Loading...
2000-06-27 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING June 27, 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 Bill Moses Calla Davis Jim Robbs 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 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 Finance Charles Cox Acting Director of Parks & Recreation Jeff Harting 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 June 27, 2000 to order at 7:35 P.M. The meeting was televised. Volume 84, page 25 A.1 INVOCATION. Councilman Robbs gave the invocation and Councilwoman Davis led the pledge of allegiance to the flag. A.2 PRESENTATION TO MAYOR PHELPS FROM BEVERLEY FOSTER OF THE CARROLLTON-FARMERS BRANCH BOYS AND GIRLS CLUB, INC. Beverley Foster, Board President of the Carrollton-Farmers Branch Boys and Girls Club, Inc. presentation Mayor Phelps with a photograph and thanked him for the City's support with the Boys and Girls Club. She also presented the Mayor, Council and City Manager with a T-shirt. A.3 PROCLAIM JUNE 27, 2000 AS STUDENT MENTORING AND TUTORING APPRECIATION DAY IN THE CITY OF FARMERS BRANCH. Mayor Phelps presented the following information. During the past school year, 38 City employees participated in the worthwhile cause of mentoring or tutoring a child. Volunteer involvement complements the City's mission to make an investment in the children of our community, bringing future benefits for Farmers Branch. The schools include R. L. Turner High School, Vivian Field Middle School, Montgomery Elementary, Farmers Branch Elementary and Janie Stark Elementary. Mayor Phelps read employees names and stated department heads would be giving them a certificate for their volunteer involvement with the schools. Margaret Somereve Mark Gorton John Roach Steve Murphy Melody Drake Connie Stewart Norman Reynolds Amy Cooper Theresa Gallagher Laura Cegelski Texx Stewart Maria Dunigan Robert Carrera Erica Moore Kaizer Rangwala Martha Bass Robin Edwards Jim Sellards Mark Villalobos Linda Wright Gayla Bush Rickey Ragan Cary Walker Bryan LaFleur Ariana Adair Eric Kruckenberg Ed Richardson Derek Gibson Jim Shires Jason Shelby Volume 84, page 26 Jerry Duffield Dave Ricketts Lane Henderson Mike Lafon Audie Pope Steve Irick Ricky Garrison James Davis A.4 CONSIDER ACCEPTING A TEXAS BOOK FESTIVAL GRANT AWARDED TO THE MANSKE LIBRARY IN THE AMOUNT OF $2,500 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Manske Library has been awarded a grant in the amount of $2,500 from the Texas Book Festival to purchase large print and Spanish language books. Materials purchased will focus on fiction, including bestsellers, mysteries and westerns as well as humorous and inspirational books. Ms. Mary Jane Stevenson, Library Director stated the grant funds would be used to purchase large print and Spanish language books. A motion by Mayor Pro Tern Moses, seconded by Councilman Bird, all voting "aye," accepted the grant from the Texas Book Festival. A.5 CONSIDER ACCEPTANCE OF A $500 DONATION TO THE FIRE DEPARTMENT AND A $500 DONATION TO THE POLICE DEPARTMENT FROM KERR-MCGEE OIL & GAS ONSHORE LLC, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Kerr-McGee Oil & Gas Onshore LLC has donated $500 to the Fire Department and $500 to the Police Department. The Fire Department will use their money to purchase computer equipment that will enable them to save data to a compact disc and scanner. Both items will be used to prepare public education and training documents. The Police Department will use their donation for training and to purchase physical fitness equipment. A motion by Councilwoman Davis, seconded by Councilman Walden, all voting "aye," accepted the $500 donation to the Fire Department and the $500 donation to the Police Department from Kerr-McGee Oil & Gas Onshore LLC with appropriate thank you letter. A.6 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. Volume 84, page 27 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.5. 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 Moses, seconded by Councilman Robbs, all voting "aye," added items D.1, D.2, D.4, and D.8 to the Consent Agenda. A motion by Mayor Pro Tern Moses, seconded by Councilwoman Davis, all voting "aye," approved the Consent Agenda as amended. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JUNE 5, 2000. B.2 APPROVED MINUTES OF SPECIAL CITY COUNCIL MEETING OF JUNE 12, 2000. B.3 ADOPTED RESOLUTION NO. 2000-100 ACCEPTING A FIRE LANE EASEMENT DONATED TO THE CITY OF FARMERS BRANCH BY TD INDUSTRIES. B.4 ADOPTING ORDINANCE NO. 2549 ABANDONING UTILITY AND FIRE LANE EASEMENTS RELATIVE TO THE VALWOOD DESIGN CENTER ADDITION. AN ORDINANCE ABANDONING TWO UTILITY EASEMENTS AND A FIRE LANE EASEMENT WITHIN VALWOOD DESIGN CENTER ADDITION. B.5 ADOPTED RESOLUTION NO. 2000-108 REJECTING THE BIDS FOR ONE REPLACMENT SIDELOADER REFUSE TRUCK. Volume 84, page 28 D.1 ADOPTED RESOLUTION NO. 2000-101 ENDORSING AN INITIATIVE TO GRANT DART THE AUTHORITY TO ISSUE DEBT FOR PERIODS OF LONGER THAN FIVE YEARS. D.2 APPROVED ORDINANCE NO. 2531 ADOPTING REGULATIONS FOR THE PROTECTION CROSS CONNECTIONS TO THE CITY'S WATER SYSTEM, ESTABLISHING FEES FOR THE REGISTRATION OF BACKFLOW PREVENTION DEVICES AND BACKFLOW PREVENTION DEVICE TESTERS. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS ESTABLISHING A CROSS-CONNECTION CONTROL AND BACKFLOW PREVENTION CODE; ESTABLISHING FEES FOR REGISTRATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF $2,000 PER DAY; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SAVINGS CLAUSE AND; PROVIDING FOR AN EFFECTIVE DATE. D.4 ADOPTED RESOLUTION NO. 2000-107 AWARDING THE BID FOR STREET MARKING INSTALLATION AT VARIOUS LOCATIONS TO A.S.C. PAVEMENT MARKINGS, INC. D.8 APPROVED APPOINTMENT TO DART'S BOARD OF DIRECTORS. D.1 CONSENT. D.2 CONSENT. D.3 CONSIDER ADOPTING RESOLUTION NO. 2000-104 AWARDING THE BID FOR THE SIDEWALKS FOR WEBB CHAPEL ROAD AND THE JUSTICE CENTER TO KEN-DO CONTRACTING AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. There is $316,445 in the 1999-00 DART Local Assistance Program Budget for the construction of sidewalks. The sidewalks to be constructed are along the west side of Webb Chapel Road between Valley View Lane and IH635, and along Marsh Lane and Valley View Lane at the Justice Center. Seven contractors picked up the plans and specifications for this project. Four bids were received and opened on June 13, 2000. The four bids met specifications. The low bid was received from Ken-Do Contracting in the amount of $289,240.00. The contract time is 90 calendar days Volume 84, page 29 for the entire project. Ken-Do Contracting has provided adequate qualifications and references for similar work. The City Engineer recommends adopting Resolution No. 2000-104 awarding the bid for the sidewalks for Webb Chapel Road and the Justice Center to Ken-Do Contracting in the amount of $289,240.00. Councilman Walden asked Mr. Murawski if this would continue the sidewalks from LBJ up to Golfing Green. Councilman Walden stated on the location map there is one solid line up to Valley View and one dotted line from Valley View to Golfing Green. Jerry Murawski, City Engineer replied yes, except for one small section between Maybrook and LBJ. He stated the LBJ area will be widened and will be done as a Congestion Mitigation Air Quality Project. Mr. Murawski stated it is under design now, there are no definite dates for completion but gave the time frame of 18 to 24 months. Mayor Phelps asked about the dotted line between Valley View north to Golfing Green. Mr. Murawski replied the dotted line refers to barrier free ramps and a few driveway approaches that have to be reconstructed. He stated the information is in the back up memo. When the stretch of driveway was done it was done at the same time the State adopted new laws and specifications for barrier free ramps, the City received comments from the State after the project was near completion. Mr. Murawski stated the City needs to be in compliance to meet the State requirements and there are several driveways and barrier free ramps that have to be reconstructed. Mayor Phelps stated the information was on the last paragraph on page 1a. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Bird, all voting "aye," adopted Resolution 2000-104 awarding the bid for sidewalk improvements to Ken-Do Contracting. D.4 CONSENT. D.5 CONSIDER ADOPTING RESOLUTION NO. 2000-105 AUTHORIZING PAYMENT TO LONE STAR PIPELINE COMPANY FOR THE RELOCATION OF A 20-INCH GAS LINE ON LUNA ROAD AND TAKE APPROPRIATE ACTION. Volume 84, page 30 Mayor Phelps presented the following information. The Texas Department of Transportation has completed the construction of a six- lane divided road on Luna Road from north of Royal Lane to south of IH635. The City of Farmers Branch is responsible for utility adjustments prior to improvements to the roadway. Lone Star Pipeline Company had a 20-inch gas line in conflict with the proposed storm sewer. Because the gas line was installed prior to the existence of Luna Road, the Lone Star Gas Pipeline Company is entitled to reimbursement for the actual cost incurred to adjust the gas line. The cost for relocation of the gas line was originally estimated at $163,849. On June 21, 1999 City Council approved a resolution authorizing reimbursement. The gas line has been relocated and the invoice for actual cost has been received in the amount of $180,470.21. The actual costs exceeded Lone Star Pipeline's original estimate because the contractor encountered subsurface conditions that were not expected at the time the estimate was prepared. Funds are available in the DART Local Assistance Program fund. The City Engineer recommends adopting Resolution No. 2000-105 authorizing payment to Lone Star Pipeline Company for relocation of a 20-inch gas line on Luna Road in an amount of $180,470.21. Councilman Walden asked Mr. Murawski if he reviewed the invoice and did an audit to satisfy himself as to the validity of the subsurface conditions that necessitate the increase of cost. Mr. Murawski replied yes and at the time Lone Star Gas contractor went to work they encountered sugar sand which is sand that cannot support itself. He stated the City was called out by the contractor and told the project would cost extra money. The contractor indicated the extra steps, the City monitored, and as a result when the invoice was received it was consistent with what the contractor had provided at the time. Mr. Murawski stated staff feels strongly that the City is not being taken advantage of and at the time the City was notified of the steps the contractor took to mitigate the problems with the sugar sand. Mayor Phelps stated he noticed the gas line was installed in 1949. Mr. Murawski stated the biggest problem was the gas line was installed long before Luna Road was conceived and that is why the City had the obligation to pay for the gas line. Volume 84, page 31 There being no further discussion, a motion by Councilman Walden, seconded by Councilwoman Davis, all voting "aye," adopted Resolution No. 2000-105 authorizing payment to Lone Star Pipeline Company for relocation of a 20-inch gas line on Luna Road in an amount of $180,470.21. D.6 WITHDRAWN. D.7 WITHDRAWN. D.8 CONSENT. D.9 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Pro Tern Moses made a presentation on the Council's recent visit to Farmers Branch's Sister City of Bassetlaw, England; and Garbsen, Germany to celebrate the various anniversaries of the twinning. He stated the City presented Texas flags as gifts. He stated the City received a decanter and a picture, which will be sent at a later date from Bassetlaw. Mayor Pro Tern Moses stated after a brief visit to Berlin the City's delegation visit Schonebeck, Germany a friendship city for a five year celebration. He stated Schonebeck presented a picture that will also be sent at a later date. Councilwoman Davis exhibited a doll presented by Schonebeck who requested that this doll be placed with the doll previously given to the City at the friendship signing five years ago. Mayor Pro Tern Moses stated the City presented Schonebeck with a picture of Texas Bluebonnets. He commented on the changes that have been made in Schonebeck since the Council's last visit. Mayor Pro Tern Moses stated in Garbsen the Council attended the official opening of Farmers Branch platz, which is a street named after the City of Farmers Branch. He stated this was an honor for the City of Farmers Branch. He stated the City was presented with a picture that will be sent at a later date and a wristwatch. The City Council presented Garbsen with a Texas flag and gave a gift to all the elected officials of Bassetlaw, Schonebeck, and Garbsen. Volume 84, page 32 Mayor Pro Tern Moses stated there was a visit by the Mayor from a city in Poland, which presented Farmers Branch with a pen and pencil set. He stated the City presented them with gifts. Councilwoman Davis stated that Mayor Pro Tern Moses did an excellent job filling in for Mayor Phelps who was not able to attend. She commented that she was happy to see 35 Farmers Branch residents also on the trip, which gave them a better idea of the Sister City program. She also gave a review of the traffic calming that is used in Garbsen and hopes the City can use some of their ideas. She stated that in their meetings with the Sister Cities it became evident that the cities share many common problems. Councilwoman Davis commented that they met many elected officials from all over the world at the EXPO. She stated she had several discussions with her host family concerning the City's tax rebate program. She once again stated what an excellent job Mayor Pro Tern Moses did. She was presented with some books from Garbsen and would be giving them to the Manske Library. City Manager Richard Escalante stated that in Bassetlaw they discussed the delivery of services to citizens, contracting for services and a proposed professional exchange in Bassetlaw. Mr. Escalante stated this trip was an excellent exchange of ideas. He commented on fire service activity that was viewed in Garbsen and some equipment that the City of Farmers Branch may be interested in using. Councilwoman Davis stated that Garbsen will subsidize a recreation center to a private company for their citizens. Mayor Phelps thanked Mayor Pro Tern Moses for doing an excellent job since he was unable to attend. D.10 CITIZEN PARTICIPATION. Mr. Ray McDowell, 3525 Courtdale Drive, had several comments to make. (1) He stated he received a water bill indicating he consumed 25,000 gallons of water. He stated he called the City to have them reread his meter and when the notice was put on his door it did not have a signature. He did not know whom to call back to receive a new water bill. (2) He stated when it rains the sanitary sewer at the corner of Janlyn and Templeton floods and this puts contamination into the creek. He suggested when it rains, the lid needs to be pulled up and Volume 84, page 33 see where the water is coming from. (3) He stated the cable at his home has not been working. (4) He commented on item D.2 the "Cross Connection Sprinkler Systems." He stated the double checks that are 15 years old should be checked because those with rubber seats could contaminate the City's drinking water. Mayor Phelps stated someone would be getting with Mr. McDowell on these issues. Mrs. Elsie Cantrell, 2513 Avenel Drive, stated she had several questions for the Council. (1) She asked what happened to the no parking signs at Bee Street on Valwood and at Josey and Valwood, she feels there is a major traffic problem. (2) She stated she would like to know the laws for bicycle riders. (3) She asked about the ordinances for trash and cleaning up the yards. She stated she feels that Farmers Branch is changing and citizens are not aware of some of the ordinances. She reiterated that her major concern is the traffic on Bee Street. Mayor Phelps stated someone would be getting in contact with Mrs. Cantrell. Bill Sheveland, 3185 Golden Oak, stated he had a couple of personal thanks for the City, City Council and staff. (1) He thanked the City Council, staff, and Texx Stewart for their support in helping the Boys and Girls Club get use of the building next to the Rec Center. He stated there is a big demand for a Boys and Girls Club for the children in Farmers Branch. (2) Mr. Sheveland gave his testimony praising the Parks and Recreation department for the well-maintained parks. He stated his daughter started playing soccer at the Farmers Branch parks when she was five years old. She will now attend the Naval Academy on a soccer scholarship and when her name is in the program, Farmers Branch will be listed not Dallas. He again thanked the City and staff for the City's excellent parks. 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 6:51 P.M. AND CONCLUDED AT 7:25 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. Volume 84, page 34 E.1 a DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074 1. DISCUSS COMPENSATION FOR MUNICIPAL COURT JUDGES. Mayor Phelps explained Staff discussed compensation for municipal court judges with the City Council. E.1 b DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS PURCHASE, SALE, LEASE, OR EXCHANGE OF PROPERTY OWNED BY THE CITY OF FARMERS BRANCH AND PROPERTY OWNED BY THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT FOR SCHOOL SITE LOCATIONS AND TAKE APPROPRIATE ACTION. 2. DISCUSS SALE OR TRADE OF PROPERTY BOUNDED BY ROSSFORD, DENTON DRIVE, VALLEY VIEW LANE, AND 13303 DENTON DRIVE AND TAKE APPROPRIATE ACTION. 3. DISCUSS PURCHASE OF PROPERTY LOCATED AT 2425 VALLEY VIEW LANE AND TAKE APPROPRIATE ACTION. Mayor Phelps stated Staff discussed these items with the City Council. E.2 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the City Council was updated on personnel matters and land acquisition. No action was necessary. F.1 ADJOURNMENT. A motion by Councilman Bird, a second by Councilman Robbs, all voting "aye", adjourned the City Council meeting of June 27, 2000 at 8:33 P.M. ayor City Secretary Volume 84, page 35