Loading...
1993-12-06 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING DECEMBER 6, 1993 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Calla Davis Ron Pyle Bill Moses Bob Phelps Nancy Hardie 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 Director of Planning City Engineer Director of Equipment Services Director of Finance Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works City Management Assistant Recording Secretary Richard L. Escalante Steve Carpenter John Burke Stan Lowry Ruth Ann Parish Donna Huerta Norma Nichols Tom Scales Michael Spicer Jerry Murawski Don Moore Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux David Reedy Cindee Peters Vol. 65, Page 107 Mayor Blair called the City Council Meeting of December 6, 1993 to order at 7:30 P.M.. The meeting was televised. A.1 INVOCATION. Councilman Moses gave the invocation and Boy Scout Troop 734 led the pledge of allegiance to the flag and posted the colors of the flag. A.2 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a five year employee service award to George Bush of the Equipment Services Department. Mayor Blair presented a five year employee service award to Charles Taylor of the Police Department. A.3 PRESENTATION OF BOARD APPLICATIONS. Mr. Austin Pittman stated he had submitted his application and would like to be considered for the vacancy on the Zoning Board of Adjustment and Building Code Board of Appeals. Mayor Pro Tem Davis asked Mr. Pittman to tell the City Council about himself. Mr. Pittman stated he was married with one child and one on the way. Mr. Pittman stated he has recently relocated from Abilene. Mr. Pittman stated he works with Baylor Health Care. Mayor Blair stated the City Council would consider Mr. Pittman's application later this evening. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.6. Mayor Blair stated 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 Davis, a second by Councilman Phelps, all voting "aye", tabled agenda item B.6 on the consent agenda until the December 20, 1993 meeting. Vol. 65, Page 108 A motion by Mayor Pro Tem Davis, a second by Councilwoman Hardie, all voting "aye", added items D.1, D.2, and D.3 to the consent agenda. A motion by Mayor Pro Tem Davis, a second by Councilman Phelps, all voting "aye", approved the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF NOVEMBER 15, 1993. B.2 ADOPTED RESOLUTION NO. 93-097 TO ACCEPT A SEWER EASEMENT FROM WENDY'S INTERNATIONAL, INC., BOB EVANS FARMS, INC., U.S. TRUST COMPANY OF CALIFORNIA NATIONAL ASSOCIATION, AND STATE STREET BANK AND TRUST COMPANY (PACE). B.3 ADOPTED THE FOLLOWING ORDINANCE NO. 2058 FOR THE ABANDONMENT OF A SEWER EASEMENT WITHIN THE PACE ADDITION. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS PROVIDING FOR ABANDONMENT OF ITS INTEREST IN A SANITARY SEWER EASEMENT WITHIN THE PACE ADDITION; AND DECLARING AN EMERGENCY. B.4 AUTHORIZED THE EXECUTION OF AN AGREEMENT WITH THE CHAMBER SYMPHONY OF THE METROCREST FOR FUNDING AS PROVIDED IN THE 1993-94 BUDGET IN THE AMOUNT OF $7,000. B.5 ADOPTED RESOLUTION NO. 93-185 AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFICATION TO NET LEASE AGREEMENT WITH TRIANGLE SUPPLY CO., INC. FOR PROPERTY LOCATED AT 12705 BEE STREET. B.6 TABLED UNTIL DECEMBER 20, 1993. D.1 ADOPTED THE FOLLOWING ORDINANCE NO. 2101 GRANTING A STREET USE AND RENTAL AGREEMENT TO TELEPORT COMMUNICATIONS - DALLAS, INC. FOR THE PURPOSE OF OPERATING A FIBER OPTICS NETWORK WITHIN THE CITY OF FARMERS BRANCH. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, GRANTING TO TELEPORT COMMUNICATIONS - DALLAS, INC., A STREET USE AND RENTAL AGREEMENT FOR THE Vol. 65, Page 109 PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING ITS FIBER OPTIC NETWORK IN PUBLIC STREETS, ALLEYS, AND RIGHTS-OF-WAY IN THE CITY OF FARMERS BRANCH; PROVIDING FOR THE CONDITIONS GOVERNING THE CONSTRUCTION, EXPANSION, USE, RECONSTRUCTION, EXCAVATION, MAINTENANCE AND OPERATION OF A FIBER OPTIC NETWORK; PROVIDING FOR A BOND AND INSURANCE; PROVIDING FOR THE REGULATION OF WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS AND REQUIRING ALTERATION TO CONFIRM WITH PUBLIC IMPROVEMENTS; PROVIDING FOR THE CITY'S RIGHT TO USE CERTAIN PORTIONS OF THE FIBER OPTIC NETWORK; PROVIDING FOR COMPENSATION FOR THE PRIVILEGES CONFERRED UNDER THIS STREET USE AND RENTAL AGREEMENT; PROVIDING FOR ACCOUNTING AND OTHER INFORMATION; PROVIDING FOR CONDITIONS CONCERNING RENEWAL; PROVIDING FOR CONDITIONS OF TRANSFER OR ASSIGNMENT; PROVIDING AN INDEMNITY CLAUSE; PROVIDING FOR A LOCAL OFFICE; PROVIDING FOR CONSEQUENCES OF AGREEMENT VIOLATIONS; PROVIDING FOR COMPLIANCE WITH EXISTING LAWS; PROVIDING FOR WRITTEN ACCEPTANCE OF THE TERMS OF THIS AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. D.2 ADOPTED RESOLUTION NO. 93-188 TO ACCEPT A WARRANTY DEED FOR STREET IMPROVEMENTS AND A BEAUTIFICATION EASEMENT FOR LANDSCAPING DONATED BY ANDRES REAL ESTATE FOR THE JOSEY LANE IMPROVEMENTS PROJECT AT THE NORTHEAST CORNER OF JOSEY LANE AND VALLEY VIEW LANE. D.3 ADOPTED RESOLUTION NO. 93-190 TO ACCEPT A STREET EASEMENT FOR STREET IMPROVEMENTS DONATED BY THE VALLEY VIEW CHRISTIAN CHURCH OF DALLAS TO PROVIDE RIGHT-OF-WAY FOR THE VALLEY VIEW LANE AT MARSH LANE INTERSECTION IMPROVEMENTS PROJECT. MAYOR'S ANNOUNCEMENT. Mayor Blair invited citizens of Farmers Branch to attend the Crimewatch Meeting on December 7, 1993 at 7:30 in the Council Chambers at City Hall. Mayor Blair replied that all districts of crimewatch are invited. Mayor Blair stated the tree lighting ceremony on this past Friday was a great success complimented the Farmers Branch Chamber and the City Staff for their work. Vol. 65, Page 110 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 PUBLIC HEARING: CONSIDER THE REQUEST OF TRANS TEXAS INVESTMENT PROPERTIES, INC., TO AMEND THE PLANNED DEVELOPMENT NUMBER 66 (PD-66) ALLOWABLE USES AND DEVELOPMENT STANDARDS, AND APPROVE AN ASSOCIATED SITE PLAN FOR A RETAIL DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF MIDWAY ROAD AND THE LBJ FREEWAY WITHIN THE PD-66 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. This item was continued from the City Council's November 15, 1993 meeting pending a recommendation from the Planning and Zoning Commission. The item was continued in order to allow the applicant more time to prepare additional information pertinent to the request. At the time of the Planning and Zoning Commission's last meeting, November 29, 1993, the applicant's submittal was not yet complete. At the request of the applicant, the Planning and Zoning Commission again continued its public hearing until December 13, 1993. In accordance with the Comprehensive Zoning Ordinance, the City Council must receive a recommendation from the Planning and Zoning Commission before action may be taken on any proposed zoning amendment. Therefore, no action may be taken by the City Council at this time. City Staff recommends the public hearing be continued to the December 20, 1993 City Council meeting. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", continued this item until the December 20, 1993, meeting. DA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Pro Tem. Davis stated she attended the National League of Cities conference in Orlando, Florida. Mayor Pro Tem Davis explained she is on the Economic and Environmental Energy Resources Committee. Mayor Pro Tem Davis felt this conference was more informative than past conferences. Mayor Pro Tem. Davis stated the main topic discussed was unfunded mandates put on cities and how they Vol. 65, Page 111 affect cities. Mayor Pro Tem Davis stated our City is well run compared to the problems other cities are having. Councilwoman Hardie stated she also attended this conference and is the Sister City Liaison for Farmers Branch. Councilwoman Hardie replied she received some very beneficial information on Sister City activities which she will share with City staff. Councilwoman Hardie explained she attended the Transportation and Communication Policy Committee briefings for the Mayor and found that not only is Farmers Branch having problems with the cable company but so are many cities. A motion by Mayor Pro Tem Davis, a second by Councilman Phelps, all voting "aye", approved travel for City Manager Richard Escalante to attend a conference on computers in Houston on December 10, 1993. Mayor Blair stated the City of Farmers Branch is expected to receive an invitation from our sister city Garbsen to visit during the CeBIT Fair next year. Mayor Blair stated the CeBIT Fair is scheduled from March 16 - 23, 1994. Mayor Blair stated that Hanover Fair is scheduled from April 15 - 30, 1994, but correspondence from our Sister City is inclusive and City Council would prefer to travel in March. A motion by Mayor Blair, a second by Councilman Pyle, all voting "aye", approved travel to the CeBIT Fair or the Hanover Fair for any member of the City Council, City Manager and their spouses. D.5 CITIZEN PARTICIPATION. Councilman Phelps, as a resident, invited all citizens to attend the Living Christmas Tree performance at the First Baptist Church in Carrollton on December 10 - 12, 1993. Mr. Austin Pittman extended his thanks to the City Council for making his family feel at home in Farmers Branch. MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION UNDER EXECUTIVE SESSION. THE DISCUSSION ON THE ITEMS BEGAN AT 6:15 P.M. WITH THE COUNCIL RECONVENING INTO GENERAL SESSION AT 6:23 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION. THE ACTION ON THE ITEMS DISCUSSED WAS RECESSED UNTIL THE 7:30 P.M. MEETING. ARTICLE 6252-17, SEC. 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN THE EXECUTIVE SESSION. THE FOLLOWING AGENDA WAS FOLLOWED: Vol. 65, Page 112 I E.la DISCUSS PERSONNEL MATTERS -ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTMENT TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS. 2. DISCUSS APPOINTMENT TO THE PARKS AND RECREATION BOARD. A discussion was held relating to the appointments of the above mentioned boards. E. lb DISCUSS PENDING AND CONTEMPLATED LITIGATION - ARTICLE 6252-17 SEC. 2(e) 1. BENNY LILES VS. THE CITY OF FARMERS BRANCH. City Attorney John Boyle present an update report to the City Council on the pending litigation of Benny Liles VS the City of Farmers Branch. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair nominated Austin Pittman to serve the Alternate No. 1 position on the Zoning Board of Adjustments and Building Code Board of Appeals. Councilman Moses seconded the nomination and all voted unanimously. 1 Mayor Blair stated that the consideration of the appointment to the Parks and Recreation Board would be considered at the next meeting. E.3 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair reported that the litigation of Benny Liles VS. City of Farmers Branch was in Federal Court and is still pending. F.1 ADJOURNMENT. A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", adjourned the City Council meeting of December 6, 1993, at 8:04 P.M. Mayor Ci y secretary Vol. 65, Page 113