1991-05-20 CC MinutesCITY OF FARMERS BRANCH
CITY COUNCIL
REGULAR MEETING
MAY 20, 1991
COUNCIL CHAMBER
CITY HALL
7:30 P.M.
The following members of the City Council were present:
Mayor Dave Blair
Mayor Pro Tern Bill Moses
Councilmembers Bob Phelps
Jeff Binford
Calla Davis
Ron Pyle
The following members of the City Administration were present:
City Manager Richard L. Escalante
Assistant City Manager Steve Carpenter
Assistant City Manager John Burke
City Attorney John Boyle
City Secretary Ruth Ann Parish
Communication Director Donna Huerta
Economic Development Director Norma Nichols
Director of Community Services Tom Scales
City Engineer Jerry Murawski
Director of Finance Doug Vanderslice
Fire Chief Kyle King
Director of Parks & Recreation Jeff Fuller
Police Chief Jimmy Fawcett
Director of Public Works Mark Pavageaux
City Management Assistant David Reedy
Traffic Engineer Dave Davis
Recording Secretary Cindee Peters
Mayor Blair called the City Council Meeting of May, 20, 1991 to order at 7:30 P.M..
The meeting was televised.
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A.1 INVOCATION.
Mayor Pro Tem Moses gave the invocation and led the
pledge of allegiance to the flag.
MAYOR'S ANNOUNCEMENT
Mayor Blair thanked all City employees involved with the Folklore Festival and the
effort put on by all employees including the Public Works Department employees, Fire
Department employees and the Parks Department employees. Mayor Blair stated what
a wonderful job they had done preparing the grounds for the Dallas Symphony Orchestra
after the rain. Mayor Blair stated the performance came off without any problems.
A.2 PRESENTATION OF SERVICE AWARD.
Mayor Blair presented a ten year employee service award to Dale Gray of the Fire
Department.
A.3 PRESENTATION OF BOARD APPLICATIONS.
There were no applications presented.
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. Moses, a second by Councilman Phelps, all voting "aye",
removed item B.5 from the Consent Items and placed it on the regular agenda as item
C.2a.
A motion by Mayor Pro Tern Moses, a second by Councilman Binford, all voting "aye
approved the following Consent Agenda items.
B.1 APPROVED MINUTES OF COUNCIL MEETINGS APRIL 15, 1991 AND
MAY 6, 1991.
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B.2 APPROVED METROCREST HOSPITAL AUTHORITY FOR REPLAT
APPROVAL OF RHD MEDICAL CENTER.
B.3 ADOPTED RESOLUTION NO. 91-079 AWARDING A BID TO OVERHEAD
DOOR COMMERCIAL FOR REPLACEMENT OF OVERHEAD DOORS AT
FIRE STATION #1 IN THE AMOUNT OF $7,255.00.
B.4 ADOPTED RESOLUTION NO. 91-080 AWARDING A BID FOR THE
PURCHASE OF A COPIER TO COPY-CO IN THE AMOUNT OF $6,389.00.
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 DISCUSS CITY COUNCIL MEETING DATES FOR MONTHS OF JUNE AND
JULY AND TAKE THE APPROPRIATE ACTION.
Mayor Blair presented the following information for consideration. This item has
been placed on the agenda at the request of Councilman Binford.
1
Councilman Binford stated he would have a problem attending the June 3, 1991, City
Council meeting.
After some discussion of having only one meeting in June, Councilman Binford made a
motion to set the date of June 17 as the only meeting date in June. Councilman Pyle
seconded the motion. Mayor Blair asked to amend the motion to add that the public
hearing date for the proposed building maintenance code will be July 1. Councilman
Binford and Councilman Pyle accepted the addition to the motion. The motion carried
with all voting "aye".
C.2a CONSIDER ADOPTING ORDINANCE NO. 1940 PROVIDING FOR THE ISSUANCE
AND SALE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 1991, IN
THE AGGREGATE PRINCIPAL AMOUNT OF $15,590,000, ENACTING OTHER
PROVISIONS RELATING THERETO, AND RATIFYING ALL PREVIOUS ACTION
OF THE CITY COUNCIL WITH RESPECT THERETO AND TAKE THE
APPROPRIATE ACTION.
Mayor Blair presented the following information for consideration. On May 6, 1991 the
City Council approved Ordinance No. 1938 providing for the issuance and sale of
General Obligation Refunding Bonds. Because the agenda for the May 6, 1991 meeting
was not posted within 72 hours of the meeting, the ordinance was declared an emergency
and ratification of the ordinance is necessary.
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Ordinance No. 1940 is identical to Ordinance No. 1938, which was approved on May
6, 1991, in all respects except that it contains an additional section (section 12.01) which
contains language to ratify all actions taken by Council with respect to the sale of these
refunding bonds.
City staff recommends the adoption of Ordinance No. 1940.
Mayor Blair made a motion to adopt Ordinance No. 1940, a second by Mayor Pro Tem.
Moses, with Councilman Phelps, Councilman Binford, and Mayor Pro Tem Moses voting
"aye" and Councilmember Davis and Councilman Pyle voting "nay". The motion passed
by a 3 to 2 vote. The following captioned Ordinance No. 1940 was adopted.
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF CITY
OF FARMERS BRANCH, TEXAS, GENERAL OBLIGATION REFUNDING
BONDS, SERIES 1991, IN THE AGGREGATE PRINCIPAL AMOUNT OF
$15,590,000; LEVYING A TAX IN PAYMENT THEREFOR; CALLING FOR
REDEMPTION PRIOR TO MATURITY CERTAIN OUTSTANDING BONDS
OF THE CITY; ENACTING OTHER PROVISIONS RELATING THERETO;
AND RATIFYING ALL PREVIOUS ACTION OF THE CITY COUNCIL WITH
RESPECT THERETO.
D.1 CONSIDER ORDINANCE NO. 1939 AUTHORIZING THE TRANSFER OF
ANIMALS FROM THE CITY ANIMAL SHELTER TO OTHER HUMANE ANIMAL
SHELTERS AND TAKE APPROPRIATE ACTION.
Mayor Blair presented the following information for consideration. The City has
received a request from Ms. Gloria Meyer to allow the transfer of selected unadopted
animals from the City Animal Shelter to other humane shelters where there may be a
greater opportunity for adoption. Ms. Meyer will select and transport the animals to
designated humane shelters. Current ordinances do not allow such a transfer.
An amendment, Ordinance No. 1939, to the Code of Ordinances has been
prepared which will allow the transfer of animals from the City Shelter to another
official shelter or organization for the humane treatment of animals. The
amendment waves all fees and proof of vaccination for transported animals.
The City Staff recommends that Ordinance No. 1939 be adopted.
Councilmember Davis stated about 4 years ago the Adopt A Pet program was adopted
and this was another step to protect our animals.
A motion by Councilmember Davis, a second by Councilman Phelps, all voting "aye",
adopted the following captioned Ordinance No. 1939.
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AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS,
AMENDING THE CODE OF ORDINANCES AS HERETOFORE AMENDED
BY AMENDING CHAPTER 6, "ANIMALS AND FOWL" BY INSERTING A
PHRASE INTO SECTION 6-8, BY PROVIDING A SAVINGS CLAUSE, AND
DECLARING AN EMERGENCY.
D.2 CONSIDER ADOPTING RESOLUTION NO. 91-077 AWARDING THE BID FOR
DRAINAGE IMPROVEMENTS AT BRANDYWINE DRIVE, WICKER AVENUE
AT BEE STREET, FRUITLAND AVENUE AND BROOKHAVEN CLUB DRIVE
AT TANGLEWOOD DRIVE TO TRI-CON SERVICES, INC., AND TAKE
APPROPRIATE ACTION.
Mayor Blair presented the following information for consideration. The Drainage
Improvements at Brandywine Drive, Wicker Avenue at Bee Street, Fruitland Drive, and
Brookhaven Club Drive at Tanglewood are budgeted in the amount of $308,500.00 in
the Mid-Year 1990-91 Drainage Bond Fund. Previous expenditures charged to budgeted
amounts include design and soil investigations, which leaves $301,199.00 available for
construction and materials testing.
Six (6) bids were received and opened on April 22, 1991. The low bid was submitted
by Tri-Con Services, Inc., in an amount of $281,699.00, with 150 calendar days allowed
for completion. The cost for geotechnical and materials testing is estimated to be
$4,530.00.
Tri-Con Services, Inc., has done work for the City previously and has provided
acceptable qualifications and references.
The City Engineer recommends adopting Resolution No. 91-077 awarding the Drainage
improvements at Brandywine Drive, Wicker Avenue at Bee Street, Fruitland Avenue and
Brookhaven Club Drive at Tanglewood Drive to Tri-Con Services, Inc., in the amount
of $281,699.00.
A motion by Councilman Phelps, a second by Councilman Binford, all voting "aye",
adopted Resolution No. 91-077 awarding a bid for drainage improvements at Brandywine
Drive, Wicker Avenue at Bee Street, Fruitland Avenue and Brookhaven Club Drive at
Tanglewood Drive to Tri-Con Services, Inc., in the amount of $281,699.00.
D.3 CONSIDER ADOPTING RESOLUTION NO. 91-078 AWARDING THE BID ON
OAKBROOK EROSION CONTROL TO KNIGHT EROSION CONTROL, INC.,
AND TAKE APPROPRIATE ACTION.
Mayor Blair presented the following information for consideration. Oakbrook Erosion
Control Improvement is a 1990-91 Drainage Bond Capital Improvement Project budgeted
in an amount of $100,000.00. The improvements consist of stacked bagged concrete for
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slope protection and energy dissipaters downstream of the Gardenbrook culvert. The
design cost was $4,400.00 leaving a balance of $95,600.00 for construction and materials
testing.
Five (5) bids were received and opened on April 19, 1991. The low bidder was Dale
Shaw Construction Company, Inc., with a bid of $61,130.00. After an in-depth
investigation, the Engineering Department did not find the low bidder to be qualified for
this project.
The second low bidder was Knight Erosion Control, Inc., with a bid of $66,086.50.
Knight Erosion Control, Inc., has provided acceptable qualifications and references.
The City Engineer recommends that the bid on Oakbrook Erosion Control be awarded
to the second low bidder, Knight Erosion Control, Inc., for $66,086.50 by adoption of
Resolution No. 91-078.
City Attorney John Boyle requested that for the record, City Engineer Jerry Murawski
come forward and explain why the low bidder was not recommended for the bid.
City Engineer Jerry Murawski explained that after checking qualifications and references
of Dale Shaw Construction Company, Inc., the City found that their work on this
particular type concrete did not meet specifications. Mr. Murawski stated that Dale
Shaw Construction Company, Inc. was duly and timely notified of the City's
recommendation and Dale Shaw Construction Co. Inc., would be given the opportunity
to present its view of being the lowest bidder at this meeting.
No one was present from Dale Shaw Construction Company, Inc.
A motion by Councilman Binford, a second by Mayor Pro Tem Moses, all voting "aye",
awarded the bid for Oakbrook erosion control to Knight Erosion Control, Inc. in the
amount of $66,086.50.
DA CONSIDER ADOPTING RESOLUTION NO. 91-081 AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH APPLIED EARTH SCIENCES,
INC., FOR ENVIRONMENTAL SERVICES AT THE SENLAC SERVICE CENTER
IN AN AMOUNT NOT TO EXCEED $23,545.
Mayor Blair presented the following information for consideration. The continuation of
environmental consulting services are required at the Senlac Service Center. The
environmental services that are required include monthly monitoring of monitor wells,
quarterly sampling of monitor wells, interim recovery, and the development of a remedial
action plan. These services relate to Texas Water Commission regulations pertaining to
underground storage tanks.
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The environmental consulting firm of Applied Earth Sciences, Inc. has submitted a
proposal to perform these services. The cost of the consultants services is based on time
and materials in an amount not to exceed $23,545.
Funds for these services are included in the 1990/91 Non-Bond Capital Improvement
Program budget in the amount of $130,000.
City staff recommends Resolution No. 91-081 be adopted authorizing the City Manager
to enter into a contract with Applied Earth Sciences, Inc. for environmental services at
the Senlac Service Center in an amount not to exceed $23,545.
Councilmember Davis excused herself from voting on this item. She stated that
Earth Sciences, Inc., was a tenant of hers.
City Attorney John Boyle stated this was not a legal disqualification for
Councilmember Davis not to vote. Mr. Boyle stated that Councilmember Davis
could excuse herself if she felt it necessary, but did not have too.
A motion by Councilman Phelps, a second by Mayor Pro Tem Moses, with Councilman
Phelps, Councilman Binford, Councilman Pyle and Mayor Pro Tem voting "aye",
awarded the bid to Earth Sciences, Inc., in the amount not to exceed $23,545.
Councilmember Davis abstained from voting.
D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE
APPROPRIATE ACTION.
Mayor Blair asked for reports and requests. No reports or requests were presented.
D.6 CITIZEN PARTICIPATION.
There was no one in the audience wishing to speak.
AT 8:18 P.M. MAYOR BLAIR ANNOUNCED THAT THE COUNCIL WOULD
RECONVENE TO THE CONFERENCE ROOM TO CONTINUE THE STUDY
SESSION AND HOLD AN EXECUTIVE SESSION. AFTER THE EXECUTIVE
SESSION THE COUNCIL WILL RECONVENE INTO OPEN SESSION AS
PROVIDED UNDER ARTICLE 6252-17, OF VERNONS STATE STATUES.
Study Session Item A. Legislation was discussed.
Executive Session held at 8:40 p.m.
E. la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g)
1. DISCUSS MUNICIPAL COURT JUDGE POSITION.
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2. DISCUSS APPOINTMENTS TO THE PLANNING AND ZONING
COMMISSION.
3. DISCUSS APPOINTMENTS TO THE LIBRARY BOARD.
4. DISCUSS APPOINTMENT TO THE VALWOOD IMPROVEMENT
AUTHORITY.
City Manager Richard Escalante held a discussion with the City Council relative
to the Judge of the Municipal Court position.
Mayor Blair stated that appointments to the various boards mentioned will be
considered at the next meeting.
The meeting reconvened into General Session at 8:58 p.m.
E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS
DISCUSSED IN THE EXECUTIVE SESSION.
Mayor Blair announced that the Staff presented a report on the Judge and Alternate Judge
positions and will report back to the Council.
Mayor Blair stated that appointments to the Planning and Zoning Commission, the
Library Board and the Valwood Improvement Authority Board of Directors will be
discussed at the next meeting.
Mayor Blair stated that John Walsh resigned from the Valwood Improvement Authority
Board of Directors.
A motion by Mayor Pro Tem. Moses, a second by Councilman Phelps, all voting "aye",
accepted the resignation of John Walsh from the Valwood Improvement Authority Board
of Directors.
F.1 ADJOURNMENT.
A motion by Councilman Pyle, a second by Councilwoman Davis, all voting "aye",
adjourned the City Council meeting of May 20, 1991, at 9:00 P.M.
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Mayor
City Secretary
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