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1998-04-06 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING APRIL 6, 1998 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tern Calla Davis Councilmembers Charlie Bird Berry Grubbs Bill Moses Jim Robbs The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Groomer Assistant City Manager John F. Burke City Attorney John Boyle City Secretary Cindee Peters Communication Director Donna Huerta Economic Development Director Norma Nichols Director of Community Services Tom Scales Planning Analyst Steve Simms Building Official Jim Olk City Engineer Jerry Murawski Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Library Director Mary Jane Stevenson Police Chief Jimmy Fawcett Fire Chief Kyle King Director of Equipment Services Don Moore Director of Public Works Mark Pavageaux Assistant to the City Manager Margaret Somereve Assistant to the City Manager John Roach Traffic Engineer Dave Davis Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council Meeting of April 6, 1998, to order at 7:32 P.M. The meeting was televised. A.1 INVOCATION. Reverend Sam Underwood, First Baptist Church of Farmers Branch gave the invocation and Councilman Robbs led the pledge of allegiance to the flag. Volume 76, page 73 A.2 PRESENTATION OF AWARD TO ALLAN MOORE TO RECOGNIZE HIS EFFORTS IN WRITING A PARKS AND RECREATION MASTER PLAN FOR THE CITY OF FARMERS BRANCH. Mayor Phelps presented the following information. Allan Moore, Parks and Recreation Board member, has produced a three volume Master Plan for the Department. The Master Plan, which is the Department's first, was written and compiled over a two-year period and involved an estimated 2,000 hours in research, preparation, writing, and editing. Impressively, Mr. Moore's research included numerous interviews of people who were involved as volunteers as early as the 1950s in providing opportunities for organized recreation in Farmers Branch baseball and football leagues. Much of that information would soon have been lost forever if Mr. Moore had not captured and recorded it. The Master Plan is arranged in three volumes. The first volume is a compilation of the Department's present inventory, including photos, site plans, and layout of each park property. The second volume includes information relative to goals, and present and future facility and program developments. The third volume is a proposed implementation plan. Presently, the Parks and Recreation Board is reviewing the Master Plan. When that review has been completed the Master Plan will be forwarded to City Council with a recommendation for adoption by the Council. The Master Plan will provide needed direction for citizens, City Council members, Parks and Recreation Board members, and staff. Having access to a Master Plan will help focus resources and determine priorities so they can be addressed in a logical, linear manner. For his efforts Mr. Moore has been awarded volunteer of the year recognition from the D/FW Area Parks and Recreation Directors' Association and the Texas Recreation and Parks Society. Staff estimates that to hire a consulting firm to complete a Master Plan as detailed and comprehensive as the one submitted by Mr. Moore would have cost the City $40,000. Based on Mr. Moore's efforts and his significant contribution to the City, the City Council would like to present Mr. Moore with this plaque representing our appreciation for his efforts. Mayor Phelps presented a plaque to Mr. Moore for all his hard work and dedication on the Master Plan for the Parks and Recreation Department. MAYOR'S ANNOUNCEMENT Mayor Phelps introduced Boy Scout Chris Thacker who is working on becoming an Eagle Scout. Mr. Thacker has to attend a City Council meeting and address the Council on an issue to qualify to be an Eagle Scout. Mr. Thacker read his letter to the City Council. Mayor Phelps announced the Council was invited to attend the Chamber Symphony of the Metrocrest and stated the performance was excellent. Volume 76, page 74 He stated the City received a certificate from the Chamber Symphony of the Metrocrest recognizing the City for its support. Mayor Phelps presented the certificate to the City Manager Richard Escalante. A.3 PROCLAIM THE WEEK OF APRIL 19-25, 1998, AS IMMUNIZATION AWARENESS MONTH IN THE CITY OF FARMERS BRANCH. Mayor Phelps read a proclamation and declared April 19 - 25, 1998 as Immunization Awareness month. A.4 PRESENTATION OF PLAQUE BY THE NORTHWEST FAMILY OUTREACH CENTER TO THE CITY OF FARMERS BRANCH. Mrs. Janice Wiley, co-president and Mary Cegleski, volunteer of the Northwest Family Outreach Center presented a plaque to the City Council for their support of this organization. A.5 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a five year employee service award to Melody Drake of the City Manager's Office. A.6 PRESENTATION OF BOARD APPLICATIONS There were no applications presented. A.7 REPORT ON STUDY SESSION ITEMS. Mayor Phelps 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.8. 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 Bird, all voting "aye," approved the following items on the Consent Agenda with the deletion of item B.8. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MARCH 16, 1998. B.2 APPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MARCH 24, 1998. Volume 76, page 75 B.3 APPROVED THE REQUEST OF STUDIO PLUS PROPERTIES FOR FINAL PLAT APPROVAL OF STUDIO PLUS ADDITION. B.4 APPROVED THE REQUEST BY DAVID C. SHANKS FOR FINAL PLAT APPROVAL OF CELLULAR WORLD ADDITION. B.5 APPROVED THE REQUEST OF WILCOX DEVELOPMENT SERVICES FOR APPROVAL OF A SITE PLAN FOR A 13-STORY OFFICE BUILDING AND A CONCEPT PLAN FOR ADDITIONAL OFFICE DEVELOPMENT AT 14221 NORTH DALLAS PARKWAY AND WITHIN THE PLANNED DEVELOPMENT NO. 53 ZONING DISTRICT. B.6 ADOPTED RESOLUTION NO. 98-049 AUTHORIZING THE CITY MANAGER TO EXECUTE A HOLD HARMLESS AGREEMENT WITH TU ELECTRIC. B.7 ADOPTED ORDINANCE NO. 2379 AMENDING ORDINANCE NO. 2031 TO EXTEND THE EXPIRATION DATE OF THE CITY-WIDE MASTER THOROUGHFARE PLAN BY ONE YEAR. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 2031 BY EXTENDING THE EXPIRATION DATE OF THE CITY-WIDE MASTER THOROUGHFARE PLAN BY ONE YEAR, AND PROVIDING A SEVERABILITY CLAUSE. B.8 DELETED CONSIDER ADOPTING RESOLUTION NO. 98-053 SUPPORTING INCREASED FEDERAL TRANSPORTATION FUNDING FOR TEXAS. Mayor Phelps read the Consent Agenda items to the home audience and home viewers. CA CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status of various projects and activities in the City. C.2 DISCUSS RECENT CONCERNS REGARDING TCI CABLEVISION'S SERVICE IN FARMERS BRANCH. Mayor Phelps presented the following information. On the March 16th Council Meeting, TCI was present at the request of Council to discuss recent changes, problems and concerns in programming, billing and general customer service. TCI stated that they would have to research many of the questions that were asked and return to this meeting to continue discussion with the City Council. A TCI representative is present. Volume 76, page 76 Mr. Bob Wade, 12465 Woodmanor Circle, stated he has concerns with his TCI bill and would like to receive a correct bill in the future. Mrs. Pat Bustos-Robinson, TO Cablevision, 1565 Chenault, Director of Governmental Affairs, stated she had spoken with Mr. Wade and assured him his TO bill would be taken care of. Mrs. Robinson gave detailed responses to questions she was asked at the March 16, 1998 City Council meeting. Following the responses Mrs. Robinson stated she would be available to answer any other questions the Council may have. Mayor Phelps stated the City does not hear as many complaints as TO does. However, when Councilmembers and the City Managers bills are not correct it is not a good sign for TCI. Mayor Phelps stated he is concerned for the citizens of Farmers Branch. Councilman Bird stated as a senior citizen he thanks TO for paying his last bill. Mayor Pro Tern Davis stated she had a few more questions for TCI. She stated to receive MSNBC it depended on the converter boxes. If you do not have a converter box and the cable goes directly to the television set then why isn't MSNBC received. Mayor Pro Tern Davis explained she has two television sets in her home and MSNBC is received on two different channels, 99 and 60. Mrs. Robinson asked if she had two different converter boxes. Mayor Pro Tern Davis replied she has no converter boxes. Mrs. Robinson stated one television set is cable ready and the other television set is an older model. Mr. Mark Morrison, TO General Manager, explained the frequency is not a channel, it has to be programmed in. The channel has to be physically added in and will vary on each television set. Mayor Pro Tern Davis stated the question has not been answered about why on some of the older televisions when the Prevue Channel was on Channel 50, it came back on Channel 56. Mr. Morrison stated every cable ready television is programmed by megahertz and not all cable ready televisions will be the same. Every manufacturer is different. Mayor Pro Tern Davis stated she did not have a problem with that. When they received the Preview Channel on 50 it was fine, when it returned on Channel 56 the picture was blurry. Volume 76, page 77 Mr. Morrison stated to resolve this problem TO would have to go out to individual houses to see what the problem is. He also stated if the television set has an auto scanner or auto search it would stop on MSNBC. Mr. Morrison did reiterate TO would be happy to go out to individual homes and program in the channels. Mayor Pro Tern Davis stated she received a call from Mr. Jack Neeley, property manager of Quebec House Apartments. Mr. Neeley stated the reception received at the apartments is of poor quality. Mayor Pro Tern Davis stated Mr. Neeley has a subcontractor "Gold Star" Cable which she believes wires the building. She stated when the subcontractor calls TCI, TO requires the subcontractor to wait because they will not set an exact appointment time, and the subcontractor charges $65 an hour. She stated when TO arrives the technicians tell the subcontractor they are at the end of the system and there is nothing else that can be done. Mayor Pro Tern Davis stated she feels this is another example of poor customer service. She stated Mr. Neeley was not able to attend. She also asked TO if they would contact Mr. Neeley to try and resolve this issue. Mayor Pro Tern Davis stated Mr. Neeley called TO and requested the mailing address of Mr. Marvin L. Jones, President of TCI in Denver and was refused the information. Mrs. Robinson stated TCI's office apparently did not have that information but she would be happy to get the address. Mayor Pro Tem Davis asked about the large percentage of taxes on Mr. Wade's bill. She asked if it was a normal procedure. Mrs. Robinson stated Mr. Wade's bill was a double bill. Mayor Pro Tern Davis asked what is TO doing to let the senior citizens know that the billing is being rectified. Mrs. Robinson stated TO sent each senior customer a letter explaining the error that was recently seen in their bill due to the billing conversion of one platform to another. Mayor Pro Tern Davis asked if the information on the web site has been corrected. Mrs. Robinson replied the Prevue Channel programs the information. Mayor Pro Tern Davis asked when will it be corrected. Mrs. Robinson replied she assumed it was corrected. She also stated TO has the corrected information in four different places. Volume 76, page 78 Mayor Pro Tern Davis stated last night a message was scrolling on the web site for viewers to watch the Prevue Channel. Mrs. Robinson stated TO would take the scroll off the web site. Mayor Pro Tern Davis asked if the web site will be corrected. Mrs. Robinson replied it will be corrected and updated. She also added that TO does not have control of printing the schedule off the web site. Mayor Pro Tern Davis asked if the channel listing will be corrected. Mrs. Robinson replied it will be updated. Mayor Pro Tern Davis stated she read an article indicating that TO would also be getting into financial services. She asked how does TO expect people to trust them with their finances, when they cannot trust TO to correct the TV stations or with customer service. Mrs. Robinson stated she expects after the conversion TO will do a much better job as they did prior to the conversion. Mayor Pro Tern Davis questioned whether the public would be willing to let TO handle their finances over the digital system. She stated with TCI's past history, it will be a tremendous sales job. Mr. Morrison stated TO will not be handling the money, it will be handled by Bank of America. Mayor Pro Tern Davis stated she does not understand why Bank of America wants to become involved with TCI. She stated her concerns are TO has spent many years giving poor customer service. How can TO expect people to trust them with their money? Mayor Pro Tern Davis stated she wanted to reassure Mrs. Robinson anything she has said at the Council meetings is in no way a personal attack on her. Her concerns are with TO and she wanted the audience to know that there is no animosity toward individuals working for TCI. Mayor Pro Tern Davis presented more questions to Mrs. Robinson and requested she return to the April 20, 1998 meeting with answers to those questions. Mrs. Robinson agreed to return. Mr. Wade stated he did not receive one of the mailings that went out to all the citizens. Mrs. Robinson stated they sent out a listing of the new line-up to all customers in March. She then gave Mr. Wade a copy of the letter and a listing of the new line-up. Volume 76, page 79 D.1 CONSIDER ADOPTING RESOLUTION NO. 98-045 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT RETIRING K-9 UNIT DOG, "QUINTOR," TO THE CARE AND CUSTODY OF OFFICER THAD LABARRE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The K-9 Unit dog, "Quintor," has been diagnosed by two veterinarians as having health problems which prevent him from carrying out duties expected of him. Both veterinarians have recommended that he be retired from service. Quintor was released of all police duties effective January 1998. Quintor will reside with his handler, Thad LaBarre. During his time with the Police Department, Quintor has gained a reputation as one of the most proficient drug dogs in the area. He is frequently called upon by State, local and Federal agencies. Following is a synopsis of seizures and arrests made by the K-9 team since 1994. Drugs seized/approximate street value - $842,476.00 Narcotic Searches - 600 Suspects Tracked - 70 Cash Seized - $41,564.62 The Chief of Police recommends adoption of Resolution No. 98-045 approving a contract to retire K-9 Unit dog, "Quintor," to the care and custody of Officer Thad LaBarre. Chief Jimmy Fawcett stated Quintor was the Police Department's second attempt in formulating a canine unit for the City. Quintor worked hard and did a good job for the city for four years. Since Quintor developed a spinal condition it has been difficult for him to work. The Police Department felt the humane thing to do was to retire him. Chief Fawcett stated the Police Department is looking forward to continuing the program with another dog in the future. Mayor Phelps asked if the new dog would be named Quintor II. Chief Fawcett stated the department does not have a choice in names, the dog is already named. Mayor Pro Tern Davis asked the Chief Fawcett to let the public know why it is not safe to have a retirement ceremony for Quintor. Chief Fawcett stated Quintor is a highly sensitive, highly strung dog and it could be a bad experience to have him attend a Council Meeting. Chief Fawcett stated Quintor follows commands but when he is brought into close quarters, many things could happen. For that reason, the Police Department felt it best not to bring him to the Council meeting. Mayor Phelps stated Quintor is a one person dog. There being no further discussion, a motion by Councilman Moses, Volume 76, page 80 seconded by Robbs, all voting "aye," adopted Resolution 98-045 approving a contract to retire K-9 Unit dog, "Quintor," to the care and custody of Officer Thad LaBarre. D.2 CONSIDER ADOPTING RESOLUTION NO. 98-050 AWARDING BID TO KEN-DO CONTRACTING FOR THE SIDEWALK CONSTRUCTION ON THE WEST SIDE OF WEBB CHAPEL ROAD FROM VALLEY VIEW LANE TO GOLFING GREEN DRIVE, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The construction of sidewalk on Webb Chapel Road was budgeted in the 1997-98 DART Local Assistance Program Fund in the amount of $100,000. Four bids were received and opened on March 24, 1998. All bids meet specifications. The low bidder is Ken-Do Contracting who submitted a bid of $51,703.75 with a contract time of 45 calendar days. Ken-Do Contracting has provided adequate qualifications and references for similar work. The proposed sidewalk improvements are located on the west side of Webb Chapel Road north of Valley View Lane to south of Golfing Green Drive. The design and surveying for this project has cost $4,750. Material testing is estimated at $400. Utility relocation has cost $1,320. A balance of $93,830 is available in the DART Local Assistance Program Fund for construction. The City Engineer recommends adopting Resolution No. 98-050 awarding the bid for the sidewalk improvements located on the west side of Webb Chapel Road north of Valley View Lane to Golfing Green Drive, to Ken-Do Contracting in the amount of $51,703.75. There being no discussion, a motion by Councilman Robbs, seconded by Councilman Grubbs, all voting "aye," adopted Resolution No. 98-050 awarding the bid for the sidewalk improvements located on the west side of Webb Chapel Road north of Valley View Lane to Golfing Green Drive, to Ken-Do Contracting in the amount of $51,703.75. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no reports or requests. D.4 CITIZEN PARTICIPATION. Mr. Nick Korba, 13210 Shahan Drive, stated at the corner of Josey Lane and Valley View Lane three of the corners are fixed up. The corner in front of the gasoline station is not been completed and he feels it should be. Mr. Escalante stated Council has asked staff to look into this matter and Volume 76, page 81 L report back on the status. 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 6:47 P.M. AND CONCLUDED AT 7:05 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. E.1 a DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE - SECTION 551.074 1. DISCUSS APPOINTMENTS TO THE LIBRARY BOARD. 2. DISCUSS APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION. Mayor Phelps and members of the City Council discussed personnel matters. E.1 b DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE - SECTION 551.072 DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT 13400 MIDWAY ROAD. 2. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT 2734 VALWOOD PARKWAY. 3. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT 13399 DENNIS LANE. Mayor Phelps and members of the City Council discussed possible land acquisition. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated this item will be postponed until the April 20, 1998 City Council meeting. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN EXECUTIVE SESSION. Mayor Phelps called for action on possible land acquisition. Volume 76, page 82 A motion by Councilman Moses, a second by Councilman Robbs, all voting "aye", adopted Resolution No. 98-047 amending Resolution No. 87-127 in its entirety and determining the necessity of acquiring right-of- way and easement located at 13400 Midway Road for the construction of street improvement in the widening of Midway Road and authorizing the use of condemnation or appropriation for acquiring said right-of-way and providing an effective date. A motion by Mayor Pro Tern Davis, a second by Councilman Moses, all voting "aye", authorized the City Manager to purchase the property at 2734 Valwood Parkway for $40,000. A motion by Councilman Bird, a second by Councilman Grubbs, all voting "aye", authorized the City Manager to acquire the property at 13399 Dennis Lane for $20,000. F.1 ADJOURNMENT. A motion by Councilman Bird, a second by Councilman Grubbs, all voting "aye," adjourned the City Council meeting of April 6, 1998, at 8:43 p.m. Y'O'e-, P Mayor f City Secretary J Volume 76, page 83