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1993-05-03 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING MAY 3, 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 Bob Phelps Jeff Binford Ron Pyle Bill Moses Nancy Hardie The following member of City Council was absent: Councilwoman Calla Davis The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Steve Carpenter Assistant City Manager John Burke City Attorney John Boyle City Secretary Ruth Ann Parish Communication Director Donna Huerta Economic Development Director Norma Nichols Director of Community Services Tom Scales City Engineer Jerry Murawski Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Fire Chief Kyle King Director of Public Works Mark Pavageaux City Management Assistant David Reedy Recording Secretary Cindee Peters Mayor Blair called the City Council Meeting of May 3, 1993 to order at 7:30 P.M.. Vol. 64, Page 69 The meeting was televised. A.1 INVOCATION. Councilman Moses gave the invocation. Boy Scout Troop 718 led the pledge of allegiance to the flag. A.2 CONSIDER PROCLAIMING MAY AS OLDER AMERICANS' MONTH IN FARMERS BRANCH. Mayor Blair gave the following information for consideration. In conjunction with the nationally recognized observation of May as Older Americans' Month, the Parks and Recreation Department requests that the City Council proclaim that "May is Older Americans' Month in Farmers Branch." The Parks and Recreation Department recommends proclaiming May as Older Americans' Month in Farmers Branch. Mayor Blair read the proclamation and presented the proclamation to Mr. Hugh McWhorter. Mr. Hugh McWhorter, Chairman of the Senior Adult Advisory Council was present representing the senior citizens in Farmers Branch. Mr. McWhorter gave a brief list of the many activities the Senior Center offers to senior citizens. Mr. McWhorter invited all senior citizens to visit the Center and join in the activities that are offered. A.3 CONSIDER ACCEPTING A DONATION OF $2,000 FROM THE FARMERS BRANCH LIONS CLUB AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The Farmers Branch Lions Club wishes to donate $2,000 to the City of Farmers Branch to help fund a summer youth sports clinic. These funds will allow the City of Farmers Branch to offer a four week sports clinic to 4th, 5th, and 6th grade Farmers Branch residents at no charge. The clinic will be a cooperative effort between the City and the Carrollton-Farmers Branch Independent School District. The gymnasium at Vivian Field Junior High School is being provided for the clinic at no cost. Arrangements will be made so that participants from the Summer Funshine Program can be involved. The Director of the Parks and Recreation Department recommends accepting a donation of $2,000 from the Farmers Branch Lions Club. Vol. 64, Page 70 Mr. David Reedy, President of the Farmers Branch Lions Club, presented the check to Mayor Blair. Mr. Reedy stated the money is raised by the Tuesday night bingo games. Mayor Blair thanked Mr. Reedy and accepted the check for the purchased of gymnasium equipment. A motion by Mayor Pro Tem Phelps, a second by Councilman Binford, all voting "aye", accepted a donation of $2,000 from the Farmers Branch Lions Club. A.4 CONSIDER ACCEPTING DONATION OF GYMNASTICS EQUIPMENT FROM THE FARMERS BRANCH BOYS' GYMNASTICS TEAM BOOSTER CLUB. Mayor Blair gave the following information for consideration. The Farmers Branch Boys' Gymnastics Team Booster Club desires to donate gymnastics equipment to the City of Farmers Branch to be used for the gymnastics program at the Don Showman Recreation Center. This organization has recently disbanded, and, based on the Booster Club's policies, the money remaining in their account must be used to support gymnastics. The equipment they are donating consists of a spring board mat and a mounting block valued at $650, which will greatly assist in training. 1 Ms. Julie Anschutz, Treasurer of the Farmers Branch Boys' Gymnastics Team Booster Club, was unable to attend to present the donation. The Director of the Parks and Recreation Department recommends accepting a donation of gymnastics equipment from the Farmers Branch Gymnastics Boys' Team Booster Club. A motion by Councilman Binford, a second by Councilman Pyle, all voting "aye accepted the donation of gymnastics equipment valued at $650 from the Farmers Branch Boys' Gymnastics Booster Club. A.5 PRESENTATION OF SONG ABOUT FARMERS BRANCH BY RESIDENT STEVE ELLINGTON. Mayor Blair stated Mr. Ellington lives in Farmers Branch and wanted to give the City a very special song. [J Mr. Ellington stated his wife is enlisted in the Navy and has received orders to report to California. Mr. Ellington explained he had written a song about Farmers Branch because he loved the city so much. Mr. Ellington stated he would miss Farmers Branch very much and wanted to give something back to the City. Mr. Ellington stated he knew the City of Farmers Branch did not have an official song and perhaps his song could be Vol. 64, Page 71 used as the official song. Mr. Ellington stated he would like to give the lyrics to the City to do with as they wished. Mayor Blair asked Mr. Ellington to sing his song. Mr. Ellington sang his song about Farmers Branch and presented the lyrics to Mayor Blair. A motion by Councilman Pyle, a second by Mayor Pro Tem Phelps, all voting "aye approved Mr. Ellington's song as the official song of Farmers Branch. A.6 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a fifteen year employee service award to Rick Lewis of the Fire Department. A.7 PRESENTATION OF BOARD APPLICATIONS. Mayor Blair announced that Michael Morgan of the Planning and Zoning Commission had been elected to the Carrollton-Farmers Branch School Board. Mayor Blair announced this creates opening on the Planning and Zoning Commission. No one presented an application. Mayor Blair explained there is also an opening on the Hospital Board due to the election of Nancy Hardie to the City Council. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. 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 Phelps, a second by Councilman Binford, all voting "aye", added items D.1, D.3, and D.4 to the consent agenda. A motion by Mayor Pro Tem Phelps, a second by Councilman Binford, all voting "aye approved the following Consent Agenda. D.1 ADOPTED RESOLUTION 93-074 REJECTING THE BIDS FOR TYPE D ASPHALTIC CONCRETE AND AUTHORIZING PARTICIPATION UNDER Vol. 64, Page 72 THE DALLAS COUNTY INTERLOCAL AGREEMENT FOR THIS PURCHASE. D.3 ADOPTED RESOLUTION NO. 93-078 APPROVING A DEVELOPER'S CONTRACT WITH LB7 RETAIL ASSOCIATES, LTD. DA ADOPTED RESOLUTION NO. 93-079 DEDICATING A PERMANENT WATER LINE EASEMENT TO THE CITY OF LEWISVILLE TEXAS FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF A PROPOSED WATER MAIN. C.1 CANVASS THE ELECTION RETURNS OF MAY 1, 1993 CITY COUNCIL ELECTION. The following actions will be taken to canvass and certify the results of the May 1, 1993 City Council Election. 1. Mayor Blair read the canvass statement. The votes for each candidate are as follows: NAME NUMBER OF VOTES MAYOR DAVE BLAIR 3,289 COUNCIL PLACE 2 NANCY HARDIE 2,465 2. The City Council adopts Resolution No. 93-080. Mayor Blair read Resolution No. 93-080 giving the results of the election. It appearing that Dave Blair received a majority of the votes cast for the office of Mayor, and is hereby declared to be elected to said office to serve after qualifying until the regular municipal election of 1996, and until his successor shall have been elected and shall have qualified. It appearing that Nancy Hardie, received a majority of the votes cast for the office of Councilperson, Place 2, and is hereby declared to be elected to said office to serve after qualifying until the regular municipal election of 1996, and until her successor shall have been elected and shall have qualified. A motion by Councilman Pyle, a second by Councilman Binford, all voting "aye", adopted Resolution No. 93-080 canvassing the election returns and declaring the results Vol. 64, Page 73 of the City Council Election held in the City of Farmers Branch on May 1, 1993. 3. Oath of Office administered by City Attorney to Mayor and Mayor to Council Place 2. City Attorney John Boyle administered the oath of office to Dave Blair to serve the office of Mayor, for the City of Farmers Branch in the State of Texas. Mayor Blair administered the oath of office to Nancy Hardie to serve the office of Councilmember, Place 2, for the City of Farmers Branch in the State of Texas. 4. Presentation of Certificates of Election. City Attorney John Boyle presented a Certificate of Election to Mayor Blair. Mayor Blair presented a Certificate of Election to Councilmember Nancy Hardie. Councilwoman Nancy Hardie introduced her family and friends who came to see her sworn in. C.2 PRESENTATION OF COUNCIL CERTIFICATE AND AWARD TO COUNCILMAN JEFF BINFORD. Mayor Blair presented to Councilman Binford a certificate and an award from the city for his service to Farmers Branch. Mayor Blair stated Councilman Binford would be missed by all, including his colleagues, city staff and the citizens of Farmers Branch. Councilman Binford stated he would miss his colleagues, City staff, and his duties as a Councilmember. Mr. Binford thanked his wife and family for supporting him during his terms as a Councilmember. C.3 ELECT MAYOR PRO TEM A motion by Councilman Moses, a second by Mayor Pro Tem Phelps, all voting "aye elected Councilwoman Davis to serve as Mayor Pro Tem. CA CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of projects in the departments of the City. MAYOR'S ANNOUNCEMENT Mayor Blair congratulated former Mayor George Grimmer and his wife Glenna on their 40th wedding anniversary. Vol. 64, Page 74 C.5 PUBLIC HEARING: TO CONSIDER CREATING AN ENTERPRISE ZONE NOMINATING AN AREA AS AN ENTERPRISE ZONE ACT (TEXAS CIVIL STATUES ARTICLES 5190.7) BY ADOPTING ORDINANCE NO. 2047 AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. An Enterprise Zone is a geographic area that meets certain distress criteria established by the State. Upon designation by the State of Texas as an Enterprise Zone, the Zone will be in effect for a seven year period. City staff has identified an area surrounding City Hall south of Valley View Lane and West of I-35 to our city boundary lines that meets the established criteria in the Texas Enterprise Zone Act. The purpose of the Texas Enterprise Zone Act is to create an economic environment to encourage business enterprises to invest in distressed areas and to provide employment to residents. New and expanding companies within an Enterprise Zone that are nominated by the City are eligible for state and local incentives. The State incentives are refunds of state sales tax and franchise tax dependent upon the number of jobs created. The Farmers Branch proposed local incentive is a reduction in development fees for qualified businesses. The Enterprise Zone must be created by an Ordinance and a public hearing must be conducted prior to the Enterprise Zone being nominated. Staff recommends that Ordinance No. 2047 be adopted. Mayor Blair opened the public hearing. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", closed the public hearing. A motion by Councilman Moses, a second by Councilman Phelps, all voting "aye adopted the following captioned Ordinance No. 2047 creating an Enterprise zone in the City of Farmers Branch: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS, NOMINATING AN AREA AS AN ENTERPRISE ZONE ACT (TEXAS CIVIL STATUTES ARTICLES 5190.7); PROVIDING TAX INCENTIVES; DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREA DESCRIBED HEREIN AS AN ENTERPRISE ZONE AND REINVESTMENT ZONE; AND FURTHER DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONCE DESIGNATED BY THE TEXAS DEPARTMENT OF Vol. 64, Page 75 COMMERCE. D.1 CONSENT D.2 CONSIDER ADOPTING RESOLUTION NO. 93-075 APPROVING STREETS FOR INCLUSION IN THE STREET RESURFACING PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. An important element of the City's commitment to maintain its streets, is the Street Resurfacing Program. The annual evaluation of the City's streets has been completed. The following streets have been recommended for asphalt resurfacing: Wicker - Hermitage to end Squire - Bee to Dennis Myra - Amsterdam to Templeton Brandywine - Josey to Bee Olin - from Welch to 500' Fast of Welch Tanglewood - from Brookhaven Club to 1100' North of Brookhaven Club Coral Harbour Cir - Pebble Beach to end Coral Harbour Court - Coral Harbour Cir to end Greenhurst - Dennis to Bee Sundown - Josey to Richland Old North - Webb Chapel to Joanna Maydelle - Josey to Austell Morningstar - Ridgeoak to 200' West of Sunglow Morningstar Cir - Morningstar Lane to end Templeton - Cloverdale to Ridgeoak Supplemental Streets: Nestle - Valley View to Havenhurst Amsterdam - Myra to Ridgeoak Wicker - Bee to Dennis Hollandale - Queens Chapel to Webb Chapel Windmill - Heartside to Cochise Following approval by Council, notices will be sent to property owners abutting the streets to be resurfaced, including the supplemental streets, and a Public Notice will be prepared for publication in local newspapers in accordance with Ordinance No. 1643. The notification will identify the streets to be resurfaced and inform residents of the petition process required to request a public hearing to discuss the procedures to be followed in order to have their street reconstructed with portland cement concrete in lieu Vol. 64, Page 76 of asphalt resurfacing. The public notice will also notify residents of the new procedures for overlay deferral of two years for their street. Funding for this project is available from the 1992/93 Non-Bond Capital Improvement Fund in the amount of $282,000.00. The City Engineer recommends adopting Resolution No. 93-075 approving the list of streets for resurfacing and initiating the notification of property owners. A motion by Councilman Phelps, a second by Councilwoman Hardie, all voting "aye", adopted Resolution No. 93-075 approving the list of streets for resurfacing and initiating the notification of property owners. D.3 CONSENT. D.4 CONSENT. D.5 DISCUSS SANITARY SEWER BREAKS AT THE HISTORICAL PARK. Mayor Blair gave the following information for consideration. In the vicinity of the construction of the retaining wall along Farmers Branch Creek within the Historical Park, a 24" sanitary sewer broke twice. The first break occurred on Friday, April 16, 1993. Repair of the break continued through the night into Saturday, April 17, 1993. The second break occurred on Tuesday, April 20, 1993. Repair of the break continued through the night into Wednesday, April 21, 1993. On both occasions, the repairs were made with no sewage flowing downstream of the work zone. Mr. Jerry Murawski, City Engineer, stated two separate breaks in the sanitary sewer line broke on different days. Mr. Murawski informed the City Council the City crew worked through the night to repair these breaks. Mr. Murawski stated no sewage was lost in the creek due to these breaks. Mr. Murawski stated these repaired lines were placed in concrete to reenforce the lines. Mr. Murawski stated letters were sent to residents in the area informing them of the sanitary sewer break. Mr. Murawski stated the letter also informed the residents that the work performed on these two nights were an emergency and not construction on the retaining wall. Mr. Murawski explained staff was concerned that the entire line may not be good. Mr. Murawski stated staff is exploring three options which are: (1) concrete rubble in areas Vol. 64, Page 77 that are subceptible to erosion; (2) replacing the sanitary sewer line with an approximate cost between $50,000 to $70,000; and (3) slipline the existing line which is the most costly, does not address the erosion problem, and is not seriously being considered. Mayor Blair asked if the work to be performed on the sanitary sewer line will interfere with the retaining wall construction. Mr. Murawski stated there should be no substantial delay on the construction of the retaining wall. Mayor Blair asked if the construction on both the retaining wall and sanitary sewer line could be performed at the same time. Mr. Murawski stated it would probably not occur at the same time because neither project hinged on the other. Mr. Murawski stated this would prevent both projects from being delayed. Councilman Moses asked if the retaining wall was originally approved to protect the sanitary sewer line. Mr. Murawski stated the retaining wall was approved and constructed solely to protect the earth in order to construct a parking lot. Mayor Blair thanked Mr. Murawski for the information on this project. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Councilman Phelps stated he attended the TML Legislative Update meeting in Austin on April 26, 1993. Councilman Phelps stated House Bill 1538 sponsored by the City had passed the house with a favorable vote. Councilman Phelps explained House Bill 1538 has been amended several times and was not anything like the City had originally proposed. Mr. David Reedy explained the amendments to House Bill 1538; applies to cities under 30,000 population located in counties over 250,000 population; reporting requirements do not apply to businesses that generate more than $10 million in annual sales; and reporting would be in the form of sales tax brackets so that the specific business sales tax revenues would not be known. Mayor Blair asked Mr. Reedy to explain the importance of this bill. Mr. Reedy stated that House Bill 1538 will provide the City of Farmers Branch with important sales and use tax information for budgeting purposes. Vol. 64, Page 78 TRAVEL REQUEST. Mayor Blair stated that a business alliance trip to Guadalupe, Mexico was being planned by the Metrocrest Chamber of Commerce for May 21 and May 22. Mayor Blair made a motion authorizing members of the City Council and the City Manager to travel to Mexico with the Metrocrest Chamber of Commerce on May 21 and May 22. Councilman Pyle seconded the motion and all voted "aye" . D.7 CITIZEN PARTICIPATION. No one came forward. Mayor Blair responded to Mr. Nick Korba who was in attendance and had inquired as to the City including W. T. White students that live in Farmers Branch when considering awarding scholarships. Mayor Blair stated that the scholarships in question were created by corporate businesses in Farmers Branch and they were the ones that designated the schools. Mayor Blair stated that Farmers Branch would also like to work with corporate businesses to create a scholarship award to W. T. White students. MAYOR BLAIR ANNOUNCED THAT THE ITEM FOR THE EXECUTIVE SESSION WAS DISCUSSED IN THE STUDY SESSION UNDER EXECUTIVE SESSION. THE DISCUSSION OF THE ITEM BEGAN AT 7:09 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 7:18 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 APPOINTMENT TO INDUSTRIAL DEVELOPMENT BOARD. A discussion was held relating to appointment to the Industrial Development Board. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor called for necessary action on the item discussed in the Executive Session of the Study Session. A motion by Councilman Pyle, a second by Councilman Phelps, all voting "aye", appointed Roger Harper to serve Place 2 on the Farmers Branch Industrial Development Board of Directors. Vol. 64, Page 79 F.1 ADJOURNMENT. A motion by Councilman Moses, a second by Councilman Phelps, all voting "aye", adjourned the City Council meeting of May 3, 1993, at 8:54 P.M. Mayor ~ityv Secretary Vol. 64, Page 80