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1991-01-07 CC Minutes1-1 CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JANUARY 7, 1991 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 Director of Community Services City Engineer Director of Parks & Recreation Director of Public Works Director of Finance City Management Assistant Communication Director Recording Secretary Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish Tom Scales Jerry Murawski Jeff Fuller Mark Pavageaux Doug Vanderslice Dave Reedy Donna Huerta Brenda Anderson Mayor Blair called the City Council Meeting of January 7, 1991 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION Councilman Moses gave the invocation. The pledge of allegiance to the flag was led by Webelos Pack 712 of St. Monica's School. A.2 CONSIDER PROCLAIMING JANUARY 13 - JANUARY 19, 1991, TO BE TEXAS VETERANS LAND BOARD AWARENESS WEEK. This item has been placed on the agenda at the request of Mayor Blair through a request from Mr. Felix Arambula, Jr., Assistant Land Commissioner, asking for assistance to publicize the Veteran Land Board Programs. Vol. 60, Page 1 Mayor Blair presented the following information. The Veterans Land Board offers low interest loans to Texas veterans. The benefits include loans of $20,000.00 for the purchase of land, $20,000.00 for the purchase of a new or existing home, and up to $17,000.00 for home improvements. Mayor Blair stated for anyone interested, the number to call is the Texas Veterans Land Board's office in Austin, 1-800-252-VETS. A.3 PRESENTATION OF APPRECIATION TO THE CITY FROM THE OFFICE ON AGING. Mayor Blair recognized Donna Gronstal, Executive Director of the Office on Aging, and Boardmembers Dolly Graul and Sue Goodwin. Boardmembers Dolly Graul and Sue Goodwin presented to the Mayor a book about understanding depression for the elderly. The book is to be placed in the City Library in appreciation of the City's ten years of support to the office on Aging. 1 -1 A motion by Mayor Pro Tem Pyle, a second by Councilman Phelps, all voting "aye", accepted the gift of the book from the office on Aging. A.4 PRESENTATION OF SERVICE AWARDS Mayor Blair presented a 15 year employee service award to Deputy Chief Kyle King of the Fire Department. Mayor Blair presented a 15 year employee service award to Captain Ed Richardson of the Fire Department. Mayor Blair presented a 10 year employee service award -to Bill Grimes of the Community Services Department. Mayor Blair presented a 10 year employee service award to Dennis Gross of the Fire Department. Mayor Blair presented a 5 year employee service award to Steve Furra of the Parks and Recreation Department. Mayor Blair presented a 5 year employee service award to Chris Harrington of the Engineering Department. A.5 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. B.1 - B.7 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. vol. 60, Pacre 2 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. Pyle, a second by Councilman Phelps, all voting "aye", approved adding agenda items C.4 and D.5 to the Consent Agenda. A motion by Councilman Binford, a second by Councilman Phelps, all voting "aye", approved the following Consent Agenda items. B.1 APPROVED MINUTES OF COUNCIL MEETING OF DECEMBER 10, 1990. B.2 APPROVED MINUTES OF SPECIAL COUNCIL MEETING OF DECEMBER 17, 1990. B.3 ADOPTED RESOLUTION NO. 91-005 AUTHORIZING A RELEASE OF COVENANTS OF A DEVELOPERS CONTRACT WITH CENTRE DEVELOPMENT CO., FOR VALWOOD PARK - FARMERS BRANCH, PHASE ONE. B.4 ADOPTED RESOLUTION NO. 91-007 ACCEPTING A DRAINAGE EASEMENT DEDICATED BY MR. AND MRS. JAMES E. MILLER TO ACCOMMODATE DRAINAGE IMPROVEMENTS AS PART OF THE VERONICA ROAD BRIDGE PROJECT. B.5 ADOPTED RESOLUTION NO. 91-008 ACCEPTING A DRAINAGE EASEMENT DEDICATED BY MR. AND MRS. DANIEL L. LOGAN TO ACCOMMODATE DRAINAGE IMPROVEMENTS AS PART OF THE VERONICA ROAD BRIDGE PROJECT. B.6 ADOPTED RESOLUTION NO. 91-009 ACCEPTING A STREET EASEMENT DEDICATED BY VALWOOD PARK BAPTIST CHURCH FOR STREET IMPROVEMENTS AS PART OF THE VALWOOD PARKWAY RECONSTRUCTION PROJECT. B.7 APPROVED REQUEST BY A. J. AIROLDI AND REVEREND YOUNG KOOK HAN FOR REPLAT APPROVAL OF REPLAT OF A. J. AIROLDI ADDITION NO. 2 AND PART OF TRACT 1, AIROLDI SUBDIVISION. C.4 APPROVED REQUEST OF VIC WIT ON BEHALF OF U. K. WAREHOUSES, INC. FOR APPROVAL OF A SITE PLAN FOR A SECURED PARKING LOT WITHIN THE PLANNED DEVELOPMENT NO. 25 (PD-25) ZONING DISTRICT AT 13425 BRANCHVIEW LANE. Vol. 60, Page 3 D.5 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 1920, AMENDING ORDINANCE NO. 1210, CHANGING THE SPEED LIMIT ON SENLAC DRIVE FROM VALLEY VIEW LANE TO VALWOOD PARKWAY TO 40 MILES PER HOUR. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING ORDINANCE 1210 CHANGING THE SPEED LIMIT ON SENLAC DRIVE FROM VALLEY VIEW LANE TO VALWOOD PARKWAY TO 40 MILES PER HOUR; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. C.1 CITY MANAGER REPORTS City Manager Escalante gave an informative report of the happenings and status of projects in the departments of the City. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF GARY DEVLEER ON BEHALF OF THE AUTO FUEL COMPANY FOR A SPECIFIC USE PERMIT FOR A GASOLINE SERVICE STATION ON A .5135 ACRE TRACT OF LAND WITHIN A LIGHT INDUSTRIAL ZONING DISTRICT LOCATED AT THE NORTHEAST CORNER OF INWOOD ROAD AND SPRING VALLEY ROAD AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. At the request of City Staff, the Planning and Zoning Commission continued the public hearing until its January 14, 1991 meeting in order to allow the applicant sufficient time to submit additional information pertinent to the request. In accordance with the Comprehensive Zoning Ordinance, the City Council must receive a recommendation from the Planning and Zoning Commission before action may be taken on any proposed zoning amendment. Therefore, no action may be taken by the City Council City Staff recommends the public hearing be continued to the January 28, 1991, City Council meeting. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", approved to continue the public hearing to the January 28, 1991, City Council meeting. C.3 PUBLIC HEARING: CONSIDER APPROPRIATE REGULATIONS FOR DAY CARE FACILITIES WITH REGARD TO ZONING DISTRICTS AND OTHER DEVELOPMENT STANDARDS, INCLUDING BUT NOT LIMITED TO PARKING RATIOS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. At its December 17, 1990 meeting, the Planning and Zoning Commission received public input on Vol. 60, Page 4 I --I this item and continued the public hearing to its January 14, 1991 meeting in order to allow Staff sufficient time to prepare an amendment to the Comprehensive Zoning Ordinance requiring a Specific Use Permit for day care facilities in certain zoning districts and establishing an appropriate parking ratio requirement. In accordance with the Comprehensive Zoning Ordinance, the City Council must receive a recommendation from the Planning and Zoning Commission before action may be taken on any proposed zoning amendment. Consequently, no action may be taken by the City Council at this time. City Staff recommends that the public hearing be continued to the January 28, 1991, City Council meeting. A motion by Councilman Moses, a second by Councilmember Davis, all voting "aye", approved to continue the public hearing to the January 28, 1991, City Council meeting. C.4 Consent Item D.1 CONSIDER ADOPTING RESOLUTION NO. 91-002 AWARDING BIDS FOR HOT-MIX HOT LAID ASPHALTIC CONCRETE FOR THE PUBLIC WORKS DEPARTMENT. Mayor Blair presented the following information for consideration. Bid requests for hot-mix, hot and cold laid asphaltic concrete for the Public Works Department were sent to five vendors. Three bids were received and opened on December 28, 1990. All three bids received for hot-mix/hot laid asphaltic concrete met specifications. Hot-mix/cold laid asphaltic concrete was not bid by any vendor. APAC of Texas submitted low bids meeting specifications for hot-mix asphaltic concrete at $20.40 per ton for Type "D" and $20.23 per ton for Type "B". Bids are based on an estimated quantity as material needs fluctuate each year. The total bid award for hot-mix asphaltic concrete is $73,338.00. The Public Works Budget contains $92,000.00 for the purchase of Type "D" and Type "B" asphaltic concrete. The hot-mix/cold laid material will be purchased as needed. The Director of Public Works Department recommends adopting Resolution No. 91-002 awarding bids for hot-mix hot laid asphaltic concrete for the Public Works Department. A motion by Councilmember Davis, a second by Councilman Moses, all voting "aye", adopted Resolution No. 91-002 Vol. 60, Paae 5 awarding bids for hot-mix hot laid asphaltic concrete for the Public Works Department for Type "D" hot-mix asphalt to APAC for a cost of $20.40 per ton, Type "B" hot-mix asphalt to APAC for a cost of $20.23 per ton with the total bid award for hot-mix asphaltic concrete not to exceed $73,338. D.2 CONSIDER ADOPTING RESOLUTION NO. 91-003 AWARDING THE BID FOR READY MIX CONCRETE FOR THE PUBLIC WORKS DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the consideration. Bid request, the Public Works Department All concrete vendors were bids and all five companies in bidding. following information for for ready-mix concrete for were sent to five vendors. contacted prior to mailing stated they were interested one bid was received that met specification. The other four bids were not returned. Three vendors stated they lost their bid packets in their office. One vendor was no longer at the address given and the Postal Service returned the bid packet. The bid received which met specifications was from R & M concrete in the amount of $38.00/cubic yard for 3000 PSI and $44.00/cubic yard for high strength concrete picked up, and $46.00/cubic yard for 3000 PSI material delivered. This is a 19% increase for picked up and a 21% increase for delivered materials over last years bid. The bid, which is based on a twelve month period, will be awarded on a unit price basis with materials being picked up as necessary. The total bid was $111,244.00. There is $100,315.00 in the 1990-91 Public Works budget for the purchase of ready-mix concrete. The award will be made for the total estimated amount of $111,244.00. If additional funding is required a transfer from the hot-mix asphalt account will be made. The bids for hot-mix asphalt were $18,552.00 under budget. The Director of the Public Works Department recommends adopting Resolution No. 91-003 awarding the bid for ready mix concrete for the Public Works Department. A motion by Mayor Pro Tem Pyle, a second by Councilman Binford, all voting "aye", adopted Resolution No. 91-003 awarding the bid for ready mix concrete for the Public Works Department to R & M Concrete for a cost of $38.00 per cubic yard picked up, $46.00 per cubic yard delivered, $44.00 per cubic yard for high strength concrete picked up. The total purchase price shall not exceed $111,244.00. Vol. 60, Page 6 D.3 CONSIDER ADOPTING RESOLUTION NO. 91-010 AWARDING THE BID FOR CLEANING AND SEALING OF JOINTS AND CRACKS IN VARIOUS STREETS TO PRIMATE CONSTRUCTION, INCORPORATED AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. In 1989-90 the Public Works Department began a 5 year program to seal cracks in approximately 130 lane miles of streets. Approximately 25 lane miles are to be sealed annually. Last years pilot program sealed 26 lane miles using different types of sealant. The first year of the program was evaluated and considered a success. To continue the program in 1990-91, bids were requested on a contract to seal approximately 26.5 lane miles. The sealant used will be a hot-applied rubberized asphalt. This material produced the best results in last year's program. Bid requests were mailed to twelve vendors. Three bids were received and opened on December 28, 1990. All three bids received met specifications. The lowest bid meeting specifications was submitted by Primate Construction, Incorporated in the amount of $87,698.43. Funds in the amount of $95,000.00 are available in the Street Maintenance Budget for 1990-91 to finance the project. The Director of the Public Works Department recommends adopting Resolution No. 91-010 awarding the bid for cleaning and sealing of joints and cracks in various streets to Primate Construction, Incorporated in the amount of $87,689.43. A motion by Councilman Binford, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 91-010 awarding the low bid meeting specifications for cleaning and sealing of joints and cracks in various streets to Primate Construction, Inc. in the amount of $87,689.43. D.4 CONSIDER ADOPTING RESOLUTION NO. 91-011 AWARDING THE BID FOR EROSION CONTROL IMPROVEMENTS ON RAWHIDE CREEK BETWEEN TOM FIELD ROAD AND JOSEY LANE. Mayor Blair presented the following information for consideration. Erosion control improvements on Rawhide Creek between Tom Field Road and Josey Lane is a 1990-91 Drainage Bond Capital Improvement Project. The improvements consist of gabion repair, protecting existing gabions with one foot thick by six foot long gabion mattresses, replacement of existing concrete apron at Josey Lane and construction of six 4-foot high dams. Vol. 60, Page 7 C A total of twelve construction companies were invited to bid; two bids were received and opened on December 21, 1990. Both bids met specification. The low bid was from Craig Olden, Inc. in the amount of $269,825.00. The contract time is 100 calendar days. Funds in the amount of $277,800.00 are available for construction of the project. The Director of Parks and Recreation and the City Engineer recommend that the Erosion Control Improvements on Rawhide Creek between Tom Field Road and Josey Lane be awarded to Craig Olden, Inc. in the amount of $269,825.00. After some discussion, a motion by Councilman Binford, a second by Mayor Pro Tem Pyle, all voting "aye", adopted Resolution No. 91-011 awarding the bid for Erosion Control Improvements on Rawhide Creek between Tom Field Road and Josey Lane to Craig Olden, Inc. in the amount of $269,825.00. D.5 Consent Item 1 D.6 CONSIDER ADOPTING ORDINANCE NO. 1921 AWARDING AN ELECTRICAL FRANCHISE TO TEXAS UTILITIES ELECTRIC COMPANY FOR TWENTY-FIVE (25) YEARS AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The City's franchise with Texas Utilities Electric company expires on May 1, 1991. Ordinance No. 1921 would award a new twenty-five year franchise to TU Electric. The franchise would continue the current practice of a 3% gross receipts charge on TU Electric's retail sale of energy. The franchise, however, includes a "Favored Nations" clause that provides for a higher franchise fee if other cities served by TU Electric receive a fee higher than 3%.. This provision is effective on a practical basis no later than January 1994. The franchise also acknowledges the City's rule-making power. The Ordinance requires two readings at regular City Council meetings. The first reading is at tonight's meeting. The Ordinance can be passed after the second reading on February 25, 1991. The Ordinance would not take effect until sixty days after the February 25th meeting which would be April 26, 1991. The full text of the Ordinance must be published for four consecutive weeks in the City's official newspaper during the sixty day period. Vol. 60, Page 8 The Assistant City Manager and City Attorney recommend approval of ordinance 1921 on the first reading awarding an electrical franchise to Texas Utilities Electric Company for twenty-five (25) years and take the appropriate action. Mayor Blair stated that Tom Parsons and Kirk King of TU Electric were available for any questions. City Attorney John Boyle explained issues relating to the Franchise Ordinance. After some discussion, a motion by Councilman Phelps, a second by Councilmember Davis, all voting "aye", approved the first reading of the following captioned Ordinance No. 1921 for awarding an electrical franchise to Texas Utilities Electric Company for twenty-five years subject to the ordinance being ratified by TU Electric. AN ORDINANCE GRANTING TO TEXAS UTILITIES ELECTRIC COMPANY A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND USING AN ELECTRIC POWER UTILITY SYSTEM IN THE CITY OF FARMERS BRANCH, TEXAS; REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY; REQUIRING JOINT USE OF POLES, TRENCHES, AND CONDUITS IN CERTAIN INSTANCES; PRESCRIBING THE RELATIONSHIP AND RELATIVE RIGHTS BETWEEN GRANTEE AND OTHERS WITH RESPECT TO CONSTRUCTION IN THE CITY AND LOCATION OF FACILITIES; PROVIDING FOR THE QUALITY OF SERVICE TO BE PROVIDED BY GRANTEE; PRESCRIBING THE DUTIES, RESPONSIBILITIES AND RULE MAKING AUTHORITY OF THE CITY COUNCIL AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; REQUIRING CERTAIN RECORDS AND REPORTS AND PROVIDING FOR INSPECTIONS; RESERVING TO THE GOVERNING BODY OF THE CITY THE RIGHT TO SET CHARGES AND RATES OF GRANTEE; PROVIDING THE PROCEDURE FOR CHANGING THE RATES OF GRANTEE AND PROVIDING THE RIGHTS AND RESPONSIBILITIES OF THE GOVERNING BODY IN SETTING THE RATES; PROVIDING FOR CUSTOMER SECURITY DEPOSITS; PROVIDING FOR SUSPENSION OF SERVICE TO A CUSTOMER; PROVIDING FOR ENFORCEMENT OF THE FRANCHISE; PRESCRIBING THE COMPENSATION TO THE CITY FROM THE GRANTEE FOR THIS FRANCHISE; SETTING FORTH THE TERM OF THE FRANCHISE AND ITS RENEWAL; REPEALING ALL PRIOR ORDINANCES GRANTING A FRANCHISE TO TEXAS UTILITIES ELECTRIC COMPANY OR ITS PREDECESSOR; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. Vol. 60, Page 9 D.7 CONSIDER ADOPTING RESOLUTION NO. 91-013 REJECTING THE BIDS FOR THE SALE OF THE NESTLE STREET PROPERTY. Mayor Blair presented the following information for consideration. Bids for the Nestle Street Property owned by the City were opened on December 28, 1990. Two bids were received by bid closing time. One bid for $10,000.00 and one for $37,000.50. The appraised value of the property is $54,000.00. The Assistant City Manager recommends adopting Resolution No. 91-013 rejecting the bids for the Sale of the Nestle Street Property. A motion by Councilman Binford, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 91-013 rejecting bids for the sale of the Nestle Street Property and ask Staff to have an executive session agenda item for the next meeting to address alternatives. 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 stated information was included in this agenda item relating to the Henry Cisneros Municipal Leadership Symposium to be held in San Antonio, January 24 and January 25, 1991, (Thursday and Friday). A motion was made by Councilmember Davis, a second by Councilman Moses, to approve travel for Mayor and Councilmembers to attend Henry Cisneros Municipal Leadership Symposium in San Antonio, January 24-25, 1991. City Manager Escalante requested to be included in the motion. Councilmember Davis amended the motion, Councilman Moses approved the amendment, and all voting "aye", approved travel for Mayor, Councilmembers and City Manager to attend Leadership Symposium in San Antonio, January 24-25, 1991. A motion by Councilman Binford, a second by Councilmember Davis, all voting "aye", approved travel for Mayor, Councilmembers and City Manager to attend Inauguration of Governor in Austin on January 15, 1991. D.9 CITIZEN PARTICIPATION. Mayor Blair recognized Councilman Binford who stated he had a call from a citizen who asked him to relay a problem regarding the noise behind Skaggs, loading and Vol. 60, Paae 10 unloading of trucks, and the pick up of trash at all hours of the night. Mayor Blair recognized Community Services Director Tom Scales who explained the action being taken to correct the situation. MAYOR BLAIR ANNOUNCED THAT THE ITEMS ON THE AGENDA OR THE GENERAL SESSION HAVE BEEN CONCLUDED. MAYOR BLAIR STATED THE EXECUTIVE SESSION WAS HELD EARLIER AFTER THE STUDY SESSION IN THE STUDY SESSION CHAMBERS. 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 DISCUSSIONS. a. DISCUSS PERSONNEL MATTERS ARTICLE 6252-17, SEC. 2 (g) 1. DISCUSS APPOINTMENT OF CRIME WATCH CHAIRMAN. 2. DISCUSS APPOINTMENT OF A SISTER CITY COORDINATOR. 3. DISCUSS APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD. There were discussions held relating to the above three items. b. DISCUSS LAND ACQUISITION - ARTICLE 6252-17, SEC. 2(f) 1. DISCUSS POSSIBLE LAND ACQUISITION. There was discussion relating to possible land acquisition. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. 1. A motion by Mayor Pro Tem Pyle, a second by Councilman Moses, all voting "aye", appointed Ruth Lee to the position of Neighborhood Crime Watch Chairman. 2. There was no action taken at this time on appointment of a Sister City Coordinator. 3. A motion by Councilman Moses, a second by Councilmember Davis, all voting "aye", reappointed the following to serve two year terms beginning January 1, 1991; Place 1 - Dean Nichols, Place 2 - Laverne Gilbert, Place 6 - Betty Thacker, Place 7 - Jerry Wilcox. Vol. 60, Page 11 E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated there was no action needed at this time on this item of possible land acquisition discussed in the Executive Session. F.1 ADJOURNMENT. A motion by Councilman Phelps, a second by Councilman Binford, all voting "aye", adjourned the meeting of January 7, 1991, at 8:44 p.m. May Dave Blair' City Secretary 1 Vol. 60, Page 12