2005-12-19 CC MinutesCity of Farmers Branch
City Council Regular Meeting Agenda
City Hall Plaza
13000 William Dodson Parkway
Farmers Branch, Texas
Monday, December 19, 2005
6:30 P.M.
The following members of the City Council were present:
Mayor
Mayor Pro Tern
Deputy Mayor Pro Tem
Councilmembers
Bob Phelps
Charlie Bird
Ben Robinson
Junie Smith
Bill Moses
Tim O'Hare
The following members of the Administration were present:
City Manager
Assistant City Manager
Assistant City Manager
Assistant to the City Manager
City Attorney
City Secretary
Finance Director
City Engineer
Director of Public Works
Director of Parks and Recreation
Deputy Police Chief
Fire Chief
Director of Community Services
Director of Communications
Director of Equipment Services
Library Director
Recording Secretary
Linda Groomer
Mary Jane Stevenson
Greg Vick
John Roach
John Boyle
Cindee Peters
Charles Cox
Jerry Murawski
Mark Pavageaux
Jeff Fuller
David Hale
Kyle King
Michael Spicer
Tom Bryson
Don Moore
Danita Barber
Suzanne Reynolds
Mayor Phelps called the City Council meeting of December 19, 2005 to order at
6:31 p.m. The meeting was televised.
A.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Deputy Mayor Pro Tem Robinson gave the invocation and led the pledge of
allegiance.
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A.2 RECOGNITION OF DAVID I. DAVIS, THE CITY'S TRAFFIC ENGINEER,
FOR RECEIVING THE 2005 WALLACE EWELL AWARD PRESENTED BY
THE INTELLIGENT TRANSPORTATION SOCIETY OF TEXAS.
Mayor Phelps presented the following information. Farmers Branch Traffic
Engineer Dave Davis was recently recognized at the annual meeting of the
Intelligent Transportation Society of Texas. Dave received the prestigious
Wallace Ewell Award which is the highest honor bestowed by the organization.
The Intelligent Transportation Society of Texas was founded in 1993 to advance
the use of research, development, and advanced technology in transportation.
Intelligent Transportation Systems, or ITS, provide the tools for skilled
transportation professionals to collect, analyze, and archive data about the
performance of the system during the hours of peak use. The data is then used to
enhance traffic operators' ability to respond to help monitor and manage traffic
flow, reduce congestion, provide alternate routes to travelers, enhance
productivity, and save lives, time and money. ITS also promotes economical,
energy-efficient and environmentally sound surface transportation.
Dave has been a member of the Society since it was founded, and has served as an
officer in the Society for five of its twelve years. He is the second person to have
ever received the Wallace Ewell Award, which was created last year. It
recognizes Dave's "outstanding leadership in planning design and deployment of
intelligent transportation systems."
Among Dave's achievements are his pioneering work to develop an arterial street
travel time monitoring system and a unique technology to inform motorists of
traffic conditions in Farmers Branch. Dave installed the first of their kind message
signs on southbound Marsh Lane that inform motorists of the average speeds
eastbound and westbound IH-635. He has also delivered numerous technical
presentations, written for national publications and served on technical
committees at the local, regional, state and national levels.
Mayor Phelps presented the 2005 Wallace Ewell award presented by the
Intelligent Transportation Society of Texas to Traffic Engineer Dave Davis.
Mayor Phelps presented the 2005 Friends of Rotary Award to City Manager
Linda Groomer for the City's support of the club and in the community.
A.3 CONSIDER ACCEPTING AN ANONYMOUS GIFT TO THE MANSKE
LIBRARY AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. An anonymous donor has
donated $4,000 to the Manske Library for improvements to be made to the art
gallery area of the Library.
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The art gallery is one of the most popular and most frequented areas of the
Manske Library, and serves as a welcoming entryway to the entire facility. In the
master planning survey that was conducted in 2000, more than 80 percent of the
people surveyed reported that they had visited the gallery during the past year. In
2005, the gallery featured 16 exhibits including works in oil, watercolor,
ceramics, sculpture, photography, Paper Mache and fiber. Exhibitors included the
Farmers Branch Carrollton Art Association, Carrollton Farmers Branch
Independent School District, Fiber Artists of Dallas, Dallas Arts Studio, and
various other art organizations and private artists in the North Texas area.
Exhibits featured works from cultures including Persian civilization, Latin
America, Russia and many aspects of American life.
The City expresses heartfelt appreciation for this extremely generous gift. Staff
proposes to use the gift toward wall coverings or to replace one of the display
cases that are in need of replacement. The materials purchased with this donation
will help to ensure that the gallery continues to make a positive first impression
on all the visitors to the Library and is an area where artists can be proud to
display their work. The community will appreciate this gift for years to come.
The Library Director recommends accepting the $4,000 donation to be used
toward improvements to the Library art gallery.
A motion by Mayor Pro Tern Bird, seconded by Deputy Mayor Pro Tern
Robinson, all voting "aye," accepted the $4,000 donation to be used toward
improvements to the Library art gallery.
A.4 PRESENTATION OF BOARD APPLICATIONS.
There were no applications presented.
A.5 REPORT ON STUDY SESSION ITEMS.
There was no 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 Tem Bird, seconded by Councilman Moses, all voting
"aye," removed Consent Agenda Item B.3 to be heard by Council and accepted
Consent Agenda as amended.
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B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF
DECEMBER 5, 2005.
B.2 ADOPTED RESOLUTION NO. 2005-146 NOMINATING SATCO
PRODUCTS OF TEXAS, INC. AS AN ENTERPRISE ZONE PROJECT.
B.3 MOVED TO REGULAR AGENDA.
B.3 CONSIDER ADOPTING RESOLUTION NO. 2005-147 AUTHORIZING THE
CITY MANAGER TO EXECUTE AN ECONOMIC DEVELOPMENT
INCENTIVE AGREEMENT BETWEEN HOMECO PURCHASING
COMPANY, LTD. AND THE CITY OF FARMERS BRANCH, TEXAS AND
TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. Homeco Purchasing
Company, Ltd. is a Texas Limited Partnership that has been formed to purchase
building material from various vendors for resale to MHI Partnership Ltd. The
company, MHI, is a home building company operating under the names of
McGuyer, Pioneer Homes, Coventry, and Plantation Homes. They currently are
located in the Park West office buildings in Farmers Branch. The company is
requesting that the City enter into a sales tax incentive agreement with their
company.
Over the past two years, numerous Texas cities have entered into sales tax grants
with a captive retailer, such as a homebuilder. The Texas Comptroller has ruled
supporting sourcing of local taxes into a single city after the approval of House
Bill 3534.
Subject to approval by the City Council, the agreement will commence December
1, 2005. The City's legal counsel has stated that the retroactive date is
permissible.
The City's Comprehensive Policy Statement on Local Economic Development
and Business Incentives, as amended by the City Council in January of 2005
allows for the granting of sales taxes to homebuilders.
The Director of Economic Development recommends adopting Resolution No.
2005-147 authorizing the City Manager to execute an economic development
incentive agreement between Homeco Purchasing Company Ltd. and the City of
Farmers Branch.
City Manager Linda Groomer stated the amendment to this agreement is to
Section 5.03 with regard to participation percentages and Section 6.05 in regard to
an address correction. She stated staff recommends adopting Resolution No.
2005-147 with the amendments of Sections 5.03 and 6.05.
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There being no further discussion, a motion by Councilwoman Smith, seconded
by Councilman Moses, all voting "aye" approved the amended Resolution No.
2005-147 adopting an economic development incentive agreement between
Homeco Purchasing and the City with addition of Section 5.03 with regard to
participation percentages and Section 6.05 in regard to an address correction.
C.1 CITIZEN PARTICIPATION.
John Wells, 13521 Heartside Place, expressed his appreciation to the City Council
and congratulated Tom Bryson, Duane Bishop and John Campbell for the 2006
City Calendar. Mr. Wells also stated City Manager Linda Groomer does an
excellent job and thanked staff for all their hard work. He wished the Council and
staff Happy Holidays.
Ms Groomer also thanked the City's Horticulturist Pam Smith for her
contributions to the calendar project.
Councilwoman Smith stated she took her calendar to her place of business where
it met with very positive reviews.
D.1 CONSIDER ADOPTING RESOLUTION NO. 2005-151 AWARDING THE BID
FOR MALLON PARK LAKE IMPROVEMENTS TO GEOTECHNICAL
ENVIRONMENTAL SERVICES, INC. AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. The 2005-2006 Capital
Improvement Program Non-Bond Fund includes $175,238 for Mallon Park lake
improvements. The improvements consist of dredging the lake, repairing the
retaining wall along the edge of the south island, and installing slope protection
beneath the water to protect the retaining walls on the north and south islands
from future erosion and undercutting. The improvements that are to be
constructed are based on a consensus developed with residents in the vicinity of
Mallon Park after two public meetings.
Five bids were received and opened on November 17, 2005, with all bids meeting
specifications. Geotechnical Environmental Services, Inc. submitted the low bid
in the amount of $158,810.30 with a contract time of 90 calendar days.
Geotechnical Environmental Services, Inc. has provided positive references and
has relevant experience on similar projects.
The City Engineer recommends adopting Resolution 2005-151 awarding the bid
for Mallon Park lake improvements to Geotechnical Environmental Services, Inc.
in the amount of $158,810.30.
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There being no discussion, a motion by Councilman O'Hare, seconded by Deputy
Mayor Pro Tem Robinson, all voting "aye," adopted Resolution No. 2005-151
awarding the bid for Mallon Park lake improvements to Geotechnical
Environmental Services, Inc. in the amount of $158,810.30.
D.2 CONSIDER ADOPTING RESOLUTION NO. 2005-150 AUTHORIZING THE
PURCHASE OF A SPECIAL OPERATIONS RESCUE TRUCK FROM
PIERCE MANUFACTURING COMPANY THROUGH THE HOUSTON-
GALVESTON AREA COUNCIL OF GOVERNMENTS AND TAKE
APPROPRIATE ACTION.
Mayor Phelps presented the following information. The Farmers Branch Fire
Department provides a mass casualty response service for the Dallas County area,
which can treat up to 100 patients. DFW Airport is the other Fire Department
tasked with Dallas County Mass Casualty response. Since the 9-11 incident in
2001, the Fire Department has expanded services to include Weapons of Mass
Destruction, or WMD, response supplies. The additional equipment needed for
this response cannot be carried on the current Special Operations Rescue Truck
because of lack of storage space.
The current truck is a 1991 GMC Bettan truck, which is on the City's Vehicle
Replacement Schedule for 2006-07. Staff applied for an Urban Area Security
Initiative Grant to replace this truck and received word in January 2005 that a
grant in the amount of $256,500 had been approved. On June 13, 2005 City
Council authorized the City Manager to sign a Project Implementation Plan to
receive these funds.
The expected cost for the Special Operations Rescue Truck and the installation of
the support equipment is $442,000. Since the grant was $185,500 short of the
expected replacement cost, the City budget for fiscal 2005-06 includes funding
from both the Grant Fund and the Fire Operations fixed assets budget totaling
$442,000.
The Houston-Galveston Area Council of Governments Purchasing Cooperative
received bids for a Special Operations Rescue Truck manufactured by Pierce
Manufacturing Company that satisfies the specifications of the Farmers Branch
Fire Department. The City has an interlocal agreement with HGAC through
which to purchase the truck.
The total purchase price to be paid to Houston-Galveston Area Council of
Governments for the Special Operations Rescue Truck is $398,964. This amount
includes a $2,000 fee for Houston-Galveston Area Council of Governments.
After delivery of the new truck, several support systems will be removed from the
old truck and installed in the new truck. Some new equipment will be installed
including upgraded radio and communications equipment. The remaining
budgeted funds will be used for all of these installations.
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The Fire Chief recommends adopting Resolution No. 2005-150 authorizing the
purchase of a 2006 Special Operations Rescue Truck on the Houston-Galveston
Area Council of Governments contract in the amount of $398,964.
Councilman Moses asked what would happen to the old truck. Fire Chief Kyle
King replied it would be sold on the online auction service.
Mayor Phelps asked what the truck is worth. Chief King replied the value is
approximately $25,000.
There being no further discussion, a motion by Councilman Moses, seconded by
Councilwoman Smith, all voting "aye," adopted Resolution No. 2005-150
authorizing the purchase of a 2006 Special Operations Rescue Truck on the
Houston-Galveston Area Council of Governments contract in the amount of
$398,964.
D.3 CONSIDER ADOPTING RESOLUTION NO. 2005-152 APPROVING THE
PURCHASE OF PLAYGROUND EQUIPMENT, PARK FURNITURE, AND
FALL ZONE MATERIAL FOR MORNINGSTAR PARK FROM THE
PLAYWELL GROUP THROUGH THE TEXAS LOCAL GOVERNMENT
PURCHASING COOPERATIVE AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. The renovation to the
Morningstar Park playground is budgeted in the 2005-2006 Non-Bond Capital
Improvement Budget. There is $120,000 available for the playground
renovations. Morningstar Park is located on Morningstar Lane between
Templeton Trail and Ridgeoak Way.
The design of the playground renovation is based on the input from residents in
the surrounding neighborhood who attended two design charrettes held earlier this
year. Residents at a third neighborhood meeting held in October endorsed the
design.
All of the existing play equipment, except the swings, will be removed and
replaced with several new structures in the same area as the existing equipment.
New fall zone material and a concrete walk defining the play area will be
installed. The walk will connect to the existing sidewalk. The existing pavilion is
to be relocated closer to the front of the park area.
The Playwell Group, Inc. has provided a quote for the new play equipment, park
furniture, and new fall zone materials through the Texas Local Government
Purchasing Cooperative, or Buy Board, a cooperative purchasing administration
agency for participating local governments throughout Texas. The total quoted
price for the equipment, including installation is $111,955.40.
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The City Engineer and the Director of Parks and Recreation recommend adopting
Resolution No. 2005-152 approving the purchase of playground equipment, park
furniture, and fall zone material for Morningstar Park from The Playwell Group
through the Texas Local Government Purchasing Cooperative in an amount of
$111,955.40.
Councilman Moses asked what was the attendance at the meetings. Landscape
Architect Traci Jones replied there were 20 persons at the first meeting, 20 at the
second meeting and 10 at the third meeting. She stated good input was received
from all three meetings.
There being no further discussion, a motion by Deputy Mayor Pro Tern Robinson,
seconded by Mayor Pro Tern Bird, all voting "aye," adopted Resolution No.
2005-152 approving the purchase of playground equipment, park furniture, and
fall zone material for Morningstar Park from the Playwell Group through the
Texas Local Government Purchasing Cooperative in an amount of $111,955.40.
DA CONSIDER ADOPTING RESOLUTION NO. 2005-153 AWARDING BIDS TO
VARIOUS VENDORS FOR CHEMICALS FOR THE PARKS AND
RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. Bid requests for the annual
supply of chemicals for the Parks and Recreation Department were advertised and
sent to nine vendors. Eight bids were returned and opened on November 17,
2005.
All vendors were notified in the specifications that the quantities were estimates
and that the City may purchase adjusted quantities of each product. The lowest
bids received meeting specifications were received from seven companies.
Staff recommends awarding to the low bidders meeting specifications for each
item. The total cost of the low bid items meeting specifications is $77,648.39.
There is $95,000.00 budgeted for the annual supply of chemicals in the 2005-06
budget.
The Director of the Parks and Recreation Department recommends adopting
Resolution No. 2005-153 awarding bids for an annual supply of chemicals for the
Parks and Recreation Department to:
• Austin Turf & Tractor in the amount of $189.58
• B&G Chemicals in the amount of $429.60
• BWI Companies, Inc. in the amount of $18,707.62
• Estes, Inc. in the amount of $37,051.43
• Excel Garden Products in the amount of $1,722.12
• Lesco, Inc. in the amount of $8,105.20
• UAP Professional Products in the amount of $11,442.84
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The total amount to be awarded is $77,648.39.
Deputy Mayor Pro Tern Robinson asked if the chemicals being purchased could
be used for the pecan trees along Marsh Lane. Parks and Recreations Director
Jeff Fuller replied the drought has affected the trees along Marsh Lane and yes the
chemicals purchased can be used on those trees.
There being no further discussion, a motion by Mayor Pro Tern Bird, seconded by
Councilman Moses, all voting "aye," adopted Resolution No.2005-153 awarding
bids for chemicals for the Parks and Recreation Department.
D.5 CONSIDER APPOINTMENTS TO THE COMMUNITY WATCH
COMMITTEE, HISTORICAL PRESERVATION AND RESTORATION
BOARD, AND SCHOOL-COMMUNITY RELATIONS COMMITTEE AND
TAKE APPROPRIATE ACTION.
A motion by Mayor Pro Tern Bird, seconded by Deputy Mayor Pro Tern
Robinson, all voting "aye," reappointed Glenna Grimmer, Ron Doerler, Patsy
Mayo, Helen Bridgforth, Marjorie Cutler and Barbara Sisserson-Honnoll to the
Historical Preservation and Restoration Board.
D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND
COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE
APPROPRIATE ACTION.
There were not travel reports or requests.
Deputy Mayor Pro Tern Robinson reported on the Trinity River Authority
meeting he attended on December 13th.
Councilwoman Smith reported on the Santa and Cookies Program she attended at
the Manske Library on December 15a`.
Mayor Phelps announced that he would like to thank the Council and staff
members for an excellent job day in and day out, making Farmers Branch the
"Best Living Place" any where. He stated he would like to wish everyone in
Farmers Branch a very Merry Christmas and a Happy New Year.
MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE
EXECUTIVE SESSION WERE DISCUSSED AFTER THE REGULAR CITY
COUNCIL MEETING. MAYOR PHELPS EXPLAINED THE CITY COUNCIL
CONVENED INTO EXECUTIVE SESSION AT 7:15 P.M. AND THEN CONCLUDED
AT 7:50 P.M. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN
MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS,
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LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY
BE DISCUSSED IN CLOSED SESSION.
E.1 DISCUSS LAND ACQUISITION - TEXAS GOVERNMENT CODE SECTION
551.072.
Discuss land sale, trade or lease of properties in the DART Station Area located in
Farmers Branch, Texas.
Mayor Phelps stated that City staff 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 that City Council was updated on the executive session
item and no action was necessary.
F.2 ADJOURNMENT.
A motion by Councilman Moses, a second by Councilman O'Hare, all voting
"aye", adjourned the City Council meeting of December 19,,2Q01 at 7:50 p.m.
Bob Phelps, Mayor Cindee Peters, City Secretary
0
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