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1998-11-02 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING NOVEMBER 2, 1998 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tern Charlie Bird Councilmembers Calla Davis Bill Moses Jim Robbs The following member of the City Council were absent: Councilmember Berry Grubbs 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 Mathew Boyle City Secretary Cindee Peters Economic Development Director Norma Nichols Director of Community Services Tom Scales Director of Planning Michael Spicer City Engineer Jerry Murawski Director of Equipment Services Don Moore 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 November 2, 1998 to order at 7:35 P.M. The meeting was televised. Volume 79, page 31 A.1 INVOCATION. Mayor Pro Tern Bird gave the invocation and Councilman Moses led the pledge of allegiance to the flag. Mayor Phelps announced that Councilman Grubbs was not in attendance. MAYOR'S ANNOUNCEMENT Mayor Phelps congratulated City Manager Richard Escalante and Assistant City Manager Linda Groomer for receiving a plaque at the International City Manager's Association Conference in Florida. The plaque was for 25 years of service in City Government. A.2 CONSIDER ACCEPTING A DONATION OF $50 FROM THE HARRINGTON SCHOOL TO THE FARMERS BRANCH MANSKE LIBRARY AND TAKE APPROPRIATE ACTION. Mrs. Robin Harrington, owner of The Harrington School, presented a $50 check to the Council. A motion by Mayor Pro Tern Bird, seconded by Councilwoman Davis, all voting "aye," accepted the donation of $50 from The Harrington School and instructed staff to send the appropriate letter. A.3 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.4 REPORT ON STUDY SESSION ITEMS. Mayor Phelps gave a brief summary of the items discussed in Study Session held prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.2. Mayor Phelps stated under the title of 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 Volume 79, page 32 items that need more time for discussion. A motion by Mayor Pro Tern Bird, seconded by Councilman Robbs, all voting "aye," added Agenda Item D.4 and changed effective date from September 4, 1998 to September 10, 1998. A motion by Mayor Pro Tern Bird, seconded by Councilman Moses, all voting "aye," adopted the amended Consent Agenda items. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF OCTOBER 19, 1998. B.2 APPROVED THE SITE PLAN FOR T. WELDON DAVIS FOR AN OFFICE/WAREHOUSE FACILITY LOCATED ON THE EAST SIDE OF DIPLOMAT DRIVE BETWEEN DELEGATE DRIVE AND DIPLOMAT COURT AND WITHIN THE PLANNED DEVELOPMENT NO. 22 ZONING DISTRICT (PD-22). D. 4 ADOPTED ORDINANCE NO. 2433 CHANGING THE EFFECTIVE DATE OF LONE STAR GAS'S PROPOSED RATE CHANGE. AN ORDINANCE CHANGING THE EFFECTIVE DATE OF PROPOSED RATE SCHEDULES FILED BY LONE STAR GAS COMPANY. Mayor Phelps read the Consent Agenda items to the audience and home viewers. CA CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status of various projects and activities in the City. D.1 CONSIDER ADOPTING RESOLUTION NO. 98-143 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH C2 CONSULTING SERVICES TO PROVIDE CABLE TELEVISION CONSULTING SERVICES FOR THE NEGOTIATION OF A NEW CABLE TELEVISION FRANCHISE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch's cable franchise with TCI Cablevision expires on November 8, 2000. It was determined that the City should hire a consultant to assess the cable franchise and assist in the negotiation of a new franchise. Staff sent out requests for qualifications to 32 companies and received 9 proposals. After reviewing the proposals, it Volume 79, page 33 has been determined that C2 Consulting Services, Inc. was found to be the most qualified. The agreement with C2 Consulting will include a review of the current franchise, the franchise fees, performance evaluation, the current cable television services, as well as negotiate a new franchise. The evaluation and review of the technical portion of the system is a separate item on this agenda; however, it is also recommended this portion be performed by C2 Consulting. C2 Consulting's proposal is for a cost not to exceed $36,000 with out-of-pocket expenses not to exceed $4,500. The $40,500 is available in the Non-Departmenal Special Studies account. Staff recommends adopting Resolution No. 98-143 authorizing the City Manager to enter into an agreement with C2 Consulting Services for cable television consulting services for the negotiation of a new franchise. There being no discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 98- 143 authorizing the City Manager to enter into an agreement with C2 Consulting Services for cable television consulting services for the negotiation of a new franchise. D.2 CONSIDER ADOPTING RESOLUTION NO.98-148 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH C2 CONSULTING SERVICES INC. FOR A TECHNICAL REVIEW OF THE CURRENT CABLE TELEVISION SYSTEM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City's franchise with TCI states that in order to assist the City in evaluating the technology and equipment of the system, the City may hire a consultant and that TCI shall reimburse the City for a portion of such consultant up to twelve thousand dollars. As part of the City's cable television franchise renewal C2 Consulting Service Inc. submitted a proposal for overall consulting services for the franchise renewal. TCI has agreed to reimburse the City for the technical review which is only a portion of the total C2 proposal. Since TCI is reimbursing the City for the technical review a separate agreement for that portion is needed. C2 Consulting has stated that the technical review will be for a fee Volume 79, page 34 not to exceed $10,000 with out-of-pocket expenses not to exceed $1,500. TCI will reimburse the City upon completion of the technical evaluation. Resolution No. 98-148 authorizes the City Manager to enter into an agreement with C2 Consulting Services for the technical review of the cable system. The overall consulting services for the franchise renewal is an accompanying item on this agenda. Staff recommends adopting Resolution No. 98-148 authorizing the City Manager to enter into an agreement with C2 Consulting Services for the technical review of the cable television system. There being no discussion a, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 98-148 authorizing the City Manager to enter into an agreement with C2 Consulting Services for cable television consulting services for the negotiation of a new franchise. D.3 CONSIDER ADOPTING RESOLUTION NO. 98-147 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BROCKETTE, DAVIS, DRAKE, INC. FOR DESIGN AND CONTRACT ADMINISTRATION FOR THE KEENAN BRIDGE ROAD SOCCER COMPLEX. Mayor Phelps presented the following information. On September 21, 1998 the City Council approved the agreement with the Lake Highlands Girls Classic League relative to constructing a soccer complex on Keenan Bridge Road. As the first step in the selection process for a design firm, six Requests for Qualifications were sent out, five were returned, and three firms were interviewed. The firm of Brockette, Davis, Drake, Inc. is recommended as the design firm for the project. Brockette, Davis, Drake, Inc. is an engineering firm, which employs a Landscape Architect and has had experience with soccer and other athletic field projects. The proposed contract consists of two phases: Phase I - is the preliminary design and preliminary cost estimate, and Phase II is construction documents and construction administration. Because there has been no engineering work performed on the site nor estimates received for the construction of the soccer complex on Keenan Bridge Road, Phase I will provide surveys, geotechnical studies, and cost estimates for construction. Additionally, staff is Volume 79, page 35 working with a separate consultant to determine if there are wetland and/or migratory bird issues to be dealt with prior to construction. If the preliminary cost estimate is within budget, the project will proceed into Phase II. If the preliminary cost estimate exceeds budget, a determination will be made as to continuing or terminating the project. Staff has negotiated a contract with Brockette, Davis, Drake, Inc. for the entire project, both Phase I and II, for an amount not to exceed $166,800 from Hotel/Motel funds. The Assistant Director of Parks and Recreation recommends adopting Resolution No.98-147 authorizing the City Manager to execute a professional service agreement with Brockette, Davis, Drake, Inc. for design and contract administration for the Keenan Bridge Road soccer complex. There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Councilwoman Davis, all voting "aye, adopted Resolution No.98- 147 authorizing the City Manager to execute a professional service agreement with Brockette, Davis, Drake, Inc. for design and contract administration for the Keenan Bridge Road soccer complex. D.4 CONSENT. D.5 CONSIDER ADOPTING RESOLUTION NO. 98-131 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MOTOROLA FOR RELOCATION AND UPGRADE OF THE POLICE AND FIRE DEPARTMENT RADIO EQUIPMENT TO THE NEW FARMERS BRANCH JUSTICE CENTER; AUTHORIZING THE PURCHASE OF COMPUTER HARDWARE UTILIZING THE STATE OF TEXAS GENERAL SERVICES COMMISSION'S QUALIFIED INFORMATION SERVICES VENDORS; AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Police and Fire Departments will combine dispatching upon the opening of the Farmers Branch Justice Center in December 1998. This will require the relocation of all Motorola radio equipment from the existing Police and Fire Department facilities to the new Justice Center. The Police Department has proposed making upgrades to the radio system during the relocation process to provide PC based radio consoles. Motorola has submitted a proposal in the amount of $35,828.08 for the relocation and upgrade of the Police and Fire Department's radio equipment. Motorola is a single source vendor for sales and service of Motorola radio equipment. Volume 79, page 36 The proposed upgrades to the radio system electronics consist of the addition of new hardware and computer software as a supplement to the electronics currently in use. The purchase of new integrated expansion slot cards for the Motorola central electronics bank in the new computer equipment room will allow the Police and Fire Department's radio systems to be combined into one radio system. The expansion slot cards will allow the installation of a computer interface between the central electronics bank and the PC based radio system in the new communications center. The interface will also eliminate the need for console furniture in the new communications center. In addition, the Police Department will purchase two PC workstations for the communications center, which are needed to operate the radio system. The purchase of the two PC workstations will be made utilizing the State of Texas General Services Commission's Qualified Information Services Vendors for the amount of $4,383.00. The total cost of the project is for the amount of $40,211.08. The amount of $38,500 is included in the 1998/1999 budget for relocation and upgrade of the radio system to the new Farmers Branch Justice Center. The Police Department proposes using an additional $1,711.08 from the Seized Asset Account to complete the relocation and upgrade for a total amount of $40,211.08. The Police Chief recommends approval of Resolution 98-131. Mayor Pro Tern Bird asked if Phase I would be completed in December 1998. Captain Chuck Reeves, Police Department, replied the radio equipment would be moved upon completion of Phase I, which is scheduled for December 1998. There being no further discussion, a motion by Councilwoman Davis, seconded by Mayor Pro Tern Bird, all voting "aye," adopted Resolution No 98-131 authorizing the City Manager to execute a contract with Motorola for relocation and upgrade of the Police and Fire Department's radio equipment to the new Farmers Branch Justice Center, and authorize the purchase of computer hardware utilizing the State of Texas General Services Commission's Qualified Information Services Vendors for a total cost of $40,211.08. D.6 CONSIDER ADOPTING RESOLUTION NO. 98-145 AWARDING A BID TO WICKHAM SUPPLY, INC. FOR AN ANNUAL SUPPLY OF Volume 79, page 37 IRRIGATION PARTS FOR THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Bid requests for an annual supply of irrigation parts for maintenance and repair of existing irrigation systems in the Farmers Branch Park system were sent to five vendors. Four bids were returned and two met specifications. Prices will be honored through November 15, 1999. This package will insure that an adequate supply of irrigation parts will be available for the Parks and Recreation Department throughout the year. All vendors were notified in the specifications that the total low bid would be awarded to the lowest overall bidder. Wickham Supply, Inc. submitted the low bid meeting specifications in the amount of $41,668.89. There is $45,000.00 budgeted for irrigation supplies and contracting of major repairs in the 1998-99 budget. The Director of the Parks and Recreation Department recommends adopting Resolution No. 98-145 awarding a bid to Wickham Supply, Inc. for an annual supply of irrigation parts for the Parks and Recreation Department in the amount of $41,668.89. There being no discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 98- 145 awarding a bid to Wickham Supply, Inc. for an annual supply of irrigation parts for the Parks and Recreation Department. D.7 CONSIDER ADOPTING RESOLUTION NO. 98-146 AWARDING A BID TO GROVES ELECTRICAL SERVICES, INC. FOR ELECTRICAL REPAIRS FOR THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Bid requests for electrical repair services to existing electrical systems, parking lot lighting, security lighting, ballfield lighting, irrigation systems and park lighting throughout Farmers Branch were sent out to seven contractors. Two bids were returned and both met specifications. Prices will be honored through November 15, 1999. This bid package will insure that electrical repair services will be available for City facilities throughout the year. Groves Electrical Services, Inc. submitted the low hourly and overtime rate for both a Journeyman Electrician and an Electrician's Helper and Volume 79, page 38 the low hourly rate for an aerial bucket truck. Groves Electrical Services, Inc. submitted a bid of $19,825.00 based on estimated hours. The Parks and Recreation Department has $20,000.00 budgeted for electrical repair services in the 1998-99 budget. The Director of the Parks and Recreation Department recommends adopting Resolution No. 98-146 awarding a bid to Groves Electrical Services, Inc. for electrical repairs for Parks and Recreation Department in an amount not to exceed $20,000.00. There being no discussion, a motion by Councilwoman Davis, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 98-146 awarding a bid to Groves Electrical Services, Inc., for electrical repairs for the Parks and Recreation Department. D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Phelps stated he attended the Texas Municipal League Conference in San Antonio last week. He attended the general session, and Brian O'Neil, President of National League of Cities, spoke on the proposed federal issues concerning "taking" legislation. Further, he stated the utility and communications industries are trying to become deregulated and deal directly with the federal government and not with state and cities. He also spoke on the tax freedom act in regard to the Internet. Mayor Phelps also stated he attended a session on conflict resolution. He feels with open communications, conflicts with citizens can be resolved in a spirit of cooperation. Councilwoman Davis stated she also attended the Texas Municipal League Conference and attended the 1st Annual Texas Cities International Mobil Workshop. She stated one session that would be helpful was on "Conducting Council Retreats". She stated she felt this conference was good. Mr. Escalante stated he attended the International City Managers Association Conference along with Assistant City Manager Linda Groomer. He stated there were outstanding speakers at the conference and one speaker spoke on the changing roles of city managers and management in general. He also attended a session on telecommunication issues and looked at new products that will be on the market. He stated the city would be looking at the new products for the future. Mr. Escalante stated the conference was very good. Volume 79, page 39 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 4:00 P.M. STUDY SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:20 P.M. AND CONCLUDED AT 7:30 P.M. AND CONVENED FOR THE GENERAL SESSION. TEXAS GOVERNMENT CODE CHAPTER 551 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 PERSONNEL MATTERS -TEXAS GOVERNMENT CODE - SECTION 551.074 1. DISCUSS APPOINTMENT TO THE VALWOOD IMPROVEMENT AUTHORITY. 2. DISCUSS APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS. 3. DISCUSS APPOINTMENT TO THE METROCREST HOSPITAL AUTHORITY. 4. DISCUSS APPOINTMENT OF A CRIMEWATCH DIRECTOR. Mayor Phelps and members of the City Council discussed personnel matters. E.1 b DISCUSS LAND ACQUISITION -TEXAS GOVERNMENT CODE - SECTION 551.071 1. DISCUSS LEASE AGREEMENT WITH TRIANGLE SUPPLY FOR CITY OWNED PROPERTY AT 12705 BEE STREET. Mayor Phelps and members of the City Council did not discuss possible land acquisition. E.1 c DISCUSS PENDING AND CONTEMPLATED LITIGATION -TEXAS GOVERNMENT CODE -SECTION 551.071 1. DISCUSS POSSIBLE LITIGATION WITH TCI CABLEVISION OF DALLAS FOR VIOLATION OF ORDINANCE 2390 AND 2391. Mayor Phelps and members of the City Council discussed possible litigation. Volume 79, page 40 E.1 d RECEIVE STAFF REPORTS -TEXAS GOVERNMENT CODE -SECTION 551.075 1. REPORT FROM CHIEF FAWCETT RELATIVE TO THE CRIMEWATCH PROGRAM AND DIRECTOR. Mayor Phelps and members of the City Council received information concerning the Crimewatch Program. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the appointment to the Valwood Improvement Authority would be postponed until the November 16, 1998 City Council meeting. Mayor Phelps stated the appointments to the Zoning Board of Adjustment and Building Code Board of Appeals would be postponed until the November 16, 1998 City Council meeting. Mayor Phelps called for necessary action on personnel matters. A motion by Councilwoman Davis, a second by Councilman Robbs, all voting "aye", reappointed Jeff Binford to the Metrocrest Hospital Authority with his term expiring December 1, 2000. Mayor Phelps stated the appointment of a Crimewatch Director would be postponed until the November 16, 1998 City Council meeting. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN EXECUTIVE SESSION. Mayor Phelps reported the City Council will be updated by a memo from City Staff. No action was necessary. E.4 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN EXECUTIVE SESSION. Mayor Phelps reported members of the City Council were updated on contemplated litigation. No action was necessary. E.5 CONSIDER NECESSARY ACTION ON STAFF REPORT DISCUSSED IN THE EXECUTIVE SESSION. Volume 79, page 41 Mayor Phelps reported City Council received a report concerning the Crimewatch Program and Director. F.1 ADJOURNMENT. A motion by Councilman Moses, a second by Mayor Pro Tem Bird, all voting "aye", adjourned the City Council meeting of November 2, 1998, at 8:17 p.m. Mayor City Secretary L Volume 79, page 42