City of Farmers Branch

City Council Regular Meeting Agenda

City Hall Plaza

13000 William Dodson Parkway

Farmers Branch, Texas

Monday, December 15, 2003

7:30 P.M.

The following members of the City Council were present:

                        Mayor                                                              Bob Phelps

                        Mayor Pro Tem                                               Paul Walden           

                        Deputy Mayor Pro Tem                             Bill Moses

                        Councilmembers                                              Charlie Bird

                                                                                                Ben Robinson         

                                                                                                Junie Smith   

            The following members of Administration were present:

                        Interim City Manager                                       John Burke

                        City Secretary                                                          Cindee Peters

                        Assistant to the City Manager                                   Margaret Somereve

                        Assistant to the City Manager                                   John Roach

                        Director of Economic Development                Norma Nichols

                        City Attorney                                                           John Boyle

                        Fire Chief                                                    Kyle King

                        Police Chief                                                    Jim Fawcett

                        Library Director                                                Mary Jane Stevenson

                        Engineering Director                                         Jerry Murawski

                        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

            The following members of Administration were absent:

                        Assistant City Manager                                   Linda Groomer

Mayor Phelps called the City Council meeting of December 15, 2003, to order at 7:30 p.m.  The meeting was televised.

A.1            INVOCATION AND PLEDGE OF ALLEGIANCE.

Brother Eddy Ketchersid gave the invocation and Councilman Robinson led the pledge of allegiance.

A.2            CONSIDER ACCEPTING A GRANT FROM THE METROCREST MEDICAL FOUNDATION, INC. TO BE USED TO PURCHASE A FITNESS ASSESSMENT SYSTEM AT THE FARMERS BRANCH COMMUNITY RECREATION CENTER AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information.  The Metrocrest Medical Foundation, Inc. has selected the Farmers Branch Parks and Recreation Department as recipient of a $10,927 grant.  The funds will be used to purchase a MicroFit Health and Fitness Assessment System for cardio-weight room users of the new Recreation Center.  This FDA-registered medical assessment system uses computer software in conjunction with fitness testing devices to measure fitness aspects such as strength, flexibility, blood pressure, heart rate and cardiovascular fitness.  The data from the testing is then analyzed and a personalized status report and recommendations for improved health are provided.  The software allows the client to track and measure his or her individual progress over time.  Other features for this system include development of individualized exercise and nutrition programs to keep members inspired and motivated to reach and maintain a healthier lifestyle.

The Metrocrest Medical Foundation is associated with the Metrocrest Hospital Authority, which operates RHD Memorial Hospital in Farmers Branch and Trinity Medical Center in Carrollton.  The directive of the Metrocrest Medical Foundation is to promote health and fitness activity opportunities in the communities the two hospitals serve.

Metrocrest Medical Foundation Executive Director Joyce Brown and Representative Rugger Burke presented the grant to the Mayor and City Council.  Representative Nancy Hardie presented a plaque to Mayor Phelps for the City of Farmers Branch. 

A motion by Deputy Mayor Pro Tem Moses, seconded by Councilwoman Smith, all voting “aye,” accepted the grant from the Metrocrest Medical Foundation with appropriate thank you letter to be sent. 

A.3            CONSIDER ACCEPTING A DONATION OF FUNDS TO PURCHASE SOUND SYSTEM EQUIPMENT FOR THE FARMERS BRANCH SENIOR CENTER BY THE FARMERS BRANCH SENIOR DANCE CLUB AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information.  The Farmers Branch Senior Dance Club hosts a dance at the Senior Center every Monday night.  The popular dances average in excess of 250 participants each week. 

The Club would like to donate funds to purchase supplemental sound system equipment for the Senior Center to be used in conjunction with the current sound system for the multi-purpose room.  The additional equipment will allow the bands that play for Monday night dances to use the City’s sound system.   The Club is donating $1,500 to purchase the sound equipment. 

Dance Club Chief Executive Officer Buford Watson and Dance Club President Jerry Fleming presented a check for $3,150 for the purchase of sound equipment and $1,650 for the Holiday Tour of Lights display. 

A motion by Deputy Mayor Pro Tem Moses, seconded by Councilwoman Smith, all voting “aye,” accepted the donation of $1,500 to purchase the sound equipment and $1,650 for the Holiday Tour of Lights display. 

A.4            CONSIDER ACCEPTING DONATION OF FUNDS TO PURCHASE DISPLAYS FOR THE HOLIDAY TOUR OF LIGHTS AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information.  The 2003 Holiday Lighting season is the first year the City invited organizations to sponsor tour displays.  Brochures were mailed to organizations asking for participation in the Holiday Lighting Program.  Organizations could select a display from the catalog, and then donate funds to the City to purchase the selected item.  The display would be used during the Holiday Tour of Lights in the Historical Park.

The displays will be exhibited three consecutive holiday seasons, 2003, 2004, and 2005.

Mayor Phelps presented the following organizations with certificates.

Farmers Branch Senior Dance Club – Dance Club Chief Executive Officer Buford Watson and Dance Club President Jerry Fleming

Cowboy Boot Sculpture with Toys - $1650

Our Lady of the Lake University, Dallas – Dr. Susan Justitz and Ms. Kelly Hodges

Candy Cane with Lollipop - $285

The Harrington School, Inc. – Lynn and Robin Harrington

Wooden Rocking Horse - $159

R. L. Turner High School Building Trades – Doug Palmer

Santa’s Workshop Co-Sponsor - In Kind Service

A motion by Councilman Bird, seconded by Councilman Robinson all voting “aye,” accepted the donations.

A.5            PRESENTATION OF BOARD APPLICATIONS.

            There were no applications presented.

A.6            PRESENTATION OF SERVICE AWARD.

Mayor Phelps presented a five-year employee service award to Stacy Wright of the Community Services Department.

A.7            PRESENTATION OF SERVICE AWARD.

Mayor Phelps presented a five-year employee service award to Erica Moore of the Parks and Recreation Department.

A.8      Mayor Phelps and the city Council gave a brief summary of the items discussed in Study Session and prior to the regular meeting. 

B.0            CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE 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 Councilman Robinson, all voting “aye,” adopted the Consent Agenda as presented.

B.1       APPROVED MINUTES OF CITY COUNCIL MEETING OF DECEMBER 1, 2003.

B.2       ADOPTED ORDINANCE NO. 2751 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 6, PARKING, SECTION 82-94, DISABLED PARKING, ELIMINATING THE REQUIREMENT FOR A PENALTY NOTIFICATION SIGN ON THE SIGN DESIGNATING THE PARKING SPACE FOR DISABLED PERSONS.

AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS; AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 6, SECTION 82-94, DISABLED PARKING; ELIMINATING THE REQUIREMENT FOR A PENALTY NOTIFICATION SIGN, REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING.

B.3       ADOPTED RESOLUTION NO. 2003-160 AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE ADDENDUM NO. 3 TO THE MANAGEMENT AND OPERATIONS AGREEMENT AND ASSET PURCHASE AND SALES AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH, AND CAMELOT LF TX, L/P., A TEXAS LIMITED PARTNERSHIP TO RENEW THE ACCEPTANCE OF SPECIAL WASTE.

D.5            CONSIDER RESOLUTION 2003-162 APPOINTING A VOLUNTEER CHAPLAIN AMBASSADOR FOR THE CITY OF FARMERS BRANCH AND TAKE APPROPRIATE ACTION.

            This item was moved to this position in the meeting agenda.

Deputy Mayor Pro Tem Moses presented the following information.  At the Study Session meeting on December 1, 2003, the City Council discussed the possibility of creating a volunteer Chaplain Ambassador position for the City.   Deputy Mayor Pro Tem Moses outlined the duties of the proposed Volunteer Chaplain Ambassador for the City of Farmers Branch.  Deputy Mayor Pro Tem Moses stated a resolution was prepared creating the volunteer position, and naming a person to fill the position for an initial trial pilot program for a period of one year from appointment.

John Wells, 13521 Heartside Place, stated many of the residents of Farmers Branch are of mixed faith and urged the Council to reconsider. 

Robert Davis, 2828 Selma, stated he thinks it is good program and encouraged the Council to support it.  He also stated a one year trial is an excellent idea if changes are needed.

Kathleen Matsumura, 3938 Clubway, stated Farmers Branch is a diverse City and does not think a chaplain is needed. 

Jim Robbs, 3212 Silent Oak, stated he does not think anyone is more deserving than Brother Eddy Ketchersid to serve as the City’s volunteer chaplain.  He stated Brother Eddy does a lot for the City and his time and efforts for the City are unequaled.

Katie Roberts, 13240 Kerr Trail, stated Brother Eddy is a good and caring person and also serves in the Farmers Branch Chamber Ambassador’s program.

Richard Brown, 14465 Webb Chapel Road, #209, stated Brother Eddy is a fabulous pastor and relates to the business community. 

Reggie Mayo, 3034 Phyllis, stated as a retired Baptist minister for 41 years he has known Brother Eddy for ten years and knows he is very involved in City activities.   Mr. Mayo stated Brother Eddy would not be doing denominational work.

Councilman Robinson offered his highest recommendations for Brother Eddy to be the City’s Volunteer Chaplain Ambassador.

Councilman Bird stated that Farmers Branch is always a first.  He related his personal experience with a chaplain and offered his recommendations for Brother Eddy as the City Chaplain. 

Mayor Pro Tem Walden expressed commendations for Brother Eddy and stated he would be voting for him.

Councilwoman Smith stated she was glad to see an outline of the Chaplain’s duties and feels Brother Eddy is qualified for the position.

Deputy Mayor Pro Tem Moses stated he spoke with a city in East Texas and their Chaplain serves in a paid position.

Mayor Phelps spoke in support of Brother Eddy to serve as City Chaplain and stated he was pleased he was volunteering his services to the City. 

There being no further discussion, a motion by Deputy Mayor Pro Tem Moses, seconded by Councilman Bird, all voting, “aye,” adopted Resolution No. 2003-162 appointing Brother Eddy Ketchersid as volunteer chaplain ambassador for the City of Farmers Branch.

C.1            CITIZEN PARTICIPATION.

            There was no citizen participation. 

C.2            PUBLIC HEARING:  CONSIDER THE REQUEST BY J. HARDY BROWN ON BEHALF OF MAR THOMA CHURCH TO REZONE AN APPROXIMATE 6.9-ACRE TRACT LOCATED AT 11550 LUNA ROAD FROM PLANNED DEVELOPMENT NUMBER 67 ZONING DISTRICT TO INSTITUTIONAL-RELIGIOUS USES ZONING DISTRICT; CONSIDER ADOPTING ORDINANCE 2752 AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information.  The site is presently improved with a religious institution constructed in 1996.  A specific use permit was approved during 1995 allowing the religious institution.

The proposed request seeks to rezone the subject property from Planned Development Number 67 zoning district to Institutional-Religious Uses zoning district.

The proposed rezoning will bring the religious use of this site into conformance with the Institutional-Religious Uses district and allow for the future expansion of the existing worship facility, by right.  Any additional uses, as provided for in the Institutional-Religious Uses zoning district including school facilities, shall require approval of a specific use permit.

The West Side Plan recommends employment uses for this parcel.  Religious uses are generally compatible with employment uses.   

The Planning and Zoning Commission unanimously recommends approval of the proposed rezoning request.

Mayor Phelps opened the public hearing.

J. Hardy Brown, 1221 W. Campbell, Architectural Team in Richardson, asked the City Council for consideration in the proposed rezoning request. 

A motion by Councilman Bird, seconded by Councilman Robinson all voting “aye,’ closed the public hearing. 

Deputy Mayor Pro Tem Moses stated he is fortunate to have been involved with this project since 1995 and expressed his pleasure that it is a wonderful project and a nice facility.

There being no further discussion a motion Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tem Moses, all voting “aye,” adopted the following captioned Ordinance No. 2752 approving the proposed rezoning request.

AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; BY CHANGING THE ZONING DISTRICT CLASSIFICATION OF AN APPROXIMATE 6.9-ACRE TRACT LOCATED AT 11550 LUNA ROAD FROM PLANNED DEVELOPMENT 67 (PD-67) ZONING DISTRICT TO INSTITUTIONAL-RELIGIOUS USES DISTRICT (I-RU); RESTATE AND REPLACE IN ITS ENTIRETY ORDINANCE 1899 AND ORDINANCE 2070; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE.

C.3            PUBLIC HEARING:  TO CONSIDER RESCINDING ORDINANCE NO. 2696 OF CHAPTER 50, ARTICLE III AND ADOPTING ORDINANCE NO. 2750 RELATIVE TO FARMERS BRANCH YOUTH PROGRAMS STANDARDS OF CARE IN COMPLIANCE WITH 1995 SENATE BILL 212 AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information.  During the 1995 legislative session, State Legislators enacted Senate Bill 212, exempting certain youth recreation programs from childcare licensing requirements.

Senate Bill 212 exempts youth recreation programs operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing.  There are no changes proposed from the current Standards of Care.

The Parks and Recreation Director recommends rescinding Ordinance No. 2696 and adopting Ordinance No. 2750 relative to Farmers Branch youth programs Standards of Care in compliance with Senate Bill 212.

            Mayor Phelps opened the public hearing.

A motion by Councilman Robinson, seconded by Councilman Bird, all voting “aye,” closed the public hearing.

A motion by Councilman Robinson, seconded by Councilwoman Smith, all voting “aye,” rescinded Ordinance No. 2696 and adopted the following captioned Ordinance No. 2750.

AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, RESCINDING ORDINANCE NO. 2696 AND ADOPTING ORDINANCE NO. 2750 COVERING STANDARDS OF CARE FOR THE CITY OF FARMERS BRANCH YOUTH PROGRAMS.

D.1            CONSIDER RESOLUTION NO. 2003-163 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HBC ENGINEERING, INC. TO REMEDIATE CONTAMINATION IN THE STREET RIGHTS-OF-WAY NEAR THE INTERSECTION OF SENLAC DRIVE AND VALWOOD PARKWAY AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information.  While conducting routine maintenance on two fire hydrants located near the intersection of Senlac Drive and Valwood Parkway during May 2001, staff detected petroleum odors being emitted and observed a liquid sheen inside the hydrants. Staff subsequently determined the source of the contamination was a diesel fuel spill that had occurred in July 1998.  The responsible party was determined to be U. S. Fleet Services, Inc., and its insurance carrier, Fireman’s Fund Insurance Company.

HBC Engineering, Inc. was retained to investigate the extent of the diesel contamination.  The results of the investigations were provided to Fireman’s Fund Insurance Company.  Fireman’s Fund initially agreed to remediate the contamination, but was unable to negotiate an agreement with its environmental contractor primarily due to the bankruptcy of U. S. Fleet Services.

In Autumn 2002, Fireman’s Fund Insurance Company reimbursed the City for $22,132 for expenses incurred from the initial environmental investigations and agreed to reimburse the City for reasonable costs to clean up the contamination.  HBC Engineering, Inc. was directed to prepare a remediation plan and associated cost estimates.  Revisions to the remediation plan and the need to bid the project multiple times delayed completion of the final proposed scope of work and cost estimates until July 2003.   The total project cost is estimated at $176,490, including $171,090 for remediation activities and $5,400 to restore the street and landscaping. 

The proposed remediation plan and estimated costs were approved by the Fireman’s Fund corporate office in October 2003.  In November 2003, the City received a check from Fireman’s Fund Insurance in the amount of $176,490. Fireman’s Fund Insurance Company has acknowledged that the payment is not considered a final settlement and that additional costs could be incurred once remediation is underway. The remediation is tentatively scheduled to begin in January 2004 and is anticipated to take four to six weeks to complete.  HBC Engineering will conduct all remediation activities. City departments will perform the restoration work.

Staff recommends adoption of Resolution No. 2003-163 authorizing the City Manager to enter into an agreement with HBC engineering, Inc. in the amount of $171,090.

A motion by Councilwoman Smith, seconded by Deputy Mayor Pro Tem Moses, all voting, “aye,” adopted Resolution No. 2003-163.

D.2            CONSIDER ADOPTING RESOLUTION NO. 2003-159 AUTHORIZING THE PURCHASE OF A 2003 AMBULANCE ON THE HOUSTON GALVESTON AREA COUNCIL OF GOVERNMENTS CONTRACT AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information.  The 2003-04 Fixed Asset Fund for equipment replacement includes $123,000 to purchase a new ambulance for the Fire Department.  The Houston Galveston Area Council of Governments has accepted bids for an ambulance manufactured by Fraser, Inc. that satisfies the specifications of the Farmers Branch Fire Department.  The Houston Galveston Area Council of Governments purchasing program complies with State purchasing laws.

According to the HGAC purchasing guidelines, a purchase order in the amount of $115,525 will need to be issued to Jack Roach Ford in Houston, TX.  This price also includes an HGAC administrative fee of $1,000.  Following the purchase, $1,200 will be used to install communications equipment, making the total cost of the ambulance $116,725.

Based on comparisons with other pricing sites and historic experience with other similar purchases, the purchase price of the ambulance using the Houston Galveston Area Council of Governments contract is estimated to be $5,000 to $6,000 less than would be anticipated if the regular bid process was used.  Delivery time is also anticipated to be approximately 60 days earlier.

The Fire Chief recommends adopting Resolution No. 2003-159 authorizing the purchase of a 2003 ambulance on the Houston Galveston Area Council of Governments contract, in the total amount of $116,725.

There being no discussion, a motion by Deputy Mayor Pro Tem Moses, seconded by Mayor Pro Tem Walden, all voting ‘aye,” adopted Resolution No. 2003-159 authorizing the purchase of a 2003 ambulance on the Houston Galveston Area Council of Governments Contract in the total amount of $116,725.

D.3            CONSIDER ADOPTING RESOLUTION NO. 2003-157 AUTHORIZING THE PURCHASE OF NINE REPLACEMENT POLICE PATROL VEHICLES AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information.  The 2003-2004 Fixed Asset budget includes funds in the amount of $220,500.00 for the purchase of nine (9) police patrol sedans.

Bid requests for nine replacement police patrol vehicles were mailed on October 28, 2003. The bid request included an add alternate request for pricing of additional safety items including a trunk pack and side air bags. Staff recommends adding this optional equipment when awarding the bid.

Seven vendors responded with bids, which were opened on November 18, 2003. In addition to obtaining bids from local vendors, bid requests were also sent to the State Vehicle Contractor, Philpot Ford and the Houston/Galveston Area Council of Governments (HGAC) contractor.

Village Auto Group submitted the lowest bid meeting specifications. Their base bid was for 2004 Ford Crown Victoria police units, at a unit cost of $20,748.00, or a total bid cost for nine units in the amount of $186,732.00. Village Auto Group also submitted an alternate bid that included the optional safety items at a cost of $169.00 per unit for the trunk pack and $267.00 per unit for the side airbags, or $3,924.00 for the nine units. The total bid for including the safety alternate bid package is  $190,656.00.

The Police Chief and Director of Equipment Services recommend awarding the bid for nine (9) replacement police patrol vehicles, including the alternate bid for safety options, to Village Auto Group for a total bid cost of $190,656.00. 

John Burke, Interim City Manager stated Village Ford sent a letter to the City requesting to withdraw their bid from consideration.  City staff recommends accepting the withdrawal.  Mr. Burke also stated that staff recommended awarding the bid for purchase of nine (9) police patrol sedans to Houston Galveston Area Council of Governments.

Alan J. Rosner, 1635 IH35E, stated he was not aware that Houston Galveston Area Council of Governments was a bidder in this process.  He stated he was perplexed about the City’s bidding process.  He stated his bid was approximately $187,000 and Houston Galveston Area Council of Governments was approximately $3,000 more than his bid.  Mr. Rosner urged the Council to reject all bids, re-bid this item, and if not, award the purchase to 5-Star Ford to keep the money in the area. 

Mayor Phelps asked about the $3,000 difference.  Mr. Rosner replied that the bid plus the safety add-on is approximately $191,000 but for less than $100 difference per vehicle the money should stay in the area. 

Deputy Mayor Pro Tem Moses wanted to know if Houston Galveston Area Council of Governments was considered when the bids were open.  Mr. Burke replied that Houston Galveston Area Council of Governments bids are reviewed every year for vehicles and equipment.

Mr. Burke asked Don Moore, Director of Equipment Services, at what point in the bidding process was Houston Galveston Area Council of Governments considered.  Mr. Moore stated the City provides the City’s specifications for cars to Houston Galveston Area Council of Governments at the same time that the bids were sent to other bidders.  Mr. Rosner commented that he feels the process was unfair.

Mayor Pro Tem Walden asked Mr. Moore if he felt the process was fair to all bidders.  Mr. Moore replied yes.

Mayor Pro Tem Walden asked Mr. Rosner why he felt the process was unfair.  Mr. Rosner stated if he had known Houston Galveston Area Council of Governments was being considered he would have been able to calculate what the approximate bid could have been considering Houston Galveston Area Council of Governments delivery charges, etc. 

Mr. Moore stated that all prices from Houston Galveston Area Council of Governments were in response to the City’s specifications.

Mayor Pro Tem Walden asked if there was a downside to rebidding.  Mr. Moore replied delays in delivery, and Chief Fawcett stated there is a downside to rebidding.   The City Council has authorized the purchase of the equipment to be placed in the new vehicles, and if delivery is delayed, this equipment will have to be installed in current vehicles.  As a result, the City will have to pay for a second reinstallation when the new vehicles are received. 

Mayor Pro Tem Walden asked if the Crown Victorias are safe vehicles.  Chief Fawcett replied these are the only vehicles viable for police work at this time and are as safe as any vehicle could be in a high-speed collision.

After a lengthy discussion, it was moved by Councilman Bird, seconded by Mayor Pro Tem Walden, all voting, “aye,” to allow Village Auto Group to withdraw their bid for nine (9) 2004 Ford Crown Victorias.

A motion by Councilman Bird, seconded by Councilwoman Smith, all voting “aye,” adopted Resolution No. 2003-157 authorizing the purchase of nine (9) replacement police patrol vehicles utilizing the Houston Galveston Area Council of Governments contract, in the total amount of  $190,819.95.

D.4            CONSIDER ADOPTING RESOLUTION NO. 2003-156 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR CUSTODIAL SERVICES WITH BRITTON BUILDING MAINTENANCE INC., AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information.  The current professional services contract for custodial services for City facilities with Britton Building Maintenance, Inc., expires December 31, 2003.  The company has provided excellent services for the City since 2000 when Britton Building Maintenance, Inc., was initially awarded the contract.

Staff recommends that Britton Building Maintenance, Inc., be awarded the contract for a negotiated price of $286,142.28.  There is $295,000 in the Parks and Recreation Building Maintenance budget for custodial services for City facilities.  The contract timeline is January 1, 2004 to December 31, 2004.  The new contract will cover all basic services, equipment and supplies, and provides for renewal each year for up to three additional years upon approval of both parties.

Mayor Phelps asked if the contract price included the new recreation center.  John Burke Interim City Manager replied yes, it did include the new recreation center. 

Mayor Phelps asked what was added.  Jeff Harting, Assistant Director of Parks and Recreation, stated the major factor is that the new recreation center adds an additional 30,000 sq. ft. to the contract. 

There being no further discussion, a motion by Councilman Robinson, seconded by Councilman Walden, all voting “aye,” adopted Resolution No. 2003-156 executing a contract for custodial services with Britton Building Maintenance, Inc., in the amount of $286,142.28

D.5            HEARD AFTER CONSENT AGENDA.

D.6            CONSIDER APPOINTMENTS TO THE VALWOOD IMPROVEMENT AUTHORITY, SENIOR ADVISORY BOARD, THE HISTORICAL PRESERVATION AND RESTORATION BOARD, SCHOOL-COMMUNITY RELATIONS COMMITTEE, AND THE PLANNING AND ZONING COMMISSION AND TAKE APPROPRIATE ACTION.

A motion by Councilman Bird, seconded by Deputy Mayor Pro Tem Moses, all voting “aye,” appointed Gene Bledsoe to Alternate Place 2 and moved Rick Lyon to Alternate Place 1 on the Senior Advisory Board. 

A motion by Deputy Mayor Pro Tem Moses, seconded by Councilman Bird, all voting “aye,” moved Tim O’Hare on the Planning and Zoning Commission Board to Place 7 from Alternate Place 1, moved Charles Beck from Alternate Place 2 to Alternate Place 1, and appointed Jim Barrett to Alternate Place 2 with a term to expire January 1, 2006.

A motion by Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tem Moses, all voting “aye,” reappointed Glenna Grimmer, Ron Doerler, Patsy Mayo and Helen Bridgforth to the Historical Preservation and Restoration Board.

A motion by Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tem Moses, all voting “aye,” reappointed Michael Fitzpatrick on the Valwood Improvement Authority with a term to expire on December 31, 2005.

D.7            PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS.

Mayor Pro Tem Walden stated he Councilman Robinson and Councilwoman Smith attended the Community Meeting on Thursday, December 11^th at the Senior Center regarding the Light Rail status.

Councilwoman Smith stated on December 8^th at the Planning and Zoning Commission Study Session, she attended the first of their 2003-2004 Lecture Series. 

Councilman Robinson stated he attended a Planning Retreat with Senior Adult Services two weeks ago.

Mayor Phelps stated on Tuesday, December 2^nd he met with a group of Girl Scouts that were trying to receive their merit badges.  On December 5^th at 10 a.m. he attended the Farmers Branch Chamber of Commerce Board meeting, at 11:45 a.m. he attended the Dallas Regional Mobility Coalition meeting in Dallas.  On Saturday, December 6^th he attended the Oran Good Park softball tournament.  At 3 p.m. he was in a parade honoring veterans.  At 7 p.m. he attended the Christmas Tree Lighting at the Historical Park.  On Tuesday morning, December 9^th he attended the Metroplex Mayors’ meeting, at noon he attended the Farmers Branch Chamber of Commerce Quarterly Platinum Club Luncheon, and in the afternoon he attended an open house at the bank.  On Thursday, December 11^th he attended Jim Jackson’s Christmas Fish Fry.  On Friday, December 12^th he attended the Christmas Dinner at the Senior Center for the Boards and Commissions. 

D.8            CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION.

            There were no travel reports or requests.

MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 6:15 P.M. WORK SESSION.  MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:53 P.M. AND THEN CONCLUDED AT 7:17 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 LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072.

Discuss sale, trade or lease of City owned property located at 1800 Valley View Lane.

Discuss the acquisition of property at 13402 Dennis Lane, Farmers Branch, Texas. 

Discuss the sale, trade or lease of City owned property or acquisition of property in the Farmers Branch Station Area, Farmers Branch, Texas.

Mayor Phelps stated Staff was present to discuss these items with the City Council.

F.1            CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION.

Mayor Phelps reported that Staff updated the Council on item in executive session and no action was necessary. 

F.2            ADJOURNMENT.

A motion by Mayor Pro Tem Walden, a second by Councilman Bird, all voting “aye”, adjourned the City Council meeting of December 15, 2003 at 9:31 p.m.

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Bob Phelps, Mayor

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Cindee Peters, City Secretary