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