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1989-10-02 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING OCTOBER 2, 1989 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. 1 The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Jeff Binford Councilmembers 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 Director of Planning City Engineer Director of Parks & Recreation Director of Public Works Director of Finance Public Information Officer Director of Economic Development City Management Assistant Recording Secretary Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish Tom Scales Michael Spicer Jerry Murawski Jeff Fuller Mark Pavageaux Doug Vanderslice Donna Huerta Norma Nichols Dave Reedy Brenda Anderson Mayor Blair called the City Council Meeting of October 2, 1989 to order at 7:42 p.m. The meeting was televised. A.1 INVOCATION Councilman Moses gave the invocation and led the pledge of allegiance to the flag. MAYOR BLAIR EXPRESSED CONCERN AND DESIRE TO HELP CHARLESTON, SOUTH CAROLINA, AND OTHER EAST COAST CITIES AFFECTED BY THE RECENT HURRICANE. HE STATED DONATIONS ARE BEING ACCEPTED THROUGH THE CHARLESTON RELIEF FUND AND IN COOPERATION WITH THE REGIONAL RED CROSS. A.2 RECOGNIZE BROOKHAVEN COLLEGE GERMAN EXCHANGE STUDENTS AS HONORARY CITIZENS OF FARMERS BRANCH. Vol. 57, Page 17 Mayor Blair presented the following information. Brookhaven College annually hosts exchange students from Germany. There are nine nursing students from Neustadt, Germany. Mayor Blair recognized each of the following students and presented them with a Certificate of Honorary Citizenship. 1. Silke Backhaus 6. Carmen Hallmann 2. Christiane Blaudschun 7. Anke Hohle 3. Carola Borchers 8. Christina Jaksch 4. Ellen Bruns 9. Annette Kober 5. Guido Fielauf A.3 CONSIDER ACCEPTANCE OF DONATION OF GOLF CART AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Inez Good, Historical Preservation and Restoration Board Member Emeritus, passed away recently. Her son, John Good, wishes to donate her golf cart to the Historical Park. Mr. and Mrs. Don Whitney, close friends of the Good family, wish to donate a small plaque to be placed on the golf cart. The plaque will read "Presented to the Farmers Branch Historical Park in loving memory of a great lady, Inez Good, 18 September 1989." The cart will be used during special events and to transport handicapped and elderly persons through the park. The cart is a four passenger, electric cart with a canopy. An existing shed will be used as the storage and recharging area for the cart. The- Historical Preservation and Restoration Board and Staff recommends acceptance of the donation of the golf cart. Mayor Blair recognized John Good and thanked him for the generous donation as a reminder of such a wonderful lady. A motion by Councilman Phelps, a second by Councilmember Davis, all voting "aye" accepted the donation of the golf cart. A.4 CONSIDER ACCEPTANCE OF DONATION OF DRINKING FOUNTAIN TO BE PLACED AT ORAN GOOD ALL CHILDREN'S PLAYGROUND FROM THE FARMERS BRANCH LIONS CLUB. Mayor Blair presented the following information for consideration. The Farmers Branch Lions Club wishes to donate a drinking fountain in the shape of a Lion to be placed at Oran Good All Children's Playground. The total cost of the donation is $1,713.00. L' Vol. 57, Page 18 The Parks and Recreation Department recommends acceptance of donation of a drinking fountain. Mayor Blair recognized Al Wagner, Past President of the Farmers Branch Lions Club and Mark Hawkins, President of the Farmers Branch Lions Club, who were present to make the donation. A motion by Councilmember Davis, a second by Mayor Pro Tem Binford, all voting "aye", accepted the donation of a drinking fountain to be placed at Oran Good All Children's Playground from the Farmers Branch Lions Club. A.5 PRESENTATION OF SERVICE AWARD Mayor Blair presented a 10 year employee service award to Charles Tucker of the Utility Division of the Public Works Department. A.6 PRESENTATION OF BOARD APPLICATIONS. Mary Barnes, 2946 Oxfordshire Lane, presented her board application to the Council for their consideration. Sandy Davenport, 13802 Wooded Creek, was present on behalf of her board application she had previously submitted for Council consideration. B.1 - B.6 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 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 Moses, all voting "aye", approved the addition of D.2, D.3, D.4, and D.5 to the Consent Agenda. A motion by Councilmember Davis, a second by Councilman Pyle, all voting "aye", approved the Consent Agenda. B.1 APPROVED MINUTES OF COUNCIL MEETING OF SEPTEMBER 18, 1989. B.2 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF THE POLICE STATION PARKING LOT (42 PARKING SPACES) AND PEPPER PARK PARKING LOT (91 Vol. 57, Page 19 PARKING SPACES) AND THE MANSKE LIBRARY SIDEWALK ON THE SOUTH SIDE OF GOLFING GREEN. B.3 AUTHORIZED THE ADVERTISEMENT FOR BIDS FROM CONTRACTOR TO SEAL JOINTS AND CRACKS IN VARIOUS CITY STREETS (APPROXIMATELY 25 LANE MILES). B.4 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR ANNUAL SUPPLY OF REFUSE SACKS FOR THE SANITATION DIVISION. B.5 ADOPTED RESOLUTION NO. 89-120 AUTHORIZING ACCEPTANCE OF A FIRE LANE EASEMENT FROM MOBIL RESEARCH AND DEVELOPMENT CORPORATION TO ALLOW MOBIL TO ENLARGE THEIR PARKING LOT WITH MOBIL AGREEING TO DEDICATE A NEW FIRE LANE OUTSIDE OF THE PROPOSED PARKING AREA. B.6 ADOPTED RESOLUTION NO. 89-139 AUTHORIZING ACCEPTANCE OF SEVERAL UTILITY, DRAINAGE, FIRE HYDRANT, FIRE LANE EASEMENTS AND A RESTRICTIVE COVENANT FROM EAGLE CREST FOODS, INC. TO ALLOW REBUILDING OF THE BURNED PORTION OF THEIR FACILITY AT 1925 VALLEY VIEW LANE. D.2 ADOPTED RESOLUTION NO. 89-142 APPROVING CHANGE ORDER NO. 7A RELATIVE TO A CONSTRUCTION CONTRACT FOR EXTERIOR LIGHTING CHANGES IN AN AMOUNT OF $7,224 WITH DAL-MAC CONSTRUCTION COMPANY FOR FARMERS BRANCH CITY HALL PROJECT. D.3 AUTHORIZED THE CITY MANAGER TO EXECUTE CHANGE ORDERS ON THE NEW CITY HALL IN AN AMOUNT NOT TO EXCEED $5,000. D.4 ADOPTED RESOLUTION NO. 89-140 APPROVING AN AGREEMENT WITH T U ELECTRIC IN THE BASE AMOUNT OF $14,485 FOR THE INSTALLATION OF VALWOOD STREET LIGHTS. D.5 APPROVED REQUEST FOR PROPOSAL FOR PROVIDING A PERMANENT FACILITY FOR THE SHAKESPEAREAN FESTIVAL OF DALLAS COMMENCING IN 1991. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante stated the desire of the City to offer services to serve the entire City population. A drug enforcement program has begun and an increase of police officers especially in areas with high levels of activity. Apartment, building and property maintenance code enforcement will be reviewed and actively enforced due to concern and dedication of protecting citizens and property. City Manager Richard Escalante gave an informative report of the happenings and status of other projects in the departments of the City. Vol. 57, Page 20 MAYOR BLAIR STATED THE FIRST MEETING OF THE NORTH TEXAS FILM COMMISSION IN FARMERS BRANCH WAS HELD ON SEPTEMBER 29. MAYOR BLAIR THANKED MAYOR PRO TEM BINFORD FOR HIS WORK WITH THE COMMISSION AND BRINGING A MAJOR FILM TO OUR AREA. MAYOR BLAIR ANNOUNCED A MEETING OF THE HOMEOWNERS IN THE SHOREDALE AREA ON NOVEMBER 12, 4:00 P.M AT THE MANSKE LIBRARY. ALL CONCERNED CITIZENS ARE INVITED. C.2 DISCUSS STATUS OF THE COMPREHENSIVE PLAN DEVELOPMENT STANDARDS FOR THE LBJ CORRIDOR STUDY AREA. Mayor Blair presented the following information. The City Staff would like to update the City Council on the status of the guidelines for inclusion in the Comprehensive Plan. Basic buffering techniques will be discussed as well as the impact of the building slope and floor area ratio (both inclusive and exclusive of above ground parking structures) to the LBJ Corridor Study Area. Mayor Blair recognized the Director of Planning Michael Spicer. Mr. Spicer presented a series of maps illustrating several potential development scenarios and their impact on residential areas. Staff explained they had to make certain assumptions in order to present the possibilities of the 3:1 Slope and 1:1 Far. Discussion then followed on the reality of the proposed scenarios. Staff further explained the purpose of the scenarios, including the "worst case scenario", was to identify the possible impact on residential areas. Also to show the difficulty in developing a program for screening between residential and office with the limitations of 3:1 Slope and 1:1 FAR. Staff stated this was a presentation, not a recommendation, in order to gain guidance from Council. Councilman Phelps stated that when put into this perspective showing a five story building could be placed within 200 feet of a residential area, there is no way to screen it. We need to look at other alternatives. This is totally unacceptable. Mayor Blair asked for citizen's input or questions. Mayor Blair recognized Laverne Gilbert, 13921 Janwood, who asked if this would apply to any of the area shopping centers? Mayor Blair responded it could occur off of Gardenbrook or off of Stemmons, but not in the inner city shopping centers. Mayor Blair recognized Paul Crider, 12223 Veronica, who asked if the study determined whether the potential tall buildings could shade or shadow the residential areas? The response was no. Vol. 57, Page 21 Mayor Blair recognized Sterling Neblett, 12235 Treeview, who stated he did not like the encroachment of his residence by the 3:1 Slope and felt anything short of limiting heights of construction to two story was short of what citizens wanted. Mayor Blair stated the intent of the LBJ Corridor Study is to develop standards for the Comprehensive Plan that are meaningful and reasonable. Mayor Pro Tem Binford stated his support on Staff's analysis as it gives a better idea as to what type of impact we are looking at with the 3:1 Slope and 1:1 FAR. He continued stating we are and will be site specific on any redevelopment project along that Corridor and felt the 3:1 Slope and 1:1 FAR had placed undue restrictions on the Staff. A motion by Mayor Pro Tem Binford, a second by Councilmember Davis, all voting "aye", approved to remove restrictions of 3:1 Slope and 1:1 FAR from Staff so they can make the best evaluation and recommendation on the LBJ Corridor. Mayor Blair stated citizens will be notified of the next meeting on the LBJ Corridor and the meeting would be held at night to enable more citizens to attend. D.1 CONSIDER ADOPTING RESOLUTION NO. 89-144 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE/PURCHASE CONTRACT AND ALL RELATED INSTRUMENTS, IN THE AMOUNT OF $880,000, WITH GE CAPITAL IN ORDER TO ACQUIRE A COMMUNICATIONS SYSTEM FOR THE NEW CITY HALL, FURNITURE FOR THE NEW CITY HALL, AND A HAZARDOUS MATERIALS RESCUE VEHICLE. Mayor Blair presented the following information for consideration. The City Staff has solicited proposals from several banks and municipal finance companies for lease/purchase financing to be utilized in purchasing the communications equipment, furniture and hazardous materials truck. GE Capital offered the most favorable interest rate of 7.45% for $880,000 of lease/purchase financing. A copy of the GE Capital lease/purchase contract and all related instruments has been provided for review by the Council. A similar lease/purchase was completed in December 1988 at 7.36%. Semi-annual payments will be made under this lease, beginning in April 1990. The following amounts were included in the 1989-90 operating budget for payments on this lease. Fire - Fixed Asset $35,000 Telephone (various departments) $74,000 City Hall Move In (furniture) $125,000 $234,000 Vol. 57, Page 22 There are sufficient funds budgeted in each of these accounts to make the 1989-90 payments under this lease. The City Staff recommends adopting Resolution No. 89-144 authorizing the City Manager to execute the lease/purchase contract with GE Capital and all related instruments. A motion by Councilmember Davis, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 89-144 authorizing the City Manager to execute the lease/purchase contract and all related instruments with GE Capital in the amount of $880,000, in order to acquire a communications system for the new City Hall, furniture for the new City Hall, and a hazardous materials rescue vehicle. D.2 Consent Item D.3 Consent Item D.4 Consent Item D.5 Consent Item D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. This item is placed on the agenda for Council discussion and consideration. Mayor Blair recognized City Manager Richard Escalante who reported on his trip to Des Moines, Iowa, for the ICMA Conference. Mr. Escalante attended informative sessions on housing, crime, and solid waste and recycling. Mayor Blair reported attending the Highway 190 Hearing with City Engineer Jerry Murawski on September 26 in Austin. The Commission voted unanimously in support of Highway 190 which will help to alleviate traffic along LBJ due to the current lack of an east-west major thoroughfare. D.7 CITIZEN PARTICIPATION. Mayor Blair recognized Jan Woody, 3210 Damascus Way, who invited the City Council and citizens to attend a Crime Watch Town Forum on Saturday, October 14, 1:00 p.m., Farmers Branch Manske Library. The topic for discussion will be crime and drugs. Mrs. Woody extended a special thanks to Councilman Phelps and Councilman Moses for their help and input. Mayor Blair recognized Fred Johnson, 12212 Ridgefair. Mr. Johnson requested that the Council ascertain the philosophy of potential directors in making their appointments to the Vol. 57, Page 23 Metrocrest Hospital Authority Board of Directors. He was concerned that the Hospital had acquired several residential lots and hoped they would curtail their activities in that regard. He wanted to remind the potential director that hospitals are graded on quality of care, not how many buildings or square feet they acquire. Mayor Blair recognized Bruce Woody, 3210 Damascus, who requested the City Attorney research and give a formal legal opinion on the question "Does the Metrocrest Hospital Authority have the legal power of condemnation?" Mayor Blair requested City Attorney John Boyle to do so. Mr. Woody also requested the next meeting regarding LBJ Corridor that more than two or three days notice be given. City Manager Richard Escalante stated the next presentation on the LBJ Corridor would be at the City Council meeting of October 23 and residents would be notified again. Mayor Blair recognized Erma Deckard, 12918 Epps Field, who wanted to say thanks for paving her street, thanks to the engineers who stayed on top of the project, doing a real good job on the creek, and for replacing her driveway that the City had torn out. MAYOR BLAIR STATED THE STUDY SESSION ITEMS WERE NOT COMPLETED AND WOULD BE DISCUSSED AT THIS TIME. THE LAST ITEM TO BE DISCUSSED WAS STATUS OF NEW CITY HALL. CITY ENGINEER JERRY MURAWSKI PRESENTED A STATUS REPORT ON THE CONSTRUCTION OF THE NEW CITY HALL. 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 OF ELECTION JUDGE AND ALTERNATE JUDGE FOR DART ELECTION ON NOVEMBER 7, 1989. 2. DISCUSS APPOINTMENTS TO THE METROCREST HOSPITAL AUTHORITY BOARD OF DIRECTORS. 3. DISCUSS NOMINATING A CANDIDATE TO SERVE ON THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. Vol. 57, Page 24 L [J Discussions were held relating to the three items listed above. b. DISCUSS LAND ACQUISITION - ARTICLE 6252-17, SEC. 2(f) 1. DISCUSS POSSIBLE LAND ACQUISITION. A discussion was held relating to possible land acquisition. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Pyle, a second by Mayor Pro Tem Binford, all voting "aye", adopting Resolution No. 89-143 naming Bill Morgan as the Election Judge and Jim Smith as the Alternate Election Judge for the November 7, 1989 election relating to the question of continuing the DART system. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", reappointed Max Raulins to serve Place 3 and Sue Goodwin to serve Place 9 on the Farmers Branch Hospital Authority Board of Directors. A motion by Councilmember Davis, a second by Councilman Moses, all voting "aye", adopted Resolution No. 89-145 nominating Tom Landrum as a candidate to serve on the Board of Directors of the Dallas Central Appraisal District. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced that no necessary action was needed at this time on the item of possible land acquisition. F.1 ADJOURNMENT. A motion by Mayor Pro Tem Binford, a second by Councilman Phelps, all voting "aye", adjourned the City Council meeting of October 2, 1989 at 10:50 P.M.. Mayor Dave Blair City Secretary Vol. 57, Page 25