2009-12-15 CC Minutes
City of Farmers Branch
City Council Meeting Minutes
City Council Chambers
13000 William Dodson Parkway
Farmers Branch, Texas
Tuesday, December 15, 2009
Regular Meeting
6:00 P.M.
City Council Chambers
The following members of the Council were present:
Mayor Tim O'Hare
Mayor Pro Tem David Koch
Deputy Mayor Pro Tern Tim Scott
Council members Harold Froehlich
Ben Robinson
Michelle Holmes
The following members of the Administration were present:
City Manager Gary Greer
Assistant City Manager Matt Benoit
Assistant City Manager Shanna Sims-Bradish
City Secretary Cindee Peters
City Attorney Pete Smith
Finance Director Charles Cox
Director of Parks and Rec. Jeff Fuller
City Engineer Jerry Murawski
Director of Community Services Michael Spicer
Director of Public Works Mark Pavageaux
Director of Communications Tom Bryson
Human Resources Director Kathy Shields
Fire Chief Kyle King
Director of Equipment Services Kevin Muenchow
Management Assistant Traci Leach
Planning Director Andy Gillies
B.1 INVOCATION AND PLEDGE OF ALLEGIANCE.
Mayor O'Hare gave the invocation and Ms. Ciera Wynn led the pledge of allegiance.
B.2 RECOGNITION OF YARD OF THE MONTH RECIPIENTS FOR EXEMPLARY
EFFORTS IN MAINTAINING THEIR YARDS AND FOR ADDING
BEAUTIFICATION TO THE CITY. DECEMBER AWARD WINNERS ARE BEING
RECOGNIZED FOR EXCELLENCE IN HOLIDAY LIGHTING.
Volume 103, page 29
Mayor O'Hare explained one of the Goals of the City Council is to improve the
appearance of the City of Farmers Branch by encouraging neighborhood beautification.
The Yard of the Month program, begun on August 1, 2007, was put into place to achieve
this goal, and to recognize homeowners who added beauty to their neighborhood with the
landscaping and upkeep of their yard. The City was divided into quadrants, therefore
awarding four yards each month. The panel of judges comprised of various City staff,
City officials and horticulture specialists changes each month.
The December award winners were James Marcom - 12235 Brisbane, Billie Jeane
Ferguson - 13229 Glad Acres Drive, Sterling Neblett - 12235 Treeview, and Doug &
Raynette Randall - 3109 Spur Trail.
B.3 CONSIDER BOARD AND COMMISSION APPOINTMENTS AND TAKE
APPROPRIATE ACTION.
This item gives applicants an opportunity to present board applications to the City
Council and the City Council to make appointments to vacancies on boards and
commissions.
The Council made no reappointments.
B.4 REPORT ON STUDY SESSION ITEMS.
Members of the City Council gave a brief explanation of items discussed in study
session.
B.5 REPORT ON ITEMS OF COMMUNITY INTEREST. PURSUANT TO SECTION
551.0415 OF THE TEXAS GOVERNMENT CODE THE CITY COUNCIL MAY
REPORT ON THE FOLLOWING ITEMS: 1.) EXPRESSION OF THANKS,
CONGRATULATIONS OR CONDOLENCES, 2.) INFORMATION ABOUT
HOLIDAY SCHEDULES, 3.) RECOGNITION OF INDIVIDUALS, 4.) REMINDERS
ABOUT UPCOMING CITY EVENTS, 5.) INFORMATION ABOUT COMMUNITY
EVENTS AND 6.) ANNOUNCEMENTS INVOLVING AN IMMINENT THREAT TO
PUBLIC HEALTH AND SAFETY.
Mayor O'Hare reminded citizens to take the tour of lights. Mayor O'Hare also thanked
several police officers who tried to rescue a victim of a house fire on Spur Trail.
Mayor O'Hare stated consent items are items that are to be considered 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 consent items is to speed up discussion for those items that
need more time for discussion.
A motion by Mayor Pro Tern Koch, a second by Councilman Froehlich, all voting "aye",
approved the consent agenda as submitted.
Volume 103, page 30
C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF DECEMBER 1,
2009.
C.2 ADOPTED RESOLUTION NO. 2009-097 AWARDING BIDS FOR
CHEMICALS AND FERTILIZERS FOR THE PARKS AND RECREATION
DEPARTMENT IN THE AMOUNT NOT TO EXCEED $96,000.
C.3 ADOPTED RESOLUTION NO. 2009-099 AUTHORIZING THE PURCHASE
OF OFFICE SUPPLIES UTILIZING THE TARRANT COUNTY
COOPERATIVE PURCHASING PROGRAM CONTRACTOR.
E.1 CONSIDER REQUEST OF BRENDA BRODRICK TO DISCUSS RECENT
ORDINANCE NO. 3054 PASSED BY COUNCIL ON NOVEMBER 3, 2009 AND
DISCUSS PETITION DRIVE.
Ms. Brenda Brodrick explained how much fun it was to meet all the citizens who signed
the petition, how exciting it was to assemble a team to help circulate the petition, and
asked the Council to consider sending Ordinance No. 3054 to the voters without the
amount of valid signatures required by the Charter.
The following people spoke in opposition of Ordinance No. 3054:
Dave Cozart - 2545 Farmers Branch Lane
Pauline Webb - 3034 Eric Lane
Irene Wright - 2908 Lavita
George Brodrick -13531 Rawhide Parkway
Mary Rogers - 3470 Janlyn
Judy Byrd - 2980 Eric
Kristi Wilson - 3318 Highland Meadow
Reggie Mayo - 3034 Phyllis
Fred Johnson - 2657 Farmers Branch Lane
Ronnie Lewis - 3213 Executive Circle
Virginia Hunt Royal - 13303 Shahan
Brenda Morin - 3047 Eric
Ernestine Wise - 13677 Rawhide Parkway
Sabeeha Kazmi - 2971 Candlewick
Nancy Snyder -13410 Glenside Drive
The following people spoke in favor of Ordinance No. 3054:
Rick Johnson - 2930 Harlee Drive
Becky Fisher -13935 Stardust (did not specify for or against)
Jeff Harting, Assistant Director of Parks and Recreation, read the ordinance and exhibit
for the audience.
Volume 103, page 31
There followed a lengthy discussion among the Council concerning this item. No action
was taken.
E.2 CONSIDER ADOPTING ORDINANCE NO. 3070 AMENDING CHAPTER 66 OF
THE CODE OF ORDINANCES REGULATING THE COLLECTION OF SOLID
WASTE AND TAKE APPROPRIATE ACTION.
Charles Cox, Director of Finance, explained the City of Farmers Branch currently
requires an annual permit for the use of public streets, highways, and thoroughfares of the
City for the purpose of engaging in the business of collection of commercial or industrial
garbage. The annual permit expires on October 1 st of each year. The annual fee for the
collection permit is ten percent (10%) of gross receipts on all revenues and income
derived from commercial or industrial garbage collection. Nine vendors currently have
this permit. Anticipated revenues from this permit are budgeted at $300,000 in the current
fiscal year. Ordinance No. 3070 would provide for one exclusive contractor to provide
commercial or industrial garbage collection in Farmers Branch. Recycling services would
not be impacted by this ordinance. The following agenda item, Resolution No. 2009-096,
provides for a contract award to Allied Waste Systems as the exclusive contractor.
For several months, the City has been involved in the ongoing process of researching the
prospect of instituting a standard commercial refuse collection contract for businesses in
the City. This effort included conducting a survey of local businesses which revealed that
some businesses were dissatisfied by or concerned about rapidly increasing costs from
their commercial hauler. This summer, the City undertook the competitive process of
issuing a Request for Proposals in order to control costs for businesses, implement a level
of uniform quality control, provide resources to the City, reduce wear and tear on streets
by multiple handlers, and reduce truck pollution emissions. City Administration has
evaluated these proposals and believes that the business community as a whole, along
with the City, is benefitted by this ordinance.
Ordinance No. 3070 provides that businesses with commercial solid waste collection
contracts in effect prior to December 15, 2009, with a term extending beyond that date,
can continue under those existing contract terms with the existing handler if a copy of the
contract is provided to the City by March 1, 2010. All existing contracts must expire on
or before September 30, 2010 - the same date annual permits for all non-exclusive
contractors expire.
This agenda item meets City Core Value No. 7 to provide efficient and fiscally sound
government through conservative budgeting, spending and resource management.
Councilman Robinson would like staff to get a larger sampling of the top twenty-five or
top fifty companies and compare their rates to the proposed solid waste collection rates
that will be charged.
After a brief discussion, a motion by Councilman Robinson, a second by Councilman
Froehlich, all voting "aye", tabled this item until the second meeting in January.
Volume 103, page 32
The following people spoke in opposition of this item:
David Randall - 4000 Parkside
Greg Roemer - 2010 California Crossings
Kathy Carlton - 226 Phoenix Drive
Michael Luther - 3126 Berrymeade
Dave Cozart - 2545 Farmers Branch Lane (did not indicate for or against)
E.3 CONSIDER ADOPTING RESOLUTION NO. 2009-096 AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH ALLIED WASTE
SYSTEMS FOR THE EXCLUSIVE COLLECTION OF COMMERCIAL SOLID
WASTE, AND TAKE APPROPRIATE ACTION.
Charles Cox, Director of Finance, explained Ordinance No. 3070, discussed in the
preceding agenda item, provides for one exclusive contractor to provide commercial or
industrial solid waste collection in Farmers Branch. Resolution 2009-096 authorizes the
City Manager to enter into such an exclusive agreement with Allied Waste Systems
beginning March 1, 2010.
A motion by Councilman Robinson, a second by Councilman Scott, all voting "aye",
tabled this item until the second meeting in January.
EA CONSIDER ADOPTING RESOLUTION NO.2009-100 AWARDING THE BID FOR
THE REPLACEMENT OF SANITARY SEWER MAINS AT TEN LOCATIONS TO
PM CONSTRUCTION AND REHAB, LP IN THE AMOUNT OF $660,875.30 AND
TAKE APPROPRIATE ACTION.
Jerry Murawski, City Engineer, stated the Capital Improvement Program Non-Bond
Utility Fund has $1,448,866 budgeted to replace the sanitary sewer mains at ten locations.
The sanitary sewer mains are over 50 years old and experience occasional backups that
require cleaning and maintenance. The sanitary sewer lines to be replaced are in
easements at the following locations:
• Between Stardust Ln. and Birchlawn Dr. from Longmeade Dr. to Valwood Pkwy.
• Between Heartside Pl. and Janwood Ln. from Josey Ln. to Longmeade Dr.
• Between Joanna Dr. and Mark Twain Dr. from Heartside Pl. to Old North Rd.
• South of 3036 and 3042 Windmill Ln.
• Between Queens Chapel Rd. and Joanna Dr. from Old North Rd. to easement
north of Windmill Ln.
• North of Windmill Ln., east of Cochise Ln.
• Between Birchlawn Dr. and Pyramid Dr. from Josey Ln. to Richland Ave.
• Between Pyramid Dr. and Heartside Pl. from Josey Ln. to Longmeade Dr.
• Between Heartside Pl. and Janwood Ln. from Longmeade Dr. to Amber Ln.
• Between Glenside Dr. and Winterhaven Dr. from Longmeade Dr. to Webb Chapel
Rd.
Volume 103, page 33
On December 1, 2009, five bids were received and opened for the sanitary sewer main
replacement project. The low bid was received from PM Construction & Rehab, LP in
the amount of $660,875.30. PM Construction & Rehab, LP has met all specifications and
has provided adequate references for work on similar projects. The construction time is
150 calendar days.
The balance of the funds will be spent on replacing or rehabilitating other sanitary sewer
mains and water lines that are deteriorated and require frequent repair.
This item furthers Core Value No. 5, "Provide functional, sustainable, and well-
maintained infrastructure, facilities and equipment."
A motion by Councilman Robinson, a second by Mayor Pro Tem Koch, all voting "aye",
approved Resolution No. 2009-100 awarding the bid for the sanitary sewer main
replacement project to PM Construction & Rehab, LP.
E.5 CONSIDER ADOPTING RESOLUTION NO. 2009-101 AWARDING THE BASE BID
AND ALTERNATE 1 FOR THE COLINAS CROSSING TRAIL TO DIRTCO, L.P. IN
THE AMOUNT OF $237,938.75 AND TAKE APPROPRIATE ACTION.
Jerry Murawski, City Engineer, explained the City has agreements with Colinas Crossing
Corporation and Dallas County for construction of a public trail on Colinas Crossing
Corporation property along the east bank of the Elm Fork of the Trinity River between
Luna Road and Royal Lane. The agreements provide for Colinas Crossing Corporation
and Dallas County to each fund half of the trail cost and for the City to bid the project,
administer the construction contract, and inspect the work. The trail will be constructed
within a trail easement that has been donated to the public by Colinas Crossing
Corporation. On November 19, 2009, fourteen bids were received and opened. The low
base bid was submitted from Dirtco, L.P. in the amount of $209,480. The time of
completion for this work is 90 calendar days. Dirtco, L.P. has satisfactory references and
has satisfactorily completed similar projects for other cities.
The bid included Alternate 1 for construction of a sidewalk along the north side of Royal
Lane to connect the aforementioned Colinas Crossing trail to the Royal Lane bridge over
the river, and eventually to the Campion Trail in the City of Irving. The Alternate 1 bid
price from Dirtco, L.P. is $28,458.75. Colinas Crossing Corporation is not willing to
participate in funding the sidewalk because the sidewalk is not along or adjacent to its
property. Dallas County has agreed to fund half of the sidewalk cost if the City will fund
half of the cost. Funds are available for the City to fund the other half of the sidewalk
cost.
This item furthers Core Value #4, "Providing beautifully maintained natural
environments, parks, rights-of-way, and green space and a wide variety of quality
recreational and entertainment opportunities for all ages."
Volume 103, page 34
A motion by Mayor Pro Tern Koch, a second by Councilman Scott, all voting "aye",
approved Resolution No. 2009-101 awarding the base bid and Alternate I for the Colinas
Crossing Trails to Dirtco, L.P. in the amount of $237,938.75.
MAYOR O'HARE ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE
EXECUTIVE SESSION WERE DISCUSSED IN THE 4:00 P.M. WORK SESSION. MAYOR
O'HARE EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION
AT 5:27 P.M. AND THEN CONCLUDED AT 5:46 P.M.. TEXAS GOVERNMENT CODE
CHAPTER 551 OF THE OPEN MEETINGS LAW PROVIDES THAT SUCH ITEMS AS
PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED
LITIGATION MAY BE DISCUSSED IN CLOSED SESSION.
F.1 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION
551.072.
Discuss purchase, exchange, lease or value of real property in the following areas: for the
area generally bounded by Midway Road, Valwood Parkway and Beltline, I-635 and
Denton Drive.
Mayor O'Hare stated the Council was updated on this item in executive session.
G.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE
SESSION.
Mayor O'Hare stated Council was updated and no action was necessary.
G.2 ADJOURNMENT.
A motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye,"
adjourned the City Council meeting of December 15, 2009 at 8:3 m.
Mayor City Secretary
Volume 103, page 35