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1993-09-20 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING SEPTEMBER 20, 1993 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Dave Blair Calla Davis Bill Moses Bob Phelps Nancy Hardie The following member of the City Council was absent: Councilmember Ron Pyle The following members of the City Administration were present: Assistant City Manager Steve Carpenter Assistant City Manager John Burke City Attorney Stan Lowry City Secretary Ruth Ann Parish Communication Director Donna Huerta City Engineer Jerry Murawski Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Police Chief Jimmy Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux City Management Assistant David Reedy Recording Secretary Cindee Peters Member of the City Staff absent was: City Manager Richard Escalante L Mayor Blair called the City Council Meeting of September 20, 1993 to order at 7:30 Vol. 65, Page 46 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 PROCLAIMING OCTOBER 3-9,1993 AS "FIRE PREVENTION WEEK. " Mayor Blair stated that a Proclamation has been prepared proclaiming October 3-9, 1993 as "Fire Prevention Week" in Farmers Branch. This is concurrent with National Fire Prevention Week. Mayor read the proclamation and declared October 3-9, 1993 as Fire Prevention Week. A.3 PRESENTATION TO MAYOR BLAIR FROM THE SPECIAL CARE AND CAREER CENTER LOCATED AT 4350 SIGMA IN FARMERS BRANCH. Mr. Steve Gendler, Board President of the Special Care and Career Center, presented Mayor Blair with a framed picture and the calendar on which Mayor Blair posed for the cover with other area mayors. Mr. Gendler stated these calendars were to raise money for the school and could be purchased for $10.00 at various locations. A.4 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a five year employee service award to Todd Tucker of the Police Department. Mayor Blair presented a fifteen year employee service award to David Warnock of the Police Department. A.5 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1. - B.2. 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. A motion by Mayor Pro Tem Davis, a second by Councilman Phelps, all voting "aye", Vol. 65, Page 47 approved the following Consent Agenda items. B.1 ADOPTED RESOLUTION NO. 93-148 AUTHORIZING THE CITY MANAGER TO ENTER INTO A PRIVATE ROADWAY AGREEMENT WITH KWB, INC. B.2 ADOPTED RESOLUTION NO. 93-149 AUTHORIZING THE CITY MANAGER TO SIGN A TWO YEAR LETTER OF GUARANTEE TO THE CITY OF LEWISVILLE, TEXAS FOR THE MAINTENANCE OF A NEW WATER LINE. C.1 CITY MANAGER REPORTS. Assistant City Manager Steve Carpenter gave an informative report on the happenings and status of projects in the departments of the City. D.1 CONSIDER ADOPTING ORDINANCES NO. 2080, 2081, 2082, 2083 AND 2084 AMENDING THE CITY'S TRUCK ZONE ORDINANCES THAT PROHIBITS THE OPERATION OF TRUCKS WITH A RATED CARRYING CAPACITY IN EXCESS OF 3/4 TON ON CERTAIN STREETS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. In the neighborhood meetings that the City Council conducted with citizens, there were discussions concerning the personal use of vehicles with a rated carrying capacity of one ton. Currently, vehicles with a rated carrying capacity in excess of 3/4 ton are prohibited on certain streets in the City. In effect this meant some citizens were in violation of the law even though their vans or pickups were designed and were used for personal use. Generally this is caused because the rated capacity of vehicles have increased over the years. Ordinances No. 2080, 2081, 2083 and 2084 will amend Section 1 of City Truck Ordinances No. 1083, 1211, 1256 and 1384, and Ordinance No. 2082 will amend Section 2 of City Truck Ordinance No. 1239 by providing an exception for vans and trucks rated one ton or less being used for personal non-commercial purposes. The Police Chief recommends the adoption of Ordinances No. 2080, 2081, 2082, 2083 and 2084 amending the City's truck ordinances No. 1083, 1211, 1239, 1256 and 1384. There being no discussion, a motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinances No. 2080, 2081, 2082, 2083 and 2084 amending the City's truck ordinances No. 1083, 1211, 1239, 1256 and 1384. ORDINANCE NO. 2080 Vol. 65, Page 48 AN ORDINANCE AMENDING ORDINANCE NO. 1083, PASSED ON THE 20TH DAY OF SEPTEMBER, 1993, THAT RELATES TO PROVIDING AN EXCEPTION FOR VEHICLES BEING USED FOR PERSONAL NON- COMMERCIAL PURPOSES; AND ESTABLISHES A REBUTTABLE PRESUMPTION FOR THE STREETS LISTED IN SECTION 1. ORDINANCE NO. 2081 AN ORDINANCE AMENDING ORDINANCE NO. 1211, PASSED ON THE 20TH DAY OF SEPTEMBER, 1993, THAT RELATES TO PROVIDING AN EXCEPTION FOR VEHICLES BEING USED FOR PERSONAL NON- COMMERCIAL PURPOSES; AND ESTABLISHES A REBUTTABLE PRESUMPTION FOR THE STREETS LISTED IN SECTION 1. ORDINANCE NO. 2082 AN ORDINANCE AMENDING ORDINANCE NO. 1239, PASSED ON THE 20TH DAY OF SEPTEMBER, 1993, THAT RELATES TO PROVIDING AN EXCEPTION FOR VEHICLES BEING USED FOR PERSONAL NON- COMMERCIAL PURPOSES; AND ESTABLISHES A REBUTTABLE PRESUMPTION FOR THE STREETS LISTED IN SECTION 2. ORDINANCE NO. 2083 AN ORDINANCE AMENDING ORDINANCE NO. 1256, PASSED ON THE 20TH DAY OF SEPTEMBER, 1993, THAT RELATES TO PROVIDING AN EXCEPTION FOR VEHICLES BEING USED FOR PERSONAL NON- COMMERCIAL PURPOSES; AND ESTABLISHES A REBUTTABLE PRESUMPTION FOR THE STREETS LISTED IN SECTION 1. ORDINANCE NO. 2084 AN ORDINANCE AMENDING ORDINANCE NO. 1384, PASSED ON THE 20TH DAY OF SEPTEMBER, 1993, THAT RELATES TO PROVIDING AN EXCEPTION FOR VEHICLES BEING USED FOR PERSONAL NON- COMMERCIAL PURPOSES; AND ESTABLISHES A REBUTTABLE PRESUMPTION FOR THE STREETS LISTED IN SECTION 1. D.2 CONSIDER ADOPTING ORDINANCES NO. 2088 AND NO. 2089 AMENDING THE CITY'S PARKING ORDINANCES THAT PROHIBIT THE PARKING OF TRUCKS WITH A RATED CARRYING CAPACITY IN EXCESS OF 3/4 TON ON CITY STREETS AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Item D.2 includes Vol. 65, Page 49 amendments to Ordinances concerning parking vehicles in excess of 3/4 ton rated capacity on City streets. These amendments will allow vans and trucks rated one ton or less, used for personal non-commercial purposes to be parked on City streets. Ordinances No. 2088 and 2089 will amend Section 1 of City Parking Ordinances No. 760 and 961 by providing an exception for vehicles being used for personal non- commercial purposes. The Police Chief recommends the adoption of Ordinances No. 2088 and 2089 amending the City's parking Ordinances No. 760 and 961. A motion by Mayor Pro Tem Davis, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinances No. 2088 and 2089 amending the City's parking Ordinances No. 760 and 961. ORDINANCE NO. 2088 AN ORDINANCE AMENDING ORDINANCE NO. 760, PASSED ON THE 20TH DAY OF SEPTEMBER 1993, THAT RELATES TO PROVIDING AN EXCEPTION FOR VEHICLES BEING USED FOR PERSONAL NON- COMMERCIAL PURPOSES. ORDINANCE NO. 2089 AN ORDINANCE AMENDING ORDINANCE NO. 961, PASSED ON THE 20TH DAY OF SEPTEMBER 1993, THAT RELATES TO PROVIDING AN EXCEPTION FOR VEHICLES BEING USED FOR PERSONAL NON- COMMERCIAL PURPOSES. D.3 CONSIDER ADOPTING RESOLUTION NO. 93-150 AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH CIGNA CORPORATION FOR LONG TERM DISABILITY INSURANCE AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. On August 19, 1993 the City solicited proposals for a Long Term Disability Insurance Plan from various insurance providers. A Group Long Term Disability Insurance Plan is an extremely important employee benefit as part of a total benefit package. A Group Long Term Disability Insurance Plan will lessen the financial impact of a long term disability by replacing a substantial portion of an employee's earnings that are lost. The Social Security System provides benefits for long term disabilities. However the City withdrew from the system in 1980. Therefore, these benefits are not available to City employees. Vol. 65, Page 50 A total of sixteen providers responded and submitted proposals. Of these, fourteen meet all specifications, two providers did not provide all requested information. One proposal could not be accepted as it was submitted after the deadline. The proposal by CIGNA Corporation meets all specifications and is the lowest bid in the amount of $.47 per hundred dollars of covered payroll for an estimated annual cost of $59,600. Funds are available in the 1993-94 budget for a Long Term Disability Insurance Plan. The Personnel Director recommends adopting Resolution No. 93-150 authorizing the City to enter into a contract with CIGNA Corporation for a Long Term Disability Insurance Plan in the estimated amount of $59,600. Mayor Blair explained some Councilmembers had questions concerning the bid tabulations and whether it would be feasible for the city to participate in the funding. Mayor Blair stated City Councilmembers would like to postpone this item until a special meeting can be held next week to receive more information on the bid tabulations and other option as discussed. A motion by Mayor Pro Tern Davis, a second by Councilwoman Hardie, all voting "aye", postponed this item until a special meeting can be held sometime next week. 1 DA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Pro Tern Davis explained she had been appointed to a resolutions committee and would have to depart earlier for the TML conference and would like staff to arrange for her airline reservations. Mayor Blair explained he had a conflict with the National League of Cities conference which is being held the first week in December in Orlando, Florida. Mayor Blair stated the Farmers Branch Christmas Tree Lighting is also the first week in December. Arrangements for the NLC conference will be discussed at a later date. D.5 CITIZEN PARTICIPATION. Mr. John Wells, 13521 Heartside Place, explained he was having a problem with the Post Office. Mr. Wells stated the Post Office is changing the street name from Heartside Place to Heartside Drive. LJ Mayor Blair stated the Farmers Branch Post Office had a new Post Master. Mayor Blair felt the City staff could resolve this problem by contacting the new Post Master. Vol. 65, Page 51 Mayor Blair announced that TCI Cablevision gave a presentation in the Study Session. Mayor Blair stated TCI had been told by their attorney that the new cable act would not allow them to offer a senior citizen discount. Mayor Blair stated this was not correct and TCI will reinstate the senior citizen discount which will also be retroactive. MAYOR BLAIR ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WAS DISCUSSED IN THE STUDY SESSION UNDER EXECUTIVE SESSION. THE DISCUSSION OF THE ITEMS BEGAN AT 7:05 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 7:25 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION. THE ACTION ON THE ITEMS 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 APPOINTMENT TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS. 2. DISCUSS APPOINTMENT FOR MUNICIPAL COURT JUDGE. 3. DISCUSS NOMINATING A MEMBER TO THE DALLAS CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTORS. A discussion was held relating to the above named appointments. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair reported that an Alternate position on the Zoning Board of Adjustment and Building Code Board of Appeals is open and invited any interested citizen to submit a board application for consideration. Mayor Blair reported that the Council Committee for interviewing applicants for the position of Municipal Court Judge presented a report to the Council and will be submitting a recommendation to the Council at next week's special meeting. A motion by Councilwoman Hardie, a second by Mayor Pro Tern Davis, all voting "aye", nominated Tom Landrum as the city's representative to the Dallas Central Appraisal District Board of Directors. F.1 ADJOURNMENT. A motion by Councilwoman Hardie, a second by Councilman Moses, all voting "aye", adjourned the City Council meeting of September 20, 1993, at 8:13 P.M. Vol. 65, Page 52 Mayor Ci Secretary 'I Vol. 65, Page 05,~- c>-.