Consent Agenda D.4 Consent Agenda D.5 CONSIDER ADOPTING RESOLUTION NO. 88-042 APPROVING CHANGE ORDER NO. 2 TO THE CONSTRUCTION CONTRACT FOR MALLON PARK IMPROVEMENTS AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that the Mallon Park Improvements on Farmers Branch Creek consist of silt removal and construction of a milsap stone retaining wall along the perimeter of the lake and islands. The project is a part of the CIP Program and was awarded to Parlay Development Company in the amount of $206,090.00. Change Order No. 1 for a safety fence added $1,091.46, bringing the present total to $207,181.47. Change Order No. 2 is in the amount of $8,812.85. This Change Order is to provide planting areas for future landscaping of the park. The retaining walls on the southwest side of the park will be extended and raised by one foot. This will accommodate the proposed planting beds that are contained in the 1988 Mallon Park Irrigation and Landscaping Project. Funding is available from the project account. The City Engineer recommends adoption of Resolution No. 88-042 approving Change Order No. 2. Councilwoman Davis moved to approve Resolution No. 88-042 approving Change Order No. 2 to the construction contract for Mallon Park improvements. Councilman Weidinger seconded the motion and all voted "aye." D.6 Consent Agenda D.7 CONSIDER ADOPTING RESOLUTION NO. 88-031 AWARDING A BID TO LONE STAR PAVING FOR CONSTRUCTION OF CHANNEL LINING REPAIRS IN THE CREEK ADJACENT TO THE MARSH LANE PUMP STATION AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that the Belt-Marsh Pump Station is bordered on the north and west by a concrete lined channel which is a tributary of Rawhide Creek. Approximately 150 linear feet of the channel lining suffered severe damage when the east bank of the channel failed. The budget for repairs of the existing channel lining has been established in the amount of $70,000.00 from non-bond revenue sources. Mayor Dodd further explained that six bids were received for the subject project on February 5, 1988. The low bid was submitted by Lone Star Paving in the amount of $44,000.00. Vol. 54, Page 140 The construction covered under this contract may be completed within 45 calendar days. Due to the nature of the damage to the existing channel lining, the extent of repairs required cannot be precisely determined at this time. Additional work may be warranted which will not be evident until the removal of existing debris from the channel. The City Engineer recommended that the Channel Lining replacement adjacent to the Belt-Marsh Pump Station be awarded to Lone Star Paving in the amount of $44,000.00 by adopting Resolution No. 88-031. Councilman Blair moved to adopt resolution No. 88-031 as recommended by the City Engineer. Councilman Phelps seconded the motion and all voted "aye." D.8 CONSIDER ADOPTING RESOLUTION NO. 88-049 AWARDING THE BID ON DENTON ROAD BRIDGE REPLACEMENT PROJECT TO BURTRON CORPORATION AND TAKE APPROPRIATE ACTION. Mayor Dodd explained that the Denton Road Bridge Replacement Project consists of two alternate bids. Alternate "A" is to replace the existing structure with a 36 foot single opening span and Alternate "B" to be four concrete box culverts. Seven bids were received on March 3, 1988. The low bidder on both alternates was Burtron Corporation with a bid of $64,869.00 on Alternate "A" and $59,649.00 on Alternate "B" with contract time of 30 calendar days on each alternate. The budgeted amount on this project is $150,000.00 The City Engineer recommends that the Alternate "A" bid on Denton Road Bridge Replacement be awarded to Burtron Corporation in the amount of $64,869.00. Jerry Murawski, City Engineer, came forward to explain the bids and the alternates further. Councilwoman Davis asked the City Engineer if these bridge sections could be used elsewhere if this bridge was reworked in the future. Mr. Murawski stated this bridge can be a permanent improvement or the sections can be used elsewhere later. Councilman Phelps moved to adopt Resolution No. 88-049 awarding the Alternate "A" bid on Denton Road Bridge replacement project to Burtron Corporation as recommended by the City Engineer. Councilman Dunagan seconded the motion and all voted "aye." D.9 CONSIDER COUNCIL TRAVEL REQUESTS AND TAKE THE Vol. 54, Page 141 APPROPRIATE ACTION. This item is placed on the agenda for Council discussion and consideration. There were no Council travel requests to be considered. D.10 CONSIDER ACCEPTANCE OF THE RESIGNATION OF COUNCILMAN DAVE BLAIR AND TAKE THE APPROPRIATE ACTION. Councilman Dave Blair requested that this item be placed on the agenda. Councilman Blair personally submitted a letter of resignation to the Council leaving Place 1 vacant. Councilwoman Davis moved to accept the resignation of Councilman Dave Blair. Councilman Weidinger seconded the motion and all voted "aye." Councilman Dunagan stated it has been a pleasure working on the same Council with Dave Blair. Councilman Weidinger expressed pride in being involved in the selection of Dave Blair to Place 1, and stated he is sorry to see him go. Councilman Phelps stated it has been a pleasure working with Dave Blair who always conducted himself as a gentleman. Mayor Dodd stated this Council has worked as a team while at the same time has maintained their individual tastes. D.11 CITIZEN PARTICIPATION. No one wished to speak during this time. STUDY SESSION EXECUTIVE SESSION RECONVENED FOR COUNCIL. THE COUNCIL CONTINUED THE 3:00 P.M. EXECUTIVE SESSION OF THE STUDY SESSION UNTIL THIS REGULAR COUNCIL MEETING AT 7:30 P.M. FOR ACTION. b. DISCUSS LAND ACQUISITIONS - Article 6252-17, Sec. 2 (f) 1. DISCUSS CONSIDERATION OF ACQUISITION OF PROPERTY RELATIVE TO THE STREIFF PROPERTY IN FARMERS BRANCH CREEK. Councilman Weidinger moved to instruct the staff to proceed with settlement of the Streiff property as outlined. Councilman Phelps seconded the motion and all voted "aye." F.1 ADJOURNMENT. Vol. 54, Page 142 L A motion by Councilman Dunagan Weidinger with all voting "aye" meeting of March 14, 1988 at 8:30 John Dodd t~ City Secretary and a second by Councilman adjourned the City Council p.m. Vol. 54, Page 143