2007-05-21 CC MinutesCity of Farmers Branch
City Council Regular Meeting Agenda
City Hall Plaza
13000 William Dodson Parkway
Farmers Branch, Texas
Monday, May 21, 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 Tem
Tim O'Hare
Councilmembers
Charlie Bird
Bill Moses
Jim Smith
Newly Elected Officials
David Koch
Tim Scott
The following members of the Administration were present:
City Manager
Assistant City Manager
Assistant City Manager
Assistant to the City Manager
City Secretary
City Attorney
City Engineer
Director of Economic Development
Director of Community Services
Finance Director
Director of Public Works
Director of Parks and Recreation
Library Director
Police Chief
Fire Chief
Director of Communications
Recording Secretary
Gary D. Greer
Mary Jane Stevenson
Greg Vick
John Roach
Cindee Peters
John Boyle
Jerry Murawski
Norma Nichols Reed
Michael Spicer
Charles Cox
Mark Pavageaux
Jeff Fuller
Danita Barber
Sid Fuller
Kyle King
Tom Bryson
Suzanne Reynolds
Mayor Phelps called the City Council meeting of May 21, 2007 to order at 6:30 p.m. The
meeting was televised.
A.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Deputy Mayor Pro Tem O'Hare gave the invocation and led the Pledge of
Allegiance.
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A.2 CANVASS THE ELECTION RETURNS OF MAY 12, 2007 CITY COUNCIL
ELECTION.
Mayor Phelps stated Farmers Branch had an election on Saturday, May 12, 2007,
and Place 1 and Place 4 were up for reelection. He stated the results were as
follows:
In Place 1, Jose Galvez, received 869 votes, Berry Grubbs received 1,274 votes
and Tim Scott received 3,837 votes.
In Place 4, David Koch received 3,942 votes and Tony Salerno received 2,027
votes.
Ordinance No. 2903, amending the Apartment Complex Rental ordinance to
mandate citizenship certification requirements results were as follows: For the
Ordinance received 4,059 votes and Against the Ordinance received 1,944 votes.
Mayor Phelps stated that Tim Scott received a majority of the votes cast for the
office of Councilperson, Place 1, and is hereby declared to be elected to said
office to serve after qualifying until the regular municipal election in 2010, and
until a successor shall have been elected and shall have qualified.
Mayor Phelps stated that David Koch received a majority of the votes cast for the
office of Councilperson, Place 4, and is hereby declared to be elected to said
office to serve after qualifying until the regular municipal election in 2010, and
until a successor shall have been elected and shall have qualified.
Mayor Phelps stated that Ordinance No. 2903 was considered favorably, and is
hereby declared that Ordinance No. 2903 is deemed passed in accordance with
Section 11.11 of the Charter.
Mayor Phelps administered the oath of office and the certificate of election to Tim
Scott, Place 1. Mayor Phelps also presented Councilman Scott with a Council
lapel pin.
Mayor Phelps administered the oath of office and the certificate of election to
David Koch, Place 4. Mayor Phelps also presented Councilman Koch with a
Council lapel pin.
A motion by Councilman Bird, seconded by Councilman Moses, with all voting
"aye," adopted Resolution No. 2007-069 certifying the results of the May 12,
2007 City Council Election.
RESOLUTION NO. 2007-069
CANVASS OF THE RETURNS AND DECLARATIONS OF
THE RESULTS OF AN ELECTION HELD IN THE CITY OF
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FARMERS BRANCH, TEXAS, ON MAY 12, 2007 FOR THE
ELECTION OF COUNCIL, PLACE 1 AND COUNCIL, PLACE
4.
A.3 PRESENTATION OF COUNCIL CERTIFICATES TO COUNCILMEMBERS
BILL MOSES AND CHARLIE BIRD.
Mayor Phelps presented a certificate, a watch and a street sign (Bill Moses
Parkway) to Bill Moses for his service to the City.
Mayor Phelps presented a certificate, a watch and a street sign (Charlie Bird
Parkway) to Charlie Bird for his service to the City.
Mayor Phelps announced a 10-minute recess until 7:15 p.m.
A.4 ELECT MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM.
Councilman Smith made a motion to appoint Tim O'Hare as Mayor Pro Tem and
Councilman Scott as Deputy Mayor Pro Tem. The motion died for lack of a
second.
The motion was amended by Deputy Mayor Pro Tem O'Hare, seconded by
Councilman Koch, all voting "aye," appointed Tim O'Hare as Mayor Pro Tem
and Ben Robinson as Deputy Mayor Pro Tem.
A.5 PRESENTATION OF SERVICE AWARD - SAM MOORE OF THE FIRE
DEPARTMENT - 20 YEARS.
Mayor Phelps presented a 20-year employee service award to Sam Moore with
the Farmers Branch Fire Department.
A.6 PRESENTATION OF SERVICE AWARD - JERRY DUFFIELD OF THE FIRE
DEPARTMENT -20 YEARS.
Mayor Phelps presented a 20-year employee service award to Jerry Duffield with
the Farmers Branch Fire Department.
A.7 PRESENTATION OF BOARD APPLICATIONS AND APPOINTMENTS TO
THE COMMUNITY WATCH COMMITTEE AND THE SCHOOL-
COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE
ACTION.
There were no applications presented.
A.8 REPORT ON STUDY SESSION ITEMS.
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Mayor Phelps gave a brief summary of the items discussed in Study Session.
B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE
APPROPRIATE ACTION.
Mayor Phelps stated consent items are items that are to be considered 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 consent items is to
speed up discussion for those items that need more time for discussion.
A motion by Mayor Pro Tern O'Hare, seconded by Councilman Koch, all voting
"aye," approved the Consent Agenda as submitted.
B.1 APPROVED MINUTES OF CITY COUNCIL MEETINGS OF MAY 7,
2007 AND MAY 14, 2007 AND TAKE APPROPRIATE ACTION.
B.2 ADOPTED RESOLUTION NO. 2007-073 APPROVING THE
APPOINTMENT OF BEN ROBINSON AND THE RE-APPOINTMENT
OF MARY JANE STEVENSON AND JERRY MURAWSKI TO SERVE
ON THE BOARD OF DIRECTORS FOR THE FARMERS BRANCH
LOCAL GOVERNMENT CORPORATION AND RESOLUTION 2007-
074 APPROVING THE APPOINTMENT OF BEN ROBINSON TO THE
OFFICE OF VICE PRESIDENT OF THE FARMERS BRANCH LOCAL
GOVERNMENT CORPORATION.
B.3 ADOPTED RESOLUTION NO. 2007-061 AWARDING AN
INCENTIVE GRANT IN THE AMOUNT OF $8,140.50 TO THE
PROPERTY OWNER OF 12922 EPPS FIELD ROAD AND
COMPLIMENTARY SERVICES IN AN AMOUNT NOT TO EXCEED
$3,629.40 UNDER THE NEW HOME BUYER INCENTIVES
PROGRAM ON BEHALF OF THE PROPERTY OWNER OF 12922
EPPS FIELD ROAD.
B.4 ADOPTED ORDINANCE NO. 2917 ESTABLISHING THE PERMIT
PROCESS AND REQUIREMENTS FOR ALL SEISMIC SURVEYS
PERFORMED WITHIN THE CITY OF FARMERS BRANCH.
ORDINANCE NO. 2917
AN ORDINANCE OF THE CITY OF FARMERS BRANCH,
TEXAS, ESTABLISHING THE PERMIT PROCESS AND
REQUIREMENTS FOR ALL SEISMIC TESTING WITHIN THE
CITY LIMITS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00);
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PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING
AN EFFECTIVE DATE
B.5 ADOPTED RESOLUTION NO. 2007-067 AUTHORIZING THE
SUBMISSION OF A PROJECT APPLICATION TO THE DALLAS
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FOR 2007-2008.
B.6 APPROVED THE REQUEST FOR OF THE FINAL PLAT OF ARDILA
OFFICE DEVELOPMENT, BEING PLATTED OUT OF THE THOMAS
KEENAN SURVEY ABSTRACT.
B.7 ADOPTED RESOLUTION NO. 2007-062 APPROVING A BID FOR
THE SALE OF CERTAIN TAX SALE PROPERTY STRUCK OFF TO
THE CITY OF FARMERS BRANCH, COUNTY OF DALLAS, TEXAS,
ET. AL. PURSUANT TO SECTION 34.01 ET SEQ., TEXAS
PROPERTY TAX CODE.
B.8 ADOPTED RESOLUTION NO. 2007-070 AWARDING BIDS FOR
MEDICAL SUPPLIES FOR THE FIRE DEPARTMENT.
B.9 ADOPTED RESOLUTION NO. 2007-071 AWARDING THE BID FOR
HOLIDAY LIGHTING INSTALLATION, MAINTENANCE AND
REMOVAL TO THE CHRISTMAS LIGHT COMPANY.
C.1 PUBLIC COMMENTS.
Linda Subject, 2949 Primrose, congratulated Tim Scott and David Koch and
thanked everyone who helped with early voting.
Dick Selby, 3523 Bevann Drive, thanks everyone for running a peaceful election.
He stated each side worked well together.
Matt Burton, 3212 Rolling Knoll Place, thanked Councilmen Moses and Bird for
their guidance while serving on the City Council, and expressed his delight in the
passage of Ordinance No. 2903 on Saturday, May 12, 2007.
John Wells, 13521 Heartside Place, expressed his concerns regarding the new
changes to "Public Comments" on the regular agenda.
D.1 CONSIDER ADOPTING RESOLUTION NO. 2007-066 AUTHORIZING THE
CITY MANAGER TO PURCHASE A REPLACEMENT SEWER CLEANING
TRUCK FOR THE PUBLIC WORKS UTILITIES DIVISION AND TAKE
APPROPRIATE ACTION.
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Mayor Phelps presented the following information. The Public Works
Department is responsible for maintenance and operation of approximately 100
miles of sewer lines throughout the City. The sewer cleaning truck is used on a
daily basis to clean and clear lines. The current one is 10 years old and the 2006-
2007 Fixed Asset fund includes $99,000 for the purchase of a replacement sewer
cleaning truck for the Public Works Utilities Division.
The Texas Local Government Code purchasing statutes permit agencies such as
Councils of Governments to create cooperative purchasing programs. The City of
Farmers Branch entered into an interlocal agreement with the Houston-Galveston
Area Council of Governments to purchase vehicles and equipment. The City of
Farmers Branch has previously purchased numerous vehicles and pieces of
equipment utilizing Houston-Galveston Area Council contractors.
Staff prepared specifications and determined that the sewer cleaning truck could
be purchased utilizing a cooperative purchasing agreement. The Houston-
Galveston Area Council of Governments' contract vendor, Texas Underground
Inc., submitted a contract quote in the amount of $98,522.50, which met all of the
City's specifications.
City Administration recommends adopting Resolution No. 2007-066 awarding the
quote for one 2007 model chassis with truck-mounted sewer cleaning system to
Texas Underground Inc., for a total amount not to exceed $98,522.50.
There being no discussion, a motion by Deputy Mayor Pro Tern Robinson,
seconded by Councilman Scott, all voting "aye,' adopted Resolution No. 2007-
066 to purchase a replacement sewer cleaning truck.
D.2 CONSIDER ADOPTING RESOLUTION NO. 2007-068 AWARDING THE BID
FOR THE RECONSTRUCTION OF SENLAC DRIVE TO MCMAHON
CONTRACTING, L.P. AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. The 2006-2007 Capital.
Improvement Program, Non-bond Fund provides $3,000,000 for the
reconstruction of Senlac Drive from Diplomat Drive to Valwood Parkway. This
section of Senlac Drive is being reconstructed because the existing concrete
pavement is in very poor condition, and it is not cost effective to rehabilitate with
concrete repairs and resurfacing. The reconstruction will consist of replacing the
water lines along both sides of Senlac Drive, replacing the irrigation system in the
median, and reconstructing the street pavement and drive approaches. After
deducting the cost for design and bidding, there is $2,813,000 available for
construction.
On April 26, 2007, four bids were received and opened, with all bids meeting
specifications. The low bid was received from McMahon Contracting, L.P. in the
amount of $2,293,662.81. The contract time is 300 calendar days. McMahon
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Contracting has submitted adequate qualifications and references and has done
similar work for the City in the past.
City Administration recommends adopting Resolution 2007-068 awarding the bid
for the reconstruction of Senlac Drive to McMahon Contracting, L.P. in the
amount of $2,293,662.81.
There being no discussion, a motion by Mayor Pro Tern O'Hare, seconded by
Councilman Smith, all voting "aye," adopted Resolution No. 2007-068 awarding
the bid for Senlac Drive Reconstruction to McMahon Contracting, L.P.
D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND
COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE
APPROPRIATE ACTION.
There were no travel reports, requests, committee or organization reports.
MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE
EXECUTIVE SESSION WERE DISCUSSED AFTER THE REGULAR CITY
COUNCIL STUDY SESSION MEETING. MAYOR PHELPS EXPLAINED THE
CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 8:00 P.M. AND
CONCLUDED THE EXECUTIVE SESSION AT 10:57 P.M. AFTER THE REGULAR
CITY COUNCIL MEETING AT 6:30 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.
Discuss economic development incentives for businesses with which the City is
conducting economic development negotiations.
Mayor Phelps stated that staff was present to update the City Council on this item.
E.2 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 stated the City Attorney was present to update the City Council on
this item.
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F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE
EXECUTIVE SESSION.
Mayor Phelps stated the City Council was updated on items in executive session
and no action was necessary.
F.2 ADJOURNMENT.
A motion by Councilman Robinson, seconded by Councilman Scott, all voting
"aye," adjourned the City Council meeting of May 21, 2007 a 0:57 p.m.
Bob Phelps, Mayor Cindee Peters, City Secretary
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