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2004-12-06 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, December 6, 2004 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem Councilmembers Bob Phelps Bill Moses Charlie Bird Junie Smith Ben Robinson Paul Walden The following members of the administration were present: City Manager Linda Groomer Assistant City Manager Mary Jane Stevenson Assistant City Manager Greg Vick City Secretary Cindee Peters Assistant to the City Manager Margaret Somereve City Attorney John Boyle Director of Finance Charles Cox Director of Community Services Michael Spicer Director of Economic Development Norma Nichols Fire Chief Kyle King Police Chief Jim Fawcett Library Director Danita Barber City Engineer Jerry Murawski Director of Communications Tom Bryson Acting Director of Public Works Steve Quirk Director of Equipment Services Don Moore Director of Parks and Recreation Jeff Fuller Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of December 6, 2004 to order at 7:40 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Robinson gave the invocation and led the pledge of allegiance. Volume 94, page 71 A.2 CONSIDER ACCEPTANCE OF DONATIONS FROM WAL-MART FOR $2,000 TO THE POLICE AND FIRE DEPARTMENTS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Wal-Mart has made a combined contribution of $2,000 to the Police and Fire Departments on behalf of their local Farmers Branch store located at 13307 Midway Road. It represents their appreciation to the Police and Fire Departments for providing their respective services to the community. Dee Dee Gonzales, the local Wal-Mart representative, applied for and received the funds from the Wal-Mart Corporate Offices and wishes to donate the funds evenly between the Police and Fire Departments. Ms. Gonzales regrets not being able to be present tonight to make the donation in person. The donation will be utilized by the Police Department to purchase fitness equipment. The Fire Department will utilize the funds to purchase a kitchen table and chairs for Fire Station No. 1. A motion by Mayor Pro Tom Moses, seconded by Deputy Mayor Pro Tern Bird, all voting "aye," accepted the $2,000 donation from Wal-Mart, with appropriate letter. A.3 CONSIDER ACCEPTING $5,000 DONATION FROM THE TRUST ESTATE OF WILLIAM R. CHABABA TO THE FARMERS BRANCH MANSKE LIBRARY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. William R. Chababa, a long time resident of Farmers Branch and patron of the Manske Library, designated the Library as a beneficiary in his estate. Library staff remembers Mr. Chababa as a cheerful individual who frequented the Library two to three times a week and always had a kind word for everyone. He often mentioned that he was appreciative of the services provided by the Library. The co-trustees of the estate notified the Library on August 6, 2004 that Mr. Chababa had passed away on June 27th and that the Library was named a beneficiary of his estate. The Library received the funds on November 18th. According to the terms of the estate, the $5,000 in funds is unrestricted and may be disbursed by the Library for any project benefiting the community. They will be used for future improvements at the Library and the contribution will be noted with a plaque when the purchase is made. A motion by Deputy Mayor Pro Tom Bird, seconded by Councilwoman Smith, all voting "aye," accepted the $5,000 donation from the Trust Estate of William R. Chababa to the Farmers Branch Manske Library, with appropriate letter. Volume 94, page 72 A.4 PRESENTATION OF SERVICE AWARD. Mayor Phelps stated Abel Isidro was unable to attend the City Council meeting. A.5 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 15-year employee service award to Barry Maternowski of the Engineering Department. A.6 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.7 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. 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 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 Deputy Mayor Pro Tern Bird, all voting "aye," added D.2 and D.3 to the Consent Agenda and approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF NOVEMBER 1, 2004. B.2 ADOPTED RESOLUTION NO. 2004-138 APPROVING CHANGE ORDER NO. 1 TO A CONTRACT WITH TEXAS-STERLING CONSTRUCTION, INC. FOR THE JOSEY LANE RECONSTRUCTION PROJECT. D.2 ADOPTED RESOLUTION NO. 2004-142 APPROVING A CONSTRUCTION PROJECT BY THE VALWOOD IMPROVEMENT AUTHORITY OF DALLAS COUNTY, TEXAS TO BE FINANCED WITH VALWOOD IMPROVEMENT AUTHORITY OF DALLAS COUNTY, TEXAS UNLIMITED TAX BONDS, SERIES 2004. Volume 94, page 73 D.3 ADOPTED ORDINANCE NO. 2803 WHICH AMENDS SECTION 62- 50 OF THE CODE OF ORDINANCES AND ALLOWS SPECIAL PERMISSION FOR ADVERTISING FOR A DISTRICT WIDE OR AREA WIDE SALES EVENT AND OTHER PROMOTIONAL EVENTS. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 62-50 OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH; ALLOWING FOR GRANTING OF PERMISSION TO CONDUCT SPECIAL DISTRICT WIDE SALES AND PROMOTIONAL EVENTS AND; ALLOWING FOR SPECIAL ADVERTISING OF SAID EVENTS. C.1 CITIZEN PARTICIPATION. There was no citizen participation. 1 C.2 PUBLIC HEARING: TO CONSIDER RESCINDING ORDINANCE NO. 2750 OF CHAPTER 50, ARTICLE III AND ADOPTING ORDINANCE NO. 2798 RELATIVE TO FARMERS BRANCH YOUTH PROGRAMS' STANDARDS OF CARE IN COMPLIANCE WITH 1995 SENATE BILL 212 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. During the 1995 legislative session, State Legislators enacted Senate Bill 212, exempting certain youth recreation programs from childcare licensing requirements. Senate Bill 212 exempts youth recreation programs operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing. The only changes proposed are replacing the words "Don Showman Recreation Center" under Section 2J with the words "Farmers Branch Community Recreation Center" and replacing "Don Showman Recreation Center located at 14032 Heartside" with "Farmers Branch Community Recreation Center located at 14050 Heartside" in section 2N. The only other proposed change is in section 16B(3) and that is to replace the words "Don Showman Recreation Center" with the words "Community Recreation Center." The Parks and Recreation Director recommends rescinding Ordinance No. 2750 and adopting Ordinance No. 2798 relative to Farmers Branch Youth Programs' Standards of Care in compliance with 1995 Senate Bill 212. Mayor Phelps opened the public hearing. Volume 94, page 74 A motion by Mayor Pro Tem Moses, seconded by Councilman Robinson, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilman Robinson, seconded by Councilman Walden, all voting "aye," rescinded Ordinance No. 2750 and adopted the following captioned Ordinance No. 2798. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, RESCINDING ORDINANCE NO. 2750 AND ADOPTING ORDINANCE NO. 2798 COVERING STANDARDS OF CARE FOR THE CITY OF FARMERS BRANCH YOUTH PROGRAMS. D.1 CONSIDER ADOPTING RESOLUTION NO. 2004-136 ACCEPTING A TEXAS FORESTRY SERVICE NEIGHBORWOODS TREE PLANTING GRANT IN THE AMOUNT OF $5,000 TO FUND THE CITY IN THE PARK TREE PLANTING PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Texas Forestry Service oversees the NeighborWoods Tree Planting Grant Program, a partnership program that has as its goal the planting of trees by community groups. It has been demonstrated that such community involvement results in community pride and beautification as well as energy savings and increased property values for the homeowner. The Parks and Recreation Department applied for and was awarded a matching $5,000 grant to fund its City in the Park Tree Planting Program. This program was initiated as a result of residents' requests during the 2004 community meetings for a tree-planting program. The grant monies would be matched with in-kind services provided for by a partnership between Dallas County Master Gardeners, an Eagle Scout candidate and the Parks Division. Trees, printing and supplies would be paid for with the grant monies. City staff, along with the Texas Forestry Service, would identify residential areas within the City that would benefit from the addition of one or two trees in front yards. Up to two five-gallon trees would be provided at no cost to the resident. Planting assistance for the elderly would be offered through one of the partnering groups, either the Dallas County Master Gardeners or the Boy Scouts. Beginning in Spring 2005, an estimated 200 trees would be provided including cypress, oak and elm. If after an evaluation of the program the City decided to repeat the program next year, an application may be made for 2005 grant funds. There being no discussion, a motion by Councilwoman Smith, seconded by Mayor Pro Tem Moses, all voting "aye," adopted Resolution No. 2004-136 accepting a Texas Forestry Service NeighborWoods Tree Planting Grant in the amount of $5,000 to fund the City in the Park Tree Planting Program. Volume 94, page 75 D.2 CONSENT. D.3 CONSENT. DA CONSIDER ADOPTING RESOLUTION NO. 2004-129 AUTHORIZING THE PURCHASE OF A REPLACEMENT FIRE ENGINE ON THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS CONTRACT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Fire Department's 15- year-old fire engine is scheduled for replacement in this budget year. The 1989 KME fire engine has increasingly high mileage and has incurred increasing repair costs and extended down time. There are funds in the Fire Department's 2004-05 fixed assets budget to replace this fire engine. The Houston-Galveston Area Council of Governments Purchasing Cooperative received bids for a fire engine manufactured by Pierce Manufacturing Company that satisfies the specifications of the Farmers Branch Fire Department. The Houston-Galveston Area Council of Governments, or HGAC, purchasing program complies with State purchasing laws, and the City has an interlocal agreement with them to purchase the fire engine. Since 1993, the Fire Department has satisfactorily purchased four fire engines and three ambulances utilizing HGAC contracts. The total purchase price to be paid to Houston-Galveston Area Council of Governments for the fire engine is $575,000. This amount includes a $2,000 fee for Houston-Galveston Area Council of Governments. The new fire engine will be a Quint configuration that satisfies five distinct design characteristics, which include fire hoses, a water tank, a fire pump, ground ladders and an aerial ladder. The new fire engine will have a 75-foot aerial ladder. The engine will be assigned to Fire Station No. 2, and delivery is expected in June 2005. The radios and other communications equipment on the existing fire engine are in satisfactory condition and will be transferred to the new fire engine upon delivery. Approximately $1,200 will be needed to install the equipment. Funds for the installations will come from the Department's vehicle maintenance account. The Fire Chief recommends adopting Resolution No. 2004-129 authorizing the purchase of a 2005 replacement fire engine on the Houston-Galveston Area Council of Governments Contract in the amount of $575,000. There being no discussion, a motion by Deputy Mayor Pro Tem Bird, seconded by Mayor Pro Tern Moses, all voting "aye," adopted Resolution No. 2004-129 Volume 94, page 76 authorizing the purchase of a 2005 fire engine on the Houston-Galveston Area Council of Governments contract in the amount of $575,000. D.5 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, HISTORICAL PRESERVATION AND RESTORATION BOARD AND THE PLANNING AND ZONING COMMISSION AND TAKE APPROPRIATE ACTION. Mayor Phelps stated this item would be on the January 10, 2005 City Council meeting. D.6 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Councilman Robinson announced that the Senior Center would be having flu shots on December 16t` starting at 8:30 a.m. Councilman Walden announced on December 22nd the Christ United Methodist Church would have a Christmas program and he encouraged all to attend. Although the program is free donations would be made to United Way organizations. Councilwoman Smith reported that she attended the Metrocrest Hospital Authority meeting on November 18d'. On December 2nd she attended the Metrocrest Annual Meeting and Dinner. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 6:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:15 P.M. AND CONCLUDED AT 7:34 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 acquisitions - Texas Government Code Section 551.072. Discuss acquisition of Keenan Cemetery. Volume 94, page 77 Discuss land acquisition of property addressed at 12809 Bee Street located in the Farmers Branch DART Station Area and take necessary action during the pubic segment of the meeting. Mayor Phelps stated staff was present to discuss these items with the City Council. E.2 Discuss personnel matters - Texas Government Code Section 551.074. Discuss Municipal Court Judge. Mayor Phelps stated 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 called for necessary action on items in Executive Session. A motion by Councilman Robinson, a second by Councilman Walden, all voting "aye", adopted Resolution 2004-143 appointing a third alternate Municipal Court Judge. F.2 ADJOURNMENT. A motion by Councilman Bird, a second by Councilwoman Smith, all voting "aye", adjourned the City Council meeting of December L004 06 p.m. 1 Bob Phelps, Mayo Cindee Peters, City Secretary f Volume 94, page 78