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2000-02-07 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING FEBRUARY 7, 2000 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Bob Phelps Jim Robbs Bill Moses Calla Davis Paul Walden Charlie Bird The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Groomer Assistant City Manager John F. Burke City Attorney Matthew Boyle City Secretary Cindee Peters Communication Director Tom Bryson Economic Development Director Norma Nichols Director of Community Services Michael Spicer City Engineer Jerry Murawski Director of Equipment Services Don Moore Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Library Director Mary Jane Stevenson Police Chief Jimmy Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux Assistant to the City Manager Margaret Somereve Assistant to the City Manager John Roach Traffic Engineer Dave Davis Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council Meeting of February 7, 2000 to order at 7:30 P.M. The meeting was televised. A.1 INVOCATION. Volume 82, page 86 Councilman Moses gave the invocation and Councilman Walden led the pledge of allegiance to the flag. A.2 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a 15-year employee service award to George Romo of the Public Works Department. MAYOR'S ANNOUNCEMENT Mayor Phelps presented John Burke, Assistant City Manager, with the 1999 Circle 10 Boy Scouts Award from the Annual North District Boy Scouts Dinner, recognizing Mr. Burke's long history of excellent service with the Boy Scouts. A.3 PRESENTATION OF BOARD APPLICATIONS. There were no board requests. A.4 REPORT ON STUDY SESSION ITEMS. Mayor Phelps gave a brief summary of the items discussed in Study Session prior to the regular meeting. B. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.7. Mayor Phelps stated 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 Tern Robbs, seconded by Councilman Walden, all voting "aye," withdraw item B.6 and added items D.2 and D.S. A motion by Mayor Pro Tern Robbs, seconded by Councilman Walden, all voting "aye," approved the Consent Agenda as amended. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JANUARY 24, 2000. B.2 APPROVED THE REQUEST OF BROOKHAVEN COLLEGE FOR SITE PLAN OF A STORAGE BUILDING/BATTING CAGE AND FOR Volume 82, page 87 AMENDMENT TO THE MASTER PLAN FOR THE BROOKHAVEN COLLEGE CAMPUS LOCATED AT 3939 VALLEY VIEW LANE, WITHIN PLANNED DEVELOPMENT NO. 20. B.3 APPROVED THE REQUEST OF GARY BLANKENSHIP/BANK OF THE WEST FOR SITE PLAN OF AN 853 SQUARE FOOT ADDITION TO AN EXISTING DRIVE-THROUGH BANK BUILDING, LOCATED AT THE SOUTHWEST CORNER OF MIDWAY ROAD AND MCEWEN ROAD AND WITHIN THE PLANNED DEVELOPMENT NO. 1 ZONING DISTRICT. B.4 ADOPTED RESOLUTION NO. 2000-017 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SENIOR ADULT SERVICES FOR OFFICE SPACE AT THE SENIOR CENTER B.5 ADOPTED RESOLUTION NO. 2000-025 AUTHORIZING THE CITY MANAGER TO ENTER INTO A NONEXCLUSIVE DISTRIBUTION AGREEMENT WITH THE NORTH TEXAS TOLLWAY AUTHORITY TO SELL TOLLTAGS AND TAKE APPROPRIATE ACTION. B.6 WITHDRAWN. ADOPTED RESOLUTION NO. 2000-023 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXCLUSIVE LISTING AGREEMENT WITH HENRY S. MILLER COMMERCIAL FOR PROPERTY LOCATED AT 12800 DENTON DRIVE, FARMERS BRANCH, TEXAS AND TAKE APPROPRIATE ACTION. B.7 APPROVED AUTHORIZING THE CITY MANAGER 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 2000 CALENDAR YEAR. D.2 ADOPTED RESOLUTION NO. 2000-024 AWARDING THE BID FOR VALLEY VIEW MEDIAN BRICK PAVERS REPAIR TO ARLINGTON PAVERS, INC. D.5 ADOPTED RESOLUTION NO. 2000-032 AWARDING THE BID FOR THE PURCHASE OF A SUPPLY OF AGGREGATE MATERIALS. C.1 CONSIDER SISTER CITY PROGRAM PRESENTATION AND PENDING TRIP TO GERMANY AND TAKE APPROPRIATE ACTION. Volume 82, page 88 Mayor Phelps presented the following information. Farmers Branch Sister City Chairperson Janie Scarbrough will be present to discuss the impending trip to England and Germany this summer to celebrate the 20th anniversary of our City's twinning with Bassetlaw, England and the 10th anniversary of our twinning with Garbsen, Germany. The 5th anniversary of our partnership with our friendship city of Schonebeck, Germany will also be commemorated during the trip. Mrs. Ramona Upfield, 13221 Glad Acres Drive, founder and past Chairman of the Sister City Program gave a brief history of the City's involvement in the Sister City Program and how the city selected Bassetlaw, England and Garbsen, Germany as Sister Cities. Mrs. Nancy Hardie, 2731 Bay Meadows Circle, gave the history of the City's twinning with Garbsen, Germany and the significant elements of economic development, education, and cultural tourism with Garbsen, Germany. Mrs. Janie Scarbrough, 1303 Glad Acres Drive, extended an invitation to the Mayor, City Council, and citizens of Farmers Branch to attend the reconfirming of the relationship between Bassetlaw, England; Garbsen, Germany; and Schonebeck, Germany, on June 10 through June 25, 2000. Mrs. Scarbrough also stated the Farmers Branch Sister City Program is nationally recognized as one of the more active Sister City Programs in the nation. Mrs. Scarbrough also invited the Council to participate in an informational meeting concerning the trip to England and Germany on Thursday, February 10, 2000 at 7 p.m. at City Hall. Councilman Moses complimented Mrs. Scarbrough and the committee members for the hard work on behalf of the City on the Sister City Program. Councilwoman Davis stated the City Council would be involved in several planning meetings. The meetings would include economic development programs to help the City provide information to other cities. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," approved travel for Mayor, City Council, and City Manager to attend the celebration of the 20th anniversary of Farmers Branch twinning with Bassetlaw, England, the 10th anniversary of Farmers Branch twinning with Garbsen, Germany Volume 82, page 89 and the 5th anniversary of the partnership with Farmers Branch friendship city of Schonebeck, Germany. D.1 CONSIDER ORDINANCE NO. 2521 ISSUING THE ELECTION ORDER CALLING FOR A CITY COUNCIL ELECTION FOR PLACE 3 AND PLACE 5 ON MAY 6, 2000 AND TAKE THE APPROPRIATE ACTION. Mayor Phelps presented the following information. On May 6, 2000 an election for City Council Place 3 and Place 5 will be held at the Farmers Branch Manske Library, 13613 Webb Chapel Road and Crosby Road Recreation Center at 1610 Crosby Road, Carrollton, Texas. Place 3 and Place 5 will serve a three-year term. Early voting will be held in city hall beginning April 19, 2000 and ending May 2, 2000. The hours for early voting will be 8:00 a.m. to 5:00 p.m., Monday through Friday. The city hall will be open on Saturday, April 29, 2000 from 8:00 a.m. to 5:00 p.m. and Sunday, April 30, 2000 from 1:00 p.m. to 6:00 p.m. On May 1 and May 2 the hours for voting will be 7:00 a.m. to 7:00 p.m. for the convenience of the citizens to vote early. In the event the Council wishes to enter into a joint election contract with Dallas County, it will be necessary to amend the election order at a later date. The City Secretary recommends the issuance of the Election Order by adopting Ordinance No. 2521. There being no discussion, a motion by Councilman Walden, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2521 issuing the Election Order calling for a City Council Election for Place 3 and Place 5 to be held on May 6, 2000. ORDER CALLING AN ELECTION FOR COUNCIL MEMBER PLACE AND COUNCIL MEMBER PLACE 5. D.2 CONSENT. D.3 CONSIDER ADOPTING RESOLUTION NO. 2000-029 AWARDING THE BID FOR THE PURCHASE OF THE ANNUAL SUPPLY OF PAPER REFUSE SACKS FOR THE PUBLIC WORKS DEPARTMENT TO SMURFITT-STONE CONTAINER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Bid requests for the purchase of the annual supply of paper refuse sacks were mailed to five Volume 82, page 90 vendors. Three bids for 900,000 sacks were received and opened on January 20, 2000; all met specifications. The lowest bid for one-ply recycled and one-ply natural Kraft paper sacks was submitted by Smurfitt-Stone Container for $196,200.00 or $.218 cents per sack. The lowest alternate bid for 100% natural Kraft paper material was also submitted by Smurfitt-Stone Container in the amount of $196,200.00 or $.218 cents per sack. Staff recommends that Smurfitt-Stone Container be awarded the refuse sack bid for sacks made of one-ply natural Kraft paper and one-ply recycled Kraft paper. Funds in the amount of $228,407.37 are available in the Public Works operating budget for this purchase and for delivery costs. The Director of Public Works recommends adopting Resolution No. 2000-029 awarding the bid to Smurfitt-Stone Container in the amount of $196,200.00 for 900,000 one-ply natural Kraft paper and one-ply recycled Kraft paper refuse sacks. Councilman Bird asked Mr. Pavageaux to describe the recycled paper sacks. Mr. Mark Pavageaux, Director of Public Works, stated the recycled material was tested and to meet the City's specifications, staff specified the sacks needed to be one-ply natural and one-ply recycled material. Mr. Pavageaux stated the specification for packaging has been changed to the original size for easier handling by the citizens. Councilman Walden asked Mr. Pavageaux when the sacks would be delivered. Mr. Pavageaux replied the sacks would be delivered to the City on February 17, 2000. There being no further discussion, a motion by Councilman Bird, seconded by Mayor Pro Tern Robbs, all voting "aye," adopted Resolution No. 2000-029 awarding the bid to Smurfitt-Stone Container in the amount of $196,200.00 for 900,000 one-ply natural Kraft paper and one-ply recycled Kraft paper refuse sacks. D.4 CONSIDER ADOPTING RESOLUTION NO. 2000-028 AWARDING THE BID FOR CONCRETE PAVEMENT REPAIRS AT VARIOUS LOCATIONS TO MCMAHON CONTRACTING, INC. AND TAKE APPROPRIATE ACTION. Volume 82, page 91 Mayor Phelps presented the following information. As part of the 1999- 2000 annual resurfacing program, repairs to concrete pavement are required prior to the streets being resurfaced. Requests for bids were sent to twelve contractors. Four bids were returned and opened on January 25, 2000. All bids met specifications. McMahon Contracting, Inc. submitted the low bid in the amount of $527,590. The Street Resurfacing Program is budgeted in the Non-Bond Capital Improvement Fund with funds available in the amount of $1,228,000. There are sufficient funds available for the concrete pavement repairs. The City Engineer recommends the adoption of Resolution No. 2000-028 awarding the bid for concrete pavement repairs at various locations to McMahon Contracting, Inc. in an amount of $527,590. There being no further discussion, a motion by Mayor Pro Tern Robbs, seconded by Councilman Davis, all voting "aye," adopted Resolution No. 2000-028 awarding the bid for concrete pavement repairs at various locations to McMahon Contracting, Inc. in an amount of $527,590. D.5 CONSENT. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no travel reports or requests. D.7 CITIZEN PARTICIPATION. Mr. Nick Korba, 13210 Shahan, stated he feels "Citizen Participation" is necessary for citizens to be able to bring their complaints to the City Council. Mr. Korba also stated he believes the City should seek an opinion from the Attorney General on the police practice of issuing citations to citizens who park on the grass. Mr. Escalante stated someone would speak with Mr. Korba after the meeting. Mr. Dave Blair, 3324 Gatwick Place, stated he is also pleased to see "Citizen Participation" and "Neighborhood Meetings" reinstated. Volume 82, page 92 Mr. Blair stated that as a member of the North Texas Tollway Association he wanted to thank the City for allowing the sell of tolltags. He also explained the number of people using tolltags. Mr. Blair went on to review the anticipated completion dates of several sections of the George Bush Tollway. Mr. John Wells, 13521 Heartside Place, stated he was also extremely pleased to see "Citizen Participation" return to the City Council agenda. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:04 P.M. AND CONCLUDED AT 7:07 P.M. FOR THE 7:30 P.M. GENERAL SESSION. TEXAS GOVERNMENT CODE CHAPTER 51 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 a DISCUSS PENDING AND CONTEMPLATED LITIGATION -TEXAS GOVERNMENT CODE SECTION 551.071 1. REVIEW WITH CITY ATTORNEY WALKER VS. CITY OF DALLAS ET AL CONSIDERATION OF DALLAS HOUSING AUTHORITY AGREEMENT AND TAKE ANY APPROPRIATE ACTION. Mayor Phelps stated the City Council was updated on litigation by the City Attorney. E.2 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported the City Attorney updated the City Council on litigation and no action is necessary. F.1 ADJOURNMENT. A motion by Councilman Moses, a second by Councilwoman Davis, all voting "aye", adjourned the City Council meeting of February 7, 2000 at 8:2 m. Q~ Mayor City Secretary Volume 82, page 93