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1997-06-02 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JUNE 2, 1997 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Councilmembers Bob Phelps Charlie Bird Berry Grubbs Bill Moses James Robbs The following members of the City Council were absent: Mayor Pro Tern 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 Director of Planning City Engineer Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works Assistant to the City Manager Traffic Engineer Director of Equipment Services Recording Secretary Richard L. Escalante Linda Tidwell-Groomer John F. Burke John Boyle Cindee Peters Donna Huerta Norma Nichols Tom Scales Michael Spicer Jerry Murawski Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux Margaret Somereve Dave Davis Don Moore Suzanne Reynolds Mayor Phelps called the City Council Meeting of May 2, 1997 to order at 7:40 P.M. The meeting was televised. A.1 INVOCATION. Councilman Moses gave the invocation and Mayor Deputy Pro Tern Bird led the pledge of allegiance to the flag. A.2 PRESENTATION OF SERVICE AWARDS. Volume 75, page 1 Mayor Phelps presented a ten-year employee service award to Pat Haase of the Manske Library. A.3 PRESENTATION OF BOARD APPLICATIONS. Mrs. Nancy Hardie, 2731 Bay Meadows, stated she submitted an application for the Planning and Zoning Commission for Council's consideration. A.4 REPORT ON STUDY SESSION ITEMS. Mayor Phelps gave a brief summary of the items discussed in the Study Session held prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.2. Mayor Phelps stated 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 Deputy Mayor Pro Tern Bird, seconded by Councilman Grubbs, all voting "aye," added item D.3 to the Consent Agenda. A motion by Deputy Mayor Pro Tern Bird, seconded by Councilman Grubbs, all voting "aye," approved the following items on the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MAY 19, 1997. B.2 APPROVED THE REQUEST BY GRAHAM ASSOCIATES, INC., ON BEHALF OF THE FARMERS BRANCH GROUP, FOR SITE PLAN APPROVAL OF AN ADDITION TO THE PARKING LOT ON THE PROPERTY LOCATED AT 1801 VALLEY VIEW LANE, THE NORTHEAST CORNER OF KEENAN BRIDGE ROAD AND VALLEY VIEW LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 22 (PD-22) ZONING DISTRICT. D.3 ADOPTED RESOLUTION NO. 97-080 AWARDING THE BIDS FOR THE PURCHASE OF OFFICE SUPPLIES. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status of various projects and activities in the City. C.2 CONSIDER ADOPTING RESOLUTION NO. 97-090 AUTHORIZING THE SUBMISSION OF A PROJECT APPLICATION TO DALLAS COUNTY, Volume 75, page 2 TEXAS FOR THE 1997 FISCAL YEAR OF THE DALLAS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The City of Farmers Branch is eligible to receive $132,804 in Community Development Block Grants from Dallas County for fiscal year 1997. A public hearing was held on May 19, 1997. Funds for eligible projects may be spent in the targeted area which is generally considered Old Farmers Branch. Staff reviewed the targeted area and its needs and recommends the grant request funds for a new housing officer to be added for this area and that infrastructure rehabilitation (sidewalks, water and sewer) take place on Epps Field, Dixiana, Marietta, Leta Mae and Tom Field Road. The Project Application that will be submitted to Dallas County outlines these projects for the $132,804. Staff recommends that the Council adopt Resolution No. 97-090 which will authorized the submission of a project application to Dallas County, Texas for the 1997 Fiscal Year of the Dallas County Community Development Block Grant Program. There being no discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 97-090 authorizing the submission of a project application to Dallas County, Texas for the 1997 Fiscal Year of the Dallas County Community Development Block Grant Program. D.1 CONSIDER ADOPTING RESOLUTION NO. 97-078 APPROVING CHANGE ORDER NO. 2 TO A CONTRACT WITH T.J. LAMBRECHT CONSTRUCTION CO. RELATIVE TO THE CAMELOT LANDFILL SUBTITLE D CELL AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The City Council awarded a contract to T.J. Lambrecht Construction Co. to construct a Subtitle D Cell at the Camelot Landfill on February 17, 1997. The current contract amount is $1,370,000.00. Reed Engineering Group, the City's consulting engineer is recommending Change Order No. 2 to control ground water seepage. Change Order No. 2 consists of using a drainage blanket along the west slope of the cell to seal off water inflow. The Change Order is in the amount not to exceed $72,929.00, and will be funded from contingencies in the Non-Bond Capital Improvement Program Fund. The new contract amount for T.J. Lambrecht Construction Co. will be in the amount of $1,442,929.00 with this change order. The Director of Public Works recommends adoption of Resolution No. 97- 078 approving Change Order No. 2 to the contract with T.J. Lambrecht Volume 75, page 3 Construction Co. There being no discussion, a motion by Councilman Grubbs, seconded by Deputy Mayor Pro Tern Bird, all voting "aye," adopted Resolution No. 97- 078 approving Change Order No. 2 to the contract with T.J. Lambrecht Construction Co. D.2 CONSIDER ADOPTING RESOLUTION NO. 97-085 APPROVING PROFESSIONAL SERVICES SUPPLEMENT TO THE CONTRACT WITH BRINKLEY SARGENT ARCHITECTS FOR ADDITIONAL ONSITE CONSTRUCTION ADMINISTRATION Mayor Phelps presented the following information for consideration. On May 19, 1997, the City Council awarded the bid for the construction of the Farmers Branch Justice Center to R. C. Small and Associates in the amount of $5,550,000. In order to provide additional onsite construction administration and oversight, City Staff recommends approval of a Professional Services Supplement to the contract with Brinkley Sargent Architects. Under the proposal, Brinkley Sargent would provide additional onsite construction administration 20 hours per week during Phase I, construction of the new addition, and 10 hours per week during Phase II remodeling of the existing facility. This oversite would be in addition to the average of six hours per week job site oversite provided for in the original contract with Brinkley Sargent. The cost of the additional services is $58,240 which would be paid from the Non-Bond Capital Improvement Program Fund. The Assistant City Manager recommends approval of Resolution No. 97- 085 approving the Professional Services Supplement to the contract with Brinkley Sargent Architects in the amount of $58,240. Councilman Grubbs asked if the engineering department would provide inspection or oversite during the four week period before the engineering contract would begin. Mr. Jerry Murawski, City Engineer, stated it is a service the City can provide. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 97-085 approving the Professional Services Supplement to the contract with Brinkley Sargent Architects in the amount of $58,240. Mr. Escalante stated in reference to Agenda Item C.2 Project Description, Code Enforcement, Number of Beneficiaries reflect 1,163 household, and not 1,1 163 as shown on the project description form. D.3 CONSENT. D.4 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE Volume 75, page 4 THE APPROPRIATE ACTION. Councilman Robbs stated he would like to attend the AMCC Institute for new Councilmembers on July 24-27, 1997 in Waco, Texas. A motion by Councilman Moses, seconded by Mayor Deputy Pro Tern Bird, all voting "aye," approved travel for any Councilmembers wanting to attend the AMCC Institute on July 24-27, 1997 in Waco, Texas. Councilman Grubbs stated he traveled to Bellaire, Texas and took a tour of the city to view their revitalization program. Councilman Grubbs stated it was a great trip to see the redevelopment activity in Bellaire. He hoped the Farmers Branch redevelopment plan can initiate some of those same type of activities and see those kind of changes in Farmers Branch. D.5 CITIZEN PARTICIPATION. Mrs. Mildred Rogers, 14440 Shoredale, presented the City Council with her rebate check directing the City Council to give her check to the person receiving a $15,000 rebate check. She also presented the Council with a letter she received anonymously. Mrs. Rogers also stated she is still concerned with City Council travel. Mrs. Rogers read a lengthy letter concerning Council travel. Mrs. Rogers was asked to stop her presentation due to exceeding the three minute time limit. Chief of Police Jimmy Fawcett escorted Mrs. Rogers out of the Council Chambers. Mr. Nick Korba, 13210 Shahan, stated he visited the county tax office at Valley View and 1-35E and noticed there was no left hand turn lane. Mr. Murawski stated he would visit the area and get back with Mr. Korba. Mr. Escalante stated it should be noted that previously during the meeting Mrs. Rogers requested her rebate check be returned to the individual who had received a $15,000 rebate check. Mr. Escalante stated the check will be returned to Mrs. Rogers. Mr. Escalante stated it would be inappropriate for the City to endorse Mrs. Rogers' check. Mayor Phelps reiterated the City will be returning the check to Mrs. Rogers for her distribution. Volume 75, page 5 MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. STUDY SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:10 P.M., RECONVENED INTO GENERAL SESSION AT 6:18 P.M., RECESSED AGAIN INTO EXECUTIVE SESSION AT 7:00 P.M. AND CONCLUDED AT 7:35 P.M. FOR THE GENERAL SESSION. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 a DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE - SECTION 551.074 1. DISCUSS APPOINTMENT TO THE VALWOOD IMPROVEMENT AUTHORITY. 2. DISCUSS APPOINTMENTS TO THE LIBRARY BOARD. 3. DISCUSS REMOVAL AND APPOINTMENT OF PLANNING AND ZONING COMMISSION MEMBER FOR ALTERNATE PLACE 1 AND APPOINTMENT OF ALTERNATE PLACE 2. 4. DISCUSS CITY COUNCIL LIAISON APPOINTMENTS. Mayor Phelps and members of the City Council discussed appointments to various boards. E.1 b DISCUSS LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS ACQUISITION OF PROPERTY ADJACENT TO CITY PROPERTY ON EITHER SIDE OF KEENAN BRIDGE ROAD. 2. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED IN THE AREA BORDERED BY DANNY LANE, EPPS FIELD, DIXIANA, AND TOM FIELD ROAD. 3. DISCUSS LAND ACQUISITION OF REAL PROPERTY LOCATED AT 2508 VALLEY VIEW LANE. 4. DISCUSS LAND ACQUISITION OF REAL PROPERTY ADDRESSED AS 12911 AND 12929 BEE STREET. 5. DISCUSS LAND ACQUSITION OF PROPERTY OWNED BY THE CITY OF HIGHLAND PARK ADJACENT TO CAMELOT LANDFILL IN DENTON COUNTY. City Manager Richard Escalante and Assistant City Manager John Burke gave a report on possible land acquisition at various locations. Volume 75, page 6 E.1 c DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. DISCUSS POTENTIAL LITIGATION RELATED TO THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT ATTENDANCE ZONE ISSUE. City Attorney John Boyle and City Manager Richard Escalante updated the City Council on the attendance zone issue. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on personnel matters. A motion by Councilman Moses, a second by Councilman Bird, all voting "aye", adopted Resolution 97-042 appointing Anthony Venturi to the Valwood Improvement Authority. A motion by Councilman Bird, a second by Councilman Moses, all voting "aye", appointed John Fleming to the Library Board in the position of Alternate 2. A motion by Councilman Robbs, a second by Councilman Bird, all voting "aye", removed Austin Pittman from the Planning and Zoning Commission. A motion was made by Mayor Phelps to appoint Phil Sizer to the Planning and Zoning Commission as Alternate 1. The motion died for lack of a second. A motion by Councilman Moses, a second by Councilman Bird, all voting "aye", appointed Nancy Hardie to serve as Alternate 1 on the Planning and Zoning Commission. A motion by Councilman Robbs, a second by Councilman Moses, all voting "aye", appointed Ruben Rendon to serve as Alternate 2 on the Planning and Zoning Commission. A motion by Councilman Grubbs, a second by Councilman Moses, all voting "aye", appointed Councilman Bird to serve as the City Council Liaison to the Boys and Girls Club. Volume 75, page 7 E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported City staff updated the City Council on several possible land acquisitions in Farmers Branch. Mayor Phelps called for necessary action on land acquisition. A motion by Councilman Grubbs, a second by Councilman Bird, all voting "aye", approved the purchase of property addressed as 12911 and 12929 Bee Street in the amount of $94,000. E.4 CONSIDER NECESSARY ACTION ON PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported the City Attorney and the City Manager updated the City Council on the school issue. F.1 ADJOURNMENT. A motion by Councilman Bird, a second by Councilman Moses, all voting "aye", adjourned the City Council meeting of June 2, 1997, at 8:25 p.m. Mayor City Secretary Volume 75, page 8