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1997-12-01 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING DECEMBER 1, 1997 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers 11 Bob Phelps Calla Davis Charlie Bird Berry Grubbs Bill Moses James Robbs The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Communications Director Economic Development Director Director of Community Services Director of Planning City Engineer Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works Assistant to the City Manager Traffic Engineer Recording Secretary Richard L. Escalante Linda Groomer John F. Burke John Boyle Cindee Peters Donna Huerta Norma Nichols Tom Scales Michael Spicer Jerry Murawski Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux Margaret Somereve Dave Davis Suzanne Reynolds Mayor Phelps called the City Council Meeting of December 1, 1997 to order at 7:40 P.M. The meeting was televised. A.1 INVOCATION. Student City Secretary Romina Piersanti gave the invocation Student Mayor Pro Tern Nadia Khan gave the pledge of allegiance to the flag. A.2 INTRODUCE STUDENT GOVERNMENT DAY PARTICIPANTS AND PROCLAIM DECEMBER 1, 1997 AS W. T. WHITE STUDENT GOVERNMENT DAY IN FARMERS BRANCH. Mayor Phelps introduced Mrs. Reep, Government Teacher and Mrs. Nee, Volume 76, page 90 Dean of Instruction. He also asked parents of the Student Government Day participants to stand. Mayor Phelps read a proclamation and presented the proclamation to Student Mayor Ferguson of W. T. White High School. Mayor Phelps introduced the students and presented certificates to each student for their participation. A.3 CONSIDER ACCEPTING A $1,000 GRANT FROM OSHMAN'S GRANTS FOR GIRLS PROGRAM TO BE USED FOR GYMNASTICS EQUIPMENT AT THE DON SHOWMAN RECREATION CENTER. Student Mayor Ferguson presented the following information. The girls' gymnastics program at the Don Showman Recreation Center has been selected by Oshman's Sporting Goods as a recipient of a $1,000 grant. The grant program is designed to promote and support girls' participation in sports and athletic endeavors and is an extension of Oshman's Women & Sports Day. The grant money will be used to purchase equipment and supplies for the gymnastics program. Staff will work with the gymnastics coach to determine how the funds can best benefit the program. The Director of the Parks and Recreation Department recommends accepting a $1,000 grant from Oshman's Grants for Girls Program to be used for gymnastics equipment at the Don Showman Recreation Center. Student Parks and Recreation Director Howerton stated the Parks and Recreation Department would like to thank Oshman's Sporting Goods for the $1,000 grant for the Girls Program at the Don Showman Recreation Center. He stated the grant will be used to purchase needed equipment and supplies for the girl's gymnastics program. Student Councilwoman McClain also wanted to thanked Oshman's Sporting Goods for their $1,000 grant. A motion by Student Councilwoman McClain, seconded by Student Councilman Plumbley, all voting "aye," accepted a grant of $1,000 from Oshman's Grants for Girls Program to be used for gymnastics equipment at the Don Showman Recreation Center. A motion by Councilman Robbs, seconded by Mayor Pro Tern Davis, all voting "aye," accepted a grant of $1,000 from Oshman's Grants for Girls Program to be used for gymnastics equipment at the Don Showman Recreation Center. A.4 PRESENTATION OF CERTIFICATE OF RECOGNITION TO THE CARROLLTON/FARMERS BRANCH SOCCER ASSOCIATION UNDER 10 GIRLS SOCCER TEAM, THE "FIRECRACKERS". Student Mayor Ferguson presented the following information. Councilman James Robbs placed this item on the agenda to recognize the Firecrackers soccer team for finishing their second soccer season Volume 76, page 91 undefeated. The team will travel to Austin December 6th and 7th to compete in the state tournament. Student Mayor Ferguson introduced the coaches and the Firecrackers soccer team members and presented them with a Certification of Recognition. A.5 PROCLAIM DECEMBER AS "NATIONAL DRUNK AND DRUGGED DRIVING PREVENTION MONTH" AND "NATIONAL LIGHTS ON FOR LIFE DAY". Student Mayor Ferguson read the proclamation and proclaimed December, 1997 as "National Drunk and Drugged Driving Prevention Month" and "National Lights on for Life Day". MAYOR'S ANNOUNCEMENT Mayor Phelps announced there will be a Christmas Party for under privileged children on Saturday, December 13, 1997 at the Valwood Baptist Church at 1 p.m. Mayor Phelps stated if there are any children that may not have a good Christmas, please contact Mrs. Ruth Lee or Mrs. Barbara Hess. A.6 PRESENTATION BY TCI CABLEVISION ANNOUNCING THE ADDITION OF THE DISNEY CHANNEL TO EXPANDED BASIC FOR SUBSCRIBERS FARMERS BRANCH. Mr. Mark Morrison of TCI Cablevision, announced as of November 1, 1997, the Disney Channel would be added to expanded basic at no additional charge to the subscriber. Mrs. Ela Sizemore of TCI Cablevision presented the Mayor and Council, and the Student Mayor and Student Council with gifts of appreciation. Student Councilman Plumbley stated this is a great gesture and a great Christmas present for all of TCI subscribers that use expanded basic, especially since it is free. Mayor Phelps thanked Mrs. Sizemore for the gifts. A.7 PRESENTATION OF SERVICE AWARDS Student Mayor Ferguson presented a 10 year employee service award to Gane Roberts of the Fire Department. Student Mayor Ferguson presented a 20 year employee service award to Bob Colwell of the Fire Department. A.8 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. Volume 76, page 92 A.9 REPORT ON STUDY SESSION ITEMS. Student Mayor Ferguson gave a brief summary of the items discussed in Study Session held prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.S. Student Mayor Ferguson 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 Student Mayor Pro Tern Khan, seconded by Student Councilwoman Hodge all voting "aye," approved the following items on the Consent Agenda. A motion by Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye," approved the following items on the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF NOVEMBER 17, 1997. B.2 APPROVED AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CHAMBER SYMPHONY OF THE METROCREST FOR FUNDING IN THE 1997-98 BUDGET. B.3 APPROVED THE REQUEST OF RODGER MEIER CADILLAC FOR SITE PLAN APPROVAL OF TWO ADDITIONS TO AN EXISTING BUILDING LOCATED AT 4707 LBJ FREEWAY, WITHIN THE PLANNED DEVELOPMENT NO. 39 ZONING DISTRICT. B.4 ADOPTED RESOLUTION NO. 97-183 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE DALLAS SYMPHONY ORCHESTRA FOR A POPS CONCERT, SATURDAY, JUNE 6, 1998 AT 8:00 P.M. IN AN AMOUNT NOT TO EXCEED $28,000. B.5 ADOPTED RESOLUTION NO. 97-182 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH VISION SERVICE PLAN FOR VISION SERVICE BENEFITS. C.1 CITY MANAGER REPORTS. Student City Manager Martin presented an informative report on the status and happenings of various projects in the City. C.2 CONSIDER THE REQUEST OF BLUE LAKE PARTNERS, LTD., FOR SITE PLAN APPROVAL OF A MULTI-STORY OFFICE DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF ALPHA LINK VALLEY Volume 76, page 93 VIEW LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 1 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Student Mayor Ferguson presented the following information. Blue Lake Partners, Ltd., is requesting approval of a site plan to allow the construction of a multi-story office building with a multi-level parking garage at the northeast corner of Alpha Link and Valley View Lane. The office building will be a ten-story office tower with a penthouse, approximately 161 feet tall, containing 250,000 square feet of gross floor area. In association with the office tower, a four-level parking garage, approximately 242,000 square feet in area will be constructed. Approximately sixteen percent of the site will be landscaped; ten percent is required. The Planning and Zoning Commission, by unanimous vote, recommends the site plan be approved as submitted. Mr. Jay Weir representing Weir & Associates, Inc., 4300 Beltway Place, Suite 130, Arlington, Texas, stated he and members of the project team would be available to answer any questions. Student Mayor Pro Tern Khan stated this is an excellent site plan for Farmers Branch. She would also like to commend Weir and Associates for landscaping sixteen percent when only ten percent was required. A motion by Student Mayor Pro Tern Khan, seconded by Deputy Mayor Pro Tern Plumbley, all voting "aye," adopted Resolution No. 97-185. A motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 97-185. D.1 DISCUSS ALLOWING DISD STUDENTS ATTENDING W.T. WHITE HIGH SCHOOL TO USE THE MANSKE LIBRARY AT NO CHARGE. Student Mayor Ferguson presented the following information. The 1997 W.T. White High School Student Government Day participants propose to have non-resident fees waived for students attending W. T. White High School. The current ordinance regarding non-resident library fees states that non-residents from cities that charge Farmers Branch residents to use their libraries be charged to use the library. Library staff will be available for questions. Staff recommends the appropriate ordinance be prepared for City Council approval to allow all non-resident W. T. White students to obtain library cards at no cost to students. Student City Secretary Piersanti gave a brief history of non-resident fees in Farmers Branch. Student Councilman Feimster stated the use of the Manske Library to non Farmers Branch residents would further their educational Volume 76, page 94 opportunities. He stated the Manske Library has more resources than some of the libraries in other cities. A motion by Student Councilwoman Hodge, seconded by Student Councilman Feimster, all voting "aye," directed staff to prepare the appropriate ordinance for City Council consideration to allow all non- resident W. T. White students to obtain library cards at no cost to students. A motion by Councilman Robbs, seconded by Councilman Moses, all voting" aye," directed staff to prepare the appropriate ordinance for City Council consideration to allow all non-resident W. T. White students to obtain library cards at no cost to students. D.2 CONSIDER ADOPTING RESOLUTION NO. 97-184 AWARDING A BID TO GOLDTHWAITES OF TEXAS, INC. FOR AN ANNUAL SUPPLY IRRIGATION PARTS FOR THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Student Mayor Ferguson presented the following information. Bid requests for an annual supply of irrigation parts were sent to five vendors. Four bids were returned and all met specifications. Prices will be honored through September 30, 1998. This bid package will insure that an adequate supply of irrigation parts will be available for both the Parks Division and the Historical Park Division throughout the year. All vendors were notified in the specifications that the bid was based on estimated quantities and the total low bid would be awarded to the lowest overall bidder. The total low bid of $39,412.61 was submitted by Goldthwaites of Texas, Inc. The 1997-98 Parks and Recreation budget includes $40,000 for irrigation supplies. The Director of the Parks and Recreation Department recommends adopting Resolution No. 97-184 awarding a bid to Goldthwaites of Texas, Inc. for an annual supply of irrigation parts for the Parks and Recreation Department not to exceed $40,000.00. Student Councilman Plumbley asked the Student Parks and Recreation Director Howerton if the city has used Goldthwaites before. Student Parks and Recreation Director Howerton replied yes and they are more economical. Student Councilman Plumbley asked if the City has had any problems with Goldthwaites. Student Parks and Recreation Director Howerton replied the City has had no problems with Goldwaites. Student Mayor Ferguson asked what has Goldthwaites sold before. Volume 76, page 95 Student Parks and Recreation Director Howerton replied they sold the City irrigation supplies. Student Councilman Plumbley stated he was pleased the bid came in below budget. Student Councilman Plumbley asked Student Parks and Recreation Director Howerton if the parts will be used on the new outstanding beautification plan along Marsh and Webb Chapel when the red tip photenias and other shrubbery are planted this month. Student Councilman Plumbley stated this is a good idea and complimented the Parks and Recreation Department. He also stated it would be a good Christmas present to the residents of Farmers Branch if they are planted before Christmas. A motion by Student Councilman Plumbley, seconded by Student Councilman Feimster all voting "aye," adopted Resolution No. 97-184 awarding a bid to Goldthwaites of Texas, Inc. for an annual supply of irrigation parts for the Parks and Recreation Department. A motion by Councilman Grubbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 97-184 awarding a bid to Goldthwaites of Texas, Inc. for an annual supply of irrigation parts for the Parks and Recreation Department. Mr. Jeff Fuller, Director of Parks and Recreation, stated in reference to Councilman Birds request to have planting done before Christmas, there was a delay; however, planting will begin this week. D.3 CONSIDER ADOPTING RESOLUTION NO. 97-181 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BYRNE JOHNSON, INC., FOR MARKETING SERVICES ASSOCIATED WITH THE FARMERS BRANCH REDEVELOPMENT PROGRAM, AND TAKE APPROPRIATE ACTION. Student Mayor Ferguson presented the following information. In order to stimulate redevelopment within the City's existing residential neighborhoods, the City is pursuing a redevelopment project in the area bounded by Tom Field Road, Farmers Branch Lane and Epps Field Road. As part of that project, there are three areas of expertise for which consultant assistance is needed: urban design, marketing and public relations training. The award for urban design services was approved at the November 17, 1997 City Council meeting. A ten-member staff committee reviewed responses to the City's Request for Proposals, and interviewed five consultants for marketing and public relations training. After evaluating all the prospective consultants, staff recommends the services of Byrne Johnson, Inc., be selected to provide marketing services associated with the redevelopment project. Staff recommends contracting with the firm of Byrne Johnson, Inc., for marketing services in the amount of $99,000. Funding is available in the Non-Bond Capital Improvement Program budget for this expenditure. Volume 76, page 96 A motion by Student Councilwoman McLain, seconded by Student Councilwoman Hodge, all voting "aye," adopted Resolution No. 97-181 authorizing the City Manager to execute an agreement with Byrne Johnson, Inc., for marking services associated with the neighborhood redevelopment program. A motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 97-181 authorizing the City Manager to execute an agreement with Byrne Johnson, Inc., for marking services associated with the neighborhood redevelopment program. D.4 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Phelps stated it was discussed in the Study Session for Council to travel to Garbsen, Germany, a Sister City of Farmers Branch. He stated Garbsen will be dedicating their new city hall in February, 1998 and have invited the officials of Farmers Branch to attend. Mayor Phelps also commented when Farmers Branch dedicated their new city hall, the officials of Garbsen attended. A motion by Mayor Pro Tern Davis, seconded by Councilman Robbs, all voting "aye," approved for Councilmembers and the City Manager to travel to Garbsen, Germany. Mr. Escalante stated on Friday he would be attending a meeting in Austin on the Professional Development of the Texas City Management Association. He stated he chairs the committee. Mr. Escalante stated on December 1 1-12, he will be attending the Innovations Group Board of Directors Meeting, of which he is the state's coordinator. He stated members from throughout the country will attend and he will be attending the Membership Advisory Board meeting. 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 4:30 P.M. STUDY SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:10 P.M. AND CONCLUDED AT 7:20 P.M. FOR THE GENERAL SESSION. 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. Volume 76, page 97 E.1 a DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE - SECTION 551.074 1. DISCUSS APPOINTMENT TO THE ANIMAL SHELTER ADVISORY COMMITTEE. 2. DISCUSS APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS. 3. DISCUSS APPOINTMENTS TO THE VALWOOD IMPROVEMENT AUTHORITY. Mayor Phelps and members of the City Council discussed appointments to various boards. E.1 b DISCUSS LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT 12705 DENTON DRIVE. Mayor Phelps stated staff gave a report on possible land acquisition. E.1 c DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. DISCUSS POTENTIAL LITIGATION RELATED TO THE CARROLLTON- FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT ATTENDANCE ZONE ISSUE. Mayor Phelps reported there was no update on the attendance zone issue. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the appointment to the Animal Shelter Advisory Committee would be postponed until the December 15, 1997 City Council meeting. Mayor Phelps called for necessary action on personnel matters. A motion by Student Councilmember Adam Plumbley, a second by Student Councilmember Jennifer Hodge, all voting "aye", reappointed Bill Beattie, Herbert Hooker and Junie Smith to the Zoning Board of Adjustment and Building Code Board of Appeals for a term to expire Volume 76, page 98 December 1, 1999 and moved Phil Sizer from Alternate Place 2 to Place 4 vacated by Bill Hinckley for a term to expire December 1, 1999 and appointed Bruce DeGrasse for the Alternate Place 2 position with the term to expire December 1, 1998. A motion by Deputy Mayor Pro Tern Bird, a second by Mayor Pro Tern Davis, all voting "aye", reappointed Bill Beattie, Herbert Hooker and Junie Smith to the Zoning Board of Adjustment and Building Code Board of Appeals for a term to expire December 1, 1999 and moved Phil Sizer from Alternate Place 2 to Place 4 vacated by Bill Hinckley for a term to expire December 1, 1999 and appointed Bruce DeGrasse for the Alternate Place 2 position with the term to expire December 1, 1998. A motion by Student Councilmember Kauli McClain, a second by Student Councilmember Adam Plumbley, all voting "aye", reappointed Michael Fitzpatrick and Buddy Rees to the Valwood Improvement Authority for a term to expire December 31, 1999. D A motion by Councilman Grubbs, a second by Councilman Robbs, all voting "aye", reappointed Michael Fitzpatrick and Buddy Rees to the Valwood Improvement Authority for a term to expire December 31, 1999. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on land acquisition. A motion by Student Councilmember Garet Feimster, a second by Student Councilmember Kauli McClain, all voting "aye", authorized the City Manager to enter into the nine month free lease agreement with Edward and Maureen Burford to lease 12705 Denton Drive and to authorize the payment of one thousand dollars as full relocation settlement. A motion by Councilman Moses, a second by Deputy Mayor Pro Tem Bird, all voting "aye", authorized the City Manager to enter into the nine month free lease agreement with Edward and Maureen Burford to lease 12705 Denton Drive and to authorize the payment of one thousand dollars as full relocation settlement. E.4 CONSIDER NECESSARY ACTION ON PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported there was no update given on the school issue. Volume 76, page 99 City Manager Richard Escalante stated staff is checking with the City Attorney to research if the City can offer a reward for the fire at the Historical Park. Mr. Escalante explained if a reward is possible an emergency meeting of the City Council may be needed. F.1 ADJOURNMENT. A motion by Student Councilmember Nadia Khan, a second by Student Councilmember Kauli McClain, all voting "aye", adjourned the City Council meeting of December 1, 1997, at 8:47 p.m. A motion by Deputy Mayor Pro Tern Bird, a second by Councilman Moses, all voting "aye", adjourned the City Council meeting of December 1, 1997, at 8:47 p.m. Mayor ha, City Secretary Volume 76, page 100