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2006-01-23 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, January 23, 2006 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 Assistant to the Director of Public Works Director of Parks and Recreation Acting 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 Matthew Boyle Cindee Peters Charles Cox Jerry Murawski Margaret Somereve Jeff Fuller David Hale Kyle King Michael Spicer Tom Bryson Don Moore Danita Barber Suzanne Reynolds Mayor Phelps called the City Council meeting of January 23, 2006 to order at 6:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Moses gave the invocation and led the pledge of allegiance. Volume 96, page 68 A.2 RECOGNITION OF MAX RAULINS FOR HIS SERVICE ON THE METROCREST HOSPITAL AUTHORITY. Mayor Phelps presented the following information. The City Council would like to recognize the years of service that Max Raulins gave to the Metrocrest Hospital Authority. Max was first appointed to the Metrocrest Hospital Authority in 1982. While Max served on the Board, the Hospital Authority oversaw expansion projects at Trinity Medical Center, the Colony and RHD Memorial Medical Center in Farmers Branch. Projects at RHD included a six-story inpatient tower, Plaza 4 medical office building and a 20,000 sq. ft. addition for outpatient surgery, patient registration, physical therapy and radiology. Max served as Board Chairman in 1989 and 1990 and also served on the Executive Committee, Finance Committee, Governance Committee, and Development Committee. Mayor Phelps presented Mr. Raulins with a plaque for his dedicated years of service. A.3 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.4 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council 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 Bird, seconded by Councilman O'Hare, all voting "aye," removed Consent Agenda Item B.2 to be heard before Council on the regular agenda. A motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," accepted the Consent Agenda as submitted. B.1 APPROVED OF MINUTES OF CITY COUNCIL MEETING OF JANUARY 9, 2006. Volume 96, page 69 B.2 TO BE HEARD BY THE CITY COUNCIL. B.2 CONSIDER ADOPTING RESOLUTION NO. 2006-008 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH SOUTHWESTERN BELL WIRELESS, NOW NEW CINGULAR WIRELESS, FOR PROPERTY LOCATED AT 3723 VALLEY VIEW LANE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch entered into a lease agreement with Southwestern Bell Wireless on April 3, 2000. The lease allowed Southwestern Bell, now New Cingular, to place antennas on the water tower and for the placement of an auxiliary equipment building at 3723 Valley View Lane. Cingular and AT&T wireless merged in late 2004. AT&T has a lease agreement with the City for the same site. Cingular is in the process of decommissioning their sites that have both Cingular and AT&T antennas. Cingular is in the process of updating the original AT&T antennas on this site and no longer needs the Cingular antennas here. T-Mobile and Nextel/Sprint also have equipment at this site. An amendment to the lease is proposed to allow Cingular to leave its equipment building in place while they market this site in conjunction with other decommissioned sites around the country as part of a package to other providers. This would allow another provider to come in and take over the lease with a 10% increase in rental fees the City receives with the improvements already in place. Cingular will not operate the site for a period of 24 months beginning January 1, 2007 and ending December 31, 2008 during the marketing effort. Because Cingular will not be operating this site but the equipment building remains, the rental fee will be decreased from $1725 per month to $500 per month beginning August 1. Under Cingular's current lease, they have the option to give ninety-day termination notice if the site becomes usable for any reason. Although this is an option, this amendment is a better option that is beneficial to both parties. It allows Cingular to sell the site with all improvements to another party while saving a substantial portion of its monthly rent along with the cost of removing its equipment and restoration of the site. For the City, it allows the building and some infrastructure to remain in place for another provider without causing additional welding or puncturing of the tower for a new installation. The amendment also allows for the continuation of some rental fees should Cingular exercise its option of termination. If after the 24 months, no carrier is interested in the site, Cingular will deed the equipment building to the City. Volume 96, page 70 If another carrier is interested in the site, the current Cingular lease will be transferred to the new provider, upon Council approval. In addition, the amendment also provides that the City will receive 25% of the net proceeds of the sale by Cingular. Staff recommends that the City Council approve Resolution No 2006-008 authorizing an amendment to a lease agreement with Southwestern Bell Wireless now New Cingular as to include a change in the interim period, to include a penalty clause and to suspend the City's right to terminate the lease during the interim period. There being no discussion, a motion by Deputy Mayor Pro Tem Robinson, seconded by Councilwoman Smith, all voting "aye," adopted Resolution No. 2006-008 authorizing an amendment to a lease agreement with Southwestern Bell Wireless now New Cingular as to include a change in the interim period, to include a penalty clause and to suspend the City's right to terminate the lease during the interim period. C.1 CITIZEN PARTICIPATION. John Oechsner, 3509 Brookline Lane, commemorated the passing of Ronnie Ford, Honorary Captain for the Fire Department on January 10, 2006. John Wells, 13521 Heartside Place, stated he would like to see dates and times of the City Council meetings in the Metro section in the Dallas Morning News. D.1 CONSIDER ADOPTING RESOLUTION NO. 2006-006 ADOPTING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AND REPORT TO MANAGEMENT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2005 AS SUBMITTED BY DELOITTE AND TOUCHE, LLP, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City Charter requires an annual audit by an independent Certified Public Accountant. The audit for the year ended September 30, 2005 has been completed, and the Comprehensive Annual Financial Report and Report to Management have been submitted to City Council. Copies of both reports are available to the public at the Farmers Branch Manske Library and the Comprehensive Annual Financial Report is available on the City's web page. City staff recommends adopting Resolution No. 2006-006 adopting the Comprehensive Annual Financial Report and Report to Management for the fiscal year ended September 30, 2005. Volume 96, page 71 There being no discussion, a motion by Duty Mayor Pro Tem Robinson, seconded by Mayor Pro Tem Bird, all voting "aye," adopted Resolution No. 2006-006 adopting the Comprehensive Annual Report and Report to Management. D.2 CONSIDER ADOPTING RESOLUTION NO. 2006-007 AUTHORIZING THE CITY MANAGER TO PURCHASE 16 REPLACEMENT VEHICLES AND EQUIPMENT, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2005-2006 Fixed Asset fund includes $617,500 for 16 replacement vehicles and equipment. This includes five vehicles for the Public Works Department; seven vehicles and one piece of equipment for the Parks Department; one replacement pickup truck for Community Services; one replacement sedan for the Engineering Department; and one replacement vehicle for the Fire Department. Specifications and requests for bids and price quotes for this equipment were sent to 25 vendors. Five vendors responded with bids and price quotes. Sam Pack's Five Star Ford through Tarrant County, Texas Building and Procurement Commission, or TBPC, and Houston Galveston Area Council, or HGAC, pricing submitted the lowest quotes for eight vehicles. The quotes were as follows: • three full size regular cab pickup trucks for $16,823 each •one compact regular cab pickup truck for $14,838 • one mid-size sport utility vehicle for $18,737 • one super crew cab, four-wheel drive pickup for $25,837 • one regular cab three-quarter ton pickup for $20,465 • one cargo van with specified equipment through TBPC pricing for $20,424. Westway Ford submitted the lowest bid price for two vehicles, those being one super cab truck with utility body for $32,107 and one dual rear wheel truck with mounted dump body for $28,717. Columbus Ford submitted the lowest bid price for one truck with a mounted herbicide spray applicator for $106,882. Columbus Ford was the only vendor to bid the two hybrid Ford Escape gasoline/electric hybrid vehicles for $24,582 each. ATC Dallas Freightliner submitted the only bid for two trucks with mounted dump bodies for $66,282 each. Luber Brothers of Dallas through Buy Board submitted a quote of $33,472.50 for one fairway mower. The total for all vehicles and equipment is $533,676.50. Volume 96, page 72 Staff recommends awarding the bids and quotes for the purchase of replacement vehicles and equipment as presented. Mayor Pro Tem Bird complimented Equipment Services Department and staff for excellent job in keeping equipment for more than ten years. Mayor Phelps echoed Mayor Pro Tem Bird's statement regarding the Equipment Services Department. City Manager Linda Groomer recognized the savings Equipment Services had accomplished in this year's bids and quotes. There being no further discussion, a motion by Councilwoman Smith, seconded by Councilman Moses, all voting, "aye," adopted Resolution No. 2006-007 awarding the purchase replacement vehicles and equipment. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. Councilwoman Smith reported on the January 17th Hospital Authority Board meeting. 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 5:10 P.M. AND THEN CONCLUDED AT 6:25 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 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 staff was present to discuss this item with City Council. E.2 DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074. Discuss matters related to the Police Department. Volume 96, page 73 Mayor Phelps stated the City Manager was present to discuss this item with City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on executive session items. A motion by Councilman O'Hare, a second by Councilman Moses, all voting "aye", authorized the City Manager to accept and sign the settlement agreement in the City of Farmers Branch v. Allen W. McClure lawsuit. Mayor Phelps explained City staff updated the City Council on all other executive session items and no action was necessary. F.2 ADJOURNMENT. A motion by Mayor Pro Tem Bird, a second by Councilman Robinson, all voting "aye," adjourned the City Council meeting of January 23, 2006 at 7:05 p.m. Bob Phelps, May Cindee Peters, City Secretary Volume 96, page 74