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1991-11-18 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING NOVEMBER 18, 1991 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem 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. Director of Community Services Tom Scales 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 November, 18, 1991 to order at 7:30 P.M.. The meeting was televised. A. l INVOCATION. Vol. 61, Page 102 Mayor Pro Tem Moses gave the invocation. A.2 PRESENTATION OF COLORS BY CUB SCOUT PACK #844 AND LEAD PLEDGE OF ALLEGIANCE TO FLAG. Cub Scout Pack #844 lead the pledge of allegiance to the flag. A.3 PRESENTATION OF ANNOUNCEMENT AND EXTENDING AN INVITATION TO THE CITY COUNCIL AND CITIZENS TO ATTEND THE "CHRISTMAS PRESENT" AND "CHRISTMAS PAST". Mr. Eddie Ketchersid, representing the Farmers Branch Chamber of Commerce, invited all citizens and the City Council to attend upcoming Christmas activities. Mr. Ketchersid stated that "Christmas Present" on December 6, 1991 would bring the arrival of Santa Claus and the tree lighting ceremony at City Hall. Mr. Ketchersid also stated "Christmas Past" on December 8, 1991, would be conducted at the Farmers Branch Historical Park with such activities as choirs, dance clubs, hot apple cider and cookies. A.4 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a twenty-five year employee service award to Bill Garrison of the Fire Department. Mayor Blair presented a fifteen year employee service award to Norman Reynolds of the Personnel Department. Mayor Blair presented a fifteen year employee service award to Karel Tabor of the Library. A.5 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. MAYORS ANNOUNCEMENT. Mayor Blair stated he would turn the meeting over to Mayor Pro Tem Moses so he could spend promised time with Cub Scout Troop #844. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1. Mayor Pro Tem Moses 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 Vol. 61, Page 103 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 Binford, all voting "aye", added items D.3 and D.6 to the consent agenda. A motion by Councilman Binford, a second by Councilman Phelps, all voting "aye", approved the following Consent Agenda items. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF NOVEMBER 4, 1991. D.3 ADOPTED RESOLUTION NO. 91-170 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH SPURGIN & ASSOCIATES ARCHITECTS FOR ARCHITECTURAL SERVICES, RELATING TO THE REMODEL OF FIRE STATION #1, IN AN AMOUNT NOT TO EXCEED $22,000.00. D.6 ADOPTED RESOLUTION NO. 91-174 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH APPLIED EARTH SCIENCES, INC. FOR ENVIRONMENTAL SERVICES AT FIRE STATION NO. 1 IN AN AMOUNT NOT TO EXCEED $13,000.00. 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 CONSIDER THE ADOPTION OF ORDINANCE NO. 1967 AMENDING THE CITY'S INDUSTRIAL WASTEWATER ORDINANCE AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Moses presented the following information for consideration. The City's Industrial Wastewater Ordinance adopted in 1985 contains a maximum allowable concentration standard for manganese. The Trinity River Authority has determined that manganese is not detrimental to the wastewater treatment system. The city staff is proposing that the standard for discharge of manganese in wastewater be raised to 24 ppm. This will allow the discharge of treated groundwater containing natural manganese into the sanitary sewer system. Manganese exists in groundwater naturally at higher levels than the old standard permitted. This will not create any environmental health problems but in fact will facilitate groundwater clean up activities. The City Staff recommends that Ordinance No. 1967 be adopted establishing a standard Vol. 61, Page 104 of 24 ppm for manganese. Councilwoman Davis stated she would excuse herself from the Council Chambers due to a conflict of interest on item C.2 and item C.3. A motion by Councilman Binford, a second by Councilman Pyle, all voting "aye", adopted Ordinance No. 1967 amending Ordinance No. 1555 by establishing a standard of 24 ppm for manganese. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION III.B.11.a OF ORDINANCE NO. 1555 SETTING FORTH ALLOWABLE CONCENTRATIONS FOR DISCHARGE INTO THE SANITARY SEWER SYSTEM; PROVIDING THAT ANY DISCHARGE WHICH COULD CAUSE THE CITY TO VIOLATE ITS WASTEWATER SERVICES CONTRACT WITH THE TRINITY RIVER AUTHORITY SHALL BE PROHIBITED; PROVIDING THAT ALL PORTIONS OF OTHER ORDINANCES NOT IN CONFLICT WITH THIS ORDINANCE SHALL REMAIN IN FULL FORCE AND EFFECT; PROVIDE A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. C.3 CONSIDER A REQUEST OF VAN WATERS AND ROGERS TO AMEND DISCHARGE REQUIREMENTS FOR THEIR WASTEWATER DISCHARGE PERMIT AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Moses presented the following information for consideration. Resolution No. 88-073, adopted May 2, 1988, authorized the clean-up of contaminated groundwater and soil at 4707 Alpha Road. The resolution and wastewater discharge permit issued by the City at the time authorized the indirect discharge of treated groundwater into the sanitary sewer system after it was tested. Van Waters and Rogers and their contractors are engaged in clean up operations at the site, which was formerly a chemical distribution center. Van Waters and Rogers has requested a change in a provision of their wastewater discharge permit to allow direct and continuous discharge of treated groundwater into the sanitary sewer system. The City Staff recommends that Resolution No. 88-073 be amended by adoption of Resolution No. 91-141 authorizing a change in Van Waters and Rogers wastewater discharge permit allowing the discharge of treated groundwater directly into the sanitary sewer system. Councilwoman Davis remained outside the Council Chambers for this item. A motion by Councilman Pyle, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 91-141 amending conditions of Van Waters and Rogers Vol. 61, Page 105 Wastewater Discharge Permit. D.1 DISCUSS A POSSIBLE RESOLUTION TO APPEAL THE WRIGHT AMENDMENT AND TAKE THE APPROPRIATE ACTION. Mayor Pro Tem Moses stated this item would be discussed when Mayor Blair returned to the Council Chambers. Mayor Blair returned to the Council Chambers. Mayor Blair explained the Wright Amendment was created by Congressman Jim Wright to protect D/FW Airport after it was built to ensure it would succeed. Mayor Blair explained the Wright Amendment allows commercial flights to any of the 4 contiguous states, and then have to terminate. Mayor Blair explained that Southwest Airlines could not provide direct flights to any contiguous state and continue on to another state. Mayor Blair stated there was an imbalance in the fare structure. Mayor Blair stated a change should be made in this amendment to state "thru service to any city of the 4 contiguous states". A motion by Councilman Binford, a second by Councilman Phelps, all voting "aye", adopted Resolution 91-177 supporting a revision of the Wright Amendment. D.2 CONSIDER ADOPTING RESOLUTION NO. 91-169 AWARDING A BID FOR WATER AND SEWER UTILITY CUT REPAIRS AT VARIOUS LOCATIONS FOR THE PUBLIC WORKS DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Moses presented the following information for consideration. The Public Works Department received one response to the request for bids on water and sewer utility cut repairs at various locations. Ten bids were requested and nine vendors declined to bid for various reasons. R & T Construction submitted the only bid in the amount of $111,062.50. All quantities of work were estimated. The bid was tabulated using the total of all unit prices. Work will be performed only as necessary. It is staffs opinion that the one bid received is a fair price and that there would be no benefit for rebidding this contract. The 1991/1992 Public Works operating budget contains $100,000 to finance this contract. The Director of Public Works recommends adopting Resolution No. 91-169 awarding a bid for water and sewer utility cut repairs at various locations to R & T Construction for a total payment not to exceed $100,000.00, and authorizing the City Manager to execute the contract on behalf of the City. Vol. 61, Page 106 A motion by Councilman Binford, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 91-169 authorizing the City Manager to execute a contract to award a bid for water and sewer utility cut repairs at various locations to R & T Construction for a total payment not to exceed $100,000.00. D.3 CONSENT. DA CONSIDER ADOPTING RESOLUTION NO. 91-171 AWARDING BIDS FOR AN ANNUAL SUPPLY OF PIPE FITTINGS AND APPURTENANCES AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Moses gave the following information for consideration. Bid requests for an annual supply of pipe fittings and appurtenances were sent to nine vendors. Six bids were returned and all bids met specifications. Three vendors declined to bid for various reasons. The total cost of low bid items from the vendors is $22,804. 11. There is a total of $43,500 budgeted in the 1991/1992 Public Works Utility Division fixed asset account for the purchase of pipe fittings and appurtenances. Remaining funds will be used to purchase supplies not included in this bid such as cold mix asphalt and backfill materials. The Director of Public Works recommends adopting Resolution No. 91-171 awarding bids for an annual supply of pipe fittings and appurtenances in the total amount of $22,804.11. The bids are from Industrial International, Inc. for $12,031.11, Metro Valve and Pipe company for $10,020.00, and Texas Water Products for $753.00. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 91-171 awarding bids for an annual supply of pipe fittings and appurtenances in the total amount of $22,804.11. The bids are from Industrial International, Inc. for $12,031.11, Metro Valve and Pipe company for $10,020.00, and Texas Water Products for $753.00. D.5 CONSIDER ADOPTING RESOLUTION NO. 91-173 AWARDING BIDS FOR IRRIGATION SUPPLIES FOR THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Moses gave the following information for consideration. Bid requests for an annual supply of irrigation parts for the Parks and Recreation Department were sent to ten vendors. Six bids were returned. Four vendors declined to bid for various reasons. Several vendors did not meet specifications on a total of eleven items. Staff provided information to Council outlining reasons for rejection of low bids on these eleven items. Staff recommends awarding the low bids meeting specifications. Vol. 61, Page 107 The total cost of low bid items meeting specifications is $32,544.88. There is $35,000 budgeted for irrigation supplies in the 1991-92 budget. The Director of the Parks and Recreation Department recommends adopting Resolution No. 91-173 awarding bids for irrigation supplies for the Parks and Recreation Department in the total amount of $32,544.88. The bids are from Davis Pipe and Supply, Inc., for $1,458.30, Wipco, Inc., for $1,724.35, Longhorn, Inc., for $4,038.24, Pipe 'N Heads for $7,290.44, and Wickham Supply, Inc. for $18,033.55. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 91-173 awarding bids for irrigation supplies for the Parks and Recreation Department in the total amount of $32,544.88. The bids are from Davis Pipe and Supply, Inc., for $1,458.30, Wipco, Inc., for $1,724.35, Longhorn, Inc., for $4,038.24, Pipe 'N Heads for $7,290.44, and Wickham Supply, Inc. for $18,033.55. D.6 CONSENT. D.7 CONSIDER ADOPTING ORDINANCE NO. 91-175 AUTHORIZING THE UPDATE OF TMRS SERVICE CREDITS FOR QUALIFIED EMPLOYEES AND INCREASED ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED EMPLOYEES AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Moses gave the following information for consideration. The City of Farmers Branch participates in the Texas Municipal Retirement System (TMRS). Each year, the City of Farmers Branch has the option to update service credits for active employees and increase annuities for retired employees or their beneficiaries. The City of Farmers Branch has exercised this option for the past ten years. The percentage of total payroll the City pays for TMRS is calculated annually each January and is amortized over 25 years. The current rate is 10.27% of payroll. The new calculated figure, effective January 1, 1992, will be 10.59%, even if the option of updating is not approved. To include this option raises the new percentage to 10.71 % of payroll. $1,354,000 is budgeted in the 1991-92 budget for TMRS. If the option to upgrade service credits and increase annuities is approved, an additional $30,231 will be required and is available in the Personnel Reserve Account. The Personnel Director recommends adoption of Ordinance No. 91-175 authorizing the update of TMRS service credits for current employees and increased annuities for retirees and beneficiaries of deceased employees. A motion by Councilman Phelps, a second by Councilwoman Davis, all voting "aye", adopted Resolution No. 91-175 authorizing the update of TMRS service credits for Vol. 61, Page 108 qualified employees and increased annuities for retirees and beneficiaries of deceased employees. D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Pro Tem Moses asked for travel reports or requests. Mayor Blair stated he was asked by the Texas Railroad Commission to testify in Austin on November 19, 1991, on Texas interstate trucking deregulations. Mayor Blair requested approval of this travel request. A motion by Mayor Pro Tem Moses, a second by Councilman Binford, all voting "aye", approved the travel request to Austin by Mayor Blair. D.9 CITIZEN PARTICIPATION. Mr. Merv Cassatt, 2943 Longmeade Drive, stated he would like to discuss the policy on garage sale signs. Mr. Cassatt stated a police officer had asked him to remove a garage sale sign from his car parked on the corner. Mr. Cassatt stated he felt this was unfair and he should be allowed to park his car anywhere he desired. [1 Mayor Blair asked Mr. Tom Scales to come forward and comment on this situation. Mr. Scales felt the police officer was enforcing a section of the sign ordinance entitled "portable signs". Mr. Scales stated that portable signs were illegal in Farmers Branch, except under certain circumstances. Mr. Scales stated City Staff was in the process of changing the sign ordinance which would address new regulations for garage sale signs. MAYOR BLAIR ANNOUNCED THAT THE COUNCIL WILL CONVENE TO THE COUNCIL CONFERENCE ROOM UPSTAIRS FOR DISCUSSION OF THE EXECUTIVE SESSION ITEMS. THE MEETING WILL RECONVENE INTO GENERAL SESSION 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 PERSONNEL MATTERS, LAND ACQUISITION, AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E. la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTMENT TO THE LIBRARY BOARD. 2. DISCUSS APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS. 3. DISCUSS APPOINTMENT TO THE METROCREST HOSPITAL AUTHORITY BOARD OF DIRECTORS. Vol. 61, Page 109 C A discussion was held relating to the appointments to the various boards. E.lb DISCUSS PENDING AND CONTEMPLATED LITIGATION - ARTICLE 6252-17 SEC. 2(e) 1. DISCUSS CITY OF FARMERS BRANCH VS. TRUST COMPANY OF TEXAS LITIGATION. 2. DISCUSS CITY OF FARMERS BRANCH VS. JOHNSON & CRAVENS LITIGATION. City Attorney John Boyle gave a status report on the two cases named above. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated the appointment to the Library Board and appointments to the Zoning Board of Adjustments and Building Code Board of Appeals will be considered at the next meeting. E E.3 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED A motion by Councilman Pyle, a second by Councilwoman Davis, with all voting "aye", adopted Resolution No. 91-176 confirming the designation of Dick Calvert to serve on the Metrocrest Hospital Authority Board of Directors, Place 2, as recommended by the City Council of the City of Carrollton. LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated the City Attorney John Boyle presented a status report on litigation involving the city. F.1 ADJOURNMENT. A motion by Mayor Pro Tem Moses, a second by Councilman Binford, all voting "aye", adjourned the City Council meeting of November 18, 1991, at 8:48 P.M. Mayor City Secretary [1 Vol. 61, Page 110