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1989-11-20 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING NOVEMBER 20, 1989 COUNCIL CHAMBER POLICE BUILDING 7:37 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers J 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 City Engineer Director of Parks & Recreation Director of Public Works Director of Finance Director of Equipment Services Public Information Officer City Management Assistant Recording Secretary Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish Jerry Murawski Jeff Fuller Mark Pavageaux Doug Vanderslice Don Moore Donna Huerta Dave Reedy Brenda Anderson Mayor Blair called the City Council Meeting of November 20, 1989 to order at 7:37 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 recognized Ward Emling, Location Manager for Problem Child, Inc.. Mr. Emling expressed his appreciation for the City's cooperation and efforts in the making of the movie "Problem Child." Mr. Emling presented a check to the following: Parks and Recreation Department, City of Farmers Branch, and the Carrollton-Farmers Branch Soccer Association to thank them for their cooperation. A motion by Councilmember Davis, a second by Mayor Pro Tem Binford, all voting "aye", accepted the donation checks to the Vol. 57, Page 57 Parks and Recreation Department and the City of Farmers Branch from Problem Child, Inc. A.2 PRESENTATION OF PLANS FOR THE ANNUAL "CHRISTMAS PRESENT" TREE LIGHTING CEREMONY AND "CHRISTMAS PAST" OPEN HOUSE BY THE FARMERS BRANCH CHAMBER OF COMMERCE. This item has been placed on the agenda at the request of Janie Scarbrough, President of the Farmers Branch Chamber of Commerce. Mayor Blair recognized Bill Hamilton, representative of the Farmers Branch Chamber of Commerce. Mr. Hamilton gave an informative presentation of the Christmas happenings to be held in Farmers Branch. The seventh annual "Christmas Present" Tree Lighting Ceremony will be held on Friday, December 1, at 7:00 p.m. at Holiday Park (Valley View at Alpha). The 4th Annual "Christmas Past" Open House will be Sunday, December 3, from noon to 5:00 p.m. at the Farmers Branch Historical Park. All were invited to come and enjoy the festivities. A.3 PRESENTATION TO CITY FROM MARKHAM, CANADA. This item has been placed on the agenda at the request of Mayor Blair. Mayor Blair reported on his economic trade mission to the City of Markham, Canada, with Economic Development Director, Norma Nichols. He stated the City of Markham would like to form a bond with the City of Farmers Branch for economic development and trade. Mayor Anthony Roman of the City of Markham indicated he would be visiting our area in the near future. Mayor Blair presented the book Markham Remembers, donated by Mayor Roman, to City Manager Richard Escalante for the City Library. A.4 PRESENTATION OF SERVICE AWARDS Mayor Blair presented a 15 year employee service award to Jack Bassham of the Police Department. Mayor Blair presented a 5 year employee service award to Tami Chastain of the Parks and Recreation Department. Mayor Blair presented a 5 year employee service award to Lisa Henderson of the Equipment Services Department. A.5 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. B.1 - B.8 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE Vol. 57, Page 58 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 Pyle, all voting "aye", approved the addition of items C.2, C.6, D.3 and D.4 to the Consent Agenda. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", approved the Consent Agenda. B.1 APPROVED MINUTES OF COUNCIL MEETING OF NOVEMBER 6, 1989. B.2 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR LARGE DIAMETER FIRE HOSE, MASTER STREAM EQUIPMENT, MISCELLANEOUS APPLIANCES FOR CONVERSION TO LARGE DIAMETER HOSE, REPLACEMENT ONE AND THREE-QUARTER INCH HOSE AND NOZZLES FOR THE FIRE DEPARTMENT. B.3 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR CONSTRUCTION OF A STORM DRAINAGE SYSTEM ON KEYPORT DRIVE AND MORNINGSTAR LANE. B.4 ADOPTED RESOLUTION NO. 89-169 ACCEPTING A SIDEWALK EASEMENT DEDICATED BY MS. MARTHA JO POINTER FOR SIDEWALK IMPROVEMENTS TO BE CONSTRUCTED AS PART OF THE COOKS CREEK PLACE STREET RECONSTRUCTION PROJECT. B.5 ADOPTED RESOLUTION NO. 89-170 ACCEPTING TWO CORRECTION WARRANTY DEEDS FROM MS. HELEN WELLS AND MR. AND MRS. EARL H. STUTZMAN, OWNERS OF THE PROPERTY LOCATED AT 14530 SHOREDALE LANE AND 14520 SHOREDALE LANE RESPECTIVELY, TO THE CITY OF FARMERS BRANCH TO CORRECT LEGAL DESCRIPTION ERRORS IN TWO PREVIOUSLY DEDICATED WARRANTY DEED DOCUMENTS. B.6 ADOPTED RESOLUTION NO. 89-164 AUTHORIZING A RELEASE OF COVENANTS OF A DEVELOPER'S CONTRACT WITH POLYGON CORPORATION (FOR PUBLIC IMPROVEMENTS WHICH ARE COMPLETED) FOR OAKBROOK VILLAGE ADDITION, BLOCK C & D, OAKBROOK ON BROOKHAVEN, PHASE III. B.7 ADOPTED RESOLUTION NO. 89-166 APPROVING CHANGE ORDERS NO. 1 AND NO. 2 RELATIVE TO A CONTRACT WITH Vol. 57, Page 59 COPPELL CONSTRUCTION COMPANY, INC., FOR DRAINAGE IMPROVEMENTS TO GUSSIE FIELD WATERWORTH PARK. B.8 ADOPTED RESOLUTION NO. 89-172 ACCEPTING A TRAFFIC SIGNAL EASEMENT DEDICATED BY DALLAS COUNTY COMMUNITY COLLEGE DISTRICT FOR THE CONSTRUCTION AND CONTAINMENT OF A TRAFFIC SIGNAL AT ALPHA ROAD AND MCEWEN DRIVE. C.2 APPROVED REQUEST BY GILLIS THOMAS FOR REPLAT APPROVAL OF CONLON-THOMAS ADDITION NO. 2 TO CREATE ONE LOT FOR AN OFFICE/WAREHOUSE BUILDING. C.6 ADOPTED RESOLUTION NO. 89-174 APPROVING A GENERAL RELEASE IN COMPENSATION FOR A REFUND FROM MANVILLE SALES CORPORATION IN THE AMOUNT OF $14,895 RELATING TO THE SENIOR ADULT ACTIVITY CENTER. D.3 AUTHORIZED THE EXECUTION OF AGREEMENTS WITH THE FOLLOWING ORGANIZATIONS FOR FUNDING AS PROVIDED IN THE 1989-1990 BUDGET. 1. METROCREST YOUTH AND FAMILY SERVICES, INC. 2. FAMILY OUTREACH CENTER 3. METROCREST SERVICE CENTER 4. OFFICE ON AGING 5. BROOKHAVEN COMMUNITY COLLEGE 6. NORTH TEXAS FILM COMMISSION 7. NORTH TEXAS COMMISSION 8. FARMERS BRANCH CHAMBER OF COMMERCE D.4 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1853 PROHIBITING LEFT TURNS FROM FORE CIRCLE (PRIVATE DRIVE) AT OAKBROOK PARKWAY. AN ORDINANCE OF THE CITY PROHIBITING LEFT TURNS F: DRIVE) ONTO OAKBROOK CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY EMERGENCY. C.1 CITY MANAGER REPORTS OF FARMERS BRANCH, TEXAS ROM FORE CIRCLE (PRIVATE PARKWAY; REPEALING ALL PROVIDING A PENALTY; CLAUSE; AND DECLARING AN City Manager Richard Escalante reported on the Bond Hearings held in New York City attended by Mayor Blair, Councilman Pyle, Finance Director Douglas Vanderslice, and himself. The City of Farmers Branch retained their excellent ratings of AA by Moody's and AA- by Standard and Poor's. City Manager Richard Escalante gave an informative report of the happenings and status of projects in the departments of the city. C.2 Consent Item Vol. 57, Page 60 C.3 CONSIDER REQUEST BY TOM ENGLANDER TO DISCUSS THE NEED FOR CITY RESIDENTS TO VOTE AT TWO LOCATIONS DURING THE LAST ELECTION. This item has been placed on the agenda at the request of Tom Englander. Mayor Blair recognized Tom Englander. Mr. Englander was the Precinct Judge for 1206 and expressed concern of City residents that they had to vote at two locations during the November 7 election. He requested consideration be given to future elections being held in one location. Mayor Blair expressed regret that citizens were inconvenienced by the two locations. He explained the Election Commissioner had been contacted for the November 7 election to determine how this could be alleviated and the requirements were cost prohibitive, as well as difficult to achieve due to laws effecting election precincts and voting places. C.4 CONSIDER ADOPTING RESOLUTION NO. 89-165 APPROVING THE DALLAS AREA RAPID TRANSIT (DART) TRANSIT SYSTEM PLAN AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. DART has requested approval of the DART Transit System Plan and evidence of the City's intent to develop interlocal agreements with DART to implement the Work Program for Implementation of the Starter System. The interlocal agreements will clarify the relationship between the City and DART relative to such matters as land acquisition, facility design, and provision of services. The Transit System Plan and the Work Program for Implementation of the Starter System contain elements of DART service within the City of Farmers Branch, including High Occupancy Vehicle facilities on Stemmons Freeway and nearby LBJ Freeway. High Occupancy Vehicle lanes are to be operational within five years. Other elements of the Transit System Plan which directly affect the City of Farmers Branch include continuation of bus service, demand responsive services (DARTAbout and Handirides), local assistance programs, and extension of Light Rail Transit Service on the MKT line to Valley View Lane. Rail service to Farmers Branch is planned to begin after year 2005. The City Engineer recommends approval of the DART Transit System Plan as requested by DART. It is also recommended that City staff begin work with DART on any necessary interlocal agreements for implementation of the Starter System and other components of the Transit System Plan. Ii ~.J Vol. 57, Page 61 A motion by Mayor Pro Tem Binford, a second by Councilmember Davis, all voting "aye", adopted Resolution No. 89-165 approving the Dallas Area Rapid Transit (DART) Transit System Plan. C.5 CONSIDER ADOPTING RESOLUTION NO. 89-175 REQUESTING THE DALLAS AREA RAPID TRANSIT BOARD TO POSTPONE REAPPORTIONMENT OF REPRESENTATION AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. As a result of the various elections in area cities to reconsider their participation in Dallas Area Rapid Transit (DART), the DART Board will be examining the reapportionment of representation of the member cities on the board. One consideration is for Farmers Branch to share a representative with Garland. Regional representation is very necessary and DART is requested to postpone any reapportionment until the last of the elections in May 1990. The City Engineer recommends adopting Resolution No. 89-175. A motion by Councilmember Davis, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 89-175 requesting the Dallas Area Rapid Transit (DART) Board to postpone reapportionment of representation. C.6 Consent Item C.7 DISCUSS MATTERS RELATIVE TO THE SHOREDALE AREA HOMEOWNERS ASSOCIATION. Mayor Blair presented the following information. Councilmember Calla Davis has requested that this item be placed on the agenda. The Shoredale area Homeowners Association has been working with the City to address certain issues of concern within their neighborhood. Mayor Blair recognized Councilmember Davis who stated she had informed citizens that the Council would keep them updated on the City's actions addressing their issues of concern. A motion was made by Councilmember Davis, seconded by Councilman Phelps, to place this as a regular agenda item at each Council meeting if there is an update. Upon discussion, Councilmember Davis amended the motion to state at the first meeting of each month there will be an agenda item updating the Shoredale area residents of the City's actions addressing issues of concern. Councilman Phelps accepted the amendment, all voted "aye", and the motion passed as amended. Vol. 57, Page 62 D.1 DISCUSS SETTING THE COUNCIL MEETING DATES FOR JANUARY AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The first regular scheduled Council meeting in January is January 1. The City Staff will be moving into the new City Hall from December 27 through January 1. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", approved the Council meeting dates for January 8 and January 22 for the month of January. D.2 CONSIDER ADOPTING RESOLUTION NO. 89-163 AWARDING THE BID FOR REFUSE SACKS TO STONE CONTAINER CORPORATION. Mayor Blair presented the following information for consideration. Bids were received on October 30, 1989 for the annual supply of paper refuse sacks. Three bids were received. The lowest bid meeting City specifications was received from Stone Container Corporation in the amount of $305,400. Funds in the amount of $353,200 are included in the 1989-90 budget. Budgeted funds in the amount of $8,200 remain for the delivery phase; equipment rental, temporary labor, and laboratory testing of the sacks. Stone Container is the current vendor for the City's refuse sacks, and the City has been pleased with their product and service. The Director of Public Works recommends that Resolution No. 89-163 be adopted awarding the bid for paper refuse sacks to Stone Container Corporation. A motion by Councilmember Davis, a second by Councilman Moses, all voting "aye", adopted Resolution No. 89-163 awarding the bid for the annual supply of paper refuse sacks to Stone Container Corporation in the amount of $305,400. D.3 Consent Item D.4 Consent Item D.5 CONSIDER ADOPTING RESOLUTION NO. 89-167 AWARDING CONSTRUCTION OF THE POLICE STATION AND PEPPER PARK PARKING LOTS AND THE MANSKE LIBRARY SIDEWALK TO REBCON, INC. AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. These three (3) projects are part of the 1989-90 Bond and Non-bond Capital Improvement Program. Four (4) bids were received on November 10, 1989 at 11:00 a.m. The lowest responsible bidder was Rebcon, Inc. with a bid 'of $232,315.50. Vol. 57, Page 63 Funding for the parking lots and the Manske Library sidewalk is available in the amount of $258,000.00 from the Non-bond Capital Improvement Program and $15,000.00 from the Bond Capital Improvement Program. The contract time has been established at 90 calendar days. The City Engineer recommends awarding the bid for construction of the Police Station and Pepper Park Parking Lots and the Library Sidewalk to Rebcon, Inc. A motion by Councilman Pyle, a second by Mayor Pro Tem Binford, all voting "aye", adopted Resolution No. 89-167 awarding a bid for construction of the Police Station and Pepper Park Parking Lots and the Library sidewalk to Rebcon, Inc. in the amount of $232,315.50. D.6 CONSIDER ADOPTING RESOLUTION NO. 89-171 AWARDING A BID FOR REMOVAL OF ASBESTOS CONTAINING BUILDING MATERIALS FROM THE OLD CITY HALL TO FIBERGON, INC. AND TAKE APPROPRIATE ACTION. Mayor Blair presented the consideration. The demolition part of Phase II of the City can be undertaken an asbestos Engineers, Inc., and it was required. following information for of the Old City Hall building is Hall Project. Before this work survey was conducted by Maxim determined that abatement was Seven (7) qualified bids were received with a low base bid from Fibergon, Inc. for $59,000, plus a $5,000 contingency allowance; constituting a total contract amounting to $64,000. Fibergon, Inc., has provided adequate qualifications and references for similar work. Funds will come from project contingencies and CIP Non-Bond Funds Reserve for Contingencies. The City Engineer and Maxim Engineers, Inc., (Project Consultants) recommend that removal of asbestos containing building materials be awarded to Fibergon, Inc. for $64,000 by adopting Resolution No. 89-171. A motion by Mayor Pro Tem Binford, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 89-171 awarding a bid to Fibergon, Inc. for removal of asbestos containing building materials from the old City Hall in the amount of $64,000. D.7 CONSIDER ADOPTING RESOLUTION NO. 89-173 AWARDING A BID FOR A ONE YEAR SUPPLY OF LIMESTONE SCREENINGS FOR THE WATER MAIN/SEWER REHABILITATION PROGRAM Mayor Blair presented the following information for consideration. On November 10, 1989, bids were received for a one year supply of limestone screenings for the water Vol. 57, Page 64 main/sewer rehabilitation program. This material is used for backfill on these projects and is purchased as needed throughout the year. Chico Crushed Stone submitted the lowest bid meeting our specifications in the amount of $45,540.00. Funds in the amount of $50,000 are available in the 1989-90 Utility Division budget for the purchase of this material. The Director of Public Works recommends that the bid be awarded to Chico Crushed Stone who submitted the lowest bid meeting our specifications for a one year supply of limestone screenings. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", adopted Resolution No. 89-173 awarding the bid to Chico Crushed Stone in the amount of $45,540 for a one year supply of limestone screenings. D.8 CONSIDER ADOPTING ORDINANCE NO. 1855 PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS, SERIES 1989, IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,600,000 ENACTING OTHER PROVISIONS RELATING THERETO AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The City's 1989-90 Capital Improvement Program calls for the issuance of $2,600,000 of General Obligation bonds for the Valwood Phase II reconstruction. These bonds were authorized at an election held in the City on November 4, 1985. The timing of the sale of these bonds was discussed in Council study sessions on October 2, 1989 and October 20, 1989. Ordinance No. 1855 provides for the issuance and sale of these bonds, awards the bond sale to the lowest qualified bidder, approves and establishes MTrust, the City's current paying agent, as paying agent on these bonds. Staff recommends the adoption of Ordinance No. 1855 providing for the sale of G.O. bonds. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 1855 providing for the issuance and sale of General Obligation bonds, awarding the bond sale to Blunt Ellis & Loewi, Inc. in Chicago at 6.8192% (the lowest qualified bidder), approving and establishing MTrust, the City's current paying agent, as paying agent on these bonds, for the Valwood Phase II reconstruction. AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF CITY OF FARMERS BRANCH, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1989, IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,600,000; AND ENACTING OTHER PROVISIONS RELATING THERETO. Vol. 57, Page 65 D.9 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. This item is placed on the agenda for Council discussion and consideration. Councilman Pyle discussed the trip to New York City for the Bond Hearings which he attended, as well as Mayor Blair, City Manager Richard Escalante, and Finance Director Douglas Vanderslice. Councilman Pyle commended the Staff on a job well done representing the City of Farmers Branch. D.10 CITIZEN PARTICIPATION There was no one wishing to speak. MAYOR BLAIR STATED THE NEWSPAPERS HAD MISREPORTED THE NEWS ON THE FARMERS BRANCH/DALLAS WATER RATE CASE. THE TEXAS WATER COMMISSION'S EXAMINERS RECOMMENDATION WAS IN FAVOR OF FARMERS BRANCH. HOWEVER, THE OUTCOME OF THE HEARING HAS NOT BEEN DETERMINED AND THE CASE IS NOT SETTLED AS OF YET. 1 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 PENDING AND CONTEMPLATED LITIGATION - ARTICLE 6252-17 SEC. 2(e) 1. DISCUSS THE WATER RATE CASE. A report on the status of the Water Rate Case between the City of Dallas and the City of Farmers Branch was given by City Manager Richard Escalante. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced that the Assistant City Manager Steve Carpenter gave an up-to-date status report on the Water Rate Case between the City of Dallas and the City of Farmers Branch. F.1 ADJOURNMENT. Vol. 57, Page 66 A motion by Mayor Pro Tem Binford, a second by Councilman Moses, all voting "aye", adjourned the City Council meeting of November 20, 1989 at 9:31 p.m.. Mayor Dave Blair City ecretary 1 Vol. 57, Page 67