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1991-02-25 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING FEBRUARY 25, 1991 COUNCIL CHAMBER CITY HALL 7:31 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 Communication Director Director of Community Services City Engineer Director of Finance Director of Parks & Recreation Police Chief Director of Public Works City Management Assistant Recording Secretary Mayor Blair called the 25, 1991 to order at televised. A.1 INVOCATION. Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish Donna Huerta Tom Scales Jerry Murawski Doug Vanderslice Jeff Fuller Jimmy Fawcett Mark Pavageaux David Reedy Brenda Anderson City Council Meeting of February 7:31 P.M. The meeting was Councilman Moses gave the invocation and led the pledge of allegiance to the flag. MAYOR BLAIR STATED POLICE OFFICER RODNEY WALLACE HAD BEEN CALLED TO DUTY. HE IS IN THE MARINE CORPS RESERVE. MAYOR BLAIR AND CITY COUNCIL WISHED HIM THE BEST AND ALSO HIS FAMILY. Vol. 60, Page 32 MAYOR BLAIR WELCOMED MEMBERS OF THE FOCUS FARMERS BRANCH CLASS WHO WERE IN ATTENDANCE FOR THE COUNCIL MEETING. A.2 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. B.1 - B.8 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. 1 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 Phelps, all voting "aye", approved C.6 to the Consent Agenda with the records delivered to Council from agreeing to eliminate the proposed Valley View Lane to their facility. second by Councilman adding agenda item letter added to the Teambank officials access entrance from A motion by Mayor Pro Tem Pyle, a second by Councilman Phelps, all voting "aye", approved the following Consent Agenda items with the correction to the minutes on Volume 60, Page 16, to state "motion by Councilman Binford, instead of motion by Mayor Pro Tem Binford." B.1 APPROVED MINUTES OF COUNCIL MEETING OF JANUARY 28, 1991. B.2 AUTHORIZED THE CITY MANAGER TO EXECUTE A RELEASE OF LIABILITY FORM WITH PRESTON RIDGE FINANCIAL SERVICES AND LEE FISCHER & ASSOCIATES FOR USE OF THEIR PARKING FACILITIES FOR THE EASTER EGG HUNT, DALLAS SYMPHONY ORCHESTRA CONCERT, HALLOWEEN IN THE PARK, AND CHRISTMAS EVENTS TO BE HELD AT THE HISTORICAL PARK IN 1991. B.3 ADOPTED RESOLUTION NO. 91-031 ACCEPTING A PUBLIC ALLEY EASEMENT DOCUMENT DEDICATED BY MR. HAROLD E. LEMMON OF 2914 LAVITA LANE NECESSARY FOR THE PAVING OF THE EASEMENT BETWEEN LAVITA LANE AND SELMA LANE FROM JOSEY LANE TO VERONICA LANE. B.4 ADOPTED RESOLUTION NO. 91-032 ACCEPTING A PUBLIC ALLEY EASEMENT DOCUMENT DEDICATED BY MR. AND MRS. R.W. COOPER OF 2942 LAVITA LANE NECESSARY FOR THE Vol. 60, nacre 33 PAVING OF THE EASEMENT BETWEEN LAVITA LANE AND SELMA LANE FROM JOSEY LANE TO VERONICA LANE. B.5 ADOPTED RESOLUTION NO. 91-029 AWARDING A BID TO OVERHEAD DOOR COMMERCIAL FOR REPLACEMENT OF OVERHEAD DOORS AT #2 FIRE STATION IN THE AMOUNT OF $7,513. B.6 APPROVED REQUEST OF PETER AND CHERYL HARRINGTON ON BEHALF OF THE TWIN CREEKS CRIME WATCH PROGRAM TO ALLOW A CAR WASH AT 14020 HARRY HINES (SUPERFUELS). B.7 ADOPTED RESOLUTION NO. 91-037 AUTHORIZING THE CITY MANAGER TO PURCHASE A REPLACEMENT SEWAGE PUMP FROM FLYGHT CORPORATION IN THE AMOUNT OF $5,748 FOR THE HUTTON STREET SEWAGE LIFT STATION. B.8 ADOPTED RESOLUTION NO. 91-044 AUTHORIZING AND CONFIRMING THE FUNDS FOR COMPLETING THE POLICE STATION UNDERGROUND STORAGE TANK PROJECT IN THE AMOUNT OF $6,450. MAYOR BLAIR WELCOMED RETIRED POLICE CHIEF ROBBINS WHO WAS IN ATTENDANCE. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report of the happenings and status of projects of. the departments in the City. City Manager Escalante also announced the selection process for the new police chief was completed and Jim Fawcett had been selected. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF PAGE SOUTHERLAND PAGE FOR SITE PLAN APPROVAL TO CONSTRUCT A 216 SQUARE FOOT, PARTIALLY ENCLOSED PORCH AT 5 MEDICAL PARKWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 18 ZONING DISTRICT (PD-18) AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The proposed porch will serve as a secured, outdoor smoking area for patients at the Brookhaven Psychiatric Pavilion and will be located within the existing fenced courtyard on the west side of the building. The proposed porch complies with all pertinent zoning standards and Comprehensive Plan guidelines. The Planning and Zoning commission by unanimous vote, recommends adoption of Resolution No. 91-040, approving the site plan as submitted. Mayor Blair opened the public hearing. There being no one wishing to speak, a motion by Councilman Binford, a Vol. 60, page 34 second by Councilman Phelps, all voting "aye", closed the public hearing. A motion by Councilmember Davis, a second by Councilman Moses, all voting "aye", adopted Resolution 91-040 to approve the site plan as submitted. C.3 PUBLIC HEARING: CONSIDER THE METROCREST HOSPITAL AUTHORITY FOR ERECT A 4,745 SQUARE FOOT, SINGLE MEDICAL PARKWAY AND WITHIN THE NUMBER 18 ZONING DISTRICT (PD-18) ACTION. REQUEST OF THE SITE PLAN APPROVAL TO STORY ADDITION AT 7 PLANNED DEVELOPMENT AND TAKE APPROPRIATE Mayor Blair presented the following information for consideration. The proposed addition will be located in a partially enclosed courtyard between the hospital's receiving area along Medical Parkway North and the six story hospital tower. It will house MRI functions and replace the mobile MRI unit presently located north of the hospital on Medical Parkway North. The proposed addition complies with all pertinent zoning standards and Comprehensive Plan guidelines. The Planning and Zoning Commission by unanimous vote, recommends adoption of Resolution No. 91-039, approving the site plan as submitted. Mayor Blair opened the public hearing. There being no one wishing to speak, a motion by Councilmember Davis, a second by Councilman Moses, all voting "aye", closed the public hearing. A motion by Councilman Phelps, a second by Mayor Pro Tem Pyle, all voting "aye", adopted Resolution No. 91-039 approving the site plan as submitted. C.4 CONSIDER THE REQUEST OF ORENDAIN ASSOCIATES, INC., FOR SITE PLAN APPROVAL TO INSTALL A SCISSOR LIFT WITH BOLLARDS AT 13100 JOSEY LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 7 ZONING DISTRICT (PD-7) AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The proposed scissor lift will be used for loading and unloading merchandise. It will be located along the south side of the Skaggs supermarket approximately 16 feet west of the building's southeast corner. Two (2) concrete filled bollards will be placed at either corner of the lift on its west side to protect it from delivery vehicles. The lift will not encroach any parking areas or impede two-way traffic flow parallel to the supermarket. Vol. 60, Page 35 During operation, the noise generated by the lift is less than that of an idling car. The applicant is willing to increase the height of the existing masonry screening wall along Veronica Road from six (6) to eight (8) feet to further reduce noise generated on-site due to normal store operations. The Planning and Zoning commission by unanimous vote, recommends adoption of Resolution No. 91-041, which approves the site plan with the condition that the height of the masonry screening wall be increased from 6 feet to 8 feet. Mayor Blair stated the masonry screening wall is along the eastside of the building along Veronica Road. A motion by Councilman Phelps, a second by Councilmember Davis, all voting "aye", adopted Resolution No. 91-041 which approves the site plan with the condition that the height of the masonry screening wall be increased from 6 to 8 feet. C.5 CONSIDER AN APPEAL OF TURNER HARDWARE OF A DECISION OF THE BUILDING CODE BOARD OF APPEALS REGARDING BANNERS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Section 3-38 (7) of the Code, of Ordinances allows grand opening or special sales banners to be displayed for one two week period in a calendar year. . Turner Hardware has appeared before the Building Code Board of Appeals requesting a variance from the Code of Ordinances. Turner Hardware requested permission to display banners at their store five times per year for a total of seventy-eight (78) days. The Building Code Board of Appeals has denied this request. Turner Hardware is appealing the Board's decision to the City Council. In Turner Hardware's letter requesting an appeal, an alternate request was proposed of four (4) displays per year for a total of 56 days. Staff recommends the request to display a banner five times a year for a total of 78 days be denied, but the alternate proposal of four times a year for a total of 56 days be approved. Discussion followed regarding the City Sign Ordinance which has been under review for the past year. Part of the proposed recommendation by the staff will be to allow banners for a longer period of time. In taking this into consideration, the Council discussed allowing Vol. 60, Page 36 the temporary banner be displayed during the periods of April 1 through 14 and May 20 through June 2, 1991. By the end of this time, the City's revised Sign Ordinance should be approved and in effect to address the other dates requested by Turner Hardware. A motion by Mayor Pro Tem Pyle, a second by Councilmember Davis, all voting "aye", approved the alternate Resolution 91-047 B to allow the temporary banner be displayed during the periods of April 1 through 14, and May 20 through June 2, 1991. C.6 Consent Item C.7 CONSIDER REQUEST TO DISCUSS TCI CABLEVISION AND TAKE THE APPROPRIATE ACTION. Mayor Blair recognized Ray Troyer, 4012 Kerr Court, who had requested by letter that this item be placed on the agenda. Mr. Troyer expressed to the City Council his displeasure with TCI Cablevision and their lack of service or courtesy. He requested the Council continue to oversee TCI's proposed improvements and to request that their hours be extended to allow people who work days to obtain service. Discussion followed by the Council relating to the on-going problems with TCI and the Council stated they will continue to closely monitor the situation. Discussion followed whether it would be necessary for a TCI representative to attend the next Council meeting to address the on-going problems. Mayor Blair suggested a TCI representative be requested to attend the next Council Study Session meeting. Council agreed. C.8 CONSIDER ORDINANCE NO. 1928 ON FIRST READING GRANTING TEXAS UTILITIES ELECTRIC COMPANY A 25-YEAR FRANCHISE 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. 1928 would award a new twenty-five year franchise to TU Electric. Ordinance No. 1928 replaced Ordinance No. 1921 which was passed on the first reading on January 7, 1991, which awarded a franchise to TU Electric on the first reading. This. change was necessary because of amendments to the ordinance. 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 Vol. 60, Page 37 if other cities served by TU Electric receive a fee higher than 3% subject to certain conditions. 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 April 1, 1991. The Ordinance would not take effect until sixty days after the April 1st meeting which would be May 31, 1991. TU Electric, the City Attorney and City Staff agree on the provisions of this Ordinance. The full text of the Ordinance must be published for four consecutive weeks in the newspaper during the sixty day period. The Assistant City Manager and City Attorney recommend approval of Ordinance 1928 on the first reading. A motion by Councilman Phelps, a second by Councilman Binford, all voting "aye", approved the following captioned Ordinance 1928 on the first reading awarding an electrical franchise to Texas Utilities Electric Company for twenty-five (25) years. 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 Vol. 60, Page 38 TO TEXAS UTILITIES ELECTRIC COMPANY OR ITS PREDECESSOR; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. Mayor Blair stated the second reading would be April 1, 1991. D.1 CONSIDER ADOPTING RESOLUTION NO. 91-038 AWARDING THE BID FOR CONSTRUCTION OF VERONICA ROAD BRIDGE REPLACEMENT TO JESKE CONSTRUCTION COMPANY, AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Veronica Road Bridge replacement is a 1990-91 Drainage Bond Capital Improvement Project, budgeted in the amount of $300,000.00. The project was identified as a result of the 1989 and 1990 spring floods. The design cost was approximately $30,000.00, which leaves approximately $270,000.00 for construction and material testing of this project. The material testing is estimated at $4,700.00. Eleven (11) contractors picked up bid documents and six (6) presented bids on February 11, 1991. All bids met specifications. The lowest bidder was Jeske Construction Company, with a bid of $375,453.00 and contract time of 90 calendar days. The total project cost is estimated at $411,000.00 which includes design cost, the bid from Jeske Construction Company, and materials testing cost. The total cost is $111,000.00 over the project budget. Additional funds are available in the amount of $552,000.00 from the Drainage Bond Contingencies Fund and drainage projects that were completed under budget. Jeske Construction Company has provided adequate qualifications and references for similar work. Jeske Construction Company was the contractor on the Longmeade Bridge Project and the Cooks Creek Retaining Walls Project at Hollandale Lane and Fyke Road for the City of Farmers Branch. The City Engineer recommends awarding the bid for construction of Veronica Road Bridge Replacement to Jeske Construction Company, in the amount of $375,453.00. A motion was made by Councilman Moses, seconded by Mayor Pro Tem Pyle, to adopt Resolution No. 91-038 awarding the bid for construction of Veronica Road Bridge Replacement to Jeske Construction Company in the amount of $375,453.00. Vol. 60, Page 39 Mayor Blair asked City Engineer Jerry Murawski to explain why the contracts are coming in over budget. City Engineer Murawski responded that since the Middle East crisis began in August, projects have been over budget. This is due to an increase in the costs of transportation and materials costs. Mr. Murawski continued stating he had checked with Dallas County, State Highway Department and others who confirmed that since the Middle East crisis began, their costs had also increased 15-25% over estimate causing projects to be over budget. The vote on the motion to adopt Resolution No. 91-038 followed with all voting "aye", and the motion passed unanimously. D.2 CONSIDER ADOPTING RESOLUTION NO. 91-046 AUTHORIZING THE CITY STAFF TO PURCHASE ON STATE CONTRACT, ONE (1) DOWNSIZE PICKUP, ONE (1) 1/2 TON FULLSIZE PICKUP AND ONE (1) 3/4 TON FULLSIZE PICKUP IN THE AMOUNT OF $34,104.00 AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The 1990-91 Farmers Branch Budget includes $36,000.00 for the purchase of one (1) Downsize pickup, one (1) 1/2 ton Fullsize pickup and one (1) 3/4 ton Fullsize pickup. Sections 271.081 - 271.083 Local Government Code, V.T.C.A. provides the legal authority for local governments to participate in the State of Texas Purchasing Program upon passage of a Resolution. A local government making purchases of an item under a State contract satisfies any State law requiring the local government to seek competitive bids for the purchase of the item. The Parks and Recreation, Public Works, Community Services and Equipment Services Departments Recommends adopting Resolution No. 91-046 authorizing participation in the State of Texas Purchasing Program for the purchase of motor vehicles in the amount of $34,104.00. A motion by Mayor Pro Tem Pyle, second by Councilman Moses, all voting "aye", adopted Resolution No. 91-046 authorizing the City staff to purchase on State Contract, one Downsize pickup, one (1) 1/2 ton Fullsize pickup and one 3/4 ton Fullsize pickup in the amount of $34,104.00. D.3 CONSIDER ENTERING INTO A JOINT ELECTION CONTRACT WITH THE COUNTY OF DALLAS FOR THE MAY 4, 1991 ELECTION AND TAKE THE APPROPRIATE ACTION. Vol. 60, Page 40 Mayor Blair presented the following information for consideration. The Joint City-County Election contract for the May 4, 1991 election is being presented for consideration. The contract provides the same services to the city as last year's contract. The Carrollton-Farmers Branch Independent School District signed a joint contract with the County at their meeting of February 7, 1991. The City Secretary recommends the City Manager be authorized to execute a Joint City-County Election Contract. Mayor Blair stated that due to complications in the contract and the pending lottery election and state election, he suggested the item be tabled to obtain more information from Dallas County. A motion by Councilman Phelps, a second by Mayor Pro Tem Pyle, all voting "aye", agreed to table this item to obtain more information from Dallas County. D.4 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated this item is placed on the agenda for council discussion and consideration. ATTENDANCE FOR AUTHORIZED TRAVEL 1. TML Legislative Briefing and February 4, 1991. Mayor Pro Tem Pyle and City Luncheon - Austin - Manager Escalante attended. Mayor Pro Tem Pyle and City Manager Escalante gave an informative report on the trip to Austin. TRAVEL REQUEST CONSIDERATION 2. Joint Farmers Branch and Metrocrest Chamber Legislative Trip - Austin - March 26, 1991. A motion by Councilmember Davis, a second by Councilman Moses, all voting "aye", approved for the City Council and the City Manager to attend the joint Farmers Branch and Metrocrest Chamber Legislative Trip in Austin on March 26, 1991. Mayor Blair stated discussion was held in the study session on the School Finance Bill which is a pending legislative item in Austin. Carrollton-Farmers Branch School District would lose a considerable amount of funding if this bill passes as is. Mayor Blair stated that City leaders need to take a position to support and Vol. 60, Page 41 preserve our high standards that we now have in our School District. A motion by Mayor Blair, a second by Mayor Pro Tem Pyle, all voting "aye", approved for the City Council and the City Manager to go to Austin to testify on legislative matters as necessary. Council also encouraged all citizens to write their representatives to express their opinions on legislative issues. D.5 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. DISCUSSION WAS HELD ON THE ITEMS ON THE EXECUTIVE SESSION AFTER THE STUDY SESSION MEETING. 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 APPOINTING ELECTION JUDGE AND ALTERNATE ELECTION JUDGE. Discussion was held on appointment of an Election Judge and an Alternate Election Judge. 2. DISCUSS POLICE CHIEF POSITION. Discussion was held on the Police Chief position. b. DISCUSS LAND ACQUISITIONS ARTICLE 6252-17, SEC. 2 (f) Discussion of possible land acquisitions was held. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Mayor Pro Tem Pyle, a second by Councilman Moses, all voting "aye", appointed Bill Morgan as the Election Judge and Kathryn Reeves as the Alternate Election Judge for the May 4, 1991 Election. Vol. .60, pane 42 Mayor Blair stated a very detailed discussion was held regarding the appointment of Jim Fawcett as the Police Chief . E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated discussion was held regarding the City is in the process of obtaining a piece of property in this area. F.1 ADJOURNMENT. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", adjourned the City Council meeting of February 25, 1991 at 8:40 p.m. Mayor City Secretary Vol. 60, Page 43