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1990-07-23 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JULY 23, 1990 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Ron Pyle Councilmembers Bob Phelps (Arrived at 8:25 p.m.)Jeff Binford Bill Moses The following member of the City Council was absent: Calla Davis The following members of the City Administration were present: Acting City Manager Assistant City Manager City Attorney City Secretary Director of Community Services City Engineer Director of Parks & Recreation Director of Public Works Fire Chief Library Director Director of Personnel Public Information Officer Director Economic Development City Management Assistant Recording Secretary Steve Carpenter John Burke John Boyle Ruth Ann Parish Tom Scales Jerry Murawski Jeff Fuller Mark Pavageaux Jack Dyer Mary Jane Stevenson Judy Conley Donna Huerta Norma Nichols Dave Reedy Brenda Anderson Mayor Blair called the City Council Meeting of July 23, 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. A.2 CONSIDER PROCLAIMING AUGUST 7, 1990, AS "NATIONAL NIGHT OUT" IN THE CITY OF FARMERS BRANCH. Mayor Blair presented the following information for consideration. The National Association of Town Watch Vol. 58, Page 122 is sponsoring the 7th annual "National Night Out" campaign on the evening of August 7, 1990. The program involves homeowners, apartment dwellers and businesses nationwide simultaneously turning on outside lights to demonstrate solidarity against crime. In Farmers Branch this will be between 8 and 9 p.m. The Neighborhood Crime Watch Coordinator and the Police Chief recommend approval of this Proclamation. Mayor Blair read the proclamation and proclaimed August 7, 1990, as "National Night Out." A.3 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a 5 year employee service award to Steve Welch of the Engineering Department. A.4 PRESENTATION OF BOARD APPLICATIONS. This item gives applicants an opportunity to present board applications to the City Council. Mayor Blair recognized Roy Morales, 2912 Harlee, who presented a board application to serve on the Park and Recreation Board for council consideration. B.1 - B.9 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 being established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Phelps, all voting to the Consent Agen A motion by Mayor Phelps, all voting Agenda Items. Pro Tem Pyle, a second by Councilman "aye", added items C.3, C.6 and D.1 da. Pro Tem Pyle, a second by Councilman "aye", approved the following Consent B.1 APPROVED MINUTES OF COUNCIL MEETINGS OF JULY 9, 1990. B.2 APPROVED MINUTES OF COUNCIL MEETING OF JULY 13, 1990. Vol. 58, Page 123 B.3 ADOPTED RESOLUTION NO. 90-116 AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT-OF-WAY DEED TO THE COUNTY OF DALLAS FOR THE WIDENING AND IMPROVEMENT OF VALLEY VIEW LANE. B.4 ADOPTED RESOLUTION NO. 90-117 ACCEPTING A 5-FOOT AERIAL EASEMENT FOR STREET LIGHT INSTALLATION AT 2574 WASINA DRIVE DEDICATED BY JUAN AND IGNACIA JASSO B.5 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1897 REDUCING THE SPEED LIMIT ON SOUTHBOUND DALLAS PARKWAY (FRONTAGE ROAD OF NORTH DALLAS TOLLWAY) FROM 45 MILES PER HOUR TO 40 MILES PER HOUR. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS REGULATING THE SPEED OF VEHICLES WITHIN THE CITY AND AMENDING ORDINANCE 1210. B.6 APPROVED REQUEST BY VALWOOD VILLAGE SHOPPING CENTER JOINT VENTURE FOR REPLAT APPROVAL OF VALWOOD VILLAGE SHOPPING CENTER TO SUBDIVIDE A PARCEL TO BUILD A FINA GAS STATION. B.7 APPROVED REQUEST BY THE CITY OF FARMERS BRANCH, TEXAS FOR REPLAT APPROVAL OF LOT 30 OF PEPPERHILL ADDITION, INSTALLMENT NO. 2 IN ORDER TO BRING IT INTO CONFORMANCE WITH R-6 ZONING STANDARDS. B.8 APPROVED REQUEST BY TD INDUSTRIES FOR REPLAT APPROVAL OF LOT 2A, TD INDUSTRIES ADDITION NO. 2 AND LOT 1, TD INDUSTRIES PARK ADDITION BECOMING COX ADDITION. B.9 AUTHORIZED THE CITY MANAGER TO EXECUTE A RELEASE OF LIABILITY FORM WITH THE DALLAS COUNTY UTILITY AND RECLAMATION DISTRICT FOR USE OF THE ELM FORK LAKE DURING THE 1990 PEPSI GAMES OF TEXAS. C.3 ADOPTED RESOLUTION NO. 90-120 APPROVING REQUEST FOR SITE PLAN APPROVAL BY MR. WILEY COX FOR AN OFFICE AND WAREHOUSE STRUCTURE WITHIN THE PLANNED DEVELOPMENT NO. 25 ZONING DISTRICT AND LOCATED AT 13861 STEMMONS FREEWAY. C.6 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1898 ABANDONING A UTILITY EASEMENT IN VALWOOD VILLAGE SHOPPING CENTER, LOCATED AT THE SOUTHEAST CORNER OF VALWOOD PARKWAY AND JOSEY LANE. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS ABANDONING A UTILITY EASEMENT AS SHOWN IN EXHIBIT 01A" WHICH IS NO LONGER NEEDED OR NECESSARY; PROVIDING THAT SUCH ABANDONMENT' SHALL BE IN FAVOR Vol. 58, Page 124 OF THE OWNERS 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. D.1 ADOPTED RESOLUTION NO. 90-104 ACCEPTING THE QUOTE OF SPECIAL EQUIPMENT SERVICES INC., TO REPAIR THE 1970 AERIAL LADDER TRUCK FOR THE FIRE DEPARTMENT IN THE AMOUNT OF $17,000. C.1 CITY MANAGER REPORTS. Acting city manager Steve Carpenter gave an informative report on the happenings and status of projects in the departments of the City. C.2 PUBLIC HEARING: CONSIDER REQUEST OF FINANCIAL RESOURCE MANAGEMENT, INC., TO AMEND THE ZONING ON A 6.9 ACRE TRACT OF LAND BOUNDED BY LUNA ROAD, CROWN DRIVE AND LAKE DRIVE FROM PLANNED DEVELOPMENT NO. 45 (PD-45) TO LIGHT INDUSTRIAL (LI) AND TAKE APPROPRIATE ACTION. Mayor Blair explained that because a written protest representing 20% or more of the surrounding land within 200 feet of the proposed amendment area has been received, a 3/4 favorable vote (four votes) by the City Council is required to amend the zoning district. Due to two members of the City Council not being present leaving only three to vote, the Council is unable to hear this item this evening. , A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", continued the public hearing until the next regularly scheduled meeting of August 20, 1990. C.3 Consent Item C.4 CONSIDER RESOLUTION NO. 90-121 SUPPORTING THE DALLAS- FORT WORTH AIRPORT EXPANSION AND TAKE THE APPROPRIATE ACTION. This item has been placed on the agenda for consideration at the request of Mayor Blair. Mayor Blair stated the Dallas Fort Worth Airport is an important economic generator in this region. The Council desires to have the expansion done properly and with minimum impact on homeowners and citizens of all surrounding communities. Vol. 58, Page 125 A motion by Councilman Moses, a second by Mayor Pro Tem Pyle, all voting "aye", adopted Resolution No. 90-121 supporting the Dallas-Fort Worth Airport Expansion. C.5 CONSIDER A PROPOSAL FROM MAXIM ENGINEERS, INC. FOR AN ENVIRONMENTAL HEALTH AND RISK ASSESSMENT REGARDING GROUNDWATER CONTAMINATION IN THE 'AREA OF THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Maxim Engineers, Inc. has submitted a proposal for an Environmental Health Risk Assessment regarding groundwater contamination in the area of the Historical Park. The cost for the assessment and for providing a written document containing findings, conclusions and recommendations is $6,300 with an additional cost of $1,400 for a formal presentation to the City Council at a regular Council meeting. The Staff recommends that the City Manager be authorized to enter into a contract with Maxim Engineers, Inc. for performance of this Environmental Health Risk Assessment, including a formal presentation of conclusions to the City Council. After some discussion, a motion by Mayor Pro Tem Pyle, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 90-112 authorizing the City Manager to enter into a contract with Maxim Engineers, Inc. for an Environmental Health Risk Assessment at a cost not to exceed $6,300, and adding to Section 3 of , the Resolution "At the option of the City Council with reasonable advance notice to Maxim Engineers" that Maxim Engineers, Inc. prepare visual aids and make a presentation of assessment findings and' recommendations at a City Council meeting, in addition to the written report described in Section 2, for an additional cost not to exceed $1,400.00. C.6 Consent Item D.1 Consent Item D.2 CONSIDER ADOPTING RESOLUTION NO. 90-114 AWARDING THE AUTOMATIC ENTRY DOOR AT THE LIBRARY BID TO TEPCO CONTRACT GLAZING, INC. AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Automatic Entry Door for Manske Library is a Non-Bond Capital Improvements Project in the amount of $15,000. Bids were opened on July 9, 1990. Two bids were received, TEPCO Contract Glazing, Inc., was the lowest Vol. 58, Page 126 qualified bidder with a base bid amount of $4,979. An add alternate was bid for a sliding door in lieu of an articulating door at an additional price of $2,909 for a total bid price of $7,888. The Librarian and the City Engineer recommends adopting Resolution No. 90-114 awarding the bids for Automatic Entry Door Project to TEPCO Contract Glazing, Inc. for the base bid amount of $4,979 plus $2,909 for the add alternate for a total amount of $7,888.00. A motion was made by Councilman Phelps, seconded by Councilman Moses, to rebid the automatic entry door for the Manske Library. Discussion followed concerning the need for the bid bond requirement as required on the first bid. A vote followed on the pending motion with Councilman Phelps and Councilman Moses voting "aye" and Mayor Pro Tem Pyle voting "nay." The motion failed with a two to one vote. 1 Mayor Pro Tem Pyle stated he felt to readvertise would be placing the previous bidder at a competitive disadvantage. Mayor Blair recognized Dick Brooks, representative of Door Control Services, Inc., who stated in the bidding his Company had overlooked the bid bond requirement as this was very unusual for a City to request and asked that consideration be given to their bid which was $700 less. He also wanted to make Council aware that TEPCO Contract Glazing, Inc. would subcontract out some of their work where as his company would handle the entire job in-house. A motion was made by Mayor Pro Tem Pyle to postpone this item until the next regularly scheduled meeting. The motion died for lack of a second. L~ A motion was made by Councilman Moses, seconded by Councilman Phelps, all voting "aye", denying adoption of Resolution No. 90-114, rejecting all bids and requiring a rebid of the automatic entry door at the Library. D.3 CONSIDER ADOPTING RESOLUTION NO. 90-115 AWARDING THE ROOF REPAIR/REPLACEMENT PROJECT BID TO CLASSIC COMMERCIAL ROOFING AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Roof Repair/Replacement for the Police Station, Recreation Center and Service Center is a Vol. 58, Page 127 Non-Bond Capital Improvement Project budgeted for $70,000. Bids were opened on July 9, 1990. Three bids were received, Classic Commercial Roofing was the lowest qualified bidder with a base bid amount of $68,880. The bid also included four alternates: 1. Single-ply system to the Police Station at $8,410. 2. Single-ply system to the Service Center $1,840. 3.. An extended warranty to the Police Station at $1,050. 4. An extended warranty to the Service Center at $500. The City's consultant recommends adding alternates 1 and 4 to the base bid for a total bid price of $77,790. The current project balance is $62,000 $4,000 was expended for repairs at the Library; $4,000 is for the architect's fee. An additional $16,000 is necessary to award the roof repair/replacement bid. Monies are available in the Non-Bond Capital Improvement Fund Contingency Reserve. The City Staff recommends adopting Resolution No. 90-115 awarding the bids for Roof Repair/Replacement Project to classic commercial Roofing for the base bid amount of $68,880 plus $8,910 for add alternates 1 and 4 for a total bid amount of $77,790. A motion by Councilman Moses, a second by Mayor Pro Tem Pyle, all voting "aye", adopted Resolution No. 90,115 awarding the bids for Roof Repair/Replacement Project to Classic Commercial Roofing for the base bid amount of $68,880 plus $8,910 for add alternates 1 and 4 for a total of $77,790. D.4 -CONSIDER ADOPTING RESOLUTION NO. 90-118 ACCEPTING UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT RIGHTS GRANTED BY LABORERS NATIONAL PENSION FUND FOR THE CONSTRUCTION OF A WATER MAIN AND AUTHORIZING PAYMENT FOR THE EASEMENT RIGHTS GRANTED. Mayor Blair presented the following information for consideration. The construction of a 16-inch water main along the east side of Midway Road from Spring valley Road, northward to the Dallas Power and Light Company 100-foot wide right-of-way is a Water Bond Capital Improvements Project, funded in the amount of $362,000. Laborers National Pension Fund owns the property located at 14140 Midway Road. In order to construct the proposed water main, the City must acquire easement rights from the owner. The necessary easement rights have been appraised at a value of''$21,545. The City Vol. 58, Page 128 Attorney has offered the property owner the appraised value as full payment for the easement rights and the owner has accepted the City's offer and has delivered a fully executed easement document to the City. The easement document will provide the City with a 5,175 square foot permanent utility easement and a 3,160 square foot temporary construction easement. The City Engineer recommends acceptance of the permanent utility easement and temporary construction easement and further requests permission to issue payment in the amount of $21,645 to Laborers National Pension Fund as full consideration for the easement rights granted. Discussion followed concerning renegotiating with the Laborers National Pension Fund to receive a better price on the easement rights. A motion was made by Councilman Moses, a second by Councilman Phelps, to instruct Staff and the City Attorney to renegotiate with the Laborers National Pension Fund for lesser money. City Attorney John Boyle stated negotiations had been made to the best of the ability of Staff and the Attorney. However if the Mayor would like to be involved in the negotiations, it might be advantageous. Mayor Blair stated he would be glad to intervene in any way. Mayor Blair recongized City Engineer Jerry Murawski to answer the question of would this delay work to the extent to be a disadvantage to the City. Mr. Murawksi stated no as there were other easement rights still pending. MAYOR BLAIR STATED COUNCILMAN JEFF BINFORD ARRIVED AT 8:25 P.M. Mayor Pro Tem Pyle requested an amendment to the pending motion to have the renegotiations completed and back to the Council no later than the second meeting in August. Councilman Moses and Councilman Phelps accepted the amendment to the motion. The motion passed unanimously with all voting "aye". D.5 CONSIDER ADOPTING RESOLUTION NO. 90-119 FOR A CHANGE ORDER TO INDUSTRIAL DISPOSAL COMPANY FOR THE PURCHASE OF AN ADDITIONAL RESIDENTIAL SIDE-LOADING REFUSE TRUCK AND TAKE THE APPROPRIATE ACTION. Vol. 58, Page 129 Mayor Blair presented the following information for consideration. On July 2, 1990, a Residential Sanitation side-loading refuse truck was involved in an accident and burned. On June 7, 1990, City Council approved awarding the bid for three residential side-loading refuse trucks to Industrial Disposal Company in the amount of $257,049. Funds in the amount of $318,900 were designated to purchase these three trucks, which leaves a balance of $61,851 that can be used together with the insurance settlement to replace the truck that burned July 2. A change order in the amount of $85,683 to Industrial Disposal Company for the additional side-loading refuse truck, meeting the specifications as stated in the original bid, is proposed. The Director of Public Works, and the Director of Equipment Services recommend adopting Resolution No. 90-119 approving the change order to Industrial Disposal Company in the amount of $85,683 for the purchase of one additional side-loading refuse truck. A motion by Mayor Pro Tem Pyle, a second by Councilman Binford, all voting "aye", adopted Resolution No. 90-119 approving the change order to Industrial Disposal Company in the amount of $85,683 for the purchase of one additional side-loading refuse truck. ~~~lai~slQ~ D.6 CONSIDER ADOPTING RESOLUTION NO. 90-123KUTHORIZING EXECUTION OF A PROFESSIONAL SERVICE AGREEMENT WITH JAMES CRAWFORD FOR EXTERIOR RESTORATION OF THE MULTIPURPOSE BUILDING AND INSTALLATION OF THE BASIC ELECTRICAL DISTRIBUTION SYSTEM IN THE HISTORICAL "PARK AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Multipurpose Building is included in the Historical Park Masterplan, and has been relocated to a permanent foundation in the Historical Park. Permission is requested to authorize execution of a Professional Service Contract with James Crawford for the exterior restoration of the Multipurpose Building and the installation of the basic electrical distribution system. Upon completion, the Multipurpose Building will be used as a public restroom and electrical distribution building. The Professional Service fee for the exterior restoration of the Multipurpose Building is $2,485, exterior restoration cost is estimated at $24,850, for a Vol. 58, Page 130 total not to exceed $27,335. There is $44,842 available funding. The Professional Service fee for the basic electrical distribution system is $4,540, the construction cost is estimated at $45,400 for a total not to exceed $49,940. There is $50,000 available funding. The combined contract amount not to exceed $77,275. There is a total of $94,842 in available funds in the Historical Park CIP Budget. The Historical Preservation and Restoration Board and Staff recommend adopting Resolution No. 90-123. A motion by Councilman Phelps, a second by Mayor Pro Tem Pyle, all voting "aye", adopted Resolution No. 90-123 authorizing execution of a Professional Services Agreement with James Crawford for exterior restoration of the Multipurpose Building and installation of the basic electrical distribution system in the Historical Park in an amount not to exceed $77,275. D.7 CONSIDER SETTING COUNCIL MEETING DATES FOR SEPTEMBER AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The first regularly scheduled meeting for September will fall on Labor Day. Suggested dates for consideration are September 4 (Tuesday) and September 17 or September 10 and the 17th. A motion by Mayor Pro Tem Pyle, a second by Councilman Moses, all voting "aye", set the dates for the September Council meetings for September 4, Tuesday, and September 17. D.8 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 gave an informative report on the TML Legislative Committee Meeting on Finance he attended in Austin on July 23. D.9 CITIZEN PARTICIPATION. There was no one wishing to speak. MAYOR BLAIR RECOGNIZED JOE CRUTCHFIELD OF THE CARROLLTON FARMERS BRANCH INDEPENDENT SCHOOL BOARD, AND FORMER MAYOR OF FARMERS BRANCH, BILL BINFORD, WHO WERE IN ATTENDANCE. Vol. 58, Page 1.31 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 IN THE STUDY SESSION CHAMBERS 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 PARK AND RECREATION BOARD. 2. DISCUSS APPOINTMENT OF ALTERNATE MEMBER TO THE PLANNING AND ZONING COMMISSION. 3. DISCUSS APPOINTMENTS TO THE LIBRARY BOARD. 4. DISCUSS APPOINTMENTS TO THE ANIMAL SHELTER ADVISORY COMMITTEE. 5. DISCUSS APPOINTMENT FOR A MUNICIPAL COURT JUDGE. A discussion was held relating to the appointments to the various boards and committees as outlined above. b. DISCUSS PENDING AND CONTEMPLATED LITIGATION - ARTICLE 6252-17 SEC. 2(e). 1. DISCUSS CASTRO/CHAPMAN VS. CITY OF FARMERS BRANCH. The staff presented an update on the Castro/Chapman vs. the City litigation. THE COUNCIL RECONVENED INTO GENERAL SESSION E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Binford, a second by Councilman Phelps, all voting "aye", appointed Roy Morales to serve Place 3 on the Parks and Recreation Board for a term to expire, October 1, 1991. A motion by Mayor Pro Tem Pyle, a second by Councilman Binford, all voting "aye", appointed David Merritt to serve Alternate Place 2 on the Planning and Zoning Commission for a term to expire, May 1, 1992. Vol. 58, Page 132 A motion by Councilman Phelps, a second by Councilman Binford, all voting "aye", appointed Gerald Pendery, Tom Scales and Tom McDougald to the Animal Shelter Advisory Committee, and also that another committee member would be appointed at a later date. A motion by Councilman Moses, a second by Councilman Phelps, all voting "aye", reappointed Dorothy Leckie to serve Place 3, Jo Anne Wolfe to serve Place 4, and Olivia Nichols to serve Place 7 on the Library Board for a term to expire May 1, 1992. Mayor Blair made a motion appointing Councilmembers Phelps and Moses as a two member committee to review the job description that had been prepared for the position of Municipal Court Judge and to begin an interviewing process with interested applicants. Mayor Pro Tem. Pyle seconded the motion and all voted "aye". E.3 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair reported that the staff presented an up to date report relating to the Castro/Chapman vs. City of Farmers Branch litigation. F.1 ADJOURNMENT. A motion by Councilman Binford, a second by Mayor Pro Tem Pyle, all voting "aye", adjourned the City Council meeting of July 23, 1990 at 9:35 p.m.. (z ~ ~ Mayor Dave Blair ~ .0 City Secretary Vol. 58, Page 133