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1989-07-10 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JULY 10, 1989 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers 1 Dave Blair Jeff Binford Bob Phelps Calla Davis 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 Director of Community Services Fire Chief City Engineer Director of Parks & Recreation Director of Public Works Director of Finance Public Information Officer City Management Assistant Recording Secretary Richard L. Escalante Steve Carpenter John Burke Chris Caso Ruth Ann Parish Tom Scales Jack Dyer Jerry Murawski Jeff Harting Mark Pavageaux Doug Vanderslice Donna Huerta David Reedy Brenda Anderson Mayor Blair called the City Council Meeting of July 10, 1989, to order at 7:38 p.m. The meeting was televised. A.1 INVOCATION Councilman Moses gave the invocation. Boy Scouts Andy and Danny Burke led the pledge of allegiance to the flag. A.2 RECOGNITION OF BRAVERY FOR GILBERT BERNAL OF FARMERS BRANCH. Mayor Blair presented a plaque to Gilbert Bernal of Farmers Branch for recognition of his bravery in rescuing a woman and teen age boy from a dangerous flooding situation. A.3 PRESENTATION OF SERVICE AWARD Vol. 56, page 61 Mayor Blair presented a 20 year employee service award to John F. Burke, Assistant City Manager in the Administration Department. A.4 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. B.1 - B.2 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 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. Binford, a second by Councilman Pyle, all voting "aye", added D.4 and D.6 to the Consent Agenda. A motion by Mayor Pro Tem Binford, a second by Councilman Phelps, all voting "aye", approved the Consent Agenda. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF JUNE 26, 1989. B.2 ADOPTED RESOLUTION PURCHASE OF UNIFOR] FOR AN ESTIMATED CORPORATION FOR THE ESTIMATED AMOUNT OF NO. 89-083 AWARDING THE BID FOR K PANTS TO UNIFORMS OF TEXAS, INC. AMOUNT OF $7,722.00, AND TO TODD PURCHASE OF UNIFORM SHIRTS FOR AN $14,269.00. D.4 ADOPTED RESOLUTION NO. 89-089 APPROVING AN INTERLOCAL GOVERNMENTAL AGREEMENT WITH DESHAZO, STAREK & TANG, INC. IN THE AMOUNT NOT TO EXCEED $150,000.00 FOR THE PRELIMINARY ENGINEERING AND SCHEMATIC DESIGN OF THE SH161/SH190 CONNECTOR FREEWAY. D.6 ADOPTED RESOLUTION NO. 89-091 AUTHORIZING THE CITY MANAGER TO APPROVE EMERGENCY REPAIRS AT THE HUTTON STREET LIFT STATION IN THE AMOUNT OF $7.300.00. 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. Mr. Escalante stated the proposed 1989-90 budget has been presented to Council. Copies are available at the Library for citizen reference. He also announced Work Sessions to be held on August 2 and August 9 at Vol. 56, page 62 5:00 p.m. with the location to be announced at a later date. The August 9 Work Session is designated for the budget. D.1 CONSIDER ADOPTING RESOLUTION NO. 89-086 APPROVING CHANGE ORDER NO. 3 RELATIVE TO A CONSTRUCTION CONTRACT WITH DAL-MAC CONSTRUCTION COMPANY FOR FARMERS BRANCH CITY HALL PROJECT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The contract for construction of the City Hall Project was awarded to Dal-Mac Construction company in the amount of $6,361,873.00. Two Change Orders have been approved totaling $53,854.00 or about 0.008% of the contract. Change Order No. 3, in the amount of $60,316.00 is for the following items: 1) Addition/modification of building electrical $76,637.00 2) Deletion of electrical components not needed ($16,321.00) TOTAL $60,316.00 Under the City's contract with Dal-Mac, the increase or decrease in contract cost for requested/required changes is covered in the contract. Also included in Change Order No. 3 is a 14 day time extension. Funds are available from the project contingencies as approved in the 1988-89 Capital Improvements Project Budget. Councilman Phelps stated that this item had been discussed at the Council Study Session for the need for further information from the contractor. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", tabled Agenda Item D.1, Resolution No. 89-086 approving Change Order No. 3 relative to a construction contract with Dal-Mac Construction Company for Farmers Branch City Hall Project, until discussion is held at a future meeting with the architects and Councilmembers. D.2 CONSIDER ADOPTING RESOLUTION NO. 89-082 APPROVING AN AGREEMENT WITH ALBERT H. HALFF AND ASSOCIATES, INC. FOR DESIGN SERVICES FOR THE DREDGING OF TWO LAKES AND THE RECONSTRUCTION OF THE TWO EXISTING DAMS ON RAWHIDE CREEK AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The reconstruction of the two existing dams and dredging of the lakes created by them, are a part of the 1988-89 Drainage Bond Capital Improvements Project. This project is budgeted in the amount of $250,000. The Engineering Department has negotiated a contract with Albert H. Halff and Associates, Inc. for design services for this project in an amount not to exceed $25,508.00. The design shall be completed within 90 calendar days. Vol. 56, page 63 The City Engineer recommends the adoption of Resolution No. 89-082 authorizing the execution of an agreement with Albert H. Halff and Associates, Inc. A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 89-082 approving an agreement with Albert H. Halff and Associates, Inc. in an amount not to exceed $25,508 for design services for the dredging of two lakes and the reconstruction of the two existing dams on Rawhide Creek. D.3 CONSIDER ADOPTING RESOLUTION NO. 89-032 APPROVING AN AGREEMENT WITH THE BURLINGTON NORTHERN RAILROAD FOR THE CONSTRUCTION OF A RUBBERIZED SURFACE CROSSING ON THE CRI&P RAILROAD TRACKS AT VALLEY VIEW LANE. Mayor Blair presented the following information for consideration. The crossing at this location on Valley View Lane is in poor repair. The construction of a rubberized crossing will improve the appearance and provide for greater safety at this location. This work will be performed by the Burlington Northern Railroad at at estimated cost of $41,500. The project is budgeted at $58,000 in the 1988-89 Non Bond Fund. The City Engineer recommends that Resolution No. 89-032 be adopted approving the execution of the construction agreement with the railroad to perform the rubberized crossing surface construction in the amount of $41,500. Mayor Pro Tem Binford stated the additional information supplied by the Engineering Department addressed his concerns with this item from the June 5 Council meeting. He concurred that the replacement was necessary for a smoother and safer crossing. A motion by Mayor Pro Tem Binford, a second by Councilmember Davis, all voting "aye", adopted Resolution No. 89-032 approving an agreement with the Burlington Northern Railroad for the construction of a rubberized surface crossing on the CRI&P railroad tracks at Valley View Lane in the amount of $41,500. D.4 Consent Item D.5 CONSIDER ACTION RELATIVE TO THE CONSTRUCTION CONTRACT WITH DAL-MAC CONSTRUCTION COMPANY ON THE NEW CITY HALL PERTAINING TO THE ROOFING MATERIAL AND TAKE APPROPRIATE ACTION. Mayor Blair recognized Jerry Murawski, City Engineer. Mr. Murawski gave an update on the status of the roofing material for the new City Hall. The roofing material is an artificial Vol. 56, page 64 slate and was chosen for its appearance and cost. A letter from Lloyd Martin, a citizen, brought to the attention concern that the artificial slate contained asbestos. During the process of investigating this issue and available alternatives, the EPA ruled on Thursday, July 6, to stop manufacturing of asbestos products in the United States in seven years. Production of roofing material was then requested to halt. The only acceptable alternative which meets criteria of appearance and durability is real slate. However, it is more expensive, approximately $85,000 more. Therefore, the information is being presented to Council for their guidance. Mr. Murawski stated the importance of expediting this decision due to the construction schedule. Mayor Blair recognized Marilyn Mueller, Director of Marketing of Supradur Manufacturing, the manufacturer of the artificial slate containing asbestos. Ms. Mueller expressed her concerns with the misconceptions of this issue and asbestos products. She explained the EPA ruling pertained to the possible hazards of manufacturing the product, not the product itself or its use. Ms. Mueller explained her Company's high standards for safety and quality and assured the Council there was not a safety hazard with their roofing material. She also stated she realized the use of asbestos in any form was an emotional issue to the public. Mayor Blair asked Ms. Mueller if Supradur Manufacturing produced a comparable product without asbestos. Ms. Mueller replied the non-asbestos product would not be available until October. Several Councilmembers spoke on their concerns with placing a perceived hazardous material on the new City Hall roof. The building is being built to last for generations and serve the citizens of Farmers Branch. The image of a negative public perception or possible impending hazard of the new City Hall is not acceptable. Mayor Blair recognized Lloyd Martin, 2959 Valwood Parkway. Mr. Martin stated there are other available artificial slate materials in the price range of the roofing material from Supradur Manufacturing that do not contain asbestos. Mr. Martin had written the letter to the City regarding the asbestos in the roof. He did not feel the City should take the chance of any potential liabilities for the roof. Mayor Blair requested Mr. Martin to contact Mr. Murawski to evaluate the artificial slate roofing materials he was referencing. Councilmember Davis explained the City Council had searched for many hours and surveyed all available types of roofing material before making a decision. Vol. 56, page 65 Mr. Murawski reported after speaking with Mr. Martin that the material he referred to had been investigated, but did not have the durability needed for the new City Hall. Councilman Moses expressed his concerns with the additional cost. Several Councilmembers agreed. However, after exploring the options, all concluded that safety was of the upmost importance. Councilmember Davis made a motion to authorize the City Manager to use real slate for the roof of the new city hall in the sea green color or an approved equal slate with the cost not to exceed $85,000 and to negotiate with Dal-Mac Construction to get the best price. A second by Councilman Phelps, all voting "aye", and the motion passed unanimously. Mayor Blair recognized City Manager Richard Escalante. Mr. Escalante stated he would meet with City Engineer Jerry Murawski, architects and Dal-Mac Construction to insure we receive the lowest cost product that meets our needs and time frame within the constraints of the construction schedule. D.6 Consent Item D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. This item is placed on the agenda for council discussion and consideration. A motion by Mayor Pro Tem Binford, a second by Councilman Pyle, all voting "aye", approved Councilmember's attendance to the National League of Cities Annual Conference in Atlanta, Georgia, on November 25-29. A motion by Mayor Pro Tem Binford, a second by Councilman Pyle, all voting "aye", approved Councilmembers and City Manager's attendance to the Texas Municipal League Annual Conference in San Antonio on October 26-28. D.8 CITIZEN PARTICIPATION. No one spoke. 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. Vol. 56, page 66 E.1 EXECUTIVE SESSION. a. DISCUSS PERSONNEL MATTERS - 1. DISCUSS APPOINTMENT ZONING COMMISSION. 2. DISCUSS CITY MANAGER PROCEDURES. ARTICLE 6252-17, SEC. 2(g) TO THE PLANNING AND EVALUATION POLICY AND The Council discussed the various applications on file for the Planning and Zoning Commission. The Council discussed the City Manager evaluation policy and procedures relating to updating a salary survey that had been prepared by a consultant in 1988 and the salary for the City Manager. Also discussed was the limitation of three evaluation assessments as discussed previously by the Council. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated that the discussion of the applications for an appointment to the Planning and Zoning Commission would be continued until the next meeting. Mayor Blair stated that the Council discussed salary consideration for the City Manager and desires not to retain a firm to update the City Manager Salary that had been prepared in 1988. Also discussed was the City Manager evaluation assessments being limited to three as discussed at the previous meeting. F.1 ADJOURNMENT. A motion by Councilman Pyle, a voting "aye", adjourned the 1989 at 10:04 P.M.. Q~il Mayor Dave Blair second by Councilman Phelps, all City Council meeting of July 10, City Secretary Vol. 56, page 67