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2003-09-08 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, September 8, 2003 7:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Deputy Mayor Pro Tem Bill Moses Councilmembers Charlie Bird Ben Robinson Junie Smith The following member of the City Council was absent: Mayor Pro Tem Paul Walden The following members of Administration were present: Interim City Manager John Burke Assistant City Manager Linda Groomer City Secretary Cindee Peters Assistant to the City Manager Margaret Somereve Assistant to the City Manager John Roach City Attorney Matthew Boyle Fire Chief Kyle King Police Chief Jim Fawcett Library Director Mary Jane Stevenson Director of Communications Tom Bryson Director of Public Works Mark Pavageaux Director of Community Services Michael Spicer Director of Equipment Services Don Moore Director of Parks and Recreation Jeff Fuller Director of Economic Development Norma Nichols Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of September 8, 2003, 2003 to order at 7:30 p.m. The meeting was televised. `il Volume V, page 1 11 A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilwoman Smith led the pledge of allegiance and Boy Scout Troop No. 734 of the Christ United Methodist Church led the pledge of allegiance. Mayor Phelps asked Boy Scout Troop No. 734 members to introduce themselves. A.2 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.3 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. Mayor Phelps asked the record to show that Mayor Pro Tem Walden was not in attendance. A motion by Councilman Robinson, seconded by Councilman Bird, all voting "aye," excused Mayor Pro Tem Walden's absence. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE 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 Deputy Mayor Pro Tem Moses, seconded by Councilwoman Smith, all voting "aye," approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF AUGUST 18, 2003. B.2 ADOPTED RESOLUTION NO. 2003-093 ACCEPTING A SANITARY SEWER EASEMENT ON PROPERTY ADDRESSED AS 12418 VERONICA CIRCLE DONATED TO THE CITY BY JAMES F. AND JO ANN WOODS GEE FOR THE CONSTRUCTION OF EROSION PROTECTION IMPROVEMENTS FOR AN EXISTING SANITARY SEWER MAIN ALONG THE BANK OF FARMERS BRANCH CREEK. it B.3 ADOPTED RESOLUTION NO. 2003-094 ACCEPTING A SANITARY SEWER EASEMENT ON PROPERTY ADDRESSED AS 12414 VERONICA CIRCLE DONATED TO THE CITY BY PAUL AND Volume 82, page 2 DENA F. TARTAGLIA FOR THE CONSTRUCTION OF EROSION PROTECTION IMPROVEMENTS FOR AN EXISTING SANITARY SEWER MAIN ALONG THE BANK OF FARMERS BRANCH CREEK. B.4 ADOPTED RESOLUTION NO. 2003-100 APPROVING AN ENGINEERING SERVICES AGREEMENT WITH TERRA MAR CONSULTING ENGINEERS FOR CONSTRUCTION MATERIALS TESTING ASSOCIATED WITH THE RECONSTRUCTION OF JOSEY LANE FROM VALWOOD PARKWAY TO FYKE ROAD. B.5 ADOPTED RESOLUTION NO. 2003-096 RENEWING A CONTRACT WITH THE TRINITY RIVER AUTHORITY OF TEXAS FOR ANALYSIS OF POTABLE WATER AND WASTEWATER, INDUSTRIAL FACILITIES INSPECTIONS AND WASTEWATER SAMPLING. C.1 CITIZEN PARTICIPATION. John Oechsner, 3509 Brookline Lane, asked if the City has ever sent any staff members to the International Association of Shopping Centers and if not, why. Mr. Oechsner reviewed some of the facts and figures of the organization. Mayor Phelps stated staff would be contacting Mr. Oechsner. C.2 PUBLIC HEARING: 2003-04 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET. Mayor Phelps presented the following information. A public hearing is being held to consider the 2003-04 operating and capital improvement program budget. The proposed budget was filed with the City Secretary and furnished to the City Council on July 31, 2003 and copies of the proposed budget were made available for public inspection at the Farmers Branch Manske Library and on the City's website. A public work session of the City Council was held on August 18, 2003 to discuss the budget; the meeting was televised and has been regularly rebroadcast on the City's Cable Channel 16. The following procedure was recommended for the meeting: • Mayor will open hearing. • Comments will be heard from citizens. • Hearing will be closed. • City Council discussion. There being no comments from the public, a motion by Councilman Bird, seconded by Deputy Mayor Pro Tem Moses, all voting "aye," closed the public hearing. Volume 82, page 3 Councilman Robinson commented that he was opposed to the two-cent tax increase and feels it penalizes a part of the community that is having a difficult time. He stated he had no problem with the mechanics of the way the budget was prepared and appreciated the hard work that John Burke and City staff have done. Councilman Robinson would like to see more balance sheet information associated with the operating budget for Council to review. He stated he would like for the Council to approve the 2003-2004 without the two-cent tax increase. Councilman Bird stated he believes that none of the Councilmembers wants to raise taxes, but if Council does not raise taxes it would result in City employees being laid off and City services reduced. Councilman Bird also stated if the City ever gets in a position where taxes can be lowered he would be the first to propose a reduction in the taxes. Councilman Bird stated he sympathizes with Councilman Robinson not wanting to raise taxes but he feels it has to be done. Deputy Mayor Pro Tem Moses stated that City staff should be commended and complimented for an excellent job that has been done, not only this year, but for the past years. Deputy Mayor Pro Tem Moses stated although he does not like to raise taxes, he feels comfortable with the two-cent increase in taxes. He stated he would not like to have to cut back on City services. John Burke, Interim City Manager, explained that at the work session in August, a resident asked a question that dealt with the budget and finances of the City. The question was whether the City could take money from the Capital Improvement Program from planned years 2007 and 2008 and move the money forward to the current budget to use for expenses so the library could be built. The proposed budget details a planned use of those funds in 2007 and 2008. He stated that cash-wise, the money does not exist for those years, and therefore funds cannot be moved to gain the use of the money for projects. Councilwoman Smith stated she was impressed with the sense of teamwork, and how the City came together to make this budget work. She stated she has learned a lot through the budget process and had to make some difficult decisions. D.1 CONSIDER ADOPTING ORDINANCE NO. 2733 AMENDING THE CITY'S OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR THE 2002-03 FISCAL YEAR AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Ordinance No. 2733 amends the 2002-03 fiscal year operating and capital budget to a level that is consistent with the City's most current estimate of revenues and expenditures. Staff recommends the adoption of Ordinance No. 2733 amending the 2002-03 fiscal year operating and capital improvement budget. Volume 82, page 4 There being no discussion, a motion by Deputy Mayor Pro Tem Moses, seconded by Councilwoman Smith, all voting "aye," adopted the following captioned Ordinance No. 2733. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 2002-03 FISCAL YEAR OPERATING AND CAPITAL BUDGET AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. D.2 CONSIDER ADOPTING RESOLUTION NO. 2003-101 MAINTAINING THE CITY'S INVESTMENT POLICY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Texas Public Funds Investment Act and the City's Investment Policy require an annual review by the City Council of the investment strategies and policies of the City. The City's existing policy has provided excellent guidance to staff and has been used as a model policy for other government entities. Additionally, the Investment Policy has been recognized with a Certification of Excellence Award by the Municipal Treasurers' Association of the United States and Canada. The City of Farmers Branch manages and invests its cash consistent with four objectives. The objectives, listed in priority order, are: Safety, Liquidity, Yield, and Public Trust. The safety of principal invested always remains the primary objective. All investments are designed and managed in a manner responsive to the public trust and in accordance with state and local law. The City's investment portfolio consists primarily of United States Agency and Treasury Notes with an average portfolio maturity of eighteen months and a maximum investment maturity of five years. Staff recommends maintenance of existing investment strategies and policies. There being no discussion, a motion by Councilman Robinson, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 2003-101 maintaining the City's investment policy. D.3 CONSIDER ADOPTING ORDINANCE NO. 2734 AMENDING APPENDIX A - FEE SCHEDULE, CHAPTER 2 - FINANCE AND CHAPTER 86 - UTILITIES, OF THE FARMERS BRANCH CODE OF ORDINANCES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2003-2004 proposed budget includes an increase of five percent in water and sewer rates. This increase is necessary to provide sufficient funding for cost increases and to provide for necessary water and sewer system improvements. Water and sewer rates were last increased in April of 1999. Volume 82, page 5 The monthly utility bill of an average residential customer with 10,000 gallons water consumption, considering both the water and sewer rate change, will increase from $46.34 to $48.64 for a change of $2.30 per month. Even with this increase, Farmers Branch rates remain low compared to area cities. A similar customer in Carrollton, for example, would be charged $52.12 using current rates. In addition to the water and sewer rate increase, staff recommends increasing fees that have not been increased in over ten years in order to partially cover the cost of providing the service. These increases include raising the returned check- processing fee from $15 to $25, raising the charge to a customer for damaging a water meter lock from $4 to $20, raising the charge for tampering with a water meter from $20 to $50, and adding a new fee of $25 to turn on a meter after business hours. Staff recommends adopting Ordinance No. 2734 amending Appendix A - Fee Schedule, Chapter 2 - Finance and Chapter 86 - Utilities, of the Farmers Branch Code of Ordinances. There being no discussion, a motion by Councilwoman Smith, seconded by Deputy Mayor Pro Tem Moses, all voting "aye," adopted the following captioned Ordinance No. 2734. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING UTILITY FEES BY AMENDING THE FARMERS BRANCH CODE OF ORDINANCES, APPENDIX A - FEE SCHEDULE, CHAPTER 2 AND CHAPTER 86. DA CONSIDER ADOPTING ORDINANCE NO. 2735 AMENDING AMBULANCE RATES BY AMENDING THE FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 30 - EMERGENCY SERVICES, ARTICLE II, SECTION 30-35 AND APPENDIX A - FEE SCHEDULE, CHAPTER 30 - EMERGENCY SERVICES, ARTICLE II, SECTION 30-33, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch provides emergency ambulance service through the Fire Department at an annual cost of approximately $1.9 million. During the budget workshop, City staff discussed increasing the City's emergency ambulance service transport rates as a measure to reduce the subsidy to the cost of providing ambulance service and to maximize Medicare, Medicaid and private insurance revenues while minimizing a patient's out-of-pocket expenses. Since 1999, the City has charged emergency ambulance service fees of $225 for residents with a mileage charge of $5.00 per mile for transport for all resident patients from the nearest City limit to any hospital outside of the City. Since 2001, Volume 82, page 6 rates for non-residents have been: $400 for Basic Life Support or Advanced Life Support, Level 1; $450 for Advanced Life Support, Level 2; plus, $6.00 per mile for transport of a non-resident from the nearest city limit to any hospital outside of the city. Staff proposes an increase in rates for residents to: $350 for Basic Life Support; $400 for Advanced Life Support, Level 1; $450 for Advanced Life Support, Level 2; and, $8.00 per mile for transport of a resident from the nearest city limit to any hospital outside of the city. Staff proposes an increase in rates for non-residents to: $400 for Basic Life Support; $475 for Advanced Life Support, Level 1; $550 for Advanced Life Support, Level 2; and, $8.00 per mile for transport of a resident from the nearest city limit to any hospital outside of the city. These increased rates are projected to increase ambulance fee revenues by approximately $90,000 for an annual total of $355,000. There being no discussion, a motion by Councilman Robinson, seconded by Councilman Bird, all voting "aye," adopted the following captioned Ordinance No. 2735. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE FARMERS BRANCH CODE OF ORDINANCES, APPENDIX A - FEE SCHEDULE, CHAPTER 30 - EMERGENCY SERVICES, ARTICLE II, SECTION 30-33. D.5 CONSIDER ADOPTING ORDINANCE NO. 2736 APPROVING THE 2003 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Proposed Ordinance No. 2736 approves the 2003 tax roll certified by the Dallas Central Appraisal District. The certified tax roll sets forth the taxable value, after qualified exemptions for residential and commercial real property and business personal property in the City of Farmers Branch at $3,558,212,393 (three billion, five hundred fifty-eight million, two hundred twelve thousand, three hundred ninety-three dollars). This represents a $201,952,021 decrease in taxable value from the July 25, 2002 certified tax roll. There being no discussion, a motion by Councilman Bird, seconded by Councilman Robinson, all voting "aye," adopted the following captioned Ordinance No. 2736 approving the tax roll certified by the Dallas Central Appraisal District. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, TO APPROVE THE 2003 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT. Volume 82, page 7 D.6 CONSIDER ADOPTING ORDINANCE NO. 2737 APPROVING THE OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE 2003-04 FISCAL YEAR AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On July 31, 2003, the proposed 2003-04 fiscal year operating and capital budget was delivered to the City Council, copies for citizen review were delivered to the Farmers Branch Manske Library, and electronic copies were made available on the City's website. The proposed budget was discussed with City Council during a budget workshop held August 18, 2003 and citizen comments were heard at a public hearing held earlier during this meeting. Ordinance No. 2737 approves the operating and capital improvement program budget for the 2003-04 fiscal year. All applicable laws and City Charter provisions necessary for adoption of the budget have been followed. Staff recommends the adoption of Ordinance No. 2737 approving the 2003-04 fiscal year operating and capital budget. Mayor Phelps commended City staff for spending many hours on the budget this year. He stated this budget had been a special challenge with tough decisions that had to be made with the economic downtown and sales tax and property tax continuing to decline. Mayor Phelps stated staff and department heads have cut their budgets to the bare minimum, and no one wants to raise taxes. He stated for the first time in 12 years the City will be forced to raise taxes two cents or lay off employees or cut services. He stated things will come back, but the big delay will be the postponement of the improvements to the Manske Library. He stated services would still be provided to the citizens. He stated he appreciated all the employees for their cooperation in this matter. Mayor Phelps stated this ordinance also includes the amendments to the funding of the organizations. There being no further discussion, it was moved by Councilwoman Smith, seconded by Deputy Mayor Pro Tem Moses, to adopt Ordinance No. 2737. Voting in favor of the motion were Councilmembers Smith, Bird, and Moses; voting against the motion was Councilman Robinson. The motion carried 3 votes to 1, adopting the following captioned Ordinance No. 2737, approving the 2003- 04 fiscal year operating and capital budget. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF FARMERS BRANCH FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERATION OF VARIOUS DEPARTMENTS Volume 82, page 8 AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY. A motion by Councilwoman Smith, seconded by Deputy Mayor Pro Tem Moses, all voting "aye," amended Ordinance No. 2737 amending and approving general contracts: Metrocrest Social Service Center in the amount of $20,000; Farmers Branch Chamber of Commerce in the amount of $65,000; Senior Adult Services in the amount of $60,000; Metrocrest Chamber of Commerce in the amount of $5,000; and Special Care and Career Center in the amount of $5,000; for a total expenditure for general contracts in the amount of $155,000. D.7 CONSIDER ADOPTING ORDINANCE NO. 2738 TO LEVY THE TAX RATE FOR 2003-04 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Ordinance No. 2738 sets the tax rate for the 2003 tax year at $.46 per $100 of assessed value on residential and commercial real property and business personal property within the city. This represents a two-cent property tax increase and is the first property tax increase since 1991-92. The City of Farmers Branch continues to have one of the lowest tax rates in Dallas County. The $.46 tax rate will be distributed as follows: $366981 per $100 of assessed value for general fund distribution, and $.093019 per $100 of assessed value for debt service distribution. The impact on a $134,000 average value home in Farmers Branch will be an increase of $21.44 per year for a home with a homestead exemption. For a home of like value with both a homestead as well as an over-65 exemption, the increase will be $9.44 per year. Due to the 5.4% decrease in taxable property values, an increase in the tax rate to $0.46 will mean that property tax revenues will actually decline by $200,000 in fiscal year 2003-2004 when compared to the 2002-03 amended budget. There being no further discussion, it was moved by Councilman Bird, seconded by Deputy Mayor Pro Tem Moses, to adopt Ordinance No. 2738. Voting in favor of the motion were Councilmembers Smith, Bird, and Moses; voting against the motion was Councilman Robinson. The motion carried 3 votes to 1, adopting the following captioned Ordinance No. 2738, to levy the tax rate for the 2003-04 fiscal year at $.46 per $100 of assessed. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, TO LEVY THE TAX RATE FOR THE 2003-2004 FISCAL YEAR. D.8 CONSIDER ADOPTING TWO RESOLUTIONS AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO AGREEMENTS WITH THE CITY OF CARROLLTON AND AFFILIATED COMPUTER SERVICE, INC. Volume 82, page 9 FOR THE 800 MHZ TRUNKED SIMULCAST RADIO SYSTEM, AND TAKE APPROPRIATE ACTION. RESOLUTION NO. 2003-091 AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A SUPPLEMENTAL METROCREST RADIO SYSTEM INTERLOCAL AGREEMENT WITH THE CITY OF CARROLLTON TO INSTALL THE 800 MHZ TRUNKED SIMULCAST RADIO SYSTEM UPGRADE, AND TAKE APPROPRIATE ACTION. RESOLUTION NO. 2003-092 AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AFFILIATED COMPUTER SERVICES, INC. (ACS), REGARDING INSURANCE, INDEMNIFICATION, WARRANTIES, RELATED TO THE INSTALLATION, TESTING AND MAINTENANCE OF THE 800 MHZ TRUNKED SIMULCAST RADIO SYSTEM UPGRADE, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch currently uses a single-site nine-channel 800 MHz trunked radio system owned by the City of Carrollton. The City of Carrollton, Town of Addison and the City of Farmers Branch are upgrading the Motorola-equipped single-site 800 MHz trunked radio system to a four-site nine channel 800 MHz trunked simulcast radio system. On July 14, 2003, Council approved the purchase from Motorola for the equipment necessary to upgrade the public safety radio system for a total cost of $883,469.65. Resolution No. 2003-091 authorizes the Interim City Manager to enter into a Supplemental Metrocrest Radio System Interlocal Agreement with the City of Carrollton, authorizing the installations, testing and maintenance of the 800 MHz Trunked Radio System Simulcast Upgrade and the purchase of system related radio equipment to be purchased from Carrollton at a total cost of $464,127.68. Resolution No. 2003-092 authorizes the Interim City Manager to enter into an agreement, pursuant to the Supplemental Metrocrest Radio System Interlocal Agreement with the City of Carrollton, to retain the services of Affiliate Computer Services, Inc. (ACS) as a subcontractor. ACS will be responsible for commercial general liability, workers compensation, business automobile liability, and all risk property insurance and to perform the installation, testing and maintenance of the multi-site simulcast system as requested in Resolution Number 2003-091. A motion by Councilwoman Smith, seconded by Deputy Mayor Pro Tern Moses, all voting "aye," adopted Resolution Numbers 2003-091 and 2003-092 authorizing the Interim City Manager to enter into Supplemental Metrocrest Volume 82, page 10 Radio System Interlocal Agreement and an Agreement with Affiliated Computer Services, Inc. (ACS), related to the 800 MHz Trunked Simulcast Radio System Upgrade. D.9 CONSIDER ADOPTING RESOLUTION NO. 2003-108 AWARDING THE BID FOR THE ASBESTOS ABATEMENT AND BUILDING DEMOLITION AT 12700 N. STEMMONS AND 12800 N. STEMMONS TO ICE CONTRACTORS, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The properties located at 12700 and 12800 N. Stemmons Freeway were acquired by the City of Farmers Branch in the spring of 1999 and are being prepared for demolition. The long- term goal of the purchase was to affect a redevelopment of the area around the adjacent site of the future DART light rail station. The City considered various options for the properties, including a study to renovate the property at 12700 N. Stemmons into a conference center. Many factors contributed to the decision not to go forward with the renovation, including a downturn in the economy and changes in the economic market for conference centers. On April 21, 2003 the City Council adopted Resolution No. 2003-046 approving a Memorandum of Understanding between the City and the Dallas Stars for the construction of a Dr Pepper StarCenter recreational ice-skating and conference facility on the site. In order to prepare both sites for future development, the demolition of the buildings on the sites is necessary. In addition, both buildings must have asbestos-containing materials removed prior to demolition. There are funds totaling $275,000 available in the Hotel Motel Bond and Non Bond Convention Center Funds for asbestos abatement and building demolition at these properties. Invitations to bid were sent to eighteen asbestos abatement and demolition contractors. Six bids were received and opened on August 27, 2003. All bids met specifications. The low bid for the base bid items was received from ICE Contractors, Inc. in the amount of $139,200. Four add-alternate items were also bid for a total of $6,000, for a total bid amount of $145,200. The contract time is 45 calendar days. ICE Contractors, Inc. has provided adequate licenses, qualifications and references for similar work. ICE Contractors, Inc. has also performed satisfactorily on similar work for the City. There being no discussion, a motion by Councilman Robinson, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 2003-108 awarding the bid, including the add-alternates, for Asbestos Abatement and Building Demolition at 12700 N. Stemmons and 12800 N. Stemmons Freeway to ICE Contractors, Inc. in the amount of $145,200. Volume 82, page I 1 D.10 CONSIDER ADOPTING RESOLUTION NO. 2003-098 AWARDING THE BID FOR THE BROOKHAVEN CLUB DRIVE MEDIAN ENHANCEMENTS TO J & J SPRINKLER AND LANDSCAPE, INC. AND TAKE APPROPRIATE ACTION Mayor Phelps presented the following information. Brookhaven Club Drive improvements are budgeted in the total amount of $2,519,053 in the 2002-2003 Capital Improvement Program. The scope of the improvements to Brookhaven Club Drive include reconstruction of the street from Marsh Lane to the east intersection of Golfing Green Drive and median enhancements from Marsh Lane to Webb Chapel Road. The street reconstruction has been completed. There is $455,967 available for the median enhancements. On August 12, 2003, six bids were opened and received for the Brookhaven Club Drive Median Enhancements; five of the six bids met specifications. The low bid meeting specifications was received from J&J Sprinkler and Landscape, Inc. in the amount of $372,868. J&J Sprinkler and Landscape, Inc. have successfully completed the median improvements to Webb Chapel Road and have provided adequate references for similar work. The contract time for completion of the median enhancements to Brookhaven Club Drive is 180 calendar days. There being no discussion, a motion by Councilwoman Smith, seconded by Deputy Mayor Pro Tern Moses, all voting, adopted Resolution No. 2003-098 awarding the bid for Brookhaven Club Drive Median Enhancements to J&J Sprinkler and Landscape, Inc. in the amount of $372,868. D.11 CONSIDER APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD, COMMUNITY WATCH COMMITTEE, PARKS AND RECREATION BOARD AND TAKE APPROPRIATE ACTION. A motion by Deputy Mayor Pro Tem Moses, seconded by Councilwoman Smith, all voting "aye," appointed Jerry Smith to the Community Watch Committee with the appropriate letter to be sent. Mayor Phelps stated he would contact the members of the Parks and Recreation Board and bring this item back to the next meeting. D.12 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. A motion by Deputy Mayor Pro Tem Moses, seconded by Councilwoman Smith, "all voting "aye," approved travel for Mayor Phelps and Interim City Manager John Burke to attend the National Recreation and Park Association Conference in St. Louis on October 23rd through October 25th. Jeff Fuller, Director of Parks and Volume 82, page 12 Recreation, is being recognized by the Board and Commission Branch, for the Administrative Excellence Award for the top professional in his profession in the United States for this year. D.13 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Councilwoman Smith stated Community Watch is planning two events. One will take place on November 4th at 7 p.m. at City Hall, when there will be a presentation by the Police and Fire Departments on holiday safety tips, fire prevention, and how to keep safe from holiday crime. December 6th is the Christmas Tree Lighting, when the Holiday Lighting Contest will begin and run through December 17th. Winners will be honored at the January 5, 2004 City Council meeting. Councilwoman Smith announced that anyone interested in helping should call her at 972-285-1103 or Ruth Lee at 972-241-1770. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:24 P.M. AND THEN CONCLUDED AT 6:36 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 sale or trade or leases of city owned property or acquisition of property located in the area known as old Farmers Branch. 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 stated that the City Council was updated on items in executive session and no action was necessary. Volume 82, page 13 1 F.2 ADJOURNMENT. A motion by Councilman Bird, a second by Deputy Mayor Pro Tem Moses, all voting "aye", adjourned the City Council meeting of September 8, 2003 at 8:35 ry i Bob Phelps, Mayor Cindee Peters, City Secretary p.m. Volume8l,page 14