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1988-12-19 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING DECEMBER 19, 1988 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers 1 Councilmember absent: Dave Blair Calla Davis Ron Pyle Jeff Binford Bill Moses Nancy Hardie The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Director of Community Services City Engineer Director of Parks & Recreation Director of Public Works Economic Development Director Public Information Officer City Manager Assistant Director of Fleet Maintenance Director of Finance Library Director Recording Secretary Richard L. Escalante Steve Carpenter John F. Burke Robert J. David Ruth Ann Parish Tom Scales Jerry Murawski Jeff Fuller Mark Pavageaux Norma Nichols Donna Huerta David Reedy Don Moore Doug Vanderslice Betty Kelley Elizabeth J. Nickelson Mayor Blair called the City Council Meeting of December 19, 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. A.2 PRESENTATION OF PLAQUE TO MRS. MARYANN CHAPMAN IN APPRECIATION OF SERVING ON THE FARMERS BRANCH HISTORICAL & RESTORATION BOARD. Vol. 55, Page 257 Mayor Blair presented the following information. Mrs. Chapman served on the Farmers Branch Historical Preservation and Restoration Board from January, 1982 until September, 1988. Mayor Blair presented Mrs. Chapman a plague in appreciation for her service to the Farmers Branch Historical Preservation and Restoration Board. A.3 PRESENTATION OF BOARD APPLICATIONS. Mayor Blair explained that this item gives applicants an opportunity to present board applications to the City Council. No applications were presented at this time. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. ITEMS B.1 - B.8, D.1, and D.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 consent items is being established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Davis, a second by Councilman Binford, all voting "aye", added Items D.1 and D.2 to the Consent Agenda. Mr. Marty Griehrl inquired of the Council to explain Item B.8. Mayor Blair recognized City Attorney Robert J. David, who explained that precinct boundaries had been revised and that it was a formality for the City to designate a new Justice of the Peace Court as the official Registrar, in that Farmers Branch no longer falls within the boundaries of the Court which had previously acted as the Registrar. A motion by Mayor Pro Tem Davis, a second by Councilman Binford, all voting "aye, approved the following Consent Items; B.1-8, D.1, and D.2. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF DECEMBER 12, 1988. B.2 APPROVED REQUEST BY JAMES MCGINN AND ROBERT WINSLOW FOR REPLAT APPROVAL OF J.M. MCGINN ADDITION LOCATED NORTH OF VALWOOD PARKWAY, EAST OF JOSEY LANE. B.3 AUTHORIZED THE CITY TO ADVERTISE FOR BIDS FOR GAS, Vol. 55, Page 258 OIL, AND DIESEL SUPPLIES FOR THE WAREHOUSE DIVISION. B.4 ADOPTED RESOLUTION NO. 88-194 AWARDING BID FOR THE PURCHASE OF REPLACEMENT CARPET AND FOAM PADDING FOR THE EXERCISE FLOOR FOR THE RECREATION CENTER IN THE AMOUNT OF $5,850.00 TO TELCO SALES, SERVICE AND SUPPLY. B.5 ADOPTED RESOLUTION NO. 88-192 AWARDING BID FOR A ROTARY MOWER WITH BACKVAC ATTACHMENT FOR THE PARKS DEPARTMENT TO ROMNEY IMPLEMENT COMPANY, IN THE AMOUNT OF $12,743.00. B.6 REJECTED BID #89-07 AND GRANTED PERMISSION TO RE-ADVERTISE FOR IRRIGATION SUPPLIES FOR THE PARKS AND RECREATION DEPARTMENT. B.7 ADOPTED RESOLUTION NO.88-196 AWARDING BIDS FOR THE REPLACEMENT OF SMALL EQUIPMENT FOR THE PARKS AND RECREATION DEPARTMENT TO GOLDWAITES OF TEXAS IN THE AMOUNT OF $1,953; RICHARDSON SAW IN THE AMOUNT OF $8,826; AND PROFESSIONAL TURF EQUIPMENT IN THE AMOUNT OF $508.00. B.8 ADOPTED RESOLUTION NO. 88-202 APPOINTING THE JUDGE OF DALLAS COUNTY JUSTICE OF THE PEACE COURT, PRECINCT 3, PLACE 1, AS REGISTRAR OF VITAL STATISTICS OF THE CITY. D.1 ADOPTED RESOLUTION NO. 88-201 AS REQUESTED BY THE FARMERS BRANCH FLOOD CONTROL BOARD OF DIRECTORS TO RENAME THE DISTRICT TO THE VALWOOD IMPROVEMENT AUTHORITY AND THE READJUSTMENT OF TERMS OF OFFICE OF THE MEMBERS. D.2 ADOPTED RESOLUTION NO. 88-199 AUTHORIZING THE CITY POLICE DEPARTMENT TO OPERATE POLICE VEHICLES WITHOUT CITY MARKINGS. C.1 CITY MANAGER REPORTS. City manager Richard Escalante gave an informative report highlighting the Close-Up Program to be held in the Spring of 1989, which several area high school students will be participating in. The City of Farmers Branch will be providing after school employment, to six students to help defray the cost of their trip to Washington, D.C. The students will be earning a maximum of $400 each towards their expenses. C.2 PUBLIC HEARING: CONSIDER REQUEST OF WILLOWBROOK GROUP, INC. FOR APPROVAL OF A SPECIFIC USE PERMIT FOR AN Vol. 55, Page 259 INDOOR THEATER LOCATED AT 2825 VALLEY VIEW LANE AND WITHIN A LOCAL RETAIL-TWO (LR-2) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair announced that the Public Hearing was closed at the November 7, 1988 meeting, and that the discussion would continue. For review, Mayor Blair presented the following information. This item has been continued from the November 7, 1988 Council meeting meeting in order for Staff to secure additional information. Willowbrook Group, Inc. proposes to operate a motion picture theater at 2825 Valley View Lane. Willowbrook Group, Inc. has stated that they plan to show only main line films with G thru R ratings. Since the Council meeting of November 7, 1988, Willowbrook Group, Inc. has been turned over to Showorld, Inc. Willowbrook Group, Inc. is now a wholly owned subsidiary of Showorld Inc. Mr. Jim Harris (representing Willowbrook Group, Inc. at the previous Council meeting) is no longer a party to the request. All additional information gathered from the previous Council meeting has been presented to the Council, including detailed information about Showorld, Inc. and its key personnel. Also, the property owner has filed a deed restriction limiting the operation of the theater solely to Willowbrook Group, Inc. and requiring council approval prior to the operation by any other entity. The Planning and Zoning Commission, by unanimous vote, recommends that proposed Ordinance No. 1803 approving a specific use permit for an indoor theater at 2825 Valley View Lane be adopted. Mayor Blair recognized Mr. Terry Branson, of 7411 Hines, Dallas, Texas. Mr. Branson was questioned at great length by Mayor Pro Tem Davis, in reference to an unsigned letter of intent and information within his proposal and other pertinent matters. Mr. Branson continually assured the Council his business was solid and planned to operate within the guidelines set forth. Mayor Blair recognized Mr. Tom Scales, Director of Community Services, who reported to the Council that four of Mr. Branson's references had been contacted and they were either not in business, or had no knowledge of General Cinema's ownership involvement with their establishment. Mayor Pro Tem Davis explained to Mr. Branson that due to a recent seven-year battle to remove the previous tenant through litigation, the Council was forced to be in a position to have more substantial information, than has been provided to date. Vol. 55, Page 260 Councilman Binford made a motion to continue the discussion to the February 6, 1989 meeting, thus allowing council to properly review a fully executed letter of intent, investigate the principles, and allow time for the opening of the other theatres proposed. The motion failed for lack of a second. Mayor Blair recognized: 1. Mr. Dean Maxwell, 13726 Birchlawn, Farmers Branch, representing Hope Chapel, reported to the Council that his congregation would be meeting at the Theatre on Sunday mornings. 2. Mr. Dennis White, 2815 Valley View, Farmers Branch. Mr. White is the owner of the property located at 2815 Valley View, and the Lessor to Showorld, Inc. Mr. White indicated to the Council that from a business standpoint he was confident in issuing Showorld, Inc. a five-year lease, with a special provision of discounted rent for much of the term. Mr. White further stated that the Council had four levels of protection, and did not understand their further concern. Mayor Blair recognized Mr. Bob David, City Attorney who agreed that the City did have four very good levels of protection to assure compliance with the codes and restriction, however, was hesitant to assure the Council the enforcement of the same would not require litigation time to enforce. Councilman Moses stated that due to the fact Mr. White has been very patient and cooperative, Council needs to finalize their decision as soon as possible. A motion by Councilman Binford, a second by Councilman Pyle, all voting "aye", approved the continuation of the discussion of Agenda Item C.2 until the Council meeting of February 6, 1989, at which time the Council will be provided with sufficient information to make a decision. C.3 CONSIDER ADOPTING ORDINANCE NO. 1809 ORDERING AN ELECTION TO BE HELD FOR THE PURPOSE OF PRESENTING TO THE VOTERS OF THE CITY, FOR THEIR ACCEPTANCE OR REJECTION, AMENDMENTS TO THE CITY OF FARMERS BRANCH CITY CHARTER. Mayor Blair presented the following information. Ordinance No. 1809 ordering a City Charter Election for January 21, 1989 was before the Council at its meeting on December 12. The Council directed the City Staff to make several changes to the proposed Ordinance including the inclusion of a ballot proposition and accompanying Charter revisions proposing a Vol. 55, Page 261 single-member election plan. The revised Ordinance No. 1809 contains the requested changes and other procedural revisions. L Mayor Blair recognized: 1. Mr. Jim Colt, 14715 Cherry Hills, Farmers Branch. Mr. Colt inquired of the Council for a clarification of the wording in the proposed Charter Revision, relevant to length of terms. Mr. Colt is opposed to there being no limit to the number of terms Councilmembers may serve. 2. Mr. Ray Flaherty, 13220 Challaburton, Farmers Branch. Mr. Flaherty spoke commending the Council for their actions, relevant to the proposed Charter Revisions. 3. Mr. Marty Griehl, 3404 Mr. Griehl expressed his of Proposition No. 1, r, districting. Mr. Griehl ambiguously stated, and much more comfortable if plan" was included. Bevann, Farmers Branch. concern over the wording alating to single member feels the wording is indicated he would feel the wording "combination Following a brief discussion concerning the amendment of Proposition No. 4, prepared by the City Attorney, Mayor Pro Tem Davis made a motion, with a second by Councilman Binford, all voting "aye", approving the option to amend Proposition No. 4. Mayor Blair read the revised Proposition No. 4: SHALL ARTICLE II, SECTION 2.04 OF THE CITY CHARTER BE AMENDED TO PROVIDE A COMBINATION PLAN BY WHICH VACANCIES IN THE CITY COUNCIL SHALL BE FILLED BY APPOINTMENT OR ELECTION OR BOTH AS DETERMINED BY THE PERIOD OF TIME REMAINING IN THE UNEXPIRED TERM? f' A motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", approved the amended Proposition No. 4, amending Section 2.04. Mayor Blair announced that there are twenty-eight propositions for the Charter Revision Election Ballot. A motion by Mayor Pro Tem Davis, a Binford, all voting "aye", adopted captioned below, ordering an election 1989, for the purpose of presenting to for their acceptance or rejection of proposing amendments to the City of Charter. second by Councilman Ordinance No. 1809, to be held January 21, the voters of the City, the 28 Propositions Farmers Branch City Vol. 55, Page 262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD IN THE CITY OF THE 21ST DAY OF JANUARY, 1989, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF FARMERS BRANCH, TEXAS, FOR THE ADOPTION OR REJECTION THEREOF CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CITY CHARTER; DESIGNATING THE PLACE AT WHICH THE ELECTION IS TO BE HELD; APPOINTING ELECTION OFFICERS; MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. D.1 CONSENT ITEM. D.2 CONSENT ITEM. D.3 CONSIDER ADOPTION OF RESOLUTION NO. 88-197 APPROVING A DESIGN PROPOSAL WITH CONSOER, TOWNSEND AND ASSOCIATES, INC. FOR THE PRELIMINARY DESIGN STUDY FOR THE FARMERS BRANCH/ADDISON SANITARY SEWER INTERCEPTOR TUNNEL AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information. The City of Farmers Branch and the Town of Addison entered into an Interlocal Agreement for the preliminary design study of a tunnel to carry sanitary sewer affluent from both cities. The agreement was approved by the City Council on June 6, 1988. An advisory committee comprised of four (4) members from each City followed a formal consultant selection process to negotiate a design contract for the most qualified engineering design team. Consoer, Townsend & Associates, Inc. (CTA) was selected as the most qualified design engineer by the advisory committee and CTA has submitted a proposal to provide the design services in the amount not to exceed $79,620.00 with an estimated schedule of 120 days. The 1988-89 Non-Bond Capital Improvement Program budgets $40,000 for Farmers Branch's share. Addison has provided $40,000 for their share. The City Engineer recommends adoption of Resolution No. 88-197 approving a proposal from Consoer, Townsend & Associates, Inc. for the preliminary design study of the Farmers Branch/Addison Sanitary Sewer Interceptor Tunnel in the amount of $79,620.00. Vol. 55, Page 263 A motion by Mayor Pro Tem Davis, a second by Councilman Pyle, all voting "aye" adopted Resolution No. 88-197 approving a design proposal with Consoer, Townsend and Associates, Inc. for the preliminary design study for the Farmers Branch/Addison Sanitary Sewer Interceptor Tunnel, in the amount of $40,000 cost to the City of Farmers Branch. D.4 CONSIDER ADOPTING RESOLUTION NO. 88-198 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT TO REPAIR THE LIBRARY ELEVATOR NOT TO EXCEED $16,768. Mayor Blair presented the following information. The hydraulic elevator at the Library ceased operating on Thursday evening, December 8, 1988. Electrolysis had caused a hole to develop in the underground jack casing of the elevator. This creates a hardship to the public, especially the handicapped and the elderly and makes it difficult to move materials between floors. The repair of the elevator will consist of installing cathodic protection in the hole prior to installing a new jack casing which would be inserted in a capped PVC liner providing an improved method of protection. The Library and Building Maintenance staff are currently researching companies who can repair this problem. One quote of $16,768 has been received and more are being solicited. Funds are not budgeted for this repair and will be taken from the contingency account. The request for repair of the Library elevator is made prior to receiving all proposals so that the elevator can be repaired as quickly as possible. The Library Director recommends adopting Resolution No. 88-198 to authorize the City Manager to execute a contract to repair the Library elevator not to exceed $16,768. Mayor Blair recognized Assistant City Manager Steve Carpenter who explained that the price quoted was on the high end, and that the repair could feasibly be less than the $16,678.00. A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 88-198 authorizing the City Manager to execute a contract to repair the Library elevator, in an amount not to exceed $16,768.00. D.5 CONSIDER ADOPTING RESOLUTION NO. 88-191 AWARDING BIDS FOR CHEMICALS AND FERTILIZERS FOR THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information. Notice was sent to eleven vendors. Eight bids were returned, all eight met specifications. Two bids were no bids and one vendor did Vol. 55, Page 264 not submit a bid. Bids were received on 36 of 39 items. No bids were submitted for three items. These three items will be requisitioned separately at a later date. The estimated cost for these items is $3,000.00. The total of low bids is $74,790.24. There is $93,680.00 budgeted in the 1988-89 budget for chemicals and fertilizers. The Parks and Recreation Department recommends adopting Resolution No. 88-191 awarding the bid for chemicals and fertilizers, as identified in the information to the following: 1. HARPOOL SEED INC. - for items #1,2,3,4,10,26,34 in the amount of $1,803.73. 2. VAN WATERS & ROGERS-for items #17,18,21,31,32 in the amount of $2,550.46. 3. ESTES CHEMICAL INC.-for items #15,20,23,27,28,33 in the amount of $9,129.76. 4. CHEMICAL AND TURF - for items #11,13,14,22,24,25,35,36,38,40 41,42 in the amount of $29,532.44. 5. HARPOOL FERTILIZER -for item #39 in the amount of $15,936.00. 6. ESCO SEED, INC. -for items #5,7,8,9,16,19,29,37 in the amount of $15,837.85. A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye', adopted Resolution No. 88-191 awarding bids for chemicals and fertilizers for the Parks and Recreation Department to the following vendors: 1. HARPOOL SEED INC. - for items #1,2,3,4,10,26,34 in the amount of $1,803.73. 2. VAN WATERS & ROGERS-for items #17,18,21,31,32 in the amount of $2,550.46. 3. ESTES CHEMICAL INC.-for items #15,20,23,27,28,33 in the amount of $9,129.76. 4. CHEMICAL AND TURF - for items #11,13,14,22,24,25,35,36,38,40 41,42 in the amount of $29,532.44. 5. HARPOOL FERTILIZER -for item #39 in the amount of $15,936.00. 6. ESCO SEED, INC. -for items #5,7,8,9,16,19,29,37 in the amount of $15,837.85. Vol. 55, Page 265 D.6 CONSIDER ADOPTING RESOLUTION NO. 88-193 AWARDING THE BID FOR AN ELEVATING SCRAPER FOR THE LANDFILL DIVISION OF THE PUBLIC WORKS DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information. Requests for bids for an elevating scraper were sent to five prospective bidders. One bid was received that met specifications, one bid did not meet specifications, one company chose to submit a "No Bid", and the other two companies did not respond. The scraper will be acquired through the comprehensive lease- purchase plan previously approved with MNC Leasing Corporation. The Public Works Director recommends that the bid for the elevating scraper be awarded to Darr Equipment Company in the amount of $266,317, and the City accept the $150,000 "Buy Back" from Darr Equipment Company. Mayor Blair recognized Mark Pavageaux, Director of Public Works, who explained to Mayor Pro Tem Davis the terms and conditions of the proposed "buy back". Mr. Pavageaux assured the Council the terms would be stated in the purchase contract for the new equipment. City Manager Richard Escalante noted that the $150,000 would be put into the equipment replacement fund and not into the general operating account. A motion by Councilman Moses, a second by Councilman Binford, all voting "aye", adopted Resolution No. 88-193, awarding the bid for an elevating scraper for the Landfill Division of the Public Works Department, to Darr Equipment Company, in the amount of $266,317.00, and accepted the buy back in the amount of $150,000.00 D.7 CONSIDER AUTHORIZING THE MAYOR TO HOST A MEETING OF THE LEGISLATIVE COMMITTEE OF THE METROPLEX MAYORS ORGANIZA- TION AND TAKE THE APPROPRIATE ACTION. This item has been placed on the agenda at the request of Mayor Blair. Mayor Blair explained that the Legislative Committee of the Metroplex Mayors Association would meet in Farmers Branch on December 21, 1988, at 7:30 a.m. at the Summit Hotel. The purpose of the meeting is to plan strategy for area concerns to be presented to the next Legislative Session through the State Representatives. Mayor Blair anticipates the cost of Vol. 55, Page 266 the breakfast to be $9.00 per person, for the expected 15-20 participants. A motion by Mayor Pro Tem Davis, a second by Councilman Pyle, all voting "aye", approved Mayor Blair's request to host the Legislative Committee meeting, at a cost not to exceed $250.00. D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. This item is placed on the agenda for Council discussion and consideration. Mayor Pro Tem Davis discussed the National League of Cities, Annual Congressional City Conference to held March 11-14, 1989, in Washington, D.C. Mayor Blair requested that the Annual Congressional City Conference in Washington, D.C. March 11-14, 1989 be placed on the Janaury 3, 1989 Agenda for consideration under Council travel requests. D.9 CITIZEN PARTICIPATION. There were no citizens present who wished to speak. MAYOR BLAIR ANNOUNCES 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 APPOINTMENT TO THE FARMERS BRANCH HISTORICAL PRESERVATION & RESTORATION BOARD. 2. DISCUSS APPOINTMENT TO THE FARMERS BRANCH INDUSTRIAL DEVELOPMENT CORPORATION BOARD OF DIRECTORS. 3. DISCUSS APPOINTMENT TO THE DALLAS CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS. A discussion was held regarding appointments to the above named boards. it Vol. 55, Page 267 THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Pro Tem Davis made a motion to waive the residency requirement of advisory board members as provided in Ordinance No. 1373 and recommended that Jane Moreno continue and serve her term that expires January 1, 1990 on the Farmers Branch Historical Preservation and Restoration Board. Councilman Binford seconded the motion and all voted "aye". A motion by Councilman Binford, a second by Mayor Pro Tem Davis, all voting "aye", postponed until the next meeting the consideration of appointment to the Farmers Branch Industrial Development Corporation Board of Directors. A motion by Councilman Binford, a second by Councilman Pyle, all voting "aye", recommended that Ken Quevreaux's name be submitted to the Dallas Central Appraisal District for consideration of nomination to the Appraisal Review Board. F.1 ADJOURNMENT. A motion by Mayor Pro Tem Davis, a second by Councilman Pyle, all voting "aye", adjourned the City Council meeting of December 19, 1988 at 9:55 P.M. Qz~~k, ~'d-- Mayor Dave Blair Cit'y Secretary Vol. 55, Page 268