City of Farmers
Branch
City Council
Regular Meeting Agenda
City Hall Plaza
13000 William
Dodson Parkway
Farmers Branch,
Texas
Monday, December
1, 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
Assistant City Manager
Linda Groomer
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
Matthew 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
Mayor
Phelps called the City Council meeting of December 1, 2003 to order at 7:30 p.m.
The meeting was televised.
A.1 INVOCATION
AND PLEDGE OF ALLEGIANCE.
Councilman Robinson gave the invocation and led the pledge of allegiance.
A.2
RECOGNITION OF KATIE ROBERTS, CHAIR, SENIOR ADVISORY BOARD, IN RECEIVING
TEXAS RECREATION AND PARKS SOCIETY REGION 3 ADVOCATE OF THE YEAR AWARD.
Mayor Phelps
presented the following information. At
the Texas Recreation and Parks Society Region 2 and 3 Joint Conference, held in
Mesquite on Friday, November 14, Katie Roberts was named Advocate of the Year
for Region 3. Region 3 primarily
encompasses the Dallas area north to Oklahoma and east to Louisiana and
Arkansas. Katie was selected over
several other nominees to receive this prestigious award, which is presented in
recognition of someone who is not a parks and recreation professional, but who
works to promote the benefits of leisure services.
Katie began
volunteering at the Farmers Branch Senior Center 14 years ago primarily as an
exercise instructor. She has been a
dedicated advocate of the Center and the entire Parks and Recreation Department
ever since, and one of her greatest accomplishments was seeing the fruition of
the Farmers Branch Senior Center in 1999.
In July of 1990,
Katie was selected to be a member of the Senior Advisory Council, becoming the
recording secretary in January 1991, and being elected chair of the Senior
Advisory Council in 1995 where she continued her efforts as an advocate of a new
Senior Center for Farmers Branch.
In 1998, the City
Council appointed a Senior Task force to help with creation of the new Senior
Center, with Katie as chair. The
Task Force was involved with the selection of the architect and the interior
design firm. Members worked to
design, decorate, and furnish a beautiful, usable, and popular facility.
The Task Force, under Katie’s guidance, did an outstanding job in
assisting with the creation of an outstanding Senior Center.
In 1999 the Senior
Advisory Council became the Senior Advisory Board, and Katie continued as chair.
In September of this year, Katie was elected by her peers to chair the
Farmers Branch Senior Advisory Board for the fifth year in a row.
Katie is always
positive and enthusiastic about the Senior Center and its offerings and is a
tireless advocate for seniors. Katie’s
hard work and countless volunteer hours help make the Farmers Branch Senior
Center successful and available to Farmers Branch seniors. Farmers Branch is fortunate to have a resident who gives so
much of herself.
Mayor Phelps
presented Katie with the Texas Recreation and Parks Society Region 3 Advocate of
the Year Award.
A.3
PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL
REPORTING.
Mayor Phelps
presented the following information. The
City of Farmers Branch was recently notified it received the Certificate of
Achievement for Excellence in Financial Reporting for its 2002 Comprehensive
Annual Financial Report. This award is given by the Government Finance Officers
Association (GFOA) as the highest form of recognition in government accounting
and financial reporting.
The Government
Finance Officers Association’s Certificate of Achievement for Excellence in
Financial Reporting Program was founded in 1945. The program was instituted to
encourage all government units to prepare and publish an easily readable and
understandable comprehensive annual financial report covering all funds and
financial transactions of the government during the year.
The GFOA believes
that governments have a special responsibility to provide the public with a fair
presentation of their financial affairs. These annual financial reports go
beyond the requirements of generally accepted accounting principles to provide
the many users of governmental financial statements with a wide variety of
information useful in evaluating the financial condition of a government. Bond
rating agencies favorably consider this award during the credit evaluation
process.
The City of Farmers
Branch has received a Certificate of Achievement for the past thirteen
consecutive years. Out of 1,400 governmental units in the State of Texas, fewer
than 200 have received this award.
Mayor Phelps
presented the distinguished Budget Presentation award to Charles Cox, Finance
Director and Mayve Strong, Chief Accountant.
A.4
PRESENTATION OF DISTINGUISHED BUDGET PRESENTATION AWARD.
Mayor Phelps
presented the following information. The
Government Finance Officers Association of the United States and Canada (GFOA)
recently presented an award of Distinguished Budget Presentation to the City of
Farmers Branch for its 2002-03 budget. The award represents a significant
achievement by Farmers Branch. It reflects the commitment of the City Council
and staff to meet the highest principles of governmental budgeting. This is the
sixth consecutive year that the City has won this award.
Since the inception
of the GFOA’s Distinguished Budget Presentation Awards Program in 1984,
approximately 700 entities have received the award. Award recipients have
pioneered efforts to improve the quality of budgeting and provide an excellent
example for other governments throughout North America.
In order to receive
this award, a governmental unit must publish a budget document that meets
program criteria as a policy document, as an operations guide, as a financial
plan, and as a communications device.
Mayor Phelps
presented a Certificate of Achievement for Excellence in Financial Reporting to
Charles Cox, Finance, Director, and Mayve Strong, Chief Accountant.
A.5 PRESENTATION
OF BOARD APPLICATIONS.
There were no
applications presented.
A.6 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 Councilman Robinson, all voting “aye,”
approved the Consent Agenda as submitted.
B.1
APPROVED MINUTES OF CITY COUNCIL MEETING OF NOVEMBER 17, 2003.
B.2 ADOPTED
ORDINANCE NO. 2749 AMENDING THE EXISTING ELECTRIC FRANCHISE WITH ONCOR ELECTRIC
DELIVERY COMPANY.
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.
C.1 CITIZEN
PARTICIPATION.
John Wells, 13521
Heartside Place, stated he knows that Carrollton will be televising their Study
Session in the future and he feels Farmers Branch should do the same.
He stated he would like to have more information on the Consent Agenda
items. Mr. Wells also expressed his
concerns about appointing a City Chaplain.
C.2
PUBLIC HEARING: CONSIDER THE REQUEST BY GOOD FULTON AND FARRELL ON BEHALF OF
PARISH EPISCOPAL SCHOOL TO AMEND THE EXISTING SPECIFIC USE PERMIT FOR A PRIVATE
SCHOOL INCLUDING ATHLETIC FACILITIES, ON AN APPROXIMATE 50 ACRE SITE LOCATED AT
4101 SIGMA ROAD, WITHIN THE PLANNED DEVELOPMENT NUMBER 64 ZONING DISTRICT,
CONSIDER ORDINANCE NO. 2747 AND TAKE APPROPRIATE ACTION.
Mayor Phelps
presented the following information. During
2001, a specific use permit was approved for a private school, including
athletic facilities. The applicant
is seeking to amend the approved specific use permit to allow for modifications
to the athletic playfields, gymnasiums, an auditorium and concessions building,
as well as amendments to fencing, landscaping, security and parking lot
improvements.
Important issues
associated with the initial specific use permit approval included safety and
security of the campus, ensuring off-street parking for athletic facilities,
lighting and landscaping.
The proposed
specific use permit amendment is in keeping with the intent and parameters
stipulated in the approved specific use permit and does not compromise campus
security.
The applicant has
submitted an amended Detailed Operational Procedures Plan for review by the
Police Chief. The plan reflects
amendments consistent with the improvements shown on the associated site plan
drawings.
The Planning and
Zoning Commission unanimously recommends approval of the proposed specific use
permit amendment, with the seven conditions included within the attached
Ordinance 2747.
The conditions
pertain to security of the campus including:
Police Department review of future amendments to the Detailed Operational
Procedures Plan, security plan and surveillance system; timing of construction
for the proposed south parking lot; fencing; maintenance of the existing 10-inch
water line; replatting; lighting; and timing for installation of trees along the
east side of the proposed tennis courts.
Mayor Phelps opened the public hearing.
Donald R. Kubala, 2808 Fairmont, Suite 500, Dallas, on behalf of Parish Episcopal School, discussed the layout of the school on each floor and functions of the school. He outlined the proposed revisions to the specific use permit.
A motion by Deputy Mayor Pro Tem Moses, seconded by
Councilwoman Smith, all voting “aye,” closed the public hearing.
Mayor Phelps asked Mr. Kubala if Parish Episcopal School was
in agreement with the seven conditions recommended by the Planning and Zoning
Commission. Mr. Kubala replied yes.
Mayor Phelps asked Mr. Kubala about the three drop off points.
Mr. Kubala explained there is the existing drop off on the east side, one
on the west side and there would be another on the south side.
Councilman Bird asked Chief Fawcett about the safety of the
school. Chief Fawcett stated the
school has been in operation for more than a year
and he has worked closely with them. He
stated the school is one of the more secure schools in this area.
Councilman Bird complimented City staff and the Planning and
Zoning Commission for doing an outstanding job on this agenda item.
A motion by Councilman Robinson, seconded by Mayor Pro Tem
Walden, all voting “aye,” adopted the following captioned Ordinance No. 2747
approving the specific use permit amendment including the conditions 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 AMENDMENT FOR A PRIVATE SCHOOL INCLUDING ATHLETIC FACILITIES, ON AN
APPROXIMATE 50-ACRE TRACT OF LAND LOCATED AT 4101 SIGMA ROAD (FORMERLY 13777
MIDWAY ROAD) AND WITHIN THE PLANNED DEVELOPMENT NUMBER 64 (PD-64) ZONING
DISTRICT; AMENDING AND REPLACING ORDINANCE 2595; 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 RESOLUTION NO. 2003-158 AMENDING THE DESIGN/BUILD CONTRACT
BETWEEN THE CITY OF FARMERS BRANCH AND CENTEX/HKSII, LLC AND TAKE THE
APPROPRIATE ACTION.
Mayor Phelps presented the following information. On September 22, 2003, the City Council approved the Design/Build contract with Centex/HKS II, LLC. At that time, the City Attorney, John Boyle, and the Centex attorney, Rodney Moss, were in discussion relative to the performance bond requirement. Centex did not include the cost of a performance bond in the construction estimates and had stated to the City that Duncanville and Frisco had accepted a Letter of Guaranty in lieu of a performance bond.
Mr. Boyle, the City
Attorney, has determined that the City can accept the Letter of Guaranty with
Centex Construction Company, Inc. Therefore,
the contract language in Section XII, D., has been amended to reflect the
acceptance of the Letter of Guaranty.
In addition to the
amended language in Section XII, D. (page 24 of the contract), wording was
changed in Section IV, A.i. (page 8 of the contract), Section VI, Z. (page 13 of
the contract) and Section XXXIV, D. (page 42 of the contract).
There being no
discussion, a motion by Councilman Bird, seconded by Councilman Robinson, all
voting “aye,” approved Resolution No. 2003-158 amending the Design/Build
contract with Centex/HKS II, LLC.
D.2
CONSIDER ADOPTING RESOLUTION NO. 2003-148 DECLARING OFFICIAL INTENT TO
REIMBURSE CERTAIN EXPENDITURES RELATING TO THE CONSTRUCTION OF THE DR PEPPER
STARS/CONFERENCE CENTER WITH BORROWING PROCEEDS AND TAKE APPROPRIATE ACTION.
Mayor Phelps
presented the following information. Construction
will soon begin on the new Dr Pepper Stars/Conference Center to be located at
the site once occupied by the Word of Faith Church. This facility will be
financed through the issuance of bonds to be repaid primarily from payments
received by leasing the facility to the Dallas Stars.
In order to
minimize financing costs and better match debt service payments with lease
payments, it is recommended to delay issuing the bonds until after construction
has already begun. Costs associated with project construction can only be
reimbursed with bond proceeds if the City declares its official intent to
reimburse the costs prior to bonds being issued. Resolution No. 2003-148
fulfills this requirement.
This resolution
authorizes the City Manager or authorized designee to expend up to $9,100,000
for costs associated with the construction of the Dr Pepper Stars/Conference
Center from current funds available in the City’s general fund balance and
capital improvement project fund balance. A mid-year budget amendment will
reflect these expenditures to be reimbursed from bond proceeds once the bonds
have been issued.
There being no
discussion, a motion by Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tem
Moses, all voting “aye,” adopted Resolution No. 2003-148 declaring the
official intent to reimburse certain expenditures relating to the construction
of the Dr Pepper Stars/Conference Center with borrowing proceeds.
D.3
CONSIDER ADOPTING RESOLUTION NO. 2003-155 AWARDING THE BID FOR CLEANING
AND SEALING OF JOINTS AND CRACKS IN STREETS AT VARIOUS LOCATIONS AND TAKE
APPROPRIATE ACTION.
Mayor Phelps
presented the following information. The
Public Works Department administers an annual crack and joint seal program.
Bid requests for the 2003-04 programs were mailed to ten vendors, and two
were picked up from the Purchasing Agent. Four
bids were received and opened on November 4, 2003, and all bids met
specifications. Silver Creek Construction submitted the lowest bid meeting
specifications in the amount of $94,700.00.
Silver Creek Construction has performed work for the City in the past and
their work was satisfactory.
Funds in the amount
of $115,000.00 are available in the 2003-04 Public Works operating budget to
fund the program. If awarded, the
2003-2004 contract will allow the City to seal approximately 23 lane miles of
joints and cracks at various locations at a cost of $94,700.00.
There being no discussion, a motion by Deputy Mayor Pro Tem Moses, seconded by Councilwoman Smith, all voting “aye,” adopted Resolution No. 2003-155 awarding the bid for cleaning and sealing of joints and cracks to Silver Creek Construction in the amount of $94,700.00.
D.4
CONSIDER APPOINTMENTS TO THE VALWOOD IMPROVEMENT AUTHORITY, SENIOR
ADVISORY BOARD, THE HISTORICAL PRESERVATION AND RESTORATION BOARD, AND THE
SCHOOL-COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE ACTION.
A motion by Mayor
Pro Tem Walden, seconded by Councilwoman Smith all voting “aye,” reappointed
Buddy Rees to the Valwood Improvement Authority.
A motion by Mayor
Pro Tem Walden, seconded by Councilman Robinson, all voting “aye,” moved
Helen Bridgeforth to Place 6, Rebecca Crawford from Alternate Place 2 to
Alternate Place 1, and appointed Clare Connally to Alternate Place 2.
D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION.
There were no travel reports or requests.
D.6
PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS.
Deputy Mayor Pro
Tem Moses stated he attended the Metrocrest Social Service Center meeting the
prior week. He stated the Center
received an award in Excellence in Technology along with a
$5,000 check. Deputy Mayor
Pro Tem Moses gave a summary of the Center’s activities for December.
Councilwoman Smith
stated she and Councilman Robinson completed the mini Southwestern Medical
School program. She stated
the last class was held on November 19th and it was excellent.
She encouraged those that are interested to attend.
Mayor Phelps
announced the City’s tree lighting would be held on Saturday, December 6th
at 7 p.m. at the Historical Park and invited everyone to attend.
He also hoped everyone had a healthful Thanksgiving and now looks forward
to the Christmas season.
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 6:52 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 the sale, trade or leases
of city owned property or acquisition of property in the Farmers Branch Station
Area, Farmers Branch, Texas.
Mayor Phelps
explained that Staff was present to discuss this item with the City Council.
E.2
DISCUSS PENDING AND 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 that Staff was present to discuss this item with the City Council.
F.1
CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION.
Mayor Phelps stated
that Staff was present to discuss these items with the City Council and no
action was necessary.
F.2
ADJOURNMENT
A motion by Mayor Pro Tem Walden,
a second by Councilman Robinson, all voting “aye”, adjourned the City
Council meeting of December 1, 2003 at 8:20 p.m.
_________________________
_________________________
Bob Phelps, Mayor
Cindee Peters, City Secretary