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1992-02-03 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING FEBRUARY 3, 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 Calla Davis Ron Pyle 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 City Engineer Jerry Murawski Director of Finance Doug Vanderslice Director of Parks & Recreation Jeff Fuller Police Chief Jimmy Fawcett Director of Public Works Mark Pavageaux Traffic Engineer Dave Davis Recording Secretary Cindee Peters Mayor Blair called the City Council Meeting of February 3, 1992 to order at 7:30 P.M.. The meeting was televised. Vol. 62, Page 149 A.1 INVOCATION. Mayor Pro Tem Moses gave the invocation and led the pledge of allegiance to the flag. A.2 CONSIDER ACCEPTANCE OF FIRST QUARTER DONATIONS FOR 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. The Historical Preservation and Restoration Board and the Director of the Parks and Recreation Department recommend the acceptance of the first quarter donations for the Historical Park. Mayor Blair recognized Dean Nichols, Chairman of the Historical Preservation and Restoration Board. Mr. Nichols presented the list of the following donated items: The Ready Reference, Sutton and Bruce's Arithmetic, Our Language - Grammar, and The New Century Spelling Book, from Mrs. Billie Harrell, Carrollton. An 1879 Chickering Square Grand Piano, from Randy Locke, Lewisville. A motion by Councilman Phelps, a second by Mayor Pro Tem Moses, all voting "aye", accepted the various donations for the Historical Park. A.3 CHARLES D. HILLIARD RETIREMENT RECOGNITION FROM THE FIRE DEPARTMENT. Mayor Blair presented the following information for consideration. Charles Hilliard was employed by the City of Farmers Branch as a Private with the Fire Department on September 15, 1966. On January 1, 1968, he was promoted to the position of Fire Equipment Operator and has since served in this capacity as one of the most proficient fire equipment operators in the Department. A fire equipment operator is often the unsung hero of the Fire Department. However, few jobs are more important, since this individual must deliver the fire fighters to the emergency scene as quickly and safely as possible. Over 20% of all fire fighter deaths occur in vehicle accidents while responding to, or from emergency calls. Additionally, the fire equipment operator must be able to quickly connect their engine to a fire hydrant and provide water at proper pressures for the other fire fighters to extinguish the fires. A competent fire equipment operator is cherished by all who depend on him to carryout these vital responsibilities. Vol. 62, Page 150 Charles Hilliard has safely delivered his crew on thousands of emergency calls over his 25 year career and was never involved in a chargeable vehicle accident. He has been an exemplary employee and is highly respected by all who have worked with him. Charles and his wife Norma reside in Farmers Branch and they plan to travel after retirement. Their first trip will be up the eastern sea shore to Niagara Falls and into Canada in their travel trailer. Mayor Blair recognized Charles Hilliard. Mr. Hilliard thanked the City Council for the many years he served this great City. A.4 PRESENTATION OF SERVICE AWARDS. Mayor Blair presented a fifteen year employee service award to Donnie Davis of the Fire Department. A.5 PRESENTATION OF BOARD APPLICATIONS. Ms. Jackie Deaton presented her application to serve on the Historical Preservation and Restoration Board. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B. 5. Mayor Blair explained 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 Binford, all voting "aye", approved the Consent Agenda. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF JANUARY 20, 1992. B.2 ADOPTED RESOLUTION NO. 92-027 ACCEPTING A UTILITY EASEMENT FROM THE METROCREST HOSPITAL AUTHORITY FOR WATER METER VAULTS LOCATED AT MEDICAL PARKWAY NORTH AND MEDICAL PARKWAY. ILJ Vol. 62, Page 151 B.3 ADOPTED RESOLUTION NO. 92-022 AUTHORIZING GOODWILL INDUSTRIES TO MAINTAIN AN ATTENDED COLLECTION CENTER AT THE SOUTHEAST CORNER OF VALLEY VIEW LANE AND JOSEY LANE AS A TEMPORARY CIVIC OR PHILANTHROPIC USE. B.4 ADOPTED RESOLUTION NO. 92-023 AWARDING A BID TO VALLEN SAFETY SUPPLY COMPANY FOR REPLACEMENT OF SCOTT AIR BOTTLES FOR THE FIRE DEPARTMENT IN THE AMOUNT OF $8,743.50. B.5 ADOPTED RESOLUTION NO. 92-024, AWARDING A BID TO REPAINT FIRE ENGINE NO. 2, TO BOB'S PAINT AND BODY COMPANY IN THE AMOUNT OF $14,800.00. 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 A REQUEST BY JAMES B. HOCTOR TO AMEND ARTICLE 10, SECTION 101 OF THE COMPREHENSIVE ZONING ORDINANCE TO REDUCE THE MINIMUM REQUIRED FLOOR AREA FOR A ONE BEDROOM DWELLING UNIT IN THE MULTIPLE- FAMILY RESIDENCE-3 (MF-3) ZONING DISTRICT FROM 650 SQUARE FEET TO 400 SQUARE FEET AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The applicant, James B. Hoctor, has withdrawn the request. Mr. Hoctor withdrew his request immediately following a unanimous vote of the Planning and Zoning Commission to recommend that the requested amendment be denied. The City Staff recommends that the withdrawal be accepted and the Planning and Zoning Commission recommends that the request be denied. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", accepted Mr. Hoctor's withdrawal of the request to amend Article 10, Section 101 of the Comprehensive Zoning Ordinance to reduce the minimum required floor area for a one bedroom dwelling unit in the Multi-Family Residence-3 (MF-3) Zoning District from 650 square feet to 400 square feet. Vol. 62, Page 152 C.3 CONSIDER AMENDING ORDINANCES FOR ADDITION OF TWO (2) ALTERNATIVE MEMBERS TO EACH OF THE BOARDS: FARMERS BRANCH HISTORICAL PRESERVATION AND RESTORATION BOARD, FARMERS BRANCH PARKS AND RECREATION BOARD, AND, THE LIBRARY BOARD, AND TAKE THE APPROPRIATE ACTION. Mayor Blair explained this item was put on the agenda at his request. Mayor Blair stated that City Council had adopted ordinances allowing alternates to serve on various other boards and commissions. Mayor Blair explained this would allow more spaces to open up on boards and commissions, and an alternate member could vote when a board member could not attend a meeting. Mayor Blair stated the following ordinances have been prepared for consideration that will add two alternate positions to the Farmers Branch Historical Preservation and Restoration Board, the Library Board and the Park and Recreation Board: Ordinance No. 1973 - Historical Preservation and Restoration Board Ordinance No. 1974 - Library Board Ordinance No. 1975 - Park and Recreation Board A motion by Councilman Pyle, a second by Councilman Phelps, all voting "aye", adopted the following captioned Ordinance Numbers 1973, Ordinance 1974 and Ordinance 1975 for the addition of two alternative members to the Historical Preservation and Restoration Board, the Library Board, and Parks and Recreation Board. NO. 1973 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 1369, ARTICLE II, SECTION A, RELATIVE TO THE CREATION OF FARMERS BRANCH HISTORICAL PRESERVATION AND RESTORATION BOARD AND ITS MEMBERSHIP AND PROVIDING AN EFFECTIVE DATE. NO. 1974 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ARTICLE II, SECTION 16-22 OF THE FARMERS BRANCH CODE OF ORDINANCES, RELATIVE TO THE CREATION OF THE LIBRARY BOARD AND ITS MEMBERSHIP AND PROVIDING AN EFFECTIVE DATE. Vol. 62, Page 153 NO. 1975 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ARTICLE II, SECTION 18-11 OF THE FARMERS BRANCH CODE OF ORDINANCES, RELATIVE TO THE CREATION OF THE PARK AND RECREATION BOARD AND ITS MEMBERSHIP AND PROVIDING AN EFFECTIVE DATE. D.1 DISCUSS MARCH CITY COUNCIL MEETING DATES AND TAKE THE APPROPRIATE ACTION. Mayor Blair stated this item was put on the agenda at his request. Mayor Blair stated he had a conflict with the first meeting date in March. After some discussion, a motion by Councilman Phelps, a second by Mayor Pro Tem Moses, all voting "aye", changed the March City Council meeting dates to March 9 and March 23. D.2 CONSIDER RESOLUTION NO. 92-029 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH EAGLE AUDIO FOR A FIREWORKS SHOW ON SATURDAY, JULY 4, 1992 IN AN AMOUNT NOT TO EXCEED $23,300 AND TAKE APPROPRIATE ACTION. Mayor Blair presented the following information for consideration. The hotel management of Farmers Branch are recommending an upgraded show for 1992. July 4, 1992 is on a Saturday night. Eagle Audio will coordinate the entire show including an electronically fired show choreographed to a music track for a cost not to exceed $23,300. The fireworks show is budgeted in the hotel/motel tax fund. The staff recommends adopting Resolution No. 92-029 approving the Fireworks Contract with Eagle Audio, for the July 4, 1992 Fourth of July Weekend Celebration at the Doubletree Hotel. Mayor Blair stated a local firm would like to submit a bid to sub-contract with Eagle Audio to supply appropriate materials for the fireworks show. Mayor Blair stated the second page of the contract should be changed to read: Price: Not to exceed $23,300.00. Councilwoman Davis asked why the music started at 4:00 p.m. that day when the fireworks show was at night. City Manager Richard Escalante stated the music was part of the whole day's activities prior to the fireworks show. Vol. 62, Page 154 Councilman Binford stated he would like to know the City's options for this day if rain were to occur. City Manager Richard Escalante stated the contract read the City had the option to reschedule and pay an additional setup fee only or cancel the display upon payment to Eagle Audio, Inc. of actual expenses incurred plus 25 % of the contract price. A motion by Mayor Blair, a second by Councilman Binford, all voting "aye", adopted Resolution 92-029 authorizing the City Manager to enter into a contract with Eagle Audio subject to the following change, that the "Price: Not to exceed $23,300.00" on page two (2) and that Eagle Audio be required to solicit a bid from the above mentioned local firm. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Councilwoman Davis stated she is being appointed to a TML committee and requested permission to travel to Austin in February or March for a meeting. A motion by Mayor Blair, a second by Councilman Pyle, all voting "aye", approved travel to Austin for Councilwoman Davis to attend the TML Committee meetings. Councilwoman Davis asked if any member of City staff should attend a meeting sponsored by the Trinity River Improvement Authority. City Engineer Jerry Murawski stated he felt no need for City staff to attend this meeting. DA CITIZEN PARTICIPATION. There were no applications presented. MAYOR BLAIR ANNOUNCED THAT ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE STUDY SESSION. THE DISCUSSION OF THE ITEMS BEGAN AT 6:35 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 7:28 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 VALWOOD IMPROVEMENT AUTHORITY BOARD OF DIRECTORS. Vol. 62, Page 155 A discussion was held relating to the appointments in the Study Session to the Valwood Improvement Authority Board of Directors. E. lb DISCUSS LAND ACQUISITIONS - ARTICLE 6252-17, SEC. 2(f) 1. DISCUSS POSSIBLE LAND ACQUISITION. No discussion was held on this item. E.lc DISCUSS PENDING AND CONTEMPLATED LITIGATION - ARTICLE 6252-17 SEC. 2(e) 1. CITY OF MESQUITE VS. SOUTHWESTERN BELL. City Attorney John Boyle discussed the litigation between the City of Mesquite and Southwestern Bell relating to telephone franchise fees. The City Attorney and City Staff discussed with the Council regarding the City of Farmers Branch's existing franchise agreement with Southwestern Bell and of the proposal to renegotiate the agreement. ACTION TAKEN BY COUNCIL AT THE 7:30 P.M. MEETING OF THE EXECUTIVE SESSION ITEMS DISCUSSED IN THE STUDY SESSION BEGINNING AT 6:35 P.M. AND ENDING AT 7:28 P.M. 1 E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. A motion by Mayor Pro Tem Moses, a second by Councilman Pyle, with all voting "aye", reappointed Mike Tucker, Place 1; Michael Fitzpatrick, Place 3; and Buddy Rees, Place 5, to the Valwood Improvement Authority Board of Director for a term to expire December 31, 1993. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced that there was not a discussion held in the Executive Session due to the improper agenda notice title. EA CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair announced that a discussion was held and the legal staff will continue to keep the Council informed of the status involving the City's existing franchise agreement with Southwestern Bell Telephone Company. F.1 ADJOURNMENT. Vol. 62, Page 156 A motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", adjourned the City Council meeting of February 3, 1992, at 8:15 P.M. 4 t t Mayor City Secretary 1 Vol. 62, Page 157