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1991-03-04 CC MinutesThe following members of the City Council were present: CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING MARCH 4, 1991 COUNCIL CHAMBER CITY HALL 7:30 P.M. Mayor Mayor Pro Temp 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 Director of Community Services City Engineer Director of Finance Director of Parks & Recreation Police Chief Director of Public Works Director of Personnel Recording Secretary Richard L. Escalante- Steve Carpenter John Burke Roger Beecham Ruth Ann Parish David Reedy Donna Huerta Tom Scales Jerry Murawski Doug Vanderslice Jeff Fuller Jimmy Fawcett Mark Pavageaux Judy Conley Brenda Anderson Mayor Blair called the City Council Meeting of March 4, 1991 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 RECOGNIZED BILL KING AND BILLY WILSON, REPRESENTATIVES OF THE JAMES A. SMITH MASONIC LODGE #395. MAYOR BLAIR READ A PROCLAMATION AND PROCLAIMED MARCH 10, 1991 AS MASONIC AWARENESS DAY. MR. KING AND MR. WILSON Vol. 60, Page 44 INVITED ALL TO ATTEND THE MASONIC AWARENESS OPEN HOUSE ON MARCH 10 FROM 2:00 - 4:00 P.M. MAYOR BLAIR READ A LETTER FROM GARY MORROW OF THE TEXAS VETERANS LAND BOARD WHICH STATED DUE TO THE OVERWHELMING RESPONSE, THERE WAS TO BE ANOTHER FREE SEMINAR ON LAND AND HOUSING PROGRAMS FOR VETERANS AT 7:30 P.M. ON MARCH 26 IN THE INFOMART AUDITORIUM. MAYOR BLAIR ANNOUNCED THAT MARCH 1, 1991 WAS THE 30TH ANNIVERSARY OF WHEN JOHN F. KENNEDY SIGNED THE EXECUTIVE ORDER ESTABLISHING THE PEACE CORPS. HE CONTINUED STATING THERE IS AN INTENSE REJUVENATION OF THE PEACE CORPS AND THE PEACE CORPS WILL BE SERVING IN 74 COUNTRIES BY THE END OF 1991. A.2 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a 20 year employee service award to Captain Buck Criner of the Fire Department. Mayor Blair presented a 20 year employee service award to Deputy Chief Jerry Turner of the Fire Department. Jim Blair of the Fire Department was unable to attend the meeting to receive his 5 year award at this time. Mayor Blair presented a 5 year employee service award to Stephen Abraham of the Community Services Department. A.3 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 Pyle, a second by Councilman Moses, all voting "aye", approved adding agenda item D.5 to the Consent Agenda. Vol. 60, Page 45 A motion by Mayor Pro Tem Pyle, a second by Councilman Moses, all voting "aye", approved the following consent Agenda items with the addition of D.5. B.1 APPROVED MINUTES OF COUNCIL MEETING OF FEBRUARY 25, 1991, AS AMENDED. B.2 APPROVED A REQUEST BY KIMBERLY WHITT, ON BEHALF OF THE BOY SCOUTS TO ALLOW A GARAGE SALE ON APRIL 20, 1991 FROM 9:00 A.M. TO 6:00 P.M. (RAIN DATE OF APRIL 27) AT THE NORTHWEST CORNER OF JOSEY LANE AND VALLEY VIEW LANE. D.5 AUTHORIZED THE CITY MANAGER TO EXECUTE A JOINT CITY-COUNTY ELECTION CONTRACT WITH THE COUNTY OF DALLAS FOR THE MAY 4, 1991 ELECTION. 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. D.1 CONSIDER ADOPTING RESOLUTION NO. 91-034 DETERMINING THE NECESSITY OF ACQUIRING EASEMENTS FROM THE PROPERTY LOCATED AT 14330 MIDWAY ROAD AND AUTHORIZING THE USE OF CONDEMNATION AND/OR APPROPRIATION FOR ACQUIRING EASEMENTS IN CONNECTION WITH A PROPOSED WATER MAIN PROJECT AND TAKE APPROPRIATE ACTION. 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 $362,000.00. Additionally, the construction of a 16-inch water main between Midway Road and Inwood Road is a Water Bond Capital Improvements Project funded in the amount of $500,000.00. In January of 1986, the city of Farmers Branch began contacting property owners to negotiate for dedications of easements to contain the proposed water main. Forest Central Properties, the owner of the property located at 14330 Midway Road, was contacted and asked to donate a utility easement and two temporary construction easements to facilitate the construction of the water main. The owner indicated an unwillingness to dedicate the easements, and requested compensation for the land rights. The City extended an offer to purchase the property based on a professional appraisal. The property owner has requested a substantially larger amount of compensation than the Vol. 60, Page 46 0 appraised value. Condemnation proceedings are necessary in order to acquire the easements. The City Engineer and the City Attorney recommends adopting Resolution No. 91-034 determining the necessity of acquiring easements and authorizing the use of condemnation and/or appropriation for acquiring easements in connection with a proposed water main project. Mayor Blair recognized City Engineer Jerry Murawski who explained that all measures had been exhausted in trying to secure the easement property needed, but to no avail. He further stated all the work to be performed on the easement to be acquired is underground. A motion By Mayor Pro Tem Pyle, a second by Councilman Binford, all voting "aye", adopted Resolution No. 91-034 determining the necessity of acquiring easements from the property located at 14330 Midway Road and authorizing the use of condemnation and/or appropriation for acquiring easements in connection with a proposed water main project. 1 D.2 CONSIDER ADOPTING RESOLUTION NO. 91-035 DETERMINING THE NECESSITY OF ACQUIRING AN EASEMENT AND FEE SIMPLE TITLE FROM THE PROPERTY LOCATED AT 14325 PROTON ROAD AND 14337 GILLIS ROAD RESPECTIVELY AND AUTHORIZING THE USE OF CONDEMNATION AND/OR APPROPRIATION TO BE USED IN CONNECTION WITH A PROPOSED WATER MAIN PROJECT AND ELEVATED WATER STORAGE FACILITY AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The construction of a 16-inch water main between Midway Road and Inwood Road is a Water Bond Capital Improvements Project funded in the amount of $500,000.00. The construction of an eastside, elevated water storage facility is also a Water Bond Capital Improvements Project funded in the amount of $2,500,000.00. L During the summer of 1986, the City of Farmers Branch contacted Trust Company of Texas, the owner of the property located at 14352 Proton Road and 14337 Gillis Road, and requested that they donate the land necessary to facilitate the construction of a proposed water main and elevated water storage facility. The property owner has requested twice the appraised value. Condemnation proceedings are necessary in order to acquire the property. The City Engineer and the City Attorney recommend adopting Resolution No. 91-035 determining the Vol. 60, Page 47 necessity of acquiring a temporary construction easement to facilitate the construction of a water main and a tract of land to accommodate an elevated water storage facility, and authorizing the use of condemnation and/or appropriation for acquiring said temporary easement and tract of land. A motion by Councilman Phelps, a second by Councilmember Davis, all voting "aye", adopted Resolution No. 91-035 determining the necessity of acquiring a temporary easement and a tract of land from the property located at 14325 Proton Road and 14337 Gillis Road respectively and authorizing the use of condemnation and/or appropriation for acquiring said temporary easement and tract of land in connection with a proposed water main project and elevated water storage facility. D.3 CONSIDER ADOPTING RESOLUTION NO. 91-049 APPROVING A SUPPLEMENTAL CITY/COUNTY AGREEMENT FOR FUNDING VALLEY VIEW LANE IMPROVEMENTS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The 1985 Dallas County Bond Program provided for constructing Valley View Lane as a four lane divided street with a storm sewer system from the Burlington Northern Railroad west to the Elm Fork of the Trinity River. A City/County agreement executed in 1987 prescribes the parameters in which the County would construct the project within the City. Dallas County has informed the City that the total project cost is estimated to be $4,125,939.96 based on actual construction bids received on January 24, 1991. Redesign of the 16" waterline will reduce the cost by $125,000.00 and reduce the estimated project cost to $4,000,939.96. Dallas County project. Va: June, 1989 to project. The project from allocation. $4,001,000.00. will provide $2,636,000.00 toward the Lwood Improvement Authority committed in provide $200,000.00 to the City for the City has budgeted $1,165,000.00 for the its DART Local Assistance Program Funding from all agencies total A supplemental City/County Agreement for the City's funding in the amount of $1,365,000.00 (which includes the Valwood Improvement Authority's commitment) is needed to enable the County to award a construction contract. The City Engineer recommends entering into a Supplemental City/County Agreement, obligating the City Vol. 60, Paqe 48 to provide funding in the amount of $1,365,000.00 for the Valley View Lane Improvements. A motion by Councilmember Davis, a second by Councilman Moses, all voting "aye", adopted Resolution No. 91-049 authorizing the City Manager to execute a Supplemental City/County Agreement obligating the City to provide funding in the amount of $1,365,000.00 for the Valley View Lane Improvements. D.4 CONSIDER REQUEST TO DISCUSS REPLACEMENT OF STREET LIGHT FIXTURES AT MUSTANG TRAILS PARK. Mayor Blair stated this item has been placed on the agenda at the request of Martin J. Giehrl, 3404 Bevann Drive. Mr. Giehrl stated it was his understanding that plans are underway to replace the ornate street lamp fixtures at Mustang Trails Park with standard street lights. Mr. Giehrl requested that this decision be reconsidered. He further explained that he felt to replace the street light fixtures at Mustang Trails Park would be removing a landmark. He continued stating the street light fixtures set the Mustang Trails Park apart from the rest of Valley View Lane and represent a landmark to be passed on to our posterity. Mr. Gierhl stated he understood that was due to high maintenance and recommended that the first standard basic street light since out of replaced due to motorist accidents, had been replaced three times. part of the reason repair costs. He be replaced with a the four standards that same standard Discussion followed with the Council and Parks and Recreation Director Jeff Fuller regarding availability and cost of replacement poles and parts, replacement of the aluminum wiring, contracting with TU for electrical service in the future, and the historical importance of the light fixtures to the park. A motion was made by Councilmember Davis to table this item and ask City Staff to contact TU Electric to see if there is a feasible way to rewire the poles with compatible wiring in order to allow the option of TU Electric taking over maintenance responsibility in the future. Mayor Blair stated it was not necessary to table the item since it was only on the agenda for discussion. Vol. 60, Page 49 Councilmember Davis then amended her motion to direct City Staff to investigate the possibilities of rewiring the existing poles with compatible wiring in order to allow the option of TU Electric taking over maintenance responsibility in the future. Mayor Blair suggested adding to the motion to investigate availability of spare pole and spare parts. Councilmember Davis agreed to the addition, councilman Phelps seconded the motion, all voting "aye", the motion passed unanimously. D.5 Consent Item D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated there were no Council Travel Reports. City Manager Escalante requested to travel to a Community Oriented Policing Workshop to be held in April. A motion by Councilmember Davis, a second by Councilman Moses, all voting "aye", approved travel for City Manager to the Community Oriented Policing Workshop on April 29-30, 1991 in Santa Ana, California. Mayor Blair requested travel approval to Markham, Canada, the latest member of the Sister City Program based on Economic Development program, for the official opening of their new city hall. A motion by Mayor Pro Tem Pyle, a second by Councilman Moses, all voting "aye", approved travel for Mayor, City Manager and any interested Councilmembers to attend the official opening of the Markham City Hall in Canada to depart Thursday, May 25 and return, Sunday, May 28, 1991. D.7 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 IN THE STUDY SESSION ROOM FOR THE CONTINUATION OF THE STUDY SESSION AGENDA CONCERNING STORMWATER REGULATIONS AND ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION IN THE STUDY SESSION ROOM 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, Vol. 60, Page 50 LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. STUDY SESSION ITEM NO. 8.-DISCUSS FEDERAL STORM WATER REGULATIONS AND THE EFFECT OF THESE REGULATIONS UPON FARMERS BRANCH. Tom McDougald, Environmental Health Officer, discussed with the Council the city's responsibilities regarding Federal storm water regulations as adopted by the Environmental Protection Agency . MAYOR BLAIR ANNOUNCED THAT AT THIS TIME THE COUNCIL AND STAFF WOULD CONVENE INTO EXECUTIVE SESSION AND WOULD RECONVENE INTO REGULAR SESSION AFTER THE ITEMS HAD BEEN DISCUSSED IN THE EXECUTIVE SESSION. E.la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS WORKER'S COMPENSATION. A discussion was held with the Council by the Staff relating to Worker's Compensation. E.lb DISCUSS LAND ACQUISITIONS - ARTICLE 6252-17, SEC. 2(f) 1. DISCUSS POSSIBLE LAND ACQUISITIONS. A discussion was held with the Council by the Staff relating to possible land acquisitions. THE MEETING RECONVENED INTO GENERAL SESSION. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced that no action was necessary for items discussed in the Executive Session relating to Worker's Compensation. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced that the proper papers had been executed and filed for the purchase of the property at 12705 Bee Street, formally owned by Triangle Supply. Mayor Blair reported that the City would honor the remaining lease of the present tenants. F.1 ADJOURNMENT. A motion by Councilmember Davis, a second by Councilman Phelps, all voting "aye", adjourned the City Council meeting of March 4, 1991, at 9:29 p.m. Vol. 60, Page 51 I U"., Mayor r City Secretary 1 Vol. 60, Page 52