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1988-05-09 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 05/09/88 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor John Dodd - Dave Blair Mayor Pro Tem Calla Davis Councilmembers Nancy Hardie John Dunagan - Jeff Binford Bob Phelps - Bill Moses 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 John Boyle City Secretary Ruth Ann Parish Director of Community Services Tom Scales Director of Public Works Earl Deland Traffic Engineer Larry Cervenka Mayor Dodd called the City Council Meeting of 05/09/88 to order at 7:29 p.m. The meeting was televised. A.1 INVOCATION Police Chaplan Rev. Don Primm gave the invocation. Councilman Weidinger led the pledge of allegiance. A.2 CONSIDER PROCLAIMING THE WEEK OF MAY 15TH-21ST AS "NATIONAL POLICE WEEK" AND MAY 1577 AS "POLICE MEMORIAL DAY" IN THE CITY OF FARMERS BRANCH. Mayor Blair presented the following information. The Congress of the United States of America has designated the week of May 15th through May 21st to be dedicated as "National Police Week" and May 15th to be "Police Memorial Day." To emphasize "National Police Week" and "Police Memorial Day" on a local level, the City of Farmers Branch can join other cities nationwide in proclaiming the week of May 15th as "National Police Week" and May 15th as "Police Memorial Day." Vol. 55, Page 39 1-7 A motion by Councilwoman Davis, a second by Councilman Weidinger, all voting "aye", proclaimed the week of May 15-21 as "National Police Week" and May 15th as "Police Memorial Day" in Farmers Branch. A.3 PRESENTATION OF BOARD APPLICATIONS. Mayor Blair asked if there was anyone in the audience that wished to present an advisory board application. No one came forth to present an application. B.1 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION Mayor Blair 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 from the consent items and place the item before the City 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. Councilwoman Davis made a motion to approve the following consent items (B.1 & B.2). Councilman Dunagan seconded the motion and all voted "aye" B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF MAY 2, 1988. B.2 APPROVED THE MINUTES OF COUNCIL SPECIAL MEETING OF APRIL 27, 1988. C.1 CANVASS THE ELECTION RETURNS OF THE MAY 7, 1988 CITY COUNCIL ELECTION. The following actions were taken to canvass and certify the results of the May 7, 1988 City Council Election. 1. The Mayor read the canvass statement. "I, Mayor John Dodd, declare that I have had in my possession the following items since the close of the polls at 7:00 P.M., May 7, 1988, one copy of the election returns, one copy of the poll list, and one copy of the tally list." The votes for each candidate are as follows: NUMBER OF VOTES: MAYOR: BOB PHELPS 1,125 DAVE BLAIR 1,773 COUNCILPERSON PLACE 2: CHUCK DAVIS 419 HOWARD R. HOLLOWAY 462 JEFF BINFORD 1,768 Vol. 55, Page 40 COUNCILPERSON PLACE 4: BILL MOSES 1,907 PAUL WATTEN (WRITE-IN) 455 The total votes cast in the Election were 2,927. 2. The City Council adopts Resolution No. 88-067 A motion by Councilwoman Hardie, a second by Councilman Weidinger, all voting "aye", adopted Resolution No. 88-067, "Canvass of the returns and declarations of the results of an election held in the City of Farmers Branch, Texas, on May 7, 1988, for the election of two Councilpersons and the Mayor". 3. Oath of Office administered to elected Mayor, and Council members Place 2 and Place 4. Mayor Dodd administered the oath of office serve the office as Councilman, Place 2, to serve the office as Councilman, Place Farmers Branch, the State of Texas. Mayor Dodd administered the oath of offi, serve the office as Mayor of the City of the State of Texas. to Jeff Binford to and, to Bill Moses 4, for the City of ::e to Dave Blair to Farmers Branch, in 4. Presentation of Certificates of Elections. Mayor Dodd presented Certificates of Election and a City lapel pin to each of the newly elected members of the City Council and presented Mayor Blair with an engraved gavel. C.2 PRESENTATION OF AWARDS TO MEMBERS OF THE CITY COUNCIL. Mayor Blair presented the outgoing members of the City Council with a watch and a certification certificate for having served on the City Council. Mayor Blair along with other members of the City Council expressed appreciation to John Dodd, John Dunagan and Bob Phelps for their dedication, devotion and dignity while serving on the City Council. Mr. Bill Glancy, former Councilmember, expressed appreciation for the dedication and love for the city that John Dodd showed while serving as Mayor of the city. C.3 ELECT MAYOR 'PRO TEM. Councilman Weidinger nominated Councilmember Calla Davis to serve as Mayor Pro Tem. Councilmember Hardie seconded the nomination. Councilman Weidinger made a motion to close the nominations. Councilman Moses seconded the motion and all voted "aye". Vol. 55, Page 41 A motion by Councilman Weidinger, a second by Councilman Binford, all voting "aye", elected Councilwoman Davis to serve Mayor Pro Tem of the City Council. C.4 CITY MANAGER REPORTS City Manager Richard Escalante gave an informative report on the various happenings and programs of the City Departments. C.5 DISCUSS STATUS OF THE WATER RATE CASE. Mayor Blair stated that before a statement on the water rate case is presented there is a need for the city Council to go into an executive session to discuss this case. A statement will be given in open session after the executive session. A motion by Councilman. Weidinger, a second by Councilman Moses, all voting "aye", removed this item for discussion at this point in the meeting and placed it for discussion in the Executive Session with a statement given after the Executive Session. C.6 DISCUSS CHANGING MEETING DATE OF MAY 23, 1988 AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated that the Council had established the next Council meeting date to be May 23, 1988 for the purpose of the canvassing the election in case there was a Council Election Run- off. Mayor Blair stated that since there was not a run-off election he suggested that the meeting date be changed back to the regular schedule which would be May 16, 1988. A motion by Councilman Weidinger, a second by Councilwoman Davis, all voting "aye", rescheduled the next Council meeting for May 16, 1988 instead May 23, 1988. D.1 CONSIDER ADOPTING RESOLUTION 88-079 TO DESIGNATE EMPLOYEES AUTHORIZED TO REPRESENT THE CITY WITH REGARD TO CERTAIN SERVICES AS OUTLINED IN THE CITY'S BANK DEPOSITORY CONTRACT. Mayor Blair presented the following information for consideration. Provisions of the City's Bank Depository Contract require that the City designate employees authorized to represent the City with regard to certain services by City Council resolution. Specifically the City is to provide the City's Bank Depository, First City Bank - Farmers Branch, with the names of employees authorized to enter into safe deposit box contracts, and to initiate wire transfers on behalf of the City. Additionally, although not specifically required by the contract, the City's Bank Depository recommends that the City should designate the signers on all Bank accounts by means of City Vol. 55, Page 42 Council resolution. A motion by Councilman Weidinger, a second by councilwoman Hardie, all voting "aye", adopted Resolution No. 88-079 that designates any two signatures of the following: City Manager, Director of Finance, City Secretary and Chief Accountant as employees authorized to sign checks, and designated the Director of Finance and Chief Accountant as employees authorized to initiate wire transfers and enter into safe deposit box contracts. D.2 CONSIDER RESOLUTION NO 88-078 AUTHORIZING THE FUNDING FOR THE CITY'S CONTINUED PARTICIPATION IN THE INTER- JURISDICTIONAL MANAGEMENT PROGRAM ON THE TRINITY RIVER THROUGH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND TAKE APPROPRIATE ACTION Mayor Blair presented the following information for consideration. The City of Farmers Branch has been an active participant with eight other member cities of the North Central Texas Council of Governments (NCTCOG) that are along the Elm Fork, West Fork, and Main Stem of the Trinity River in the "Common Vision". The "Common Vision" is an interjurisdictional management program to regulate and manage growth along the river to preserve the present level of flood protection;.it is not an encroachment on the authority of the local governments but rather a cooperative effort facilitated through the North Central Texas Council of Governments. The funding requested is in the amount of $2,660.00 to cover the City's share of the costs through March 31, 1989. The City's share is based on percentage of Floodplain (2.7%) along the river. The funds are available from General Fund Contingencies. Mayor Blair stated that it is to the city's benefit that the City continue efforts with the North Central Texas Council of Governments in this management program and recommended that Councilwoman Davis to continue working with NCTCOG. Councilwoman Davis made a motion to adopt Resolution No. 88-078 that authorizes funding participation in the amount of $2,660.00 in the NCTCOG "Common Vision" management program. Councilman Binford seconded the motion. Councilman Weidinger asked to amend the motion to include that Councilwoman Calla Davis be the Council liaison to the NCTCOG. Councilmembers Binford and Davis accepted the amendment. The motion and amendment carried with all voting "aye". D.3 CONSIDER APPROVING RESOLUTION NO. 88-080 AUTHORIZING THE CITY MANAGER TO SIGN A BOUNDARY ADJUSTMENT AGREEMENT WITH THE CITY OF DALLAS AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. City Pointe Northwest is an approximate 180 acre development planned for the northwest quadrant of LBJ and Stemmons. The Farmers Branch - Dallas city boundary line meanders through the development and does not always follow easily recognized land- Vol. 55, Page 43 marks. A minor city boundary line adjustment is proposed to establish more clear demarcation lines and allow a more efficient delivery of city services. The adjustment will annex 1.22 acres to the City and disannex 0.24 acres. Dallas has approved a similar resolution. The actual boundary adjustment will be done by ordinance at a future date, following proper notifications and public hearing. Tom Scales, Director of Community Services, explained that this item is the first step to adjust the city limit boundaries of Farmers Branch and Dallas to accommodate the request of City Pointe Northwest development. A motion by Councilman Weidinger, a second by Councilman Moses, all voting "aye", adopted Resolution No. 88-075 that authorizes the City Manager to sign a boundary agreement. D.4 CONSIDER SUBMITTING RECOMMENDATION TO NOMINATING COMMITTEE OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR MEMBER ON THE EXECUTIVE BOARD AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The North Central Texas Council of Governments President Joe Regian requests the city to submit a recommendation to the Nominating Committee to serve on the NCTCOG's Executive Board. The Nominating Committee will consider all recommendations submitted and will present the nominations at the General Assembly meeting on June 10, 1988. Councilman Weidinger nominated Mayor Blair to serve as the City's voting representative on the NCTCOG's 1988-89 Executive Board. Councilman Moses second the nomination. Councilman Binford made a motion that the nominations cease and that Mayor Blair be the City's representative on the NCTCOG's 1988-89 Executive Board. Councilman Weidinger second the motion and all voted "aye". D.5 CONSIDER ADOPTING RESOLUTION NO. 88-075 WHICH ACCEPTS A 650 SQUARE FOOT UTILITY EASEMENT FOR STREET LIGHT INSTALLATION, DEDICATED BY LORRAINE A. PETERS. Mayor Dodd presented the following information for consideration. In exchange for installation of a street light, the property owner of 3027 Randy Lane, dedicated a 5 foot utility easement. The easement will facilitate electrical connections to existing utilities. Resolution No. 88-075 is for acceptance of this dedicated utility easement. A motion by Councilman Weidinger, a second by Councilman Moses, all voting "aye", adopted Resolution No. 88-075 that accepts the utility easement from Ms. Lorraine Peters of 3027 Randy Lane for the purpose of installing a street light. Vol. 55, Page 44 D.6 CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE DRAINAGE SYSTEM AT THE SENLAC SERVICE CENTER PARKING LOT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Storm Drainage System for the Senlac Service Center Parking Lot is part of the 1987-88 Non-Bond Capital Improvement Program. The system is designed to collect storm water runoff from the parking lot and convey it through an underground conduit system to discharge into the sump paralleling Cooks Creek immediately north of the Service Center site. The design of the storm sewer is fully compatible with the future remodeling of the Service Center. The cost to construct this system is estimated to be $9,720.00 and will take approximately 21 days to complete. Funding is available from $10,000.00 budgeted for this project. City Manager Richard Escalante stated that the drainage system at the service center is badly needed and the City Staff recommends the authorization to advertise for bids. A motion by Councilman Moses, a second by Councilman Binford, all voting "aye", authorized the advertisement for bids for the storm sewer drainage system for the Service Center parking lot as recommended by the City Staff. D.7 CONSIDER APPROVAL OF PURCHASE OF CURTAINS FOR THE GILBERT HOUSE. Mayor Blair presented the following information for consideration. The Historical Preservation & Restoration Board is recommending that cotton muslin curtains be purchased and installed in the Gilbert House. After several months of research, several vendors were found that would hand sew the curtains and install on wooden dowels in a manner typical of the mid-nineteenth century. Cost for the curtains is $546.00 installed. There is $4,600 remaining in the Board's budget to cover the necessary expense. The Historical. Preservation & Restoration Board recommends that cotton muslin curtains be purchased and installed in the Gilbert House for $546.00. Funding to be provided from the Historical Preservation & Restoration Board's 1987-88 Budget Account. John Burke, Parks & Recreation Director, vendors came out to the site and then gave A motion by Councilman Binford, a sec, Davis, all voting "aye"," approved the muslin curtains for the Gilbert House explained that the their quotes. Dnd by Councilwoman purchase of cotton in the amount of Vol. 55, Page 45 $546.00 as recommended by the Historical Preservation and Restoration Board. D.8 CONSIDER TRAVEL REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated that the Texas Municipal League 23rd Institute for Mayors, Councilmembers and Commissioners would be held in Austin, June 24-26, 1988. Mayor Blair stated that this would be of benefit to the members of the Council if there were members interested in attending. A motion by Councilman Weidinger, a second by Councilwoman Davis, all voting "aye", authorized the travel expenses for any member of the City Council desiring to attend the TML 23rd Institute for Mayors, Councilmembers and Commissioners held in Austin, Texas, June 24-26, 1988. D.9 CITIZEN PARTICIPATION. Ray Flaherty, 13220 Challaburton, expressed appreciation to the City Council on the way their meeting was conducted and wished them well in the future decisions that would be made for the best interest of the City. MAYOR BLAIR ANNOUNCED THAT AN EXECUTIVE SESSION WILL BE HELD. THE MEETING WILL RECONVENE INTO OPEN SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 -EXECUTIVE SESSION A. DISCUSS WATER RATE CASE BETWEEN THE CITY OF FARMERS BRANCH AND THE CITY OF DALLAS. Assistant City Manager Steve Carpenter discussed with the members of the City Council of plans to have another meeting in Austin with the Attorneys to discuss the water rate case. THE COUNCIL RECONVENES INTO GENERAL SESSION. E.11. CONSIDER NECESSARY ACTION DISCUSSED IN THE EXECUTIVE SESSION RELATING TO PENDING AND CONTEMPLATED LITIGATION. Mayor Blair announced that the only subject discussed in the Executive Session related to the water rate case as notice was posted. Mayor Blair stated that on April 27, 1988 representatives of the City Council, the City Staff and Counselors met in Austin to discuss the water rate case between the City of Farmers Branch and The City of' Dallas. Assistant Chief Examiner Duncan Norton of the Texas Water Commission Staff called the meeting for the purpose of both cities trying to attempt a Vol. 55, Page 46 negotiated settlement of the water rate case which has been ongoing for 15 years. At this meeting, it was agreed that the City of Dallas would present a settlement agreement proposal to the City of Farmers ranch by May 3rd, that the City of Farmers Branch would respond to that proposal by May 10th, and that both cities would meet again in Austin on May 17, 1988 to see if progress towards a settlement had been achieved. Mayor Blair continued that the City of Dallas did present their proposal and after careful study by the Council, City Staff and City's consultants, it is the belief that the Dallas proposal as presented is not acceptable. Due to the request for confidentially by Dallas, the exact proposal made cannot be disclosed at this time. Mayor Blair stated that the City Council feels that it is their responsibility to keep the citizens as informed as possible. A response is being prepared to Dallas that will have the following factors that must be considered in reaching a settlement: _1. Dallas will have to acknowledge that overcharges have been made to Farmers Branch since 1973 and credit Farmers Branch for those overcharges plus interest before any settlement can be reached. 2. A consistent and fair rate methodology will have to be presented before the City of Farmers Branch will sign a contract. 3. Legal fees incurred by the City of Farmers Branch must be paid or credited to Farmers Branch by Dallas before a settlement can be reached. Mayor Blair stated that it is the intent of this City Council to pursue a negotiated settlement of the water rate case with Dallas on May 17th as long as Dallas recognizes the concerns of the City of Farmers Branch. The Council will always do what is in the best interest of citizens of Farmers Branch now and in the future in any deliberation and/or decision that is made. F.1 ADJOURNMENT. A motion by Councilman Weidinger, a second by Councilwoman Davis, all voting "aye", adjourned the May 9th City Council m ting a :10 P.M.. . r Mayor Dave Blair City Secretary vol. 55, Page 47