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2000-05-01 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING MAY 1, 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 Richard L. Escalante Assistant City Manager Linda Groomer Assistant City Manager John Burke Assistant to City Manager Margaret Somereve Assistant to City Manager John Roach City Attorney John Boyle City Secretary Cindee Peters Communication Director Tom Bryson Economic Development Director Norma Nichols Director of Community Services Michael Spicer Director of Planning Kaizer Rangwala City Engineer Jerry Murawski Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Director of Equipment Services Don Moore Library Director Mary Jane Stevenson Police Chief Jimmy Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux Traffic Engineer Dave Davis Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council Meeting of May 1, 2000 to order at 7:30 P.M. The meeting was televised. Volume 83, page 67 A.1 INVOCATION. Student Councilwoman Mahaffey gave the invocation and the Boy Scouts of America from Troop 713 led the pledge of allegiance to the flag. A.2 INTRODUCE STUDENT GOVERNMENT DAY PARTICIPANTS AND PROCLAIM MAY 1, 2000 AS R. L. TURNER STUDENT GOVERNMENT DAY IN FARMERS BRANCH. Mayor Phelps presented the following information. Monday, May 1, 2000, is R. L. Turner High School Student Government Day at the City of Farmers Branch. Twenty-five students from the high school are serving as counterparts to the Mayor, City Council, City Manager, City Secretary, Assistant City Managers and Department Heads. These students will actually "run" the City for a day. Mayor Phelps, the City Council, and city staff introduced their counterparts and presented the students with a certificate and a gift bag. Mayor Phelps also introduced Mr. Steven Hamberger, activities director of R. L. Turner High School and presented him with a proclamation. A.3 PRESENTATION OF YEAR 2000 MAYOR'S SCHOLARSHIP AWARDS BY TOWN NORTH NATIONAL BANK. Mayor Phelps stated that Mr. John Reap, President of Town North National Bank, wishes to present, for the tenth year, to Mayor Phelps and members of the City Council the year 2000 recipients of the Mayor's Scholarship Award. Mayor Phelps introduced Mr. Paul Beeler of the Selection Committee who has been involved since the program's inception. Student Mayor Webb read and presented a proclamation to Laura Delgado and Edwin Flores of R. L. Turner High School and proclaimed May 1, 2000 as "Town North Bank Mayor's Scholarship Day" in Farmers Branch, Texas. A.4 PRESENTATION OF COMMUNITY CREDIT UNION SCHOLARSHIP. Mayor Phelps, Ms. Paula Saur, and Robin Whiteaker of the Community Credit Union presented a certificate for scholarship to Rachel Nelson. Student Mayor Webb read and presented a proclamation to Rachel Volume 83, page 68 Nelson in recognition of her scholastic achievements at R. L. Turner High School and proclaimed May 1, 2000, as "Community Credit Union Scholarship Day in Farmers Branch, Texas. A.5 PROCLAMATION DECLARING MAY 3, 2000 AS THE CARROLLTON- FARMERS BRANCH ISD READING TOGETHER, USA 2000 CELEBRATION DAY IN THE CITY OF FARMERS BRANCH. Student Mayor Webb read and presented a proclamation to students Chrissa Gilberth and Trevor Leman and proclaimed May 3, 2000 as "CFBISD Reading Together USA 2000 Celebration Day," in Farmers Branch, Texas. Ms. Hilda Murphy was also present to honor the students. A.6 CONSIDER PROCLAIMING MAYAS OLDER AMERICANS' MONTH IN FARMERS BRANCH. Student Mayor Webb read a proclamation which recognized May as Older Americans' Month in Farmers Branch and presented the proclamation to Mrs. Katie Roberts, Chair of the Senior Advisory Board, representing Farmers Branch senior citizens. A.7a PRESENTATION OF SERVICE AWARDS. Student Mayor Webb presented a 20-year employee service award to Milton Jones of the Fire Department. A.8 PRESENTATION OF THE FARMERS BRANCH WOMAN OF THE YEAR. Mayor Phelps announced that Farmers Branch had chosen Mrs. Marie Huie as Woman of the Year. Former Women of the Year were present to congratulate Mrs. Huie. A.9 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.10 REPORT ON STUDY SESSION ITEMS. Student Mayor Webb gave a brief summary of the items discussed in Study Session prior to the regular meeting. Volume 83, page 69 B. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.6. Student Mayor Webb 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 Student Mayor Pro Tern Leka, seconded by Student Councilman Bohls, all voting "aye," approved the Consent Agenda. A motion by Mayor Pro Tern Robbs, seconded by Councilman Walden, all voting "aye," approved the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF APRIL 17, 2000. B.2 ADOPTED RESOLUTION NO. 2000-077 AUTHORIZING INTERVENTION IN TXU ELECTRIC COMPANY'S TRANSMISSION DISTRIBUTION RATE CASE. B.3 ADOPTED RESOLUTION NO. 2000-066 ACCEPTING A WATERLINE EASEMENT DONATED TO THE CITY OF FARMERS BRANCH BY PARKSIDE COMMERCIAL PROPERTIES, LTD. FOR THE MIDWAY ROAD AND SPRING VALLEY ROAD WATER LINE IMPROVEMENTS PROJECT. B.4 ADOPTED RESOLUTION NO. 2000-080 ACCEPTING A FIVE- FOOT AERIAL EASEMENT FOR STREET LIGHT INSTALLATION, DEDICATED BY MR. AND MRS. WILLIAMS. B.5 ADOPTED RESOLUTION NO. 2000-084 AWARDING BID FOR ONE POLICE CRIME SCENE VAN. B.6 ADOPTED RESOLUTION NO. 2000-085 URGING FOR A DELAY ON CONGRESSIONAL ACTION ON THE INTERNET TAX MORATORIUM. C.1 PUBLIC HEARING: CONSIDER THE SPECIFIC USE PERMIT REQUEST FROM VALLEY VIEW BAPTIST CHURCH ON BEHALF OF ZONE SYSTEMS, INC., FOR SPRINT PCS., FOR A CELLULAR COMMUNICATIONS ANTENNA TOWER LOCATED ADJACENT TO THE Volume 83, page 70 EXISTING CHURCH BUILDING AT 3801 VALLEY VIEW LANE AND WITHIN THE R-1 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Student Mayor Webb presented the following information. The applicant is requesting approval of a specific use permit to erect a telecommunication antenna tower and associated equipment cabinets in the existing courtyard of the Valley View Baptist Church located at the southeast corner of Valley View Lane and Webb Chapel Road. The proposed site is located within a single-family residential zoning district. The tower installation, as originally proposed at the first Planning and Zoning Commission hearing, held March 27, 2000 consisted of nine antenna panels concealed by plastic sign faces mounted at the top of three unpainted, galvanized steel poles seventy-five feet high. Subsequent to the first Planning and Zoning Commission meeting, the applicant has submitted an amended proposal. The amended design for the antenna consists of a tower of metal poles enclosed by a cladding material to simulate the appearance of brick. The cladding material, although resembling brick in appearance, is not masonry construction, and as such would require a variance from the Zoning Board of Adjustment. Staff recommends denial of the proposal because the amended design, like the original proposal, is not compatible with the church due to incompatible massing, material and style. Likewise, the tower is not compatible with the surrounding residences or the neighboring Church of Christ. The Planning and Zoning Commission unanimously recommends denial of the proposed specific use permit and associated site plan. Student Mayor Webb opened the public hearing. Mr. Peter Kavanaugh, 1620 Handley Drive, Dallas, representing Valley View Baptist Church and Sprint PCS, reviewed the basics of how a cellular phone works and need for additional antennas to handle peak periods of use. Mr. Kavanaugh submitted a site plan showing where the antennas would be located on the church property and several illustrations of what the structure would look like. He stated he would be available to answer any questions the Council may have and requests the approval of this specific use permit. Volume 83, page 71 Mr. Wendell Jones, 3167 Longmeade Drive, owner of the property next to the church at 3128 Valley View Lane, stated he opposes the approval of the proposed specific use permit. Mr. Ernest Boring, pastor of Valley View Baptist Church, 3108 Valley View Lane, reviewed the church board's procedure in deciding to have the tower on their property. He stated the tower would not be highly visible on their property and would be screened by trees. He stated that the antenna would be beneficial to the people of Farmers Branch and those who travel through Farmers Branch. A motion by Student Councilwoman Compton, seconded by Student Councilwoman Mahaffey, all voting "aye," closed the public hearing. A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," closed the public hearing. Councilman Bird asked Mr. Jones that if the antenna structure were more compatible with the church building and neighborhood, would he be satisfied. Mr. Jones replied he would be satisfied. Councilwoman Davis stated she would like to send this item back to the Planning and Zoning Commission without prejudice, which would allow the applicant to continue the process and not have to wait six months. She also stated she would like for the applicant to work with the Planning and Zoning Commission and staff to resolve the problems, and would like to see a revised set of elevations. Mayor Phelps stated a telephone signal could not go through brick. Councilwoman Davis stated it could still look like a bell tower, if 80% could be brick and the rest could look like brick. Mayor Pro Tern Robbs stated he would also like to see the tower design to be more compatible with the neighborhood and the church. He feels the Planning and Zoning Commission could come up with some acceptable resolution. Councilman Walden reiterated that this facility is in a residential neighborhood and should be compatible with the church and surrounding area. He requested that Mr. Kavanaugh and Sprint PCS work to come up with a satisfactory resolution. Volume 83, page 72 Councilman Bird stated with the information he received tonight he would have to deny this request. With the new information and returning it to Planning and Zoning Commission, he feels Sprint PCS would have a second chance for approval. Mayor Phelps asked Mr. Kavanaugh about the construction using masonry and the height requirements. He asked if a lower height would work. Mr. Kavanaugh stated they could use brick for construction except for the area around the antenna, and they would look into reducing the height. Mr. Kavanaugh asked if the Student Councilmembers had any questions. Student Councilman Wolf asked if this is a digital or analog system. Mr. Kavanaugh stated the new PSC phones are digital. Student Mayor Webb asked what would happen with the analog system. Mr. Kavanaugh stated Sprint services are all digital. Student City Manager Sham asked how many people this antenna would serve. Mr. Kavanaugh stated that the antenna would provide more capacity, approximately 60 to 80 calls at any given moment. Student City Manager Sham asked what is the range of the tower. Mr. Kavanaugh replied about two and one-half miles across. Student Councilwoman Compton asked if the majority of Sprint customers switched services would the tower still be needed. Mr. Kavanaugh replied in the affirmative because phones are generally used while traveling and this antenna would accommodate persons traveling in Farmers Branch. Student Councilwoman Mahaffey stated she is a Sprint customer and lives near the proposed site of the antenna. She agrees with the rest of Volume 83, page 73 the Council that the proposal needs to be looked at and revised to be more compatible with the church and surrounding area. Student Councilman Wolf asked Mr. Kavanaugh if anymore antennas would be built in Farmers Branch. Mr. Kavanaugh replied they would be installing antennas at RHD Hospital and at the corner of Spring Valley Road and Marsh Lane in Addison. Student Councilman Wolf asked how soon the antennas would be constructed. Mr. Kavanaugh replied within the next six months. Student Councilman Wolf asked what the tower on Spring Valley Road would look like. Mr. Kavanaugh stated that it is an existing tower of galvanized steel with three antennas. Mr. Escalante stated for clarification this item is being sent back to the Planning and Zoning Commission without prejudice. He stated this is an existing case and the Council is concerned about the height, building materials, and design, incorporating all these issues into a new design which can be referred back to the City Council. There being no further discussion, a motion by Councilwoman Davis, seconded by Councilman Bird, all voting "aye," sent this item back to the Planning and Zoning Commission without prejudice, which would allow the applicant to continue the process and not wait six months. There being no further discussion, a motion by Mayor Pro Tern Leka, seconded by Student Councilman Wolf, all voting "aye," sent this item back to the Planning and Zoning Commission without prejudice, which would allow the applicant to continue the process and not wait six months. D.1 CONDUCT A HEARING RELATIVE TO THE LOW BIDDER AND CONSIDER ADOPTING RESOLUTION NO. 2000-074 AWARDING THE BID FOR IVANWOOD LANE AND PEBBLE BEACH DRIVE WATER LINE REPLACEMENT TO MCMAHON CONTRACTING, INC. AND TAKE APPROPRIATE ACTION. Student Mayor Webb presented the following information. The 1999- 2000 Capital Improvement Program, Non-bond Utility Fund Budget Volume 83, page 74 provides funding for utility replacement and improvements. There is $356,950 allocated for the construction of a new 8-inch water line on Ivanwood Lane and a new 12-inch water line along a portion of Pebble Beach Drive. On April 11, 2000, nine bids were received and opened for the construction of the two new water lines. The low bid was received from CNJ Construction, Inc. in the amount of $228,239.41. Staff's evaluation of CNJ Construction, Inc. determined that the company does not have any experience installing water lines for municipalities. The company provided references from three municipalities. The work performed for the municipalities included paving, storm sewer and sanitary sewer. Because the new water lines are being installed in established neighborhoods requiring a minimum disruption of service to the residents and in compliance with health codes, staff does not consider CNJ Construction, Inc. to be the lowest responsible bidder for this project. The second low bid was received from McMahon Contracting, Inc. in the amount of $274,261.25. Staff's evaluation of McMahon Contracting, Inc. determined that the company has recent relevant experience in the metroplex constructing water lines. The City Engineer recommends that the contract be awarded to McMahon Contracting, Inc. in the amount of $274,261.25 with a contract time of 100 calendar days. CNJ Construction, Inc. has been notified by certified mail of staff's recommendation and the date and time that the City Council will consider this item. CNJ Construction, Inc. was also advised that the company will be given the opportunity to be heard by the City Council at that time. The City Engineer recommends the adoption of Resolution No. 2000-074 awarding the bid for construction of Ivanwood Lane and Pebble Beach Drive Water Main Replacement to McMahon Contracting, Inc. in the amount of $274,261.25. There being no further discussion, a motion by Student Councilwoman Mahaffey, seconded by Student Mayor Webb, all voting "aye," adopted Resolution No. 2000-074 awarding the bid for construction of Ivanwood Lane and Pebble Beach Drive Water Main Replacement to McMahon Contracting, Inc. in the amount of $274,261.25. Volume 83, page 75 Councilman Moses asked Mr. Murawski if the City pre-qualifies bidders before they are asked to bid on a project. Mr. Jerry Murawski, City Engineer reviewed the State Law regarding the bid process, specifically that the bids are publicly advertised and anyone can obtain plans and bid on a project. The specifications require the bidder to supply references. Councilman Bird stated the Council would like to compliment staff on doing their homework on this project and coming up with the best bidder. Councilman Bird asked Mr. Murawski if the flags on the north side of Pebble Beach west of Tanglewood in the yards would be for the new waterlines. Mr. Murawski stated the area of the water lines is between Southern Pines to Coral Harbor. Mr. Murawski stated he would find out what the project is and let Council know. Councilman Walden asked Mr. Murawski to review the process that was followed to not recommend the lowest bidder and to express his concerns about the qualifications of the low bidder. Mr. Murawski explained that staff was concerned about the low bidder's ability to perform this work in a residential neighborhood. This job could impact the citizen safety and the ability to get in and out of the neighborhood. Additionally, Mr. Murawski stated that after their investigation of the low bidder, it could not be determined the bidder had ever done a waterline project before. Mayor Phelps explained that staff had requested information from the State on the qualifications of the lower bidder. Mr. Murawski added that the State informed staff that CNJ had only been in business since 1996 and could not provide any documentation concerning their experience with waterline installations. Therefore, staff recommends the award of this bid be to the lowest responsible bidder. There being no further discussion, a motion by Student Councilwoman Mahaffey, seconded by Student Mayor Webb, all voting "aye," adopted Resolution No. 2000-074 awarding the bid for construction of Ivanwood Lane and Pebble Beach Drive water main replacement to McMahon Contracting, Inc. in the amount of $274,261.25. Volume 83, page 76 There being no further discussion, a motion by Councilman Walden, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 2000-074 awarding the bid for construction of Ivanwood Lane and Pebble Beach Drive water main replacement to McMahon Contracting, Inc. in the amount of $274,261.25. D.2 CONSIDER ADOPTING RESOLUTION NO. 2000-079 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THOMAS AND BONNEAU, INC., FOR THE SALE OF REAL PROPERTY AND NEW HOME CONSTRUCTION IN BRANCH CROSSING AND TAKE APPROPRIATE ACTION. Student Mayor Webb presented the following information. The City of Farmers Branch has initiated a Neighborhood Renaissance Program. The first neighborhood to be addressed under the program is Branch Crossing, an area east of City Hall bounded by Tom Field Road, Farmers Branch Lane, Valley View Lane and Rawhide Creek. In order to provide a catalyst to encourage residential developers to build new residences in this area, the City purchased certain lots and has offered those lots to residential builders. As part of its Neighborhood Renaissance Program, the City issued a Request for Proposals for the construction of a new single-family home in Branch Crossing on a City-owned lot at 12950 Epps Field Road. Thomas & Bonneau, Inc. submitted a proposal and City Staff has carefully reviewed the proposal and negotiated an agreement. The agreement would convey the property located at 12950 Epps Field Road to Thomas & Bonneau, Inc., and provide for the construction of a new single-family home on the lot meeting the development standards approved for Branch Crossing. The new home would be a minimum of 2,800 square feet in size. Staff recommends adoption of Resolution No. 2000-079 authorizing the City Manager to enter into a contract with Thomas & Bonneau, Inc., for the construction of a new home in Branch Crossing. Councilman Bird stated when Branch Crossing was proposed two years ago it was difficult to get builders to come in an area where there was so much speculation and doubt. He stated Councilman Moses visited his friend Mr. Todd Bonneau and asked if he would consider this project. Mr. Bonneau built and sold the first home, purchased a second lot and is in the process of building a second home. Councilman Bird stated he would like to compliment the City of Farmers Branch and Councilman Moses for initiating and getting this project started. Volume 83, page 77 Mayor Phelps stated Mr. Bonneau plans to have several more homes started in the next few months. There being no further discussion, a motion by Student Councilwoman Mahaffey, seconded by Student Mayor Webb, all voting "aye," adopted Resolution No. 2000-079 authorizing the City Manager to enter into a contract with Thomas & Bonneau, Inc., for the construction of a new home in Branch Crossing. There being no further discussion, a motion by Mayor Pro Tern Robbs, seconded by Councilwoman Davis, all voting "aye," adopted Resolution No. 2000-079 authorizing the City Manager to enter into a contract with Thomas & Bonneau, Inc., for the construction of a new home in Branch Crossing. D.3 CONSIDER RESOLUTION NO. 2000-071 AMENDING THE COMPREHENSIVE POLICY STATEMENTS ON LOCAL ECONOMIC DEVELOPMENT AND BUSINESS INCENTIVES AND TAKE APPROPRIATE ACTION. Student Mayor Webb presented the following information. The City of Farmers Branch has a current Policy Statement on Local Economic Development and Business Incentives that provides for a wide range of activities in the area of Economic Development in compliance with Chapter 380 of the Texas Local Government Code. As part of the incentive package to Chase Global Services to encourage their relocation to Farmers Branch, it is necessary to consider amending the City's policy allowing for a sales tax exemption program. Under Chapter 380, the City has the authority to provide a program that would exempt a company from certain sales tax. The initiative would create a program under which the City of Farmers Branch would accept non-monetary donations of computers, work stations, servers, networking equipment and other equipment, as well as business furnishings prior to use by the company for an exemption from sales taxes. The City would grant a possessory interest in the equipment for a limited time; the equipment would be located at the company's premises during the term of use. It is anticipated that the City could receive the furniture and equipment four to six years after the initial acceptance of the donations. The City could choose to accept all or part of the items dependent upon the program developed. Organizations designated by the City could be recipients of the equipment and furnishings. The organizations would Volume 83, page 78 have to provide an economic development benefit in the area of education, minority businesses, or be a not-for-profit organization that provides a public benefit. Brookhaven College and the Carrollton-Farmers Branch Independent School District Foundation have expressed interest in receiving the equipment. A company that enters into an agreement with the City for an exemption of sales taxes will be required to pay the City a 1 % administrative fee of the cost of equipment each quarter that a company is donating approved equipment and furnishings to the City. It is anticipated that this program will be utilized as a component of the City's incentive package to encourage additional relocations to the City. If the City Council approves this amendment to the Chapter 380 policy, a sales tax exemption agreement with Chase Global Services will be on the May 15th Council agenda. The Director of Economic Development recommends approval of Resolution No. 2000-071 amending the Comprehensive Policy Statements on Local Economic Development and Business Incentives. Student Councilwoman Mahaffey asked Ms. Nichols how many computers or equipment the City would be receiving in the next four years. Ms. Norma Nichols, Director of Economic Development replied the company anticipates at the end of four years there could be approximately 1500 computers. The company has not estimated the quantity of office furniture. There being no further discussion, a motion by Student Councilwoman Mahaffey, seconded by Student Mayor Webb, all voting "aye," adopted Resolution No. 2000-071 amending the Comprehensive Policy Statements on Local Economic Development and Business Incentives. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2000-071 amending the Comprehensive Policy Statements on Local Economic Development and Business Incentives. D.4 CONSIDER ADOPTING RESOLUTION NO. 2000-078 AUTHORIZING THE EXECUTION OF A CITY-COUNTY AGREEMENT WITH THE COUNTY OF DALLAS TO PROVIDE ASPHALT RESURFACING USING THE COUNTY'S CONTRACTOR AND TAKE APPROPRIATE ACTION. Volume 83, page 79 Student Mayor Webb presented the following information. As part of the 1999-2000 annual resurfacing program, a City-County Agreement has been prepared to utilize Dallas County's asphalt paving contractor to resurface selected streets within the City. The total price is $29.00 per ton plus mileage for a total estimated price of $30.75 per ton. Sections of streets to be resurfaced include Dex, Olin, Enterprise, Gardenbrook, Langland, McEwen, Towerwood, Venture, Bevann, Chaparral, Farmers Branch Lane, Gillis, Golfing Green, Green Acres, Joanna, Keyport, Longmeade, Mapledale, Myra, Rockmartin, Selma, Shahan, Tanglewood, Topaz, Veronica, Welch, and Winterhaven. Approximately 13,500 tons of asphalt will be used at an estimated cost of $415,125. The Street Resurfacing Program is budgeted in the Non- Bond Capital Improvement Fund in the amount of $1,228,000. The resurfacing work will begin in June and take approximately six weeks to complete. The City Engineer recommends adopting Resolution No. 2000-078 authorizing the execution of a City-County Agreement with the County of Dallas to provide asphalt resurfacing using the County's contractor. Mayor Phelps stated for clarification for home viewers that the $415,125 is for resurfacing. Separately, Council has awarded a contract for concrete repairs, and Dallas County will do the roto milling. There being no further discussion, a motion by Student Councilwoman Mahaffey, seconded by Student Mayor Webb, all voting "aye, adopted Resolution No. 2000-078 authorizing the execution of a City-County Agreement with the County of Dallas to provide asphalt resurfacing using the County's contractor. There being no further discussion, a motion by Councilwoman Davis, seconded by Councilman Moses, all voting "aye, adopted Resolution No. 2000-078 authorizing the execution of a City-County Agreement with the County of Dallas to provide asphalt resurfacing using the County's contractor. D.5 CONSIDER ADOPTING RESOLUTION NO. 2000-069 AWARDING SIDEWALK REPAIRS AND CONSTRUCTION AT VARIOUS LOCATIONS TO KEN-DO CONTRACTING AND TAKE APPROPRIATE ACTION. Student Mayor Webb presented the following information. Requests for bids for the 1999-2000 sidewalk repair and construction program were mailed to seven vendors. Two bids were received and opened on April Volume 83, page 80 4, 2000, and both met specifications. The low bid meeting specifications was submitted by Ken-Do Contracting in the amount of $291,000.00. All bids were based on a unit price basis. Total funds in the amount of $336,014.34 are included in the 1999- 2000 budget for this program. Funds in the amount of $164,520.00 are available in the 1999-2000 Public Works operating budget for the sidewalk repair and construction program, and $111,494.34 is available in the Non-Bond Capital Improvement Program for the Rawhide Park Pathway project. Funds in the amount of $60,000.00 are available in the Non-Bond Capital Improvement Program for the conversion of the Don Showman Park track from asphalt to concrete. Staff recommends that the bid for sidewalk repairs and construction at various locations be awarded to Ken-Do Contracting for a total amount not to exceed $285,715.00. The Director of Public Works and the Director of Parks and Recreation recommend adopting Resolution No. 2000-069 awarding the bid for sidewalk repairs and construction at various locations to Ken-Do Contracting for a total amount not to exceed $285,715.00. Mr. John Wells, 13521 Heartside, asked if the Rawhide Pathway Project included the pathway around Rawhide Creek between Josey Lane and Tom Field, both sides of the park, and the bridge crossing. Mr. Mark Pavageaux, Director of Public Works, replied that it does. Mr. Robert Mahaffey, 14003 Stardust stated there are repairs that need to be done on Longmeade and asked after a project is scheduled for repairs, how along it takes for the repairs to be made. Mr. Pavageaux asked Mr. Mahaffey for his address and stated he could give him an approximate time when the repairs would be done. Also when repairs are started they are done throughout the city not just in one area. Mayor Phelps reassured Mr. Mahaffey that Mr. Pavageaux would be getting in touch with him about this matter. Student Councilwoman Mahaffey asked to see an example of the new product that is being used. Mr. Pavageaux showed Council an example of a polyurethane product called Uretek, which is foam based and gave examples of how the Volume 83, page 81 product is used. He stated the City uses it to raise sections of sidewalks and streets that have become depressed. Also, the product is quicker, faster, and sometimes cheaper to use. Student Mayor Webb asked after the hole is filled with Uretek, how long would it take to harden. Mr. Pavageaux replied it will harden in less than an hour and there is minimal disruption to traffic. Mayor Phelps stated this product has been used in several sections of roadways in the City. Student Councilwoman Mahaffey asked where in the City this product has been used and how long it has been there. Mr. Pavageaux replied the first case was used at the intersection of Marsh Lane and LBJ Freeway five years ago with much success. He also stated it has also been used on Valley View Lane east of Webb Chapel and Brookhaven Club Drive. Student Mayor Webb asked if Josey Lane between Fyke to Valwood Parkway would be repaired. Mr. Pavageaux replied that Josey Lane is scheduled to be reconstructed and that the design was presently underway. There being no further discussion, a motion by Student Councilwoman Mahaffey, seconded by Student Mayor Webb, all voting "aye," adopted Resolution No. 2000-069 awarding the bid for sidewalk repairs and construction at various locations. There being no further discussion, a motion by Councilwoman Davis, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 2000-069 awarding the bid for sidewalk repairs and construction at various locations. D.6 CONSIDER APPOINTMENT TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE ACTION. Student Mayor Webb presented the following information. Consider appointments to the School-Community Relations Committee, of the following residents: Pam Silver Volume 83, page 82 Patricia Link There being no discussion, a motion by Student Councilwoman Mahaffey, seconded by Student Mayor Webb, all voting "aye," appointed Pam Silver and Patricia Link to the School-Community Relations Committee. There being no discussion, a motion by Mayor Pro Tern Robbs, seconded by Councilman Walden, all voting "aye," appointed Pam Silver and Patricia Link to the School-Community Relations Committee. D.7 CONSIDER APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION AND APPOINTMENTS TO THE LIBRARY BOARD AND TAKE APPROPRIATE ACTION. Student Mayor Webb presented the following information. The following members of the Planning and Zoning Commission have a term that will expire on May 1, 2000: David Merrit 5/1/00 Stan Armstrong 5/1 /00 Joe Patterson 5/1/00 The following members of the Library Board will expire: Lorraine Blair 5/1/00 Diane Graifemberg 5/1 /00 Gloria Aguilar 5/1/00 Carla McGee 5/1/00 Ruby Neely 5/1/00 There being no further discussion, a motion by Councilman Moses, seconded by Councilman Bird, to postpone this item until the May 15, 2000 City Council meeting. Councilman Walden asked for a vote by show of hands. A motion by Councilman Moses, seconded by Councilman Bird, with Davis, Robbs, Moses, and Bird voting "aye," and Councilman Walden voting "nay", to postpone this item until the May 15, 2000. The motion passed with a 4 to 1 vote. D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Volume 83, page 83 There were no travel reports or requests. D.9 CITIZEN PARTICIPATION. There was no citizen participation. 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 5:21 P.M. AND CONCLUDED AT 6:17 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. CITY OF FARMERS BRANCH - CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT SCHOOL SITE SELECTION. 2. DISCUSS PENDING OR CONTEMPLATED LITIGATION WITH TCI CABLEVISION OF DALLAS, INC. REGARDING PROPOSED RATES FOR 2000-2001. 1 . CITY OF FARMERS BRANCH - CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT SCHOOL SITE SELECTION. 2. DISCUSS PENDING OR CONTEMPLATED LITIGATION WITH TCI CABLEVISION OF DALLAS, INC. REGARDING PROPOSED RATES FOR 2000-2001. Mayor Phelps stated Staff was present to discuss this item with the City Council. E.1 b DISCUSS LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS SALE OF REAL PROPERTY AND CONSTRUCTION OF NEW HOME IN BRANCH CROSSING AT 12950 EPPS FIELD ROAD. 2. DISCUSS LAND ACQUISITION OF PROPERTY BOUNDED BY HUTTON DRIVE, SENLAC DRIVE, ACADEMY LANE, AND PROPERTY ADJACENT TO VALLEY VIEW AND SENLAC DRIVE AND VALLEY VIEW AND HUTTON DRIVE. Volume 83, page 84 Mayor Phelps stated Staff and the City Attorney were present to discuss this item with the City Council. E.2 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported the City Council was updated on litigation and land acquisition. No action was necessary. F.1 ADJOURNMENT. A motion by Student Councilwoman Mary Mahaffey, a second by Student Mayor Tim Webb, all voting "aye", adjourned the City Council meeting of May 1, 2000 at 10:05 P.M. A motion by Councilwoman Davis, a second by Councilman Walden, all voting "aye", adjourned the City Council meeting of May 1, 2000 at 10:05 P.M. 1z ~ Mayor 5 City Secretary Volume 83, page 85