City of Farmers
Branch
City Council
Regular Meeting Agenda
City Hall Plaza
13000 William
Dodson Parkway
Farmers Branch,
Texas
Monday, October
27, 2003
7:30 P.M.
The following
members of the City Council were present:
Mayor
Bob Phelps
Mayor Pro Tem
Paul Walden
Councilmembers
Charlie Bird
Ben Robinson
Junie Smith
The following
members of the City Council were absent:
The
following members of Administration were present:
Interim City Manager
John Burke
Assistant City Manager
Linda Groomer
City Secretary
Cindee Peters
Assistant to the City Manager
Margaret Somereve
Assistant to the City Manager
John Roach
City Attorney
John Boyle
Fire Chief
Kyle King
Police
Chief Jim
Fawcett
Library Director
Mary Jane Stevenson
Director of
Communications Tom
Bryson
Director of
Public Works Mark
Pavageaux
Director of
Community Services
Michael Spicer
Director of
Equipment Services Don
Moore
Director of Parks and Recreation
Jeff Fuller
Recording Secretary Suzanne Reynolds
A motion by
Councilman Bird, seconded by Councilman Robinson, all voting “aye,” excused
Deputy Mayor Pro Tem Moses’ absence.
Mayor Phelps called the City
Council meeting of October 27, 2003 to order at 7:35 p.m.
The meeting was televised.
A.1
INVOCATION AND PLEDGE OF ALLEGIANCE.
Mayor
Phelps gave the invocation and led the pledge of allegiance.
A.2
CONSIDER ACCEPTING SAFEWAY COMPANY GIFT CARD FROM THE TEXAS CREDIT UNION
LEAGUE FOR THE FIRE DEPARTMENT AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. On September
11, 2003, representatives of the Texas Credit Union League brought a $125
Safeway Company gift card to Fire Station No. 2 as an expression of thanks to
the Farmers Branch firefighters for their service.
The card can be used at several grocery stores including Tom Thumb.
This gift card will be used to
purchase grocery staples such as oil, flour and spices.
These items are normally purchased by the firefighters monthly after
money is collected from each firefighter. The
gift card will benefit all firefighters.
A motion by Mayor Pro Tem Walden,
seconded by Councilwoman Smith all voting “aye,” accepted the $125 Safeway
Company gift card from the Texas Credit Union League for the purchase of grocery
staples for all of the firefighters, with appropriate thank you letter to be
sent.
A.3 CONSIDER ACCEPTING HISTORICAL PARK DONATIONS FOR THE THIRD QUARTER 2003 AND TAKE APPROPRIATE ACTION.
Ron Doerler, Chairman of the
Historical Preservation and Restoration Board, was present to recommend the
following items for Council approval.
·
Vintage 1950s Girl Scout uniforms with caps and Girl Scout pins
and patches from Ms. Mary Kerr of Farmers Branch, TX.
·
Boxes of prehistoric archaeological materials collected in and
around Farmers Branch with field notes and documentation from Mr. and Mrs. Paul
Lorrain of Coppell, Texas.
·
Prehistoric archaeological materials from Farmers Branch including
arrows, points, drills, paleo-Indian implements from the estate of Frank LaRue
Jr. from Ms. Dorothy LaRue of Athens, TX.
·
Late 19th century portable dish forge, blower, tongs
and miscellaneous blacksmithing items from Mr. Carlos Mendez of Coppell, TX.
·
Photographs from the 19th and early 20th century,
1888 Farmers Branch report cards, and historical materials from the estate of
Margaret Johnson from the Denton County Courthouse-on-the-Square Museum in
Denton, TX.
·
Photographs from the 19th century, family Bible and
certificate related to the Hopper Family of Elwood, Texas from Ms. Mary Jo
Phillips of Farmers Branch.
A motion by Councilman Robinson,
seconded by Councilman Bird, all voting “aye,” accepted the third quarter
donations to the Historical Park, with appropriate thank you letter.
A.4
RECOGNITION OF THE TEXAS ASSOCIATION OF GOVERNMENTAL INFORMATION
TECHNOLOGY MANAGERS - MOST INNOVATIVE USE OF TECHNOLOGY AWARD FOR THE CITY OF
FARMERS BRANCH AUTOMATED AGENDA MANAGEMENT SYSTEM.
Mayor Phelps presented the following information.
The Texas Association of Governmental Information Technology Managers,
TAGITM, is an information systems professional organization that provides a
forum for generating ideas, sharing problems, and developing solutions.
The association’s main objective is to enable cities, counties, schools
and appraisal districts within Texas to realize the full potential of automation
benefits. The association currently
has over 200 cities, counties, appraisal districts and school districts as part
of their membership program.
Nancy Bauer, Vice President of the
Texas Association of Governmental Information Technology Managers, stated during
the annual conference in May, the association presented the City of Farmers
Branch and Hong Sae, Director of Information Services, with the “Most
Innovative Use of Technology” award for the City’s automated agenda
management system, which has received a U.S. copyright.
A.5
PRESENTATION OF FIRST PLACE TROPHY FOR THE 14TH ANNUAL METROPLEX PARKS
EQUIPMENT RODEO TO TEAM FARMERS BRANCH.
Mayor Phelps presented the
following information. Representatives
from the Farmers Branch Parks and Recreation Department won First Place at the
Metroplex Parks Equipment Rodeo. The
14th annual competition was hosted by the City of Denton in
conjunction with the Texas Recreation Park Society Regions 2 and 3.
Nineteen area cities participated in the event.
TEAM Farmers Branch won first place with 30 points—a decisive lead over
Fort Worth, the second place team.
Mayor Phelps presented the team
members with the trophy and introduced team members Aaron Brooks, Jose Cruz,
Apolonio Cuardros, Tony Derrick, Earl Marett, Mark Moffeit, Kerry Peacock, Kerry
Phillips, Ross Pittman, and Manuel Soto.
Farmers Branch will host the 2004
competition and keep the trophy for one year.
A.6
PRESENTATION OF SERVICE AWARD.
Mayor Phelps presented a 15-year
employee service award to Manuel Soto of the Parks and Recreation Department.
A.7
RECOGNITION OF EQUIPMENT SERVICES DIRECTOR DON MOORE IN RECEIVING AWARD
FROM CARROLLTON-FARMERS BRANCH SCHOOL DISTRICT.
Mayor Phelps presented the
following information. During the
past year, Equipment Services Director Don Moore served on the R.L. Turner High
School National Automotive Technical Education Foundation, or NATEF, Advisory
Committee. He served on the
committee along with representatives of Van Chevrolet, Trophy Nissan, Toyota of
Dallas, John Roberts BMW, and Leadership Ford.
The advisory committee was formed
to identify career and technology automotive education program needs for the
school district and Turner High School, to help identify and assess labor market
requirements, to advise on the establishment and maintenance of automotive
education programs, and to assist in the development of long-range goals for
automotive education in the district. The committee also assisted in developing standards for
educational facilities and developing curriculum, as well as assisting in
reviewing legislation affecting Career and Technology Education.
The R.L. Turner High School Automotive Technician program was awarded the
NATEF certification in August 2003, due largely to the contributions of this
professional advisory committee.
Mayor Phelps stated at the
Carrollton Farmers Branch ISD Board of Trustees meeting held September 11, 2003,
the Board recognized Don Moore and presented him with a certificate for his
contributions to the committee and for the success the committee contributed to
Turner’s NATEF certification.
A.8 RECOGNITION OF JEFF FULLER - NRPA PROFESSIONAL EXCELLENCE AWARD.
Mayor Phelps presented the
following information. Jeff Fuller
has been the Director of the Parks and Recreation Department for 14 of his 17
years with the City of Farmers Branch. During
the 2003 National Recreation and Park Association Citizen-Board Member national
awards ceremony, Jeff received the Professional Excellence Award.
This award is presented annually to one person in the country for
outstanding work and accomplishments in the field of parks and recreation.
The members of the Farmers Branch
Parks and Recreation Board nominated Jeff for this award in recognition of his
many accomplishments in the Farmers Branch Parks and Recreation Department.
Jeff has been effective in working with the public, the City Council, and
the Parks and Recreation, Historical Preservation and Restoration, and the
Senior Advisory Boards. He has
compiled a long series of contributions to the City and its residents, and has
envisioned, implemented, and managed the level and quality of services provided
by his department.
Jeff Fuller has many
accomplishments during his tenure with the City of Farmers Branch.
Also speaking in recognition of
Mr. Fuller’s accomplishments were Parks and Recreation Board Chair Margaret
Young, John Burke, Linda Groomer, and resident John Wells.
A.9
PRESENTATION OF BOARD APPLICATIONS.
There were no applications presented.
A.10
REPORT ON STUDY SESSION ITEMS.
Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting.
B.0
CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION.
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 Tem Walden, seconded by Councilwoman Smith, all voting “aye,” removed
agenda item B.2 from the Consent Agenda.
A motion by Mayor
Pro Tem Walden, seconded by Councilwoman Smith, all voting “aye,” approved
the Consent Agenda as submitted.
B.1 APPROVED
OF MINUTES OF CITY COUNCIL MEETING OF OCTOBER 13, 2003.
B.2
REMOVED FROM CONSENT AGENDA.
B.3 ADOPTED RESOLUTION NO. 2003-135 AUTHORIZING THE CITY MANAGER TO PURCHASE MOBILE DATA COMPUTER SYSTEMS AND INSTALLATION SERVICES FROM L&E MOBILE COMPUTER MOUNTS, INC. FOR THE POLICE DEPARTMENT UTILIZING THE STATE OF TEXAS CATALOG PURCHASING PROCEDURES FOR AUTOMATED INFORMATION SYSTEMS.
B.2
CONSIDER AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE
FOLLOWING ORGANIZATIONS FOR FUNDING AS PROVIDED IN THE 2003-04 BUDGET AND TAKE
APPROPRIATE ACTION.
A.
SENIOR ADULT SERVICES
B.
METROCREST CHAMBER OF COMMERCE
C.
METROCREST SOCIAL SERVICE CENTER
D.
SPECIAL CARE AND CAREER SERVICES
E. FARMERS BRANCH CHAMBER OF COMMERCE
Mayor Phelps presented the
following information. Agreements
have been prepared for the organizations that are funded in the 2003-04 budget.
Generally the agreements are similar to the 2002-03 agreements, with
financial reporting requirements on a quarterly basis, where appropriate, and
submission of a fiscal year financial statement prepared by a certified public
accountant.
Staff recommends the agreements be
approved.
Mayor Pro Tem
Walden reviewed budget and staffing reductions over the past two years and
expressed concern that the $155,000 designated for contracting with the five
listed organizations would be better spent on basic city services.
Councilman Bird
stated the budget for the grants had been reduced this year, and reviewed the
services that the organizations provide to the community. He
stated he feels it is the citizens’ and officials’ responsibility to help
the five organizations and expressed his support for the contracts.
Following further discussion, it
was moved by Mayor Pro Tem Walden not to authorize agreements with the following
organizations: Senior Adult Services, Metrocrest Chamber of Commerce, Metrocrest
Social Service Center, Special Care and Career Services Farmers.
The motion died for lack of a second.
It was moved by Councilman Bird,
seconded by Councilman Robinson, to authorize the City Manager to execute
agreements with the following organizations:
Senior Adult Services, Metrocrest Chamber of Commerce, Metrocrest Social
Service Center, Special Care and Career Services, Farmers Branch Chamber of
Commerce, with Councilmembers Smith, Bird, and Robinson voting “aye,” and
Mayor Pro Tem Walden voted “nay.” The
item passed with a three to one vote.
C.1
CITIZEN PARTICIPATION.
There was no citizen participation.
C.2
PUBLIC HEARING: CONSIDER THE SPECIFIC USE PERMIT REQUEST BY SEAN KEENAN ON
BEHALF OF CINGULAR WIRELESS FOR COLLOCATION OF THREE ADDITIONAL CELLULAR ANTENNA
PANELS TO BE MOUNTED ON AN EXISTING 50-FOOT TALL MONOPOLE TOWER LOCATED AT 12411
TEMPLETON TRAIL; CONSIDER APPROVAL OF ORDINANCE NO. 2745; AND TAKE APPROPRIATE
ACTION.
Mayor Phelps presented the
following information. The Chapel
Hill Methodist Church property includes an existing 50-foot tall monopole tower
that currently supports three antenna panels for Cingular Wireless.
The applicant proposes to replace
the existing three panels with three smaller panels, and mount three additional
panels lower on the tower. The
equipment enclosure area, fence, and landscaping will be modified accordingly to
accommodate an additional equipment cabinet.
The proposed antenna system
complies with all one family residence-6 and office zoning district standards.
The Planning and Zoning Commission unanimously recommends approval of the
requested Specific Use Permit and associated site plan with the following
condition:
The owner(s) of the existing
monopole and the antenna system(s) mounted on the monopole shall remove their
respective antenna system(s) and all appurtenances including the monopole and
any associated equipment buildings or cabinets within ninety (90) days
subsequent to such time that the antennas and/or monopole become obsolete and/or
the use is abandoned.
Mayor Phelps opened the public hearing.
Francis Dobbs with Wireless Facilities, Inc.
representing Cingular Wireless, gave a brief description of the antennas
and locations.
A motion by Councilman Robinson,
seconded by Mayor Pro Tem Walden, all voting “aye,” closed the public
hearing.
There being no further discussion,
a motion by Mayor Pro Tem Walden, seconded by Councilwoman Smith, all voting
“aye,” adopted the following captioned Ordinance No. 2745.
AN ORDINANCE
OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE
PERMIT TO ALLOW collocation
of three additional cellular antenna panels to be mounted on an existing 50-foot
tall monopole tower ON
A 4.0 ACRE TRACT AT 12411 TEMPLETON TRAIL, WITHIN THE OFFICE AND RESIDENTIAL-6
ZONING DISTRICTS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR
INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE.
D.1
CONSIDER ADOPTING RESOLUTION NO. 2003-141 SUPPORTING DALLAS CHRISTIAN
COLLEGE'S REQUEST FOR AN ALTERNATIVE TEACHER CERTIFICATION PROGRAM AND TAKE
APPROPRIATE ACTION.
Mayor Phelps presented the
following information.
Mayor Phelps stated Dallas
Christian College is asking for the City’s support in their application for an
Alternate Teacher Certification Program. He
stated the Farmers Branch Chamber of Commerce and the school are in support of
this certification program and he requests that the Council also support this
program.
There being no discussion, a
motion by Councilman Bird, seconded by Councilman Robinson, all voting
“aye,” approved Resolution No. 2003-141 supporting Dallas Christian
College's request for an alternative teacher certification program.
D.2 CONSIDER ADOPTING RESOLUTION NO. 2003-129 APPROVING ECONOMIC DEVELOPMENT PROGRAM CRITERIA FOR CITY-OWNED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF GOLFING GREEN DRIVE AND JOSEY LANE, AND CITY-OWNED PROPERTY AT 13200 NESTLE STREET, FARMERS BRANCH, TEXAS AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. The City of
Farmers Branch currently owns an approximate one-acre tract of land at the
southwest corner of Golfing Green Drive and Josey Lane, and a single-family
residential tract at 13200 Nestle Street.
The Golfing Green property is
adjacent to existing duplex development and commercial property, and is across
the street from Rawhide Park. The
proposed use of the property is for new townhome development.
The property would have to be rezoned to allow the construction of
townhomes.
The Nestle property is in a
single-family residential area, and the proposed use for the site is new
single-family residential construction. The
property would not have to be rezoned.
The City is interested in offering
these properties for sale for the development of new residential construction on
the lots. It is anticipated that
the sale of these properties would be done through separate requests for
proposals, similar to the process in which City-owned properties in Branch
Crossing were sold.
In order to provide a catalyst to
encourage residential developers to build new residences in these areas, the
City is interested in offering these lots for sale through a negotiated sale
procedure by means of separate requests for proposals.
City-owned property is normally sold under a sealed bid process. The
negotiated sale procedure is consistent with the City’s Comprehensive Policy
Statement on Local Economic Development and Business Incentives that provides
for the sale and conveyance of certain City-owned property through a negotiated
sale to promote economic development. Economic
development program criteria for the site is required in order to sell
City-owned property under this program.
There being no discussion, a
motion by Mayor Pro Tem Walden, seconded by Councilwoman Smith, all voting
“aye,” adopted Resolution No. 2003-129 approving economic development
program criteria for City-owned property located at the southwest corner of
Golfing Green Drive and Josey Lane, and City-owned property at 13200 Nestle
Street, Farmers Branch.
D.3
CONSIDER ADOPTING ORDINANCE NO. 2744 AMENDING THE EXISTING ELECTRIC
FRANCHISE WITH ONCOR ELECTRIC DELIVERY COMPANY AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. The Texas
Legislature deregulated the electric market in 1999, allowing customers to
choose their electric provider. The
electric company’s franchise fees paid for use of the City’s rights-of-way
were previously calculated based on a percentage of gross revenues.
Because of changes in the law, the new basis for calculating franchise
fees was changed to a set rate or factor per kilowatt.
The transmission and distribution company, known as Oncor, now pays based
on the new calculation of franchise fees, which is called a factor. The new
calculation factor was determined using the sum of all kilowatts sold in Farmers
Branch divided by the total franchise fee payment for the calendar year 1998.
Oncor began payment under this new method January 1, 2002.
The City received its annual
franchise fee payment check based on the new factor calculation from Oncor on
April 30, 2003 for calendar year 2002.
The payment was $1.3 million less than the previous year’s payment.
Staff contacted Oncor to review the records, and Oncor found that they
had miscalculated the factor for 1998. The
City then received a check from Oncor for an additional $719,000.
C2 Consulting was hired to review all records and verify that the new
factor was correct and that all money due to the City was paid. C2 Consulting found that Oncor’s new factor was correct and
that they had paid the City correctly. The
remaining $400,000 decrease in franchise fees was primarily a result of several
industrial customers in Farmers Branch moving out of the City and the resulting
decrease in kilowatts sold.
Ordinance No. 2744 amends the
City’s electric franchise to reflect the recalculated kilowatt charge factor
for electricity delivered by Oncor to customers in Farmers Branch.
Staff recommends adopting
Ordinance No. 2744 amending the existing electric franchise to correct the
franchise fee factor.
There being no further discussion,
a motion by Councilman Robinson, seconded by Mayor Pro Tem Walden, all voting
“aye,” adopted the following captioned Ordinance No. 2744 amending the
existing electric franchise to correct the franchise fee factor, with additions
to Section 2 to include “within the City’s municipal boundaries.”
AN ORDINANCE AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY AND
ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A DIFFERENT PAYMENT FACTOR;
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ONCOR ELECTRIC DELIVERY
COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS
PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
D.4
CONSIDER ADOPTING RESOLUTION NO. 2003-142 TERMINATING THE AWARD OF THE
CONTRACT TO ICE CONTRACTORS, INC. FOR THE ASBESTOS ABATEMENT AND BUILDING
DEMOLITION AT 12700 N. STEMMONS AND 12800 N. STEMMONS AND AWARDING THE CONTRACT
TO LINDAMOOD CONSTRUCTION CO., INC. AND TAKE APPROPRIATE ACTION.
Mayor Phelps presented the
following information. The
properties at 12700 and 12800 N. Stemmons Freeway were acquired by the City of
Farmers Branch in the spring of 1999 and are being prepared for demolition.
The long-term goal of the purchase was to affect a redevelopment of the
area around the adjacent site of the future DART light rail station.
On September 22, 2003 the City Council adopted Resolution No. 2003-105
authorizing the City Manager to enter into an agreement with Centex Construction
Company to build a new Dr Pepper Star/Conference Center on the property. At the same Council meeting the City Council also adopted
Resolution No. 2003-086 authorizing the City Manager to enter into an agreement
with the Dallas Stars for a 25-year ground lease at the facility.
In order to prepare both of the
properties for development, the demolition of the buildings on the sites in a
timely manner is necessary. In
addition, both buildings must have asbestos-containing materials removed prior
to demolition.
In August 2003, invitations to bid
were sent to eighteen asbestos abatement and demolition contractors.
Six bids were received and opened on August 27, 2003.
All bids met specifications. The
low bid for the base bid items was received from ICE Contractors, Inc. in the
amount of $139,200. Four
add-alternate items were also bid for a total of $6,000, for a total bid amount
of $145,200. ICE Contractors submitted a bid security in the amount of
$7,500. On September 8, 2003 the
City Council awarded the bid to ICE Contractors, Inc. by Resolution No.
2003-108.
ICE Contractors notified staff
that the company was having difficulty executing the contract documents due to
difficulty in obtaining performance and payment bonds.
On October 16, 2003 staff notified ICE Contractors, Inc. in writing that
if the City did not receive the executed contract documents, performance and
payment bonds, and required certificates of insurance by 12:00 noon October 22,
2003, that staff would recommend that the City Council take action at the City
Council meeting of October 27, 2003 to declare the contract null and void and
that the bid security be retained. ICE
Contractors did not provide the required documents by the deadline.
The City will retain the bid security.
A representative from ICE Contractors may wish to address the Council
regarding this item.
Lindamood Construction Co., Inc.
was the second lowest responsible bidder meeting specifications in a base bid
amount of $147,500. Two
add-alternate items were also bid for a total amount of $2,000, for a total bid
amount of $149,500. The contract
time is 45 calendar days. The
contractor has indicated that they can be underway quickly.
There are funds totaling $275,000
available in the Hotel Motel Bond and Non Bond Convention Center Funds for
asbestos abatement and building demolition at these properties.
There being no discussion, a
motion by Councilmember Bird, seconded by Councilman Robinson, all voting
“aye,” adopted Resolution No. 2003-142 terminating the award of the contract
to ICE Contractors, Inc. for Asbestos Abatement and Building Demolition at 12700
N. Stemmons and 12800 N. Stemmons Freeway, and awarding the contract, including
the add-alternates, to the second lowest responsible bidder, Lindamood
Construction Co., Inc. in the amount of $149,500.
D.5
CONSIDER ADOPTING RESOLUTION NO. 2003-136 AWARDING THE BID FOR THE
FARMERS BRANCH COMMUNITY RECREATION CENTER LANDSCAPING AND IRRIGATION
ENHANCEMENTS TO METROPLEX GARDEN DESIGN LANDSCAPING, LP AND TAKE APPROPRIATE
ACTION.
Mayor Phelps presented the
following information. The
construction of the Farmers Branch Community Recreation Center is budgeted in
the 2003-2004 Capital Improvement Program Non-bond Fund in the total amount of
$8,900,000. The scope of the
project includes the construction of the new center, demolition of the old
recreation center, and site improvements. The
grand opening of the new building is scheduled for January 10, 2004.
On October 6, 2003, eight bids
were opened and received for the Recreation Center landscape and irrigation
enhancements. Seven of the eight
bids received met specifications. One
bid submitted by Sprinkle N Sprout, did not acknowledge the receipt of the one
and only addendum. The addendum
contained substantive information that would significantly affect the unit
prices of two of the bid items. Consequently, the bid did not meet
specifications and was not considered. The
low bid meeting specifications was received from Metroplex Garden Design
Landscaping, LP in the amount of $135,568.60. Metroplex
Garden Design Landscaping, LP has provided adequate references for similar work.
There are sufficient project funds in the project budget for the landscape and
irrigation enhancements.
The landscape and irrigation
enhancements will be installed in two phases.
The first phase is the installation of the landscape and irrigation
improvements around the new building with completion in time for the grand
opening. The second phase is the
installation of the remainder of the landscape and irrigation enhancements,
which will be located where the old recreation center is located. The second
phase will commence after the old recreation center is demolished and the
remainder of the parking lot is completed.
The total contract time for completion of the landscape and irrigation
enhancements for both phases is 120 calendar days.
There being no discussion, a
motion by Councilman Robinson, seconded by Councilwoman Smith, all voting
“aye,” adopted Resolution No. 2003-136 awarding the bid for Farmers Branch
Community Recreation Center landscape and irrigation enhancements to Metroplex
Garden Design Landscaping, LP in the amount of $135,568.60.
D.6 CONSIDER APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD, THE METROCREST HOSPITAL AUTHORITY, ZONING BOARD OF ADJUSTMENTS AND BUILDING CODE BOARD OF APPEALS, AND VALWOOD IMPROVEMENT AUTHORITY, AND TAKE APPROPRIATE ACTION.
A motion by Councilman Bird,
seconded by Councilman Robinson, all voting “aye,” appointed Rebecca
Crawford to the Historical Preservation and Restoration Board.
A motion by Councilwoman Smith,
seconded by Councilman Robinson, all voting “aye,” appointed Jim Robbs to
the Metrocrest Hospital Authority Board of Directors.
A motion by Mayor Pro Tem Walden,
seconded by Councilman Bird, all voting, “aye,” reappointed Bruce DeGrasse,
Robert Schies, Phil Sizer, and Fred Sawyer to the Zoning Board of Adjustment and
Building Code Board of Appeals.
D.7
CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION.
John Burke Interim
City Manager stated he traveled to St. Louis on Thursday, October 23rd
to attend the National Recreation and Park Association Awards Ceremony honoring
Jeff Fuller, Director of Parks and Recreation.
He reported; he attended several educational sessions.
D.8
PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS.
Councilman Robinson
stated he attended the Senior Center activity on Thursday, October 23rd,
which included a successful flu shot program.
Councilwoman Smith
stated she attended the Autumn Branch Event at the Historical Park on Saturday
October 25th, which was a successful event.
Mayor Phelps stated
on October 14th he attended the Metroplex Mayors meeting.
On October 17th he and Interim City Manager John Burke
attended a luncheon honoring former City Manager Richard Escalante who was named
Public Administrator of the Year by the North Texas Chapter of the American
Society of Public Administration. On
October 18th at 8:30 a.m. he attended the Carrollton Country Fair
Parade with Woman of the Year Judy Byrd. At
3 p.m. he presented a proclamation to Carol Shelby who operates a new business
in Farmers Branch.
MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE
EXECUTIVE SESSION WERE DISCUSSED IN THE 5:00 P.M. WORK SESSION.
MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION
AT 6:01 P.M. AND THEN CONCLUDED AT 7:21 P.M..
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
Discuss pending and contemplated litigation - Texas Government Code
Section 551.071.
Discuss pending litigation relative to
Anthony Anderson, et al, vs. City of Farmers Branch, Texas, Cause No. 0207695.
Discuss pending litigation relative to
Therelee Washington, et al, vs. City of Farmers Branch, Texas, Cause No.
03-08165.
Discuss pending litigation relative to
Christopher Bailey vs. City of Farmers Branch, Cause No. 03-09177.
Discuss pending or contemplated litigation
relative to Oncor’s Electric Franchise.
Discuss status of environmental cleanup
efforts at the former St. Stephens Dry Cleaners site located at 2788 Valwood
Parkway.
Mayor Phelps explained that staff was present
to discuss these items with City Council.
E.2 Discuss
personnel matter - Texas Government Code Section 551.074.
Discuss City Manager employment agreement and
hiring process.
Mayor Phelps explained Assistant City Manager
Linda Groomer was present to discuss this item with City Council.
F.1
Consider necessary action on items discussed in the Executive Session.
Mayor Phelps stated staff updated City
Council on pending and contemplated litigation and no action was necessary.
Mayor Phelps called for necessary action on
personnel matters.
A motion by Mayor Pro Tem Walden, seconded by
Councilwoman Smith, all voting “aye”, approved Resolution 2003-140 approving
an employment agreement with Assistant City Manager Linda Groomer to become City
Manager on January 15, 2004.
F.2
Adjournment.
A motion by Councilman Bird, a
second by Councilwoman Smith, all voting “aye” adjourned the City Council
meeting of October 27, 2003 at 8:58 p.m.
____________________________
__________________________