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2004-08-02 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, August 2, 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 Paul Walden Junie Smith Ben Robinson The following members of Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary Assistant to the City Manager Assistant to the City Manager City Attorney Finance Director Director of Economic Development Deputy Fire Chief Police Chief Library Director City Engineer Director of Communications Director of Public Works Director of Equipment Services Director of Parks and Recreation Recording Secretary Linda Groomer Mary Jane Stevenson Greg Vick Cindee Peters Margaret Somereve John Roach John Boyle Charles Cox Norma Nichols Steve Parker Jimmy Fawcett Danita Barber Jerry Murawski Tom Bryson Mark Pavageaux Don Moore Jeff Fuller Suzanne Reynolds Mayor Phelps called the City Council meeting of August 2, 2004 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Deputy Mayor Pro Tem Bird presented the invocation and Mayor Pro Tern Moses led the pledge of allegiance. Volume 93, page 97 A.2 RECOGNITION OF DOT HINCKLEY FOR SUPPORT OF THE FARMERS BRANCH SENIOR CENTER. Mayor Phelps presented the following information. Dot Hinckley, whose service on the Senior Advisory Board will end August 7, 2004, has been a long-term volunteer for the Farmers Branch Senior Center. She has a total of ten years of Advisory Council and Board service. She was on the Senior Advisory Council for five years and on the Senior Advisory Board for five years. Dot is an original, or charter, member of the Senior Advisory Board. While on the Board, Dot served as Vice-Chair for four years. As a member of the Senior Center Task Force, she was instrumental in working with the architect and the interior designer in selecting furniture and decorative features in the Senior Center that completed construction in 2000. Dot has been a positive and active member of the Senior Advisory Board and could always be counted on to offer accurate observations and sage advice on any issue. She also could be relied on to tackle any volunteer activity with a smile and a can-do attitude. Dot has been an active participant in the monthly breakfasts held at the Senior Center and would gladly offer her cooking expertise for many other activities at the Senior Center. She will be missed because of her service, outgoing friendliness and positive attitude. On behalf of the City Council, members of the Senior Advisory Board and the Parks and Recreation Department, Mayor Phelps honored Dot Hinckley with a plaque for the hours she has donated to the Farmers Branch Senior Center. A.3 PRESENTATION OF "FUNNEST PLACES IN FARMERS BRANCH" CONTEST WINNERS. Mayor Phelps presented the following information. City planners in the Community Services Department invited young citizens to participate in a contest to write about or draw their "Funnest Places in Farmers Branch." The entries were judged in two age categories: 6-11 years and 12-18 years. The contest was organized in conjunction with the Library and the Parks and Recreation Department. The contest was intended to promote awareness of City identity and "sense of place" in youth, while engaging them in a fun activity. Mayor Phelps, Associate Planner Becky Baggett, and Administrative Assistant Beth Ann Chambers recognized the winners of the "The Funnest Places in Farmers Branch" contest. In the 6-8 age group for ART: 3rd Place, Lindsey Test, for "Butterflies in the Park"; 2nd Place, Alden Myers, for "The Library"; and 1St Place, Monique Gallagher, for "Watching the Fireworks in Farmers Branch." Volume 93, page 98 In the 9-11 age group for ART: 3rd Place, Melanie Campos, for "Don Showman Pool"; 2nd Place is from Fernanda Delgado, for "Don Showman Pool; and 1St Place, Alexiz Magro-Maio, for "Farmers Branch Elementary." In the 6-11 age group overall for ART: Best of Show, Cinthia Cazares, for "The Library, Don Showman, Gussie Field Watterworth Park." In the 12-18 age group for ART: Best of Show, Dora Daisy Flores, for "Farmers Branch Recreation Center." In the written category, ages 6-11: 3rd Place, Savannah Bitz, for "My Grandma's House"; 2nd Place, Samantha Malinar, for "The Manske Library"; lst Place, Conner Anderson, "The Woods Behind City Hall." Best of Show, Dianna Gutierrez, for her lettered description of Farmers Branch, "I Want to Live in Farmers Branch Forever." A.4 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 15-year employee service award to Phillip Wardlaw of the Police Department. A.5 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.6 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and City Council gave a brief summary of the item 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 and action taken 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 established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Moses, seconded by Councilwoman Smith, all voting "aye," approved the Consent Agenda as submitted. Volume 93, page 99 B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JULY 12, 2004. B.2 ADOPTED RESOLUTION NO. 2004-088 ACCEPTING A FIRE LANE EASEMENT ON PROPERTY ADDRESSED AS 800 FABRIC EXPRESSWAY DONATED TO THE CITY OF FARMERS BRANCH BY DEEP 6 PROPERTIES, INC. B.3 ADOPTED RESOLUTION NO. 2004-087 APPROVING THE 2004-2005 OPERATING BUDGET OF THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION. B.4 ADOPTED RESOLUTION NO. 2004-078 AWARDING THE BID FOR CHARTWELL CREST MEDIAN ENHANCEMENT TO J&J SPRINKLER & LANDSCAPE, INC. C.1 CITIZEN PARTICIPATION. Ruth Lee, Coordinator for Community Watch, announced Tuesday, August 3rd as "National Night Out," She encouraged all residents to join the observance of "National Night Out" by turning on their lights and celebrating outdoors with neighbors. D.1 CONSIDER ADOPTING RESOLUTION NO. 2004-092 REJECTING BID NO. 04-27 FOR ONE 2004 SIDE LOADING REFUSE TRUCK AND ONE 2004 KNUCKLE BOOM LOADER, AND AUTHORIZING PURCHASE OF ONE 2004 SIDE LOADING REFUSE TRUCK AND ONE 2004 KNUCKLE BOOM LOADER TRUCK WITH BODY UTILIZING HOUSTON GALVESTON AREA COUNCIL OF GOVERNMENTS (HGAC) CONTRACTORS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2003-2004 Fixed Asset Fund for equipment replacement includes $246,000.00 for the purchase of one 2004 replacement side loading refuse truck and one 2004 replacement knuckle boom loader truck with body, better known by Farmers Branch residents as the "Green Grabber" that picks up brush and bulky items. At the May 3, 2004 City Council meeting, the Council voted to reject all bids for this equipment because the bids meeting specification for both trucks were $10,019.00 over budget. Council voted to direct staff to review and revise the specifications and rebid these two pieces of equipment. On June 17, 2004 bid requests were sent to eighteen local vendors. Bid requests included a notice that prices received would be compared to the Houston Galveston Area Council of Governments (HGAC) and the Texas Local Government Purchasing Cooperative (Buyboard) contract prices. Four vendors responded with bids. These bid prices were compared with price quotations that Volume 93, page 100 were obtained from HGAC and Buyboard contractors. The lowest prices meeting specifications are from two HGAC vendors: Houston Freightliner for the side loading refuse truck in the amount of $120,845.04; and Grande Truck Center, Inc. for the knuckle boom loader in the amount of $106,454.00. The total cost of both purchases is $227,299.04. The State of Texas municipal purchasing regulations allow agencies such as councils of government to create cooperative purchasing programs. The North Central Texas Council of Governments does not have a cooperative purchasing program. In 1993, the City entered into an interlocal agreement with the Houston-Galveston Area Council of Governments (HGAC) to purchase vehicles. HGAC has accepted bids for vehicles that meet all City specifications. There being no discussion, a motion by Mayor Pro Tern Moses, seconded by Deputy Mayor Pro Tern Bird, all voting "aye," adopted Resolution No. 2004-092 rejecting Bid No.04-27 for one 2004 side loading refuse truck and one 2004 knuckle boom loader with body; and authorizing the purchase of one 2004 side loading refuse truck and one 2004 knuckle boom loader truck with body from Houston Galveston Area Council of Governments (HGAC) contractors. D.2 CONSIDER ADOPTING RESOLUTION NO. 2004-090 APPROVING A PROPOSAL FROM THE TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL FOR PROPERTY, CASUALTY AND WORKERS COMPENSATION INSURANCE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In May 2004 the Risk Management Division issued a Request for Proposals for Property, Casualty and Workers Compensation Insurance Coverage. A total of seventeen Requests for Proposals were distributed. By proposal opening date, June 15, 2004 five proposals had been received from: The Texas Municipal League-Intergovernmental Risk Pool Arthur J. Gallagher & Co. Palmer & Cay Roach, Howard, Smith & Hunter Key & Piskuran Insurance Agency Of the five proposals received, only Texas Municipal League Intergovernmental Risk Pool (TML) provided quotes on all of the policies requested. The other vendors submitted alternate proposals that exceeded or decreased the policy limits and/or deductibles as requested in the proposal specifications. After a review of the costs submitted with the alternate proposals and a comparison with the limits and deductibles requested in the specifications, the Risk Manager, Director of Finance and the Director of Human Resources recommend the acceptance of the Volume 93, page 101 TML proposal for a total of $353,415, which is approximately $6,395 less than last year's budget. Staff recommends acceptance of Resolution No. 2004-090 accepting the proposal for Property, Casualty and Workers Compensation Insurance from the Texas Municipal League Intergovernmental Risk Pool. Funds for the coverage are available in the fiscal year 2004-2005 Annual Budget in the amount of $359,810. There being no further discussion, a motion by Councilman Robinson, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2004-090 approving a proposal from the Texas Municipal League Intergovernmental Risk Pool for Property, Casualty and Workers Compensation Insurance. D.3 CONSIDER ADOPTING RESOLUTION NO. 2004-084 APPROVING A HAZARD ANALYSIS AND MITIGATION ACTION PLAN FOR THE CITY OF FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Federal Disaster Mitigation Act requires that by November 1, 2004, a community's emergency management plan must include a State approved hazard analysis and mitigation action plan in order to receive approximately $150,000 in Homeland Security funds and to maintain eligibility for federal emergency assistance funds. A hazard analysis and mitigation action plan, or HazMAP, consists of establishing the hazard mitigation team, identifying potential hazards, assessing the risk each hazard presents, and identifying possible actions to mitigate or reduce hazards. It is important to realize that not every hazard leads to a disaster. The HazMAP has been completed and is proposed as an annex to the City's Emergency Management Plan. The hazard mitigation team consists of the city engineer, the fire chief, the public information officer, the Valwood Improvement Authority director, the parks and recreation director, the public works director, the community services director, and the building official. Hazards that were identified and the risks assessed included dam failure, flooding, hazardous materials, terrorism, transportation accidents, fires, and various types of severe weather. Five strategies were identified to mitigate or reduce hazards: 1. Adopt the most recent editions of the International Building, Fire and Mechanical Codes. This action is proposed for fiscal year 2004-05. 2. Upgrade the public safety radio system to improve radio reception throughout the entire City. The improvements are presently budgeted and scheduled for fiscal year 2004-05. 3. Support the Valwood Improvement Authority in ensuring that the integrity of the levee is maintained. Volume 93, page 102 4. Construct Fire Station No. 3. The new facility is presently scheduled in the City's long-range plan for fiscal year 2007-08. 5. Install a high water warning system for Farmers Branch Creek at Marsh Lane. The southbound bridge of Marsh Lane at Farmers Branch Creek experiences high water during brief, flash flooding three to five times per year. Funds will be budgeted as revenues allow or when other mitigation funds are available. In assessing the risks, it was determined that the City's actions over the last two decades have effectively reduced the risk of many hazards. The adoption of building and fire codes, the floodplain ordinance, the subdivision ordinance, and the zoning ordinance has reduced risks associated with fire and flooding. Many capital improvement projects have reduced risk associated with drought, flooding, and transportation accidents. The creation of the Valwood Improvement Authority has also reduced the flooding risk. There being no discussion, a motion by Deputy Mayor Pro Tern Bird, seconded by Councilwoman Smith, all voting "aye," adopted Resolution No. 2004-084 approving a Hazard Mitigation Action Plan for the City of Farmers Branch. El DA CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE AND SENIOR ADVISORY BOARD AND APPOINTMENTS FOR MUNICIPAL COURT JUDGES AND TAKE APPROPRIATE ACTION. Mayor Phelps stated appointments to the School-Community Relations Committee and the Municipal Court Judges would be brought back to the August 16, 2004 City Council meeting. A motion by Mayor Pro Tem Moses, seconded by Councilman Robinson, all voting "aye,' reappointed Hugh McWhorter, Katie Roberts, Don Brockman, and Rick Lyon to the Senior Advisory Board. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or travel requests. D.6 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Councilwoman Smith reported on the July 20th Metrocrest Hospital Authority Board luncheon. Deputy Mayor Pro Tem Bird congratulated City Manager Linda Groomer for her volunteer work in Port Maria, Jamaica building a dental clinic, and also Volume 93, page 103 congratulated Parks and Recreation Director Jeff Fuller for his 29-year wedding anniversary. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 6:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:10 P.M. AND THEN CONCLUDED AT 6:40 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 the sale, trade or lease of City owned property or acquisition of property in the Farmers Branch Station Area, Farmers Branch, Texas. Mayor Phelps explained that 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 staff updated the City Council on land acquisition and no action was necessary. F.2 ADJOURNMENT. A motion by Mayor Pro Tern Moses, a second by Councilman Robinson, all voting "aye", adjourned the City Council meeting of Augus , 2004 at 8:18 p.m. t Bob Phelps, May 6r Cindee Peters, City Secretary Volume 93, page 104