2001-10-15 CC MinutesCity of Farmers Branch
City Council Regular Meeting Agenda
City Hall Plaza
13000 William Dodson Parkway
Farmers Branch, Texas
Monday, October 15, 2001
7:30 p.m.
The following members of the City Council were present:
Mayor
Mayor Pro Tem
Deputy Mayor Pro Tem
Councilmembers
Bob Phelps
Calla Davis
Charlie Bird
Jim Robbs
Paul Walden
Bill Moses
The following members of the City Administration were present:
City Manager
Assistant City Manager
Assistant City Manager
Assistant to the City Manager
Assistant to the City Manager
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
Linda Groomer
Margaret Somereve
John Roach
Matthew 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 October 15, 2001, to order at
7:36 p.m. The meeting was televised.
A.I INVOCATION AND PLEDGE OF ALLEGIANCE.
Mayor Phelps gave the invocation and led the pledge of allegiance to the flag.
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A.2 CONSIDER ACCEPTING A $300 DONATION FROM THE FARMERS
BRANCH WAL-MART TO THE SENIOR CENTER AND TAKE
APPROPRIATE ACTION.
Mayor Phelps presented the following information. The Farmers Branch Wal-
Mart donated $300 to the Farmers Branch Senior Center to be used for programs
at the Senior Center. This is the second time Wal-Mart has supported the City's
Senior and Recreation programs this year. In the spring, the Farmers Branch
Wal-Mart provided a $500 grant to support the City's KIDFISH event. The staff
of the Parks and Recreation Department appreciates the continued cooperation of
Wal-Mart in supporting local programs.
A motion by Councilman Moses, seconded by Councilman Bird, all voting "aye,"
accepted the $300 donation from the Farmers Branch Wal-Mart to be used at the
Senior Center, with appropriate thank you letter.
MAYOR'S ANNOUNCEMENT
Mayor Phelps made a statement regarding the City's agenda. He stated the City
does not want to limit citizen's right to speak. The City however does want to
maintain control and order and if rules have to be put in place then they must to
apply to everyone. He stated after tonight's meeting citizens will no longer be
required to sign up for Citizen's Participation.
Richard Escalante, City Manager, stated the agenda is on the Internet for residents
to review. He stated residents are welcome to use the computer in the lobby of
City Hall to read the agenda. He also stated there would be hard copies of the
agenda at the Library and the Police Station beginning Saturday morning before
the Council meeting.
A.3 PRESENTATION OF SERVICE AWARD.
Mayor Phelps presented a five-year employee service award to Naomi Smart of
the Public Works Department.
A.4 PRESENTATION OF SERVICE AWARD.
Mayor Phelps presented a twenty-year employee service award to Pat Hannon of
the Police Department.
A.5 PRESENTATION OF SERVICE AWARD.
Mayor Phelps presented a twenty-year employee service award to Ronnie Inman
of the Fire Department.
A.6 PRESENTATION OF SERVICE AWARD.
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Mayor Phelps presented a twenty-year employee service award to Audie Pope of
the Fire Department.
A.7 PRESENTATION OF SERVICE AWARD
Mayor Phelps presented a twenty-five year employee service award to Sam
Papaneri of the Public Works Department.
A.8 PRESENTATION OF BOARD APPLICATIONS.
There were no applications presented.
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.
Richard Escalante, City Manager, gave a brief summary of the budget
contingency plan. He stated Council has asked that this presentation be broadcast
in its entirety at a later date for the residents.
Beth Crockett, 2702 Mount View, commended City Manager Richard Escalante
and Finance Director Charles Cox for the summary of the budget contingency
plan. Ms. Crockett also stated she was disappointed that the Study Session
meeting was broken up in order for the City Council to eat dinner.
B.O. 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 Bird, all voting
"aye," added DA to the Consent Agenda.
A motion by Mayor Pro Tem Davis, seconded by Councilman Robbs, all voting
"aye," accepted the Consent Agenda as amended.
B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF OCTOBER
1, 2001.
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B.2 ADOPTED RESOLUTION NO. 2001-106 APPROVING A MASTER
AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENTS WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION.
B.3 APPROVED THE REQUEST OF DFW FREEPORT/ROYAL TRADE
CENTER J.V. FOR FINAL PLAT OF VALWOOD SERVICE CENTER
SECOND ADDITION.
B.4 ADOPTED RESOLUTION NO. 2001-112 SUPPORTING THE
PASSAGE OF PROPOSITION NO. 15 ON THE NOVEMBER 6, 2001
CONSTITUTIONAL AMENDMENT ELECTION.
DA ADOPTED RESOLUTION NO. 2001-111 OPPOSING PROPOSED
CHANGES IN TEXAS DEPARTMENT OF TRANSPORTATION
POLICY ON FRONTAGE ROADS.
D.1 CONSIDER ADOPTING RESOLUTION NO. 2001-091 APPROVING A
PROPOSAL FROM INSITUFORM TECHNOLOGIES, INC. FOR A SEWER
REPAIR AT FARMERS BRANCH CREEK CROSSING NO.2 AT 2650
FARMERS BRANCH LANE TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. City Council was informed at
the August 20, 2001 Study Session Meeting about the status of the repairs of
Farmers Branch Creek Sanitary Sewer Crossing No. 2 located at 2650 Farmers
Branch Lane. The leaking sewer line was repaired with hydraulic cement and
normal concrete, but to increase the dependability of this line additional work
needs to be done. The various options were discussed at the Study Session and
Council was also informed that the property owners directly affected by the
construction were agreeable to granting construction easements for this project.
City Staff has met with Bill Wallace of Nathan D. Maier Consulting Engineers,
Inc. to discuss the various repair options and their effect on the hard point erosion
protection options. It was recommended that the City proceed with the
installation of the Insituform liner.
Insituform epoxy coated liner was selected from all the other options because of
the limited site access of the project location, the minimal disruption to adjacent
property and the quick installation time. The Insituform process is the only liner
product that can be installed upstream thereby minimizing the damage to plant life
around the receiving manhole. By pass pumping will be required during the one-
day installation time.
The City Staff received a proposal from Insituform Technologies, Inc. for this
liner project. The proposal includes installation of 190 linear feet of 24-inch
diameter liner, cleaning and television inspection (before and after installation)
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and by pass pumping during construction. The proposal price does not include
point repairs if excessive concrete buildup is found inside the existing pipe. This
can only be determined during initial inspection and cleaning. The total price for
this permanent liner installation project is $29,830.00 and funds are available in
the Capital Improvement Non- Bond Utility Fund Budget.
City Staff recommends approval of Resolution No. 2001-091 awarding the
proposal to Insituform Technologies, Inc. for a permanent sanitary sewer repair at
Farmers Branch Creek Crossing No. 2.
There being no discussion, a motion by Councilman Robbs, seconded by
Councilman Walden all voting "aye," adopted Resolution No. 2001-091 awarding
the proposal to Insituform Technologies, Inc. for a permanent sanitary sewer
repair at Farmers Branch Creek Crossing No. 2.
D.2 CONSIDER ADOPTING RESOLUTION NO. 2001-109 AWARDING THE BID
FOR THE KERR PARK RENOVATIONS TO MILLER SIERRA
CONTRACTORS, INC. AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the following information. Kerr Park is located on Kerr
Trail, south of Valley View Lane. Kerr Park Renovations are funded in the 2001-
2002 Non Bond Capital Improvement Program. The renovations to Kerr Park
include a new single tennis court with fencing and lighting, half-court basketball
court, pathways through the park, landscape areas along the pathway, a new
irrigation system, and a cedar arbor sitting area. There is $ 139,850 available to
complete these renovations.
Seven bids were received and opened on September 18, 2001. Six bids met
specifications. One bid was incomplete and therefore did not meet specifications.
The low bid meeting specifications was received from Miller Sierra Contractors,
Inc. in the amount of $137,600. The construction time is specified at 90 calendar
days. Miller Sierra Contractors, Inc. has submitted adequate qualifications and
references for similar work.
The City Engineer and the Director of Parks and Recreation recommend adopting
Resolution 2001-109 awarding the bid for Kerr Park Renovations to Miller Sierra
Contractors, Inc. in the amount of $137,600.
There being no discussion, a motion by Councilman Moses, seconded by
Councilman Bird, all voting "aye," adopted Resolution No. 2001-109 awarding
the bid for Kerr Park Renovations to Miller Sierra Contractors, Inc. in the amount
of $137,600.
D.3 CONSIDER ADOPTING ORDINANCE NO. 2617 RELATING TO THE
CONTINUATION OF COLLECTION OF ELECTRICAL FRANCHISE FEES
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UNDER THE NEW STATE DEREGULATION REGULATIONS AND TAKE
APPROPRIATE ACTION.
Jeanne Hooker, Manager with TU Electric, asked the Council to
table this item until the November 5, 2001 City Council meeting.
There being no further discussion, a motion by Councilman
Walden, seconded by Councilman Robbs, all voting "aye," tabled
this item until the November 5, 2001 City Council meeting.
DA CONSENT.
D.5 CONSIDER ADOPTING RESOLUTION NO. 2001-108 AWARDING THE BID
FOR CONCRETE PAVEMENT REPAIRS AT VARIOUS LOCATIONS TO
JIM BOWMAN CONSTRUCTION COMPANY, INC. AND TAKE
APPROPRIATE ACTION.
Mayor Phelps presented the following information. The Street Resurfacing
Program is budgeted in the Non-bond Capital Improvement Fund with funds
available in the amount of $1,737,073. Sixteen streets comprising eleven lane-
miles of streets will be resurfaced. As part of the annual resurfacing program,
repairs to concrete pavement are required prior to the streets being resurfaced.
There are sufficient funds available for the concrete pavement repairs.
Nine contractors purchased requests for bids. Five bids were returned and opened
on September 20, 2001. All bids met specifications. Jim Bowman Construction
Company, Inc. submitted the low bid in the amount of $328,780. Jim Bowman
Construction Company, Inc. has submitted adequate references and qualifications
on similar projects. The project balance will be used for resurfacing with hot mix
asphalt, roto-milling, replacement pavement markings and traffic loop detectors,
and installation of manhole and valve risers.
The City Engineer recommends the adoption of Resolution No. 2001-108
awarding the bid for concrete pavement repairs at various locations to Jim
Bowman Construction Company, Inc. an amount of $328,780.
There being no discussion, a motion by Councilman Bird, seconded by Mayor Pro
Tem Davis, all voting "aye," adopted Resolution No. 2001-108 awarding the bid
for concrete pavement repairs at various locations to Jim Bowman Construction
Company, Inc. in the amount of $328,780.
D.6 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY
RELATIONS COMMITTEE AND THE COMMUNITY WATCH COMMITTEE
AND TAKE APPROPRIATE ACTION.
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Mayor Phelps presented the following information. The Community Watch
Committee has one vacant position from a member who has resigned.
A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye,"
appointed Tommy Counts to the Community Watch Committee. Councilman
Bird also asked that a copy of the letter be sent to Ruth Lee.
D.7 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION
REPORTS.
Councilman Moses gave a report on the Senior Advisory Board and asked that a
thank you letter be sent to Buford Watson for collecting the $1,436 at the Senior
Center Dance on Monday night for the Salvation Army Victim's Relief Fund.
Mayor Phelps stated he attended the following for the month of October:
Metroplex Mayors Breakfast, Red Ribbon Breakfast, Chamber Board Luncheon,
and a patriotic laser show.
D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE
APPROPRIATE ACTION.
There were no travel reports or requests.
D.9 CITIZEN PARTICIPATION.
Beth Crockett, 2702 Mount View, stated she was disappointed to see so few
people at the Council meeting and wished more people would participate in the
democratic process.
Ms. Crockett stated she is also concerned about the disparaging remarks made
about some of the citizens in the community.
Ben Robinson, 13824 Wooded Creek Court, stated his opinion on recent
comments by certain citizens in regard to how the City is managed. He gave the
City Council his vote of confidence and appreciation for how the City Council has
managed the City.
Mayor Phelps commented that at each City Council meeting the Council asks for
volunteers to fill vacant positions on numerous Boards and Commissions.
David Martinez, 12934 Epps Field, offered his appreciation to the City Council
for the job that they are doing for the City and the residents of Farmers Branch.
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 6:54 P.M. AND CONCLUDED
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AT 7:30 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.
EXECUTIVE SESSION
E.1 DISCUSS PENDING AND CONTEMPLATED LITIGATION -TEXAS
GOVERNMENT CODE SECTION 551.071.
Discuss potential litigation with Rebcon Construction Company and Henderson
Construction Company relative to the widening of Midway Road and the Central
Water Line projects and take appropriate action.
Mayor Phelps stated staff was present to discuss this item with the City Council.
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.
J
Mayor Phelps stated staff was present to discuss this item with the City Council.
E.3 DISCUSS SECURITY ISSUES CONCERNING CITY FACILITIES IN
RELATIONSHIP TO RECENT NATIONAL EVENTS AND TAKE
APPROPRIATE ACTION. TEXAS GOVERNMENT CODE - 551.076.
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 stated there was no necessary action for Executive Session.
John Oechsner, 3509 Brookline, asked several questions regarding the
Southwestern Bell Building.
Richard Escalante, City Manager, stated John Burke, Assistant City Manager, and
Norma Nichols, Director of Economic Development, would meet with him to
answer his questions after the meeting.
F.2 ADJOURNMENT.
A motion by Councilman Moses, seconded by Councilman Walden, all voting
"aye," adjourned the City Council meeting of October 15, 2001 at 9:00 p.m.
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Mayor
City Secretary
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