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2001-12-17 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, December 17, 2001 7:30 p.m. The following members of the City Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Tern Councilmembers Bob Phelps Calla Davis Charlie Bird Paul Walden Bill Moses Jim Robbs The following members of the City Administration were present: City Manager Assistant City Manager Assistant to the City Manager City Secretary City Attorney Finance Director Communications Director Director of Community Services Director of Parks & Recreation Library Director Director of Economic Development City Engineer Director of Public Works Director of Equipment Services Police Chief Fire Chief Recording Secretary Richard Escalante John Burke John Roach Cindee Peters John Boyle Charles Cox Tom Bryson Michael Spicer Jeff Fuller Mary Jane Stevenson Norma Nichols Jerry Murawski Mark Pavageaux Don Moore Jim Fawcett Kyle King Suzanne Reynolds Mayor Phelps called the City Council meeting of December 17, 2001 to order at 7:33 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Robbs gave the invocation and led the pledge of allegiance to the flag. Volume 88, page l A.2 RECOGNITION OF 2001 "CHRISTMAS DECORATION CONTEST" WINNERS. Mayor Phelps presented the following information. The Farmers Branch Community Watch Program sponsored a city-wide "Christmas Decoration Contest" for the 2001 holiday period. The Community Watch Committee divided the City into four areas using Valley View Lane and Webb Chapel Road as the dividing points. There was no formal entry process to determine eligibility in the contest. Between December 6, 2001 and December 9, 2001, members of the committee went into residential areas and viewed yard decorations and then submitted a list of three finalists for each of the areas. The list was then given to members of the Farmers Branch Women's Club who determined a winner for each area. Winners from each area will be given a sign to display in their front yard and a certificate recognizing their efforts to promote the holiday spirit in Farmers Branch. Winners were announced and recognized: Northeast area, 3434 Brockway, Jerry and Janice Free; Northwest area, 2936 Golfing Green, Jerry Hays; Southeast area, 12235 Brisbane, James W. Marcom, and Southwest area, 2532 Danny, Dean and Debra Sullivan. A.3 PRESENTATION OF APPRECIATION PLAQUE TO THE CARROLLTON- FARMERS BRANCH GIRLS SOFTBALL LEAGUE. Mayor Phelps presented the following information. This item was placed on the agenda at the request of Councilman Bird. The Carrollton- Farmers Branch Girls Softball League has been providing opportunities for the girls of Farmers Branch to play softball for many years. The League is run by volunteers who work countless hours for the betterment of the young women who participate. The League's service is a valued contribution to the community. The latest effort of the Girls Softball League to help the community was the 2001 Santa Softball Tournament. Fifty-four teams comprising more than 700 girls entered the Holiday Tournament. The entry fee was a donation of a toy, food item, or money. The League, led by Truett Ball, President, volunteered over 200 hours to hold this tournament for needy children in this area. Due to the League's efforts, over 1,200 toys, 700 pounds of food and $500.00 were presented to the Metrocrest Social Service Center by the City of Farmers Branch and the Carrollton-Farmers Branch Girls Softball League on Saturday, December 8, 2001. Mayor Phelps and City Council recognize Anne Coe, Truett Ball, President of the Carrollton-Farmers Branch Girls Softball League, Ron Brandson, Robert and Lisa Milligan Tournament Directors, Paul and Vicki Hole, Gary Garcia, Mark McKinney, and Paul and Nancy Watten for their efforts on behalf of the Farmers Branch community and presented the league with a plaque. Volume 88, page 2 AA CONSIDER ACCEPTING DONATION OF BLOOD PRESSURE EQUIPMENT TO THE SENIOR CENTER FROM BUFORD WATSON AND THE FARMERS BRANCH DANCE CLUB AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Farmers Branch Dance Club hosts a dance at the Senior Center every Monday night. The dances are very popular and the Farmers Branch Senior Center has been named by The Dallas Morning News as the best place in the Metroplex for seniors to dance. The Dance Club donated a desk, chair, and blood pressure cuff to the Senior Center to be used by the participants of the Senior Center. The purchase price for the equipment was approximately $400. Dance Club President, Buford Watson, and his wife Corina along with Katy and Harold Roberts were present for the donation of blood pressure equipment to the Senior Center. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," accepted the donation of a desk, chair, and blood pressure cuff to the Senior Center to be used by the participants of the Senior Center. A.5 CONSIDER ACCEPTING A GIFT TO THE MANSKE LIBRARY IN THE AMOUNT OF $10,000 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. An anonymous donor has donated $10,000 to the Manske Library for the purchase of foreign language materials needed for adults and children. The gift may also be used to purchase materials for the English class that is held twice a week at the Library. Staff proposes to use the gift to purchase more popular items for the Spanish language collection and for the English class. In accordance with the Library's Long Range Plan accepted by the Council in November 2000, staff would also use part of the gift to start a collection of Vietnamese materials. A motion by Deputy Mayor Pro Tem Bird, seconded by Councilman Moses, all voting "aye," accepted the $10,000 gift. A.6 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 30-year employee service award to John Wilson of the Fire Department. A.7 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. Volume 88, page 3 A.8 PRESENTATION OF WEST SIDE PLAN: SENSE OF PLACE. Kaizer Rangwala, Director of Planning, made a presentation to the public about the West Side Plan: Sense of Place. Councilman Walden asked Mr. Rangwala to elaborate more about the traffic capacity on the Beltline type street versus a more pedestrian friendly illustration. Mr. Rangwala elaborated in more detail concerning the illustrations that were contained in his presentation. Councilman Walden commented that the livability illustration was much more pleasing than the automobiles in the first illustration. A.9 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. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Mayor Phelps 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. Mayor Phelps stated there were three individuals that would like to withdraw items from the Consent Agenda and heard before the Council, Consent Items B.2, B.3, B.4, and B.S. A motion by Mayor Pro Tem Davis, seconded by Councilman Walden, all voting "aye," withdraw items B.2, B.3, B.4, and B.5 and added Councilman Walden was in attendance on Consent Item B.2, Minutes of the December 4, 2001 meeting. Kathleen Matsumura, 3920 Clubway Drive, asked about Consent Items B.2, B.4, and B.S. B.2 - She asked why there was a Special Session December 4, 2001, after the regular Council Meeting on December 3, 2001. B.4 - She asked if the services Carolyn Chaney and Associates provides are necessary. B.5 - Asked why there were no quotes in this agenda item. Richard Escalante, City Manager, referenced Agenda Item B.2. He stated the meeting was followed after a luncheon. The purpose of the meeting was to Volume 88, page 4 brainstorm Sister City activities; to find out what Bassetlaw is interested in and what the City of Farmers Branch is interested in. He stated the Council cannot meet as a group with the guests without posting a meeting notice. Mayor Phelps stated Bassetlaw suggested setting up a pen pal program or a student exchange program. Mayor Phelps stated the meeting was to set up a pen pal program; there was no action taken. Mayor Pro Tem Davis stated when Farmers Branch delegates visit Bassetlaw or Garbsen these types of meetings are also held in those cities. Mayor Phelps stated the majority of the Council does not usually make these trips or attend these meetings. Councilman Walden stated the hyper link to the Bassetlaw web page was also discussed. Mr. Escalante referenced Agenda Item B.4. He stated that Carolyn Chaney and Associates provides a number of services to the City and the City contracted with Chaney and Associates several years ago. He stated Chaney and Associates represents Farmers Branch in regards to issues at the federal level such as transportation, sales tax and other issues of interest to the City and keeps the City informed on those issues relative to Farmers Branch. Mr. Escalante stated without the services of Chaney and Associates, the City would have to have someone spending a great deal of time in Washington. Mr. Escalante referenced Agenda Item B.5. He stated it is an emergency if the City's computer is not cooled and without the cooling system the City's computer systems could be damaged. The bidding process would extend the time to get the unit in place due to the engineering requirements that would be included in the bid. Further, he stated the City would be purchasing this air conditioning system within the amount specified in the resolution. Mayor Phelps stated it is being handled as an emergency because the City has to rent additional air conditioning units. Ms. Matsumura asked if the $45,000 is a ballpark price. Mr. Escalante replied it is not to exceed that price. John Wells, 13521 Heartside Place, stated on Consent Item B.2 he did not see where the meeting was posted or advertised. Mayor Pro Tem Davis stated the meeting notice was posted 72 hours prior to the meeting. Volume 88, page 5 Mr. Escalante stated it was posted on the same day that the December 3, 2001, City Council Agenda was posted. Mr. Wells asked if the service for Chaney and Associates, Consent Agenda Item B.4 was needed. Mr. Wells did state, however, that Mr. Escalante answered the question very well earlier. Mr. Wells asked if the $35, 000 was budgeted for the air conditioning system, Consent Agenda Item B.5. Mr. Escalante replied yes, $35,000 was budgeted, but the City believed it would be more than $35,000 and asked for a not to exceed amount of $45,000. Beth Crockett, 2702 Mount View Drive, stated she would like clarification on Consent Agenda Item B.3, Municipal Court Judge's salary. Mayor Phelps explained the breakdown of the judge's compensation. Ms. Crockett wanted clarification on Consent Agenda Item B.4. She asked what other cities does the lobbyist represent and believes that the City could get the information from other sources rather than spending the money on Chaney and Associates. Mayor Phelps replied that the City does not know whom Chaney and Associates represents. Ms. Crockett stated on Consent Agenda Item B.5 she thought the original estimate for the air conditioning system was $40,000. Mr. Escalante replied when staff began talking to the Council about this issue the City had not received any estimates from the engineer. Ms. Crockett asked if the cost would not exceed $45,000. Mr. Escalante replied it would not exceed $45,000 and if it exceeds $45,000 he would have to come back to the City Council. A motion by Mayor Pro Tem Davis, seconded by Councilman Moses, all voting "aye," approved the Consent Agenda as presented with the change on Consent Agenda Item B.2 showing that Councilman Walden was in attendance at the December 4, 2001 Special Meeting. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF DECEMBER 3, 2001. B.2 APPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF DECEMBER 4, 2001. B.3 ADOPTED RESOLUTION NO. 2001-144 RELATING TO THE COMPENSATION OF THE MUNICIPAL COURT JUDGE AND ALTERNATE MUNICIPAL COURT JUDGES. Volume 88, page 6 B.4 ADOPTED RESOLUTION NO. 2001-139 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CAROLYN C. CHANEY & ASSOCIATES, INC. TO PROVIDE FEDERAL LOBBYING AND INFORMATION SERVICES. B.5 ADOPTED RESOLUTION NO. 2001-140 DECLARING AN EMERGENCY AND AUTHORIZING THE CITY MANAGER TO PURCHASE A NEW AIR CONDITIONING UNIT, INCLUDING INSTALLATION, FOR THE CITY HALL COMPUTER ROOM. B.6 ADOPTED RESOLUTION NO. 2001-130 APPROVING A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION. B.7 ADOPTED RESOLUTION NO. 2001-131 APPROVING A RELEASE OF DEVELOPER'S CONTRACT WITH MOBIL RESEARCH AND DEVELOPMENT CORPORATION. B.8 ADOPTED ORDINANCE NO. 2651 GRANTING A LICENSE TO JPMORGAN CHASE BANK TO OCCUPY, MAINTAIN AND UTILIZE CERTAIN PUBLIC RIGHTS-OF-WAY WITHIN THE LIMITS OF THE CITY OF FARMERS BRANCH FOR THE PURPOSE OF THE INSTALLATION AND MAINTENANCE OF FIBER-OPTIC TELECOMMUNICATION CABLES AND PRIVATE ELECTRICAL SERVICE. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, GRANTING A LICENSE TO JPMORGAN CHASE BANK TO OCCUPY, MAINTAIN AND UTILIZE CERTAIN PUBLIC RIGHTS-OF-WAY WITHIN THE LIMITS OF THE CITY OF FARMERS BRANCH FOR THE PURPOSE OF THE INSTALLATION AND MAINTENANCE OF FIBER-OPTIC TELECOMMUNICATION CABLES AND PRIVATE ELECTRICAL SERVICE; PROVIDING FOR THE TERMS AND CONDITIONS OF THIS LICENSE; PROVIDING FOR COMPENSATION TO BE PAID TO THE CITY; PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. B.9 ADOPTED RESOLUTION NO. 2001-132 ACCEPTING STREET EASEMENTS TO DEDICATE RIGHTS-OF-WAY AND ABANDONING PORTIONS OF RIGHTS-OF-WAY FOR LAKEWAY BOULEVARD AND SENLAC DRIVE TO PROVIDE IMPROVED ALIGNMENT OF LAKEWAY BOULEVARD AND A PORTION OF SENLAC DRIVE, AND ACCEPTING A STREET EASEMENT TO Volume 88, page 7 DEDICATE RIGHTS-OF-WAY FOR LUNA ROAD TO PROVIDE A RIGHT TURN LANE. D.1 CONSIDER ADOPTING RESOLUTION NO. 2001-136 APPROVING AN AGREEMENT WITH CARTER AND BURGESS, INC. FOR ENGINEERING DESIGN SERVICES FOR A SANITARY SEWER LIFT STATION NEAR LUNA ROAD AND PARKWEST BOULEVARD AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2001-2002 Non-Bond Capital Improvement Program budget provides $200,000 for a sanitary lift station on the west side of the City. The proposed lift station is needed to provide sanitary sewer service for a significant area within Tax Incremental Financing No. 1, also known as TIF No. 1. The lift station will be located in an easement dedicated to the City in 1987 on the east side of Luna Road, north of the levee near Parkwest Boulevard. An engineering services agreement has been negotiated with Carter and Burgess, Inc. to design the lift station in an amount not to exceed $101,105. This amount is within an acceptable fee range for similar projects. Carter and Burgess, Inc. has adequate experience in designing street reconstruction and utility improvements and lift stations throughout the Dallas/Fort Worth Metroplex. The design will be completed in 180 calendar days. The estimated cost of the lift station is $1,500,000. The budgeted funds will be used to pay for the design. TIF No. 1 funds will be used for the construction of the lift station. The City Engineer recommends the adoption of Resolution No. 2001-136 approving an agreement for engineering design services with Carter and Burgess, Inc. for a sanitary sewer lift station in an amount not to exceed $101,105. There being no further discussion, a motion by Deputy Mayor Pro Tem Bird, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 2001- 136 approving an agreement for engineering design services with Carter and Burgess, Inc. for a sanitary sewer lift station in an amount not to exceed $101,105. D.2 CONSIDER ADOPTING RESOLUTION NO. 2001-129 AWARDING BIDS FOR CHEMICALS AND FERTILIZERS FOR THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Bid requests for the annual supply of chemicals and fertilizers for the Parks and Recreation Department were advertised and sent to ten vendors. Seven bids were returned and opened on November 20, 2001. Volume 88, page 8 All vendors were notified in the specifications that the quantities were estimates and that the City may purchase adjusted quantities of product. The lowest bids received meeting specifications were from BWI - Dallas/Ft. Worth for twelve items; Lesco, Inc. for six items; Vopak USA, Inc. for five items; Estes, Inc. for sixteen items; Greensmiths, Inc. for one item; United Horticultural Supply for eight items; and ProSource One for two items. Staff recommends awarding to the low bidders that meet specifications for each item. The total cost of the low bid items meeting specifications is $98,370.06. There is $105,000 budgeted for the annual supply of chemicals and fertilizers in the 2001-2002 budget. The Director of the Parks and Recreation Department recommends adopting Resolution No. 2001-129 awarding bids for an annual supply of chemicals and fertilizers for the Parks and Recreation Department to BWI - Dallas/Ft. Worth in the amount of $20,953.65; Lesco, Inc. in the amount of $8,964.50; Vopak USA, Inc. in the amount of $17,708.20; Estes, Inc. in the amount of $24,270.32; Greensmiths, Inc. in the amount of $1,360.00; United Horticultural Supply in the amount of $20,486.49; and ProSource One in the amount of $4,626.90 for a total award of $98,370.06. There being no discussion, a motion by Councilman Moses, seconded by Mayor Pro Tern Davis, all voting "aye," adopted Resolution No. 2001-129 awarding bids for an annual supply of chemicals and fertilizers. D.3 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, COMMUNITY WATCH COMMITTEE, AND HISTORICAL PRESERVATION AND RESTORATION BOARD AND TAKE APPROPRIATE ACTION. A motion by Deputy Mayor Pro Tem Bird, seconded by Councilman Moses, all voting "aye," reappointed Glenna Grimmer, Ron Doerler, Betty Thacker, Patsy Mayo from Alternate Place 1 to the Board, and Angie Mayo from Alternate Place 2 to Alternate Place 1, and accepted the resignation of Frances Glancy to the Historical Preservation and Restoration Board, with the appropriate letters. DA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Richard Escalante, City Manager, stated he attended the National League of Cities Conference. He stated he attended sessions which included "Citizen Involvement," "Gathering Information on Emergency Preparedness," and "Stormwater Regulations." He stated he also met with the City's lobbyist Carolyn Chaney and Chris Giglio to discuss issues that will be forthcoming. Volume 88, page 9 A motion by Deputy Mayor Pro Tern Bird, seconded by Councilman Moses, all voting "aye," reopened Agenda Item D.3, and consider appointing a member to the Community Watch Committee. A motion by Councilman Moses, seconded by Mayor Pro Tem Davis, all voting "aye," appointed Gene Sadler to the Community Watch Committee. D.5 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Mayor Phelps stated on December 7, 2001 he attended the Dallas Regional Mobility Coalition. On December 8, 2001, he, Councilmen Bird and Robbs attended a portion of the ball games and helped load toys and can goods for the Metrocrest Social Service Center. On December 11, 2001, Mayor Phelps stated he attended the Metroplex Mayors Meeting. Mayor Phelps stated on December 13, 2001, he attended a meeting called by the Dallas Water Utilities with Mark Pavageaux, Director of Public Works, and his staff. Mayor Phelps asked Mr. Pavageaux to update Council about the meeting. Mr. Pavageaux stated the basic discussion was about what Dallas intends to do this summer in the way of water conservation. He stated that Dallas would be kicking off a major conservation program for the City of Dallas. Mr. Pavageaux stated he would be getting back with Council as soon as new developments occur. Mayor Phelps stated what action Dallas takes affects Farmers Branch because the City of Farmers Branch purchases water from Dallas. D.6 CITIZEN PARTICIPATION. Dennis Redwine, 2624 Dixiana, read a statement concerning the editorial in The Dallas Morning News and Branch Crossing issues. Jim Smith, 2811 Bay Meadow, congratulated and thanked the Mayor and City Council for serving on the Council and suggested to the audience that the City become a City again. Calla Davis, 2828 Selma, thanked staff and Council for picking up the load when she was unable to attend some of the meetings. Mayor Pro Tern Davis stated she spoke with Zulema Martinez with the Carrollton-Farmers Branch Independent School District and Ms. Martinez informed her there were 28 families with school children who would not be having Christmas this year. Mayor Pro Tern Davis suggested that the viewing audience might want to help in adopting some of the families and stated more information could be found out by calling the Carrollton- Farmers Branch School District. Volume 88, page 10 John Wells, 13521 Heartside Place, asked that department heads pass on to the employees' congratulations for a job well done. He also stated Mr. Escalante's trip to Serbia was beneficial for the City. Mr. Wells asked about the status of the Word of Faith and suggested it should be used for an arts center. Angie Mayo, 2922 Hollandale, stated she and her husband have lived in Farmers Branch for over 40 years. She stated she was present to thank the Mayor and City Council for all their hard work, and the citizens of Farmers Branch appreciate their vision and leadership. She stated that Branch Crossing is just one of the examples where Farmers Branch is moving forward. She thanked the Council again for making Farmers Branch the "Best Living Place" in the Metroplex. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 6:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:55 P.M. AND CONCLUDED AT 7:22 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. A. DISCUSS LAND ACQUISITIONS - TEXAS GOVERMENT CODE, SECTION 551.072 SALE OR TRADE OR LEASES 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 would be present to discuss this item with the City Council. B. DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERMENT CODE, SECTION 551.071 1. SETTLEMENT FOR THE CENTRAL WATER LINES AND MIDWAY ROAD/SPRING VALLEY ROAD WATER LINE PROJECTS AND TAKE APPROPRIATE ACTION. 2. SETTLEMENT FOR THE MIDWAY ROAD WIDENING PROJECT AND TAKE APPROPRIATE ACTION. Mayor Phelps stated staff would be present to discuss this item with the City Council. Volume 88, page 11 F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps explained the City Council was updated on land acquisition and no action was necessary. Mayor Phelps called for necessary action on litigation. A motion by Councilman Walden, a second by Councilman Robbs, all voting "aye", approved Resolution 2001-142 and Resolution 2001-143. F.2 ADJOURNMENT. A motion by Councilman Moses, a second by Mayor Pro Tem Davis, all voting "aye", adjourned the City Council meeting of December 17, 2001 at 9:18 p.m. Mayor Phelps City Secretary Volume 88, page 12