City of Farmers Branch

City Council Regular Meeting Agenda

City Hall Plaza

13000 William Dodson Parkway

Farmers Branch, Texas

Monday, April 21, 2003

7:30 P.M.

            The following members of the City Council were present:

                        Mayor            Bob Phelps

                        Mayor Pro Tem            Charlie Bird

                        Deputy Mayor Pro Tem     Paul Walden

                        Councilmembers            Bill Moses

                                    Jim Robbs

                                    Calla Davis

The following members of the 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

            Director of Finance            Charles Cox

Fire Chief            Kyle King

                        Assistant Police Chief            Jimmy Fawcett

                        Library Director            Mary Jane Stevenson

                        Director of Engineering            Jerry Murawski

                        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

Director of Economic Development             Norma Nichols

Communications Director            Tom Bryson

Mayor Phelps called the City Council meeting of April 21, 2003 to order at 7:30 p.m.  The meeting was televised.

A.1            INVOCATION AND PLEDGE OF ALLEGIANCE.

Billy Richardson of the James A. Smith Lodge gave the invocation and Marvin Murphy led the pledge of allegiance.

Mayor Phelps recognized former Mayor Gravely of Carrollton and thanked him for attending the meeting.

A.2      PRESENTATION OF AN APPRECIATION AWARD FOR THE TOURNAMENT OF CHAMPIONS SOFTBALL TOURNAMENT TO THE CITY OF FARMERS BRANCH.

Mayor Phelps stated the Tournament Directors Paul Rose and Renee Putter are in the playoffs and will be in attendance at the May 6^th City Council meeting.

A.3      PRESENTATION OF PLAQUE TO THE FAMILY OF ROY PATTON FOR DISTINGUISHED SERVICE TO THE CITY AND THE CITIZENS OF FARMERS BRANCH.

Mayor Phelps stated this item will be postponed until the May 6^th City Council meeting.

A.4      PRESENTATION BY THE JAMES A. SMITH LODGE TO MAYOR PRO TEM BIRD FOR THE COMMUNITY BUILDERS AWARD.

Robby Asma Master of James A. Smith Lodge presented Mayor Pro Tem Bird with a “Community Builders Award”.  Mayor Gravely read a list of Mayor Pro Tem Bird’s achievements and presented him with the award. 

A.5      RETIREMENT RECOGNITION - MILTON JONES OF THE FIRE DEPARTMENT RETIRING AFTER 23 YEARS OF SERVICE.

Mayor Phelps presented a plaque to Milton Jones of the Farmers Branch Fire Department for his 23 years of service to the City of Farmers Branch.

A.6            PRESENTATION OF BOARD APPLICATIONS.

            There were no applications presented.

A.7            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.

Mayor Phelps stated that Boy Scout Hunter Hurd was present and working on his Citizenship Badge. 

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 Bird, seconded by Councilman Moses, all voting “aye,” approved the Consent Agenda as submitted.

      B.1             APPROVED MINUTES OF CITY COUNCIL MEETING OF APRIL 7, 2003.

B.2             ADOPTED RESOLUTION NO. 2003-051 AWARDING BIDS FOR THE ANNUAL PROCUREMENTS OF TRAFFIC SIGNAL MATERIALS.

B.3             ADOPTED RESOLUTION NO. 2003-050 AUTHORIZING THE CITY MANAGER TO APPROVE CHANGE ORDER NO. 1 TO THE CONTRACT WITH SERVICE FIRE AND INDUSTRIAL FOR THE FIRE SPRINKLER SYSTEM IN THE NEW RECREATION CENTER.

B.4             ADOPTED RESOLUTION NO. 2003-048 AWARDING THE BID FOR CONTRACT GROUNDS MAINTENANCE TO METRO LANDSCAPE MAINTENANCE, INC.

C.1            CITIZEN PARTICIPATION.

John Wells, 13521 Heartside, stated he attended the majority of the Mid-Year Budget presentation today and thanked staff for their efforts in conserving funds.  Mr. Wells would like to urge staff to reconsider the scheduling for watering neighborhood parks.

C.2      PUBLIC HEARING:  CONSIDER APPROVING RESOLUTION NO. 2003-037 REQUESTING THE TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT REMOVE ITS DESIGNATION OF EARTHLINK, INC. AS AN ENTERPRISE ZONE PROJECT AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information.  In 1996 EarthLink, Inc. was originally designated as an Enterprise Zone project under the name of NETCOM On-Line Communication Services, Inc.

EarthLink, Inc. has announced that the company will close their operation in the City of Farmers Branch effective March 19, 2003. As the company does not operate an office in Farmers Branch, they are no longer eligible to receive any Enterprise Zone benefits. The State requires that a public hearing be held to remove a designation of an Enterprise Zone project.

The Director of Economic Development recommends that City Council conduct the required public hearing and approve Resolution No. 2003-037 requesting the Texas Department of Economic Development remove its designation of EarthLink, Inc. as an Enterprise Zone project.

      Mayor Phelps opened the public hearing.

A motion by Mayor Pro Tem Bird, seconded by Councilwoman Davis all voting “aye,” closed the public hearing.

There being no discussion, a motion by Mayor Pro Tem Bird, seconded by Councilwoman Davis, all voting “aye,” adopted Resolution No. 2003-037 requesting the Texas Department of Economic Development to remove its designation of EarthLink, Inc. as an Enterprise Zone project.

C.3      PUBLIC HEARING:  CONSIDER THE REQUEST BY AMS EMPLOYERS GROUP, LLC FOR A SPECIFIC USE PERMIT TO ALLOW AN AUTO MANUFACTURING, ASSEMBLY AND MAINTENANCE FACILITY WITHIN AN EXISTING BUILDING LOCATED AT 13950 SENLAC DRIVE, WITHIN PLANNED DEVELOPMENT NUMBER 22 ZONING DISTRICT AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information.  The application seeks approval of a specific use permit to allow an approximate 28,000 square foot auto manufacturing, assembly and maintenance facility.  The facility is located within an existing approximate 116,000 square foot office/warehouse building, which is on a 6.228 acre tract.  The remaining portion of the building is leased by a company that manufactures and distributes sports equipment.

According to the application and associated plan of operation, the applicant intends to build, refurbish and maintain limited edition vehicles.  Operations include taking an original classic car body and chassis and installing a new engine, power train and other items as requested by the customer.   All operations shall occur inside the building; there will be no activities outside the building nor shall there be any outside storage.

No exterior changes are proposed to the site.  The site complies with Planned Development Number 22 zoning district requirements.

The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit, including the associated site plan and plan of operation.

Mayor Phelps opened the public hearing.

Craig Hughes stated he works for OLT Companies and represented AMS Employers Group, LLC and would be available for any questions.

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

There being no further discussion, a motion by Councilwoman Davis, seconded by Deputy Mayor Pro Tem Walden, all voting “aye,” adopted the following captioned Ordinance No. 2715 approving the request, as recommended by the Planning and Zoning Commission.

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 AN APPROXIMATE 28,000 SQUARE FOOT AUTO MANUFACTURING, ASSEMBLY AND MAINTENANCE FACILITY WITHIN AN EXISTING APPROXIMATE 116,000 SQUARE FOOT BUILDING LOCATED ON A 6.228 ACRE TRACT AT 13950 SENLAC DRIVE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 22 (PD-22) ZONING DISTRICT; 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. 2003-046 APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE DALLAS STARS, L.P. AND THE CITY OF FARMERS BRANCH FOR AN ICE-SKATING AND CONFERENCE FACILITY AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information.  The City of Farmers Branch and the Dallas Stars have been in negotiation for several months relative to a public/private partnership to build a StarCenter and conference facility in the Farmers Branch Station Area on the current conference center site. The proposed facility will be 95,000 square feet including two National Hockey League regulation size ice surfaces, a 3,500 square foot retail pro shop, management offices, concession area, locker rooms and ticket outlet. In addition, the 11,000 square foot second floor that overlooks both ice surfaces will have four conference rooms for corporate and community conferences and events and a sports bar.

The City’s Convention and Tourism Division will actively market the second floor conference facility for association and corporate conferences as well as major events such as luncheons, dinners and corporate retreats on the ice floor. It is anticipated that 540,000 persons will use the facility annually. Also, it is estimated that 8,000 Farmers Branch hotel room nights would result from hockey and ice-skating tournaments held at the StarCenters and conference facility.

Under the proposal, the City would issue a $9.1 million bond for the facility. The Dallas Stars will operate the facility and lease the building from the City for a 25-year period. Four other relatively new StarCenters exist in the Dallas Fort Worth Metroplex; i.e., Euless, Plano and Duncanville, and the new Dallas Stars Corporate Center is nearing completion in Frisco.

The Memorandum of Understanding outlines the parameters of the bond issuance and lease agreement and is the first step in moving the project forward.

Staff is recommending that the City Council approve a Memorandum of Understanding between the Dallas Stars, L.P. and the City of Farmers Branch.

Mayor Phelps stated this will be a great day for Farmers Branch and the City is looking forward to it. 

Randy Locey, Vice President with the Stars, stated he is excited about getting this project going and this is the fourth public/private partnership.  Mayor Phelps stated Farmers Branch will be the premiere location at I-635 and I-35. 

The Council members each echoed Mayor Phelps’ sentiments and welcomed the Dallas Stars in this cooperative venture.

There being no further discussion, a motion by Deputy Mayor Pro Tem Walden, seconded by Mayor Pro Tem Bird, all voting “aye,” approved Resolution No. 2003-046.

Mr. Locey stated on behalf of the Stars Organization he would like to invite the Mayor and City Council to the Stars playoff game on Thursday night announce this great partnership in front of 19,000 people.

Mayor Phelps thanked Mr. Locey and stated the City will look forward to being part of the grand announcement on Thursday night.

D.2      CONSIDER APPROVING RESOLUTION NO. 2003-047 AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADVERTISING CONTRACT WITH TRAVELCLICK, INC. AND TAKE THE APPROPRIATE ACTION.

Mayor Phelps presented the following information.  Subject to approval by the City Council, the City of Farmers Branch will enter into a second agreement with TravelCLICK, Inc. for Internet Commercial and Global Distribution System advertising on behalf of its Farmers Branch hoteliers. These programs have been such a success over the past year that it is the recommendation of staff that we enter into a second agreement with TravelCLICK, Inc.

The summer commercial advertising will be placed with Orbitz.com, a global leader in the industry. Consumers will see the advertising that is planned 410,000 times during the course of our summer promotion, between May 19 and September 1, 2003. All Farmers Branch hoteliers will be promoted via banner ads on this system.

Between September 8, 2003 and March 14, 2004, the fall and spring Global Distribution System advertising will be shown on Sabre, Galileo, Worldspan and Amadeus through the use of promotional spots directly shown to Corporate Travel Agents.

Between September 2002 and February 2003, this year’s program generated 12,360 new hotel room nights in Farmers Branch, translating into $1,200,000 dollars in incremental revenue. The City’s portion of hotel motel tax of 7% equaled $84,000 to date, with the March data outstanding. Next to business-to-business sales by staff, this has been the most quantifiable and successful program for Tourism.

The Director of Economic Development and Tourism recommends that Resolution No. 2003-047 authorizing the City Manager to execute an advertising contract with TravelCLICK, Inc. in an amount not to exceed $115,508 be approved.

Councilwoman Davis thanked Norma Nichols and her staff for their work on this project.

There being no further discussion, a motion by Councilwoman Davis, seconded by Councilman Moses, all voting “aye,” approved Resolution No. 2003-047 authorizing the City Manager to execute an advertising contract with TravelCLICK, Inc. in an amount not to exceed $115,508 be approved.

D.3      CONSIDER ADOPTING RESOLUTION NO. 2003-044 APPROVING AN AGREEMENT WITH PBS&J FOR ENGINEERING SERVICES FOR SANITARY SEWER AND WATER LINE IMPROVEMENTS AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information.  The Capital Improvement Program Non-Bond Utility Fund includes funds for utility replacement and improvements. There is a total of $2,775,101 available in the budget for utility replacement and improvements budgeted in FY 2002-2003 and FY 2003-04. It is proposed that FY 2002-2003 and FY 2003-04 improvements be combined and designed and constructed together.

Six water lines are to be replaced. The water lines, which are 35 to 50 years old, are deteriorated and experience occasional breaks.  The water lines to be replaced are in the following locations:

·        In an easement through the shopping center at the northwest corner of Valley View Lane and Josey Lane from Josey Lane to Wilmington Drive. 

·        In an easement through the shopping center at the southwest corner of Valley View Lane and Josey Lane from Valley View Lane south to Lineville Drive

·        Along Crest Park Drive from Pennystone Drive to Wilddale Drive

·        Along Bee Street from Valley View Lane to Rossford Street

·        Along Heartside Place from Mark Twain Drive to Old North Road

·        Along Executive Circle from Executive Circle to Longmeade Drive

      There is a section of water line along the eastside of the I-35 right-of-way that will be extended south of Valwood Parkway to eliminate a dead-end line.

Seven sanitary sewer mains are to be replaced. The 30-to-45 year old sanitary sewer mains experience occasional backups that require frequent cleaning and maintenance.  The sanitary sewer lines to be replaced are in easements at the following locations:

·        Between Stardust Lane and Sundown Trail from Josey Lane to Longmeade Drive

·        Between Valwood Parkway and Avenel Drive from Bee Street to Albemarle Drive

·        Between Valley View Lane and Spur Trail from Webb Chapel Road to Brookhollow Drive

·        Between Amsterdam Road and Brisbane Avenue north of Myra Lane

·            Between Brandywine Drive and Hearthstone Drive from Wasina Drive to Josey Lane

·        Between Emeline Drive and Webb Chapel Road from Webb Chapel Road to Longemade Drive

·            Between Collingwood Drive and Avenel Drive from Bee Street to Albemarle Drive

An engineering service agreement has been negotiated with PBS&J for a total amount not to exceed $220,240.  This amount is within an acceptable fee range for similar projects.  PBS&J was selected based upon their experience in designing utility replacements using the pipe bursting method, which is the replacement method for all seven of the sanitary sewer lines.

The design will be completed in approximately 147 calendar days.  Construction is tentatively scheduled to begin in late fall of 2003 with a twelve month duration.  Meetings will be held with the residents towards the end of the design of the improvements.

The City Engineer recommends the adoption of Resolution No. 2003-044 authorizing the execution of an agreement for engineering services with PBS&J for the design of water lines and sanitary sewer lines in an amount not to exceed $220,240.

There being no discussion, a motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro Tem Walden, all voting “aye,” adopted Resolution No. 2003-044 authorizing the execution of an agreement for engineering services with PBS&J for the design of water lines and sanitary sewer lines in an amount not to exceed $220,240.

D.4      CONSIDER ADOPTING RESOLUTION NO. 2003-052 REJECTING THE BID TO B.T.A. SERVICES, LTD. FOR STREET MARKINGS AT VARIOUS LOCATIONS AND AWARDING THE BID TO STRIPE-A-ZONE AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information.  The street-marking contract consists of button installation, extruded thermoplastic striping, thermoplastic railroad emblems and marking paint.   Requests for bids for the 2002-2003 street-marking contract were mailed to five vendors. On January 14, 2003, four bids were received and opened.  All bids met specifications.  BTA Services Ltd. submitted the lowest bid meeting specifications in the amount of $62,079.75.  Council awarded the bid to BTA Services, Ltd. by Resolution No. 2003-019. 

On March 31, 2003, B.T.A. Services, Ltd. notified staff that it would not be able to execute the contract it was awarded.  Staff retained the bid security from BTA Services in the amount of $3,150.00.  Stripe-A-Zone, Inc. was the second lowest bidder meeting specifications for an amount of $75,596.75.

Funds are available in the amount of $63,550.00 in the 2002-2003 Public Works budget to maintain existing markings, and funds in the amount of $35,000.00 are available in the Non-Bond Capital Improvements Fund to install markings on streets resurfaced this year for a total of $98,550.00.

The Director of Public Works recommends adopting Resolution No. 2003-052 rejecting the bid from BTA Services for street marking installation at various locations and awarding the bid to the second lowest bidder, Stripe-A-Zone, Inc. in an amount not to exceed $75,596.75.00.

Mayor Pro Tem Bird asked if BTA Services had even given the City an answer as to why they will not perform the work.  Mark Pavageaux, Director of Public Works, replied that in a written response they indicated that they were unsure their company would receive the bid, and they had scheduled other work and did not allow time to do the work in Farmers Branch.  Mayor Phelps asked if this was about twenty percent higher and would it be better to rebid.  Mr. Pavageaux stated he did not believe the City would receive a better bid price and he also stated this project is related to the City’s overlay program which is to begin soon. 

There being no further discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting “aye,” adopted Resolution No. 2003-052 rejecting the bid from BTA Services for street marking installation at various locations and awarding the bid to the second lowest bidder, Stripe-A-Zone, Inc. in an amount not to exceed $75,596.75.

D.5      CONSIDER APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD, THE COMMUNITY WATCH COMMITTEE, THE LIBRARY BOARD, THE PLANNING AND ZONING COMMISSION, THE TAX INCREMENT FINANCING REINVESTMENT ZONES ONE AND TWO BOARDS, THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, AND THE PARKS AND RECREATION BOARD AND TAKE APPROPRIATE ACTION.

A motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro Tem Walden, all voting “aye,” reappointed Tommy Counts and Greg Laub to the Community Watch Committee.

A motion by Councilwoman Davis, seconded by Councilman Moses, all voting “aye,” reappointed Michael Spicer, John Burke, Linda Groomer, Margaret Somereve, Jeff Fuller, Jerry Murawski, and Mary Jane Stevenson to the Tax Increment Financing Reinvestment Zone No. One and Two.

Mayor Phelps stated the Historical Preservation and Restoration Board, the Library Board, the Planning and Zoning Commission, the School-Community Relations Committee, and the Parks and Recreation Board will be brought back to the next meeting.

D.6      CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION.

            There were no travel reports or requests. 

D.7      PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS.

Councilwoman Davis stated she attended a church picnic at the Gussie Field Watterworth Park Pavilion on Sunday, and she wanted the staff and Park Board to know what wonderful parks the City has.  She stated there were over 100 people enjoying the park.

MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:30 P.M. WORK SESSION.  MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:40 P.M. AND THEN CONCLUDED AT 7:10 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 or trade or leases of City owned property or acquisition of property located in the area known as Old Farmers Branch.

Mayor Phelps explained that staff was present to discuss this item with the City Council.

E.2            DISCUSS ECONOMIC DEVELOPMENT - TEXAS GOVERNMENT CODE SECTION 551.087. 

Discuss Economic Development Incentive and Sales Agreement with Southwestern Bell Telephone Company concerning two tracts of land north of Valley View Lane and on the east side of Denton Drive.

Mayor Phelps explained staff was present to discuss this item with the City Council.

E.3            DISCUSS PENDING OR CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071.

Discuss status of environmental cleanup efforts at the former St. Stephens Dry Cleaners site located at 2788 Valwood Parkway.

Mayor Phelps explained staff was present to discuss this item with the City Council.

E.4            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 that City Council was updated on executive items and no action was necessary.

F.2            ADJOURNMENT.

A motion by Deputy Mayor Pro Tem Walden, seconded by Mayor Pro Tem Bird, all voting “aye” adjourned the City Council meeting of April 21, 2003 at 8:38 p.m.

___________________________                  _____________________________

Bob Phelps, Mayor                                     Cindee Peters, City Secretary