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1998-05-04 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING MAY 4, 1998 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Councilmembers Bob Phelps Charlie Bird Berry Grubbs Bill Moses The following members of the City Council were absent: Mayor Pro Tern Councilmember Calla Davis James Robbs The following members of the City Administration were present: City Manager Assistant City Manager City Attorney City Secretary Communication Director Economic Development Director Director of Community Services Director of Planning City Engineer Traffic Engineer Director of Finance Director of Parks & Recreation Library Director Police Chief Deputy Fire Chief Fleet Superintendent Director of Public Works Assistant to the City Manager Assistant to the City Manager Recording Secretary Richard L. Escalante John F. Burke John Boyle Cindee Peters Donna Huerta Norma Nichols Tom Scales Michael Spicer Jerry Murawski Dave Davis Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Ronnie Inman Dale Whitney Mark Pavageaux Margaret Somereve John Roach Suzanne Reynolds The following member of the City Administration was absent: Assistant City Manager Linda Groomer Mayor Phelps called the City Council Meeting of May 4, 1998 to order at 7:30 P.M. The meeting was televised. Volume 76, page 108 A.1 INVOCATION. Brother Richard Seymour, Minister of Outreach at the Farmers Branch Church of Christ gave the invocation and Councilman Grubbs led the pledge of allegiance to the flag. A.2 PRESENTATION BY MEMBERS OF THE R. L. TURNER POST PROM COMMITTEE. Ms. Jane Taylor member of the R. L. Turner Post Prom Committee thanked the City Council for their support and donations for the Post Prom Party held at the recreation center. MAYOR PHELPS ANNOUNCEMENT Mayor Phelps announced Mayor Pro Tern Davis and Councilmember Robbs would not be present this evening. A.3 RECOGNIZE FIVE GUESTS FROM THE KOREAN ROTARY EXCHANGE GROUP AS HONORARY CITIZENS OF FARMERS BRANCH. Mayor Phelps presented the following information. One Korean Rotarian and four Korean guests of Rotary International are visiting the United States as a part of the Rotary Exchange Program, and are guests of the Rotary Club of Farmers Branch. The group toured City Hall earlier this afternoon. Mr. Rodger Cramer stated this is a group study exchange program that includes a month of activities for the guests from Korea and a total immersion in the American culture and customs. Mr. Cramer introduced the host families and thanked them for all their support. Mayor Phelps recognized the Korean guests and presented them with Honorary Citizen certificates. A.4 CONSIDER PROCLAIMING MAY AS OLDER AMERICANS MONTH IN FARMERS BRANCH. Mayor Phelps invited all senior citizens in the audience to come forward. Mayor Phelps read a proclamation which recognized May as Older Americans' Month in Farmers Branch and presented the proclamation to Mrs. Katie Roberts. A.5 CONSIDER ACCEPTANCE OF A $2,000 DONATION FROM THE FARMERS BRANCH WOMAN'S CLUB TO THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Farmers Branch Woman's Club wishes to make a contribution of $2,000 to the Parks and Recreation Department. The donation is designated by the Woman's Club for deposit in the Youth Scholarship Fund. The fund, supports Farmers Branch youth in non-city sponsored activities. In the last seven years, the Youth Scholarship Program has granted over 400 scholarships Volume 76, page 109 totaling over $16,000. The Program is designed to allow Farmers Branch youths to participate in activities and programs they otherwise might not be able to access. The Farmers Branch Woman's Club has been an outstanding contributor to the City of Farmers Branch over the years and has been involved with direct support for many City programs. The Director of the Parks and Recreation Department recommends accepting the $2,000 donation from the Farmers Branch Woman's Club. Mrs. Jackie Deaton, President of the Farmers Branch Woman's Club, and Mrs. Lynn Chrisman, presented a $2,000 check to the Mayor and Council. Mayor Phelps read a proclamation and presented it to Mrs. Deaton and Mrs. Chrisman. A motion by Deputy Mayor Pro Tem Bird, seconded by Councilman Moses, all voting "aye", accepted $2,000 for the Youth Scholarship Fund from the Farmers Branch Woman's Club and send the appropriate thank you letter. A.6 PRESENTATION OF A CONSERVATION MEDAL AND CERTIFICATE TO JEFF FULLER BY THE DAUGHTERS OF THE AMERICAN REVOLUTION. Ms. Helen Lankford with the Daughters of the American Revolution presented a special medal and certificate to Mr. Jeff Fuller for his efforts in landscaping the City. A.7 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented Mike McCord of the Parks and Recreation Department with a ten year service award. A.8 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.9 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 items that need more time for discussion. Volume 76, page 110 A motion by Deputy Mayor Pro Tem Bird, seconded by Councilman Moses, all voting "aye," approved the following items on the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF APRIL 20, 1998. B.2 ADOPTED RESOLUTION NO. 98-061 ACCEPTING A STREET WARRANTY DEED DONATED TO THE CITY BY BRYAN DAVENPORT FOR IMPROVEMENTS TO ARBORVIEW ROAD WEST OF INWOOD ROAD. Mayor Phelps read the Consent Agenda items to the home audience and home viewers. CA OATH OF OFFICE AND PRESENTATION OF CERTIFICATES OF ELECTION. Mayor Phelps administered the oath of office to Charlie Bird to serve the office of Councilmember, Place 1 and Bill Moses to serve the office of Councilmember, Place 4. Mayor Phelps presented Certificates of Election to Councilmembers Charlie Bird and Bill Moses. C.2 ELECT MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM. A motion by Councilman Moses, seconded by Mayor Phelps, all voting "aye," elected Councilman Bird to serve as Mayor Pro Tem. A motion by Councilman Moses , seconded by Mayor Phelps , all voting "aye," elected Councilman Grubbs to serve as Deputy Mayor Pro Tem. C.3 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 ORDINANCE NO. 2385 AMENDING THE CITY'S 1997-98 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENTS PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. City staff presented City Council with updated operating and Capital Improvements Program (CIP) budget projections as part of the Mid-Year Budget Review on April 14, 1998. Ordinance No. 2385 amends the 1997-98 fiscal year operating budget and the CIP budget to reflect the mid-year budget changes discussed during the Mid-Year Budget Review. This budget amendment includes Volume 76, page 111 expenditure and revenue adjustments made within each operating fund. Additionally, several project additions and enhancements have been made. Each change is consistent with the long-term financial objectives of the City and will permit the City to end the fiscal year in good financial health. City staff recommends the adoption of Ordinance No. 2385 amending the 1997-98 fiscal year operating and CIP budget. There being no further discussion, a motion by Councilman Grubbs, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2385. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 1997-98 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENTS PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. A motion by Councilman Grubbs, seconded by Mayor Pro Tern Bird, all voting "aye," directed staff to prepare an ordinance for the next city council meeting providing for a two cent dividend refund to the tax payers of Farmers Branch. D.2 CONSIDER ADOPTING RESOLUTION NO. 98-064 APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH ALLYN AND COMPANY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Dallas Area Rapid Transit (DART) has initiated a Major Investment Study to plan rail service in the northwest quadrant of their service area, including Farmers Branch. In order to ensure that all parties who would benefit from rail service in the Union Pacific corridor have adequate information and opportunities for involvement in the planning process, and that the City is well prepared with information which may be needed to effectively represent the benefits to the City and the region for rail service. It is recommended that the City obtain independent public policy and public information assistance. The City of Farmers Branch has a vital interest in the implementation of rail transit service in the Union Pacific corridor. Other interests have begun efforts to promote rail service on an alternative corridor, the Burlington Northern, which would not adequately serve the residents of Farmers Branch. The implementation of rail transit service on any route other than the Union Pacific could seriously disrupt the City's plans for development in the Old Farmers Branch area which depends on the location of a rail transit center near the intersection of Valley View Lane and Denton Drive. In 1985 the Citizens approved a bond program which included $1,000,000 in bonds for the purchase of property for the transit center. Instead of selling the bonds, the City has utilized another source of funding to purchase property for the transit center. The City has Volume 76, page 112 budgeted $1,600,000 for the purchase of property and has spent approximately $800,000 to date. City staff has received a proposal from Rob Allyn of Allyn and Company. Rob Allyn is a well respected public policy consultant in the Dallas area who has worked with the City in the past. Mr. Allen's services would be used to ensure that complex technical and policy issues and the Farmers Branch viewpoint on critical decisions regarding rail transit are effectively articulated to citizens and policy makers at DART and elsewhere. Mr. Allyn's fee is based on a monthly rate for five months plus an allowance for additional services. The Traffic Engineer recommends that the City Council adopt Resolution No. 98-064 authorizing a professional services agreement with Allyn and Company in an amount of $34,500 and further authorizes an allowance of $20,000 for additional services for a total contract amount of $54,500. Mayor Phelps stated the City has met with DART representatives and representatives from Las Colinas. He stated there is a movement that could change the rail alignment to go through Las Colinas and he feels the City needed some help on this project. There being no further discussion, a motion by Councilman Moses, seconded by Mayor Pro Tern Bird, all voting "aye," adopted Resolution No. 98-064 authorizing a professional services agreement with Allyn and Company. D.3 CONSIDER ADOPTING RESOLUTION NO. 98-058 APPROVING AN AGREEMENT WITH SHIMEK, JACOBS, AND FINKLEA FOR ENGINEERING SERVICES TO ESTABLISH A THIRD SERVICE AREA WITHIN THE CITY'S WATER DISTRIBUTION SYSTEM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. An agreement has been negotiated with Shimek, Jacobs and Finklea to provide engineering services for improvements needed to create a third service area for the City's water system. The contract amount is in the amount not to exceed $448,337.50. While the City's current water system is adequate to meet water demands today, improvements are needed to meet future water demands due to increased water usage by current customers, changes in peak demand, and new development. The City's Water Distribution System Master Plan, prepared in 1996, recommended that the City construct improvements that create a third pressure plane in the City's water system. Presently, the water system consists of two pressure planes. The improvements that are to be designed under this contract are the improvements needed to create the third pressure plane and include a new pump station with a back-up generator, a new elevated water tank to be located south of IH635 and east of Luna Road, and new water lines to serve the new facilities. The water system projects are being funded Volume 76, page 113 out of the Water Bond Fund, Water Revenue Bond Fund and Non-Bond Utility Fund with a total budget in the 1997-98 Mid-year Budget Amendment of $4,665,000. Funds are available for the design of these improvements. Water Revenue Bonds will be sold to fully fund the construction of the improvements; however, the bonds will not be sold until the improvements are designed and firm cost estimates are available. Water rates are not expected to increase as a result of the bond sale. The City Engineer recommends the adoption of Resolution No. 98-058 approving an agreement with Shimek, Jacobs and Finklea for engineering services in an amount not exceed $448,337.50 to establish a third service area within the City's Water Distribution System. There being no discussion, a motion by Councilman Grubbs, seconded by Mayor Pro Tern Bird, all voting "aye," adopted Resolution No. 98-058 approving an agreement with Shimek, Jacobs and Finklea for engineering services in an amount not exceed $448,337.50 to establish a third service area within the City's Water Distribution System. D.4 CONSIDER ADOPTING RESOLUTION NO. 98-042 APPROVING AN AGREEMENT WITH SHIMEK, JACOBS, AND FINKLEA FOR ENGINEERING SERVICES FOR SANITARY SEWER REPLACEMENT IN THE AREA BOUNDED BY EPPS FIELD ROAD, TOM FIELD ROAD, VALLEY VIEW LANE, FARMERS BRANCH LANE, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Sanitary sewers located in the Redevelopment Area bounded by Epps Field Road, Tom Field Road, Valley View Lane, and Farmers Branch Lane are in need of replacement. Several of the easements in which the sanitary sewers are located no longer drain adequately. Funds for the replacement of two sanitary sewers are provided in the 1997-98 Capital Improvement Program in the amount of $377,000. This work will consist of replacing sanitary sewer lines, relocating fences that encroach in to the easements, regrading the easements to improve drainage, and resodding the easements. The easements in which the work will be performed are between Marietta Drive and Dixiana Drive, and between Dixiana Drive and Epps Field Road. The method of sanitary sewer replacement will be pipe bursting which consists of pulling equipment through the existing sanitary sewer line that breaks the existing pipe and pushes the pipe fragments into the soil around the pipe. New replacement pipe is then pulled behind the equipment. The replacement work will also include relocating existing sanitary sewer lines from beneath three existing homes. An engineering services agreement has been negotiated with Shimek, Jacobs and Finklea, L.L.P. in an amount not to exceed $38,780. The City Engineer recommends adopting Resolution No. 98-042 approving an agreement with Shimek, Jacobs, and Finklea, L.L.P. for engineering services for the sanitary sewer replacement in an amount not Volume 76, page 114 to exceed $38,780. There being no discussion, a motion by Councilman Moses, seconded by Councilman Grubbs, all voting "aye," adopted Resolution No. 98-042 authorizing the execution of an agreement with Shimek, Jacobs, and Finklea, L.L.P. for engineering services for sanitary sewer replacement in an amount not to exceed $38,780. D.5 CONSIDER ADOPTING RESOLUTION NO. 98-060 AWARDING THE BIDS FOR ONE REPLACEMENT HYDRAULIC PAVEMENT BREAKER AND ONE REPLACEMENT HYDRAULIC EXCAVATOR AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 1997-98 Fixed Asset Fund for equipment replacement includes $295,000.00 for one replacement hydraulic pavement breaker and one replacement hydraulic excavator for the Public Works Department. Bids were opened on Monday, April 20, 1998. Six vendors responded with bids. A-1 Rental of Dallas submitted the lowest bid meeting specifications for one hydraulic pavement breaker in the amount of $61,435.00. AIS Continental of Dallas submitted the lowest bid meeting specification in the amount of $225,000.00 for one hydraulic excavator and a bid of $4,115.00 for one optional 48 inch excavating bucket. The total bid amount for the hydraulic excavator and one optional 48 inch excavating bucket is $229,115.00. The total bid amount for both replacement units is $290,550.00. Staff recommends adopting Resolution No. 98-060 awarding the bid for one hydraulic pavement breaker to A-1 Rental and the bid for one hydraulic excavator with one optional 48 inch bucket to AIS Continental for the total amount of $290,550.00. There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 98-060 awarding the bid for one hydraulic pavement breaker to A-1 Rental and the bid for one hydraulic excavator with one optional 48 inch bucket to AIS Continental for the total amount of $290,550.00. D.6 CONSIDER ADOPTING RESOLUTION NO. 98-063 AWARDING THE BID FOR REPLACEMENT OF HEATING, VENTILATION, AND AIR CONDITIONING UNITS FOR VARIOUS CITY FACILITIES TO BROTHERS AIR CONDITIONING AND HEATING AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Bid requests for replacement of heating, ventilation and air conditioning units were sent out on March 17, 1998. The bid is for the purchase and installation of two single roof top units for the Don Showman Recreation Center, four single roof top units for the Manske Public Library and one ground condensing unit for the Old Church in the Farmers Branch Historical Park. Bid packets were mailed to eight vendors and two vendors picked up Volume M, page 115 packets at City Hall. Four bid packets were opened on March 31, 1998 at 2:00 p.m. The low bid meeting specifications was submitted by Brothers Air Conditioning and Heating in the amount of $52,207.00. Funds in the amount of $55,500.00 are available in the 1997-98 fixed asset budget for replacement of the existing units. The Director of Parks and Recreation recommends adopting Resolution No. 98-063 awarding the bid for replacement of heating, ventilation, and air conditioning units for various City facilities to Brothers Air Conditioning and Heating in the amount of $52,207.00. There being no discussion, a motion by Councilman Moses, seconded by Councilman Grubbs, all voting "aye," adopted Resolution No. 98-063 awarding the bid for replacement of heating, ventilation, and air conditioning units for various city facilities to Brothers Air Conditioning and Heating in the amount of $52,207.00. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no travel requests or reports. D.8 CITIZEN PARTICIPATION. Mr. Nick Korba, 13210 Shahan Drive, he would like to report to the Council the building at Brookhaven and Tanglewood Drive has been removed and the Mobil Gas station has been taken care of. Mr. Korba stated he has two other concerns. He asked if a sidewalk could be placed in front of Fire Station No. 2 and explained a huge tree at the southwest corner of Valley View Lane and Webbs Chapel is hanging low and hits vans. He stated it is on private property and he does not know whose responsibility it is but feels it will be dangerous during the next rain storm. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. STUDY SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:55 P.M. AND CONCLUDED AT 7:13 P.M. 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 Volume 76, page 116 1. DISCUSS APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION. 2. DISCUSS APPOINTMENTS TO THE CHARTER REVIEW COMMITTEE. Mayor Phelps and members of the City Council discussed personnel matters. EA b DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE - SECTION 551.072 1. DISCUSS LAND ACQUISITION IN AN AREA BOUNDED BY TOM FIELD, EPPS FIELD AND DANNY LANE, AND TAKE APPROPRIATE ACTION. Mayor Phelps and members of the City Council discussed possible land acquisition. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the appointments to the Charter Review Committee would be postponed until the May 18, 1998 City Council meeting. Mayor Phelps called for necessary action on personnel matters. A motion by Mayor Pro Tern Bird, a second by Councilman Moses, all voting "aye", reappointed Mark Saiter, K. D. Connally, Ruben Rendon, and Stan Armstrong for a term to expire on May 1, 2001. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN EXECUTIVE SESSION. Mayor Phelps called for necessary action on land acquisition. A motion by Councilman Grubbs, a second by Councilman Moses, all voting "aye", authorized City staff to proceed with the purchase of the property addressed as 12939 Epps Field Road in the amount of $65,500.00. A motion by Councilman Grubbs, a second by Mayor Pro Tern Bird, all voting "aye", authorized City staff to proceed with the purchase of the property addressed as 12950 Epps Field Road in the amount of $60,000.00. Volume 76, page 117 F.1 ADJOURNMENT. A motion by Councilman Grubbs, a second by Councilman Moses, all voting "aye", adjourned the City Council meeting of May 4, 1998, at 8:38 p.m. Mayor , r eTM City Secretary 1 Volume 76, page 118