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2005-03-21 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, March 21, 2005 7;30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Tern Councilmembers The following members of the City Council was absent: Councilmember The following members of administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary Assistant to the City Manager Assistant to Director of Public Works Deputy Police Chief City Attorney Director of Economic Development Fire Chief Library Director City Engineer Director of Communications Director of Equipment Services Recording Secretary Bob Phelps Bill Moses Charlie Bird Ben Robinson Paul Walden Junie Smith Linda Groomer Mary Jane Stevenson Greg Vick Cindee Peters John Roach Margaret Somereve David Hale John Boyle Norma Nichols Reed Kyle King Danita Barber Jerry Murawski Tom Bryson Don Moore Suzanne Reynolds Mayor Phelps called the City Council meeting of March 21, 2005 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Brother Eddy Ketchesid of Farmers Branch Church of Christ presented the invocation and Councilman Walden led the pledge of allegiance. Volume 95, page Mayor Phelps announced that Councilwoman Smith was not in attendance. It was moved by Mayor Phelps, seconded by Councilman Walden, all voting "aye," excused Councilwoman Smith's absence. A.2 CONSIDER ACCEPTANCE OF A DONATION FROM GLAZER'S WHOLESALE TO THE POLICE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Glazer's Wholesale wishes to make a donation of $800 to the Police Department on behalf of their local Farmers Branch Distribution Center located at 2001 Diplomat Drive. It represents their appreciation to the Police Department for continued efforts to make Farmers Branch a safer place to live and work. The donation will be utilized by the Police Department to purchase a Taser X26 less-lethal conducted energy weapon. Skip Carleton, North Texas Regional Vice President with Glazer's, Wholesale presented to Mayor Phelps and Deputy Chief David Hale the donation which will be utilized by the Police Department to purchase a Taser X26 less-lethal conducted energy weapon. A motion by Deputy Mayor Pro Tern Bird, seconded by Mayor Pro Tem Moses, all voting "aye," accepted the $800 donation from Glazer's Wholesale to be used to purchase a Taser X26 conducted energy weapon. A.3 PRESENTATION ON BOARD APPLICATIONS. There were no board 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. John Wells, 13521 Heartside Place, expressed his concerns about closing the Library from May 1 through May 14, at the end of the school term. City Manager Linda Groomer stated that during the past several years, the Library has experienced a decline in students coming to the Library at the beginning of May because term papers are due by the end of April. She also pointed out that Summer Reading Club begins in June with more than 800 children participating. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. Volume 95, page 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 the consent items is to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tern Moses, seconded by Councilman Robinson, all voting "aye," added Agenda Item D.2 and approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MARCH 7, 2005. B.2 APPROVED RESOLUTION NO. 2005-036 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TRAVELCLICK, INC. FOR THE SUMMER 2005 PROGRAM. B.3 ADOPTED RESOLUTION NO. 2005-052 AWARDING A CONTRACT FOR ELECTRICAL REPAIR SERVICES FOR PARKS AND RECREATION FACILITIES TO TODAY'S ELECTRIC, INC. B.4 ADOPTED RESOLUTION NO. 2005-041 AWARDING THE BID FOR AN ANNUAL CONTRACT FOR PUMP OVERHAUL AND REPAIR TO C&P PUMP SERVICES. B.5 ADOPTED RESOLUTION NO. 2005-042 FOR THE ANNUAL CONTRACT FOR ELECTRIC SWITCHGEAR AND MOTOR SERVICE AT THE CITY'S THREE PUMP STATIONS TO SHERMCO INDUSTRIES. B.6 ADOPTED RESOLUTION NO. 2005-051 ACCEPTING SETTLEMENT WITH TXU ELECTRIC DELIVERY FOR ELECTRIC PAYMENTS FOR THE TRANSMISSION AND DISTRIBUTION COSTS PAID BY THE CITY OF FARMERS BRANCH. D.2 ADOPTED RESOLUTION NO. 2005-047 AUTHORIZING THE CITY MANAGER TO APPLY FOR A STATE CRIMINAL JUSTICE PLANNING 421 FUND GRANT THROUGH THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR. C.1 CITIZEN PARTICIPATION. John Wells, 13521 Heartside Place, stated the Police House Watch Program with Auxiliary Services Officer John Glenn is very important and feels this is a service that more citizens should use. Volume 95, page [J C.2 PUBLIC HEARING: CONSIDER REQUEST FOR APPROVAL OF BEE STREET ADDITION, BEING A REPLAT OF PART OF TRACT 38, BLOCK A, NORTH DALLAS TRUCK FARMS ADDITION, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Bee Street Addition is an undeveloped two-lot subdivision located at 13515 Bee Street and is owned by Central Alert, Inc. The property is being replatted to join its two lots into one 0.48-acre building site, and to dedicate fire lane and utility easements. The proposed development is for office-warehouse space consisting of 4,800 square feet. City staff has reviewed the site plan, and it has received administrative approval as provided in Planned Development District 70. The Texas Local Government Code requires that a public hearing be conducted for all replats that do not vacate a preceding plat of a subdivision or portion of a subdivision. The public hearing provision provides interested parties and citizens an opportunity to be heard but does not require written notification. Bee Street Addition complies with the replat requirements of the Texas Local Government Code and the City. ~I The Planning and Zoning Commission recommends approval of Bee Street Addition for replat. Mayor Phelps opened the public hearing. There was no one present to speak during the public hearing. A motion by Councilman Robinson, seconded by Mayor Pro Tem Moses, all voting "aye," closed the public hearing. There being no discussion, a motion by Deputy Mayor, Pro Tem Bird, seconded by Councilman Walden, all voting "aye," approved the Bee Street Addition. D.l CONSIDER ORDINANCE NO. 2812 DECLARING UNOPPOSED CANDIDATES IN THE MAY 7, 2005 GENERAL ELECTION ELECTED TO OFFICE AND CANCELING THE ELECTION, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. A general election is scheduled for May 7, 2005 to elect the positions of Mayor and City Council, Place 2. Under Subchapter C, Chapter 2 of the Texas Election Code, cities may cancel an election if all candidates are unopposed. The deadline to file for a place on the ballot was March 7, 2005 by 5:00 p.m. The deadline for a write-in candidate was Volume 95, page March 14, 2005 by 5:00 p.m. The candidates were unopposed for a place on the ballot, therefore the general election can be canceled should the City Council desire. In accordance with Section 2.053 (c) of the Texas Election Code the candidates will be sworn in at the May 16, 2005 City Council meeting. There being no discussion, a motion by Councilman Robinson, seconded by Mayor Pro Tem Moses, all voting "aye" adopted the following captioned Ordinance No. 2812 canceling the election and declaring unopposed candidates Mayor Bob Phelps and Tim O'Hare elected to office. AN ORDINANCE DECLARING UNOPPOSED CANDIDATES IN THE MAY 7, 2005, GENERAL ELECTION ELECTED TO OFFICE AND CANCELING THE ELECTION D.2 CONSENT. D.3 CONSIDER ADOPTING RESOLUTION NO. 2005-049 AWARDING THE CONTRACT TO CARPET THE INTERIOR OF THE MANSKE LIBRARY TO GOMEZ FLOOR COVERING, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2004-2005 Fixed Asset Fund includes $225,000 for upgrades to the Manske Library including $172,000 for the replacement of carpet throughout the building and the removal and disposal of existing carpet. All shelving and furniture will be lifted, moved, and some will be re-arranged. Vendor requirements for the job include past experience in carpeting libraries and moving shelf ranges full of library materials. These requirements eliminate most vendors. Two vendors from the State of Texas Multiple Award Schedule, or TXMAS list, met the requirements and were contacted to provide quotes for this project. TXMAS is part of the State's cooperative purchasing and procurement program. The two qualified vendors were Flooring Tectonics, Inc. and Gomez Floor Covering, Inc. Both are area-based companies that met the vendor requirements. The quote received from Flooring Tectonics, Inc. was $169,688. The quote received from Gomez Floor Covering Inc. was $124,119.07 The Library recommends that the contract for carpet replacement at the Manske Library be awarded to the TXMAS contract vendor, Gomez Floor Covering, Inc. This vendor will provide the experience required for the specific needs of the Library during the project as well as the carpet product specified. Volume 95, page It has been proposed and approved by the Library Board that, due to health and safety considerations, the Library will provide very limited service to the public from May 1 through May 14 while the Library is re-carpeted. Patrons may have reference questions answered via the telephone and Internet and may also pick up items held for reserve and check emails on express terminals that will be provided in the gallery at the entrance of the building. There being no discussion, a motion by Mayor Pro Tem Moses, seconded by Deputy Mayor Pro Tern Bird, all voting "aye," adopted Resolution No. 2005-049 awarding the contract for the carpeting of the Manske Library to Gomez Floor Covering, Inc. DA CONSIDER ADOPTING RESOLUTION NO. 2005-046 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH HERZOG CONTRACTING CORPORATION TO REPLACE THE VALLEY VIEW RAILROAD CROSSING ON THE MADILL LINE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. An agreement has been prepared for Herzog Contracting Corporation to replace the railroad crossing on Valley View Lane east of Nicholson Road on the Madill Line. The replacement includes removal of the old crossing materials and the installation of new pre- fabricated concrete crossing panels. The overall job will take about two weeks with various lanes on Valley View Lane being closed periodically. It is estimated that the crossing will be completely closed for one weekend beginning on a Friday after rush hour. Staff has devised a traffic plan for the weekend that will utilize alternate routes for traffic. Herzog Contracting has estimated that once Council approval is received, the work will begin in approximately seven weeks. Herzog Contracting Corporation operates in the capacity of the railroad for all Trinity Railway Express and Dallas Area Rapid Transit construction-related projects on this corridor. The company will remove and replace the existing crossing. The estimated cost for the work to be completed by Herzog Contracting Corporation is $67,172.65. The City is responsible for all other work related to barricading, traffic control, asphalt approaches, railroad flagmen and any concrete panel repairs necessary for a smooth crossing. The railroad crossing replacement program is budgeted in the Non-Bond Capital Improvement Fund with available funds in the amount of $207,118.02. There being no discussion, a motion by Councilman Robinson, seconded by Councilman Walden, all voting `aye," adopted Resolution No. 2005-046 authorizing the execution of an agreement with Herzog Contracting Corporation for railroad crossing replacement on Valley View Lane east of Nicholson Road on the Madill Line in an amount not to exceed $67,172.65. Volume 95, page D.5 CONSIDER APPROVING RESOLUTION NO. 2005-037 AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADVERTISING CONTRACT WITH TRAVELCLICK, INC., AND TAKE THE APPROPRIATE ACTION. Mayor Phelps presented the following information. Subject to approval by the City Council, the City of Farmers Branch will enter into a fourth agreement with TraveICLICK, Inc., a marketing firm that partners with Internet sites that book hotels for travelers, on behalf of its Farmers Branch hoteliers. These programs have been a success over the past year, and staff recommends that the City enter into a fourth agreement with TraveICLICK, Inc. The system used by TraveICLICK places the advertisement of Farmers Branch hotels on the screen 115,000 times daily while the travel agent is booking air flights into the Dallas area. The hotel community strongly supports this program. The term of the agreement will be September 19, 2005 through March 19, 2006. In the five months between August 2004 and January 2005, the program generated $937,187 resulting in $69,090 in hotel motel tax revenue. Total room nights to date are 7,938. It is anticipated that the contract ending in March 2005 will generate in excess of $1 million. Next to business-to-business sales by staff, this has been the most quantifiable and successful advertising program for Farmers Branch Tourism. There being no discussion, a motion by Councilman Walden, seconded by Councilman Robinson, all voting "aye," approved Resolution No. 2005-037 authorizing the City Manager to execute an advertising contract with TraveICLICK, Inc. in an amount not to exceed $115,061. D.6 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, THE PLANNING AND ZONING COMMISSION, FARMERS BRANCH HOUSING FINANCE CORPORATION AND THE COMMUNITY WATCH COMMITTEE AND TAKE APPROPRIATE ACTION. A motion by Mayor Pro Tern Moses, seconded by Deputy Mayor Pro Tem Bird, all voting "aye," appointed Tim Scott to the School-Community Relations Committee. A motion by Mayor Pro Tern Moses, seconded by Councilman Robinson, all voting "aye," appointed Linda Wood as Alternate Place 1 on the Planning and Zoning Commission. A motion by Deputy Mayor Pro Tern Bird, seconded by Mayor Pro Tern Moses, all voting "aye," appointed John Bingham as Alternate Place 2 on the Planning and Zoning Commission. Volume 95, page A motion by Councilman Walden, seconded by Councilman Robinson, all voting "aye," reappointed Bill Binford and Ken Quevreaux to the Farmers Branch Housing Finance Corporation. Mayor Phelps stated the Community Watch Committee would be brought back to the April 4, 2005 City Council meeting. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. D.8 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. There were no Council committee or organization reports. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:45 P.M. AND CONCLUDED AT 7:05 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 AND DELIBERATE ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT CODE SECTION 551.086 Discuss and deliberate economic development incentives for businesses with which the City is conducting economic development negotiations. Mayor Phelps stated Staff was present to discuss this item with Council. E.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss the sale, trade or lease of City owned property or acquisition of property in the Farmers Branch Station Area including property addressed as 12809 Bee Street, Farmers Branch, Texas. Mayor Phelps stated Staff was present to discuss these items with the City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Volume 95, page Mayor Phelps called for necessary action on executive session items. A motion by Mayor Pro Tem Moses, a second by Councilman Walden, all voting "aye" adopted Resolution No. 2005-054 authorizing the purchase of property addressed as 12809 Bee Street. Mayor Phelps stated there was no other action necessary on the remaining agenda items in executive session. F.2 ADJOURNMENT. A motion by Deputy Mayor Pro Tem Bird, a second by Mayor Pro Tem Moses, all voting "aye", adjourned the City Council meeting of March 21, 2005 at 8:23 P.M. ~ . Bob Phelps, Mayor Cindee Peters, City Secretary 0 Volume 95, page