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2000-03-06 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING MARCH 6, 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 Calla Davis Bill Moses Charlie Bird Paul Walden The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Communications Director Economic Development Director Director of Community Services Director of Equipment Services City Engineer Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works Assistant to the City Manager Assistant to the City Manager Traffic Engineer Recording Secretary Richard L. Escalante Linda Groomer John Burke John Boyle Cindee Peters Tom Bryson Norma Nichols Michael Spicer Don Moore Jerry Murawski Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux Margaret Somereve John Roach Dave Davis Suzanne Reynolds Mayor Phelps called the City Council Meeting of March 6, 2000 to order at 7:31 P.M. The meeting was televised. A.1 INVOCATION. Volume 83, page 1 Reverend Steven Polk, Music Director of Farmers Branch Church of Christ, gave the invocation and Councilman Moses led the pledge of allegiance to the flag. A.2 PROCLAMATION DECLARING CITY'S SUPPORT OF CENSUS 2000 AND PRESENTATION BY JULIE ANZELMO OF THE U. S. DEPARTMENT OF COMMERCE REGARDING CENSUS 2000. Ms. Julie Anzelmo with the U.S. Department of Commerce gave a presentation concerning Census 2000. Mayor Phelps presented Ms. Anzelmo with a proclamation declaring the City's support of the Census 2000. MAYOR'S ANNOUNCEMENT Mayor Phelps stated he and the City Council would like to invite the citizens of Farmers Branch to attend the Texas Independence Day Celebration, which will be held on Thursday, March 9, 2000, from 12 noon to 3 p.m. at the Farmers Branch Historical Park. A.3 PROCLAIM MARCH 5-11, 2000 AS SEVERE WEATHER AWARENESS WEEK. Mayor Phelps read a proclamation and proclaimed March 5 - 11, 2000 as Severe Weather Awareness Week in Farmers Branch, Texas. MAYOR'S ANNOUNCEMENT Mayor Phelps introduced the following Board of Trustees and Administrators of the Carrollton-Farmers Branch Independent School District: John Tepper, Nancy Strickland, Lynn Chaffin, John Samuels, Mark Hyatt, and Charles Cole. Mayor Phelps stated he appreciated their attendance. A.4 PRESENTATION OF CERTIFICATES OF RECOGNITION TO MEMBERS OF THE EDUCATIONAL TASK FORCE. Mayor Phelps stated on behalf of the City Council and the City of Farmers Branch, he want to thank each and every one of the members of the Educational Task Force for their services the past two and a half years. Mayor Phelps presented certificates to the following Educational Task Force members: Pam Binford, Co-Chair Frank Shor, Robert Harris, Bill Sheveland, and Co-Chair Fred Johnson. The following members were Volume 83, page 2 not present to receive their certificate: James Goode Jim Barett, David Martinez, and Trini Munoz. A.5 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a five year employee service award to Tim Dedear of the Farmers Branch Fire Department A.6 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.7 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 Bird, all voting "aye," removed item B.3 and added item D.2 to the Consent Agenda. 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 FEBRUARY 21, 2000. B.2 APPROVED THE REQUEST OF WINSTAR COMMUNICATIONS FOR SITE PLAN FOR A MOUNTED MICROWAVE ANTENNA SYSTEM ON AN EXISTING 10 STORY OFFICE BUILDING LOCATED AT 2711 LBJ FREEWAY AT THE NORTHEAST CORNER OF LBJ FREEWAY AND METRO BOULEVARD AND WITHIN THE PLANNED DEVELOPMENT NO. 74 ZONING DISTRICT. Volume 83, page 3 B.3 Removed and put on the regular session. ADOPTED RESOLUTION NO. 2000-030 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ECONOMICS RESEARCH ASSOCIATES FOR MARKETING CONSULTANT SERVICES RELATIVE TO THE CONFERENCE CENTER. B.4 ADOPTED RESOLUTION NO. 2000-037 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH RCC CONSULTANTS, INC. FOR RADIO SYSTEM CONSULTING SERVICES. B.5 ADOPTED RESOLUTION NO. 2000-039 AUTHORIZING THE CITY MANAGER TO PURCHASE MOTOROLA HANDHELD AND VEHICLE MOUNTED RADIOS FOR THE POLICE DEPARTMENT. B.6 ADOPTED RESOLUTION NO. 2000-043 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH EA ENGINEERING SCIENCE AND TECHNOLOGY, INC. TO REMEDIATE THE FORMER POLICE FIRING RANGE LOCATED NORTHEAST OF KEENAN BRIDGE ROAD, AUTHORIZING THE CITY MANAGER TO RETAIN THE SERVICES OF AN ENVIRONMENTAL LABORATORY FOR THE ANALYSIS OF ENVIRONMENTAL CONTAMINANTS, AUTHORIZING THE CITY MANAGER TO SUBMIT THE SITE TO THE STATE'S VOLUNTARY CLEANUP PROGRAM. B.7 ADOPTED RESOLUTION 2000-048 AUTHORIZING A JOINT ELECTION CONTRACT WITH THE COUNTY OF DALLAS FOR THE MAY 6, 2000 CITY COUNCIL ELECTION. D.2 ADOPTED ORDINANCE NO. 2522 ESTABLISHING FEES FOR BUILDING AND OTHER RELATED PERMITS, LICENSES, REGISTRATIONS, PLANNING FEES AND OTHER ADMINISTRATIVE FEES. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING AND ESTABLISHING MINIMUM FEES TO BE COLLECTED ON APPLICATION FOR CONSTRUCTION RELATED PERMITS, INSPECTIONS, LICENSES, REGISTRATIONS AND OTHER ADMINISTRATIVE FEES; DEVELOPMENT FEES; REPEALING ORDINANCE NO. 2273; REPEALING SECTIONS 1 & 2 OF ORDINANCE 2069; REPEALING ALL ORDINANCES OR PROVISIONS IN CONFLICT HEREWITH; Volume 83, page 4 PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. B.3 CONSIDER ADOPTING ADOPTED RESOLUTION NO. 2000-030 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ECONOMICS RESEARCH ASSOCIATES FOR MARKETING CONSULTANT SERVICES RELATIVE TO THE CONFERENCE CENTER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. RTKL and the Farmers Branch hotel managers have recommended that the City utilize a marketing consultant to identify the appropriate size and configuration of the City's convention facility to meet the needs of the target market. Staff sent out Requests for Qualifications in December of 1999 and received four responses on Thursday, January 13, 2000. Ernst & Young declined to make a presentation due to their client workload. Staff heard three presentations and unanimously agreed to negotiate a contract with Economics Research Associates subject to Council approval. ERA has an excellent reputation and has a Dallas office that would help facilitate the project. The proposed cost for the marketing work program is $44,000 plus reimbursable expenses. The funding is available in the Convention Center Bond Fund. All travel expenses must be approved in advance by the City. The Director of Economic Development recommends that the City Council adopt Resolution No. 2000-030 authorizing the City Manager to execute an agreement with Economics Research Associates for marketing consultant services relative to the conference center. Mr. William Glancy, 3808 Wooded Creek Drive stated citizens are supportive of the conference center project but since this is the keystone of redevelopment in the old downtown area, he feels that citizens should have greater input into the design/development of the conference center. Mayor Phelps stated this item would be brought back to the Council and the citizens. He also stated this project is funded with Hotel/Motel Funds and the Hotel/Motel Association needs to be heavily involved in the design/development of the project. Mayor Phelps stated the study would determine what the conference center should be used for and emphasized it should be self-sufficient. Volume 83, page 5 Mr. Escalante stated this is a very complex issue. At this point the City is now dealing with consultants on the technical issues involved with the conference center and determining what can be done with the facility to make it into a conference center. Additionally, a comprehensive market study will be performed. The study, which will be brought back for discussion will be used to determine what the City needs to do to make this a marketable facility. Mr. Escalante stated City staff does agree with Mr. Glancy's comments. A motion by Mayor Pro Tern Robbs, seconded by Councilwoman Davis, all voting "aye," adopted Resolution No. 2000-030 authorizing the City Manager to execute an agreement with Economics Research Associates for marketing consultant services relative to the conference center. D.1 CONSIDER ADOPTING RESOLUTION NO. 2000-052 SUPPORTING THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES IN BUILDING AN ELEMENTARY SCHOOL IN FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Carrollton- Farmers Branch Independent School District bond issue approved by the voters, included funds for acquiring property to construct an elementary school in Farmers Branch. The Carrollton-Farmers Branch Independent School District Board of Trustees is in the process of selecting a site for the school. A resolution has been prepared for Council's consideration supporting the construction of a school in Farmers Branch. This item has been placed on the agenda at the request of Councilman Paul Walden. Mayor Phelps read Resolution No. 2000-052 and stated the City has no responsibility in acquiring this site. He stated when the City was developing the Tax Increment Financing in this area, the school district requested that the TIF be extended into the area being considered by the school board. Fred Johnson, 2657 Farmers Branch Lane, stated the elementary schools in Farmers Branch are overcrowded. There is a need to construct a new elementary school as stated in the 1998 bond election. He wishes no residential property would have to be used for the new school but if so, he hopes that the citizens would be cooperative. Volume 83, page 6 Mayor Phelps stated again, the City of Farmers Branch is not running anyone out of their home. The City is supportive of an elementary school in Farmers Branch, the one that was on the bond program. Mayor Phelps stated the City does not pick the site. The decision is made by the school board and it is a difficult decision the school board has to make. The following individuals were against selling their homes to the Carrollton-Farmers Branch Independent School District or the adoption of Resolution No. 2000-052. Lavanna Powell 2564 Greenhurst Cora Frady 2501 Fruitland Ave Ed Henderson, 2531 Richland Charles Williams 2508 Richland Maril Rogriguez 2554 Havenhurst Oswaldo Altamirano 2540 Fruitland Billie Wilson 13603 Stardust Lane Juan and Rosa Moreno 2544 Richland Ave Bob Steel 2537 Fruitland Ave Chris Flower 2611 Havenhurst Juan Rodriguez 2539 Richland Betty Runkel, 2885 Valwood Alvin Thomas, 2668 Leta Mae Norma Jean Deaton, (parents home) 1020 Ripple Drive, Little Elm, Tx 75068 Lorene Henderson, 2435 Havenhurst Carol Henson, 2530 Fruitland John Oechsner 3509 Brookline Lane Gracie (young girl) William Glancy, 3808 Wooded Creek Drive, stated he commends the City Council for their involvement with the school district to maintain a high quality school district. Frank Shor, 2517 Danny Lane, spoke in support of the City's Resolution No. 2000-052 and commented on the reality of the use of eminent domain. Councilman Walden thanked everyone for their comments and reviewed the theory of eminent domain and its intent. He stated the votes on the bond election provided a clear mandate to construct an elementary school in Farmers Branch. He also stated he was on the bond committee that recommended the construction on an elementary school in Farmers Branch. Councilman Walden stated he wanted to make it Volume 83, page 7 clear that the Farmers Branch City Council cannot direct the way the Board of Trustees discharge of their duties and the resolution is not meant to do so, but to provide support. He stated it has been two years since the bond election and the problem still exists. Councilman Walden stated there is not a conflict between the Board of Trustees and the City Council and they have both worked diligently to develop alternatives for a school site. He expressed that there is no easy answer and asked the City Council to affirmatively consider this resolution. He reviewed section 1 of the resolution and explained that the corner site at Josey and Valwood would be very expensive. In conclusion, Councilman Walden hopes that the school board would consider the alternatives when making their decision. Councilman Bird outlined the Council's wishes in regard to the construction of a new elementary school in Farmers Branch. He asked the board of trustees to honor their commitment that was stated in the 1998 School Bond Election. Mayor Pro Tern Robbs stated he received a call from a radio reporter wanting comments on the City's recommending a site to the board of trustees that would require the use of eminent domain. Mayor Pro Tern Robbs emphasized that the City did not recommend any site to the board of trustees. Mayor Pro Tern Robbs stated the Council and staff would lend support to the school district to assist them in locating an area within Farmers Branch for this new facility. He expressed that Farmers Branch needs a new school to relieve overcrowding at the elementary level. He stated the City would help the district to accomplish this mission. Young man who did not give his name asked what the consequences of placing a school in a commercial area are. Mayor Phelps replied there are no consequences other than the cost. Councilwoman Davis stated the corner of Josey and Valwood is the best location according to the criteria given by the school district. Residential property and a park surround the area. Mayor Phelps stated after several comments this evening he hopes that the City Council and the Board of Trustees will work together. A motion by Mayor Pro Tern Robbs, seconded by Councilman Walden, all voting "aye," adopting Resolution No. 2000-052 supporting the Carrollton-Farmers Branch Independent School District Board of Trustees Volume 83, page 8 in building an elementary school in Farmers Branch with amendment to Section 1 to read, "The City Council does hereby support the C-FB ISD in building an elementary school in central Farmers Branch." D.2 CONSENT. D.3 CONSIDER ADOPTING RESOLUTION NO. 2000-044 AWARDING A BID FOR UTILITY CUT REPAIRS AT VARIOUS LOCATIONS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Requests for bids were sent to eleven contractors. Two bids were returned and opened on February 18, 2000. Nine vendors declined to bid for various reasons. Quantum Contracting Co. submitted the low bid which met all specifications. Quantities of work were estimated and unit prices were bid for the various types of pavement repairs. The repair work will be performed only as necessary and within budget. A review of the bid proposal shows that the prices bid were competitive. The total estimated bid from Quantum Contracting Co. is $134,000.00. The 1999-2000 Public Works budget contains $100,000.00 to fund this contract and if approved, the contract will be awarded not to exceed $100,000.00. The Director of Public Works recommends adopting Resolution No. 2000-044 awarding a bid for utility cut repairs to Quantum Contracting Co., for a total cost not to exceed $100,000.00. Councilman Walden asked what project would not get done. Mr. Mark Pavageaux, Director of Public Works, stated the unit price was estimated quantity and some items were included that would not be used during the year. A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2000-044 awarding the bid for utility cut repairs to Quantum Contracting Co. for a total cost not to exceed $100,000.00. D.4 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Volume 83, page 9 Mayor Phelps stated he, Mr. Escalante, and Dave Davis traveled to Washington, D.C. last week regarding funding issues for the DART Light Rail Line that comes through Farmers Branch and Carrollton along the Union Pacific railroad line. Mayor Phelps stated they met with Congressman Dick Armey, Representatives Kay Granger who is on the Transportation Appropriations Committee; Eddie Bernice Johnson; a representative from Martin Frost's office; Senator Kay Bailey Hutchison and Senator Phil Gramm's special assistant for state projects, Scott Ellis. Mayor Phelps stated the City's lobbyist Carolyn Chaney and Chris Giglio did an excellent job in arranging the appointments and all the meetings were very productive. Mayor Phelps explained that the DART Board had made the decision on February 22, 2000 that the Union Pacific line was the preferred alignment for the Northwest Corridor. He also stated that consensus between the cities was reached contingent on Irving coming up with $60 million to cover the extra expenses from the alignment change they requested. Mayor Phelps stated they told the representatives that the City of Farmers Branch was supporting DART's request for an $80 million appropriation for the North Central and Southeast rail lines. Also, they would be back at a later date to support funding for the Union Pacific line. Mayor Phelps explained that DART is starting on the preliminary engineering on this line and the environmental study will be done some time this year. In conclusion, Mayor Phelps stated he feels this was a good trip and there was a lot accomplished. They also relayed to the Congressmen and Senators that the City supports light rail in the Dallas area, which would help with traffic and air quality control issues. Mr. Escalante stated it was important to meet with members of Congress to make them aware of the City's interest in getting the funding for this project. Mayor Phelps stated two weeks ago today, he, Richard Escalante, and Dave Davis spent nine hours down at the DART meeting to make sure this project was on track. D.5 CITIZEN PARTICIPATION. Edward Sostecke, 3130 Brookhaven Club Drive, stated he and his wife have lived in Farmers Branch for 35 wonderful years but the last two Volume 83, page 10 weeks have been terrible. He stated the Country Club put in a restroom for the golfers in his backyard and did not inform any of the homeowners. He stated he called City Hall and the Country Club and wanted to know if anything could be done about it. Mr. Escalante stated he would speak with Mr. Sostecke after the meeting. Katherine Reeves, 3122 Brookhaven Club Drive, asked the City Council if there was anything they could do to help the homeowners get the restroom on the golf course relocated to another area. She stated it is unsightly and could affect the property values of some of the homes in the area. Robert Holms, 3134 Brookhaven Club Drive, distributed pictures of the restroom to the Council. He stated he has lived in Farmers Branch for 23 years and the facility on the golf course is dead center of his property. He feels that City government should want to maintain the property value of the citizens. Ray McDowell, 3525 Courtdale Drive, stated he has been a taxpayer for 41 years and wanted to know why he did not receive any information on the new registration fee for alarm systems. Additionally, he commented on the storm water problem on his property. He had reviewed the City's plans with Mr. Murawski on where the storm water from the new Courtyard development would go after a heavy rain. 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 6:50 P.M. AND CONCLUDED AT 7:20 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 LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS ACQUISITION OF DRAINAGE EASEMENTS FROM BROOKHAVEN COUNTRY CLUB FOR THE BROOKHAVEN CLUB DRIVE RECONSTRUCTION PROJECT AND THE TANGLEWOOD DRIVE DRAINAGE PROJECT. Volume 83, page 11 Mayor Phelps stated Staff was present to discuss this item with the City Council. MAYOR PHELPS ANNOUNCED THE CITY COUNCIL WILL DISCUSS AGENDA ITEM D.1 IN EXECUTIVE SESSION. CITY ATTORNEY JOHN BOYLE STATED THIS ITEM IS PERTAINING TO CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE - SECTION 551.071. Mayor Phelps stated the City Attorney was present to discuss potential litigation relative to the Carrollton-Farmers Branch Independent School District. E.2 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported the City Council was updated on land acquisition and litigation. No action was necessary. F.1 ADJOURNMENT. A motion by Councilman Bird, a second by Mayor Pro Tern Robbs, all voting "aye", adjourned the City Council meeting of March 6, 2000, at 9:50 P.M. ayor City Secretary r Volume 83, page 12