1989-10-23 CC MinutesCITY OF FARMERS BRANCH
CITY COUNCIL
REGULAR MEETING
OCTOBER 23, 1989
COUNCIL CHAMBER
POLICE BUILDING
7:30 P.M.
The following members of the City Council were present:
Mayor
Mayor Pro Tem
Councilmembers
Dave Blair
Jeff Binford
Bob Phelps
Calla Davis
Ron Pyle
The following member of the City Council was absent:
Councilmember
Bill Moses
The following members of the City Administration were present:
City Manager
Assistant City Manager
City Attorney
City Attorney
City Secretary
Director of Community Services
Director of Planning
City Engineer
Asst. Dir. of Parks & Recreation
Director of Public Works
Director of Finance
Director of Economic Development
Public Information Officer
City Management Assistant
Recording Secretary
Richard L. Escalante
Steve Carpenter
John Boyle
Toby Bartholow
Ruth Ann Parish
Tom Scales
Michael Spicer
Jerry Murawski
Jeff Harting
Mark Pavageaux
Doug Vanderslice
Norma Nichols
Donna Huerta
Dave Reedy
Brenda Anderson
Mayor Blair called the City Council Meeting of October 23, 1989
to order at 7:32 p.m. The meeting was televised.
A.1 INVOCATION
Councilman Phelps gave the invocation and led the pledge of
allegiance to the flag.
MAYOR BLAIR ANNOUNCED THAT COUNCILMAN MOSES WAS OUT OF THE CITY
ON BUSINESS.
A.2 PROCLAIM MONDAY, OCTOBER 23 AS "GERMAN STUDENT EXCHANGE DAY"
IN FARMERS BRANCH AND RECOGNIZE STUDENTS AS HONORARY CITIZENS
OF FARMERS BRANCH.
Vol. 57, Page 26
Mayor Blair presented the following information and read the
proclamation that had been prepared. Garbsen, West Germany,
has sent 23 high school students to Farmers Branch for an
educational and cultural exchange as a part of the Sister City
Program in conjunction with the Carrollton/Farmers Branch
Independent School District.
Mayor Blair proclaimed October 2
Day" in Farmers Branch. Mayor
each of the 23 students with
Citizenship of Farmers Branch.
Dieter and Gudrun Roggenkamp,
students.
3 as "German Student Exchange
Blair welcomed and presented
a Certificate of Honorary
Mayor Blair recognized Dr.
chaperones of the German
Mayor Blair recognized Sister City Chairman Nancy Hardie who
also presented each of the students with a Farmers Branch
t-shirt.
Dr. Roggenkamp presented the Mayor with a pewter cup engraved
with the seal of the City of Garbsen, Germany.
Mayor Blair requested a motion to accept this gift as well as a
plaque from the City of Nottingham and an engraved crystal from
Worksop, Bassetlaw District, received on the recent Trade
Mission.
A motion by Councilmember Davis, a second by Mayor Pro Tem
Binford, all voting "aye" accepted the three gifts to be placed
in the appropriate place.
MAYOR BLAIR RECOGNIZED COUNCILM;
ANNOUNCEMENTS. COUNCILMAN PHELPS
FORUM ON CRIME AND DRUGS HELD AT
IT WILL BE SHOWN AGAIN ON CHANNEL
28. HE ALSO STATED THIS IS RED
THE FIGHT AGAINST DRUGS.
AN PHELPS WHO WISHED TO MAKE
PRAISED THE OCTOBER 14 TOWN
THE MANSKE LIBRARY. HE STATED
8, 10:30 A.M., SUNDAY, OCTOBER
RIBBON WEEK DESIGNATED TO HELP
COUNCILMAN PHELPS ISSUED AN INVITATION TO ALL VETERANS TO ATTEND
THE NOVEMBER 6 COUNCIL MEETING AS HE IS REQUESTING AN AGENDA ITEM
TO RECOGNIZE OUR VETERANS IN HONOR OF NOVEMBER 11, VETERANS DAY.
A.3 PRESENTATION OF FARMERS BRANCH CHAMBER OF COMMERCE RESOLUTION
IN SUPPORT OF REMAINING WITHIN DART (DALLAS AREA RAPID
TRANSIT).
This item has been placed on the agenda at the request of Mr.
Doug Bryan of the Farmers Branch Chamber of Commerce.
Mayor Blair recognized the following members of the Farmers
Branch Chamber of Commerce who were present in support of
remaining within DART (Dallas Area Rapid Transit). Those
present were Doug Bryan, Jim Shafer, Berry Grubbs, Mike Tucker,
Vol. 57, Page 27
Mike DeGrazier, and Todd Meier. Mr. Bryan read the Farmers
Branch Chamber of Commerce Resolution No. 89-032 encouraging
the residents of Farmers Branch to vote to remain within the
DART service area in the scheduled November 7, 1989 withdrawal
election.
Mayor Blair recognized the following citizens who also spoke in
favor of DART.
Joseph Lemming, 13719 Sundown Trail, spoke in favor of DART.
Holly Ondich, student at Brookhaven College, requested support
of DART as she is blind and uses DART as her transportation to
school.
Debbie McElfish, representing the disabled students at
Brookhaven College, requested support of DART as many of the
students at the College depend on the DART service to continue
their education. She also spoke on behalf of Dr. Patsy
Fulton, President of Brookhaven College, who requested support
of continuing DART service in our area.
Laverne Gilbert, 13921 Janwood,
clarified the 1% sales tax is
area, not the citizens.
spoke in support of DART and
paid by the businesses in the
A motion by Councilmember Davis, a second by Councilman Pyle,
all voting "aye", accepted the Farmers Branch Chamber of
Commerce Resolution 89-032 encouraging residents to vote to
remain within the DART service area.
A.4 PRESENTATION OF BOARD APPLICATIONS.
The following were present to express their interest in the
Parks and Recreation Board vacancy and request their
applications be considered.
Frank Shor, 2517 Danny Lane
Bob Shaw, 13635 Janwood
Tony Trezza, 3040 Selma Lane
Mary Barnes, 2946 Oxfordshire
Sandy Davenport, 13802 Wooded Creek
B.1 - B.10 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
Vol. 57, Page 28
in order to speed up discussion for those items that need more
time for discussion.
A motion by Councilmember Davis, a second by Mayor Pro Tem
Binford, all voting "aye", approved the addition of C.4, C.5,
C.6, D.3, and D.4 to the Consent Agenda.
A motion by Mayor Pro Tem Binford, a second by Councilman Pyle,
all voting "aye", approved the Consent Agenda.
B.1 APPROVED MINUTES OF COUNCIL MEETING OF OCTOBER 2,
1989.
B.2 APPROVED AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR
IRRIGATION SUPPLIES FOR THE PARKS AND RECREATION
DEPARTMENT.
B.3 APPROVED AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR
SMALL EQUIPMENT FOR THE PARKS AND RECREATION
DEPARTMENT.
B.4 APPROVED AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR
CHEMICALS AND FERTILIZER FOR THE PARKS AND RECREATION
DEPARTMENT.
B.5 APPROVED AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR
PEPPER PARK RESTROOMS.
B.6 APPROVED AUTHORIZING ADVERTISEMENT FOR BIDS FOR FOUR
(4) SELF CLEANING COMPACTION WHEELS WITH PIN ON TEETH
FOR A COMPACTOR AT CAMELOT LANDFILL.
B.7 APPROVED AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR
THE ANNUAL SUPPLY OF PORTLAND CEMENT CONCRETE FOR THE
STREET DIVISION.
B.8 APPROVED AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR
THE ANNUAL SUPPLY OF HOT MIX ASPHALTIC CONCRETE AND
HOT MIX COLD LAID MATERIAL FOR THE STREET AND UTILITY
DIVISIONS.
B.9 APPROVED AUTHORIZING THE CITY TO ADVERTISE FOR A BID
ONE YEAR SUPPLY OF LIMESTONE SCREENINGS FOR THE
UTILITY DIVISION.
B.10 APPROVED AUTHORIZING THE CITY MANAGER TO EXECUTE A
RELEASE OF LIABILITY FORM WITH PRINCIPAL MUTUAL LIFE
INSURANCE COMPANY, TRAMMELL CROW COMPANY FOR USE OF
THEIR PARKING FACILITIES ON OCTOBER 28, 1989 FOR
"HALLOWEEN IN THE PARK" AND DECEMBER 9 & 16, 1989 FOR
"DICKENS IN THE PARK."
Vol. 57, Page 29
C.4 APPROVED REQUEST OF CENTRE DEVELOPMENT CO., INC. FOR
APPROVAL OF A SITE PLAN FOR IDENTIFICATION SIGNAGE
WITHIN THE PLANNED DEVELOPMENT NO. 51 ZONING DISTRICT
LOCATED AT THE NORTHWEST CORNER OF MIDWAY ROAD AND
LBJ FREEWAY.
C.5 APPROVED REQUEST FOR A SITE PLAN APPROVAL FOR AN
AUTOMOBILE DEALERSHIP WITHIN THE PLANNED DEVELOPMENT
NO. 40 ZONING DISTRICT AT 4545 LBJ FREEWAY.
C.6 APPROVED REQUEST BY THE CITY OF FARMERS BRANCH, TEXAS
FOR FINAL PLAT APPROVAL OF WICKER ADDITION TO CREATE
A BUILDING SITE FOR AN ADDITIONAL WATER STORAGE TANK
AND OTHER IMPROVEMENTS.
D.3 ADOPTED RESOLUTION NO. 89-146 AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH APPLIED EARTH
SCIENCES INC. IN AN AMOUNT NOT TO EXCEED $11,700 FOR
ENVIRONMENTAL CONSULTING AT THE SENLAC SERVICE
CENTER.
D.4 ADOPTED RESOLUTION NO. 89-150 APPROVING THE SALE OF
THE IBM SYSTEM/38 COMPUTER SYSTEM TO THE FIRST
EQUIPMENT COMPANY FOR $1,101.
C.1 CITY MANAGER REPORTS.
City Manager Richard Escalante gave an informative report of
the happenings and status of other projects in the departments
of the City.
C.2 PUBLIC HEARING: CONSIDER REQUEST OF SAN PARTNERSHIP FOR
APPROVAL OF A SPECIFIC USE PERMIT FOR AN AUTOMOTIVE GENERAL
REPAIR FACILITY WITHIN A LIGHT INDUSTRIAL ZONING DISTRICT AT
3340 BELTLINE ROAD AND TAKE APPROPRIATE ACTION.
Mayor Blair presented the following information for
consideration. European Technology operates a sales facility
for new and used automobiles at 3340 Beltline. Under the
specific use permit which was granted for auto sales, repair of
vehicles to be sold on site is permitted. The applicant is
requesting permission to expand the repair activity to include
automotive repairs to the general public which requires a
specific use permit.
Mayor Blair stated that the Planning and Zoning Commission, by
a 4 to 2 vote, recommends the request for a specific use permit
to allow general automotive repairs at 3340 Belt Line Road be
denied.
Mayor Blair opened the public hearing and recognized Kirk
Williams representing European Technology. Mr. Williams
explained that although the Planning and Zoning Commission
Vol. 57, Page 30
recommended denial of the specific use permit, City Staff's
recommendation was for approval with the condition that outdoor
repairs be prohibited. Mr. Williams stated that condition was
agreeable.
Mayor Blair recognized Bill McAfee, owner of European
Technology, who was available for any questions of Council.
There being no one else wishing to speak, a motion by Mayor Pro
Tem Binford, a second by Councilmember Davis, all voting "aye",
closed the public hearing.
Discussion was held concerning Planning and Zoning's reason for
denial of SUP being possible redevelopment in future years and
Council's concern for a thriving business in that area
presently. After some discussion, Mayor Pro Tem. Binford
requested the condition be added as follows in order to address
the concern of the Planning and Zoning Commission, "That the
City Staff shall monitor the automotive general repair facility
and prior to August 1, 1993, apprise the City Council of the
regulatory compliance record associated with the automotive
general repair facility. In the event of an unsatisfactory
compliance record, the City reserves the right to institute a
zoning case to rezone the property from its existing zoning and
to terminate the specific use permit."
A motion by Councilmember Davis, a second by Councilman Phelps,
all voting "aye", adopted the following captioned Ordinance No.
1845 approving the specific use permit with the condition added
"That the City Staff shall monitor the automotive general
repair facility and prior to August 1, 1993, apprise the City
Council of the regulatory compliance record associated with the
automotive general repair facility. In the event of an
unsatisfactory compliance record, the City reserves the right
to institute a zoning case to rezone the property from its
existing zoning and to terminate the specific use permit."
AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY
OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS
TO GRANT A SPECIFIC USE PERMIT FOR AN AUTOMOTIVE GENERAL
REPAIR FACILITY IN A LIGHT INDUSTRIAL (LI) ZONING
DISTRICT AT 3340 BELTLINE ROAD; PROVIDING FOR
CONDITIONS OF OPERATION; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE
RELIEF; PROVIDING AN EFFECTIVE DATE.
C.3 PUBLIC HEARING: CONSIDER DELETING A SPECIFIC USE PERMIT
ALLOWING THE RETAIL SALES OF GUN ACCESSORIES AND JEWELRY AND
OTHER ACCESSORY USES WITHIN THE PLANNED DEVELOPMENT NO. 34
ZONING DISTRICT AT 2553 VALLEY VIEW LANE AND TAKE APPROPRIATE
ACTION.
Vol. 57, Page 31
Mayor Blair presented the
consideration. On September 11,
Commission authorized the City
hearing process necessary to dele
2, 1987 by Ordinance No. 1739.
the operation of a retail store f
and jewelry and other accessory u
34 at 2553 Valley View Lane.
Rosenberg, never opened the store
ordinance.
following information for
1989, the Planning and Zoning
Staff to begin the public
to the SUP granted on November
The specific use permit allows
or the sale of gun accessories
ses in Planned Development No.
The applicant, A. Jack
or met the conditions of the
The conditions of the specific use permit (such as number and
type of equipment as well as product brands) were tailored to
Mr. Rosenberg's particular operation. The possibility of
another entity operating precisely in the manner proposed by
Mr. Rosenberg and meeting all the conditions of the ordinance
is remote.
Mayor Blair stated that the Planning and Zoning Commission, by
unanimous vote, recommend that Ordinance No. 1739, granting a
specific use permit for retail sales of gun accessories and
jewelry and other accessory uses at 2553 Valley View Lane, be
deleted.
Mayor Blair opened the public hearing.
There being no one
Binford, a second
closed the public h,
A motion by Mayor
Davis, all voting
Ordinance No. 1844
wishing to speak, a motion by
by Councilman Phelps, all
Baring.
Pro Tem Binford, a second by
"aye", adopted the follow
to delete Ordinance No. 1739.
Mayor Pro Tem
voting "aye",
Councilmember
ing captioned
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE
AMENDED; SO AS TO DELETE A SPECIFIC USE PERMIT FOR THE
OPERATION OF A RETAIL STORE FOR THE SALE OF GUN
ACCESSORY USES IN THE PLANNED DEVELOPMENT NO. 34 ZONING
DISTRICT; BEING PROPERTY WHICH IS PART OF BLOCK 1 OF THE
D.T. MACON ADDITION IN ABSTRACT 733 AND MORE COMMONLY
KNOWN AS 2553 VALLEY VIEW LANE; REPEALING ORDINANCE NO.
1739; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
PROVIDING FOR SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
C.4 Consent Item
C.5 Consent Item
Vol. 57, Page 32
C.6 Consent Item
C.7 DISCUSS REQUESTS BY VERNON SMITH.
This item has been placed on the agenda at the request of
Vernon Smith to discuss the following three items.
1. Cut down tree trapped on the first dam west of the Mallon
Park dam.
2. Large amounts of siltation coming from upstream of Farmers
Branch Creek.
3. To discuss the Zoecon letter about groundwater.
Mayor Blair recognized Vernon Smith, 2715 Bay Meadows Circle.
Mr. Smith requested the City be more active in monitoring and
inspecting the creeks referencing the tree trapped on the dam
west of the Mallon Park dam.
Staff assured Mr. Smith the tree he referred to had been
removed by City personnel.
Mr. Smith requested the City adopt an ordinance requiring
residents who back up to the creek to have some type of erosion
control to prevent the siltation coming from upstream of
Farmers Branch Creek.
Mr. Smith stated Shane Jackson would address the third item.
Mayor Blair recognized Shane Jackson, 3834 Ermine Way, who
discussed the recent letter received from the Texas Water
Commission about Zoecon and groundwater. Mr. Jackson asked
what steps the Council planned to pursue.
Mayor Blair recognized City Manager Richard Escalante who
stated the information would be provided to consultants for
their expert advice as to future actions to be taken.
C.8 CONSIDER ORDINANCE NO. 1846 APPROVING THE TRANSFER OF THE
CABLE TELEVISION FRANCHISE FROM HERITAGE CABLEVISION
ASSOCIATES OF DALLAS TO TCI CABLEVISION OF DALLAS, INC. AND
TAKE THE APPROPRIATE ACTION.
Mayor Blair presented the following information for
consideration. TCI Cablevision of Dallas desires to have the
cable television franchise transferred from Heritage
Cablevision to themselves. Approval of the transfer from the
City Council is necessary prior to any franchise transfer. As
a condition of approval for the cablevision transfer, both TCI
Cablevision of Dallas and Heritage Cablevision have agreed to
accept certain inducement representations, to submit periodic
reports, submit to periodic evaluations, and provide services
required in the current cablevision franchise. The current
Vol. 57, Page 33
cablevision franchise expires in the year 2000. The transfer
would not extend the length of the existing franchise.
The Assistant City Manager recommends approval of Ordinance No.
1846 transferring the Cablevision franchise from Heritage
Cablevision to TCI of Dallas, Inc.
Mayor Pro Tem. Binford expressed concern about customers with
service problems on the weekend.
Mayor Blair recognized Dennis Jones, general manager of
Heritage. Mr. Jones referenced the letter presented to Council
this evening that states a representative would be available to
return calls on the weekend and talk the customer through the
most common problem which is fine tuning the television
receiver. If this fails to correct the problem, a service call
would then be scheduled.
Council agreed this was a viable solution.
A motion by Mayor Pro Tem Binford, a second by Councilmember
Davis, all voting "aye", adopted the following captioned
Ordinance No. 1846 with the inclusion of the letter dated
October 23, 1989, to be stated in Exhibit A-IV of the
Ordinance.
AN ORDINANCE AMENDING ORDINANCE NO. 1289 OF THE CITY OF
FARMERS BRANCH, PASSED ON FINAL READING ON JANUARY 21,
1980, AS AMENDED BY ORDINANCE NO. 1601, PASSED ON
SEPTEMBER 9, 1985, APPROVING THE TRANSFER BY HERITAGE
CABLEVISION ASSOCIATES OF DALLAS, L.P. TO TCI
CABLEVISION OF DALLAS, INC. ("TCI") OF THE FRANCHISE TO
OPERATE A CABLE COMMUNICATIONS TELEVISION SYSTEM WITHIN
THE CITY; ACCEPTING CERTAIN INDUCEMENT REPRESENTATIONS
OF TCI; PROVIDING FOR PERIODIC REPORTING BY TCI TO THE
CITY AND PERIODIC EVALUATIONS OF TCI'S PERFORMANCE;
PROVIDING FOR THE CONTINUATION OF EXISTING USAGES AND
SERVICES NOW PROVIDED BY THE CURRENT FRANCHISE;
PROVIDING THAT A MATERIAL BREACH SHALL BE GROUNDS FOR
TERMINATING THE FRANCHISE; PROVIDING AN EFFECTIVE DATE;
AND PROVIDING A SEVERABILITY CLAUSE.
C.9 DISCUSS STATUS OF THE COMPREHENSIVE PLAN DEVELOPMENT
STANDARDS FOR THE LBJ CORRIDOR STUDY AREA.
Mayor Blair presented the following information for
consideration. At the August 7, 1989 meeting, the City Council
directed Staff to formulate some recommendation(s) addressing
buffering of residential neighborhoods from commercial
development within the context of a 3:1 building proximity
slope and 1:1 FAR for the LBJ Study Area.
Vol. 57, Page 34
At the October 2, 1989 City Council meeting, Staff made a
presentation illustrating possible maximum development
scenarios under a 3:1 building slope and 1:1 FAR, and provided
an overview of fundamental buffering concepts. Subsequently,
the City Council directed Staff to re-examine the study area
without the constraint of 3:1 slope and 1:1 FAR criteria.
Staff is not prepared to submit a recommendation at this time
but would like to apprise City Council of some of the options
presently being considered.
Mayor Blair recognized Michael Spicer, Director of Planning,
who presented an update of the buffering and building height
options being considered.
Mayor Blair recognized the following people who wished to speak
on this item.
Bruce Woody, 3210 Damascus Way, asked if the legal opinion
about the power of condemning land by the Hospital Authority
was ready yet. City Attorney John Boyle reported the legal
opinion would be available within the next few days. Mr. Woody
then asked if consideration had been given to consulting an
urban design planner for the LBJ Corridor. Mayor Blair stated
this was not felt to be necessary as the Comprehensive Plan
itself was written by an urban design planner. Mr. Woody
requested that consideration of property devaluation due to
high rise buildings be considered in guidelines for the LBJ
Corridor.
Vernon Smith, 2715 Bay Meadows Circle, asked about the
guidelines for notification of residents concerning the LBJ
Corridor item on the agenda and reminded Council of the need
for the proper buffer strip between residential and commercial
properties.
Fred Johnson, 12212 Ridgefair Place, opposed any changes in the
LBJ Corridor area.
Ted Thayer, 3457 Ridgeoak Way, opposed development in the LBJ
Corridor area due to heavy traffic flow and devaluation of
property.
Jerry Oakes, 12124 Ridgefair, opposed development in the LBJ
Corridor area due to heavy traffic and devaluation of property.
Max Raulins, representative of the Metrocrest Hospital
Authority, stated the need for reasonable guidelines to allow
the Hospital to expand along the LBJ Corridor and requested the
same guidelines apply for all of the City.
Harold Ottensman, 12111 Brisbane, requested to be notified of
any future meetings concerning the LBJ Corridor.
Vol. 57, Page 35
Rolland Manzke, 3141 Brincrest, stated hospitals are a
for-profit organization and the hospital's needs should not be
a consideration of the development guidelines being addressed
for the LBJ Corridor.
Darrel Liston, 2832 Bay Meadows Circle, spoke on height
limitations for buildings on LBJ Corridor.
Jan Woody, 3210 Damascus Way, was concerned about people being
notified of the meetings about the LBJ Corridor to enable all
citizens to be heard on the issue.
Mayor Blair recognized Tom Scales, Director of Community
Services, who stated the notification procedures.
D.1 CONSIDER RESOLUTION NO. 89-147 ENDORSING THE DESIGNATION OF
STATE HIGHWAY 190 AS THE DWIGHT D. EISENHOWER FREEWAY AND
TAKE THE APPROPRIATE ACTION.
Mayor Blair stated this item has been withdrawn.
D.2 CONSIDER RESOLUTION NO. 89-148 SUPPORTING PROPOSITION NO. 8
AMENDING THE TEXAS CONSTITUTION RELATING TO THE FUNDING OF
FACILITIES FOR CORRECTION INSTITUTIONS AND MENTAL HEALTH
INSTITUTIONS AND TAKE THE APPROPRIATE ACTION.
This item has been placed on the agenda at the request of Mayor
Blair.
Mayor Blair presented the following information for
consideration. Proposition No. 8 proposes an amendment to the
Texas Constitution providing for the issuance of general
obligation bonds for acquiring,- constructing, or equipping
corrections institutions, youth corrections institutions,
statewide law enforcement facilities, and mental health and
mental retardation institutions. The City of Farmers Branch
firmly believes the constitutional amendment proposed by
Proposition 8 is necessary to ensure the maintenance of law and
order throughout the State of Texas while also ensuring humane
treatment of inmates of the various institutions. The City
desires to encourage the citizens of the City of Farmers Branch
to support Proposition 8 at the general election to be held
November 7, 1989. Resolution No. 89-148 has been prepared for
consideration.
A motion by Councilmember Davis, a second by Councilman Phelps,
all voting "aye", adopted Resolution No. 89-148 supporting
Proposition No. 8 amending the Texas Constitution relating to
the funding of facilities for correction institutions and
mental health institutions.
Vol. 57, Page 36
Staff agreed to send a copy of the executed Resolution No.
89-148 to the City of Woodville and the City of Hondo per the
Mayor's request.
D.3 Consent Item
D.4 Consent Item
D.5 CONSIDER ADOPTING RESOLUTION NO. 89-149 AWARDING A BID FOR
TRAFFIC SIGNAL SYSTEM AND INTERCONNECT AT VALWOOD PARKWAY AND
OLD DENTON ROAD TO TRAFFIC SIGNALS, INC.
Mayor Blair presented the following information for
consideration. On October 6, 1989, four (4) bids were received
for traffic signal installation at Valwood Parkway and Old
Denton Road interconnected with the signals at Valwood Parkway
and IH35E. The low bid was from Traffic Signals, Inc. for
$88,188.80. Traffic Signals, Inc. has successfully completed
several similar projects for the City and has provided other
satisfactory references.
There is $100,000.00 in the DART Local Assistance Program (LAP)
identified in the 1989/90 Capital Improvements Program Budget
for the project.
The City Engineer recommends adopting Resolution No. 89-149.
A motion by Councilman Pyle, a second by Mayor Pro Tem Binford,
all voting "aye", adopted Resolution No. 89-149 awarding a bid
for $88,188.80 to Traffic Signals, Inc. for Traffic Signal
System and Interconnect at Valwood Parkway and Old Denton Road.
D.6 CONSIDER ADOPTING RESOLUTION NO. 89-151 APPROVING CHANGE
ORDER NO. 1 FOR THE ADDITION OF ALUMINUM BLEACHER SEATS FOR
THE ORAN GOOD PARK ATHLETIC IMPROVEMENTS PHASE I.
Mayor Blair presented the following information for
consideration. Gilbert//Cox, Inc. was awarded the construction
contract for the Oran Good Park Athletic Improvements Phase I
on August 7, 1989 in the amount of $419,000.00. The
unencumbered balance for Oran Good Athletic Improvements is
$73,000.00.
Change Order No. 1 in the amount of $23,360.00 is for aluminum
bleacher seats with backs to be added to the concrete
bleachers. The aluminum seats will provide for a more
comfortable facility for park users.
The City Engineer recommends the adoption of Resolution No.
89-151.
A motion by Councilmember Davis, a second by Councilman Pyle,
all voting "aye", adopted Resolution No. 89-151 approving
Vol. 57, Page 37
Change Order No. 1 for aluminum bleacher seats with backs to
be added to the construction contract with Gilbert//Cox, Inc.
in the amount of $23,360.
D.7 CONSIDER ADOPTING RESOLUTION NO. 89-155 AWARDING A BID FOR
TRAFFIC SIGNAL INSTALLATION AT SPRING VALLEY/PROTON AND
VALWOOD/DIPLOMAT.
Mayor Blair presented the following information for
consideration. On October 16, 1989, two (2) bids were received
for traffic signal installation at Valwood and Diplomat and at
Spring Valley and Proton.
The low bid was received from Traffic Signals, Inc., in the
amount of $123,770.60. However, the bid was incomplete and
should be rejected. The second bid was from Sharrock Electric
in the amount of $130,442.00. Sharrock Electric is presently
completing several projects for the City and has additional
satisfactory references.
There is $200,000.00 in the DART Local Assistance Program (LAP)
identified in the 1989/90 Capital Improvements Program Budget
for both projects.
The City Engineer recommends that Traffic Signal Installation
at Spring Valley and Proton and Valwood at Diplomat be awarded
to Sharrock Electric by adopting Resolution No. 89-155.
A motion by Councilman Phelps, a second by Councilman Pyle, all
voting "aye", adopted Resolution No. 89-155 awarding a bid for
Traffic Signal Installation at Spring Valley and Proton and
Valwood at Diplomat to Sharrock Electric for $130,442.
D.8 CONSIDER ADOPTING RESOLUTION NO. 89-156 APPROVING CHANGE
ORDER NO. 8 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 City has requested changes in the plaza
area of City Hall and in the location of Audio/Visual/Video
equipment. Specifically, the changes to the plaza area are the
addition of handicapped ramps, reshaping of the plaza steps and
adding concrete landing at the bottom of the steps. The
changes to the A/V/V system consist of one additional audio tap
and one additional microphone connection in the Council
Conference room and relocation of the cassette recorder in the
Council Chambers.
Change Order No. 8 provides for these changes to the
construction contract with Dal-Mac Construction Company in the
amount of $8,136.00 addition to the contract price.
Vol. 57, Page 38
The City Engineer recommends adoption of Resolution No. 89-156.
A motion by Councilmember Davis, a second by Councilman Pyle,
all voting "aye", adopted Resolution No. 89-156 to approve
Change Order No. 8 providing for changes in the plaza area of
City Hall and in the location of Audio/Visual/Video equipment
to a construction contract with Dal-Mac Construction company in
the amount of $8,136.00 for Farmers Branch City Hall Project.
D.9 CONSIDER AUTHORIZING THE ADVERTISEMENT FOR BID FOR REMOVAL OF
ASBESTOS CONTAINING BUILDING MATERIALS FROM THE EXISTING CITY
HALL BUILDING AND TAKE APPROPRIATE ACTION.
Mayor Blair presented the following information for
consideration. The existing City Hall building will be
demolished soon after City Staff occupies the new facility
under construction. An environmental assessment of the
existing facility has determined that asbestos is present. The
Texas Air Quality Control Board prohibits the release of
asbestos fibers into the air; hence, the asbestos must be
removed in conformance with EPA requirements before the
building can be demolished. The preliminary estimated cost is
$250,000.00 for the asbestos removal and $40,000.00 for air
monitoring and inspection. Funding would come from the City
Hall project contingencies and the 1989-90 CIP Non-Bond Fund
Reserve for Contingencies.
The City Engineer recommends authorizing advertisement of bids
for removal of asbestos containing building materials from the
existing City Hall building.
A motion by Councilmember Davis, a second by Councilman Pyle,
all voting "aye", authorized the advertisement for bid for
removal of asbestos containing building materials from the
existing City Hall building.
D.10 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE
APPROPRIATE ACTION.
This item is placed on the agenda for Council discussion and
consideration.
City Manager Richard Escalante stated the City will be selling
bonds the latter part of November for the Valwood Phase II
Project between Josey Lane and Webb Chapel Road. To enable the
City to get the best rating from Standard & Poor's and Moody
which will in turn provide better interest rates, permission is
requested for the City Manager and Council to travel to New
York to make a presentation.
A motion by Councilmember Davis, a second by Councilman Pyle,
all voting "aye", approved the City Manager, Mayor and
Councilmembers to travel to New York and return the following
Vol. 57, Page 39
day to attend the Bond Hearings relative to the bonds to be
sold for the Valwood Phase II Project in November.
City Manager Richard Escalante also requested to travel within
the state to interview a prospective Personnel Director.
A motion by Mayor Pro Tem Binford, a second by Councilman Pyle,
all voting "aye", approved the City Manager to travel within
the state to interview a prospective Personnel Director.
Mayor Blair gave a report on the Economic Development Trip to
England and Germany. He stated the trip was very productive in
meeting with several of their Chamber of Commerce and Industry
leaders. Mayor Pro Tem Binford, Councilmember Davis, and
Councilman Pyle also reported on productive meetings with
prospective industries for Farmers Branch.
D.11 CITIZEN PARTICIPATION.
There was no one wishing 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 APPOINTMENTS TO THE PARK AND
RECREATION BOARD.
Appointments to the Park and Recreation Board were discussed.
b. DISCUSS LAND ACQUISITION - ARTICLE 6252-17, SEC. 2(f)
1. DISCUSS POSSIBLE LAND ACQUISITION.
c. DISCUSS PENDING AND CONTEMPLATED LITIGATION ARTICLE
6252-17 SEC. 2(e)
1. DISCUSS THE WATER RATE CASE.
2. DISCUSS NATIONAL ADVERTISING COMPANY VS. CITY
OF FARMERS BRANCH PENDING LITIGATION.
A discussion was held relating to the water rate case.
A discussion was held relating to National Advertising Company
vs. City of Farmers Branch pending litigation.
THE COUNCIL RECONVENED INTO GENERAL SESSION.
Vol. 57, Page 40
E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN
THE EXECUTIVE SESSION.
A motion by Mayor Pro Tem Binford, a second by Councilman Pyle,
all voting "aye", appointed Bob Shaw to serve Place 1 on the
Park and Recreation Board for a term to expire October 1, 1991.
E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN
THE EXECUTIVE SESSION.
A motion by Councilmember Davis, a second by Councilman Pyle,
all voting "aye", approved the purchase and authorized the City
Manager to execute a contract with Triangle Supply Co. for the
property at 12705 Bee Street, adjacent to the City Hall, in the
amount of $255,000.00.
E.4 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED
LITIGATION DISCUSSED IN THE EXECUTIVE SESSION.
Mayor Blair announced that no action was needed on items
discussed on pending litigation.
F.1 ADJOURNMENT.
A motion by Mayor Pro Tem Binford, a second by Councilmember
Davis, all voting "aye", adjourned the City Council meeting of
October 23, 1989 at 11:50 p.m.
Mayor Dave Blair
City Secretary
Vol. 57, Page 41