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2003-01-20 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, January 20, 2003 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 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 Director of Parks and Recreation Director of Economic Development Communications Director Library Director Recording Secretary Richard Escalante John Burke Cindee Peters John Roach John Boyle Kyle King Chief Fawcett Jerry Murawski Mark Pavageaux Michael Spicer Don Moore Jeff Fuller Norma Nichols Tom Bryson Mary Jane Stevenson Suzanne Reynolds The following members of the Administration were absent: Assistant City Manager Linda Groomer Assistant to the City Manager Margaret Somereve Mayor Phelps called the City Council meeting of January 20, 2003 to order at 7:30 p.m. The meeting was televised. Volume 89, page 130 a I A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Moses gave the invocation and Deputy Mayor Pro Tem. Bird led the pledge of allegiance. A.2 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and Councilmembers gave a brief summary of the items discussed in Study Session prior to the regular meeting. John Wells, 13521 Heartside, stated he was concerned about the unqualified report on the Comprehensive Annual Financial Report, for the year ended September 30, 2002. Councilman Walden replied that an unqualified report is a good thing. Mr. Wells asked about the uncommitted funds the City has. Mayor Phelps stated his concerns would be answered during agenda item D.1. Mr. Wells stated he had concerns about the $125,000 that has been spent on the environmental clean up site. The City Manager addressed his concerns as part of the discussion of Agenda Item D.3. A.3 INTRODUCTION OF CONGRESSMAN PETE SESSIONS, THE NEW CONGRESSIONAL REPRESENTATIVE FOR FARMERS BRANCH. Congressman Pete Sessions of the 32nd District of Texas introduced himself as the new Congressional Representative for Farmers Branch and expressed his desire to work with Farmers Branch. Mayor Phelps presented Congressman Sessions with a "key to the City" branding iron. AA CONSIDER ACCEPTING HISTORICAL PARK DONATIONS FOR THE FOURTH QUARTER 2002 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Historical Preservation and Restoration Board have approved several donations to be added to the collections. Ron Doerler, Chairman of the Historical Preservation and Restoration Board, recommends the following items for Council approval. A railroad bell from Ms. Betty Weeks of Flower Mound. Manual can sealing tool, meat grinder, kerosene can, and tire patching tool from Ms. Ruby Neely of Farmers Branch. A scythe blade and cultivator heads from Mrs. Glenna Grimmer of Farmers Branch. Volume 89, page 131 A $100.00 donation to the Historical Park from the Girl Scouts' Norwestor Day Camp. A $400.00 donation to the Historical Park from Pickups-N-Panels of North Texas. A $268.50 donation to the Historical Park from CT Eddins Elementary School. A motion by Councilwoman Davis, seconded by Deputy Mayor Pro Tem Walden, all voting "aye," accepted the fourth quarter donations to the Historical Park with an appropriate thank you letter. A.5 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 10-year employee service award to Jose Cruz of the Parks and Recreation Department. A.6 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 10-year employee service award to Ross Pittman of the Parks and Recreation department. 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 Tem Bird, seconded by Councilman Moses, all voting "aye," approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF SPECIAL CITY COUNCIL MEETING OF DECEMBER 30, 2002. B.2 APPROVED MINUTES OF CITY COUNCIL MEETING OF JANUARY 6, 2003. Volume 89, page 132 B.3 ADOPTED RESOLUTION NO. 2003-013 ACCEPTING A STREET EASEMENT ON PROPERTY ADDRESSED AS 14300 JOSEY LANE DONATED TO THE CITY OF FARMERS BRANCH BY VINH TEX CORPORATION FOR THE JOSEY LANE IMPROVEMENT PROJECT BETWEEN VALWOOD PARKWAY AND FYKE ROAD. B.4 ADOPTED RESOLUTION NO. 2003-015 ACCEPTING A SANITARY SEWER EASEMENT ON PROPERTY ADDRESSED AS 14051 N. STEMMONS FREEWAY DONATED BY SUPERIOR MART, INC. FOR THE CONSTRUCTION OF A SANITARY SEWER MAIN ON VALWOOD PARKWAY. B.5 ADOPTED RESOLUTION NO. 2003-010 APPROVING AN AGREEMENT WITH GSWW, INC. FOR ENGINEERING SERVICES FOR THE DESIGN OF THE RECONSTRUCTION OF FRUITLAND AVENUE BETWEEN BEE STREET AND MCCLINTOCK STREET AND BRAEMAR CIRCLE. B.6 ADOPTED RESOLUTION NO. 2003-009 ACCEPTING THE PROPOSAL FOR TRAFFIC SIGNAL RELAMPING MATERIALS FROM PARADIGM TRAFFIC SYSTEMS, INC. C.1 CITIZEN PARTICIPATION. John Wells, 13521 Heartside Place, requested signage at the various recycling locations in Farmers Branch. D.1 CONSIDER ADOPTING RESOLUTION NO. 2003-012 TO ADOPT THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AND REPORT TO MANAGEMENT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2002 AS SUBMITTED BY DELOITTE AND TOUCHE, LLP, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City Charter requires an annual audit by an independent Certified Public Accountant. The audit for the year ended September 30, 2002 has been completed and the Comprehensive Annual Financial Report and Report to Management have been submitted to City Council. Copies of the report are available to the public at the Farmers Branch Manske Library and on the City's website. City staff recommends adopting Resolution No. 2003-012 adopting the Comprehensive Annual Financial Report and Report to Management for the fiscal year ended September 30, 2002. Volume 89, page 133 Charles Cox, Director of Finance, introduce Ms. Reem Samra, a Director at Deloitte and Touche, LLP, to respond to questions of the Council. Ms. Samra presented a brief presentation on the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2002 and noted that Deloitte and Touche, LLP had given an unqualified "clean" opinion to the Comprehensive Annual Financial Report. Ms. Samra responded to a request for a definition of "unqualified" discussed earlier in the meeting. Ms. Samra explained an "unqualified audit opinion" is the highest level of opinion that they give and that, in their view, the City's financial statements are accurate and fairly presented. Mayor Phelps asked Ms. Samra to clarify the statement "qualification". Ms. Samra replied that if Deloitte and Touche qualified their opinion it would mean that there were problems with the financial statements or that they were not presented in accordance with generally accepted accounting principals. There being no further discussion, a motion by Councilwoman Davis, seconded by Deputy Mayor Pro Tern Walden, all voting "aye," adopted Resolution No. 2003-012 adopting the Comprehensive Annual Financial Report and Report to Management for the fiscal year ended September 30, 2002. D.2 CONSIDER ADOPTING RESOLUTION NO. 2003-008 AUTHORIZING THE PURCHASE OF PLAYGROUND EQUIPMENT, PARK FURNITURE, AND FALL ZONE MATERIAL FOR RAWHIDE PARK PLAYGROUND FROM LITTLE TIKES COMMERCIAL PLAY SYSTEMS THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The renovation to the Rawhide Park playground, commonly known as Fort Rawhide, is budgeted in the 2002-2003 Non Bond Capital Improvement Budget. There is $100,000 available for the playground renovations. Fort Rawhide is located on Golfing Green Drive just west of the Manske Library. City staff created a proposed playground design from input gathered from persons in the surrounding neighborhood who attended the design charrette held in February 2002. Residents at a second neighborhood meeting held in September 2002 endorsed the design. The existing wood fort, lookout tower, wagon climbing structure and swings will be removed. New equipment will be installed consisting of two swing sets, one multi-station play structure, three spring riders, two benches and two litter receptacles. New fall zone material will be placed. The multi-station play structure has been designed to maintain the fort theme with a stockade style entry in to the play area, as recommended by the neighborhood. Volume 89, page 134 Little Tikes Commercial Play Systems has provided a bid through the Texas Local Government Purchasing Cooperative, a cooperative purchasing administration agency for participating local governments throughout Texas, for the new playground equipment, furniture, and fall zone materials. An interlocal agreement with the purchasing cooperative was approved at the December 16, 2002 Council Meeting. The total bid price for the new equipment, including installation, is $68,349. The City Engineer and The Director of Parks and Recreation recommend adopting Resolution No. 2003-008 authorizing the purchase of equipment and material for Rawhide Park from Little Tikes Commercial Play Systems through the Texas Local Government Purchasing Cooperative. Councilwoman Davis asked if there would be any shade structures. Jeff Fuller, Parks and Recreation Director, replied there were neither plans nor funds at this time. There being no further discussion, a motion by Councilman Moses, seconded by Mayor Pro Tem Bird, all voting "aye," adopted Resolution No. 2003-008 authorizing the purchase of equipment and material for Rawhide Park from Little Tikes Commercial Play Systems through the Texas Local Government Purchasing Cooperative. D.3 CONSIDER ADOPTING RESOLUTION NO. 2003-014 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HBC ENGINEERING, INC., FOR ENVIRONMENTAL CONSULTING SERVICES RELATED TO THE FORMER ST. STEPHENS DRY CLEANER PROPERTY LOCATED AT 2788 VALWOOD PARKWAY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Environmental contamination originating from the former St. Stephens Dry Cleaner site located at 2788 Valwood Parkway has impacted City of Farmers Branch property and utilities in the area of the intersection of Valwood Parkway and Dennis Lane. Since discovery of the contamination in 1996, the City has engaged HBC Engineering, Inc. on multiple occasions to conduct various environmental investigations associated with this site. Over the past year, the need for environmental consulting services has increased. The proposed agreement with HBC Engineering outlines environmental consulting services likely to be needed for the remainder of the 2002-03 fiscal year. HBC Engineering will provide consulting services to the City on an hourly basis. Services include independent review of technical documents, conducting on-site investigations, performing soil and groundwater sampling, obtaining laboratory analyses, and providing other related environmental services. Volume 89, page 135 There is $74,000 budgeted for the 2002-03 fiscal year for environmental investigations and consulting services associated with the former St. Stephens site; expenditures of approximately $38,000 have been incurred to date. The proposed agreement with HBC Engineering, Inc. is based on a not-to-exceed amount of $106,000 for fiscal year 2002-03. A year-end budget adjustment will be necessary if the environmental investigation costs exceed the budgeted $74,000. The Director of Community Services recommends the adoption of Resolution No. 2003-014. Richard Escalante, City Manager, stated the City is asking the Council to approve this agreement so the project can move forward. Mr. Escalante stated staff can do a lot of the work involved in the project but there is some technical work that staff cannot perform. He stated HBC Engineering would only be used when necessary. Mayor Phelps stated the meeting in Austin in which he and Mr. Escalante attended did improve the City's chance of getting the responsible party to do something. Mr. Escalante stated the City is not involved in the actual cleanup at the property. The cleanup will be left up to the firm that owns the property. He stated the City is involved in this project because the contamination has migrated into the adjacent storm sewer system and is using this system as a conduit to Cooks Creek. He stated the City wants to make certain the water system is not contaminated. There being no further discussion a motion by Mayor Pro Tern Bird, seconded by Councilman Robbs, all voting "aye," authorized the city manager to execute an agreement with HBC Engineering, Inc., for environmental consulting services related to the former St. Stephens Dry Cleaner property located at 2788 Valwood Parkway. DA CONSIDER APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS AND THE HISTORICAL PRESERVATION AND RESTORATION BOARD AND TAKE APPROPRIATE ACTION. Mayor Phelps stated the vacancy on the Zoning Board of Adjustment and Building Code Board of Appeals would be brought back to the meeting of February 3, 2003. A motion by Mayor Pro Tern Bird, seconded by Councilwoman Davis, all voting "aye," appointed Denise Rhoads to Place 1 on the Historical Preservation and Restoration Board and moved Helen Bridgforth to Alternate Place 1. Volume 89, page 136 D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated he, Richard Escalante, Michael Spicer and Stacy Wright, attended a meeting in Austin on January 15, 2003 to meet with Representative Kenny Marchant and Margaret Hoffinan, Executive Director of the Texas Commission of Environmental Quality, regarding the St. Stephens Dry Cleaners. A motion by Councilwoman Davis, seconded by Mayor Pro Tem Bird, all voting "aye," approved travel for Mayor, City Council and City Manager to travel to Austin and Washington as needed. D.6 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Councilman Robbs stated he was invited by the Metrocrest Hospital Authority to attend a seminar entitled "Being a Better Director" in Scottsdale, Arizona, all expenses paid. He stated he has accepted the invitation. Councilman Moses stated on January 15, he and Mayor Phelps attended a tree planting at Jaycee Park. He stated the Senior Dance Group purchased the trees that were planted. Councilman Moses complimented the Senior Dance Group for the good things they do for the City. Mayor Phelps stated on January 14th he attended the Metroplex Mayors Breakfast in which Congressman Pete Sessions was the speaker. 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 6:30 P.M. AND THEN CONCLUDED AT 7:09 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 POTENTIAL SALE OF CITY-OWNED PROPERTY IN BRANCH CROSSING - TEXAS GOVERNMENT CODE SECTION 551.071 AND 551.072. Discuss request for proposals and sale of City-owned property at 2655 Mount View Drive in Branch Crossing and take appropriate action. Mayor Phelps stated staff was present to discuss this item with the City Council. E.2 DISCUSS PENDING OR CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Volume 89, page 137 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 that City Council was updated on the items under executive session and no action was necessary. F.2 ADJOURNMENT. A motion by Mayor Pro Tem Bird, a second by Councilman Robbs, all voting "aye' urned the City Council meeting o January 20, 0 at 8:33 p.m. Bob Phelps, Mayor Cindee Peters, City Secretary 1 [i Volume 89, page 133