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1996-08-19 CC Minutes1 CITY OF FARMERS BRANCH CITY COUNCIL SPECIAL MEETING AUGUST 19, 1996 CITY HALL COUNCIL CONFERENCE ROOM 13000 WILLIAM DODSON PARKWAY 4:00 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Bob Phelps Bill Moses Ron Pyle Calla Davis Berry Grubbs Charlie Bird The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary Communications Director Director of Parks and Recreation Chief of Police City Engineer Director of Community Services Planning Director Planning Analyst Planning Associate Equipment Services Director Public Works Director Library Director Director of Personnel Fire Chief Richard L. Escalante John Burke Linda Tidwell Cindee Peters Donna Huerta Jeff Fuller Jimmy Fawcett Jerry Murawski Tom Scales Michael Spicer Steve Sims Jim Sellards Don Moore Mark Pavageaux Mary Jane Stevenson Janet Goad Kyle King Vol. 72, Page 62 Mayor Phelps called the special City Council Meeting of August 19, 1996 to order at 4:04 p.m.. CONSIDER ADOPTING RESOLUTION NO 96-111 AWARDING THE BID FOR DEMOLITION OF THE PRESENT BATHHOUSE CONSTRUCTION OF A NEW BATHHOUSE AT DON SHOWMAN PARK AND CONSTRUCTION OF A RESTROOM/CONCESSION STAND AT W L COX PARK TO ROME CONSTRUCTION, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. The bathhouse at Don Showman was constructed over 30 years ago, and the building is outdated. The restroom at W. L. Cox Park is a portable facility mounted on a trailer, is too small to handle large numbers of park users, and requires frequent maintenance and major repairs. The bathhouse was previously bid in October 1995, but the bids were rejected as they were well above the budget. In an attempt to attract more bidders, the bathhouse project was combined with construction of a restroom and concession stand in W. L. Cox Park. At the August 5, 1996, City Council meeting, Staff was directed to further review the design of the bathhouse foundation. As a result of that study, the City Engineer recommends that the slab be placed on four feet of selected fill to reduce potential soil movement. The 1995-96 Non-Bond CIP budget for these projects is $475,000. Six bids were submitted. The low bidder is Rome Construction, Inc. With a base bid of $363,000. Three add alternates totaling $17,000 are recommended for a total project cost of $380,000. Councilman Grubbs explained Staff had adequately addressed his questions concerning the foundation of the new bathhouse. A motion by Councilman Grubbs, a second by Mayor Pro Tem Moses, all voting "aye", adopted Resolution No. 96-111 awarding the bid for demolition of the present bathhouse, construction of a new bathhouse at Don Showman Park, construction of a restroom/concession stand in W. L. Cox Park to Rome Construction, Inc., in the amount of $380,000, including add alternate Numbers 2, 3, and 4; and further recommends that a change order including the City Engineer's recommendation for the addition of four feet of select fill to the bathhouse foundation be executed by the City Manager. Vol. 72, Page 63 CONSIDER CARROLLTON-FARMERS BRANCH I S.D. PROPOSED SCHOOL BOUNDARY CHANGES INCLUDING CONSIDERATION OF CONSULTING SERVICES AND LEGAL OPTIONS AND TAKE ANY NECESSARY AND APPROPRIATE ACTION. Mayor Phelps asked City Manager Richard Escalante to begin the presentation. City Manager Richard Escalante stated City staff has a list of possible educational consultants and are in the process of calling these consultants. Mr. Escalante asked City Attorney John Boyle to make his presentation on the legal alternatives. City Attorney John Boyle stated there is not a lot of law or background in this area. Mr. Boyle stated the City of Dallas was found to have a dual system and is still under a court order. Mr. Boyle stated the Carrollton-Farmers Branch school district in 1963 had a law suit filed on the same basis of a dual system. Mr. Boyle stated an agreement was reached and a court order was entered. Mr. Boyle stated he has a copy of the court order, however it did not have attached the agreement or plan. Mr. Boyle stated he is also seeking copies of the procedures and policies of the School Board. Mr. Boyle explained it was his view that the information compiled is relevant information and should be included in any decision making process. Mr. Boyle stated the important point to bring to the School Board is equal educational opportunities which is a constitutional issue. Mr. Boyle felt the best approach is to have some help as quickly as you can get it and second is to look for people here in the City that fall into certain categories and see if they would be interested in going forward. Mr. Boyle stated a taxpayer or a minority parent of a student have additional matters that are more relevant. Mr. Boyle stated his recommendation to the City Council is to take this information to the School Board and make a formal request to call a public hearing where the Council would have the opportunity to present actual evidence and build a record. Mr. Boyle stated if the School Board refuses to call a public hearing you can take the matter under the Texas Education Code directly into district court and request an injunction. Mr. Boyle stated if the School Board allows a public hearing and a decision is made to proceed with the School staff recommendation the City would have two choices. Mr. Boyle stated the City Council could consider an appeal to the Texas Board of Education or go directly into district court. Councilwoman Davis asked if the first thing to do is ask for a public hearing. Mr. Boyle stated this was correct. Vol. 72, Page 64 Mayor Phelps asked if the City Council could ask for this public hearing at the meeting with the School Board tomorrow. Mr. Boyle stated the request for a public hearing should be made on a formal basis at the School Board meeting and have the basic factual presumption the City believes they can prove. Mayor Phelps stated he had talked with Don Sheffield this afternoon who was the School Board president for many years. Mayor Phelps stated Mr. Sheffield remembered the 1962 case involving the Carrollton-Farmers Branch school district. Mayor Phelps stated in 1965 the agreement was reached and the school district would enter into a stair step plan to bring the schools into constitutional limits. Mayor Phelps explained Mr. Sheffield stated in the early 1970's there was a petition filed by Dallas to include all Dallas County schools in the desegregation. Mayor Phelps stated Mr. Sheffield stated at one time Farmers Branch tried to pull out of the district. Mayor Phelps also stated Mr. Sheffield had stated the legislature had changed this and a city could not pull out of a school district. Mr. Boyle explained that election was on the law that allowed for the creation of a municipal school district. Mr. Boyle stated that has been repealed. Mr. Boyle explained the law allows for taxpayers within a school district to create a new school. Mr. Escalante stated that a memo from Mr. Boyle concerning this issue was not put in the City Council packet. Mr. Escalante stated there is a two criteria issue besides having an election; there must be nine square miles and a city must have at least an 8,000 average daily attendance of students. Mr. Escalante stated the City of Farmers Branch meets the nine square mile criteria but does not meet the 8,000 average daily attendance criteria. Mr. Escalante stated if this is something the City Council would like to pursue, the City Council might seek legislative amendments to change the minimum number of average daily attendance criteria. Mr. Escalante stated there was a situation with Las Colinas and Coppell residents. Mr. Escalante stated that was a different statute that relates to how you transfer from one district into another. Mr. Escalante explained this could be done in two phases. Mr. Escalante stated the district is created and then once created, attempt to see whether the rest of Farmers Branch students could be incorporated into this new district. Mayor Pro Tern Moses asked what the City Council hoped to accomplish at the joint meeting with the School Board other than a postponement. Mayor Pro Tern Moses asked if there was a postponement would that give the City time to hire a consultant. Vol. 72, Page 65 Councilwoman Davis stated the City Council should inform the School Board of how concerned we are and ask them not to vote on the boundary changes so the City can acquire information from the consultant. Mayor Phelps stated if the School Board does chose to vote on the boundary changes it will be extremely difficult to change back. Mr. Escalante stated City staff's position has not changed; there are other alternatives such as programs and academic alternatives. Mr. Escalante stated the City Council will have to decide what they want to communicate. Councilman Grubbs asked if calling a public hearing would prohibit the decision of the School Board. Mr. Boyle stated this would not prohibit the decision and the City would have, for the record, a denial from the School Board to call a public hearing. Councilman Pyle asked if the City Council had the necessary data to request that public hearing. Mayor Phelps asked if the School Board votes to approve the boundary changes can the City get an injunction. Mr. Boyle stated that would be one alternative to go into district court. Mr. Boyle stated if the School Board turns down the request for a public hearing the City would have two alternatives; seek an injunction or go to the State Commissioner on Education. Mayor Phelps asked if the boundary change would affect this school year. Mr. Escalante stated it would not affect this school year but the next school year. Mr. Escalante stated the School Board took input at the public meetings and would look at the information presented. Councilwoman Davis stated the School Board did accept the input but did not change the boundaries due to the input they received. Councilman Pyle suggested the City Council ask the School Board for a public hearing and if the City is turned down then inform the School Board of the City's legal options. Councilwoman Davis asked if the School Board did work with the City and asked how much time the City needed to get a consultant hired what would be the time frame. Vol. 72, Page 66 Mr. Escalante stated to get a report from a consultant, the City would need a minimum of 90 days. Mayor Phelps asked if the City Council should request 120 days. Mr. Escalante stated 120 days would be better. Mr. John Boyle stated the City Council should not be to quick on the selection process. Councilwoman Davis stated she spoke with Mayor Gravely of Carrollton and he would fully support the City and felt this was both a Farmers Branch and Carrollton problem. Mr. Boyle stated it would be very helpful if he would come forward at the School Board meeting. Mr. Escalante stated it was important to relay to the School Board all that the City Council had discussed at this meeting. Mr. Boyle suggested the City Council be considering individuals who could attend the School Board meeting and voice their opposition to the boundary changes. PRESENTATION AND REVIEW OF PROPOSED 1996-97 BUDGET. The City staff presented an overview of the 1996-97 proposed budget. ADJOURNMENT. A motion by Mayor Pro Tem Moses, a second by Councilman Grubbs, all voting "aye", adjourned the meeting at 9:15 p.m. Mayor 3 City Secretary Vol. 72, Page 67