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2007-02-05 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, February 5, 2007 6:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tem Ben Robinson Deputy Mayor Pro Tern Tim O'Hare Councilmembers Bill Moses Jim Smith The following members of the Administration were present: City Manager Linda Groomer Assistant City Manager Mary Jane Stevenson Assistant City Manager Greg Vick City Secretary Cindee Peters City Attorney John Boyle City Engineer Jerry Murawski Director of Economic Development Norma Nichols Reed Assistant to the City Manager John Roach Finance Director Charles Cox Assistant to the Director of Public Works Margaret Somereve Director of Parks and Recreation Jeff Fuller Library Director Danita Barber Police Chief Sid Fuller Fire Chief Kyle King Director of Community Services Michael Spicer Director of Communications Tom Bryson Director of Equipment Services Don Moore Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of February 5, 2007 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Moses gave the invocation and Deputy Mayor Pro Tem O'Hare led the pledge of allegiance. Volume 99, page 1 Mayor Phelps asked that the record show that Councilman Bird was not in attendance due to illness. A motion by Councilman Moses, seconded by Councilman Smith, all voting "aye," approved Councilman Bird's absence. A.2 CONSIDER ACCEPTANCE OF DONATION OF APPLIANCES FROM MEMBERS OF "CAUSE FOR PAWS" TO THE ANIMAL SHELTER. Tom and Judi Hacker and Don and Karen Smith, members from "Cause for Paws," were present to offer the City a washer and dryer for use at the Animal Shelter. The washer and dryer will be utilized to clean blankets, towels, and toys for the Shelter animals. A motion by Councilman Smith, seconded by Deputy Mayor Pro Tem O'Hare, all voting "aye," accepted the donation of appliances from members of "Cause for Paws" to the Animal Shelter. A.3 PRESENTATION OF SERVICE AWARD - KEVIN HICKEY OF THE EQUIPMENT SERVICES DEPARTMENT - 25 YEARS Mayor Phelps presented a 25-year employee service award to Kevin Hickey with the Equipment Services Department. A.4 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.5 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session. Mayor Phelps stated that Items D.3, DA, and D.5 on this agenda would be continued until a Special City Council meeting of February 12, 2007 at 6:00 p.m. A motion by Councilman Moses, seconded by Mayor Pro Tem Robinson, all voting "aye," moved that Agenda Items D.3, DA, and D.5 be continued to a special meeting called for Monday, February 12, 2007 at 6 p.m. to allow the developer to present the City with the advanced funding required prior to Council adopting the agreements and approving bid awards associated with the West Side Development projects. Assistant City Manager Greg Vick gave a brief presentation updating Council on redevelopment activities and the Home Incentive Programs. Mayor Phelps asked if the presentation would be on the web site and the City's Channel 16. City Manager Linda Groomer stated the presentation would be put Volume 99, page 2 on the City's web site, and when it is adopted the webpage would be used for advertising and marketing the incentive program. Councilman Moses asked if the program would continue as proposed. Mr. Vick replied that in six months to a year, the City would examine the program closely to see if any modifications are needed, and that he thought certain elements would change as the program was evaluated in the future. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. A motion by Mayor Pro Tem Robinson, seconded by Councilman Moses, all voting "aye," approved the consent agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JANUARY 22, 2007. B.2 ADOPTED RESOLUTION NO. 2007-019 AUTHORIZING THE CITY MANAGER TO RENEW AN AGREEMENT WITH CAROLYN C. CHANEY & ASSOCIATES, INC. TO PROVIDE FEDERAL LOBBYING AND INFORMATION SERVICES. B.3 ADOPTED RESOLUTION NO. 2007-015 AWARDING THE BIDS FOR THE PURCHASE OF AN ANNUAL SUPPLY OF AGGREGATE MATERIALS TO VARIOUS VENDORS FOR AN AMOUNT NOT TO EXCEED $60,000. C.1 CITIZEN REQUESTED AGENDA ITEM: CONSIDERATION OF NO SMOKING ORDINANCE WITHIN THE CITY LIMITS OF FARMERS BRANCH, AS PRESENTED BY RESIDENT VERNON SMITH, 2715 BAY MEADOWS CIRCLE. Vernon Smith, 2715 Bay Meadows Circle, gave a presentation asking Council to consider a citywide non-smoking ordinance within the city limits of Farmers Branch. Mayor Phelps recommended the City wait to see what the State Legislature does regarding a proposed non-smoking bill. He stated whatever action the State would take would preempt whatever the City adopts. C.2 PUBLIC COMMENTS BY FARMERS BRANCH RESIDENTS. David Koch, 3243 Brincrest, presented donations to the Council on behalf of the web site www.farmersbranchlegaldefensefund.com. That amount totaled $2,721.51. He also presented a check for $100 from Richard and Diana Couch, and a $1,000 check from Hazel Johnson. Volume 99, page 3 Tony Salerno, 2519 Danny Lane, stated he is concerned about the funds being donated to the City's legal defense fund and would like to see their sources scrutinized. Liz Biss, 13545 Heartside Place, stated she believes that Farmers Branch will need a lot of reconciliation and healing after the May 12th election and asked Council to craft a truly excellent, honorable strategy between now and that time. Jim Manning, 3712 Clubway, asked the Council to start building bridges of understanding in the community. Salvador Parada, 12904 Harrisburg, stated he feels immigration issues should be left up to the federal government, not the local government. Tom Bohmier, 14506 Oakmont, shared an email with the Council regarding Mexico's policies on immigration. D.1 CONSIDER ADOPTING RESOLUTION NO. 2007-011 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TORTI GALLAS AND PARTNERS TO ASSIST THE CITY WITH DEVELOPMENT OF A MASTER PLAN, INCLUDING A COMMUNITY VISIONING CHARRETTE, FOR THE FOUR CORNERS COMMERCIAL NEIGHBORHOOD SITUATED AT THE INTERSECTION OF JOSEY LANE AND VALLEY VIEW LANE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In December 2004, City staff presented to the City Council a preliminary report that examined the physical and economic health of the Four Corners retail centers. In June 2006, City staff prepared a follow-up report that recommended the City seek assistance in developing a long-term sustainable vision for the Four Corners. The City Council-appointed Branch Revitalization Task Force subsequently endorsed the approach of retaining a consultant team to assist the City in development of a vision and master plan for the area. Following an extensive Request For Qualifications review process that included submittals from more than two-dozen local and national firms, Torti Gallas and Partners has been selected for the job. Torti Gallas and Partners is a highly honored and nationally recognized architecture and planning agency that brings to Farmers Branch extensive experience and expertise from working with a broad range of both private and public sector clients for more than 50 years. Staff has contacted current and former clients of Torti Gallas and all have been highly complimentary of the firm's work. The real estate advisory firm of Robert Charles Lesser & Company will complement the Torti Gallas team, conducting a preliminary market assessment for the project. Volume 99, page 4 Resolution 2007-011 authorizes the City Manager to execute a contract with Torti Gallas and Partners in the amount of $111,000 for professional services plus reimbursable expenses not to exceed $16,500. A contingency amount of $10,000 is also authorized. Funding for these services is available in the City's Redevelopment Fund. Staff recommends adoption of Resolution No. 2007-011 authorizing the City Manager to execute a contract with Torti Gallas and Partners for master planning related to the Four Corners. Mayor Pro Tem. Robinson asked for clarification regarding the execution of the master plan for the four corners area at Valley View and Josey Lane, specifically as to how a vision would be developed with more than 40 property owners. City Manager Linda Groomer replied that Torti Gallas was asked to do an extensive charrette and visioning project, similar to the one conducted for the DART station area. She stated the City would be working with the surrounding neighborhoods to develop a uniform vision. She stated property owners, along with Torti Gallas, would be involved in making decisions about the best use for the properties together; the City would not develop the vision for the property owners. Recommendations would then be presented to the City Council. Mayor Phelps stated Torti Gallas comes with very strong qualifications and is highly recommended. Ms. Groomer stated as the City looks at retail and redevelopment areas in the City, some of the key components that come forth from the Four Corners project could be applicable to other areas of the City. There being no further discussion, a motion by Mayor Pro Tern Robinson, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2007- 011 authorizing the City Manager to execute a contract with Torti Gallas and Partners for master planning services related to the Four Corners. D.2 CONSIDER ADOPTING RESOLUTION NO 2007-016 APPROVING THE PURCHASE OF UPGRADE SOFTWARE/HARDWARE FROM MULTIFORCE SYSTEMS CORPORATION AND AWARDING THE CONTRACT FOR UPGRADE OF THE CITY'S FUEL STORAGE TANK MONITORING, VAPOR RECOVERY AND DISPENSING EQUIPMENT TO CORE ENGINEERED SOLUTIONS, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2006-2007 Fixed Asset fund includes $176,000, for equipment software/hardware upgrades to the City's fuel storage tank monitoring, vapor recovery, dispensing and inventory control systems to comply with State mandated requirements. The City purchased the present system in 1998 and the software/hardware must be upgraded to operate on Volume 99, page 5 the City's local area network. Staff developed a Request for Proposals, or RFP, that was sent to the State of Texas Multiple Award Schedule, or TXMAS, contractor. TXMAS is part of the State's cooperative purchasing program. The qualified contractor, Core Engineered Solutions provided a quote for upgrade of the storage tank monitoring, vapor recovery and dispensing equipment at the City's three fuel-dispensing locations in the total amount of $107,901.31. Core Engineering Solutions informed staff that they could not provide the inventory management software/hardware upgrade because it was proprietary and only available from Multiforce Systems Corporation. Staff researched Texas Local Government Code and found that Section 252.0222 of the Texas Local Government Code pertaining to general exemptions allows for procurement of items that are available from only one source. City staff then sent a quote request to Multiforce Systems Corporation for the software/hardware upgrade capable of operating on the City's Window-based network. Multiforce Systems Corporation responded with a quotation meeting City specifications for an upgrade of the inventory management and control system software/hardware at all three of the City's locations in the amount of $68,044. The total for all required upgrades is $175,945.31 Staff recommends adopting Resolution No. 2007-016 awarding the contract for upgrade of the City's fuel tank monitoring, vapor recovery and dispensing equipment to Core Engineered Solutions in the total amount of $107,901.31 and approval to purchase upgrade software/hardware, including installation, from Multiforce Systems Corporation in the amount of $68,044. There being no discussion, a motion by Councilman Moses, seconded by Councilman Smith, all voting "aye," adopt Resolution No. 2007-016 awarding the contract for upgrade of the City's fuel tank monitoring, vapor recovery and dispensing equipment to Core Engineered Solutions in the total amount of $107,901.31 and approval to purchase upgrade software/hardware, including installation, from Multiforce Systems Corporation in the amount of $68,044. D.3 CONSIDER ADOPTING RESOLUTION NO. 2007-003 APPROVING THREE PROFESSIONAL DESIGN SERVICES AGREEMENTS WITH PATE ENGINEERS, INC. RELATIVE TO PUBLIC IMPROVEMENTS ON THE WEST SIDE AND TAKE APPROPRIATE ACTION. Mayor Phelps stated this agenda item would be continued to a special meeting on Monday, February 12, 2007 at 6 p.m. DA CONSIDER ADOPTING RESOLUTION NO. 2007-004 AWARDING THE BID FOR FOUR MERCER CROSSING DEVELOPMENT SIGNS TO HARDSCAPE CONSTRUCTION SPECIALTIES, INC. AND TAKE APPROPRIATE ACTION. Volume 99, page 6 Mayor Phelps stated this agenda item would be continued to a special meeting on Monday, February 12, 2007 at 6 p.m. D.5 CONSIDER ADOPTING RESOLUTION NO. 2007-005 AWARDING THE BID FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS TO MERCER PARKWAY FROM VALLEY VIEW LANE TO LUNA ROAD TO AMERICAN LANDSCAPE SYSTEMS, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps stated this agenda item would be continued to a special meeting on Monday, February 12, 2007 at 6 p.m. D.6 CONSIDER ADOPTING RESOLUTION NO. 2007-014 AUTHORIZING THE PURCHASE OF A FIRE ENGINE FOR FIRE STATION NO.3 FROM AMERICAN LAFRANCE GULF COAST THROUGH THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS CONTRACT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Fire Department is in the process of constructing a new fire station at 13303 Hutton Drive, with groundbreaking ceremonies scheduled for February 27. A new fire engine is needed to provide services from this facility. Funds totaling $720,000 are available in the Fire Department's 2006-07 Fixed Asset fund to purchase this engine and necessary equipment. The Houston-Galveston Area Council of Governments Purchasing Cooperative received bids for a fire engine manufactured by American LaFrance Gulf Coast that satisfies the specifications of the Farmers Branch Fire Department. The Houston-Galveston Area Council of Governments purchasing program complies with State purchasing laws and the City has an Interlocal Agreement with the Houston-Galveston Area Council of Governments to purchase the fire engine. Since 1993, the Fire Department has satisfactorily purchased four fire engines and three ambulances utilizing HGAC contracts. The total purchase price to be paid to American LaFrance Gulf Coast for this fire engine is $608,446. The price includes the Houston-Galveston Area Council of Governments administrative fee of $2,000. The fire engine is very similar to the fire engine operating out of Fire Station No. 2. It has all of the standard features required by the National Fire Protection Association for certification as a fire engine plus an elevated master. The elevated master stream is 65 feet in length to address fire suppression and rescue issues associated with the large, multifamily structures being developed on the City's west side. Volume 99, page 7 Since this is an addition to the Fire Department fleet, approximately $107,000 will be needed to purchase and install new emergency equipment on the vehicle. This equipment will be purchased from other vendors at a later date. The Fire Chief recommends adopting Resolution No. 2007-014 authorizing the purchase of a 2007 fire engine from American LaFrance Gulf Coast through the Houston-Galveston Area Council of Governments contract in the amount of $608,446. There being no discussion, a motion by Councilman Smith, seconded by Deputy Mayor Pro Tem O'Hare, all voting "aye," adopted Resolution No. 2007-014 authorizing the purchase of a fire engine from American LaFrance Gulf Coast utilizing the Houston-Galveston Area Council of Governments contract in the amount of $608,446. D.7 CONSIDER APPOINTMENTS TO THE ANIMAL SHELTER ADVISORY COMMITTEE AND TAKE APPROPRIATE ACTION. A motion by Mayor Pro Tem Robinson, seconded by Deputy Mayor Pro Tem O'Hare, all voting "aye," reappointed Dr. Gerald V. Pendery, DVM, to the Animal Shelter Advisory Committee. D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no Council travel reports, requests or Council committee or organizational reports. D.9 PUBLIC COMMENTS BY NON-FARMERS BRANCH RESIDENTS. There were no comments made. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED PRIOR TO THE REGULAR CITY COUNCIL MEETING. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 3:31 P.M. AND THEN RECESSED AT 3:59 P.M. AND THEN RECONVENED AT 6:00 P.M. AND CONCLUDED AT 6:16 P.M. 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 DISCUSS ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT CODE SECTION 551.087. Volume 99, page 8 Discuss possible amendment to chapter 380 lease agreement with the Dallas Texans select soccer organization. Mayor Phelps explained that City staff was present to discuss this item with the City Council. E.2 DISCUSS LAND ACQUISITIONS SALE, PURCHASE, TRADE OR LEASE AND ECONOMIC DEVELOPMENT - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss Keenan Cemetery. Discuss possible amendment to Chapter 380 lease agreement with the Dallas Texans Select soccer organization. Mayor Phelps explained that the City Attorney was present to discuss this item with the City Council. E.3 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Ramos v. City of Farmers Branch Barrietos, et al. v. Farmers Branch Villas at Parkside Partners, et al. v. Farmers Branch Alfredo Vasquez, et al. v. Farmers Branch Mayor Phelps explained that the City Attorney was present to discuss this item with the City Council. EA CONSULTATION WITH CITY ATTORNEY ON MATTERS IN WHICH THE DUTY OF THE CITY ATTORNEY UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICTS WITH CHAPTER 551 OF THE TEXAS GOVERNMENT CODE-TEXAS GOVERNMENT CODE 551.071(2) (ENGLISH LANGUAGE PROCLAMATION, ILLEGAL IMMIGRATION REGULATIONS, BUSINESS LICENSING, AND RENTAL LICENSING). Mayor Phelps explained that the City Attorney was present to discuss this item with the City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps explained the City Council was updated on items in executive session and no action was necessary. Volume 99, page 9 1 F.2 ADJOURNMENT. A motion by Councilman Smith, a second by Mayor Pro Tem Robinson, all voting "aye," adjourned the City Council meeting of February 5, 2007 at 7:40 p.m. Bob Phelps, Mayor Cindee Peters, City Secretary Volume 99, page 10