2003-03-03 CC MinutesCity of Farmers Branch
City Council Regular Meeting Agenda
City Hall Plaza
13000 William Dodson Parkway
Farmers Branch, Texas
Monday, March 3, 2003
7:30 P.M.
The following members of the City Council were present:
Mayor
Mayor Pro Tern
Deputy Mayor Pro Tern
Councilmembers
Bob Phelps
Charlie Bird
Paul Walden
Bill Moses
Jim Robbs
Calla Davis
The following members of the Administration were present:
Interim City Manager
Assistant City Manager
City Secretary
Assistant to the City Manager
Assistant to the City Manager
City Attorney
Fire Chief
Police Chief
Director of Engineering
Director of Public Works
Director of Community Services
Director of Parks and Recreation
Director of Economic Development
Communications Director
Recording Secretary
John Burke
Linda Groomer
Cindee Peters
Margaret Somereve
John Roach
John Boyle
Kyle King
Jimmy Fawcett
Jerry Murawski
Mark Pavageaux
Michael Spicer
Jeff Fuller
Norma Nichols
Tom Bryson
Suzanne Reynolds
Mayor Phelps called the City Council meeting of March 3, 2003 to order at 7:30 p.m. The
meeting was televised.
A.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Reverend Richard Seymour gave the invocation and Councilwoman Davis, led the pledge of
allegiance.
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A.2 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 congratulated Margaret Somereve for being elected as Chair of the Governmental
Aggregation Project (GAP).
A.3 PROCLAIM MARCH 2 - 8, 2003 AS "SEVERE WEATHER AWARENESS WEEK".
Mayor Phelps proclaimed March 2 through 8, 2003 as "Severe Weather Awareness Week" and
presented Chief King with a proclamation.
A.4 PRESENTATION OF SERVICE AWARD.
Mayor Phelps presented a twenty-year employee service award to Mateo Gonzalez of the Public
Works Department.
A.5 PRESENTATION BY DAVID MERRITT, CHAIRMAN OF THE PLANNING AND ZONING
COMMISSION, OF THE 2002 ANNUAL PLANNING AND ZONING REPORT.
David Merritt, Chairman of the Planning and Zoning Commission, presented the 2002 Annual
Planning Report to the City Council and gave a brief description of the report.
A.6 DEMONSTRATION OF THE NEW INTERNET UTILITY BILLING SYSTEM.
Hong Sae, Information Services Manager, presented a demonstration of the City's new Internet
online utility billing system.
A.7 PRESENTATION OF BOARD APPLICATIONS.
There were no applications presented.
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 Mayor Pro Tern Bird, seconded by Councilman Moses, all voting "aye," approved
the Consent Agenda as submitted.
B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF FEBRUARY 17, 2003.
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B.2 ADOPTED RESOLUTION NO. 2003-023 AUTHORIZING THE CITY MANAGER
TO EXECUTE A JOINT ELECTION CONTRACT WITH THE COUNTY OF
DALLAS FOR THE MAY 3, 2003 CITY COUNCIL ELECTION.
B.3 ADOPTED RESOLUTION NO. 2003-033 AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH THE CITY OF DALLAS FOR BIOTEL
SYSTEM BIOMEDICAL ONLINE SUPERVISION SERVICES FOR THE FIRE
DEPARTMENT.
B.4 APPROVED AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE
OF LIABILITY FORM WITH FORD VILLA OPERATING ASSOCIATES, L.P./BGK
TEXAS MANAGEMENT, INC. FOR USE OF ITS PARKING FACILITIES FOR
SPECIAL EVENTS HELD DURING THE 2003 CALENDAR YEAR.
B.5 ADOPTED RESOLUTION NO. 2003-030 AUTHORIZING THE CITY MANAGER
TO PURCHASE SMALL EQUIPMENT FOR THE PARKS AND RECREATION
DEPARTMENT THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING
COOPERATIVE.
C.1 CITIZEN PARTICIPATION.
John Wells, 13521 Heartside Lane, commended the Mayor and City Council for not conducting
an outside search for a City Manager, for hiring from within and appointing John Burke as
Interim City Manager.
D.1 CONSIDER ADOPTING RESOLUTION NO. 2003-028 AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH GRAHAMS WRECKER SERVICE TO
PROVIDE TOWING AND IMPOUND SERVICES FOR THE CITY AND TAKE
APPROPRIATE ACTION.
Mayor Phelps presented the following information. The City entered into a wrecker contract
with Grahams Wrecker service in 1999. That contract is now expired.
In December 2002 the Police Department sent out three Requests for Proposals for the purpose
of granting an exclusive contract to one wrecker service for the towing and impoundment of
abandoned vehicles, prisoners' vehicles and disabled vehicles.
On January 28, 2003, proposals were returned from Graham's Wrecker Service and Walnut Hill
Wrecker Service. Both met the minimum stated requirements and specifications required by the
City. Grahams Wrecker Service is currently providing the service specified in the Request for
Proposals and is performing that service in a satisfactory manner. They have the experience,
equipment and personnel to continue to provide quality service to the citizens of Farmers
Branch. The contract is proposed for three years with the option of two one-year extensions.
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There being no discussion, a motion by Councilman Moses, seconded by Councilman Davis, all
voting "aye," adopted Resolution No. 2003-028 authorizing the City Manager to execute a
contract with Graham Wrecker Service to provide towing and impound services for the City.
D.2 CONSIDER ADOPTING RESOLUTION NO. 2003-035 AWARDING THE BID FOR THE
MUSTANG TRAILS PARK EROSION CONTROL IMPROVEMENTS TO CRAIG OLDEN,
INC. AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. The 2002-2003 Capital Improvement
Program Budget provides funding for erosion control improvements at Mustang Trails Park in
the amount of $421,865.
Mustang Trails Park, which lies between the eastbound and westbound lanes of Valley View
Lane near Templeton Trail, is traversed by Farmers Branch Creek. The creek banks along the
park are eroding, and erosion control improvements are needed to protect the bank to insure that
Valley View Lane and adjacent public utilities are not threatened. The proposed improvements
will consist of gabion walls along the portions of the creek experiencing erosion, gabion
mattresses along the creek bottom beneath the bridges, and placement of rock at the base of the
existing gabion walls and manhole.
There is $222,065 available for construction after expenditures for engineering, including
surveys, geotechnical analysis, hydrologic and hydraulic analysis of alternative designs, and
design of the alternative selected by the City for implementation. The improvements have been
permitted by U.S. Army Corps of Engineers.
On February 11, 2003, two bids were received and opened for the erosion control improvements
at Mustang Trails Park. All bids met specifications and the low bid was received from Craig
Olden, Inc. in the amount of $154,977.00. Craig Olden, Inc. has performed similar work for the
City of Farmers Branch in the past.
There being no discussion, a motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro
Tem Walden, all voting "aye," adopted Resolution No. 2003-035 awarding the bid for the
Mustang Trails Park Erosion Control Improvements to Craig Olden, Inc. in the amount of
$154,977.00.
D.3 CONSIDER ADOPTING RESOLUTION NO. 2003-031 AWARDING THE BID FOR THE
2002-2003 SIDEWALK REPAIRS AND CONSTRUCTION TO KEN DO CONTRACTING
AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. Requests for bids for the 2002-2003
sidewalk repairs program were mailed to ten vendors. Five bids were received and opened on
February 11, 2003, and all bids met specifications. Ken Do Contracting submitted the lowest bid
meeting specifications in the amount of $65,160.00. The bid request was prepared on an
estimated quantity of work. The work items were bid on a unit price basis, and the contractor
will be paid only for work actually performed.
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Funds in the amount of $139,200.00 are included in the 2002-2003 Public Works operating
budget for the sidewalk repair program. The normal amount of repairs were included within the
bid request, however the bids received were low compared to the last years price. This favorable
bid presents the opportunity to increase the number of repairs that are normally done in a year's
time. Based on the relatively low unit prices received in this year's bid, all of the repairs
identified to date can be completed with a proposed bid award of $120,000.00. With those
repairs accomplished, $19,200.00 could be returned to the general fund.
The Director of Public Works recommends that the bid for sidewalk repairs and construction at
various locations be awarded to Ken Do Contracting on a unit price basis, for the total not to
exceed $120,000.00.
Councilwoman Davis asked Public Works Director Mark Pavageaux if the manhole covers on
the streets are included in this project. Mr. Pavageaux replied it is not in this contract; that is a
street repair. He stated repairs around manholes are generally performed by City crews.
There being no further discussion, a motion by Councilman Robbs, seconded by Councilman
Moses, all voting "aye," adopted Resolution No. 2003-031 awarding the bid for sidewalk repairs
and construction at various locations to Ken Do Contracting for a total not to exceed
$120,000.00.
D.4 CONSIDER ADOPTING RESOLUTION NO. 2003-034 AWARDING THE BID FOR
PAVING AT THE CITIZEN COLLECTION CENTER AT 1399 VALLEY VIEW LANE AND
TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. The Citizens Collection Center at 1349
Valley View Lane is for residents to use to dispose of their waste or bulky items. It is also for
drop-off of recyclable items. The facility is operated from Friday, 8:00 a.m. to 6:00 p.m. through
Monday, 8:00 a.m. to 6:00 p.m. This facility is being relocated due to the Right of Way required
for the construction of the President George Bush Turnpike, which will cross through the
existing site. The new location will be approximately five hundred feet to the east but within the
same City property as the existing Citizens Collection Center. The new Citizens Collection
Center will have a paved driving surface, a gate house, two additional disposal boxes for a total
of four, an area for recyclable items to be dropped off, landscaping and a decorative metal gate.
Funding in the amount of $200,000 is available for the construction of the new Citizens
Collection Center.
Eighteen bids for the concrete paving were received and opened on February 18, 2003. All bids
met specifications. The low bid meeting specifications was received from McMahon
Contracting L.P. in the amount of $83,058.40. The construction time is specified at 90 calendar
days.
Funds are available for the concrete paving at the new Citizens Collection Center in the Non-
Bond, CIP Fund, Westside Improvements.
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There being no discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all
voting "aye," adopted Resolution No. 2003-034 awarding the bid for paving at the Citizens
Collection Center to McMahon Contracting L.P. in the amount of $83,058.40.
D.5 CONSIDER APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENT AND
BUILDING CODE BOARD OF APPEALS, THE PLANNING AND ZONING COMMISSION,
AND THE HISTORICAL PRESERVATION AND RESTORATION BOARD AND TAKE
APPROPRIATE ACTION.
A motion by Mayor Pro Tem Bird, seconded by Councilman Moses, all voting "aye," appointed
Robert Schies to Place 3 on the Zoning Board of Adjustment and Building Code Board of
Appeals and Fred Sawyer to Alternate Place 1 on the Zoning Board of Adjustment and Building
Code Board of Appeals.
A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," moved Tim
O'Hare to Alternate Place 1 on the Planning and Zoning Commission.
D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE
ACTION.
John Burke, Interim City Manager, stated he, Mayor Phelps and staff members attended a
meeting in Austin, on February 24, 2003 to meet with representatives of the Texas Commission
on Environmental Quality to discuss the St. Stephens contamination site.
A motion by Mayor Pro Tem Bird, seconded by Councilwoman Davis, all voting "aye,"
approved travel for Councilman Moses to attend the Texas Recreation and Parks Society
Conference in San Antonio on March 26th through 28th. Mayor Phelps stated that Barney Wood
would be honored statewide at the TRAPS conference.
D.7 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS.
Mayor Phelps stated on March 21St he attended the Interstate 35 - Interstate 635 Committee
meeting with the Congressional delegation regarding the funding for the I-35/635 corridors. On
March 22nd he attended the American Asian Engineering Dinner held at the Omni Hotel in
Farmers Branch. On March 2nd he and members of the City Council attended the dedication of
the Blair Intermediate School.
Mayor Phelps announced that the Community Meetings would be held on Tuesday, March 25, at
the Manske Library and Thursday, March 27, at the Farmers Branch Senior Center.
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 4:55 P.M. AND
THEN CONCLUDED AT 6:23 P.M.. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE
OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND
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ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN
CLOSED SESSION.
E.1 DISCUSS ECONOMIC DEVELOPMENT - TEXAS GOVERNMENT CODE SECTION
551.087.
Discuss economic development incentive package for a Farmers Branch company and take
appropriate action.
Mayor Phelps stated staff was present to discuss this item with Council.
E.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072.
Discuss potential sale, lease, or trade of City owned property at the southwest corner of Golfing
Green Drive and Josey Lane and take appropriate action.
Discuss sale, trade or lease of City owned property or acquisition of property located in the area
known as Old Farmers Branch and take appropriate action.
Mayor Phelps stated staff was present to discuss this item with Council.
E.3 DISCUSS PENDING OR CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE
SECTION 551.071.
Discuss status of environmental cleanup efforts at the former St. Stephens Dry Cleaners site
located at 2788 Valwood Parkway and take appropriate action.
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 explained staff updated City Council on executive items and no action was
necessary.
F.2 ADJOURNMENT.
A motion by Mayor Pro Tem Bird, a second by Councilman Walden, all voting "aye", adjourned
the City Council meeting of March 3, 2003 at 8:20 p .
Bob Phelps, May 6r Cindee Peters, City Secretary
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