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2002-02-18 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, February 18, 2002 7:00 p.m. A.0 CALL TO ORDER - THE MEETING CONVENED AT 7:00 P.M. IN THE LOBBY OF THE FARMERS BRANCH CITY HALL, 13000 WILLIAM DODSON PARKWAY, FARMERS BRANCH, TEXAS. The following members of the City Council were present: 1 Mayor Mayor Pro Tern Deputy Mayor Pro Tem Councilmembers Bob Phelps Calla Davis Charlie Bird Bill Moses Jim Robbs Paul Walden The following members of the City Administration were present: City Manager Richard Escalante Assistant City Manager Linda Groomer Assistant City Manager John Burke Assistant to the City Manager Margaret Somereve Assistant to the City Manager John Roach City Secretary Cindee Peters City Attorney John Boyle Director of Economic Development Norma Nichols Director of Public Works Mark Pavageaux Communications Director Tom Bryson Director of Community Services Michael Spicer Director of Parks & Recreation Jeff Fuller Library Director Mary Jane Stevenson City Engineer Jerry Murawski Director of Equipment Services Don Moore Police Chief Jim Fawcett Fire Chief Kyle King Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of February 18, 2002 to order at 7:00 p.m. The meeting was televised. Volume 88, page 46 A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Brother Eddy Ketchersid gave the invocation and Deputy Mayor Pro Tem Bird led the pledge of allegiance. A.4 JIM SHIRES OF THE FIRE DEPARTMENT - 20 YEAR SERVICE AWARD AND RETIREMENT RECOGNITION. Mayor Phelps presented a 20-year employee service award and a retirement plaque to Jim Shires of the Farmers Branch Fire Department. A.5 DONNIE DAVIS OF THE FIRE DEPARTMENT - 25 YEAR SERVICE AWARD AND RETIREMENT RECOGNITION. Mayor Phelps presented a 25-year employee service award and a retirement plaque to Donnie Davis of the Farmers Branch Fire Department. A.6 DOUG REDMON OF THE FIRE DEPARTMENT - 30 YEAR SERVICE AWARD AND RETIREMENT RECOGNITION. Mayor Phelps presented a 30-year employee service award and a retirement plaque to Doug Redmon of the Farmers Branch Fire Department. 1 A.7 JOHN WILSON OF THE FIRE DEPARTMENT - 30 YEAR RETIREMENT RECOGNITION. Mayor Phelps presented a retirement plaque to John Wilson of the Farmers Branch Fire Department. A.8 MARY HALE OF THE PURCHASING DIVISION - 30 YEAR RETIREMENT RECOGNITION. Mayor Phelps presented a retirement plaque to Mary Hale of the Purchasing Division. A.9 RECESS UNTIL 7:45 P.M., AT, WHICH TIME THE CITY COUNCIL WILL RECONVENE INTO REGULAR SESSION IN THE COUNCIL CHAMBERS. Mayor Phelps called for a recess and stated the Council would reconvene at 8:00 p.m. in the Council Chambers. L A.2 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.3 REPORT ON STUDY SESSION ITEMS. Volume 88, page 47 Mayor Phelps and City Councilmembers gave a brief summary of the items discussed in Study Session prior to the regular meeting. Mary Jane Stevenson, Library Director, gave a brief presentation on the TexShare Card Program. A.10 CITIZEN PARTICIPATION. John Oechsner, 3509 Brookline Lane, stated that "old" has a negative meaning and would like the City to change the name of "Old Farmers Branch." Dennis Redwine, 2624 Dixiana, read a statement concerning the Branch Crossing project. John Wells, 13521 Heartside, stated he would like to see the City enforce the State laws regarding handicapped signs. Mayor Phelps stated staff would contact the individuals that spoke. 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. A motion by Mayor Pro Tem Davis, seconded by Councilman Moses, all voting "aye," added Agenda Item D.3 to the Consent Agenda. A motion by Mayor Pro Tem Davis, seconded by Councilman Robbs, all voting "aye," approved the Consent Agenda as amended. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF FEBRUARY 4, 2002. B.2 ADOPTED RESOLUTION NO. 2002-022 ACCEPTING A GRANT OF DIRECT AID FROM THE STATE OF TEXAS TO THE MANSKE LIBRARY IN THE AMOUNT OF $11,259. B.3 ADOPTED RESOLUTION NO. 2002-030 ABANDONING UTILITY EASEMENTS WITHIN INTERNATIONAL PLACE I AND INTERNATIONAL PLACE II DEVELOPMENT. Volume 88, page 48 B.4 ADOPTED RESOLUTION NO. 2002-026 APPROVING AN ENGINEERING SERVICES AGREEMENT WITH HALFF ASSOCIATES, INC. FOR REPLACEMENT OF THE EXISTING SANITARY SEWER LIFT STATION AT VALWOOD PARKWAY AND I-35 WITH A GRAVITY FLOW SANITARY SEWER. B.5 ADOPTED RESOLUTION NO. 2002-025 AWARDING THE BID FOR CURB REPAIRS AT VARIOUS LOCATIONS TO RELIABLE PAVING, INC. B.6 ADOPTED ORDINANCE NO. 2656 PROHIBITING LEFT TURNS ON EASTBOUND PARKSIDE CENTER DRIVE AT MIDWAY ROAD, AMENDING THE CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, OPERATION OF VEHICLES, DIVISION 4, TURNING MOVEMENTS, SEC. 82-62, LEFT TURNS PROHIBITED. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROHIBITING LEFT TURNS ON EASTBOUND PARKSIDE CENTER DRIVE AT MIDWAY ROAD. B.7 AUTHORIZED THE CITY MANGER 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 2002 CALENDAR YEAR. D.3 ADOPTED RESOLUTION NO. 2002-027 AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT ELECTION CONTRACT WITH THE COUNTY OF DALLAS FOR THE MAY 4, 2002 CITY COUNCIL ELECTION. D.1 CONSIDER ADOPTING RESOLUTION NO. 2002-028 RENAMING A PORTION OF DON SHOWMAN PARK THE "BARNEY WOOD ATHLETIC COMPLEX" AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. At a special called meeting on Tuesday, January 8, 2002, the Parks and Recreation Board voted to change the name of the athletic complex at Don Showman Park to the "Barney Wood Athletic Complex". The athletic complex includes a baseball field and a football field. Former Mayor Dave Blair presented a petition to the Parks and Recreation Board to rename the athletic complex at Don Showman Park the "Barney Wood Athletic Complex" in honor of long- time Parks and Recreation Board Member/Chairman Volume 88, page 49 Barney Wood. Mr. Wood has long been a supporter of Parks and Recreation activities, especially youth sports. Mr. Wood has been on the Parks and Recreation Board since 1973 and served as Chairman of the Board the past 12 years. The Parks and Recreation Board recommend renaming the athletic complex at Don Showman Park the "Barney Wood Athletic Complex". This matter was discussed with the City Council at the February 4, 2002 Study Session. The Parks and Recreation Board and the Director of the Parks and Recreation Department recommend adopting Resolution No. 2002-028 renaming a portion of Don Showman Park the "Barney Wood Athletic Complex". There being no further discussion, a motion by Councilman Moses, seconded by Deputy Mayor Pro Tem Bird, all voting "aye," adopted Resolution No. 2002-028 renaming a portion of Don Showman Park the "Barney Wood Athletic Complex". D.2 CONSIDER STATUS REPORT ON ACTIVITIES OCCURRING AT HARDPOINTS ALONG FARMERS BRANCH CREEK, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. This item has been placed on the agenda to update the City Council and the residents on the activities occurring at six sanitary sewer crossings on Farmers Branch Creek. Jerry Murawski, City Engineer, gave a status report on the Farmers Branch Creek hardpoints. Richard Gombeski, 2650 Farmers Branch Lane, stated that Sewer Crossing No. 2 is right behind his property. He suggested that during the City's study on the creek that City engineers look at a dam that is upstream from his property that is in need of repairs. He also suggested that if this dam cannot be repaired then maybe another dam could be built. Mr. Murawski stated the dam is privately owned by more than one property owner. He stated the dam could use some improvements but it is a low risk dam according to the consulting engineer and also the representative from the Texas Natural Resource Conservation Commission who inspected it. He stated if the dam were to fail, according the reports submitted by the consulting engineer and the Texas Natural Resource Conservation Commission, it would not cause problems down stream. He stated he had a full report and would send a copy to Mr. Gombeski. Volume 88, page 50 Richard Escalante, City Manager, asked if the City were looking at building a dam in that vicinity, would the City need permission from the adjacent property owners. Mr. Murawski replied yes. After much discussion the City Council suggested the neighbors encourage the property owner at 2638 Farmers Branch Lane to sign the letter of permission to allow reconnaissance work to begin at Crossing No. 1 and Crossing No. 2. Councilman Walden asked how long the City could wait for a response. Mr. Escalante replied that the City is preceding on Crossing Nos. 5, 10, 11, and 12. In regards to Crossings No. 1 and 2, the City still needs to get permission from the resident at 2638 Farmers Branch Lane. Councilman Robbs asked if the property owner could be made responsible for paying costs related to sanitary sewer breaks at Crossing Nos. 1 and 2. Mr. Escalante responded that the short term stability of both crossings is good. Crossing No. 2 was recently repaired and Crossing No. 1 is in good shape as well. As for the long term stability of those crossings, the City can protect the sanitary sewer at those locations without requiring easements from the property owners. Mr. Robbs asked if the City proceeded with this project and there was additional cost to the engineers to work around the property could the property owner be held responsible for the additional cost. Mr.Murawski responded that there will be a point where it will cost more to go back and complete the engineering work on these two crossings because the engineers will not be able to do concurrent work. Councilman Robbs asked if the hardpoints could be fixed without the property owner's approval. Mr. Murawski stated the City could make repairs at sanitary sewer crossings 1 and 2 without the property owner's approval. He also stated the City probably could not construct hardpoints at Crossing 1 and 2 without the property owner's permission. Mr. Escalante stated that the engineering needs to be done first before any work can be done. Mr. Murawski stated that the preliminary engineering will give the City an idea of what the improvements will be. Councilman Robbs stated he would like to see the project move forward and if more funds were needed then the property owner could pay the difference. John Boyle, City Attorney, stated it is a complex issue on the question of assessments of contiguous property owners on both sanitary sewer and drainage. He did state that he will look at it. Mayor Phelps asked Mr. Boyle to bring it back to the next meeting. Mr. Boyle replied he would have the information for the next meeting. Volume 88, page 51 Deputy Mayor Pro Tem Bird stated the projects need to move forward within a time frame that Mr. Escalante feels is correct. He also suggested that the City poll all of the neighbors of the resident at 2638 Farmers Branch Lane to determine if the City should pursue legal means to get the project moving forward. Mayor Phelps replied that could take a long time if it went to court. Deputy Mayor Pro Tem Bird expressed his concern about one person holding up this project. Mr. Escalante stated the creek discussions have been about partnerships, if there are no partnerships in doing the surveys then it is likely not going to be a positive result. He stated he does not feel that this project needs to move forward through legal means. If the City cannot get complete cooperation from the resident at hardpoints 1 and 2 then the City could focus on the other hardpoints; he stated there is enough work to be done on the other hardpoints. He stated that changing this partnership relationship is something the Council needs to think about. Mr. Gombeski stated he likes Mr. Escalante's ideas about not using legal means and suggested perhaps the adjoining residents might be asked to get the holdout resident's cooperation. Councilman Robbs stated that delays in this project create additional expense and exposure to the City. He stated he feels the City should have recourse. Mayor Phelps stated he knows how frustrating this is to adjacent property owners and the Council. Mayor Phelps asked the City attorney to develop options and bring back to the next meeting of March 4, 2002. Councilman Moses stated he agreed with all that had been discussed in regards to the work on the hardpoints and is proud of the work that has been done by the City. Mayor Pro Tem Davis stated she was disappointed that there is a homeowner that is not cooperating to help resolve this issue. She feels badly for the adjoining homeowners who are still suffering from the erosion. She stated it is her hope that the other property owners in the area can visit with the holdout resident to get this project moving forward. Chuck Zubarik, 13219 Glad Acres Drive, suggested that the City survey the property owners living adjacent to the other hardpoints along the creek and where there is agreement work on those hardpoints. D.3 CONSENT. DA CONSIDER ADOPTING RESOLUTION NO. 2002-022 AWARDING THE BID FOR THE 2001-2002 SIDEWALK REPAIRS AND CONSTRUCTION AND TAKE APPROPRIATE ACTION. Volume 88, page 52 Mayor Phelps presented the following information. Requests for bids for the 2001-2002 sidewalk repairs and construction program were mailed to nine vendors. The bid request was prepared on an estimated number of repairs, with unit price bids. The contractor will only be paid for the work actually performed. Eight bids were received and opened on January 29, 2002 and all bids met specifications. The lowest bid meeting specifications was submitted by Reliable Paving Co. in the amount of $102,366. Total funds in the amount of $159,400.00 are included in the 2001-2002 Public Works operating budget for this program. The Director of Public Works recommends that the bid for the sidewalk repairs and construction at various locations be awarded to Reliable Paving Co. on a unit price basis, for a total not to exceed $102,366. There being no discussion, a motion by Councilman Walden, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 2002-032 awarding the bid for sidewalk repairs and construction at various locations to Reliable Paving Co. for a total not to exceed $102,366. D.5 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Mayor Phelps stated he attended the Dallas Regional Mobility Coalition meeting and was appointed to the Tollway Committee and was elected Chairman of the By-Laws Committee. He attended the TEX-21 meeting in Corpus Christi regarding TX-DOT'S proposal to delete frontage roads from construction. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. 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 5:04 P.M. AND CONCLUDED AT 5:20 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.2 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 and take appropriate action. Volume 88, page 53 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 announced that staff updated City Council and no action was necessary. F.2 ADJOURNMENT. A motion by Deputy Mayor Pro Tem Bird, a second by Councilman Moses, all voting "aye", adjourned the meeting of February 18, 2002 at 9:24 p.m. Mayor City Secretary Volume 88, page 54