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1997-08-04 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING AUGUST 4, 1997 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Bob Phelps Calla Davis Charlie Bird Berry Grubbs Bill Moses Jim Robbs The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney Communication Director Economic Development Director Director of Community Services City Engineer Director of Finance Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works Assistant to the City Manager Traffic Engineer Recording Secretary The following member of City Administration was absent: Richard L. Escalante Linda Groomer John F. Burke L. Stan Lowry Donna Huerta Norma Nichols Tom Scales Jerry Murawski Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux Margaret Somereve Dave Davis Suzanne Reynolds City Secretary Cindee Peters Mayor Phelps called the City Council Meeting of August 4, 1997, to order at 7:35 P.M. The meeting was televised. A.1 INVOCATION. Reverend Sam Underwood, First Baptist Church, gave the invocation and Councilman Bird led the pledge of allegiance to the flag. L~ A.2 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. Volume 75, page 64 A.3 REPORT ON STUDY SESSION ITEMS Mayor Phelps 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.1 - B.4. Mayor Phelps stated 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 Tern Davis, seconded by Councilman Moses, all voting "aye," added items D.1 and D.2 to the Consent Agenda. A motion by Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye," approved the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JULY 21, 1997. B.2 CONSIDER A REQUEST BY GRAHAM ASSOCIATES, INC., FOR SITE PLAN APPROVAL OF AN ADDITION TO THE PARKING LOT ON THE PROPERTY LOCATED AT 1801 VALLEY VIEW LANE, THE NORTHEAST CORNER OF KEENAN BRIDGE ROAD AND VALLEY VIEW LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 22 ZONING DISTRICT. B.3 ADOPTED RESOLUTION 97-106 AUTHORIZING THE PURCHASE OF TWO COPY MACHINES. B.4 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE AND INDEMNITY AGREEMENT WITH BLUE LAKE PARTNERS, LTD. FOR ACCESS TO THEIR PREMISES FOR AN OUTDOOR CONCERT. D.1 ADOPTED ORDINANCE NO. 2333 EXTENDING THE MORATORIUM ON THE ISSUING OF BUILDING PERMITS FOR THE-CONVERSION, ALTERATION, OR MODIFICATION OF GARAGES, CARPORTS AND OTHER VEHICULAR STORAGE STRUCTURES THAT WOULD PROHIBIT, PRECLUDE OR PREVENT THE STRUCTURE FROM STORING VEHICLES AS ORIGINALLY DESIGNED, FOR A PERIOD OF SIXTY DAYS. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, EXTENDING THE MORATORIUM ON THE ISSUING OF ANY BUILDING PERMIT THAT PROPOSES TO ALTER, CONVERT OR MODIFY AN EXISTING GARAGE, CARPORT OR OTHER VEHICULAR STORAGE STRUCTURE TO AN EXTENT THAT WOULD PROHIBIT, PRECLUDE OR PREVENT THE STRUCTURE Volume 75, page 65 FROM STORING VEHICLES; TAKING EFFECT AUGUST 18, 1997 AND REMAINING IN EFFECT THROUGH OCTOBER 20, 1997. D.2 ADOPTED ORDINANCE NO. 2341 IMPOSING A MORATORIUM ON ZONING AMENDMENTS, SITE PLAN APPROVALS, BUILDING PERMITS, AND CERTIFICATES OF OCCUPANCY RELATIVE TO THE CONSTRUCTION OR OCCUPANCY OF SEXUALLY ORIENTED BUSINESSES, RETAIL STORE SALES CONSISTING PRIMARILY OF SPECIALTY AND NOVELTY ITEMS, BUSINESSES ENGAGED IN TATTOOING, BODY PIERCING OR SCARRING, AND CONDOM SHOPS OR OTHER BUSINESSES ENGAGED IN THE SALE OR DISPLAY OF SEXUALLY RELATED PRODUCTS OR MATERIALS WITHIN THE CITY OF FARMERS BRANCH, TAKING EFFECT AUGUST 4, 1997 AND REMAINING IN EFFECT THROUGH NOVEMBER 3, 1997. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, IMPOSING A MORATORIUM ON ALL ZONING AMENDMENTS, SITE PLAN APPROVALS, BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY RELATIVE TO THE CONSTRUCTION OR OCCUPANCY OF SEXUALLY ORIENTED BUSINESSES, RETAIL STORE SALES CONSISTING PRIMARILY OF SPECIALTY AND NOVELTY ITEMS, BUSINESSES ENGAGED IN TATTOOING, BODY PIERCING OR SCARRING, AND CONDOM SHOPS OR OTHER BUSINESSES ENGAGED IN THE SALE OR DISPLAY OF SEXUALLY RELATED PRODUCTS OR MATERIALS WITHIN THE CITY OF FARMERS BRANCH, TAKING EFFECT AUGUST 4, 1997 AND REMAINING IN EFFECT THROUGH NOVEMBER 3, 1997. Mayor Phelps read Consent Agenda captions for the home audience and home viewers. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status of various projects and activities in the City. Mr. Escalante stated there were visitors in the Council Chambers from the Police Department. Officer Thad LaBarre and Quintor of the canine unit of the Police Department were present to show the Mayor and City Council the first place trophy they received during the K-9 Training and Certification competition in Williamson County. Chief Jimmy Fawcett stated the Police Department is proud of the canine unit. The canine unit is well recognized throughout the area with Federal agencies, as well as other agencies. Chief Fawcett stated he cannot say enough about the quality of work and recognition that Officer LaBarre and Quintor receive. Mayor Phelps stated the trophy should be placed in the Police Volume 75, page 66 Department's trophy case. D.1 CONSENT. D.2 CONSENT. D.3 CONSIDER ADOPTING RESOLUTION NO.97-102 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH REED ENGINEERING FOR ENGINEERING AND GEOTECHNICAL SERVICES AT THE CITY'S CAMELOT LANDFILL FACILITY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. To insure that the City of Farmers Branch Camelot Landfill complies with the Subtitle "D" regulations, staff has negotiated an agreement with Reed Engineering Group for engineering and geotechnical services at the Camelot Landfill Facility. The landfill is regulated by, and must comply with Subtitle "D" regulations of the Environmental Protection Agency, which are enforced through the Texas Natural Resource Conservation Commission. The engineering agreement outlines the services to be performed to comply with Subtitle "D" regulations. The regulations consist of quarterly ground water and methane gas monitoring. Engineering and Geotechnical Services provided by Reed Engineering Group will include services that comply with Texas Natural Resource Conservation Commission rules and regulations, and preparation of plans for future cells. The costs associated with this contract with Reed Engineering Group for an amount not to exceed $122,670.00. The Director of Public Works recommends the adoption of Resolution No. 97-102 authorizing the City Manager to execute an agreement with Reed Engineering Group for an amount not to exceed $122,670.00 for engineering and geotechnical services at the Camelot Landfill Facility. There being no discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 97-102 authorizing the City Manager to execute an agreement with Reed Engineering Group for an amount not to exceed $122,670.00 for engineering and geotechnical services at the Camelot Landfill Facility. D.4 CONSIDER COUNCIL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Councilman Robbs stated he attended the Association of Mayors, Councilmembers and Commissioners Conference in Waco from July 25 through July 27, 1997. Councilman Robbs stated he spent three days attending various informative seminars. Councilman Robbs stated he delivered some reports on the conference to Mr. Escalante. Councilman Robbs stated one of the best seminars he attended was given by Mr. Escalante on Small City Budgeting. Volume 75, page 67 Councilman Robbs thanked the Council for the opportunity to attend this conference. Councilman Bird stated he also attended the Association of Mayors, Councilmembers and Commissioners Conference in Waco with Councilman Robbs. Councilman Bird stated he feels that Councilman Robbs is an asset to the City of Farmers Branch. Councilman Bird stated each time he attends a conference, his objective is to meet and discuss related problems and solutions with other city officials. Councilman Bird stated some of the seminars he attended were Crime Reduction Success, Community of Cities, Government that does Things Better, Reinventing Government, and Small City Budgeting. Councilman Bird stated he received information on Council travel. Councilman Bird stated in response to traveling expenses: (1) if you stop traveling, it saves very little, (2) window dressing, (3) can be counterproductive. Councilman Bird stated he received a letter from Fire Chief Kyle King explaining the benefits of the thermal imaging camera. Chief King explained with the thermal imaging camera firemen were able to pin- point the exact location of the fire, open the wall, and extinguish the fire with little damage to the home. Councilman Bird stated if the Council had not attended the NLC Conference in San Antonio, more than likely the City would not have the thermal imaging camera today. Councilman Bird stated there are approximately one-hundred thermal imaging cameras in the United States and the City of Farmers Branch has two. Councilman Bird also stated this is a direct result of staff and City Council travel. Councilman Bird also stated he reviewed and evaluated Mr. Escalante during his presentation. Councilman Bird stated as usual Mr. Escalante did an excellent job and represented the City in a professional manner. Mayor Pro Tern Davis stated she attended a Attorney General's Municipal Advisory Committee meeting on July 25, 1997. Mayor Pro Tern Davis also stated she was recently appointed to this committee. Mayor Pro Tern Davis stated she will be working as a committee member on revisions and updates of an Economic Development policy. Mayor Pro Tern Davis stated she received a briefing on the Texas Opening Meeting Act and Texas Open Records and brought back a couple of books to present to the City. Mayor Pro Tern Davis stated there will be another meeting with the Attorney General's Committee held at the TML Conference she will be attending. Volume 75, page 68 Mr. Escalante stated he also attended the Association of Mayors, Councilmembers and Commissioners Conference in Waco for one afternoon on Saturday, July 26, 1997. Mr. Escalante stated he was a speaker at one of the seminars entitled Small City Budgeting. Mr. Escalante stated there were approximately sixty-five participants, with three-fourths being newly elected officials and he was impressed to see them stay until late afternoon to discuss Municipal Budgeting. Mr. Escalante thanked the Council for giving him the opportunity to attend the conference and for being able to give the presentation. Mayor Phelps stated that in speaking with Councilman Robbs, Councilman Robbs had commented about talking to officials of other cities in Waco, and he feels that Farmers Branch is five years ahead of many other cities. Mayor Phelps stated some of the other cities are just now getting into things that Farmers Branch has been doing for years. Mayor Phelps stated he agrees with Councilman Robbs and feels Farmers Branch is ahead of most cities and it is due mostly to the City Manager and the good staff. A motion by Councilman Moses, seconded by Councilman Grubbs, all voting "aye," approved travel for the City Council and the City Manager to attend the National League of Cities Conference in Philadelphia in December, 1997. D.5 CITIZEN PARTICIPATION. No one came forward. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 2:00 P.M. STUDY SESSION. MAYOR PHELPS RECESSED THE EXECUTIVE SESSION AT 7:30 P.M. FOR THE REGULAR GENERAL SESSION. THE DISCUSSION BEGAN AT 6:40 P.M. AND CONCLUDED AT 7:30 P.M. 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.1 a DISCUSS PERSONNEL MATTERS --TEXAS GOVERNMENT CODE SECTION 551.074 1. DISCUSS APPOINTMENT TO THE ANIMAL SHELTER ADVISORY COMMITTEE. 2. DISCUSS APPOINTMENT OF MUNICIPAL COURT JUDGES. 3. DISCUSS APPOINTMENT TO THE PLANNING AND ZONING COMMISSION. Mayor Phelps and members of the City Council discussed appointments Volume 75, page 69 to the various boards as listed above. E.1 b DISCUSS LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS LAND ACQUISITION IN AN AREA BOUNDED BY TOM FIELD, EPPS FIELD AND DANNY LANE, AND TAKE APPROPRIATE ACTION. 2. DISCUSS LAND ACQUISITION OF PROPERTY ADJACENT TO CITY PROPERTY ON DENNIS LANE AND HAVENHURST. 3. DISCUSS OFFER TO PURCHASE CITY PROPERTY LOCATED AT 3220 BELTLINE ROAD. City Managers Linda Groomer and John Burke, and Director of Parks and Recreation Jeff Fuller, gave a report on possible land acquisition at various locations. E.1 c DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE - SECTION 551.071 1. DISCUSS PENDING LITIGATION RELATED TO THE CARROLLTON/FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT ATTENDANCE ZONE ISSUE. The City Attorney Stan Lowry and Mayor Bob Phelps updated the City Council on the attendance zone issue. 2. DISCUSS APPOINTMENT OF MUNICIPAL COURT JUDGES. Mayor Phelps stated the appointment to the Animal Shelter Advisory Committee would be postponed until the August 18, 1997 City Council meeting. Mayor Phelps stated the appointment of a Municipal Court Judge would be postponed until the August 18, 1997 City Council meeting. Mayor Phelps stated the appointment to the Planning and Zoning Commission would be postponed until the August 18, 1997 City Council Meeting. 3. CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on land acquisition. A motion by Mayor Pro Tern Davis, seconded by Councilman Robbs, all voting "aye," approved the purchase of property at 13352 Dennis Lane in the amount of $84,000. A motion by Councilman Moses, seconded by Councilman Grubbs, all voting "aye," approved the purchase of property at 2655 Mount View in the amount of $21,500. Mayor Phelps reported City staff updated the City Council on land Volume 75, page 70 acquisition in an area bounded by Tom Field, Epps Field, and Danny Lane. Mayor Phelps reported City staff updated the City Council on property located at 3220 Beltline Road. 4. CONSIDER NECESSARY ACTION ON PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported the City Attorney updated the City Council on the school issue. F.1 ADJOURNMENT. A motion by Councilman Moses, a second by Mayor Pro Tern Davis, all voting "aye", adjourned the City Council meeting of August 4, 1997, at 8:05 P.M. Mayor City Secretary Volume 75, page 71