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1992-01-20 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JANUARY 20, 1992 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Bill Moses Councilmembers Bob Phelps Jeff Binford Ron Pyle The following member of the City Council was absent: Calla Davis 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 City Engineer Director of Finance Director of Parks & Recreation Police Chief Director of Public Works City Management Assistant Traffic Engineer Recording Secretary ~I Richard L. Escalante Steve Carpenter John Burke John Boyle Ruth Ann Parish Donna Huerta Norma Nichols Tom Scales Jerry Murawski Doug Vanderslice Jeff Fuller Jimmy Fawcett Mark Pavageaux David Reedy Dave Davis Cindee Peters Vol. 62, Page 139 Mayor Blair called the City Council Meeting of January 20, 1992 to order at 7:30 P.M.. The meeting was televised. A.1 INVOCATION. Mayor Pro Tem Moses gave the invocation and led the pledge of allegiance to the flag. A.2 CONSIDER ACCEPTANCE OF DONATION IN THE AMOUNT OF $2000 BY HOME INTERIORS & GIFTS, INC. TO THE POLICE DEPARTMENT AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. Donald J. Carter, Jr., President of Home Interiors and Gifts, 4550 Spring Valley Road, sent a check for $2000 to the Police Department. The Executive Committee for Home Interiors and Gifts elected to make this contribution and represents their support and appreciation to the Police Department for their service to the community. Chief of Police Jimmy Fawcett presented the check to Mayor Blair and recommended the donation be used to purchase materials and equipment for training purposes. A motion by Councilman Phelps, a second by Mayor Pro Tem Moses, all voting "aye", accepted the $2000 donation to the Police Department from Home Interiors & Gifts, Inc. A.3 CONSIDER ACCEPTANCE OF DONATION IN THE AMOUNT OF $2000 BY HOME INTERIORS & GIFTS, INC., TO THE FIRE DEPARTMENT AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The Executive Committee of Home Interiors and Gifts, Inc., has selected the Farmers Branch Fire Department to receive a check for $2000 from their annual gift program. The check was presented by Donald J. Carter, Jr., President of Home Interiors and Gifts, Inc., in appreciation and support for the activities of the Fire Department. Deputy Fire Chief Gordon Robbins presented the check to Mayor Blair and recommended the donation be used to purchase a high volume smoke removal fan and a 165-1b training rescue dummy. A motion by Councilman Pyle, a second by Councilman Binford, all voting "aye", accepted the $2000 donation to the Fire Department from Home Interiors and Gifts, Inc. A.4 PRESENTATION OF BOARD APPLICATIONS. Mr. Allen Moore presented his application to the City Council. Vol. 62, Page 140 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.2. Mayor Blair presented the following information for consideration. 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 Moses, a second by Councilman Pyle, to add items D.4, D.5 and D.7 to the Consent Agenda. Councilman Binford amended the motion to add items D.2, D.3, D.49 D.5 and D.7 to the Consent Agenda. Mayor Pro Tem. Moses seconded the motion, with all voting "aye". A motion by Mayor Pro Tem Moses, a second by Councilman Binford, all voting "aye", approved the following Consent Agenda. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF JANUARY 6, 1992. B.2 ADOPTED RESOLUTION NO. 92-018 AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT AND RELATED DOCUMENTS WITH THE TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL FOR THE PROVISION OF $2,250,000 OF INSURANCE COVERAGE FOR THE FARMERS BRANCH PRO RATA SHARE OF THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION FOR $697. D.2 ADOPTED RESOLUTION NO. 92-016 ADOPTING THE GOALS OF THE "OLD FARMERS BRANCH AREA" STUDY AS A GENERAL GUIDE FOR THE REDEVELOPMENT OF THE OLD FARMERS BRANCH AREA. D.3 ADOPTED RESOLUTION NO. 92-017 DESIGNATING THE "OLD FARMERS BRANCH AREA" AS A SPECIAL REDEVELOPMENT DISTRICT. DA ADOPTED RESOLUTION NO. 92-015 SUPPORTING CONTINUED DART FUNDING FOR CONSTRUCTION OF HOV LANES. D.5 APPROVED A REQUEST OF DALLAS COUNTY COMMISSIONERS' COURT TO PARTICIPATE IN THE DALLAS COUNTY HOUSING BOND PROGRAM. Vol. 62, Page 141 D.7 ADOPTED RESOLUTION NO. 92-011 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH TECH CLEAN, INC. IN AN AMOUNT OF $68,000 FOR BASIC CUSTODIAL SERVICES AT CITY FACILITIES. 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 REQUEST OF MR. SHANE JACKSON TO ADDRESS THE CITY COUNCIL REGARDING CHEMICAL CONTAMINATION IN DART RIGHT-OF-WAY. Mayor Blair stated that Mr. Shane Jackson has requested to be placed on the Council agenda to address the City Council. Mr. Shane Jackson of 2834 Ermine Way came forward. Mr. Jackson stated the Farmers Branch City Council passed Resolution 90-101 recognizing that Zoecon had a history of hazardous material contamination and had not received permits or permission to discharge onto Farmers Branch property. Mr. Jackson stated he would like to see Zoecon remove their pipes entirely from the Historical Park. Mr. Jackson stated that DART had the soil tested and found new contamination. Mr. Jackson stated this was no new contamination. Mr. Jackson stated Zoecon has agreed to pay for testing and cleanup of the DART right-of-way, but wanted Zoecon to also clean up any Farmers Branch property that may be contaminated. Mr. Jackson requested that City Council do something to see that clean up was done on Farmers Branch property. Mr. John Hoeft, General Council of DART, stated he was present as a resource witness if the City Council had any questions. Mr. Hoeft stated before DART would go along with outfall rerouting more testing would have to be accomplished. Mayor Blair asked Mr. Scales to give an update on current testing at Zoecon. Mr. Scales gave a lengthy report on soils and groundwater testing in the DART railroad right-of-way, which to date, consists of a Phase I and a Phase II investigation. Mr. Scales explained the level of contamination found and at each test sample location. Mr. Scales stated that DART had neither approved or denied Zoecon's request to reroute the storm sewer at this time. Mr. Escalante asked Mr. Scales to explain why it is not appropriate to clean up at this time before testing and investigation is completed. Vol. 62, Page 142 Mr. Scales stated it was very important to know the most contaminated area, including the limits and levels of contamination, so that when clean up begins contaminated groundwater will not be drawn through uncontaminated areas or less contaminated areas and spread contamination. Councilman Phelps asked if Phase II would be complete in approximately 4 weeks, how long would it be before Zoecon could relocate the outfall. Mr. Scales stated he did not know a time frame, but that there would be an approval process by the Texas Water Commission, Dart and other agencies, which will take time, before clean up begins and the stormwater can be relocated. Mr. Steve Steele of 2842 Ermine Way, asked how DART'S attorney found there was contamination. Mr. Hoeft stated Mr. Shane Jackson had called and suggested there might be contamination along the right-of-way. Mr. Steele stated the City Council should inform citizens of the contamination and not leave it to any one citizen to help with information on contamination of our Historical Park. Mayor Blair expressed his appreciation for any citizen who helps the City with any problems it may have. C.3 CONSIDER REPEALING AND RESCINDING ORDINANCE NO. 1623 RELATING TO THE LIMITATION OF TERMS OF COUNCIL APPOINTED ADVISORY BOARDS AND COMMISSIONS AND TAKE THE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. This item is placed on the agenda as requested by the City Council from the discussion at the Council Study Session meeting of January 6, 1992. Ordinance No. 1623, adopted March 3, 1986, limits the terms of office of Council appointed advisory boards and commissions to six (6) consecutive years. As instructed by the City Council, Ordinance No. 1972 has been prepared for consideration. Ordinance No. 1972 repeals and rescinds Ordinance 1623. Mayor Blair recognized Mr. Vernon Smith. Mr. Smith stated he was very disappointed that the City Council was considering rescinding Ordinance 1623. Mr. Smith stated he was on a board 15 years ago when this ordinance was passed and felt it would provide new blood, new leadership and encourage citizens to become involved in their city. Mr. Smith felt no new changes could take Vol. 62, Page 143 place if Ordinance 1623 was rescinded. Mr. Smith also suggested limiting the terms of office for Councilmembers. Mayor Blair explained this item had been on Study Session on January 6, 1992. Mayor Blair stated that 90 % of board members were present. Mayor Blair explained that many board members were new and that changes were taking place on boards and the commission. Mayor Blair stated the Charter Revision Committee headed by Fred Johnson looked at limiting terms of City Council members and recommended it not be a consideration. A motion by Councilman Binford, a second by Councilman Phelps, all voting "aye", approved Ordinance No. 1972 as follows rescinding Ordinance No. 1623. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, REPEALING AND RESCINDING ORDINANCE NO. 1623 RELATING TO THE LIMITATION OF THE TERMS OF OFFICE FOR MEMBERS OF CITY BOARDS AND COMMISSION APPOINTED BY THE CITY COUNCIL; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. D.1 CONSIDER RESOLUTION NO. 92-014 TO ADOPT THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AND REPORT TO MANAGEMENT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1991 AS SUBMITTED BY DELOITTE AND TOUCHE AND TAKE THE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The City Charter requires an annual audit by an independent Certified Public Accountant. The audit for the year ended September 30, 1991 has been completed and the Comprehensive Annual Financial Report and Report to Management has been submitted to Council. The City staff recommends adopting Resolution No. 92-014 to adopt the Comprehensive Annual Financial Report and Report to Management for the year ended September 30, 1991. Mr. George Scott, partner with Deloitte Touch gave an opinion of the Comprehensive Financial Report. Mr. Scott stated City staff had worked with the auditors to make any documents available at their request. Mr. Scott stated internal control was studied and found to have no material weaknesses. Mr. Scott stated that some areas of accounting needed improvements. Mr. Scott stated that just a new procedure should correct the problem. Mayor Blair asked Mr. Doug Vanderslice to comment on the auditors observation regarding investment. Vol. 62, Page 144 Mr. Vanderslice explained the new procedure and how this procedure will prevent this situation in the future. Mr. Vanderslice also explained that the City's investment policy was more conservative than State laws, that all amounts invested were in accordance with State law and that there was no real danger of the City losing funds. D.2 CONSENT D.3 CONSENT DA CONSENT D.5 CONSENT D.6 CONSIDER ADOPTING RESOLUTION NO. 92-012 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JAMES CRAWFORD, FOR THE RELOCATION OF AN 1885 VICTORIAN HOUSE TO THE HISTORICAL PARK IN AN AMOUNT NOT TO EXCEED $90,000 AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. On August 5, 1991, Council approved funding for the purchase and relocation of the Victorian House. Funding was made available in the 1991/92 Hotel/Motel CIP Budget, in an amount not to exceed $149,000. The house was purchased for $40,000 and an Architectural Services Agreement for the design has been executed with the firm of JPJ Architects, Inc. for $8,500. There is a balance of $100,500 remaining in the budget for this project. James Crawford has submitted an estimate not to exceed $90,000 for the relocation of the Victorian House to the Historical Park. This agreement includes: - Constructing a new permanent foundation in the Historical Park. - Disassembling the house. - Moving the house from Gainesville to the Historical Park. - Reassembling the house on the new foundation using the same techniques as the original construction. - Making the house weatherproof. Phase II, the Victorian House restoration and the addition of a kitchen and restroom building, is to be completed at a later date. The Historical Preservation and Restoration Board and the Director of the Parks and Vol. 62, Page 145 Recreation Department recommend adoption of Resolution No. 92-012 authorizing the City Manager to execute a Professional Services Agreement with James Crawford, for the relocation of an 1885 Victorian House to the Historical Park in an amount not to exceed $90,000. Mayor Blair stated in the Study Session Council had discussed the agreement and requested that Article 3 be worded as follows: "The Services shall be commenced January 31, 1992 and, subject to authorized adjustments. Substantial Completion shall be achieved not later than May 1, 1992". A motion by Councilman Pyle, a second by Councilman Binford, all voting "aye", adopted Resolution 92-012 with Article 3 worded as indicated above. D.7 CONSENT D.8 CONSIDER ADOPTING RESOLUTION NO. 92-013 APPROVING CHANGE ORDER NO. 2 RELATIVE TO A CONSTRUCTION CONTRACT WITH GARICO, INC., FOR THE WATER DISTRIBUTION SYSTEM TELEMETRY AND AUTOMATION AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The construction of the Water Distribution System Telemetry and Automation is a Capital Improvement Project budgeted in the amount of $283,569.00. In April 1990, the City Council awarded the construction contract to Garico, Inc., in the amount of $229,700.00. Change Order No. 1, in the amount of $53,869.00 was necessary to add the instrumentation and telemetry to the Dallas Water Tap and Meter Vault. Change Order No. 2, in the amount of $14,546.00, will provide for the installation of a communications module at the Belt Marsh Pump Station and for the modification of a valve operator unit at Templeton Trails. The total contract amount will be increased to $298,115.00. The communications module will enable the water system to be operated from the Belt Marsh Pump Station if the computer system fails. This item was not included in the original bid specifications but would permit the efficient operation of the water system in the event of a computer failure as occurred in October. The valve operator unit needs to be modified to fit a new valve at the Templeton Trail storage tank site. Funding for Change Order No. 2 is available from the Water Bond Contingency Fund. The amount of $466,800.00 remains unencumbered in the contingency account. The Directors of Public Works and Engineering recommend adoption of Resolution No. 92-013 to approve Change Order No. 2 in the amount of $14,546.00, to Garico, Inc., Vol. 62, Page 146 increasing the contract amount to $298,115.00. A motion by Councilman Pyle, a second by Mayor Pro Tem Moses, all voting "aye", adopted Resolution No. 92-013 approving Change Order No. 2 in the amount of $14,546.00, to Garico, Inc., increasing the contract amount to $298,115.00. D.9 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. The following are travel requests to be considered: 1. NLC - Annual Congressional City Conference Washington, D. C. March 7-10, 1992 Mayor Blair made a motion to a approve travel request for any members of Council and the City Manager to attend the NLC - Annual Congressional City Conference in Washington, D.C., a second by Councilman Binford, with all members voting "aye" . 2. City Manager's Problems Clinic Salado, Texas February 27-28, 1992 A motion by Mayor Blair, a second by Councilman Pyle, all voting "aye", approved travel for City Manager Richard Escalante to attend a City Manager's Problems Clinic in Salado, Texas. D.10 CITIZEN PARTICIPATION. There was no one in the audience wishing to speak. MAYOR BLAIR ANNOUNCED THAT ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION. THE DISCUSSION OF THE ITEMS BEGAN AT 6:48 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 6:56 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION AT THE STUDY SESSION. THE ACTION ON THE ITEMS DISCUSSED IN THE EXECUTIVE SESSION WERE RECESSED UNTIL THE 7:30 P.M. MEETING. E. la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS APPOINTMENTS TO THE FARMERS BRANCH HISTORICAL PRESERVATION AND RESTORATION BOARD. Vol. 62, Page 147 2. DISCUSS APPOINTMENTS TO THE VALWOOD IMPROVEMENT AUTHORITY BOARD OF DIRECTORS. 3. DISCUSS APPOINTMENT TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS. A discussion was held relating to the appointments in the Study Session. ACTION TAKEN BY COUNCIL AT THE 7:30 P.M. MEETING OF THE EXECUTIVE SESSION ITEMS DISCUSSED IN THE STUDY SESSION BEGINNING AT 6:48 P.M. AND ENDING AT 6:56 P.M. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilman Phelps, a second by Mayor Pro Tem Moses, with all voting "aye", reappointed Glenna Grimmer to serve Place 3, Ron Doeler to serve Place 4, and Art Rousseau to serve Place 5 on the Farmers Branch Historical Preservation and Restoration Board for a term to expire January 1, 1994. Mayor Blair announced that the appointments for the Valwood Improvement Authority Board of Director would be considered at a later meeting. A motion by Councilman Binford, a second by Mayor Pro Tem Moses, all voting "aye", reappointed Joe Patterson to serve as Alternate Place 1 on the Zoning Board of Adjustments and Building Code Board of Appeals. F.1 ADJOURNMENT. A motion by Councilman Binford, a second by Mayor Pro Tem Moses, all voting "aye", adjourned the City Council meeting of January 20, 1992, at 8:59 P.M. Mayor City Secretary Vol. 62, Page 148