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1990-10-01 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING OCTOBER 1, 1990 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Ron Pyle Bob Phelps Jeff Binford Calla Davis Bill Moses The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary City Management Assistant Communication Director Economic Development Director Director of Community Services City Engineer Director of Finance Director of Parks & Recreation Acting Police Chief Director of Public Works Traffic Engineer Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish David Reedy Donna Huerta Norma Nichols Tom Scales Jerry Murawski Doug Vanderslice Jeff Fuller Jimmy Fawcett Mark Pavageaux Dave Davis Mayor Blair called the City Council Meeting of October 1, 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 ACCEPTING A BRONZE PLAQUE FROM THE DAUGHTERS OF THE AMERICAN REVOLUTION COMMEMORATING THE CENTENNIAL OF THE DAUGHTERS OF THE AMERICAN REVOLUTION AND THE ESTABLISHMENT OF THE FIRST PETERS COLONY Vol. 59, Page 53 HEADQUARTERS, LOCATED IN FARMERS BRANCH. Ms. Betsy Wilcox, representative from the Peters Colony Chapter of the Daughters of the American Revolution, presented to Mayor Blair and the members of the City Council a facsimile of a bronze plaque to be placed at the Historical Park in the proximity of the Log Culture Area. The plaque commemorates the centennial of the Daughters of the American Revolution and the founding of the first Peters Colony Headquarters located in Farmers Branch. Mayor Blair expressed appreciation to Ms. Wilcox for the presentation of the plaque. Later in the agenda Mayor Blair came back to this item and requested the Council's acceptance. A motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", accepted the plaque from the Daughters of the American Revolution commemorating the centennial of the Daughters of the American Revolution and the establishment of the first Peters Colony Headquarters located in Farmers Branch. MAYOR BLAIR PRESENTED A PLAQUE TO CITY MANAGER RICHARD ESCALANTE THAT MAYOR ANTHONY ROMAN OF MARKHAM, CANADA, THAT HAD BEEN PRESENTED TO THE CITY WHILE ATTENDING THE ECONOMIC DEVELOPMENT TRIP TO CANADA. The inscription on the plaque stated "In recognition of an economic alliance between the Markham Board of Trade and York Technology Association of Markham, Ontario, Canada and the Metrocrest Chamber of Commerce of Addison, Carrollton, Coppell, Farmers Branch, Texas, U.S.A.", and signed by Mayor Roman on behalf of his Council. Later in the agenda Mayor Blair came back to this item and requested the Council's acceptance. A motion by Mayor Pro Tem Pyle, a second by Councilman Binford, all voting "aye", accepted the plaque given to Mayor Blair by Mayor Roman of Markham, Canada. MAYOR BLAIR READ A LETTER AND PRESENTED A CERTIFICATE THAT HAD BEEN PRESENTED TO HIM FROM H. D. BRADFORD, PRESIDENT OF THE HELLA TEMPLE SHRINERS HOSPITALS FOR CRIPPLED CHILDREN. The Certificate was given to Mayor Blair in honor of a proclamation that had been issued in support of the Shriners work for crippled and burned children. MAYOR BLAIR ANNOUNCED THAT THE DALLAS 1990 KICK-OFF OF THE RED RIBBON CAMPAIGN OF THE DRUG FREE PROGRAM WOULD BE ON OCTOBER 9, 1990. A.3 PRESENTATION OF SERVICE AWARDS Vol. 59, Page 54 Mayor Blair presented employee service awards to the following: Sally Austin of the Communications Division - 10 Year Award. Danny Bobo of the Utility Division of Public Works Department - 5 Year Award Fred McDonald of the Utility Division of Public Works Department - 5 Year Award Kim Mays of the Finance Department - 5 Year Award A.4 PRESENTATION OF BOARD APPLICATIONS. There were no board applications presented. 5.1 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 Pro Tem Pyle, a second by Councilman Phelps, all voting "aye", added Items D.3 and D.4 to the consent items. A motion by Mayor Pro Tem Pyle, a second by Councilman Phelps, all voting "aye", approved the following consent items B.1, B.2, D.3 and D.4. B.1. APPROVED THE MINUTES OF COUNCIL MEETING OF SEPTEMBER 17, 1990. B.2 ADOPTED RESOLUTION NO. 90-151 ACCEPTING A PETITION AND ALLEY EASEMENT DOCUMENTS FOR THE PAVING AND IMPROVEMENT OF A 15-FOOT WIDE UTILITY EASEMENT BETWEEN JANWOOD LANE AND AMBER LANE FROM WEBB CHAPEL ROAD TO AND INCLUDING THE "T" EAST OF LILLARD LANE AND CONSIDER AUTHORIZING THE PREPARATION OF PLANS, SPECIFICATIONS, AND ESTIMATES FOR THE CONSTRUCTION OF SAID ALLEY IMPROVEMENTS. D.3 ADOPTED RESOLUTION NO. 90-152 APPROVING AN ENGINEERING AGREEMENT WITH FREEMAN-MILLICAN, INC. FOR ENGINEERING DESIGN SERVICES FOR THE WICKER STREET WATER TAP AND METER FOR AN AMOUNT OF $13,400.00. Vol. 59, Page 55 D.4 ADOPTED RESOLUTION NO. 90-153 APPROVING CHANGE ORDER NO. 2 RELATIVE TO A CONSTRUCTION CONTRACT WITH SHARROCK, INC. FOR TRAFFIC SIGNAL INSTALLATION IN THE AMOUNT OF $5,760.00, FOR REPLACEMENT OF A TRAFFIC SIGNAL CONTROLLER AND CABINET DAMAGED IN A VEHICULAR ACCIDENT AT THE INTERSECTION OF SPRING VALLEY AND WELCH ROADS. C.1. CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of projects in the departments of the city. C.2 CONSIDER GRANTING A TAXICAB FRANCHISE TO MIDWAY TAXI SERVICE AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. City ordinances require a franchise to operate a taxicab service in Farmers Branch. Mr. Stephen Nezianya is seeking a taxicab franchise to operate "Midway Taxi Service" within the City. Five taxicabs will be put in operation initially if the franchise as granted. Mr. Nezianya has submitted the information required for approval of a franchise in accordance with Ordinance No. 1401 (Taxicab Regulations). The City Staff recommends the taxicab franchise be granted. Mayor Blair recognized Mr. Stephen Nezianya of Midway Taxi Service. Mr. Nezianya stated that he was present to answer any questions on his request. Councilman Moses asked whether or not a place for his business had been selection? Mr. Nezianya responded that no decision had been made for his headquarters. Mr. Nezianya stated that he would like to have a franchise in Farmers Branch and to locate his headquarters in the city if he can find a good location. Councilman Moses stated that he would like to see the Taxi Service located in Farmers Branch if the.company had a Farmers Branch franchise. Mayor Blair asked Mr. Nezianya if he was going to operate in Carrollton. Mr. Nezianya responded that he would be and that a franchise was not a requirement in Carrollton if he had one in Farmers Branch. Mayor Blair agreed with Councilman Moses and also encouraged Mr. Nezianya to locate his business in Farmers Branch if a Farmers Branch franchise was granted. Vol. 59, Page 56 Councilman Binford asked Mr. Nezianya if he was on any time restriction for his business. Mr. Nezianya stated that he would like to start operation sometime in December or January. There being no other comments or questions, Councilman Phelps made a motion to approve Ordinance No. 1911 granting a franchise to Midway Taxi Service in Farmers Branch. Mayor Pro Tem Pyle seconded the motion. Councilman Moses requested to add to the ordinance that the business would be located in Farmers Branch. City Attorney John Boyle responded that this could be a requirement in the ordinance if so desired by the Council. Mr. Nezianya stated that he does not object to the requirement. Councilman Phelps made an amended motion adopting the following captioned Ordinance No. 1911 with the amendment to the ordinance to include a requirement that the headquarters of Midway Taxi Service shall be located in Farmers Branch, and amend Section 9 to limit the liability insurance to $100,000.00 to $300,000.00 instead of the $10,000.00 to $20,000.00. Mayor Pro Tem. Pyle seconded the amended motion. The motion carried unanimously. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS GRANTING A FRANCHISE TO THE HEREINAFTER NAMED GRANTEE FOR THE PRIVILEGE OF OPERATING TAXICABS ON THE STREET, ALLEYWAYS AND HIGHWAYS OF THE CITY OF FARMERS BRANCH, TEXAS, FOR THE PURPOSE OF TRANSPORTING PASSENGERS FOR HIRE UPON THE TERMS AND CONDITIONS HEREINAFTER MENTIONED; PROVIDING FOR A REGULATIONS OF SAID SERVICE; PROVIDING FOR THE TERMINATION OF THE GRANT; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR SUPERVISION BY THE CITY COUNCIL; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. C.3 DISCUSS RESOLUTION PROPOSALS TO THE NATIONAL LEAGUE OF CITIES RESOLUTION COMMITTEE. Mayor Blair presented the following information for consideration. The deadline for submitting proposed resolutions to the National League of Cities is October 12, 1990. At the September 17, 1990 Council.meeting, the City Council indicated a resolution supporting legislation that would provide consumer protection in the cable industry should be prepared. This resolution would be sent to the National League of Cities for proposed adoption. Mayor Blair read the proposed resolution. Vol. 59, Page 57 Councilwoman Davis requested Assistant City Manager Steve Carpenter to give an update report on cable legislation. Mr. Carpenter presented a report relative to House Bill No. 5267 which had passed and on a companion Senate Bill No. 1880 that is still under study for revisions. Mr. Carpenter reported that Dallas County area Representatives Ralph Hall, John Bryant, Jack Hills and Joe Barton were on a House Subcommittee reviewing the Cable Communications Act and that he would encourage citizens to get in touch with them to express their views. Mr. Carpenter also suggested to contact Congressman Steve Bartlett and U. S. Senator Lloyd Bentsen. Mr. Carpenter reported of sending previously over one hundred (100) letters to various officials: city, state and federal, to let them know of the City's concern about the regulation of the cable industry. The Mayor and members of the Council made statement encouraging citizens to write to their congressmen and letting them know of their feelings on cable regulations as to quality, service, etc. After some discussion as to an added section to the proposed resolution as read by City Manager Richard Escalante, a motion by Councilman Binford, approved the resolution to the National League of Cities for action concerning cable communication Industry regulations with the additional whereas reading, "restoring authority to cities to regulate the cable industry will relieve the Federal Government of the cost of regulation". Councilwoman Davis seconded the motion. After further discussion, Councilman Binford revised the motion to approve the resolution with the additional whereas and authorized the Mayor to revise such resolution as subsequent action may warrant and to present such proposed resolution to the National League of Cities. Councilwoman Davis seconded the revised motion. The motion carried unanimously. D.1 CONSIDER ADOPTING RESOLUTION NO. 90-131 AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICE AGREEMENT WITH JAMES CRAWFORD FOR INTERIOR RESTORATION OF THE MULTIPURPOSE BUILDING 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 Master Plan. Upon completion, the Multipurpose Building will be used as a public restroom and electrical distribution building. Vol. 59, Page 58 A Professional Service Agreement has been negotiated with James Crawford for the restoration of the Multipurpose Building. The Professional Service fee for the interior restoration of the Multipurpose Building is $6,598, interior restoration cost is estimated at $65,987, with a total not to exceed $72,585. The 1990-91 CIP budget for this project is $80,000. The Staff anticipates construction to begin October 4, 1990, with an anticipated completion date of February 4, 1991. The Historical Preservation and Restoration Board and the Director of the Parks and Recreation Department recommends the adoption of Resolution 90-131 authorizing execution of a Professional Service Agreement with James Crawford for the interior restoration of the Multipurpose building in the Historical park, in an amount not to exceed $72,585.00. After some consideration, a motion by Councilman Moses, a second by Councilman Binford, all voting "aye", adopted Resolution No. 90-131 authorizing execution of a Professional Service Agreement with James Crawford, for the interior restoration of the Multipurpose Building in the Historical Park, in the amount not to exceed $72,585.00. D.2 CONSIDER ADOPTING RESOLUTION NO. 90-132 AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICE AGREEMENT WITH JAMES CRAWFORD FOR RESTORATION OF THE SCHOOL BUILDING IN THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The School Building is included in the Historical Park Master Plan. Upon completion, the School Building will be used for educational exhibits. A professional Service Agreement has been negotiated with James Crawford for the restoration of the School Building. The Professional Service fee for the school restoration is $7,426, restoration cost for the school is estimated at $74,264 for a total not to exceed $81,690. The Historical Park 1990-1991 CIP Budget contains $85,000 for the restoration of the School Building and the Professional Service fee. The Staff anticipates construction to begin October 4, 1990, with an anticipated completion of February 4, 1991. The Historical Preservation and Restoration Board and the Director of the Parks and Recreation Department, recommend adopting Resolution No. 90-132 authorizing execution of a Professional Service Agreement with James Crawford for the restoration of the School Building in the Historical park, in an amount not to exceed $81,690. Vol. 59, Page 59 After some consideration, a motion by Mayor Pro Tem Pyle, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 90-132 authorizing execution of a Professional Service Agreement with James Crawford for the restoration of the school building in the Historical Park, in an amount not to exceed $81,690. 1 D.3 CONSENT ITEM. D.4 CONSENT ITEM. D.5 CONSIDER RESOLUTION NO.90-157 AUTHORIZING CITY MANAGER TO EXECUTE AN AGENCY SERVICE AGREEMENT WITH ARTLEY OWEN GARRITSON, A DIVISION OF OWEN GARRITSON, INC. TO PROVIDE FOR THE PREPARATION AND PLACING OF THE CITY'S HOTEL ADVERTISING PROGRAM. Mayor Blair presented the following information for consideration. The City Council approved a $250,000 hotel advertising budget for the 1990-91 budget year. The Farmers Branch hotel managers requested that the city hire an advertising firm for a unified approach for the creativity and placement of advertising and marketing materials. A Request for Proposal was prepared in August and forwarded to eight Dallas area advertising firms. Four firms responded with a proposal and a presentation period was designated. A Selection Committee made up of the Director of Economic Development, and a representative of four of the seven Farmers Bramch hotels. The Committee selected the firm of Artley Owen Garritson on Thursday, September 13, 1990. The agency of Artley Owen Garritson has had considerable experience in working with attractions and the hotel industry. They have agreed to submit requests for materials in a timely fashion and will consider the city account as one that will receive priority. The Agency has agreed to charge a basic compensation fee of $2,812.50 per month. All other costs procedural guidelines are delineated on the Agreement. The Staff recommends the City Council approve the resolution authorizing the City Manager to execute the Agency Agreement with Artley Owen Garritson. After some consideration, a motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye", adopted Resolution No. 90-157 authorizing the execution of an Agency Service Agreement with Artley Owen Garritson for the Vol. 59, page 60 preparation and placing of the hotel advertising program, in the amount of $2,812.50 per month or $33,750.00 per year. D.6 CONSIDER ORDINANCE NO. 1912 AMENDING THE SANITARY SEWER RATE CHARGES AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The adopted 1990-91 budget includes an overall 4% increase in utility rates, all of which is to be applied to sewer rates. As a result of the settlement of the water rate dispute with the City of Dallas there is no need for a water rate increase. A sewer rate increase is necessary, however, due to a 44% increase in sewage disposal cost from the Trinity River Authority. Ordinance No. 1912 submitted for consideration would raise sewer rates to a level necessary to effect an overall 4% increase in utility rates. The increase will go into effect on October 2, 1990. The total sewer revenue projected in the 1990-91 budget is $2,962,600. The City Staff recommends Ordinance No. 1912 be adopted. After some consideration, a motion by Councilwoman Davis, a second by Mayor Pro Tem Pyle, all voting "aye", adopted the following captioned Ordinance No. 1912: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 1 OF ORDINANCE NO. 1942 SETTING FORTH THE MONTHLY RATES OR CHARGES FOR SERVICES FURNISHED BY THE SANITARY SEWER SYSTEM: PROVIDING THAT ALL PORTIONS OF OTHER ORDINANCES NOT IN CONFLICT WITH THIS ORDINANCE SHALL REMAIN IN FULL FORCE AND EFFECT: AND DECLARING AN EMERGENCY. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. City Manager Richard Escalante presented a report of his attending the ICMA held in Ft. Worth, September 22-26, 1990/ Mr. Escalante requested permission to travel to Houston on Tuesday, October 2, 1990, to view a tunnel operation. Councilwoman Davis presented a report of attending a hearing on September 20,1990, in Austin before the Texas Water Development Board relating to the funding for a study of the Trinity River. Mayor Blair presented a report of going on the Metrocrest Chamber of Commerce Economic Development trip to Canada, September 22=28, 1990. Vol. 59, Page 61 There being no other reports, a motion by Councilman Binford, a second by Councilman Moses, all voting "aye", approved City Manager Richard Escalante to travel to Houston to examine a similar sewer intercepter project on October 2, 1990. A.2 & A.3 MAYOR BLAIR CALLED FOR MOTIONS OF ACCEPTANCE. (SEE MOTIONS IN ITEMS A.2 & A.3.) D.8 CITIZEN PARTICIPATION. There was no one wishing to speak. 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 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 POLICE CHIEF POSITION. 2. DISCUSS APPOINTMENTS TO THE INDUSTRIAL DEVELOPMENT CORPORATION BOARD OF DIRECTORS. 3. DISCUSS APPOINTMENTS TO THE PARKS AND RECREATION BOARD. A discussion was held relating to the Police Chief position. A discussion was held relating to appointments to the Industrial Development Corporation Board of Directors and the Parks and Recreation Board. b. DISCUSS LAND ACQUISITION - ARTICLE 6252-17. SEC. 2(f) 1. DISCUSS POSSIBLE LAND ACQUISITION. No discussion was necessary. THE COUNCIL RECONVENED INTO GENERAL SESSION. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Vol. 59, Page 62 Mayor Blair stated that City Manager Richard Escalante and his staff presented a report to the Council relative to the Police Chief position. A motion by Councilwoman Davis, a second by Councilman Phelps, all voting "aye", authorized the City Manager to enter into a contract with Jensen Oldani in search for the Police Chief position in the amount not to exceed $12,000.00 plus travel expense. Councilman Moses commented on the selection process of in-house versus retaining a search firm. Mayor Blair stated that in regards to the appointments discussed in the Executive Session they would be postponed until he had had a change to visit with the board members whose term had expired. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. No action necessary. F.1 ADJOURNMENT. A motion by Councilman Binford, a second by Councilwoman Davis, all voting "aye", adjourned the City Council meeting of October 1, 1990, at 9:33 P.M. Mayor David D. City Secretary 41air, Jr. n L Vol. 59, Page 63