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1991-10-21 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING OCTOBER 21, 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 Ron Pyle The following member of the City Council was absent: Councilmember Calla Davis 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 Planning Michael Spicer City Engineer Jerry Murawski Director of Finance Doug Vanderslice 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 October, 21, 1991 to order at 7:30 P.M.. The meeting was televised. Vol. 61, Page 76 A.1 INVOCATION. Mayor Pro Tem Moses gave the invocation and led the pledge of allegiance to the flag. MAYOR'S ANNOUNCEMENT Mayor Blair announced that Agenda Item A.3 would be moved after Agenda Item A.6. Mayor Blair stated the Red Ribbon Softball Tournament was held this past Saturday at Oran Good Park. Mayor Blair explained the tournament was run by city employees volunteering their time and then recognized these employees. Mayor Blair stated the tournament was sponsored by the Farmers Branch employees particularly the Police Department. Police Chief Jimmy Fawcett explained this was the way 300 plus kids took a stand against drugs in Farmers Branch. Councilman Phelps stated all the children enjoyed the tournament along with their t- shirts, goodie bags and the hot dogs. A.2 ANNOUNCEMENT BY MAYOR: COUNCIL SUPPORTS DALLAS COUNTY BOND ELECTION TO BE HELD NOVEMBER 5, 1991. Mayor Blair presented the following information for consideration. The City Council on September 23, 1991 adopted Resolution No. 91-139 supporting the passage of the Dallas County Bond Program on the ballot of the November 5, 1991 election. The Bond Program will provide $175 million in funding for transportation projects throughout Dallas County. The Bond Program will provide over $5.2 million to Farmers Branch for the improvement of Midway Road, Alpha Road, Denton and Rossford Drives. The program also includes Incident Detection and Response funding which will reduce congestion on City thoroughfares due to major freeway accidents. The program also includes assistance in obtaining right-of-way for future construction of State Highway 161/190 in western Farmers Branch. Mayor Blair recognized Mr. John Eric Simmons. Mr. Simmons came forward and explained the parks and open space proposition of the bond program. Mr. Simmons stated that the parks and open space plan included a site in Farmers Branch near Keenan Bridge Road east of the Trinity River. Mr. Simmons handed out 3 copies of the Parks and Open Space Plan book. Mr. Simmons stated on the November 5, 1991 ballot this item is Proposition #4 on the County Bond Program. Mayor Blair urged all citizens of Farmers Branch to support the bond election by voting on November 5, 1991. Vol. 61, Page 77 A.3 CONSIDER PROCLAIMING MONDAY, OCTOBER 21, AS GARBSEN, GERMANY DAY IN FARMERS BRANCH, TEXAS. Mayor Blair stated this item would be moved after item A.6. A.4 CONSIDER ACCEPTANCE OF A LASER SPEED DETECTOR BY GEICO INSURANCE COMPANY TO THE POLICE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Geico Insurance Company, 4201 Spring Valley, has donated a LTl 20-20 Laser Speed Detector to the Police Department. This contribution represents their continued support of the Police Department. Lee Ann Dearen and Maurice Lee from Geico and Doug Ramey from Laser Technology are present to make the presentation of this radar unit to the Police Department. The Laser Speed Detection System gives an instantaneous reading, renders radar detectors 100 % ineffective and gives positive vehicle identification. This unit has proven to be maintenance free. It has an approximate value of $1,800.00. The Chief of Police recommends accepting the Laser Speed Detector from Geico Insurance Company. Mr. Maurice Lee presented Mayor Blair with the new laser speed detection system. Mr. Lee explained that several states have banned radar detectors and urged Texas to take a stand. Mr. Lee stated that was the second type laser system to be presented in Texas. A motion by Councilman Phelps, a second by Councilman Binford, all voting "aye" accepted the donation of the Laser Speed Detector from Geico Insurance Company. A.5 CONSIDER ACCEPTANCE OF DONATION OF KIMBALL UPRIGHT PIANO TO THE LIBRARY AND TAKE THE APPROPRIATE ACTION. Mayor Dave Blair presented the following information for consideration. Mrs. Ruth Hinckley, Mrs. Dottie Hinckley and Mr. Bill Hinckley have donated a Kimball upright piano to the Farmers Branch Manske Library through the Friends of the Library. The piano will be used for various programs, including children's special events. The Hinckleys live in Farmers Branch and have been avid supporters of the Library. A small plaque has been placed on the piano recognizing the donation from the family. The Library Director recommends acceptance of the donation of the piano. Mayor Blair presented a certificate of appreciation to Mrs. Ruth Hinckley for her support of the Farmers Branch Manske Library. Vol. 61, Page 78 A motion by Councilman Binford, a second by Mayor Pro Tem Moses, all voting "aye", accepted the donation of a Kimball piano to the Manske Library from the Hinckley family. A.6 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a ten year employee service award to Pat Hannon of the Police Department. Mayor Blair presented a five year employee service award to Johnny Delgado of the Police Department. A.3 CONSIDER PROCLAIMING MONDAY, OCTOBER 21, AS GARBSEN, GERMANY DAY IN FARMERS BRANCH, TEXAS. Mayor Blair presented the following information for consideration. On October 11, 1991, 26 students and two chaperons from Garbsen, Germany, arrived in Farmers Branch for a 25 day visit. This visit was coordinated by the Carrollton/Farmers Branch Independent School District. The students are staying with host families and are attending classes at Newman Smith High School and R.L. Turner High School. There are numerous activities scheduled for the visitors and they will be visiting other cities in the State. Tonight the students will become honorary citizens of Farmers Branch. State Representative Dieter Wallraff of Lower Saxony, Germany, was made an honorary citizen by Mayor Dave Blair on October 18, 1991. Mayor Blair proclaimed October 21, as Garbsen Germany Day and presented the proclamation to the Roggenkamp's. Dieter Roggenkamp presented the seal of the City of Garbsen to Mayor Blair. Mayor Blair presented certificate of honorary citizenship to each of the following students: 1. Stefan Korte 2. Bastian Stahlke 3. Julia Walther 4. Inger Katharina Schaer 5. Jasmin Motefindt 6. Svenja Heger 7. Welf Grotthordt 8. Bodo Palte 16. Andreas Schwob 17. Jan Roggenkamp 18. Daniela Dierking 19. Andrea Urban 20. Tanja Mikitta 21. Inga Hoyer 22. Frank Dierking 23. Yasmin Gotthardt Vol. 61, Page 79 9. Knut Korber 10. Thomas Jathe 11. Holger Jens Wittrock 12. Kai Braess 13. Lars Umbach 14. Tovsten Dehne 15. Tobias Forbose 24. Michaela Weber 25. Christina Petra Schultz 26. Stephanie Miethe 27. Lena Thulke 28. Klaus Roggenkamp Chaperons: Dieter and Gudrum Roggenkamp Mayor Blair recessed the City Council meeting for fifteen minutes to take pictures of the host families with the students. A.7 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. B.1 - B.3. 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. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF OCTOBER 7, 1991. B.2 AUTHORIZED THE EXECUTION OF AGREEMENTS WITH THE FOLLOWING ORGANIZATIONS FOR FUNDING AS PROVIDED IN THE 1990-1991 BUDGET. 1. BROOKHAVEN COMMUNITY COLLEGE 2. OFFICE ON AGING 3. NORTHWEST FAMILY OUTREACH 4. METROCREST SERVICE CENTER 5. NORTH TEXAS FILM COMMISSION 6. FARMERS BRANCH CHAMBER OF COMMERCE 7. METROCREST YOUTH AND FAMILY SERVICES B.3 ADOPTED RESOLUTION NO. 91-149 ACCEPTING A WATER FACILITY EASEMENT TO FACILITATE THE CONSTRUCTION OF A FENCE AT THE CITY'S TEMPLETON PUMP STATION PROPERTY ON VALLEY VIEW LANE. Vol. 61, Page 80 D.3 ADOPTED RESOLUTION NO. 91-151 REJECTING THE BIDS FOR VALLEY VIEW MEDIAN BRICK PAVERS REPAIR. DA ADOPTED RESOLUTION NO. 91-155 AUTHORIZING CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT WITH SALES INTERNACIONAL OF MEXICO FOR MARKETING REPRESENTATION IN MEXICO. 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. Mayor Blair recognized Councilman Phelps for his effort in putting together the kick-off breakfast and Farmers Branch Dairy Queen, McDonald's and RHD for their involvement in the Red Ribbon Campaign. C.2 PUBLIC HEARING: CONSIDER A REQUEST FROM DALLAS TAYLOR, ON BEHALF OF STOR, TO CONSIDER AMENDING THE PLANNED DEVELOPMENT NUMBER 51 ZONING DISTRICT (PD-51) AND APPROVAL OF AN ASSOCIATED SITE PLAN FOR A RETAIL SHOPPING CENTER AT THE NORTHWEST CORNER OF LBJ FREEWAY AND MIDWAY ROAD AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. PD-51 includes approximately 17.5 acres of land. It is the former site of the Treasury Department Store and is presently being used by American Airlines as a temporary park and ride facility. PD-51 currently limits principal land uses to office and office-related uses. The proposed amendment would allow a variety of retail uses as principal uses and modify the existing development standards to better accommodate a retail shopping center. The proposed site plan would allow approximately 260,000 square feet of retail floor space. Staff is still working with the applicant in drafting the final zoning amendment proposal and completing the proposed site plan. The Planning and Zoning Commission, by unanimous vote, recommends the request be continued. A motion by Councilman Pyle, a second by Councilman Binford, all voting "aye continued this public hearing until November 4, 1991. C.3 PUBLIC HEARING: CONSIDER REQUEST BY KIRK WILLIAMS TO REPLACE AN EXISTING UTILITY EASEMENT WITH TWO SPECIFICALLY DEFINED EASEMENTS ON A 1.3 ACRE TRACT LOCATED ADJACENT TO THE WEST Vol. 61, Page 81 SIDE OF INWOOD ROAD JUST NORTH OF ALPHA ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 55 ZONING DISTRICT (PD-55) AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The subject property is former Inwood Road right-of-way and measures approximately 1000 feet in length and 68 feet wide. With the realignment and improvement of Inwood Road, this property was no longer needed for use as a public thoroughfare and was abandoned in 1985. However, a utility easement covering the entire property or a "blanket" easement was retained at that time and remains today. Mr. Williams proposes to abandon the blanket easement 'and create two specifically defined easements; one, 30 feet wide, along the property's east boundary adjacent to Inwood Road and a second, 20 feet in width, along the property's west side abutting the Inwood Plaza shopping center. Should the proposed easements be established, a strip of property measuring about 18 feet in width, unencumbered by easements, would then be created. Such a configuration may be suitable for kiosk-type development. A concept plan for high-rise office development, which includes the subject property, the Inwood Plaza shopping center and the Carpet Exchange property, was approved in 1984. The existing blanket easement allows flexibility for relocation of utilities to accommodate development in accordance with the approved concept plan. Establishment of specifically defined easements will eliminate that flexibility. Development in accordance with the approved concept plan is unlikely. Modification of the utility easement, as requested, would further diminish the concept plan's viability. Therefore, prior to modifying the easement, the approved concept plan should either be amended or deleted. Provided there are no objections by property owners within the PD- 55 zoning district, Staff recommends the concept plan be voided concurrent with any Council action to revise the utility easement. Mayor Blair opened the public hearing and recognized Mr. Art Anderson. Mr. Art Anderson, partner in Mr. Williams law firm, stated he represented the client and would answer any questions. A motion by Councilman Pyle, a second by Mayor Pro Tem Moses, all voting "aye", closed the public hearing. Mayor Blair asked if property owners in the area had been notified. Mr. Michael Spicer, Director of Planning stated all property owners had been notified. Mr. Spicer stated no responses had been received by mail, but he had received a phone call stating no objection to the request. Vol. 61, Page 82 Mayor Blair asked Mr. Anderson if he had any objections to the recommendation. Mr. Anderson stated he had no objections. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", directed Staff to prepare both a resolution providing for deletion of the PD-55 concept plan and an ordinance abandoning the existing blanket easement upon receipt of appropriate surveys prepared by a registered land surveyor from the property owner. CA CONSIDER ORDINANCE NO. 1954 AMENDING THE DANGEROUS BUILDING ORDINANCE AND THE MINIMUM HOUSING ORDINANCE PROVIDING FOR A PUBLIC HEARING AS NOW REQUIRED BY STATE LAW AND TAKE APPROPRIATE ACTION. Mayor Blair stated this item had been withdrawn from the agenda. D.1 DISCUSS CITY COUNCIL MEETING DATES FOR DECEMBER AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated the City Council had a conflict with the meeting date for December 16, 1991. Mayor Blair stated he would like to have only one meeting in December; that being December 2, 1991. City Manager Richard Escalante stated staff had no problem with just one City Council meeting. Mayor Blair stated that December 23, 1991, could be set for a potential emergency date if needed. Councilman Binford stated he would rather set December 9, 1991 as the meeting date, due to the length between the next City Council meeting. Mr. Michael Spicer, Director of Planning, stated this was a regularly scheduled Planning and Zoning Commission meeting but no public hearings had been advertised. A motion by Mayor Blair, a second by Councilman Phelps, all voting "aye", set the City Council meeting date for December on December 9, 1991 and delete December 16, 1991 and a potential emergency date as December 23, 1991. D.2 CONSIDER ADOPTING RESOLUTION NO. 91-146 AWARDING A BID FOR THE PURCHASE OF A REPLACEMENT 23 CUBIC YARD SELF-LOADING ELEVATING SCRAPER WITH A TRADE-IN AND THREE YEAR WARRANTY TO DARR EQUIPMENT Mayor Blair presented the following information for consideration. Staff reviewed its Vol. 61, Page 83 needs for a replacement scraper with City Council during the August 19, 1991, Study Session meeting. At that time, staff indicated that operational requirements would limit vendors to those supplying Caterpillar equipment. Requests for bids were mailed to six vendors. One bid was received and opened on September 20, 1991. The remaining five vendors were contacted and declined to bid for various reasons. Darr Equipment submitted the only bid and it met specifications. The base price of the bid received is $315,987. Staff recommends exercising its option to trade-in existing equipment for a cost reduction of $92,000 and purchase of a three year warranty for $3,560. The cost of the equipment less trade-in and purchase of a three year warranty is $227,547. Funds in the amount of $320,000 are available in the 1991/1992 Fixed Asset Fund to finance this purchase. The Directors of Public Works and Equipment Services recommend adopting Resolution No. 91-146 awarding a bid for the purchase of a replacement scraper with a trade-in and three year warranty to Darr Equipment in the amount of $227,547. Mayor Blair had questions on why this bid came in much lower than was budgeted for and why only one bidder. Mark Pavageaux stated the trade-in of this equipment brought a much higher price than was anticipated. Mr. Pavageaux stated that Caterpillar is the best equipment for the tasks performed at the landfill. A motion by Councilman Pyle, a second by Mayor Pro Tem Moses, all voting "aye", adopted Resolution No. 91-146 authorizing the purchase of a replacement scraper with a trade-in and three year warranty to Darr Equipment in the amount of $227,547. D.3 CONSENT D.4 CONSENT D.5 CONSIDER RESOLUTION NO. 91-156 DESIGNATING FIRST CITY TEXAS, DALLAS -FARMERS BRANCH AS THE CITY'S DEPOSITORY BANK AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEPOSITORY CONTRACT AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The term of the City's depository contract with First City Bank recently expired. Request for proposals were sent to all banks that operate in Farmers Branch. Proposals were received from Team Bank and First City Bank. Vol. 61, Page 84 Based on the criteria used to evaluate the proposals, both banks are capable of serving as the City's Depository. First City Bank proposed the lowest cost of approximately $2,450 per month or $29,400 annually. $30,000 is included in the 1991-92 budget for depository services. Actual cost will be based on the level of activity each month. First City has served as the City's Depository for a number of years and has provided excellent service. Under the existing contract and the proposed contract all money in the City's bank accounts is either insured by the FDIC or collateralized by government securities held by a third party bank. Additionally, all City bank accounts are interest bearing accounts. Resolution No. 91-156 designates First City Bank as the City's Depository and authorizes the City Manager to enter into an eighteen (18) month depository contract with First City Bank. Staff recommends adopting Resolution No. 91-156 designating First City Bank as the City's Depository Bank and authorizing the City Manager to enter into an eighteen (18) month depository contract. Councilman Phelps stated this was an annual amount but asked why an 18 month period. Mr. Vanderslice stated the contract is billed on various services per month. The 18 month period was an attempt to get the next proposal process away from the busiest time of the year to the middle of the year. Councilman Binford asked if all area banks had been notified to bid. Mr. Vanderslice explained that several banks had been notified and just did not want to bid for the contract, others could not handle the volume the City produces. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 91-156 designating First City Bank as the City's Depository Bank and authorized the City Manager to enter into an eighteen (18) month depository contract. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no reports or requests. D.7 CITIZEN PARTICIPATION. Mr. Nick Corbett of 13210 Shahan came forward. Mr. Corbett requested the street lights between Challaburton to Templeton Trail on Valley View be turned on. Mr. Vol. 61, Page 85 Corbett felt the area was entirely to dark and the City Council had not corrected the problem for over 5 years. Mayor Blair stated these lights were being rewired because the aluminum wiring burned and were being replaced with copper and should be completed by March or April of next year. Mayor Blair apologized to Mr. Corbett because some of the delay was due to Council's review of this project. Mr. Corbett stated the neighbors in the area would like to see a brighter light placed in the light standard. Mr. Corbett stated the yellow tint of the bulbs did not give off enough light. Councilman Phelps stated some neighbors in the area do not like brighter lights. MAYOR BLAIR ANNOUNCED THAT ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION. THE DISCUSSION OF THE ITEMS BEGAN AT 7:10 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 7:26 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 METROCREST HOSPITAL AUTHORITY BOARD OF DIRECTORS. Discussions were held relating to the appointments 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 7:10 P.M. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Pyle, a second by Councilman Binford, with all voting "aye", reappointed Max Raulins to serve Place 3 for a one year term, and appointed Karen Hunt to serve Place 9 for a two year term, on the Metrocrest Hospital Authority Board of Directors. F.1 ADJOURNMENT. Vol. 61, Page 86 A motion by Councilman Binford, a second by Mayor Pro Tem Moses, all voting "aye", adjourned the City Council meeting of October 21, 1991, at 9:04 P.M. 00 Mayor 44~,~4~/j City Secretary G Vol. 61, Page 87