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1989-03-06 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 03/06/89 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers J Dave Blair Calla Davis Nancy Hardie Jeff Binford Bill Moses Ron Pyle The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary City Manager Assistant Director of Community Services City Engineer Director of Parks & Recreation Director of Public Works Police Chief Public Information Officer Economic Development Director Richard L. Escalante Steve Carpenter John Burke Chris Caso Ruth Ann Parish David Reedy Tom Scales Jerry Murawski Jeff Fuller Mark Pavageaux Roger Robbins Donna Huerta Norma Nichols Mayor Blair called the City Council Meeting of March 6, 1989 to order at 7:32 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 CERTIFICATE OF APPRECIATION TO MARTY GIEHRL FOR SERVING ON THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS. Mayor Blair presented a certificate of appreciation to Marty Giehrl for having served on the Zoning Board of Adjustments and Building Code Board of Appeals from February, 1984 until December, 1988. A.3 PRESENTATION OF CERTIFICATES OF APPRECIATION TO THE Vol. 55, Page 312 MEMBERS OF THE CHARTER REVISION COMMITTEE. Mayor Blair presented certificates of appreciation to the citizens who had served on the Charter Revision Committee. The members of the committee are as follows: Fred Johnson, Chairman Betty Thompson, Vice Chairman Murphy Williams, Secretary/Treasurer Sally Booty Jack Campbell Martie Cogburn Susan Ellis Jerry Free Robin Harrington Robert Hinkle Bill Innes Betty Korioth Kathy Matsumura Trini Munoz Bob Phelps Dave Pierson Rochelle Reagan Ramona Upfield Joe Ray Willaims The Mayor and members of the City Council complimented the committee for working so hard and of their many hours spent in preparing their 29 recommended changes to the charter. A.4 CONSIDER ACCEPTANCE OF $5,000 GRANT FROM THE MOBIL FOUNDATION. Mayor Blair presented the following information. During 1988, the city applied to the Mobil Foundation for a grant to be used towards Arts and Cultural activities. On Tuesday, March 28, 1989, Mr. Doug Bryan of Mobil Oil Corporation informed that the city was selected to be recipients of the grant from Mobil Foundation. The Staff recommends acceptance of the $5,000.00 grant from the Mobil Foundation Mayor Blair and Councilmember Nancy Hardie, who had work with the Foundation for the grant, recognized Dr. Tom H. Timmons, Manager of the Dallas Research Laboratory of the Mobil Oil Corporation, and Mr. Doug Bryan. Dr. Timmons presented the check to the City. On behalf of the City, Mayor Blair and Councilmember Hardie presented an appreciation plaque to the Mobil Foundation. Dr. Timmins and Mr. Bryan accepted the plaque in behalf of Mobil Foundation. A motion by Councilmember Hardie, a second by Councilman Binford, Vol. 55, Page 313 all voting "aye", accepted the $5,000.00 grant from the Mobil Foundation to be used towards arts and cultural activities. A.5 PRESENTATION OF BOARD APPLICATIONS. This item gives applicants an opportunity to present board applications to the City Council. There were no applications presented. STUDENTS RECOGNIZED. Mayor Blair recognized Lawrence Montzn, a student from Brookhaven Community College, and Mark Hanson, a student from S.M.U.. Both students chose the City of Farmers Branch to do a government project. 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 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. Mr. Marty Giehrl, 3404 Bevann, asked for an explanation of Item B.S. Mayor Blair requested that Item B.5 be removed in order to answer Mr. Giehrl's question. Mayor Blair also stated that there had been a question at the Study Session on B.3 and asked that this item be removed from the consent agenda also. A motion by Councilmember Hardie, a second by Councilman Moses, all voting "aye", removed Items B.3 and B.5 from the Consent Agenda Items. Mayor Blair announced that B.3 would be discussed as Item C.1a, and B.5 would be discussed as Item C.lb. A motion by Councilman Binford, a second by Mayor Pro Tem Davis, all voting "aye", approved the following Consent Items B.1, B.2, B.4, B.6, B.7 and B.8. A.1 APPROVED THE MINUTES OF COUNCIL MEETING OF FEBRUARY 20, 1989. I I Vol. 55, Page 314 A.2 APPROVED THE REQUEST BY BRIAN BIRDSONG AND IDALIA CHAPPA (BARRERA) FOR FINAL PLAT APPROVAL OF TOTAL LAWN CARE ADDITION LOCATED BETWEEN BEE STREET AND ELDER STREET, SOUTH OF HAVENHURST STREET IN THE PD-34 ZONING DISTRICT. B.4 ADOPTED RESOLUTION NO. 88-178 ESTABLISHING OPERATIONAL PERMIT FEES FOR HOT TRUCKS. B.6 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR THE REMOVAL OF ASBESTOS CONTAINING BUILDING MATERIALS FROM FIRE STATION NO. 1. B.7 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR NEW OR REPLACEMENT RADIO EQUIPMENT. B.8 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR WATER METERS AND STRAINERS FOR THE UTILITY DIVISION OF THE PUBLIC WORKS DEPARTMENT. C.1a CONSIDER ADOPTING RESOLUTION NO. 89-031 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HDR ENGINEERING, INC., FOR THE LANDFILL GAS EVALUATION PROJECT. Mayor Blair recognized Mark Pavageaux, Director of Public Works. Mr. Pavageaux responded to a question of what would the engineering firm, HDR, be doing and of the interest of the city of recovering methane gas. The Public Works Department has been involved in discussions with Waste Management of North America concerning the development and production of methane gas generated in the City's Camelot Landfill. The captured methane gas will be transported across the Trinity River to their electric power generating plant located on Waste Management's DFW landfill. Waste Management has proposed to fund all aspects of the project. The City Staff interviewed several engineering firms to assist the City in the proposed Landfill Gas Evaluation Project and is recommending HDR, Engineering, Inc. The cost of the consultant's services will not exceed $7,000.00. After some discussion of the possible source of revenue for the city, a motion by Mayor Pro Tem Davis, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 89-031 that authorizes the City Manager to enter into a contract with HDR Engineering, Inc. for consulting engineering services on the Landfill Gas Evaluation Project, and with the cost for the consultant's services to not exceed $7,000.00. C.1b. CONSIDER ADOPTING RESOLUTION NO. 89-011 STATING THE CITY'S POLICY REGARDING THE COLOR AND TYPE OF STREET LIGHT FIXTURES AND THE COLOR OF TRAFFIC SIGNAL POLES AND TAKE THE APPROPRIATE ACTION. Vol. 55, Page 315 Mayor Blair gave the following information from a memo from the Staff. The City is establishing policy on two important elements of its "streetscope", namely, street lights and traffic signals. Resolution No. 89-011 provides that traffic signal poles will be white in color and that street lights on thoroughfares with two exceptions, will be."cobra head" fixtures on galvanized steel poles. The exceptions provide for "kim" fixtures on anodized bronze poles on William Dodson Parkway and on Marsh Lane north of Valley View Lane. The City Engineer recommends that Resolution No. 89-011 be adopted to establish a policy for the color and type of street light fixtures and the color of traffic signal poles. Mr. Marty Giehrl, 3404 Bevann, asked whether or not Mustang Trails was an exception of this policy proposal. Mayor Blair recognized Jerry Murawski, City Engineer, to answer the question. Mr. Murawski explained that Mustang Trails Park was an exception to the proposal because of being a park. He stated that the proposed policy was for thoroughfares only and that Mustang Park will remain as it is. Mr. Giehrl commented that he did not think the galvanized steel looked very good. There followed a discussion of the astronomical cost to replace all the existing poles in the city. This policy would only apply to the major thoroughfares of the city and would be painted only as needed. A motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", adopted Resolution No. 89-011 stating the policy of the color and type of street light fixtures and the color of traffic signal poles. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report of the happenings and status of the various projects in the departments of the city. C.2 SITE PLAN: CONSIDER REQUEST OF PRENTISS PROPERTIES, LTD FOR SITE PLAN APPROVAL OF A SIGNAGE PACKAGE FOR PARK WEST PHASE III LOCATED AT THE SOUTHWEST CORNER OF IH635 AND LUNA ROAD WITHIN THE PLANNED DEVELOPMENT NO. 60 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Park West Phase III is located in the PD-60-zoning district, which allows office park related uses. The Doubletree Hotel, which is currently under construction at the southwest corner of Luna Road Vol. 55, Page 316 and LBJ is in Phase III. Prentiss Properties, the owner of the development, is requesting site plan approval for signage of Phase III. The signage consists of an "L" shaped development identification sign with a ten foot maximum height above grade and a twenty-five foot high tenant identification sign, all surrounded by a water feature and landscaping. The signage package is very similar to the existing signage at Park West Phase II which is located at the northwest corner of IH 635 and Luna Road. The Planning and Zoning Commission, by unanimous vote, recommends the site plan be approved with the following conditions: 1. Prior to the issuance of a building permit, the applicant must provide letters of consent from the entities having an interest in the easements over which the signage is to be placed and from the State Highway Department. 2. A hold harmless agreement must be signed prior to the issuance of a building permit indemnifying the City against any claims for damages to the sign. 3. That the number of tenants listed on the tenant identity sign be limited to no more than two. Mayor Blair recognized Mr. Tom Pritchard, representative from Prentiss Properties, Ltd. Mr. Pritchard pointed out that there would be a fountain in this proposed site plan where the sign is to be located. Mr. Pritchard stated that there would be an underground utility box that would operate the fountain. Mayor Blair recognized Tom Scales, the Director of Community Services. Mr. Scales described the proposal of the sign within the water area and with the fountain. Mr. Scales stated that all utility codes would have to be complied with. After more discussion, a motion by Councilman Binford, a second by Councilmember Hardie, all voting "aye", adopted Resolution No. 89-034 that approved the site plan submitted by Prentiss Properties, Ltd. for a signage package for Park West III located at the southwest corner of IH 635 and Luna Road, as recommended by the Planning and Zoning Commission with three conditions. C.3 CONSIDER SCHEDULING A MEETING OF THE MEMBERS OF THE CITY COUNCIL WITH COUNTY COMMISSIONER JIM JACKSON. Mayor Blair stated that this item has been withdrawn from the agenda. C.4 CONSIDER ADOPTING RESOLUTION NO. 89-035 APPROVING A DART SHELTER LOCATION ON THE RHD HOSPITAL CAMPUS AND TAKE THE APPROPRIATE ACTION. Vol. 55, Page 317 Mayor Blair presented the following information for consideration. DART has submitted a site plan for City approval pursuant to Article One of the interlocal agreement approved June 15, 1987, by the City Council. DART recently changed their route through the medical complex at their request of the Hospital Authority due to complaints of noise from neighboring residents. The Community Services Department recommends the site plan be denied until such time as the parking lot aisle restriction is resolved and that the City Manager be authorized to approve such amended site plan. A motion by Mayor Pro Tem Davis, a second by Councilmember Pyle, all voting "aye", denied the request for the site plan submitted by DART until such time as the parking lot aisle restriction is resolved and that the City Manager be authorized to approve an appropriate site plan. D.1 CONSIDER APPROVING RESOLUTION NO. 89-022 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JPJ ARCHITECT, INC. IN THE AMOUNT OF $43,500.00 FOR THE ARCHITECTURAL AND ENGINEERING DESIGN OF THE LOG CULTURE AREA AND THE DODSON GARAGE AT THE HISTORICAL PARK. Mayor Blair presented the following information for consideration. In 1987, five log structures, dated mid-nineteenth century, scheduled for demolition, were obtained near Denton, Texas. The structures were disassembled and tagged for proper reassembly at a later date. The structures have been in storage at Camelot. At the February 6th Study Session, Council approved delaying expansion of the parking lot and the re-directing of monies toward construction of a Tourist Center/Gift Shop in the Dodson garage. This contract, in the amount of $43,500.00, would include all consultant fees for site plans, restoration design of the structures, and construction documents. Funding for these projects, $173,400.00, is in the 1988-89 Historical Park, Phase VI budget. The Staff and the Historical Preservation and Restoration Board recommends approving Resolution No. 89-022 authorizing the City Manager to execute a contract with JPJ Architect, Inc. in the amount of $43,500.00 for the architectural and engineering design of the Log Culture Area and the Dodson garage at the Historical Park. After some discussion of the plans, a motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", adopted Resolution No. 89-022 that authorizes the City Manager to execute a contract with JPJ Architect, Inc. in the amount of Vol. 55, Page 318 $43,500.00 for the architectural and engineering design of the Log Culture Area and the Dodson garage at the Historical Park. D.2 CONSIDER ADOPTING RESOLUTION NO. 89-033 AWARDING THE BID FOR POLICE UNIFORMS TO FACTORY SALES/DONOVAN UNIFORM COMPANY IN THE AMOUNT OF $23,393.50 AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Bids for police uniforms were received and opened February 27, 1989. Two bids were submitted that met specifications. The low bid meeting specifications was submitted by Factory Sales/Donovan Uniform Company of Dallas for replacement of police uniforms at an estimated amount of $23,393.50 at the per unit cost as follows: Trousers @ $44.50; Short Sleeve Shirts @ $36.50; Long Sleeve Shirts @ $44.50; Heavy Jackets @ $69.00; Light Jackets @ $59.00; Caps & Covers @$25.00; and Neckties @ $3.50. The Police Department recommends adopting Resolution No. 89-033 awarding bids for police uniforms in the amount of $23,393.50 to Factory Sales/Donovan Uniform Company of Dallas. After some discussion with Chief Robbins that the uniforms would be phased in over a two year period, a motion by Councilmember Hardie, a second by Councilman Binford, all voting "aye", adopted Resolution No. 89-033 that awarded the bid for police uniforms in the amount of $23,393.50 to Factory Sales/Donovan Uniform Company of Dallas. D.3 CONSIDER ADOPTING A NOTICE OF CLAIM ORDINANCE NO. 1814 PROVIDING FOR NOTICE TO THE CITY COUNCIL OF PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH, PROVIDING THE TIME AND LOCATION WHERE SUCH NOTICE IS TO BE GIVEN. Mayor Blair presented the following information for consideration. Section 9.04 of the Farmers Branch City Charter authorizes the preparation of an ordinance outlining the time period in which a person must notify the City Secretary if he or she has a claim against the City. The City Attorney recommends the adoption of a notice of claim ordinance whereby any person who has a claim against the City must notify the City Secretary within six (6) months of the date of damage or injury. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted the following captioned ordinance No. 1814: ORDINANCE PROVIDING FOR NOTICE TO THE CITY COUNCIL OF PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH, PROVIDING THE TIME AND Vol. 55, Page 319 LOCATION WHERE SUCH NOTICE IS TO BE GIVEN; PROVIDING THAT SUCH NOTICE MAY NOT BE WAIVED; AND PROVIDING THAT THE TIMELY FILING OF NOTICE OF ANY CLAIM AND REFUSAL OF SAME BY THE CITY COUNCIL IS A CONDITION PRECEDENT TO THE INSTITUTION OF ANY SUIT; AND PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY. [1 D.4 CONSIDER COUNCIL TRAVEL REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated that this item is placed on the agenda for Council discussion and consideration. Mayor Blair asked if the Council wished to submit a request. City Manager Richard Escalante requested approval to go to Austin if it becomes necessary relative to Zoecon. A motion by Mayor Pro Tem Davis, a second by Councilman Binford, approved the City Manager travelling to Austin in regards to Zoecon matters. Councilman Pyle asked to amend the motion to include the travel of any members of the City Council if it were necessary. Mayor Pro Tem Davis and Councilman Binford accepted the amendment. The motion and amendment carried unanimously. D.5 CITIZEN PARTICIPATION. Mayor Blair recognized Lawrence Montzn, student from Brookhaven College. Mr. Montzn inquired as to how many of the Council were elected at large. Mayor Pro Tem Davis responded that all members of the Farmers Branch Council were elected at large. She. explained about the recent election on single member districts and the outcome of that election. battered women. Councilman Moses informed attending a recent meeting of their needs of a facility for the Council and citizens about the Metrocrest Service Center and a thrift store and shelter for 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. Vol. 55, Page 320 a. DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. REVIEW AND DISCUSS WITH CITY MANAGER - REPORTS, POLICIES AND PROCEDURES RELATIVE TO THE STAFF SERVICES DEPARTMENT, THE POLICE DEPARTMENT, AND, THE PUBLIC WORKS DEPARTMENT. City Manager Richard Escalante presented a report relative to the Staff Services Department, the Police Department and the Public Works Department. b. DISCUSS LAND ACQUISITION - ARTICLE 6252-17, SEC. 2(f) 1. DISCUSS POSSIBLE LAND ACQUISITION. City Manager Richard Escalante and Assistant City Manager John Burke presented a report on possible land acquisition. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated that the City Manager gave a report of policies and procedures relative to the Staff Services Department, the Police Department and the Public Works Department. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated that the City Manager Richard Escalante and Assistant City Manager John Burke presented a report on possible land acquisition. F.1 ADJOURNMENT. A motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", adjourned the City Council meeting of March 6, 12,$_9 at 9:57 P.M.. Mayor Dave Blair City Secretary Vol. 55, Page 321