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1993-08-16 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING AUGUST 16, 1993 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem. Councilmembers The following member of the City Council was absent: Dave Blair Calla Davis Bill Moses Bob Phelps Nancy Hardie Ron Pyle 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 Assistant City Engineer Director of Finance Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works City Management Assistant Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish Donna Huerta Norma Nichols Tom Scales Michael Spicer Jerry Murawski Gary Oshel Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux David Reedy Vol. 64, Page 154 Traffic Engineer Dave Davis Recording Secretary Cindee Peters Mayor Blair called the City Council Meeting of August 16, 1993 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. A.2 CONSIDER ACCEPTING THE THIRD QUARTER DONATIONS TO THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Historical Preservation and Restoration Board has approved several donations to be added to the inventory. Mr. Dean Nichols, Chairman of the Historical Preservation and Restoration Board presented the list of the following donated items: An 1880 - 1900 kerosene chandelier, from Mrs. Sandy Ball, Farmers Branch. A 1920's Howe freight scale, John Landrum, Farmers Branch. Two Red Oak trees from the Zoecon Corporation, Dallas. A 1910 - 1920 fur hand warmer, a small wall rack, a butter paddle, a painting, and a pipe case, from Mrs. Mildred Alford, Dallas. A shirt blouse, petticoat, shoes, bonnet, small fur piece and two pill box hats, from Mrs. Margaret Squier, Carrollton. An 1874 edition of The Progressive Practical Arithmetic, the 1884 edition of Kellogg's Rhetoric, and an 1879 edition of Mc Guffey's Fifth Eclectic Reader revised edition, from Mr. & Mrs. Bruce Blatt, Farmers Branch. Eleven volumes of the 1912 Bassorah edition of The Book of the Thousand Nights and a Night, eight volumes of the 1904 edition of The Complete Works of Shakes e, five volumes of the 1924 edition of The Ridpath Library of Universal Literature, and eleven volumes of the 1924 deluxe edition of the Ridpath Library of Universal Literature, from Mrs. Sylvia Strange, Carrollton. The Historical Preservation and Restoration Board and the Director of the Parks and Recreation Department recommend accepting the third quarter donations to the Historical Vol. 64, Page 155 Park. A motion by Councilman Phelps, a second by Mayor Pro Tem Davis, all voting "aye", accepted the various donations for the Historical Park. A.3 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a five year employee service award to Bob Bull of the Parks and Recreation Department. Mayor Blair presented a five year employee service award to Richard Cannon of the Public Works Department. Mayor Blair presented a thirty year employee service award to Bob Phillips of the Fire Department. A.4 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.11. 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. B.1 APPROVED MINUTES OF THE CITY COUNCIL EMERGENCY MEETING OF JULY 8, 1993. B.2 APPROVED MINUTES OF THE CITY COUNCIL MEETING OF JULY 129 1993. B.3 ADOPTED RESOLUTION NO. 93-124 TO ACCEPT A STREET DEDICATION DEED PROVIDING RIGHT-OF-WAY TO THE CITY OF FARMERS BRANCH FOR A PORTION OF WESTSIDE PARKWAY. B.4 ADOPTED RESOLUTION NO. 93-125 TO ACCEPT A QUIT-CLAIM DEED GRANTED BY THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT FOR A 5.22 ACRE TRACT OF LAND PRESENTLY PART OF GUSSIE FIELD WATTERWORTH PARK. Vol. 64, Page 156 B.5 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 2067 AMENDING ORDINANCE NO. 1693 SPECIFYING THE PLACEMENT OF AN ALL-WAY STOP AT SENLAC DRIVE AND DIPLOMAT DRIVE. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1693; AND SPECIFYING THE PLACEMENT OF AN ALL WAY STOP AT SENLAC DRIVE AND DIPLOMAT DRIVE; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE. B.6 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 2068 AMENDING ORDINANCE NO. 1339 CHANGING THE SPEED LIMIT ON JOSEY LANE FROM THE SOUTH CITY LIMIT LINE TO 350 FEET NORTH OF THE NORTH CURB LINE OF VALLEY VIEW LANE TO 25 MILES PER HOUR. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING ORDINANCE NO. 1339 CHANGING THE SPEED LIMIT ON JOSEY LANE FROM THE SOUTH CITY LIMIT LINE TO 350 FEET NORTH OF THE NORTH CURB LINE OF VALLEY VIEW LANE TO 25 MILES PER HOUR; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE. B.7 ADOPTED RESOLUTION NO. 93-119 AWARDING BID TO REPLACE ROOF OF FIRE ADMINISTRATION OFFICE TO INDUSTRIAL ASSOCIATES ROOFING COMPANY IN THE AMOUNT OF $8,910.00. B.8 ADOPTED RESOLUTION NO. 93-120 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH APPLIED EARTH SCIENCES, INC. FOR CONTINUATION OF ENVIRONMENTAL SERVICES AT FIRE STATION NO. 1 IN AN AMOUNT NOT TO EXCEED $6,950. B.9 ADOPTED RESOLUTION NUMBER 93-118 RENEWING A CONTRACT WITH TRINITY RIVER AUTHORITY FOR COLLECTING AND ANALYZING WASTEWATER SAMPLES IN AN AMOUNT NOT TO EXCEED $8,000.00. B.10 ADOPTED RESOLUTION NO. 93-121 APPROVING A LANDSCAPING AND MAINTENANCE AGREEMENT WITH THE VALLEY VIEW PARK ESTATES HOMEOWNERS ASSOCIATION. Vol. 64, Page 157 B.11 ADOPTED RESOLUTION NO. 93-128 AWARDING THE BID FOR THE TRAFFIC SIGNAL INSTALLATION AT ALPHA ROAD AND VALLEY VIEW LANE TO SHARROCK ELECTRIC, INC. IN THE AMOUNT OF $24,903.90. D.3 ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 2063 AMENDING THE CITY'S 1992-93 OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 1992-93 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENTS PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. DA ADOPTED THE FOLLOWING CAPTIONED ORDINANCE NO. 2072 FOR THE ABANDONMENT OF CONCOURSE DRIVE RIGHT-OF-WAY ADJACENT TO BELTWAY/CHAMPION OFFICE PARK. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FOR ABANDONMENT OF ITS INTERESTS IN CONCOURSE DRIVE RIGHT-OF-WAY LOCATED ADJACENT TO BELTWAY/CHAMPION OFFICE PARK; AND DECLARING AN EMERGENCY. D.5 APPROVED REQUEST BY BELTWAY/CHAMPION JOINT VENTURE FOR FINAL PLAT APPROVAL OF BELTWAY/CHAMPION NO. 1. D.6 ADOPTED RESOLUTION NO. 93-129 GRANTING DART THE AUTHORITY TO ACQUIRE THE PARCEL BETWEEN ROSSFORD DRIVE AND DENTON DRIVE SOUTH OF PIKE STREET. D.7 ADOPTED RESOLUTION NUMBER 93-117 APPROVING THE ASSIGNMENT OF THE TAX ABATEMENT AGREEMENT FROM PACE MEMBERSHIP WAREHOUSE, INC., TO WAL-MART STORES, INC.. D.12 ADOPTED RESOLUTION 93-122 AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF DEVELOPER'S CONTRACT FOR RODEWAY INN - METRO SQUARE. D.13 ADOPTED RESOLUTION 93-123 AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF DEVELOPER'S CONTRACT FOR METRO Vol. 64, Page 158 SQUARE JOINT VENTURE. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of projects in the departments of the City. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF THE MAR THOMA (ST. THOMAS) CHURCH OF DALLAS TO CONSIDER AMENDING THE PLANNED DEVELOPMENT NUMBER 67 (PD-67) ZONING DISTRICT TO ALLOW CHURCH USES WITHIN THE ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. This public hearing was continued from the City Council's July 12, 1993 meeting pending a recommendation from the Planning and Zoning Commission. The PD-67 zoning district consists of a 6.9 acre tract of vacant land located on the east side of Luna Road approximately 2,000 feet south of the LBJ Freeway. The property is bounded by Lake Drive to the north and Crown Drive to the south. PD-67 allows a variety of commercial, office, manufacturing and retail uses but no church uses. All properties adjacent to the PD-67 tract are zoned PD, primarily for office and light industrial uses. The Comprehensive Plan recommends commercial mixed uses and high density residential development in this general area. The Mar Thoma Church of Dallas intends to erect a church facility on the property and is therefore requesting the zoning amendment. The Planning and Zoning Commission has recommended PD-67 be amended to allow church uses with a Specific Use Permit. If the proposed amendment is approved the applicant would be required to secure a Specific Use Permit from the City Council prior to commencing construction. The Planning and Zoning Commission, by unanimous vote, recommends the PD-67 zoning district be amended to allow church uses subject to the approval of a Specific Use Permit. Mayor Blair opened the public hearing. Mr. Thomas Mathew, representing Mar Thoma Church of Dallas, came forward and stated he was present to answer any questions the City Council might have. There being no one wishing to speak, a motion by Mayor Pro Tem Davis, a second by Councilman Phelps, all voting "aye", closed the public hearing. Councilman Moses asked what value does this remove from the tax rolls. Vol. 64, Page 159 Mr. Tom Scales replied he did not have the figures, but would check the tax rolls. Mr. Scales replied this parcel of land is undeveloped at this time and until the applicant received a SUP it is still taxable property. Mr. Scales explained he would have to check with Mr. Cox, Director of Finance, as to what portion of the property or all of the property would be removed from the tax rolls. Mr. Escalante stated tonight's decision would only permit churches in this zoning district and the applicant would be required to obtain a specific use permit for his church. Mr. Escalante stated this would have no impact on the tax roll tonight. Mayor Blair asked if the removal of the property from the tax rolls would depend on how the church used the property. Mr. John Boyle, City Attorney, replied the exemption goes to the church use and not ownership by a church. Mr. Boyle explained that only the buildings utilized for a church or church uses would be tax exempt. Councilman Phelps stated there were deed restriction on the property. Councilman Phelps explained in a staff memorandum it stated "the deed restrictions referred to by the property owner protesting the zoning amendment do not in any way restrict the actions of the City Council relative to amending the zoning of the subject property. Mr. Boyle explained any decision the City Council makes on the Zoning Ordinance has no effect on the deed restrictions. Mr. Boyle stated deed restriction are a private right between the property owners and whatever decision the Council makes does not eliminate any property owner the right to enforce those restrictions. Mayor Pro Tem Davis asked if the owner had a deed restriction against allowing churches, then a church could still possibly not be built. Mr. Boyle replied this was correct. There being no further discussion, a motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2070 to allow church uses in the PD-67 zoning district with a Specific Use Permit. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED, SO AS TO INDICATE CHURCH OR RECTORY AS A PERMITTED USE REQUIRING A SPECIFIC USE PERMIT IN THE PLANNED DEVELOPMENT NUMBER 67 ZONING DISTRICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING Vol. 64, Page 160 FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING THE DEVELOPMENT STANDARDS OF THE PLANNED DEVELOPMENT NO. 39 (PD-39) ZONING DISTRICT LOCATED AT THE NORTHWEST CORNER OF LBJ FREEWAY AND INWOOD ROAD AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Planned Development No. 39 (PD-39) zoning district is a high density office district generally bounded by the LBJ Freeway to the south, Welch Road to the west, Simonton Road and a 40' railroad right-of-way to the north, and Inwood Road to the east. Proposed amendments to the PD-39 zoning district development standards are similar to, and consistent with, those amendments approved for other PD zoning districts on the City's East Side last April as a complement to the creation of the Public Improvement District (PID) and the adoption of a new Master Thoroughfare Plan. The proposed amendments to PD-39 are compatible with the goals of the Comprehensive Plan and the City's land use and development policies relative to the East Side. The Planning and Zoning Commission, by unanimous vote, recommends proposed Ordinance No. 2071 be adopted to amend the PD-39 Development Standards. Mayor Blair opened the public hearing. Mr. Bill Dahlstrom, representing Hartford Fire Insurance Co., explained the owners were making changes to the development standards to make the property more flexible to develop and more competitive and marketable with other properties in the area. Mr. Dahlstrom stated his client and the City came up with an ordinance that both parties could agree upon. There being no further discussion, a motion by Councilman Moses, a second by Mayor Pro Tem Davis, all voting "aye", closed the public hearing. A motion by Councilwoman Hardie, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2071 amending the PD-39 development standards as recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, AS HERETOFORE AMENDED; BY ESTABLISHING REVISED DEVELOPMENT STANDARDS FOR THE PLANNED DEVELOPMENT NO. 39 (PD-39) ZONING DISTRICT Vol. 64, Page 161 ALLOWING HIGH DENSITY OFFICE USES, AND WHICH IS BOUNDED BY THE LBJ FREEWAY (I-635) TO THE SOUTH, WELCH ROAD TO THE WEST, SIMONTON ROAD AND A 40' RAILROAD RIGHT-OF-WAY TO THE NORTH, AND INWOOD ROAD TO THE EAST; REPEALING ORDINANCE NO. 1414; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. CA CONSIDER ADOPTING ORDINANCE NO. 2074 GRANTING HOMESTEAD EXEMPTIONS ON TAX ROLLS FOR 1993 AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Article 8, Section 1-b, of the Texas Constitution, Subsection (e), provides for a twenty percent (20%) maximum exemption on residence homestead in 1993. However, the amount of an exemption authorized pursuant to this subsection may not be less than five thousand dollars ($5,000). The current exemptions for the 1992 tax year are as follows: 20% residence homestead, $60,000 to citizens sixty-five (65) years of age or older, and $60,000 to citizens under disability insurance benefits under Federal Old Age Survivors and Disability Insurance. No change in exemptions is proposed for the 1993 tax year. Once again, the City is offering the maximum exemption for residence homestead allowed by State law. State law does not contain a maximum exemption for citizens sixty-five (65) years of age or older and citizens under disability insurance benefits, but the City's exemption for these is among the highest in suburban communities. Ordinance No. 2074 will provide for a twenty percent (20%) residence homestead exemption and a $60,000 exemption to citizens sixty-five (65) years of age or older and a $60,000 exemption to citizens on disability insurance benefits under Federal Old Age Survivors and Disability Insurance. Staff recommends the adoption of Ordinance No. 2074. There being no discussion, a motion by Councilman Phelps, a second by Councilwoman Hardie, all voting "aye", adopted the following captioned Ordinance No. 2074. AN ORDINANCE GRANTING AN EXEMPTION FOR THE TAXABLE YEAR OF 1993 TO A MARRIED OR UNMARRIED ADULT, INCLUDING ONE LIVING ALONE, FROM AD VALOREM TAXATION OF TWENTY PERCENT (20 OF THE MARKET VALUE OF RESIDENCE HOMESTEAD, BUT NOT LESS THAN FIVE THOUSAND DOLLARS ($5,000.00); GRANTING AN EXEMPTION OF $60,000 OF THE ASSESSED VALUATION OF RESIDENCE HOMESTEADS OF PERSONS WHO ARE DISABLED INSURANCE AND OF PERSONS SIXTY-FIVE (65) YEARS OF AGE OR Vol. 64, Page 162 OLDER FOR SAID YEAR; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY. D.1 CONSIDER AMENDING THE CONDITIONS OF APPROVAL RELATIVE TO THE HERITAGE SQUARE CONCEPTUAL MASTER PLAN FOR A 19.67 ACRE TRACT LOCATED AT THE NORTHWEST CORNER OF LBJ FREEWAY AND INWOOD ROAD AND WITHIN THE PLANNED DEVELOPMENT NO. 39 (PD-39) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Heritage Square property is located west of the Oxy Tower office building and north of the Hilton Hotel on the north side of the LBJ Freeway. Two existing office towers, 10 and 11 stories tall, and a parking garage presently occupy a portion of the site; the remainder is vacant. On June 23, 1986, the City Council approved a conceptual master plan for the Heritage Square site which established road alignments and building areas accommodating approximately 2.5 million gross square feet of high-rise office development. The two existing office towers were integrated into the conceptual development plan. Ten conditions were included as part of the concept plan's approval. These conditions require that specific building sites be developed in phases linked to construction of specific roadway improvements. The proposed amendments to the approval conditions would provide greater flexibility in developing individual building sites and require the property owner to construct only those roadway improvements required by the revised Thoroughfare Plan. The approved concept plan is not being altered. The proposed amendments are similar to and consistent with amendments approved for other PD zoning districts on the City's East Side last April as a complement to the creation of the Public Improvement District (PID) and adoption of the new Master Thoroughfare Plan. The Planning and Zoning Commission, by unanimous vote, recommends adoption of proposed Resolution 93-126 amending the conditions of approval for the Heritage Square concept plan. There being no discussion, a motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", adopted Resolution 93-126 amending the conditions of approval for the Heritage Square concept plan. D.2 CONSIDER ORDINANCE NO. 2065 ON THE SECOND READING AMENDING EXISTING FRANCHISE ORDINANCE NO. 1928 BETWEEN TEXAS UTILITIES ELECTRIC COMPANY AND THE CITY OF FARMERS BRANCH AND TAKE THE Vol. 64, Page 163 APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. On July 12, 1993 the City Council passed Ordinance No. 2065 on the first reading. In May of 1991 Ordinance 1928 renewed a Franchise Agreement between Texas Utilities Electric Company and the City of Farmers Branch. That Ordinance continued to require TU Electric to pay a 3 % franchise fee to the City, but contained a clause which would allow the City of Farmers Branch to receive a higher franchise fee if another City served by TU Electric was to receive a fee higher than 3 Recently, the City of Dallas and TU Electric agreed on a Franchise which would pay the City of Dallas a 4% franchise fee. The new Dallas franchise also limits the City of Dallas reimbursement of rate case expenses eligible under Section 24 of the Public Utilities Code Regulations. Ordinance 2065 would amend the Farmers Branch Franchise Ordinance 1928 and increase the franchise fee paid to the City from 3 % to 4 This will increase revenue to the City this year by an estimated $425,000 and $465,000 during the 1993-94 budget year. The utility rates that TU Electric charges residents and businesses are the same throughout the entire area served by TU Electric. Therefore, the utility rates paid by residents and businesses in the City of Farmers Branch will be the same whether a three or a four percent franchise fee is charged by the City. Since the first reading on July 12, 1993 the City of Farmers Branch has been offered a provision which modifies the reimbursement of rate expense and which is included in Section 5 of Ordinance 2065. The Assistant City Manager recommends approval of Ordinance 2065 amending the Franchise with TU Electric on the second reading. Mayor Blair explained this ordinance would not raise the rates for citizens. A motion by Councilman Phelps, a second by Mayor Pro Tem. Davis, all voting "aye", adopted the following captioned Ordinance No. 2065 on the second reading. AN ORDINANCE AMENDING EXISTING FRANCHISE ORDINANCE 1928 BETWEEN THE CITY AND TEXAS UTILITIES ELECTRIC COMPANY TO PROVIDE FOR A DIFFERENT FRANCHISE FEE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TEXAS UTILITIES ELECTRIC COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO Vol. 64, Page 164 THE PUBLIC AS REQUIRED BY LAW. D.3 CONSENT. DA CONSENT. D.5 CONSENT. D.6 CONSENT. D.7 CONSENT. D.8 CONSIDER ADOPTING RESOLUTION NO. 93-116 AWARDING THE BID FOR RECONSTRUCTION OF DRIVE APPROACHES AND THE SIDEWALK LOCATED ALONG THE NORTH SIDE OF VALLEY VIEW LANE BETWEEN WEBB CHAPEL ROAD AND MOUNT CASTLE DRIVE TO HASTY CONTRACTOR SERVICE INCORPORATED AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Four bids were received and opened on July 12, 1993. The low bidder was Hasty Contractor Service Incorporated submitting a bid of $31,679 with a contract time of thirty calendar days. The work will consist of removing the existing sidewalk and constructing a new sidewalk abutting the curb, and the widening of drive approaches along the north side of Valley View Lane between Webb Chapel Road and Mount Castle Drive. On January 4, 1993, the City Council responded to concerns from citizens regarding traffic safety and congestion along westbound Valley View Lane between Webb Chapel and Mount Castle during evening rush hour. The City Council passed Ordinance No. 2020 to prohibit parking on the north side of Valley View between Webb Chapel and Mount Castle between 4:30 p.m. and 6:30 p.m. except weekends and holidays. The parking prohibition is to become effective as soon as appropriate signage is installed. Considering the effect of the parking prohibition on the residents along the north side of Valley View, the City Council directed that signs not be installed until the sidewalks were relocated to abut the curb and the drive approaches widened. The relocation of the sidewalk and the widened drive approaches provide the residents additional room for vehicle storage on their driveways without obstructing the sidewalks for pedestrians. All of the construction will be within City-owned right-of-way. Hasty Contractor Service Incorporated has provided adequate qualifications and references for similar work. They have successfully completed work for the cities of Carrollton, Dallas and Euless. Previous expenditures including design and surveying have been paid for out of the Engineering Department's special services account. A total Vol. 64, Page 165 amount of $45,000 has been proposed for construction and materials testing in the mid- year non-bond capital improvements program. The City Engineer recommends awarding the bid for reconstruction of drive approaches and the sidewalk located along the north side of Valley View Lane between Webb Chapel Road and Mount Castle Drive to Hasty Contractor Service Incorporated in an amount of $31,679. There being no discussion, a motion by Councilman Moses, a second by Councilwoman Hardie, all voting "aye", adopted Resolution 93-116 awarding the bid for reconstruction of drive approaches and the sidewalk located along the north side of Valley View Lane between Webb Chapel Road and Mount Castle Drive to Hasty Contractor Service Incorporated in an amount of $31,679. D.9 CONSIDER ADOPTING RESOLUTION NO. 93-127 AUTHORIZING THE CITY MANAGER TO EXECUTE AN ARCHITECTURAL SERVICES AGREEMENT WITH THE FIRM OF JPJ ARCHITECTS, INC. IN AN AMOUNT NOT TO EXCEED $28,750 FOR THE REMAINING ARCHITECTURAL SERVICES FOR THE VICTORIAN HOUSE IN THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Victorian House has been scheduled for four phases. Phase I, purchase, relocation to the Historical Park, and weatherproofing has been completed. Phase II, the exterior restoration has also been completed. Phase III, the interior restoration is proposed in fiscal year 1993-94. The final stage, Phase IV, the kitchen outbuilding, will be completed at a later date. An Architectural Services Agreement is necessary before Phases III & IV can begin. The agreement will be for design, architectural and engineering services, and contract administration for all of Phases III & IV. Staff recommends contracting with JPJ Architects, Inc. for the Architectural Services Agreement in the amount of $28,750. There is $36,000 available for architectural services. The Director of the Parks and Recreation Department recommends the adoption of Resolution No. 93-127 authorizing the City Manager to execute an Architectural Services Agreement with the firm of JPJ Architects, Inc. in an amount not to exceed $28,750 for the remaining architectural services for the Victorian House in the Historical Park. Councilman Moses asked if this was the same architect who had performed previous services for the City on the Victorian House. City Manager Richard Escalante replied that it was the same architect. Vol. 64, Page 166 There being no further discussion, a motion by Councilman Moses, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 93-127 authorizing the City Manager to execute an Architectural Services Agreement with the firm of JPJ Architects, Inc. in an amount not to exceed $28,750 for the remaining architectural services for the Victorian House in the Historical Park. D.10 CONSIDER RESOLUTION NO. 93-130 AUTHORIZING THE CITY OF FARMERS BRANCH TO BE CERTIFIED BY THE FEDERAL COMMUNICATIONS COMMISSION TO REGULATE CABLE TELEVISION AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The 1992 Cable Act instructed the Federal Communications Commissions (FCC) to formulate policies and regulations to comply with the Cable Act. One such policy concerned certifying Cities to regulate the cost of basic cable service and the equipment used to provide such service. The original date that a City could apply for certification was in June of 1993. That date was changed to October 1, 1993. Recently, the date for certification application was moved up to September 1, 1993. Resolution No. 93-130 will authorize the City Manager to submit the application for certification as soon as the forms are approved by the Federal Communications Commission. The City of Farmers Branch will be certified after thirty days if not contacted by the FCC to the contrary. The Assistant City Manager recommends adoption of Resolution No. 93-130 authorizing the City of Farmers Branch to apply to the FCC to become certified to regulate Cable Television functions. Mayor Pro Tem Davis explained this would not allow the City to regulate costs but would enable the City to have some regulatory power over the cable service. There being no further discussion, a motion by Mayor Pro Tem Davis, a second by Councilwoman Hardie, all voting "aye", adopted Resolution No. 93-130 authorizing the City of Farmers Branch to apply to the FCC to become certified to regulate Cable Television functions. D.11 CONSIDER ADOPTING RESOLUTION NO. 93-115 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SHIMEK, JACOBS & FINKLEA CONSULTING ENGINEERS FOR ENGINEERING SERVICES ON THE EASTSIDE ELEVATED TANK AND WATER LINES TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The design and construction of the Eastside Elevated Water Tank and the water mains to feed the tank are budgeted in the Water Bond Fund in the total amount of $3,812,000.00. Vol. 64, Page 167 Shimek, Jacobs & Finklea Consulting Engineers has been selected to provide the engineering services on the tank and water lines. Shimek, Jacobs & Finklea was selected from nine firms through a formal selection process consisting of written statements of qualifications and interviews. An engineering services contract has been negotiated with Shimek, Jacobs & Finklea in the amount not to exceed $175,878.00. The engineering services include design and construction administration of the elevated tank, and validation and revision of the water line plans. The water lines were designed in 1985 and 1986. The design needs to be validated to insure proper operation of the water system based on the design of the new tank. The construction plans also need to be revised to accommodate design changes and changes in utilities, driveways and landscaping that have taken place along the route since 1986. Previous expenditures for the water line designs and the acquisition of the tank site and water line easements leave $3,449,306.00 available for design and construction of the tank and water lines. The City Engineer recommends the adoption of Resolution No. 93-115 authorizing the execution of an agreement with Shimek, Jacobs & Finklea Consulting Engineers in an amount not to exceed $175,878 for engineering services on the eastside elevated tank and water lines. Mayor Blair explained the City had opened the wicker Street Pump station, a five million gallon facility, which allows the City to operate at full capacity during the dry summer months without requiring citizens to conserve water. Mayor Blair asked how long Wicker Street Pump station had been opened. Mr. Jerry Murawski, City Engineer, replied the station had been open for two years. There being no further discussion, a motion by Councilwoman Hardie, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 93-115 authorizing the execution of an agreement with Shimek, Jacobs & Finklea Consulting Engineers in an amount not to exceed $175,878 for engineering services on the eastside elevated tank and water lines. D.12 CONSENT. D.13 CONSENT. D.14 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. C Vol. 64, Page 168 A motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", authorized travel for City Councilmembers and the City Manager to attend the upcoming TML conference in November and the National League of Cities conference in December. D.15 CITIZEN PARTICIPATION. Mr. Sammy Upton came forward and stated he would like the City Council to be aware of the problems among DART and their employees. Mr. Upton stated employees threaten other employees in front of supervisors, sexual harassment of employees in front of supervisors, and taxpayers dollars are going toward seminars that do not help employees after they attend. Mayor Blair asked Mr. Upton to forward a list of his complaints to the City and the City would give these complaints to Kathy Ingle, Chairperson of the DART Board. Mr. Upton replied he had previously forwarded these complaints to the DART Board. MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WAS DISCUSSED IN THE STUDY SESSION UNDER EXECUTIVE SESSION. THE DISCUSSION OF THE ITEM BEGAN AT 6:52 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 7:04 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEM DISCUSSED IN THE EXECUTIVE SESSION AT THE STUDY SESSION. THE ACTION ON THE ITEM DISCUSSED IN THE EXECUTIVE SESSION WAS RECESSED UNTIL THE 7:30 P.M. MEETING. ARTICLE 6252-17, SEC. 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEM AS PERSONNEL MATTERS MAY BE DISCUSSED IN THE EXECUTIVE SESSION. E. la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTMENTS TO THE EAST SIDE SANITARY SEWER CONSTRUCTION REVIEW BOARD. 2. DISCUSS APPOINTMENT OF MUNICIPAL COURT JUDGE AND AN ALTERNATE MUNICIPAL COURT JUDGE. A discussion was held relative to the appointments of members to the East Side Sanitary Sewer Construction Review Board and for a Municipal Court Judge. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", appointed Todd Meier to serve Place 2 and Robert Thomas to serve as Alternate member Vol. 64, Page 169 to the East Side Sanitary Sewer Construction Review Board. Mayor Blair announced that the appointment for a Municipal Court Judge and an Alternate Judge will be considered at a later date. F.1 ADJOURNMENT. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", adjourned the City Council meeting of August 16, 1993, at 8:44 P.M. Mayor 9 City Secretary 1 Vol. 64, Page 170