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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. Volume 87, page 76 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. Volume 87, page 77 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. Volume 87, page 78 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) Volume 87, page 79 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 Volume 87, page 80 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. Volume 87, page 81 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 Volume 87, page 82 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. Volume 87, page 83 Mayor City Secretary Volume 87, page 84