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2002-05-07 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, May 7, 2002 7:30 p.m. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tem Calla Davis Deputy Mayor Pro Tem Charlie Bird Councilmembers Bill Moses Jim Robbs Paul Walden 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 Director of Public Works Communications Director Director of Community Services Director of Parks & Recreation Library Director Director of Equipment Services Police Chief Recording Secretary Richard Escalante Linda Groomer John Burke Cindee Peters John Roach John Boyle Mark Pavageaux Tom Bryson Michael Spicer Jeff Fuller Mary Jane Stevenson Don Moore Jim Fawcett Suzanne Reynolds Mayor Phelps called the City Council meeting of May 7, 2002 to order at 7:33 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Nikki and Meredith Walden presented the invocation and Councilmember Walden gave the pledge of allegiance to the flag. Volume 88, page 92 A.2 OATH OF OFFICE AND PRESENTATION OF CERTIFICATES OF ELECTION. Mayor Phelps administered the oath of office and the certificate of election to Paul Walden to serve the office of Councilmember, Place 2. Florence Shapiro, State Representative, administered the oath of office and the certificate of election to Bob Phelps to serve the office of Mayor. A.3 ELECT MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," appointed Councilman Bird to serve as Mayor Pro Tem. A motion by Mayor Pro Tem Charlie Bird, seconded by Councilwoman Davis, all voting "aye," appointed Councilman Walden to serve as Deputy Mayor Pro Tem. 1 A.4 PROCLAIM MAY 11, 2002 AS TEXAS GIRLS' CHOIR DAY IN THE CITY OF FARMERS BRANCH. Mayor Phelps presented a proclamation to choir members Stephanie Snook, Cameo Turner, Abby Satterfield, and Megan Beninson, and declared May 11, 2002 as "Texas Girls' Choir Day in the City of Farmers Branch." A.5 CONSIDER PROCLAIMING MAY AS OLDER AMERICANS' MONTH IN FARMERS BRANCH. Mayor Phelps read and presented a proclamation to Katie Roberts, Chair of the Senior Advisory Board, on proclaiming May as "Older Americans' Month in Farmers Branch." Ms. Roberts invited the Council to the Senior Citizen Volunteer Recognition Banquet at the Senior Center, on May 14, 2002, at noon. A motion by Mayor Pro Tem Bird, seconded by Councilwoman Davis, all voting "aye" proclaimed May as "Older Americans' Month in Farmers Branch". A.6 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a five-year employee service award to Ricardo Ruvalcaba of the Public Works Department. A.7 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a five-year employee service award to Stephen Quirk of the Public Works Department. Volume 88, page 93 A.8 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.9 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. A.10 CITIZEN PARTICIPATION. Kathleen Matsumura, 3938 Clubway Lane, stated she attended a daylong event "Imagining Dallas" Seminar sponsored by the Dallas Institute of Humanities and Cultural held at the City of Dallas. She stated she was impressed with the level of participation and would like to see Farmers Branch participate in the future. John Wells, 13521 Heartside Place, stated the City's delivery of the bulletin on recycling was an excellent idea. He suggested that the City supply the residents with plastic boxes for recycling materials. Nick Korba, 13210 Shahan Drive, stated on Templeton Trail between Rockmartin and Chaparral, there is a piece of property that has weeds and brush taking over the sidewalks. He stated children have to use the sidewalks in this poor condition. Mayor Phelps stated staff would look at this issue. 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 Bird, seconded by Deputy Mayor Pro Tem Walden, all voting "aye," approved the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF APRIL 15, 2002. B.2 ADOPTED RESOLUTION NO. 2002-045 AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT WITH RTKL ASSOCIATES, INC. FOR URBAN DESIGN Volume 88, page 94 SERVICES ASSOCIATED WITH THE OLD FARMERS BRANCH AREA MASTER PLAN UPDATE. B.3 ADOPTED RESOLUTION NO. 2002-051 APPROVING A TRANSPORTATION MANAGEMENT ASSOCIATION ANNUAL WORK PLAN WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS. B.4 ADOPTED RESOLUTION NO. 2002-044 APPROVING AN AGREEMENT WITH CARTER AND BURGESS, INC. FOR DESIGN OF LAKEWAY BOULEVARD MEDIAN ENHANCEMENTS. D.1 CONSIDER ADOPTING RESOLUTION NO. 2002-048 DESIGNATING DELOITTE & TOUCHE LLP AS THE CITY'S INDEPENDENT AUDITOR AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A LETTER AGREEMENT FOR AUDIT SERVICES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City Charter requires that the City Council designate an independent certified public accountant to perform an annual audit of the City. The City recently completed a second five-year audit services contract with the firm of Arthur Andersen LLP. The City Council determined that it was appropriate to rotate audit firms and appointed Mayor Bob Phelps, Councilmember James Robbs, and Councilmember Charlie Bird to an Auditor Selection Committee to review proposals, interview firms, and recommend an independent auditor. The Auditor Selection Committee interviewed and rated four audit firms. The firm receiving the highest score was Deloitte & Touche LLP. Resolution No. 2002-048 designating Deloitte & Touche LLP as independent auditor for a five- year period and authorizes the City Manager to enter into a letter agreement for audit services. The Auditor Selection Committee recommends Deloitte & Touche LLP as the City's independent auditor and recommends that the City Manager to enter into a letter agreement for audit services. Mayor Phelps stated the Auditor Selection Committee spent considerable time with each audit firm and Deloitte & Touche LLP scored the highest. There being no further discussion, a motion by Deputy Mayor Pro Tem Walden, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 2002- 048 designating Deloitte & Touche LLP as independent auditor for a five-year period and authorizing the City Manager to enter into a letter agreement for audit services. Volume 88, page 95 D.2 CONSIDER RESOLUTION NO. 2002-049 REGARDING THE CITY'S POSITION ON NAMING OF DART NORTHWEST CORRIDOR LINE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On March 26, 2002 the Carrollton City Council adopted a resolution recommending names for the three planned DART stations in Carrollton. The resolution recommended that the end- of-the-line station near Frankford Road be named "North Carrollton." The name was chosen because of the customary practice of transit agencies to identify trains by using the name of the end-of-the-line station. DART has named most of its stations for streets to assist passengers in navigating the system. Other stations are named for specific, well-known destinations. DART has avoided naming stations for broad geographic areas like North Carrollton. DART's Station Naming Policy requires that station names include the name of a street or a well-known destination. The Farmers Branch City Council has expressed its concern that DART should not deviate from this policy in naming the end-of-the-line station on the Northwest Corridor line. DART staff has indicated that no discussions have been scheduled to enable member cities to discuss station names. Mayor Phelps has recommended in a letter to DART that the member cities, especially those along the Northwest Corridor line, be consulted before the end-of-the-line station name is finalized. Mayor Phelps also recommended that the line should be identified in DART correspondence and notices in a neutral manner that does not risk alienating Farmers Branch taxpayers that have contributed so much for so long to DART. The Farmers Branch City Council discussed this issue at the Study Session meeting on April 15, 2002. The City Council directed staff to prepare a resolution for consideration at this City Council meeting. City staff recommends the adoption of Resolution No. 2002-049 regarding the City's position on the naming of the DART Northwest Corridor Line. Mayor Phelps stated that DART is aware of the City's concerns. He also stated discussions on this topic will continue. Richard Escalante, City Manager, stated there was a revision to Resolution No. 2002-049, Section 2, which reads "The end-of-the-line station name should reflect current DART policy, and the name of the route itself the regional, multi- jurisdictional nature of DART and this rail transit project." There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted the revised Resolution No. 2002- 049, regarding the City's position on naming the DART Northwest Corridor Line. Volume 88, page 96 D.3 CONSIDER ADOPTING ORDINANCE NO. 2665 PROHIBITING SKATEBOARDING AND ROLLERBLADING ON CERTAIN CITY PROPERTIES, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. To mitigate a problem with people causing significant damage to City property while using it for skateboarding and rollerblading, staff proposes Ordinance No. 2665 be adopted. All over Texas and the United States cities are being exposed to problems caused by people damaging public property with the inappropriate use of skateboards and rollerblades. In March the City paid $2,600 to repair damage behind City Hall to railings and ramps. There is also evidence that the granite benches in front of City Hall are being misused as ramps. Such problems are also occurring at the Senior Center, the Recreation Center, and the Library. According to the proposed ordinance, the Director of Parks and Recreation would recommend to the City Manager locations that would have signs posted for the protection of selected city- owned or operated facilities. For locations where it is deemed necessary, signs will be posted prohibiting such activities. Initially, signs would be posted in the City Hall Plaza, in front of City Hall near the "Walk of Honor", and near the stage east of City Hall. Signs would also be posted near the front of the Recreation Center, the parking lots near the Library, and near the front of the Senior Center main entrance. Additional signs could also be posted based on real or likely damage to City property as needed. Skateboarding and rollerblading is part of a national movement and use of City property for this purpose is expected to continue if regulations are not adopted. Other cities in the area such as Lewisville and Grapevine have adopted similar ordinances. The Director of Parks and Recreation and the Chief of Police recommend adopting Ordinance No. 2665 prohibiting skateboarding and rollerblading on certain city properties. John Wells, 13521 Heartside Place, stated he would like to see this ordinance have an extension to include the City's walking and jogging tracks. He feels it is very dangerous for the walkers and joggers on the tracks when people are rollerblading or using motorized skateboards. Deputy Mayor Pro Tem. Walden asked if the City has the ability under the proposed Ordinance for the Parks and Recreation Director to designate any area that is a problem. Mr. Escalante replied that was correct and applies to property owned or operated by the City. Deputy Mayor Pro Tern Walden asked if there was a problem in any particular area and asked that the Parks and Recreation Director investigate and see if skateboarding should be prohibited in the area Mr. Wells referenced. Volume 88, page 97 Mr. Escalante stated there was a revision on Ordinance No. 2665 that was distributed at the Study Session. There being no further discussion, a motion by Deputy Mayor Pro Tem Walden, seconded by Mayor Pro Tern Bird, all voting, "aye," adopted the following revised caption for Ordinance No. 2665, prohibiting skateboarding and rollerblading on certain City properties. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 50, PARKS AND RECREATION, ARTICLE II, CREATING THE NEW SECTION 50-40 PROHIBITING USE OF SKATEBOARDS, ROLLER SKATES, IN-LINE SKATES, AND SIMILAR DEVICES IN CITY OWNED/OPERATED AREAS; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. DA CONSIDER ADOPTING RESOLUTION NO. 2002-050 AWARDING THE BID FOR THE ANNUAL CONTRACT FOR OFFICE SUPPLIES, PRINTER TONER AND COPIER PAPER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Bid requests for the purchase of office supplies, printer toner and copier paper were sent to five vendors and two bids were received both of which met specifications. The items in this bid are based on estimated quantities of items frequently utilized by the various City departments and items issued from the City office supply storeroom by the Purchasing Office. Each department annually budgets for office supplies; printer toner and copier paper for their department, with frequently used items obtained from the storeroom and other items obtained directly through discounted catalog purchases. Vendors also bid a catalog discount for purchases not stocked in the storeroom. Contract pricing includes next day delivery to all City departments. The office supply and equipment account budgets for all departments include $534,300 in funding for traditional office supplies as well as for small equipment, such as computers. The term of this contract is for an initial period of twelve months with the options to renew for up to two additional one-year periods, if mutually agreed upon. Staff recommends adoption of Resolution No. 2002-050 awarding the bid to the low bidder, Staples Business Advantage, in the amount of $ 71,940.08, with a 64% discount on catalog purchases made by the departments. Volume 88, page 98 There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 2002-050 awarding the bid for office supplies, printer toner and copier paper. D.5 CONSIDER APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD, COMMUNITY WATCH COMMITTEE, AND THE SCHOOL-COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE ACTION. Mayor Phelps stated this item would be on the next agenda. D.6 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Deputy Mayor Pro Tem Walden stated he attended the BioMed Academy at the R. L. Turner Graduation Reception. Mayor Phelps stated on April 18 and 19, 2002 he attended the TEX-21 Meeting in Midland, Texas. On April 22, 2002, several of the people at City Hall hosted a Russian Folk Show Group. On April 23, 2002, he and others from the City attended the reception at Wilcox Development. On April 25, 2002, he attended the Council of Government Board Meeting, and in the evening he attended the Brookhaven College Ribbon Cutting for the new Arts Center. On April 30, 2002, he attended the Senior Breakfast at R. L. Turner. On May 1, 2002 he attended the Senior Breakfast at Creekview High School. On May 2, 2002, he and Mr. Escalante attended the Metroplex Mayors Meeting. On May 3, 2002, he attended the Dallas Regional Mobility Coalition meeting. D.7 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 5:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:30 P.M. AND THEN CONCLUDED AT 6:52 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. Volume 88, page 99 Discuss litigation relative to Fincher vs. The City of Farmers Branch 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 the City Council on pending litigation and no action was necessary. F.2 Adjournment. A motion by Mayor Pro Tem Bird, a second by Deputy Mayor Pro Tem Walden, all votin 44 urned the City Council meeting of May 7, 2002 at 8:35 p.m. Mayor City Secretary Volume 88, page 100