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2007-02-12 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza Council Chambers 13000 William Dodson Parkway Farmers Branch, Texas Monday, February 12, 2007 6:00 p.m. The following members of the City Council were present: Mayor Councilmembers: The following member of the City Council was absent: Bob Phelps Charlie Bird Bill Moses Tim O'Hare Jim Smith Mayor Pro Tem Ben Robinson The following members of City Staff were present: City Manager Assistant City Manager City Attorney City Engineer City Secretary Linda Groomer Greg Vick John Boyle Jerry Murawski Cindee Peters Mayor Phelps opened the meeting at 6:00 p.m. Mayor Phelps announced that Mayor Pro Tem Robinson was absent because he was attending a TML session in Austin. A motion by Councilman Smith, a second by Councilman O'Hare, all voting "aye," excused Mayor Pro Tem Ben Robinson's absence. A.1 Consider adopting Resolution No. 2007-004 awarding the bid for four Mercer Crossing Development Signs and take appropriate action. On December 21, 1998, Tax Increment Financing District No. 1, know as TIF No. 1, was approved by the City Council to fund public street, sidewalk, drainage, water, sanitary sewer, and enhancement improvements on the west side of the City. On March 7, 2005, the City Council approved Development Agreement No. 7 with Volume 99, page 11 Transcontinental Investors, Inc. for the construction of development signs for Mercer Crossing. The development signs will give the west side an identity and promote development. The signs are to be public improvements within public easements and rights-of-way. The signs will only include the development name, Mercer Crossing. On November 15, 2006 two bids were received and opened, both of which met specifications. Hardscape Construction Specialties, Inc. submitted the lowest responsible bid in the amount of $333,955.36. Hardscape Construction Specialties, Inc. has submitted adequate references for similar work. Under the provisions of the Development Agreement, Transcontinental Investors, Inc. must advance the funds for the construction of the development signs plus ten percent for contingencies before the construction bid is awarded. The City has not received the advanced funding. It is recommended that the City Council adopted Resolution No. 2007-025 rejecting all bids because the bid bond expires on February 14, 2007. A.2 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. Mercer Parkway is a north-south street located west of Luna Road and south of Valley View Lane and is in the Tax Increment Financing Reinvestment Zone No. 1. The improvements include construction of the street, drainage system, water lines, sanitary sewer lines, streetlights, and median landscaping and irrigation. The street paving, drainage system, water lines, sanitary sewer lines have been completed. On August 19, 2002, the City Council approved Development Agreement No. 2 with American Realty Trust, Inc. and Income Opportunity Realty Trust Investors, Inc., the collective developers of the adjacent land for the construction of Mercer Parkway from Valley View Lane to Luna Road, which provides for the collective developers to advance funds for the construction of the improvements associated with Mercer Parkway's median landscaping and irrigation. The landscaping includes trees, shrubs, ground cover and turf. On November 14, 2006 six bids were received and opened for the Landscape and Irrigation Improvements to Mercer Parkway from Valley View Lane to Luna Road. All of the bids met specifications. The lowest qualified bid meeting specifications was received from American Landscape systems, Inc. in the amount of $217,279.45. American Landscape Systems, Inc. has provided adequate references for similar work. The time of completion for this work is 150 calendar days. The City has not received the advanced funding. It is recommended that the City Council adopt Resolution No. 2007-026 rejecting all bids because the bid bond expires on February 13, 2007. Councilman Bird asked if the contractors would lose anything by rejecting the bids. Volume 99, page 12 Jerry Murawski, City Engineer, explained the only loss would be the time spent by City staff during the bidding process and that can be reimbursed through the TIF. The City would also lose credibility with the vendors. Linda Groomer, City Manager, stated the contractors would be out time and money for the bidding process. Mayor Phelps asked if the City could still use these bids if the money was received soon. Mr. Murawski stated if the City did receive the funds soon it might be possible to use these bids. Councilman O'Hare asked who was responsible for submitting the funds and why were they not submitted. Jerry Murawski explained that the developer, Prime Income Assets, was responsible for submitting these funds and they did not have the monies available. The developer is short on cash because they have closed on several properties in the Dallas area. Councilman O'Hare asked what happens after the Council rejects the bids. Mr. Murawski stated the bidders would be notified that the bids were rejected and also explained that in the future the City would most likely ask for the funds up front before rebidding these projects. Councilman Smith asked if the specifications would be changed in anyway when they are rebid. Mr. Murawski stated that only the date would change. Councilman Bird asked if this information would be public information. Mr. Murawski stated it would be public information. He also explained that the City received very favorable prices on these bids and, depending on the economic situation, the project may be more costly in the future. Councilman Moses asked if the developer was aware of this. Mr. Murawski stated City staff had informed the developer of these issues. Councilman Smith asked how long it would take to rebid these projects. Mr. Murawski stated it would take approximately 60 days to rebid; however, the City will not start the rebidding process until the developer is serious. Volume 99, page 13 A motion by Mayor Phelps, a second by Councilman Bird, all voting "aye," rejected all bids by adopting Resolution No. 2007-025 and Resolution No. 2007-026. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED AFTER THE SPECIAL CITY COUNCIL MEETING. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:14 P.M. AND THEN CONCLUDED AT 6:20 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. B.1 Discuss personnel matters - Texas Government Code Section 551.074. Discuss city manager employment agreement. Mayor Phelps explained that City Manager Linda Groomer updated the City Council on personnel matters. B.2 Consider necessary action on items discussed in the Executive Session. Mayor Phelps stated no action was necessary for items in Executive Session. C.1 Adjournment. A motion by Councilman Smith, a second by Councilman Moses, all voting "aye," adjourned the special City Council meeting of February 12, 2007 at 6:21 p.m. a~L Bob Phelps, Ma or I to 1 ~ Cindee Peters, City Secretary Volume 99, page 14