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1988-10-03 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING COUNCIL CHAMBER POLICE BUILDING OCTOBER 3, 1988 7:30 P.M. The following members of the City Mayor Mayor Pro Tem Councilmembers council were present: Dave Blair Calla Davis Nancy Hardie Jeff Binford Bill Moses Herb Weidinger The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager John Burke City Attorney John Boyle City Secretary Ruth Ann Parish Director of Community Services Tom Scales City Engineer Jerry Murawski Director of Parks & Recreation Jeff Fuller Director of Public Works Mark Pavageaux Traffic Engineer Larry Cervenka 7 U' Mayor Blair called the City Council Meeting of October 3, 1988 to order at 7:33 p.m. The meeting was televised. A.1 INVOCATION Councilman Moses gave the invocation and led the pledge of allegiance to the flag. RECOGNITION OF SPECIAL VISITORS Mayor Blair recognized and welcomed representatives from Boy Scout Troop 4733 who were present to observe a City Council meeting in working toward their citizenship badge. Present were Assistant Scout Masters, Ernest Riojas, Cory Bird and Richard Gilder along with 23 Boy Scouts. MAYOR BLAIR ANNOUNCED THAT THE CITY OF FARMERS BRANCH RECEIVED A SPORTSMAN TROPHY AT THE BIG BALL TOURNAMENT WHICH BECAUSE OF WEATHER BECAME A VOLLEY BALL TOURNAMENT OF THE FOUR AREA CITIES. THE TOURNAMENT WAS HELD ON SATURDAY, OCTOBER 1, 1988. THE CITY OF CARROLLTON WON FIRST PLACE AND WILL BE THE HOST OF THE TOURNAMENT NEXT YEAR. Vol. 55, Page 178 A.2 PRESENTATION OF SERVICE AWARDS Mayor Blair presented a 15 year employee service award to Nola Bauer and a 5 year award to Ruben Deleon, Jr., of the Public Utilities Department. A.3 PRESENTATION OF BOARD APPLICATIONS. This item gives applicants an opportunity to present board applications to the City Council. No applications were presented at this time. A.10 CONSIDER THE FOLLOWING AS CONSENT ITEM AND TAKE THE APPROPRIATE ACTION. ITEM B.1 - B.2. 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 the consent items and place the item before the Council for full discussion. The concept for the con- sent items is being established in order to speed up discussion for those items that need more time for discussion. A motion by Councilwoman Hardie, a second by Councilman Binford, all voting "aye", removed item B.1 from the Consent Items and tabled for corrections until the next meeting; and, added C.3, C.4, C.6, C.7 and D.6 to the Consent Agenda items. A motion by Councilman Weidinger, a second by Councilman Moses, all voting "aye", approved the following Consent Agenda Items; B.2, C.3, C.4, C.6, C.7 and D.6: B.2 ADOPTED RESOLUTION NO. 88-147 REJECTING ALL BIDS PERTAINING TO FIRE STATION NO. 2 IMPROVEMENTS AND MANSKE LIBRARY SIDEWALK IMPROVEMENTS AND AUTHORIZED THE REBIDDING OF THE MANSKE LIBRARY SIDEWALK IMPROVEMENTS. C.3 ADOPTED RESOLUTION NO. 88-150 APPROVING A DEVELOPER'S CONTRACT FOR FARMERS BRANCH KINGDOM HALL LOCATED AT THE SOUTHWEST CORNER OF HAVENHURST STREET AND ELDER STREET. C.4 ADOPTED RESOLUTION NO. 88-151 APPROVING THE FINAL PLAT FOR FARMERS BRANCH KINGDOM HALL LOCATED AT THE SOUTH- WEST CORNER OF HAVENHURST STREET AND ELDER STREET. C.6 APPROVED THE CONSTRUCTION PLANS FOR THE NEW CITY HALL. Vol. 55, Page 179. C.7 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR THE NEW CITY HALL. D.6 ADOPTED RESOLUTION NO. 88-149 AWARDING THE BID FOR THE INSTALLATION OF VALLEY VIEW LANE AND JOSEY LANE TRAFFIC SIGNAL EQUIPMENT C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report, highlighting the recent events in several departments. Mr. Escalante announced the following changes that have been made in positions of the city's organization. John Burke, formerly the Parks and Recreation Director has been named an Assistant City Manager; Jeff Fuller, formerly the Assistant Parks and Recreation Director has been named the Parks and Recreation Director; and, Mark Pavageaux, formerly the Assistant City Engineer has been named the Public Works Director. C.2 PUBLIC HEARING: CONSIDER A REQUEST FROM SAN PARTNERSHIP TO AMEND ORDINANCE NO. 1535, TO PERMIT THE OUTSIDE SALES AND DISPLAY OF NEW AND USED CARS AT 3340 BELTLINE ROAD; AND TO CONSIDER TERMINATING OR AMENDING AN EXISTING DEED RESTRICTION TO PERMIT THE DISPLAY AND SALES OF NEW AND USED CARS AND TAKE APPROPRIATE ACTION. Mayor Blair opened the public hearing by presenting the following: SAN Partnership is requesting an amendment to an existing specific use permit in order to allow the outside sales and display of new and used cars at 3340 Beltline Road. Currently, the owner is limited to the sale of new cars only, by Ordinance No. 1535 and a voluntary deed restriction on the property. The deed restriction may not be amended or terminated except through the same public hearing process afforded a zoning case. The Planning and Zoning Commission, by unanimous vote, recommends Ordinance No. 1535 be amended to permit the sale of new and used cars in accordance with the conditions contained in proposed Ordinance No. 1797, and that the existing deed restriction be terminated. Mayor Blair recognized Mr. Art Anderson, of 6400 First Republic Bank Plaza, Dallas, Texas, who was representing Mr. Bill Macabee of European Technology. Mr. Anderson very briefly requested that Council approve the recommendation of of the Planning and Zoning Commission. There being no one else wishing to speak A motion by Councilman Binford, a second by Mayor Pro Tem Davis, all voting "aye", closed the public hearing. Mayor Pro Tem Davis inquired of Mr. Anderson if he felt the Ordinance as it stands was too restrictive to keep his business interest competitive? Mr. Anderson replied that Vol. 55, Page 180 although there were many restrictions, that his client has agreed to them, and made other arrangements to overcome them. Councilman Binford suggested that the number of cars allowed be changed from ten (10) to eighteen (18) to allow European Technology the ability to compete with other businesses in the area. I I A motion was made by Mayor Pro Tem Davis, a second by Councilman Binford, to amend Ordinance 1535 by eliminating Section 3.B from the Ordinance, failed by a vote of 3 to 2, with Councilmembers Hardie, Moses and Weidinger voting "nay", and Councilman Binford and Mayor Pro Tem Davis voting "aye". There was a lengthy discussion to amend Ordinance 1535, Section 3.B by allowing eighteen (18) parking spaces versus the recommended ten (10). A motion by made by Councilman Weidinger, a second by Councilman Moses, all voting "aye", amended Ordinance No. 1535 by approving the following captioned Ordinance No. 1797 which amended Section 3.B to read eighteen (18) available spaces, and terminated the existing deed restrictions. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AS HERETOFORE AMENDED, BY AMENDING ORDINANCE NO. 1535 WHICH GRANTED A SPECIFIC USE PERMIT FOR OUTSIDE SALES OF NEW CARS ON PROPERTY LOCATED AT 3340 BELTLINE ROAD AND WITHIN A LIGHT INDUSTRIAL ZONING DISTRICT BY PROVIDING FOR THE SALE OF USED CARS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. C.3 CONSENT ITEM. C.4 CONSENT ITEM. C.5 CONSIDER DISCUSSION OF SELMA LANE RESURFACING PROJECT AT THE REQUEST OF HOMEOWNERS IN THE 3000 BLOCK AND TAKE THE APPROPRIATE ACTION. This item has been placed on the agenda at the request of Mrs. June Trezza, 3040 Selma Lane. A motion by Councilman Weidinger, a second by Councilman Moses, all voting "aye", continued this item of request until the next meeting since there was no one present to make the presentation. C.6 CONSENT ITEM. Vol. 55, Page 181 C.7 CONSENT ITEM. D.1 CONSIDER ORDINANCE NO. 1795 AMENDING WATER RATE CHARGES AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The adopted 1988-89 budget includes a 3% increase in water rates. Ordinance No. 1795 would raise water rates 3% in the 1988-89 budget year. A 3% increase will generate an additional $115,345. The total revenue for water projected in the 1988-89 budget is $4,060,165. The additional funds are needed for the operation of the Utility Department. The increase will go into effect on October 3, 1988. The City Manager recommends Ordinance No. 1795 be approved. A motion by Councilwoman Hardie, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 1795 that amends the water rate charges: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 1 OF ORDINANCE NO. 1735, SETTING FORTH THE MONTHLY RATES OR CHARGES FOR SERVICE BY THE WATER WORKS SYSTEM OF HE CITY FOR VARIOUS TYPES OF RESIDENTIAL DWELLINGS, BUSINESSES OR COMMERCIAL ESTABLISHMENTS, OR COMBINATION THEREOF WHEN SUCH COMBINED UNITS ARE TO BE CHARGED SEPARATELY FOR SERVICE; AND PROVIDING THAT ALL PORTIONS OF OTHER ORDINANCES NOT IN CONFLICT WITH THIS ORDINANCE SHALL REMAIN IN FULL FORCE AND EFFECT; AND DECLARING AN EMERGENCY. D.2 CONSIDER ORDINANCE NO. 1796 AMENDING SANITARY SEWER RATE CHARGES AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The adopted 1988-89 budget includes a 3% increase in sewer rates. Ordinance No. 1796 would raise sewer rates 3% in the 1988-89 budget year. A 3% increase will generate an additional $64,583. The total revenue for sewer projected in the 1988-89 budget is $2,217,332. The additional funds are needed for the operation of the Utility Department. The increase will go into effect on October 3, 1988. The City Manager recommends Ordinance No. 1796 be approved. A motion by Councilman Moses, a second by Councilman Weidinger, all voting "aye", adopted the following captioned Ordinance No. 1796 that amends the sanitary sewer rate charges: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 1 OF.ORDINANCE NO. 1736 SETTING FORTH THE MONTHLY RATES OR CHARGES FOR SERVICES Vol. 55, Page 182 FURNISHED BY THE SANITARY SEWER SYSTEM; PROVIDING THAT ALL PORTIONS OF OTHER ORDINANCES NOT IN CONFLICT WITH THIS ORDINANCE SHALL REMAIN IN FULL FORCE AND EFFECT; AND DECLARING AN EMERGENCY. D.3 CONSIDER ADOPTION OF RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDING A CONTRACT TO M. RAY PERRYMAN AND ASSOCIATES FOR THE TARGETED INDUSTRY STUDY IN AN AMOUNT NOT TO EXCEED $16,800 AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. A key component for an effective marketing program should be the identification of major industrial sectors with a strong likeli- hood of locating in an area. Targeting allows for the most efficient use of the marketing budget. As the city desires to maximize our advertising dollars and marketing efforts, we have solicited three proposals from consulting firms for a study. Perryman and Associates has recently located an office in Farmers Branch and is well known in economic circles. Their approach to a targeted study is comprehensive and thorough. Staff recommends that the contract be awarded to Perryman and Associates in the amount of $16,800.00. A motion by Councilman Weidinger, a second by Councilman Moses, all voting "aye", adopted Resolution No. 88-155 that authorizes the City Manager to execute a contract with Perryman and Associates in the amount of $16,800.00 to perform a Target Industries Study. D.4 CONSIDER ADOPTING RESOLUTION NO. 88-152 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BARTON-ASCHMAN ASSOCIATES, INC. FOR CONSULTING SERVICES PURSUANT TO THE IMPLEMENTATION OF IMPACT FEES AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. A Selection Committee composed of City Staff personnel interviewed 5 consulting firms interested in performing the necessary tasks to implement an impact fee as mandated by Senate Bill 336. The Selection Committee determined the partnership of Barton-Aschman Associates, Inc. and J. T. Dunkin and Associates, Inc. best qualified to perform the necessary tasks for the City. Following the selection of this partnership, Staff began contract negotiations for the scope of work and costs of services. The proposed contract for services establishes a maximum cost of $144,000. The approved budget for 1988-89 appropriated $150,000 for consulting fees pursuant to the implementation of impact fees. The Staff feels that the information derived from the tasks performed will be needed, and of benefit to the City, even if an Vol. 55, Page 183 impact fee is not adopted. Staff recommends Resolution No. 88-152 be adopted authorizing the City Manager to enter into a contract with Barton-Aschman Associates, Inc. for consulting services pursuant to the implementation of impact fees. Mayor Pro Tem Davis recommended the adoption of Resolution No. 88-152, indicating the City needed to be assured of safeguards which would allow imput and guidance of the overall project. Councilman Weidinger expressed a concern regarding the services of Barton/Aschman Associates, Inc. and their performance in prior projects with the City. Councilman Wedinger cited incidences where concerns were stated during the development of the Master Thoroughfare Plan for the East side, and where the suggestions and recommendations and concerns were not considered by the representatives of Barton/Aschman. Tom Scales, Director of Community Services addressed Mayor Pro Tem Davis and Councilman Weidinger's concerns indicating the City has the authority to terminate this contract within seven (7) days, for failure to perform, with Barton/Aschman Associates, Inc. He further explained that the contract provides for 30 briefings during the project, and that by law the City must appoint an advisory committee to oversee and make recommendations. Mr. Scales stated that the Council does have the final authority on impact fees. Mr. Scales also indicated that there will be at least two public hearings to address land use assumptions and CIP Projects, required by Senate Bill 336. Mayor Blair recognized Mr. Jost representing Barton/Aschman Associates, Inc. Mr. Jost addressed the concerns of Councilman Weidinger. Mr. Jost indicated that he was prepared to assure Mayor Blair and the Council that he would personally oversee this project. He pledged to work closely with both Engineering and Community Services for a productive, successful project. Councilwoman Hardie made a motion to adopt Resolution No. 88-152 that authorizes the City Manager to enter into a contract with Barton-Aschman Associates, Inc., for the amount not to exceed $144,000.00, for consulting services pursuant to the implementation of impact fees. Mayor Pro Tem Davis seconded the motion. The motion carried 4 to 1 with Councilmembers Hardie, Davis, Binford and Moses voting "aye", and with Councilman Weidinger voting "nay". D.5 CONSIDER ADOPTING RESOLUTION NO. 88-148 AWARDING A BID FOR MORNINGSTAR PARK IMPROVEMENTS TO UNLIMITED CONSTRUCTION AND TAKE APPROPRIATE ACTION. Vol. 55, Page 184 Mayor Blair presented the following information for consideration. Morningstar Park Improvements is Bond Project P-12. There is $67,550.00 available in the project account for the improvements. Seven (7) qualified bids were received with low bid from Unlimited Construction for $72,466.83. Unlimited Construction has provided adequate qualifications and references for similar work. An additional $4,916.83 is needed to cover the contract amount. There is approximately $90,000 available in the Park Bond Fund Contingency Reserve to cover the additional monies needed. The City Engineer recommends that Morningstar Park Improvements be awarded to Unlimited Construction for $72,466.83 by adopting Resolution No. 88-148, and authorizing the use of Park Bond Fund Contingency Reserve for the additional amount needed above the $67,550.00 available in the project account. Mayor Blair inquired of Mr. Murawski, City Engineer, if the $67.550.00 figure was inclusive of the storm sewer work which was needed in that area. Mr. Murawski was not familiar with the details of the project, however, he assured Mayor Blair that he would research the subject and would report back. Councilman Binford expressed a concern that the $3,600 bid item for the sign for Morningstar Park was too high. City Engineer Murawski addressed Councilman Binford's concerns indicating that any item that is 5% of the overall contract amount is considered a major item. The deletion of any major item calls for an overall adjustment of the costs. The restraints of the contract mandate that the sign, at a cost of $3,600, be considered a major item of this overall $67,550 contract. Jeff Fuller, Director of Parks and Recreation indicated that the sign was included in the contract due to the fact the employee who had previously prepared signage for the area parks was no longer employed by the City of Farmers Branch. Mayor Pro Tem Davis suggested that in the future the City Staff might consider the omission of signs in the bid packages, thus allowing the City to contract out at a more affordable cost. A motion by Councilman Weidinger, a second by Mayor Pro Tem Davis, all voting "aye", adopted Resolution No. 88-148 that awarded the bid for the Morningstar Park Improvements to Unlimited Construction for the amount of $72,466.83, and, authorizes the use of Park Bond Fund Contingency Reserve for the additional amount needed above the $67,550.00 available in the project account. Vol. 55, Page 185 D.6 CONSENT ITEM. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Mayor Blair stated that this item is placed on the agenda to give the Council the opportunity to give meeting reports and present requests for travel. Mayor Pro Tem. Davis presented a request to attend the Texas Municipal League Legislative Policy Committee on Governance Committee Meeting, October 14, 1988 in Austin, Texas. A motion by Councilman Weidinger, a second by Councilwoman Hardie, all voting "aye", approved the request of Mayor Pro Tem Davis to attend the Texas Municipal League, Governance Committee Meeting in Austin, Texas on October 14, 1988. D.8 CITIZEN PARTICIPATION. There was no one who wished to speak. MAYOR BLAIR ANNOUNCED THAT THE ITEMS ON THE AGENDA OR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS, THE MEETING WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL 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 PERSONAL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 EXECUTIVE SESSION. a. DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTMENTS TO THE PARKS AND RECREATION BOARD. 2. DISCUSS APPOINTMENTS TO THE INDUSTRIAL DEVELOPMENT CORPORATION BOARD OF DIRECTORS. A brief discussion was held to table the appointments to the above named boards. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Binford, a second by Councilman Weidinger, all voting "aye", continued the consideration of appointments to the Parks and Recreation Board and the Industrial Development Corporation Board. Vol. 55, Page 186 F.1 ADJOURNMENT. A motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", adjourned the City Council meeting of October 3, 1988 at 9:17 p.m.. Mayor Dave Blair C' y Secretary 1 Vol. 55, Page 187