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2002-11-18 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, November 18, 2002 7:30 p.m. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem Councilmembers Bob Phelps Charlie Bird Paul Walden Bill Moses Jim Robbs Calla Davis The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary Assistant to the City Manager City Attorney Fire Chief Police Chief Director of Engineering Director of Public Works Director of Community Services Director of Equipment Services Membreno Acting Director of Human Resources Communications Director Director of Parks and Recreation Library Director Director of Economic Development Video Specialist Recording Secretary Richard Escalante Linda Groomer John Burke Cindee Peters John Roach John Boyle Kyle King Jim Fawcett Jerry Murawski Mark Pavageaux Michael Spicer Don Moore Norman Reynolds Tom Bryson Jeff Fuller Mary Jane Stevenson Duane Bishop Suzanne Reynolds STUDENTS Bryce Adams Jonathan Bruce April Brand Taylor Rhodes Cassandra Harris Marcus Dickey STUDENTS Tina Clark Elysce Ndunduyenge Alma Ramirez Justin Joseph Trent Turner Alex Watts Ketan Kesha Dauna Kim Freddy Anna Sheveland Jamie Smith Thanh Nguyen Meghari Jaiswal Lorena Zavala Ashley Bray Student Mayor Adams and Mayor Phelps called the City Council meeting of November 18, 2002 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Volume 89, page 82 Deputy Student Mayor Pro Tem Brand gave the invocation and pledge of allegiance and Patrick Peaveyhouse sang the National Anthem. A.2 INTRODUCE STUDENT GOVERNMENT DAY PARTICIPANTS AND PROCLAIM NOVEMBER 18, 2002 AS R.L. TURNER STUDENT GOVERNMENT DAY IN FARMERS BRANCH. Mayor Phelps presented the following information. Monday, November 18, 2002 is R.L. Turner High School Student Government Day at the City of Farmers Branch. Students from the high school are serving as counterparts to the Mayor, City Council, City Manager, City Secretary, Assistant City Managers and Department Heads. These students will actually "run" the City for a day. Mayor Phelps introduced Lori Demurer, R. L. Turner Government teacher and sponsor of the Student Government Dayearticipants, and presented her with a proclamation proclaiming November 18t at R. L. Turner Student Government Day in Farmers Branch. Mayor Phelps, the City Council, and the City staff introduced their counterparts and presented the students with certificates. A.3 REPORT ON STUDY SESSION ITEMS. Student Mayor Adams and Student Councilmembers gave a brief summary of the items discussed in Study Session prior to the regular meeting. A.4 CONSIDER ACCEPTING A DONATION FROM THE FARMERS BRANCH WOMAN'S CLUB TO THE MANSKE LIBRARY IN THE AMOUNT OF $150 AND TAKE APPROPRIATE ACTION. Student Mayor Adams presented the following information. The Farmers Branch Woman's Club has donated $150 to the Manske Library for the "Books for Babies" program that has been sponsored by the Farmers Branch Woman's Club since 1997. Designed to promote family literacy, the program provides a bag of books for newborns whose parents are Farmers Branch residents. Interested parents need only to bring a form of identification with current street address as well as their newborn or the newborn's birth certificate to the Library to receive the bag of books. Ruby Neely Farmers Branch Woman's Club President and Cathy Fettke, the Club's coordinator for the "Books for Babies" program, presented the Club's donation to Student Mayor Adams. The Library Director recommends accepting the $150 donation from the Farmers Branch Woman's Club to purchase materials for the "Books for Babies" program. Volume 89, page 83 A motion by Student Deputy Mayor Pro Tem Brand, seconded by Student Councilmember Dickey, all voting "aye," accepted the $150 donation from the Farmers Branch Woman's Club to purchase materials for the "Books for Babies" program with appropriate thank you letter. A motion by Mayor Pro Tem Bird, seconded by Councilmember Moses, all voting "aye," accepted the $150 donation from the Farmers Branch Woman's Club to purchase materials for the "Books for Babies" program with appropriate thank you letter. A.5 PRESENTATION OF SERVICE AWARD. Student Mayor Adams and Mayor Phelps presented a ten-year service award to Rick Eikenhorst of the Fire Department. A.6 BUCK CRINER OF THE FIRE DEPARTMENT - RETIREMENT RECOGNITION. Student Mayor Adams and Mayor Phelps presented a retirement plaque to Buck Criner of the Fire Department. A.7 PRESENTATION OF BOARD APPLICATION. There were no applications presented. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Student Mayor Adams stated under the title of 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 Student Mayor Pro Tem Bruce, seconded by Student Councilmember Harris, all voting "aye," adopted the Consent Agenda. A motion by Mayor Pro Tem Bird, seconded by Councilmember Robbs, all voting "aye," adopted the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF NOVEMBER 4, 2002. B.2 ADOPTED RESOLUTION NO. 2002-124 ACCEPTING AN EASEMENT AND RIGHT OF WAY ON PROPERTY ADDRESSED AS Volume 89, page 84 14400 JOSEY LANE DONATED TO THE CITY OF FARMERS BRANCH BY ONCOR ELECTRIC DELIVERY COMPANY, A TEXAS CORPORATION FOR THE JOSEY LANE IMPROVEMENT PROJECT. B.3 ADOPTED RESOLUTION NO. 2002-146 AUTHORIZING CHANGE ORDER NO. 3 FOR THE HUTTON DRIVE RECONSTRUCTION PROJECT. B.4 ADOPTED RESOLUTION NO. 2002-145 FOR THE PURCHASE OF IN-CAR VIDEO/AUDIO SYSTEMS FOR POLICE DEPARTMENT VEHICLES. C.1 CITIZEN PARTICIPATION. Kathleen Matsumura, 3938 Clubway, thanked the City for the excellent Veterans Day Ceremony, which was held at the Senior Center on Monday, November l lth Councilmember Calla Davis, 2828 Selma, encouraged persons interested in participating in the Holiday Gift Basket Drive by the Carrollton-Farmers Branch ISD Community Minority Liaison Department to contact Zulema Martinez at 972-323-2870. D.1 CONSIDER ADOPTING RESOLUTION NO. 2002-148 AWARDING BIDS FOR CONSTRUCTION OF THE NEW RECREATION CENTER AND TAKE APPROPRIATE ACTION. Student Mayor Adams presented the following information. The 2002-2003 Non Bond Capital Improvement Program budget includes $9 million for construction of the new Recreation Center and for furniture, fixtures and equipment. The long- range plan includes $500,000 for demolition of the existing Recreation Center and completion of site improvements, making the total budget for the project $9.5 million. With the assistance of Gallagher Construction Management Services, the City received and opened 146 bids for 30 trade packages on November 5, 2002. There are several bid packages such as furniture and fixtures, building security, telephone and data systems, and demolition of the existing Recreation Center that will be bid at a later date. Additionally, no bids meeting specifications were received on the accordion door bid package. All bids for that package are recommended to be rejected and acquired at a later date. The total amount of low bids meeting specifications recommended to be awarded at this time is $5,467,329. The $9.5 million budget includes $6,990,000 for construction. Groundbreaking ceremonies are scheduled for 2:00 p.m. on December 9, 2002. Demolition of the Recreation Annex and tennis courts is scheduled to begin the next day on December 10, 2002. Project completion is estimated to be in the Volume 89, page 85 spring of 2004. Shortly thereafter the Library will relocate to the old Recreation Center during expansion of the Manske Library, after which time the old Recreation Center will be demolished and site improvements will be completed. There being no discussion, a motion by Student Councilmember Rhodes, seconded by Student Councilmember Harris, all voting "aye," adopted Resolution No. 2002-148, awarding bids for the construction of the new Recreation Center in the amount of $5,467,329. There being no discussion, a motion by Councilmember Moses, seconded by Councilmember Robbs, all voting "aye," adopted Resolution No. 2002-148, awarding bids for the construction of the new Recreation Center in the amount of $5,467,329. D.2 CONSIDER ADOPTING RESOLUTION NO. 2002-147 AUTHORIZING THE CITY MANAGER TO ENTER INTO A REGIONAL LAW ENFORCEMENT MUTUAL AID TASK FORCE AGREEMENT WITH OTHER LAW ENFORCEMENT AGENCIES AND TAKE APPROPRIATE ACTION. Student Mayor Adams presented the following information. The Farmers Branch Police Department joined with other law enforcement agencies in 1983 and became a participant in the Dallas County Law Enforcement Mutual Aid Agreement. Since that time Farmers Branch officers and equipment have been sent to assist other agencies on several occasions, and in-kind the Department has received assistance from other member agencies. Recently the North Texas Police Chiefs Association coordinated efforts to draft a mutual aid agreement that would involve more agencies and bring member agencies into compliance with current practices, and federal and state statutes. The product of the effort is the "Greater Dallas-Ft. Worth Regional Law Enforcement Mutual Aid Task Force Agreement." The proposed agreement allows for a member law enforcement agency to call upon other member agencies for assistance of additional personnel and equipment. The providing of assistance is discretionary with the requested member, and is subject to the availability of resources. No contractual obligation to provide resources is created, and all obligations under this agreement are voluntary. Staff recommends adopting Resolution No. 2002-147 authorizing the Police Department to enter into a Regional Law Enforcement Mutual Aid Task Force Agreement. Student Councilmember Dickey asked the Police Chief under what circumstances in the past have Farmers Branch officers given assistance to other cities under mutual aid. Volume 89, page 86 Student Police Chief Watts read a statement concerning why there is a need to enter into the new mutual agreement. Chief Fawcett stated the City of Farmers Branch has in the past provided and received aid to and from other cities such as helping the City of Lancaster when they were hid by a tornado. Student Councilmember Dickey asked if it would involve both Police and Fire Departments. Student Police Chief Watts replied it would only involve Police. There being no further discussion, a motion by Student Councilmember Dickey, seconded by Student Deputy Mayor Pro Tem Brand, all voting "aye," adopted Resolution No. 2002-147 authorizing the Police Department to enter into a Regional Law Enforcement Mutual Aid Task Force Agreement. There being no further discussion, a motion by Councilmember Davis, seconded by Deputy Mayor Pro Tern Walden, all voting "aye," adopted Resolution No. 2002-147 authorizing the Police Department to enter into a Regional Law Enforcement Mutual Aid Task Force Agreement. D.3 CONSIDER, REVIEW AND DISCUSS CONTRACT WITH COLEMAN INVESTMENTS, INC., D/B/A GILTNER CUSTOM HOMES AND TAKE NECESSARY ACTION RELATED TO THE CONTRACT, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On April 16, 1999 the City entered into an agreement with Coleman Investments, Inc., d/b/a/ Giltner Custom Homes (Giltner) for the construction of new homes in Branch Crossing on five lots owned by the City. According to the terms of the agreement, Giltner was to complete all five homes within three years from the date of closing on the first property. The first property closed on November 16, 1999. As of November 18, 2002, Giltner has completed homes on two lots, assigned one lot to Aidan Creek Homes that has completed a home on that lot, and Giltner has a build-to-suit project approved and started for the fourth lot. The fifth lot, at 2655 Mount View Drive, is still owned by the City. Giltner has not submitted plans for the construction of a new home on the lot. Staff is prepared to discuss the contract with the City Council. There being no discussion, a motion by Student Councilmember Harris, seconded by Student Councilmember Rhodes all voting "aye," that "Due to a breach of the Agreement (the Agreement) between the City and Coleman Investments, Inc., d/b/a Giltner Custom Homes, dated the 16th day of April 1999, the City does hereby terminate the Agreement as to the last undeveloped lot, 2655 Mount View Volume 89, page 87 Drive, Lot 16, Block 3 of Valley View No. 5 Addition, and the City Manager is instructed and directed to notify its president, John C. Crawford, III, of this action. All other aspects of the Agreement remain in full force and effect." There being no discussion, a motion by Councilmember Robbs, seconded by Councilmember Moses, all voting "aye," that "Due to a breach of the Agreement (the Agreement) between the City and Coleman Investments, Inc., d/b/a Giltner Custom Homes, dated the 16th day of April 1999, the City does hereby terminate the Agreement as to the last undeveloped lot, 2655 Mount View Drive, Lot 16, Block 3 of Valley View No. 5 Addition, and the City Manager is instructed and directed to notify its president, John C. Crawford, III, of this action. All other aspects of the Agreement remain in full force and effect." DA CONSIDER APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS, ANIMAL SHELTER ADVISORY COMMITTEE, AND VALWOOD IMPROVEMENT AUTHORITY AND TAKE APPROPRIATE ACTION. A motion by Student Mayor Pro Tem Bruce, seconded by Student Councilmember Harris, all voting "aye," reappointed Clyde James and Ross Bumpass to the Zoning Board of Adjustment and Building Code Board of Appeals. Tamara Cleghorn asked not to be reappointed, and an appropriate letter will be sent to Ms. Cleghom. A motion by Mayor Pro Tem Bird, seconded by Councilmember Robbs, all voting "aye," reappointed Clyde James and Ross Bumpass to the Zoning Board of Adjustment and Building Code Board of Appeals. Tamara Cleghorn does not want to be reappointed; the Council will select another applicant at a future date and send an appropriate letter to Tamara Cleghorn. A motion by Student Mayor Pro Tem Bruce, seconded by Student Councilmember Harris, all voting "aye," reappointed Gerald Pendery to the Animal Shelter Advisory Committee. A motion by Mayor Pro Tem Bird, seconded by Councilmember Robbs, all voting "aye," reappointed Gerald Pendery to the Animal Shelter Advisory Committee. A motion by Student Mayor Pro Tem Bruce, seconded by Student Councilmember Harris, all voting "aye," reappointed RL S. Lemke to the Valwood Improvement Authority. A motion by Mayor Pro Tem Bird, seconded by Councilmember Robbs, all voting "aye," reappointed RL S. Lemke to the Valwood Improvement Authority. D.5 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Volume 89, page 88 Mayor Pro Tem Bird stated that Councilmember Robbs did an outstanding job as Chairperson for the Veterans Day Ceremony held at the Senior Center on November 11th. On Wednesday, November 13th he attended the R.L. Turner's Lions Club Veterans Day Ceremony. Councilmember Moses also stated the R.L. Turner's Lions Club Veterans Day Ceremony was a very touching ceremony and would be televised on cable. Councilmember Robbs thanked Mayor Pro Tem Bird and Kathleen Matsumura for the compliment on the Veterans Day Ceremony. He stated it would not have been possible without all the good organizations and staff members helping out and he wanted to thank all of them. Mayor Phelps stated Election Day was November 4th. On November 6th he attended a Carrollton-Farmers Branch ISD Foundation Breakfast. On November 11th he attended the Veterans Day Ceremony at the Senior Center. On November 12th he attended the Metroplex Mayor's Meeting. On November 12th he and City Manager Richard Escalante met with DART Board representatives regarding DART and attended another meeting regarding 4A and 4B cities. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Richard Escalante, City Manager, stated he attended the Senior Executive in State and Local Governments National Seminar at Harvard University on November 8 -11th' which focused on leadership and terrorism. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:02 P.M. AND THEN CONCLUDED AT 6:16 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 pending and contemplated litigation - Texas Government Code Section 551.071. Consultation with Attorney - Texas Government Code Section 551.071 Discuss contemplated litigation regarding Coleman Investments, Inc., D/B/A Giltner Custom Homes and take appropriate action. Volume 89, page 89 Mayor Phelps explained staff was present to discuss these items with the City Council. F.1 F.2 Consider necessary action on items discussed in the Executive Session. Mayor Phelps stated staff updated the City Council and action was taken on item D.3 and no action was necessary. Adjournment. A motion by Mayor Pro Tem Bird, a seconded by Councilmember Moses, all voting "aye", adjourned the City Council meeting of November 18, 2002 at 8:54 p.m. ?49-~ Bob Phelps, Mayor f Cindee Peters, City Secretary Volume 89, page 90