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1991-10-07 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING OCTOBER 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 Bill Moses Bob Phelps Jeff Binford Calla Davis Ron Pyle The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Communication Director Economic Development Director Director of Community Services City Engineer Director of Finance Director of Parks & Recreation City Management Assistant Recording Secretary Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish Donna Huerta Norma Nichols Tom Scales Jerry Murawski Doug Vanderslice Jeff Fuller David Reedy Cindee Peters Mayor Blair called the City Council Meeting of October, 7, 1991 to order at 7:30 P.M.. The meeting was televised. A.1 INVOCATION. Mayor Pro Tem Moses gave the invocation. Vol. 61, Page 65 A.2 PRESENTATION OF COLORS BY CUB SCOUT TROOP #711 AND THE PLEDGE OF ALLEGIANCE TO THE FLAG. Cub Scout Troop #711 presented the colors of the flag and lead the pledge of allegiance to the flag. A.3 CONSIDER PROCLAIMING OCTOBER 7-12, 1991 AS "FIRE PREVENTION 'WEEK". Mayor Blair read the proclamation and proclaimed October 7 through October 12, 1991 as "Fire Prevention Week" in Farmers Branch. Chief King explained programs the City offers to elementary school children regarding fire safety. A.4 PRESENTATION OF PROCLAMATION PROCLAIMING OCTOBER 19 - 27, 1991 AS "RED RIBBON WEEK" Mayor Blair read the proclamation and proclaimed October 19 through October 27, 1991 as "Red Ribbon Week" in Farmers Branch. Councilman Brad Thomas of Carrollton accepted the proclamation from Mayor Dave Blair. Councilman Thomas explained that effort is needed by the communities, citizens, students and parents to help eliminate the drug problem in our cities. A.5 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a ten year employee service award to Audie Pope of the Fire Department. Mayor Blair presented a ten year employee service award to Ronnie Inman of the Fire Department. A.6 PRESENTATION OF BOARD APPLICATIONS. Karen Hunt of 3311 Pine Tree presented her application to the Mayor. Mayor Blair stated Ms. Hunt requested the Farmers Branch Hospital Authority Board or the Planning and Zoning Commission. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.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 Vol. 61, Page 66 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 Binford, all voting "aye", approved the consent agenda. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF SEPTEMBER 23, 1991. B.2 ADOPTED RESOLUTION NO. 91-134 AUTHORIZING THE EXECUTION OF AN ANNUAL AGREEMENT WITH DALLAS COUNTY FOR ROADWAY MAINTENANCE At this time Mayor Blair introduced students from the Metrocrest Leadership Program. Participants attending the Council meeting were Diane Massey of GTE Mobile Systems, Suzanne Hagan with North Town Bank, Robert McMann with the Metrocrest Chamber of Commerce and Karen Hunt with Comerica Bank-Texas. CA 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 PUBLIC HEARING: CONSIDER THE REQUEST OF RICHARD A. CALVERT FOR APPROVAL OF A SPECIFIC USE PERMIT FOR AN AUTOMOBILE PAINT AND BODY REPAIR SHOP WITH ON-SITE STORAGE AT 13922 STEMMONS FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 30 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. On July 15, 1991, the City Council granted the applicant a Specific Use Permit for an automobile paint and body repair shop at 13904 Stemmons, a half-acre lot adjacent to the south side of the present request site. Subsequently, it was determined that extension of water and sewer service to that site would be cost prohibitive. The applicant is now seeking approval of essentially the same development proposal on a comparably sized property to which utility service can be cost effectively delivered. The proposed development covers approximately one half acre and includes a one story, 4500 square foot structure with a brick facade and a brick screening wall, 6 feet tall, facing Stemmons Freeway. A wooden fence, 6 feet in height, screens the outdoor Vol. 61, Page 67 storage area on the remaining three sides behind the building face. Approximately 15 percent of the site is to be landscaped. The Planning and Zoning Commission, by unanimous vote, recommends the specific use permit request for an automobile paint and body repair shop with on-site storage at 13922 Stemmons be approved subject to the following conditions: 1. No vehicle which exhibits body damage that is clearly visible from adjacent properties or public street rights-of-way, or is in a state of disrepair, shall be parked or stored anywhere on-site other than within the screened area located behind (east of) the established building line as shown on the approved site plan. 2. All repair activities shall take place exclusively within the building. Mayor Blair opened the public hearing and recognized Mr. Dick Calvert. Mr. Calvert, architect for the project asked if these conditions were different from the conditions he saw earlier this week. Tom Scales, Director of Community Services came forward and stated the conditions were different. Mr. Scales explained that two ordinances had been prepared for City Council consideration. One ordinance contained the conditions recommended by the Planning and Zoning Commission and the other ordinance depicted the conditions of the City Council on the previously approved specific use permit at the other location. Mr. Scales stated that Ordinance No. 1964 (A) is the ordinance with conditions recommended by the City Council on the previously approved specific use permit. A motion by Mayor Pro Tem Moses, a second by Councilman Phelps, all voting "aye", closed the public hearing. A motion by Mayor Pro Tem Moses, a second by Councilman Pyle, all voting "aye", adopted the following captioned Ordinance No. 1964 (A) approving the specific use permit for an automobile paint and body repair shop: AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR AN AUTOMOBILE PAINT AND BODY REPAIR SHOP WITH ON SITE STORAGE WITHIN THE PLANNED DEVELOPMENT NO. 30 (PD-30) ZONING DISTRICT AND LOCATED AT 13922 STEMMONS FREEWAY; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF Vol. 61, Page 68 TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. C.3 CONSIDER STATUS REPORT FROM TCI CABLEVISION AND TAKE THE APPROPRIATE ACTION. Mr. Dan Murrow, with TCI gave a status report. Mr. Murrow stated TCI is making progress with the quality of service to citizens. Mr. Murrow stated additional program options will be offered in the future, technical upgrades will also take place in the future. Councilwoman Davis stated she had received no calls from any citizens and therefore felt TCI was making progress. Councilman Binford stated in the statistics report there seemed to be a seasonal pattern on the subscriber count and asked if this in deed was a seasonal pattern. Mr. Murrow stated this did not reflect a seasonal pattern. Mr. Murrow explained that a 3% disconnect each month is the national average for any cable company. Mr. Murrow felt the statistics were a consistent number. Mr. Murrow stated TCI Cable would like to see a 10% increase with a new installation package to be offered in the near future. The installation package would allow cable to be hooked up to a customer within 24 hours of the request. Councilman Binford asked if the controllable disconnects doubled in number due to the channel realignment and the recent rate increase. Mr. Murrow stated he did feel this was due to the recent realignment of the channels and the rate increase. Councilwoman Davis asked Steve Carpenter, Assistant City Manager to give an update on recent legislation concerning cable companies. Mr. Carpenter stated recent legislative bills have tried to limit the control on a local level concerning channel line up. Mr. Carpenter stated a city with 5 or less channels can control what is viewed. Mr. Carpenter stated he would bring specific bills to the next City Council meeting to allow Councilmembers to view the legislation. D.1 CONSIDER ADOPTING RESOLUTION NO. 91-085 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH A.R.S. ENGINEERS, INC. FOR DESIGN SERVICES FOR THE RECONSTRUCTION OF JOSEY LANE FROM IH635 TO NORTH OF VALLEY VIEW LANE AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The design and reconstruction of Josey Lane from IH635 to north of Valley View Lane is budgeted in Vol. 61, Page 69 the total amount of $3,750,000.00 in the 1991-92 Street Bond and DART Funds. The City of Farmers Branch has negotiated a contract with A.R.S. Engineers, Inc. for design services for this project, in an amount not to exceed $219,990.00. The design is to be completed within 350 calendar days. Design services will include roadway and drainage design, traffic signal design for five (5) intersections and design of water and sanitary sewer lines. A.R.S. Engineers, Inc. was selected as the most qualified firm for this project from twenty (20) firms which responded to a formal request for qualifications. The City Engineer recommends the adoption of Resolution No. 91-085 authorizing the execution of an agreement with A.R.S. Engineers, Inc. in an amount not to exceed $219,990.00 for design services for the reconstruction of Josey Lane from IH635 to north of Valley View Lane. Councilman Phelps asked if the stated five traffic signal intersections were existing or new ones. Jerry Murawski, City Engineer, stated the five intersections were existing traffic signals. A motion by Councilman Binford, a second by Councilman Pyle, all voting "aye", adopted Resolution #91-085 authorizing the execution of an agreement with A.R.S. Engineers, Inc. in an amount not to exceed $219,990.00 for design services for the reconstruction of Josey Lane from IH635 to north of Valley View Lane. D.2 CONSIDER ADOPTING RESOLUTION NO. 91-092 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH NPH ARCHITECTS FOR ARCHITECTURAL SERVICES RELATING TO THE EXPANSION OF THE SENIOR ADULT ACTIVITY CENTER IN AN AMOUNT NOT TO EXCEED $20,000.00. Mayor Blair presented the following information for consideration. Expansion of the Senior Adult Activity Center is included in the 1991-92 CIP Budget. Permission is requested to execute a professional services contract with NPH Architects for architectural services relating to the Senior Adult Activity Center expansion. Norm Hatfield, of NPH Architects, has performed preliminary work for this project and has done an excellent job. The estimated cost for architectural services for the expansion to the Senior Adult Activity Center is $16,500.00 plus reimbursable expenses of $3,500.00 for a total not to exceed $20,000.00. The Senior Advisory Council, Parks and Recreation Board, and the Director of the Parks Vol. 61, Page 70 and Recreation Department recommend adopting Resolution No. 91-092 authorizing the City Manager to execute a professional services contract with NPH Architects for architectural services relating to the expansion of the Senior Adult Activity Center in an amount not to exceed $20,000.00. Mayor Blair stated the expansion of the Senior Adult Activity Center would go forward because Motorola determined they would continue to utilize their facility on Belt Line Road. A motion by Mayor Pro Tem Moses, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 91-092 authorizing the execution of a professional services contract with NPH Architects for architectural services relating to the expansion of the Senior Adult Activity Center in an amount not to exceed $20,000.00. D.3 CONSIDER ADOPTING RESOLUTION NO. 91-144 AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICE AGREEMENT WITH ARTLEY OWEN GARRITSON, A CORPORATION AND DIVISION OF OWEN/GARRITSON, INC. Mayor Blair presented the following information for consideration. Artley Owen Garritson satisfactorily performed advertising services for the tourism program for the 1990-91 program year, and the hotel managers recommended in an August, 1991 meeting that the city continue utilizing their services for a second year. The contract is basically the same except for the following: 1. The 1990 addendum referencing confidentiality has been included in the text of the document. 2. The total advertising budget for last year was $225,000 and the 1991-92 budget will be $265,000 including a $40,000 increase for the Christmas program. 3. The fee will be $39,750 leaving a balance of $225,250. The staff recommends the approval of Resolution No. 91-144 authorizing execution of a Professional Service Agreement with Artley Owen Garritson a division of Owen Garritson, Inc. a Texas Corporation. A motion by Councilman Phelps, a second by Councilman Binford, all voting "aye", adopted Resolution No. 91-144 authorizing execution of an agreement with Artley Owen Garritson for an amount not to exceed $39,750.00. DA CONSIDER ADOPTING RESOLUTION NO. 91-145 AWARDING THE BID FOR HOLIDAY LIGHTING INSTALLATION, MAINTENANCE AND REMOVAL TO AMTECH LIGHTING SERVICES, INC. AND TAKE APPROPRIATE ACTION. Vol. 61, Page 71 Mayor Blair presented the following information for consideration. The Holiday Lighting Program is a portion of the City's Christmas activities to celebrate the holiday season. There is $33,000.00 available in the 1991/92 Hotel/Motel Promotion of Tourism/Christmas Activities Fund for the installation, maintenance and removal of the holiday lighting. Three bidders attended the mandatory pre-bid meeting. Two bids were received, both of which met specifications. The low bid was received from Amtech Lighting Services, Inc. in the amount of $35,902.96. Amtech Lighting Services, Inc. has specialized in commercial holiday lighting installation for the past 17 years. An additional $2,902.96 is needed to cover the contract amount. The necessary funds are available in the Unallocated Reserve of the Hotel/Motel Fund. The City Engineer recommends adopting Resolution No. 91-145 awarding the bid for the lighting installation, maintenance, and removal be awarded to Amtech Lighting Services, Inc. in the amount of $35,902.96. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", adopted Resolution No. 91-145 awarding the bid for the lighting installation, maintenance, and removal to Amtech Lighting Services, Inc. in an amount not to exceed $35,902.96. D.5 CONSIDER RESOLUTION NO. 91-148 APPROVING THE 1991-92 OPERATING AND DEBT SERVICE FUND BUDGET AND CAPITAL PROJECT FUND BUDGET OF THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The North Dallas County Water Supply Corporation was created through an interlocal agreement with the Town of Addison for the purpose of financing and constructing the Eastside Sanitary Sewer Interceptor System. The Corporate bylaws require that the Corporation's board of directors adopt an annual budget and that the City Councils of Farmers Branch and Addison approve the adopted budget. The board, which consists of three members from the City of Farmers Branch staff and three members from the Town of Addison staff, adopted the budget on September 25, 1991. Resolution No. 91-148 approves the 1991-92 operating and debt service fund budget and capital projects fund budget. The operating and debt service fund includes overhead expenditures for 1991-92 of $47,000 of which 45 % will be paid by the City of Farmers Branch. The capital budget contains expenditures of $1.1 million in 1991-92 primarily for engineering and design. Approximately 45 % of the capital budget will be paid by . the City of Farmers Branch. These expenditures will be funded primarily through assessments from a Public Improvement District that is being formed in the eastside Vol. 61, Page 72 commercial area. Staff recommends adopting Resolution No. 91-148 approving the North Dallas County Water Supply Corporation budget for 1991-92. A motion by Councilman Pyle, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 91-148 approving the North Dallas County Water Supply Corporation budget for 1991-92. D.6 CONSIDER RESOLUTION NO. 91-147 RELATIVE TO AN AGREEMENT BETWEEN THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION AND CONSOER TOWNSEND AND ASSOCIATES FOR DESIGN OF THE EASTSIDE INTERCEPTOR TUNNEL. Mayor Blair presented the following information for consideration. The North Dallas County Water Supply Corporation has been created by the City of Farmers Branch and the Town of Addison for the purpose of improving the sanitary sewer collection system that serves the eastside of Farmers Branch and part of the Town of Addison. An agreement has been negotiated between the North Dallas County Water Supply Corporation and Consoer Townsend and Associates, Inc. for the design of the largest improvement to the system which is a sanitary sewer tunnel that is to be constructed from the Trinity River Authority metering station near IH635 and IH35E to Marsh Lane near Farmers Branch Creek. The design agreement is based on hourly rates and unit prices, including reimbursables, in an amount not to exceed $964,823.00. The contract time provides 340 calendar days for the design. The 1991-92 Budget for the North Dallas County Water Supply Corporation provides $1,000,000.00 for the project design in the Capital Project Fund. This agreement will be the first significant expenditure to be considered by the Board of the Corporation and the agreement is brought before the City Council for advice and consent before the Board takes action on the agreement. The City Staff recommends adoption of Resolution No. 91-147 supporting the agreement between the North Dallas County Water Supply Corporation and Consoer Townsend and Associates, Inc. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 91-147 supporting the agreement between the North Dallas County Water Supply Corporation and Consoer Townsend and Associates, Inc. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Vol. 61, Page 73 Mayor Blair asked for reports and requests. Councilman Binford stated that several Councilmembers and City Staff attended an economic development tour in Toronto, Canada. Councilman Binford stated there were 10 teams of 2 people on each team. Councilman Binford stated each team had 4 pre- arranged appointments. Councilman Binford felt there were several viable companies interested in moving their operation to Farmers Branch. Councilman Binford felt in the future teams needed briefing on such items as immigration laws and sales tax. City Manager Richard Escalante stated he had attend an ICMA Conference in Boston. Mr. Escalante stated the main theme of the conference was privatization. Mr. Escalante stated he received some very good information on new city services in hard economic times. Mr. Escalante stated the trip to Canada resulted in several companies to be contacted on a future follow-up call. Mr. Escalante explained a previous marketing trip to Canada produced a company by the name of GEAC moving to Farmers Branch this summer. Mayor Blair explained that GEAC had a choice from three cities; Seattle, St. Louis and Farmers Branch. Mayor Blair stated how pleased the City Councilmembers were when this company chose Farmers Branch. D.8 CITIZEN PARTICIPATION. There was no one in the audience wishing to speak. MAYOR BLAIR ANNOUNCED THAT ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION. THE DISCUSSION OF THE ITEMS BEGAN AT 5:26 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 6:05 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION AT THE STUDY SESSION. THE ACTION ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION WERE RECESSED UNTIL THE 7:30 P.M. MEETING. E. la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTMENTS TO THE PARKS AND RECREATION BOARD. 2. DISCUSS NOMINATING A CANDIDATE TO SERVE ON DALLAS CENTRAL APPRAISAL DISTRICT. Discussions were held relating to the appointments in the Study Session. Vol. 61, Page 74 E. lb DISCUSS LAND ACQUISITIONS ARTICLE 6252-17, SEC. 2(f) 1. DISCUSS VICTORIAN HOUSE IN GAINESVILLE. The City Staff presented an update report on the purchase and moving the house from Gainesville in the Study Session. ACTION TAKEN BY COUNCIL AT THE 7:30 P.M. MEETING OF THE EXECUTIVE SESSION ITEMS DISCUSSED IN THE STUDY SESSION BEGINNING AT 5:26 P.M. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Phelps, a second by Councilman Pyle, with all voting "aye", reappointed Place 1, Bob Shaw; and Place 3, Roy Morales to serve a two year term; and, Place 5, Josh Lewis to serve a one year term on the Parks and Recreation Board. A motion by Mayor Pro Tem Moses, a second by Councilwoman Davis, adopted Resolution 91-150 nominating Thomas Landrum to serve as a member of the Board of Directors of the Dallas Central Appraisal District. C E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced that the City Staff presented a status report on the possible purchase and moving of the Victorian house that is located in Gainesville. F.1 ADJOURNMENT. A motion by Councilman Binford, a second by Councilwoman Davis, all voting "aye" adjourned the City Council meeting of October 7, 1991, at 8:44 P.M. Mayor /7 City Secretary Vol. 61, Page 75