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1990-03-05 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING MARCH 5, 1990 COUNCIL CHAMBER CITY HALL PLAZA 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 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 City Management Assistant Recording Secretary Richard L. Escalante Steve Carpenter John Burke Toby Bartholow Ruth Ann Parish Tom Scales Jerry Murawski Jeff Fuller Mark Pavageaux Doug Vanderslice Norma Nichols Donna Huerta Dave Reedy Brenda Anderson Mayor Blair called the City Council Meeting of March 5, 1990 to order at 7:30 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 STATED MARCH 5-9 WAS TEXAS PUBLIC EDUCATION WEEK. CITY MANAGER RICHARD ESCALANTE AND MAYOR BLAIR ATTENDED THE OFFICIAL OPENING FLAG RAISING CEREMONY BY STUDENTS AT THE FARMERS BRANCH ELEMENTARY SCHOOL. ALSO THIS EVENING MAYOR BLAIR ALONG WITH MAYOR GRAVELY PRESENTED A PROCLAMATION TO THE R.L. TURNER PTA PROCLAIMING TEXAS PUBLIC EDUCATION WEEK. Vol. 58, Page 3 A.2 PRESENTATION OF APPRECIATION PLAQUES BY THE FARMERS BRANCH LIONS CLUB. Mayor Blair recognized Mark Hawkins, President of the Farmers Branch Lions Club, and Al Wagner of the Farmers Branch Lions Club. On behalf of the Farmers Branch Lions Club, Mr. Hawkins presented appreciation plaques to Jeff Fuller, Director of Parks and Recreation, and John Burke, Assistant City Manager, for their support in developing Oran Good Lions Park. Mayor Blair stated he appreciated the efforts and contributions of the Lions Club and was pleased to have them in the community. A.3 PRESENTATION OF SERVICE AWARDS Mayor Blair presented a twenty year employee service award to Sue Grant of the Parks and Recreation Department. In appreciation for Sue's services in the department, many of her co-workers were present and presented her with a bouquet of roses. Mayor Steve Mayor Gary Mayor David Mayor Larry Blair presented a five year employee service award to Irick of the Fire Department. Blair presented a five year employee service award to Raylean of the Utility Division. Blair presented a five year employee service award to Reedy, City Management Assistant. Blair presented a five year employee service award to Sandifer of the Police Department A.4 PRESENTATION OF BOARD APPLICATIONS There were no applications presented. B.1 - B.2 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Mayor Blair explained that under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Binford, a second by Councilman Pyle, all voting "aye", added D.1 and D.3 to the Consent Agenda. Vol. 58, Page 4 A motion by Binford, all Agenda.items. B.1 APPROVED 19, 1990. Councilman Pyle, a second by Mayor Pro Tem voting "aye", approved the following Consent THE MINUTES OF COUNCIL MEETING OF FEBRUARY B.2 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR ASSORTED SMALL TOOLS FOR PUBLIC WORKS AND PARKS AND RECREATION DEPARTMENT. B.3 APPROVED REQUEST BY NCNB FOR REPLAT APPROVAL OF BGC/ANDRIA ADDITION LOCATED AT THE SOUTHEAST CORNER OF SIGMA ROAD AND NEUTRON ROAD IN ORDER TO ALLOW THE TWO BUILDINGS ON THIS PROPERTY TO EACH BE LOCATED ON A SEPARATE LOT. B.4 AUTHORIZED THE ADVERTISEMENT FOR BIDS FOR MICRO-COMPUTERS, CONTROLLERS, LAPTOP COMPUTERS AND RELATED DATA PROCESSING EQUIPMENT. 1 D.1 ADOPTED RESOLUTION NO. 90-042 AWARDING BIDS FOR ASSORTED FENCING MATERIAL TO ALLIED FENCE COMPANY OF DALLAS IN THE AMOUNT OF $2,877.39 AND BINFORD PALLET & SUPPLY COMPANY, INC. IN THE AMOUNT OF $8,942.27 IN THE TOTAL AMOUNT OF $11,819.66 FOR THE PUBLIC WORKS AND PARKS AND RECREATION DEPARTMENT. D.3 ADOPTED RESOLUTION NO. 90-045 PROVIDING FOR THE WAIVER OF PENALTIES AND INTEREST ON DELINQUENT 1989 AD VALOREM TAX BILLS REQUESTED IN ERROR BY A MORTGAGE COMPANY. 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 REQUEST BY A GROUP OF HONOR STUDENTS TO ALLOW A GARAGE SALE AT THE SOUTHWEST CORNER OF FYKE ROAD AND WEBB CHAPEL AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following ",information for consideration. During spring break 1990 a group of Honor Students will be attending Epcot Center in Florida. These students are attempting to earn part of the money for the trip by selling cookies, holding bake sales and garage sales, and having a car wash. li The Council approved a car February 1, 1990. The permission to also conduct a wash at 14455 students are garage sale on Webb Chapel on now requesting March 10, also Vol. 58, Page 5 at 14455 Webb Chapel. The hours of the fund raiser will be 10:00 a.m. until 5:00 p.m. There will be adult supervision at all times. Temporary uses of a Civic and Philanthropic nature are allowed in any zoning district of the City by resolution of the City Council. The Honor Students were unable to attend the meeting due to a conflict in scheduling. A motion by Mayor Pro Tem Binford, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 90-048 approving the request to allow a garage sale at the southwest corner of Fyke Road and Webb Chapel on March 10, 1990 from 10:00 a.m. to 5:00 p.m. C.3 DISCUSS MATTERS RELATING TO THE SHOREDALE AREA HOMEOWNERS ASSOCIATIONS. Mayor Blair presented the following information for consideration. The City Council has requested that a status report of the Shoredale area concerns be presented at the first meeting of each month. Mayor Blair read the status report of the Shoredale area concerns. C.4 CONSIDER SETTING A PUBLIC HEARING TO RECEIVE PUBLIC INPUT RELATIVE TO LAND USE ASSUMPTIONS BY ADOPTING RESOLUTION NO. 90-044 AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Senate Bill 336 requires that Land Use Assumptions be approved prior to the establishment of Impact Fees. The public hearing date at which the Land Use Assumptions are considered must be set by an order,- ordinance or resolution. The Impact Fee adoption process requires that notification of the public hearing be published in the newspaper no less than 30 days prior to the hearing. The earliest possible hearing date that would allow for proper notification would be the April 16, 1990 City Council meeting. City Staff recommends that Resolution No. 90-044 setting the public hearing date to consider Land Use Assumptions for April 16, 1990. A motion by Councilman Phelps, a second by Mayor Pro Tem Binford, all voting "aye", adopted Resolution No. 90-044 setting the public hearing date to consider Land Use Assumptions for April 16, 1990. D.1 Consent item Vol. 58, Page 6 D.2 CONSIDER ADOPTING RESOLUTION NO. 90-043 APPROVING CHANGE ORDERS NO. 3 AND NO. 4 RELATIVE TO A CONSTRUCTION CONTRACT WITH GILBERT//COX, INC. FOR ORAN GOOD PARK ATHLETIC IMPROVEMENTS PHASE I AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Gilbert//Cox, Inc., is presently under contract in the amount of $442,860.00 for the construction of the Oran Good Park Athletic Improvements Phase I. The current contract completion date is April 16, 1990. Change Order No. 3 in the amount of $4,572.00 is requested for re-routing the main water supply lines in the area, increasing the line sizes in the fire protection system, and making adjustments to the ballfield lighting system. Change Order No. 4 in the amount of $19,889.00 is requested for the re-routing of the hydraulic control lines from under the paving and the concession building that are in conflict with the work underway. Gilbert//Cox, Inc., has requested an additional 14 calendar days for the delays associated with the line relocation which has resulted in a delay in their paving schedule. The new contract completion date would therefore be April 30, 1990. There is approximately $42,000.00 available in the project budget for the additional work. The Director of the Parks and Recreation Department and the City Engineer recommend adoption of Resolution No. 90-043. A motion was made by Councilmember Davis, seconded by Councilman Pyle, to adopt Resolution No. 90-043 to approve" Change Orders No. 3 and No. 4 in the total amount of $24,461.00 and the addition of 14 calendar days to the contract time relative to a construction contract with Gilbert//Cox, Inc., for Oran Good Park Athletic Improvements Phase I. Discussion followed concerning procedures that could be taken to avoid change orders in the future. After the discussion, a vote was taken'on the motion to adopt Resolution No. 90-043 and the motion passed unanimously with all voting "aye." D.3 Consent item D.4 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Vol. 58, Page 7 This item is placed on the agenda for council discussion and consideration. Counciimember Davis stated she was unable to attend the upcoming meeting of the Texas Municipal League Committee on Legislative Policy and Economic Development scheduled for March 12 in Austin. Councilmember Davis stated the need for a staff person and/or a Councilmember to attend the meeting in her place. Mayor Blair stated he is a member of the Texas Municipal League Transportation Committee which has a meeting scheduled for March 19 in Austin. He stated he would be unable to attend and asked if there were any.Councilmembers interested in attending. i A motion by Mayor Pro Tem Binford, a second by Councilmember Davis, all voting "aye", approved travel associated with TML Legislative Policy meeting for Council members and City Manager to attend on March 12, 1990 in Austin. A motion by Mayor Pro Tem Binford, a second by Councilmember Davis, all voting "aye", approved Council travel as it relates to TML Transportation Committee meeting on March 19, 1990 in Austin. D.5 CITIZEN PARTICIPATION. There was no one wishing to speak. Mayor Blair stated that in the Executive Session held after the Study Session, the Water Rates Case between the City of Farmers Branch and the City of Dallas was discussed. A motion by Councilman Pyle, a second by Councilmember Davis, all voting "aye", adjourned the city Council meeting of March 5, 1990 at 8:20 p.m. Mayor Dave Blair City Secretary Vol. 58, Page 8 CITY OF FARMERS BRANCH CITY COUNCIL STUDY SESSION AND EXECUTIVE SESSION MARCH 5, 1990 COUNCIL CONFERENCE ROOM CITY HALL PLAZA 4:30 P.M. A Study Session was held by the City Council with the City Staff until 5:40 P.M. At 5:40 p.m. Mayor Blair announced that an Executive Session would beheld and the meeting would reconvene into general session after the item had been discussed in the executive session. Article 6252-17, Section 2 of the open meeting Law provides that such items as Pending and Contemplated litigation may be discussed in closed session. 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 Richard L. Escalante City Attorney John Boyle / Toby Bartholow Assistant City Manager Steve Carpenter Assistant City Manager John Burke City Secretary Ruth Ann Parish Present also was Attorney Skip Newsom of Booth and Newsom from Austin, Texas. EXECUTIVE SESSION. DISCUSS PENDING AND CONTEMPLATED LITIGATION - ARICLE-17, SEC. 2(e). 1. DISCUSS THE WATER RATES CASE BETWEEN THE CITY OF FARMERS BRANCH AND THE CITY OF DALLAS. A discussion was held between the Staff and Mr. Newsom with the Mayor and members of the City Council regarding the Water Rate Case with the City of Dallas. During the discussion Mayor Blair had to leave for an appointment at 6:40 p.m. and asked Mayor Pro Tem Binford to chair the meeting. Vol. 58, Page 1 THE COUNCIL RECONVENED INTO GENERAL SESSION AT 7:02 p.m.. CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Pro Tem Binford stated that the Staff presented the Council with an update on the Water Rate Case between the City of Farmers Branch and the City of Dallas. The Study Session continued discussing the Cooks Creek erosion control project. The Study Session adjourned at 7:20 p.m.. i1w, Mayor 14J4.18 City Secretary 1 Vol. 58, Page 2