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1989-12-04 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING DECEMBER 4, 1989 COUNCIL CHAMBER POLICE BUILDING 7:29 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers 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 City Engineer Director of Parks & Recreation Director of Public Works Director of Finance Economic Development Director Public Information Officer Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish Tom Scales Jerry Murawski Jeff Fuller Mark Pavageaux Doug Vanderslice Norma Nichols Donna Huerta Mayor Blair called the City Council Meeting of December 4, 1989 to order at 7:29 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 CONSIDER ACCEPTANCE OF VARIOUS DONATIONS FOR THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Blair recognized Jeff Fuller, Parks and Recreation Director who presented the following information of various donations for the Historical Park: The Historical Preservation and Restoration Board has approved numerous donations to be accessed to the inventory, and would like to present the following items for Council Approval: - Butter churn from Sandy Davenport, 13802 Wooded Creek, Farmers Vol. 57, Page 68 Branch, Texas. - Cut glass candy dish from Mr. John Misner, 3117 St. Croix, Dallas, Texas. Volumes I and II of a book entitled "Dallas County Texas: Genealogical Data From Early Cemeteries", from Lewis and Polly Welds, 2968 Dotham, Dallas, Texas. Anonymous cash donations totaling $200, to be used to restore a wall desk. A motion by Councilmember Davis, a second by Mayor Pro Tem Binford, all voting "aye", accepted the various donations for the Historical Park as outlined by the Parks and Recreation Director. A.3 CONSIDER ACCEPTANCE OF DONATION OF EXERCISE SLANT BOARD BY ACTOR JOHN RITTER TO THE FIRE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair recognized Ms. Sue Raagas, representing John Ritter and the Film Commission. Ms. Raagas explained that actor Daniel Kamekona suffered a heart attack on October 22, 1989 during the filming of the movie "Problem Child" at Pepper Park, 13200 Dennis Lane. In appreciation of the quick response of the Fire Department paramedics and for the expert medical assistance given, Mr. Ritter has donated an exercise "slant board" to the Fire Department. Ms. Raagas stated that the doctors at the hospital where Mr. Kamekona was taken stated that if it had not been for the excellent care the paramedics had given, Mr. Kamekona would not have lived. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", accepted the donation of a slant board to the Fire Department from Mr. John Ritter. A.4 PRESENTATION OF SERVICE AWARD Mayor Blair presented a five year service award to Traci Welch of the Engineering Department. MAYOR BLAIR RECOGNIZED MRS. SANDY SHUGART, 2822 SUNNYHILL, FARMERS BRANCH, AND PRESENTED A PROCLAMATION DESIGNATING DECEMBER 1, 1989 THROUGH JANUARY 1, 1990 AS "HOLIDAYS AHEAD CAMPAIGN MONTH." MRS. SHUGART THANKED THE CITY COUNCIL FOR PARTICIPATING. A.5 PRESENTATION OF BOARD APPLICATIONS. Mrs. Erna Deckard, 12918 Epps Field Road, presented an application desiring to serve on the Historical Preservation and Restoration Board. B.1 - B.10 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Vol. 57, Page 69 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. or the audience may request consent items and place the discussion. The concept for in order to speed up discussi, time for discussion. Any member of the City Council to withdraw any item from the item before the Council for full the consent items is established on for those items that need more A motion by Counclmember Davis, a second by Councilman Moses, all voting "aye", added D.2, D.3, and D.4 to the consent item agenda. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", approved the following consent agenda items: B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF NOVEMBER 20, 1989. B.2 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR THE ANNUAL SUPPLY OF STEEL REINFORCEMENT FOR THE STREET DIVISION. B.3 AUTHORIZED THE CITY TO ADVERTISE FOR BIDS FOR GAS, OIL OIL AND DIESEL SUPPLIES FOR THE WAREHOUSE DIVISION. B.4 AUTHORIZED THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CARROLLTON CHAMBER ORCHESTRA. B.5 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1856 ABANDONING A WATER SERVICE EASEMENT AT VALWOOD PARK 26. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ABANDONING A WATER SERVICE EASEMENT AS SHOWN IN EXHIBIT "A", WHICH IS NO LONGER NEEDED NECESSARY; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN FAVOR OF THE OWNER OF THE ABUTTING PROPERTY; PROVIDING THAT SUCH ABANDONMENT SHALL BE INSOFAR AS APPLICABLE TO THE PUBLIC RIGHT, TITLE AND INTEREST IN SUCH PUBLIC IMPROVEMENTS ONLY; AND DECLARING AN EMERGENCY. B.6 ADOPTED RESOLUTION NO. 89-186 AUTHORIZING ACCEPTANCE OF A WATER SERVICE EASEMENT FROM CENTRE CONSOLIDATED PROPERTIES, LTD. LOCATED IN VALWOOD PARK 26 OFF DIPLOMAT DRIVE. B.7 APPROVED REQUEST BY TEAM BANK FOR REPLAT APPROVAL OF TEAM BANK - FARMERS BRANCH ADDITION. B.8 ADOPTED RESOLUTION NO. 89-185 APPROVING A DEVELOPER'S CONTRACT FOR TEAM BANK-FARMERS BRANCH ADDITION LOCATED AT THE NORTHEAST CORNER OF VALLEY VIEW LANE AND BRANCH VIEW LANE. Vol. 57, Page 70 B.9 ADOPTED RESOLUTION NO. 89-181 APPROVING A CONTRACT WITH MAXIM ENGINEERS, INC., IN THE AMOUNT NOT TO EXCEED $16,000.00, FOR PROFESSIONAL SERVICES ASSOCIATED WITH ASBESTOS REMOVAL AT THE OLD CITY HALL. B.10 ADOPTED RESOLUTION NO. 89-182 ACCEPTING THE BID FROM MICOM COMPUTER INC., FOR THE DELIVERY OF ONE APPLE MACINTOSH COMPUTER AND ONE LASERWRITER NT PRINTER IN THE AMOUNT OF $6,766.65. D.2 ADOPTED RESOLUTION NO. 89-177 AWARDING BIDS FOR IRRIGATION SUPPLIES FOR THE PARKS AND RECREATION DEPARTMENT AS OUTLINED IN THE RESOLUTION TO THE VARIOUS VENDORS FOR A TOTAL COST OF $29,692.72. D.3 ADOPTED RESOLUTION NO. 89-179 REJECTING THE BID FOR PEPPER PARK RESTROOMS AND AUTHORIZING THE READVERTISEMENT FOR BIDS. D.4 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1857 TO ELIMINATE THE AD VALOREM TAX EXEMPTION CREATED BY FREEPORT AMENDMENT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, TAKING OFFICIAL ACTION TO TAX TANGIBLE PERSONAL PROPERTY OTHERWISE EXEMPT PURSUANT TO ARTICLE VIII, SECTIONS 1-j OF THE TEXAS CONSTITUTION AND OVERRIDING CONSTITUTIONAL AMENDMENT NO. 5, WHICH AMENDMENT ADDED SECTION 1-j TO ARTICLE VIII OF THE TEXAS CONSTITUTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report of the happenings and status of projects in the departments of the city. C.2 CONSIDER RETAINING A CONSULTANT TO REVIEW DEVELOPMENT GUIDELINES FOR THE LBJ STUDY AREA AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Recently, the City Manager, members of the City Council and other City Staff attended a meeting with a group of Farmers Branch citizens that reside in the neighborhoods adjacent to the commercial properties fronting the LBJ Freeway. The purpose of the meeting was to discuss issues and concerns related to buffering and commercial development guidelines for the LBJ study area. Vol. 57, Page 71 The City Manager was urged to seek assistance from an urban design consulting firm to gain additional input. At this time, Staff is requesting direction from the Council whether or not to proceed with a search for a consultant. Prospective consultants would be contacted and provided the brief outline of the project description. Proposals would be secured for Council consideration as soon as possible. Copies of the draft of the project description or "Scope of Services" were distributed to all in attendance who desired one and it described how the project might best be undertaken. Mayor Blair stated there were several in attendance to speak on this item and recognized Bruce Woody. Bruce Woody, 3210 Damascus Way, spoke in-favor of the use of a consultant, more specifically an urban design planner, in order to focus on all the possibilities. Mr. Woody stated this was a unique area and should be treated different than the rest of the City because no other place in the City are the residences so close to commercial development. Mr. Woody stated due to this an expert is needed to look at the issue and give us a professional opinion. Mayor Blair recognized Jan Woody, 3210 Damascus Way, who requested that the City consult with an expert on the proposed changes to zoning and street widening changes. Mrs. Woody requested the City consult with one of three firms, RTKL, Johnson, Johnson and Roy, or Sasaki Associates, as they are all national firms with offices in Dallas, and she was advised the consultation will cost approximately $10,000 to $20,000. Mayor Blair recognized Bill Holm, 2756 Bay Meadows Court, who stated he favored the Master Plan already adopted and felt it should be used without any deviation. Mayor Blair recognized Fred Johnson, 12212 Ridgefair, who stated the instructions to the urban planner, if one is consulted, are of paramount importance. He urged that the urban planner be advised that the present .5 FAR and present two story maximum height might be an appropriate use for the area. Mr. Johnson favored appointment of an urban planner. Mayor Blair recognized Barney McCauley of Mutual of New York. Mr. McCauley stated this was a very difficult issue and no matter what the consultants recommmended or if it doesn't go to a consultant, the Council will have to make the final decision. Mayor Blair recognized John Dodd, 12920 Mitchwin. Mr. Dodd stated he felt certain issues such as air, sight, sound, and pollution need to be addressed, not only in this particular Vol. 57, Page 72 area, but in the Oakbrook and Denton areas this could be beneficial. Mr. Dodd recommended support of an urban planner. Mayor Blair stated this problem has been discussed in detail during meetings with neighbors, development community, Council and City staff. He stated the City staff had done a great job on their proposal. Mayor Blair said he supported a consultant to come in at this particular time to review and give guidelines for the development of the City as this is a unique area of the City. Mayor Blair recognized Tom McClain, 12112 Ridgefair, who stated he felt each individual element should be considered along LBJ and not the whole area in general. Mr. McClain stated he did not see the benefit of spending money on a consultant. The Council discussed the pros and cons of retaining a consultant to review the development guidelines for the LBJ Study Area. Councilman Pyle made a motion to not retain a consultant to review the development guidelines and to request Staff to make their best recommendation and bring it back to Council at the next meeting if feasible and take appropriate action at that time. The motion died for lack of a second. Councilmember Davis made looking into one of the reviewed, RTKL, if ad, contract for a study proposal by the City Councilman Phelps. a motion for staff to proceed with five companies that we have already equate, proceed and start negotiating a of LBJ Corridor as outlined in the Staff. The motion was seconded by Mayor Pro Tem Binford stated there were two items to be addressed. One being to use or not to use a consultant and the second being the Staff seeking direction if the Council decides to use an urban design consultant as to what type of charge to give the consultant. He continued that he felt a problem might be presenting itself as similar conditions relate to the Oakbrook and Denton Drive areas. Mayor Pro Tem Binford recommended to Councilmember Davis an amendment to the motion to add Denton Drive and Oakbrook areas to the proposal for the consultant The amendment was not accepted by Councilmember Davis. Mayor Blair stated the Old Farmers Branch Study will include the Denton Drive area. Mayor Pro Tem Binford suggested to Councilmember Davis that the motion be amended to set up a Task Force with representatives from Staff, citizens and the commercial development in the selection of the consultant. Vol. 57, Page 73 After some discussion, Councilmember Davis did not accept the amendment and restated her motion as follows: for City Staff to come back to Council with recommendations using guidelines proposals set forth in the Council meeting and for the consultant to look at validity of this proposal and to make any recommendation necessary and for the Staff to negotiate an acceptable contract. Councilman Moses would not accept motion as stated due to concern that it was tied to Staff's proposal and citizens have requested that the consultant be allowed the prerogative of leaving it the way it is now. Councilmember Davis responded saying the Staff's proposal states if it is not appropriate or qualified they can make other recommendations. Councilmember Davis restated her motion that City Staff come back with recommendations for consultant of the LBJ Study area and basis for a contract. The motion was seconded by Councilman Phelps. The motion carried by a vote of 4-1 with Mayor Pro Tem Binford, Councilmember Davis, Moses, and Phelps voting "aye", and Councilman Pyle voting "nay." City Manager Richard Escalante pointed out that based on that motion, the Scope of Services outline presented to Council will be used as a foundation. Mayor Blair recognized Fred Johnson who stated that "at the time the Staff brings back a recommendation for a consultant, we (the residents) will initiate a request for a separate item on the agenda where we will comment upon the existing recommendation of staff and try to give the Council, before you spend your money, an indication as to what in our opinion, the citizens, would be acceptable to the citizens." Mr. Johnson stated this will put you on notice that if the consultant's recommendation is outside these parameters, the objection is going to continue through that meeting when you finally act upon it. Mr. Johnson said he liked the recommendation presented, not the specifics, but the fact that it lays out in detail a starting point. C.3 DISCUSS MATTERS RELATING TO THE SHOREDALE AREA HOMEOWNERS ASSOCIATIONS. Mayor Blair read a report of the concerns and the status of those concerns that had been expressed to the City Council at a meeting of homeowners in the Shoredale area. The report addressed concerns such as: inoperable vehicles in the Villa Marquis Apartment complex parking lot along Rollingdale; drainage along the north side of Shoredale south of Fyke Road; apartment inspections; and, replacing and repairing fences. Vol. 57, Page 74 The members of the City Council agreed that the issues of concern will continue to be monitored and will keep the residents informed of the status. D.1 CONSIDER ADOPTING RESOLUTION NO. 89-176 AWARDING BIDS FOR CHEMICALS AND FERTILIZERS FOR THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Notice was sent to thirteen vendors. Ten bids were returned, all ten met specifications. Three bids were not returned. Bids were received on 38 of 39 items. The item not bid, Cleanite Fire Ant Killer, will be requisitioned separately at an estimated cost of $4,000. The total of low bids, and estimated expenditures on items in this package, is $75,015.14. There is $93,700.00 budgeted in the 1989-90 budget for chemicals and fertilizers. The Parks and Recreation Department recommends adopting Resolution No. 89-176 awarding the bid for chemicals and fertilizers, as identified in Attachment A, to the following: 1. HARPOOL FERTILIZER CO. - for items #36, 37, 38 in the estimated amount of $13,025.00. 2. ESCO SEED INC. - for items #1,3,6,9,13,17,25,28,31 in the estimated amount of $16,417.15. 3. JENCO NURSERY INC. - for items #2,4 in the estimated amount of $473.40. 4. LAKE COUNTRY LAWN - for item #39 in the estimated amount PRODUCTS of $1,157.00. 5. ESTES CHEMICAL INC. - for items #15,21,23,24,29,32 in the estimated amount of $15,133.25. 6. CHEMICAL & TURF INC. - for items #5,7,8,10,11,18,19,22,26,27 30,34,35 in the estimated amount of $27,296.70. 7. VAN WATERS & ROGERS INC.- for items #14,16,20,33 in the estimated amount of $1,512.64. A motion by Councilman Pyle, a second by Mayor Pro Tem Binford, all voting "aye", adopted Resolution No. 89-176 awarding bids for chemicals and fertilizers for the Parks and Recreation Department as outlined above for a total cost of $75,015.14. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated that this item will be considered after the Executive Session. D.6 CITIZEN PARTICIPATION. Vol. 57, Page 75 Mayor Blair recognized Mr. Joe Reynolds, Brisbane. Mr. Reynolds thanked the members of the Council for their time spent and for being concerned for the welfare of the city. MAYOR BLAIR ANNOUNCED 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 TO THE METROCREST HOSPITAL AUTHORITY BOARD OF DIRECTORS. 2. DISCUSS APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENTS AND BUILDING CODE BOARD OF APPEALS. Appointment to the Metrocrest Hospital Authority Board of Directors was discussed. Appointments to the Zoning Board of Adjustments and Building Code Board of Appeals were discussed. b. DISCUSS PENDING AND CONTEMPLATED LITIGATION - ARTICLE 6252-17 SEC. 2(e) 1. DISCUSS THE WATER RATE CASE BETWEEN THE CITY OF FARMERS BRANCH AND THE CITY OF DALLAS. A discussion was held on the status of the Water Rate Case with the City of Dallas. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", adopted Resolution No. 89-1.84 confirming the designation of Dick Calvert to serve on the Board of Directors of the Metrocrest Hospital Authority for a term to expire December 1, 1991. Mayor Blair stated that appointments to Zoning Board of Adjustments and Building Code Board of Appeals would be considered at the next meeting. E.3 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Vol. 57, Page 76 Mayor Blair reported that the City Manager gave an update report on the Water Rate Case with the City of Dallas. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. This item had been continued until after the Executive Session. A motion by Councilmember Davis, a second by Councilman Phelps, all voting "aye", authorized the City Manager and members of the City Council to travel to Austin, Texas, on December 14, 1989 to attend a hearing on the Water Rate Case with the City of Dallas. Mayor Blair and Mayor Pro Tem Binford gave a report on attending the NLC Conference in Atlanta, GA. Issues of interest were sessions on dealing with drugs and war on drugs. Councilman Phelps read the mission statement of the Metrocrest Youth and Family Services organization. This was in response to a question that had been discussed previously at a study session. F.1 ADJOURNMENT. A motion by Mayor Pro Tem Binford, a second by Councilmember Davis, all voting "aye", adjourned the City Council meeting of December 4, 1989 at 9:49 P.M.. Qaxw- Q~)~, Mayor Dave Blair City Secretary L Vol. 57, Page 77