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1996-01-08 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JANUARY 8, 1996 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers 1 Dave Blair Nancy Hardie Ron Pyle Bill Moses Bob Phelps Calla Davis 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 Traffic Engineer Recording Secretary Richard L. Escalante Linda Tidwell John Burke John Boyle 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 Dave Davis Cindee Peters Vol. 71, Page 1 Mayor Blair called the City Council Meeting of January 8, 1996 to order at 7:30 P.M.. The meeting was televised. A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. ANNOUNCEMENT AND PRESENTATION BY MAYOR. Mayor Blair announced that Nuevo Leon restaurant located in Farmers Branch was named by the Dallas Morning News as one of the top ten restaurants in Dallas. Mayor Blair presented owners David Trevino and Luis Rameriz with a plaque for their achievement. A.2 CONSIDER ACCEPTANCE OF DONATION OF RESCUE TOOLS BY MAKITA U.S.A., INC. TO THE FIRE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair explained Makita Tools U.S.A.,Inc., of Stafford, Texas, has made a contribution of three reconditioned power tools valued at approximately $500.00 to the Fire Department on behalf of the associates, employees, officers and directors. It represents their support to the Fire Department for their rescue service to the community. The tools are a variable reciprocal saw, 7 inch circular saw, and a 16 inch circular saw. The donated power tools will be used at rescue incidents. The Fire Chief recommends accepting the power tool donation from Makita U.S.A., Inc., to be used at rescue incidents by the Fire Department. A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", accepted the donation from Makita U.S.A., Inc. A.3 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a five year employee service award to Mark Villalobos of the Community Services Department. Steve Furra of the Parks and Recreation Department was unable to attend the meeting to receive his service award. Mayor Blair presented a twenty year employee service award to Fire Chief Kyle King of the Fire Department. Vol. 71, Page 2 A.4 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.5 REPORT ON STUDY SESSION ITEMS. Mayor Blair gave a brief summary of the items discussed in the Study Session held prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.I - B.4. 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 Hardie, a second by Councilwoman Davis, all voting "aye", added items D.1 and D.3 to the consent agenda. A motion by Mayor Pro Tern Hardie, a second by Councilwoman Davis, all voting "aye", approved the following Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF DECEMBER 18, 1995. B.2 APPROVED RESOLUTION NO. 96-004 ACCEPTING EASEMENTS DONATED TO THE CITY OF FARMERS BRANCH BY BLUE LAKE PARTNERS, LTD., WALMART STORE, INC., JOE FREED, SOL FREED, THE ESTATE OF BERNARD FREED, AND AARON KLAUSNER, MEIER MIDWAY LIMITED PARTNERSHIP, AND RM FAMILY PARTNERSHIP I, LTD., FOR THE CONSTRUCTION OF A SANITARY SEWER LINE FOR THE LBJ SEGMENT OF THE EASTSIDE SANITARY INTERCEPTOR SEWER SYSTEM. B.3 ADOPTED RESOLUTION NO. 96-005 ACCEPTING A FIVE FOOT AERIAL EASEMENT FOR STREET LIGHT INSTALLATION DEDICATED BY MR. AND MRS. CAMPBELL OF 14323 SHOREDALE LANE. B.4 ADOPTED RESOLUTION NO. 96-008 REJECTING BIDS FOR THE PURCHASE OF POLICE DUTY WEAPONS. Vol. 71, Page 3 D.1 AUTHORIZED THE EXECUTION OF AN AGREEMENT WITH THE FARMERS BRANCH CHAMBER OF COMMERCE FOR FUNDING OF A ONE DAY FOLKLORE FESTIVAL EVENT. D.3 APPROVED RESOLUTION NO. 96-003 AUTHORIZING THE PURCHASE OF TRAFFIC SIGNAL SYSTEM NETWORK EQUIPMENT AND SOFTWARE FROM HI-TECH SIGNALS, INC.. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an information report on the status and happenings of various projects in the City. C.2 CONSIDER THE REQUEST OF LUTHER J. BERNSTEIN TO DISCUSS THE ORDINANCES REGULATING SWIMMING POOLS AND SPAS AT PRIVATE RESIDENCES AND TAKE APPROPRIATE ACTION. Mayor Blair explained that Mr. Luther Bernstein resides in the townhouse at 3466 Courtyard Circle. There is a spa on a covered patio at his residence which is regulated by Farmers Branch Ordinances No. 1666 and 1686. Mr. Bernstein has requested an opportunity to discuss these ordinances with the City Council. The City Staff recommends that no changes be made to Ordinance Nos. 1666 and 1686 at this time. Mr. Luther Bernstein, 3466 Courtyard Circle, came forward. Mr. Bernstein explained he has a hot tub that is surrounded by a 10' gate, the hot tub has a cover over it, and the gate is bolted shut. Mr. Bernstein stated he feels the yearly inspection of the spa is an invasion of his privacy. Mayor Blair asked Mr. Bernstein if he wanted the City to change the ordinance for him. Mr. Bernstein explained he was asking what he has to do to have the spa exempted from the ordinance. Mr. Bernstein asked how can he build something so he does not have to be inspected. City Manager Richard Escalante stated the ordinance requires that a gate be self- closing and self-latching and water clarity be inspected. Mr. Escalante explained if Mr. Bernstein chooses not to comply with this, he could physically move the spa into the house. Mr. Escalante stated Mr. Bernstein may wish to expand his home and enclose that portion of the spa. Mr. Escalante stated the construction would have to comply with all applicable building codes. Mr. Escalante suggested that Mr. Bernstein speak to Mr. Tom Scales, Director of Community Services to see about the Vol. 71, Page 4 codes. Mr. Escalante informed Mr. Bernstein if he wanted to comply without the expense, he would need to install a self-closing and self-latching gate. Mr. Bernstein asked if he choose not to comply, what would happen. Mr. Escalante explained to Mr. Bernstein that he had already received a ticket. Mr. Bernstein replied the ticket was not for the self-closing gate but for not letting the inspector inside. Mayor Blair announced this discussion was not getting anywhere. Mr. Bernstein asked if the City would change the ordinance. Mayor Blair replied the City would not change the ordinance. D.1 CONSENT. D.2 CONSIDER ADOPTING RESOLUTION NO. 96-002 AWARDING THE BID FOR THE RECONSTRUCTION OF RIDGEOAK WAY TO BCI UTILITY CONSTRUCTION, INC. AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The reconstruction of Ridgeoak Way is budgeted in the 1995-96 Capital Improvement Program in the amount of $742,000. Eight bids were received and opened on December 4, 1995; all bids meet specifications. The low bidder is BCI Utility Construction, Inc. submitting a bid of $633,465 with a contract time of 150 calendar days. BCI Utility Construction, Inc. has provided adequate qualifications and references for similar work. The proposed improvements from Templeton Trail to Marsh Lane will include replacement of the existing asphalt street with concrete, replacement of the existing sidewalks and drive approaches, and replacement of a water line and its service connections. The design has cost $42,940. Materials testing is estimated at $12,822. A balance of $686,238 is available for construction. The City Engineer recommends awarding the bid for the reconstruction of Ridgeoak Way to BCI Utility Construction, Inc. in the amount of $633,465. Mayor Blair asked if the $742,000 budgeted was for Ridgeoak Way only. Vol. 71, Page 5 Mr. Jerry Murawski, City Engineer, explained the amount budgeted was for Ridgeoak only. There being no further discussion, a motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 96-002 awarding the bid for the reconstruction of Ridgeoak Way to BCI Utility Construction, Inc. in an amount not to exceed $633,465. D.3 CONSENT. D.4 CONSIDER ADOPTING RESOLUTION NO. 96-007 AUTHORIZING THE CITY MANAGER TO PURCHASE AN OUTDOOR WARNING SYSTEM FROM AMERICAN COMMUNICATIONS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The 1995-96 Non-Bond Capital Improvement Program contains $200,000.00 for an Outdoor Warning System. Eight siren locations have been selected for the City. Authorization from private property owners has been secured for the installation of all of the devices, except for Site No. 1, which is located in the vicinity of Luna Road and IH-635. Discussions are continuing with the property owners. On November 28, 1995 sealed proposals were opened from four vendors. Vendors were encouraged to submit multiple proposals and a total of nine proposals were received. A numeric evaluation system was used to assist the staff in evaluating the proposals. American Communications presented the proposal that best satisfies the outdoor warning needs of the City of Farmers Branch. This system consists of eight Whelen Vortex electronic sirens, one encoder, and four solar power attachments, for a total amount of $149,782.00. The Fire Chief recommends adopting Resolution No. 96-007 authorizing the City Manager to purchase an Outdoor Warning System from American Communications, in the amount not to exceed $149,782.00. Councilman Phelps asked if this system included a silent maintenance system check. Mr. Kyle King, Fire Chief, stated the proposed system does feature testing the circuitry of the equipment silently. Mr. King stated the City will utilize this sometimes, however he strongly recommends using the actual siren so citizens will become familiar with the sound. Mayor Blair asked if this price included all installation. Vol. 71, Page 6 Mr. Kyle King stated the price did include installation. There being no further discussion, a motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted Resolution No. 96-007 authorizing the City Manager to purchase an Outdoor Warning System from American Communications in an amount not to exceed $149,782.00. D.5 CONSIDER ADOPTING RESOLUTION NO. 96-006 AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH AND THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT RELATIVE TO CONTRACTING FOR SERVICES FROM THE SCHOOL DISTRICT'S FAMILY SERVICES DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. School District representatives have approached the City about supplemental funding for the District's Family Services Department. Based on information gathered during meetings between the City and School District staff members, City staff believes there is a need for the two positions within the Family Services Department which were funded by the City in 1994-95. One of the positions is a Parent Educator and the other is a part-time Community Liaison. The job descriptions for these positions have been mutually arrived at after consultations between staff members representing the City and the School District. The intent of this agreement is to provide support and services for at-risk students and their parents in overcoming language, cultural, social, and financial barriers that may impede school and citizenship success. The amount budgeted for this item is $50,000 which will be prorated based on a nine month rather than a 12-month service period. From the time of the executed contract until September 30, 1996, the estimated payment to the School District would total approximately $38,000. Staff recommends adoption of Resolution #96-006 authorizing the City Manager to execute an interlocal agreement between the City of Farmers Branch and the Carrollton-Farmers Branch Independent School District relative to contracting for services from the School District's Family Services Department. Mayor Blair stated that earlier in the Study Session City Council met with representatives of the School. Mayor Blair stated after discussion concerning the program, the school representatives asked to meet with the School Board and report back to City Council what direction the School District will take on this program. Vol. 71, Page 7 There being no further discussion, a motion by Mayor Pro Tern Hardie, a second by Councilman Phelps, all voting "aye", tabled this item until the next City Council meeting. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no travel reports or requests. D.7 CITIZEN PARTICIPATION. Mr. Nick Korba stated he is finding quite often that people are dumping water from swimming pools into the easements. Mr. Korba stated with the cold weather this creates a hazard. Mr. Korba stated that he had talked to Mr. Scales about one pool lately. Mr. Korba asked when inspections of pools and spas are conducted, do inspectors make sure it goes into the sewer instead of the alley. Mr. Scales stated that City ordinances require pools and spas to be drained or backwashed into the sanitary sewer. Mr. Scales stated this particular pool has had a leakage problem and has now been repaired. Mr. Scales stated that if any pool is being drained into the alleys or easements, his department would like to know the pool location so that it can be corrected. Mr. Korba also asked if he dialed 9-1-1, how can he ensure that he goes to the hospital of his choice. Mayor Blair stated the final determination is made by conversing with the hospital and doctors who inform paramedics what to do. Mr. Kyle King, Fire Chief, explained this is a concern many feel about being transported in an emergency. Mr. King explained the State of Texas requires medical control by a medical doctor which gives paramedics information such as what drugs to administer. Mr. King stated the doctor tells paramedics if that particular patient's risk is too great to go to the hospital of their choice. Mr. King explained the doctor then directs the paramedics to deliver the patient to the nearest hospital emergency room. Mr. Korba stated he would rather die than go to a hospital he does not like. Mr. King stated the paramedics do not disobey what the doctor orders because this would put the City of Farmers Branch under extreme liability. Mr. Korba asked if a family member can ride in the ambulance with the patient. Vol. 71, Page 8 Mr. King stated as far as he knows it is being done if conditions of the patient warrant. Mayor Blair replied he knows it has been done in the past. Mayor Blair stated whatever the specialist tells the paramedics to do they have to do this. Mayor Blair stated staff will make this information available to citizens in a future article in the newsletter. MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. STUDY SESSION. THE DISCUSSION BEGAN AT 7:05 P.M. AND CONCLUDED AT 7:26 P.M. MAYOR BLAIR ANNOUNCED THAT ACTION ON THE ITEMS DISCUSSED WERE RECESSED UNTIL THE 7:30 P.M. MEETING. TEXAS GOVERNMENT CODE CHAPTER 551 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 - TEXAS GOVERNMENT CODE SECTION 551.074 1. DISCUSS APPOINTMENT TO ALTERNATE POSITION TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS. 2. DISCUSS APPOINTMENT TO THE VALWOOD IMPROVEMENT AUTHORITY BOARD OF DIRECTORS. Mayor Blair and members of the City Council discussed appointments to the various boards as listed above. A motion by Mayor Blair, a second by Mayor Pro Tem Hardie, to reappoint Mike Kirkpatrick. E. lb DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. DISCUSS PENDING LITIGATION WITH XIT PAVING AND CONSTRUCTION VS. CITY OF FARMERS BRANCH. 2. DISCUSS PENDING LITIGATION WITH PRISCILLA INNES, ET. AL. VS. CITY OF FARMERS BRANCH. City Attorney John Boyle presented a status report on the litigation as listed above. Vol. 71, Page 9 E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair called for necessary action on personnel matters discussed in the Execution Session. A motion by Mayor Blair, a second by Mayor Pro Tem Hardie, all voting "aye", reappointed Mike Fritzpatrick to serve a two year term on the Valwood Improvement Authority Board of Directors; the term to expire December 31, 1997. E.3 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated that no action was necessary at this time on Pending and Contemplated Litigation. City Attorney John Boyle presented a status report to the City Council in the Executive Session at the Study Session. MAYOR BLAIR ANNOUNCED THAT THE CITY COUNCIL WILL RECESS FOR FIVE (5) MINUTES AT THIS TIME AND WILL RECONVENE FOR THE REST OF THE STUDY SESSION ITEMS. 1 F.1 ADJOURNMENT. A motion by Mayor Pro Tem Hardie, a second by Councilman Pyle, all voting "aye", adjourned the City Council meeting of January 8, 1995, at 9:45 P.M. Mayor z=' City Secretary 0 Vol. 71, Page 10