City of Farmers Branch

City Council Regular Meeting Agenda

City Hall Plaza

13000 William Dodson Parkway

Farmers Branch, Texas

Monday, April 5, 2004

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

Junie Smith

Ben Robinson

The following members of Administration were present:

City Manager Linda Groomer

Assistant City Manager Mary Jane Stevenson

Assistant City Manager Greg Vick

City Secretary Cindee Peters

Assistant to the City Manager Margaret Somereve

City Attorney John Boyle

Director of Finance Charles Cox

Fire Chief Kyle King

Police Chief Jimmy Fawcett

Acting Library Director Kate Lyon

City Engineer Jerry Murawski

Director of Communications Tom Bryson

Director of Public Works Mark Pavageaux

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 April 5, 2004 to order at 7:34 p.m. The meeting was televised.

A.1 INVOCATION AND PLEDGE OF ALLEGIANCE.

Councilwoman Smith gave the invocation and pledge of allegiance.

A.2 CONSIDER ACCEPTING A DONATION FROM THE FARMERS BRANCH WOMAN'S CLUB TO THE MANSKE LIBRARY IN THE AMOUNT OF $150 AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The Farmers Branch Woman’s Club has donated $150 to the Manske Library for the “Books for Babies” program that has been sponsored by the Farmers Branch Woman’s Club since 1997. Designed to promote family literacy, the program provides a bag of books for newborns whose parents are Farmers Branch residents. Interested parents need only to bring a form of identification with current street address, as well as their newborn or the newborn’s birth certificate to the Library to receive the bag of books.

Cathy Fettke, Farmers Branch Woman’s Club’s coordinator for the “Books for Babies” program, presented the Club’s donation to Interim Library Director Kate Lyon and Youth Services Supervisor Honey Goodwin.

A motion by Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tem Moses, all voting “aye,” accepted the donation from the Farmers Branch Woman’s Club to purchase materials for the “Books for Babies” program with appropriate thank you letter.

A.3 CONSIDER ACCEPTING HISTORICAL PARK DONATIONS FOR THE FIRST QUARTER 2004 AND TAKE APPROPRIATE ACTION.

Ron Doerler, Chairman of the Historical Preservation and Restoration Board, recommended the following items for Council’s approval.

· Crocheted clothing, purse and table cloths in memory of Margie Nix from Herldine Radley of Dallas, Texas.

· Hand held brass school bell; wall mount sales slip clip from the R.E. Hopper Store in Elwood, Texas from Mary Jo Phillips of Farmers Branch.

The Director of the Parks and Recreation Department recommended accepting the first quarter donations to the Historical Park.

A motion by Councilwoman Smith, seconded by Councilman Robinson, all voting “aye,” accepted the first quarter donations to the Historical Park.

A.4 PRESENTATION OF SERVICE AWARD.

Mayor Phelps presented a 25-year employee service award to Travis Specht of the Fire Department.

A.5 PRESENTATION OF SERVICE AWARD.

Mayor Phelps presented a 30-year employee service award to Cindee Peters of Administration.

A.6 PRESENTATION OF SERVICE AWARD.

Mayor Phelps presented a 30-year employee service award to Jimmy Fawcett of the Police Department.

A.7 PRESENTATION OF BOARD APPLICATIONS.

There were no board applications presented.

A.8 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.

Assistant City Manager Mary Jane Stevenson gave a brief presentation on Legislative Update for School Finance Reforms and the possible impact on cities.

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 Councilwoman Smith, all voting “aye,” approved the Consent Agenda as submitted.

B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MARCH 15, 2004

B.2 ADOPTED RESOLUTION NO. 2004-040 AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO ARTICLE 5, SUBSECTION 5.3 (B), OF THE GROUND LEASE AGREEMENT BETWEEN THE DALLAS STARS, L.P. AND THE CITY OF FARMERS BRANCH.

B.3 ADOPTED RESOLUTION NO. 2004-036 APPROVING AMENDMENT NO. 1 TO THE ENGINEERING SERVICES AGREEMENT WITH CARTER AND BURGESS, INC. FOR DESIGN OF A SANITARY SEWER LIFT STATION NEAR LUNA ROAD AND PARKWEST BOULEVARD.

B.4 ADOPTED RESOLUTION NO. 2004-037 APPROVING AMENDMENT NO. 2 FOR ADDITIONAL SANITARY SEWER DESIGN TO THE ENGINEERING SERVICES AGREEMENT WITH CARTER AND BURGESS, INC. FOR THE DESIGN OF MERCER PARKWAY FROM VALLEY VIEW LANE TO 300 FEET EAST OF LUNA ROAD.

B.5 ADOPTED RESOLUTION NO. 2004-035 AWARDING THE PERMITTING AND DESIGN SERVICES FOR THE CAMELOT LANDFILL GAS COLLECTION AND CONTROL SYSTEM TO WEAVER BOOS CONSULTANTS, LLC-SOUTHWEST.

B.6 ADOPTED ORDINANCE NO. 2763 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 4, TURNING MOVEMENTS, SECTION 82-62; RELATIVE TO PROHIBITING LEFT TURNS FROM EASTBOUND VALLEY VIEW LANE INTO THE CITIZEN COLLECTION CENTER DRIVEWAY.

AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, OPERATION OF VEHICLES, DIVISION 4, TURNING MOVEMENTS, SECTION 82-62, LEFT TURNS PROHIBITED; PROVIDING A PENALTY; AND PROVIDING A SEVERABILITY CLAUSE.

B.7 ADOPTED RESOLUTION NO. 2004-038 AWARDING THE BIDS FOR MEDICAL SUPPLIES FOR THE FIRE DEPARTMENT.

B.8 AUTHORIZED THE CITY MANAGER TO EXECUTE A PARKING LICENSE AND ACCESS AGREEMENT WITH DALLAS AREA RAPID TRANSIT FOR USE OF ITS PARKING FACILITIES FOR SPECIAL EVENTS DURING THE 2004 CALENDAR YEAR.

C.1 CITIZEN PARTICIPATION.

John Wells, 13521 Heartside Place, expressed his concerns about all the vending machines in the City and asked if the City requires a permit for these vending machines.

Nick Korba, 13210 Shahan, stated he received an informative letter from Dave Davis about the traffic on Brookhaven Club Drive but he still thinks there needs to be street signs regarding golfers.

C.2 PUBLIC HEARING: CONSIDER REQUEST BY MBZ ENTERPRISES LTD FOR APPROVAL OF MBZ ADDITION, BEING A REPLAT OF A PORTION OF METROPOLITAN OFFICE PARK REVISED AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. MBZ Addition is a developed lot located on Omega Road approximately 125 feet north of Alpha Road. The property is being replatted to create two lots from a portion of the tract of land known as Block B, Metropolitan Office Park Revised. The south lot will have a vacant commercial building with adjacent parking. The north lot is presently paved. The two proposed lots will have a total combined area of approximately one acre. The owner has indicated that the property is being replatted so that the two lots can be developed or redeveloped independently. A replat of each lot independently may be required in the future if additional easements are needed. Because it is located in the LI zoning district, a site plan is not required.

Texas Local Government Code requires that a public hearing be conducted for all replats that do not vacate a preceding plat of a subdivision or portion of a subdivision. The public hearing provision provides interested parties and citizens an opportunity to be heard but does not require written notification.

MBZ Addition is consistent with the Texas Local Government Code, and with City requirements for a replat.

The Planning and Zoning Commission recommends approval of MBZ Addition for replat.

Mayor Phelps opened the public hearing.

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

There being no discussion, a motion by Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tem Moses, all voting “aye,” approved the MBZ Addition replat.

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C.3 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2764 AMENDING ORDINANCE NO. 2532 BY MODIFYING THE CITYWIDE MASTER THOROUGHFARE PLAN TO DELETE THE HIGH OCCUPANCY VEHICLE ACCESS RAMP BETWEEN DENTON DRIVE AND IH35E SOUTH OF CARRICK STREET AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The Citywide Master Thoroughfare Plan provides for a potential high occupancy vehicle access ramp located south of Carrick Street between Denton Drive and IH35E across the Dr. Pepper-StarCenter site. A high occupancy vehicle, or HOV, is a vehicle with two or more passengers. The HOV access ramp previously was envisioned to provide a means for DART buses and carpools to gain access from the DART transit center to future permanent HOV lanes located in the center of IH35E.

The design for the IH35E/IH635 interchange has now located the HOV access under IH35E at the Harry Hines Blvd. crossing. Therefore the HOV access ramp previously contemplated at the location shown on the thoroughfare plan is no longer needed or appropriate. The City is the only property owner within 400 feet of the HOV Access Ramp location; therefore no property owner notification was necessary.

Mayor Phelps opened the public hearing.

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

There being no discussion, a motion by Councilman Bird, seconded by Councilman Robinson, all voting “aye,” adopted the following captioned Ordinance No. 2764 approving the requested changes to the City-wide Master Thoroughfare Plan.

AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY-WIDE MASTER THOROUGHFARE PLAN ORDINANCE NO. 2532, TO DELETE AN HOV ACCESS RAMP; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.

C.4 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2765 APPROVING THE REQUEST OF HKS, INC. FOR A SPECIFIC USE PERMIT FOR AN INDOOR COMMERCIAL AMUSEMENT, THE DR PEPPER STARCENTER AND CONFERENCE CENTER, LOCATED ON AN APPROXIMATE 12 ACRE SITE LOCATED AT 12700 STEMMONS FREEWAY, WITHIN THE PLANNED DEVELOPMENT NUMBER 70, THE OLD FARMERS BRANCH FREEWAY SUBDISTRICT, AND TAKE APPROPRIATE ACTION.

Mayor Phelps opened the public hearing. The proposed Dr Pepper StarCenter and Conference Center is to be located on the former Farmers Branch Convention Center and Word of Faith property. The property and improvements will be owned by the City of Farmers Branch and leased to the Dallas Stars. Oncor has relocated overhead transmission line utilities along Carrick Street and the Stemmons Freeway frontage road to accommodate the project.

The gross floor area of the proposed Dr Pepper StarCenter and Conference Center is approximately 93,400 square feet. Two National Hockey League regulation-size ice rinks, a retail store, food grill and dining area will occupy the structure’s lower level. The second floor will include meeting rooms, a common area and bar area, all of which will overlook the ice rinks. Amendments to the City’s alcohol regulations and approval of a separate specific use permit will be required to allow alcohol sales.

The Planned Development 70 zoning district allows special exceptions to its development standards subject to approval by the Planning and Zoning Commission. The Commission has approved special exceptions related to setbacks, sanitation container placement, sidewalks, screening, wheel stops, landscaping and irrigation. The site plan associated with the specific use permit reflects the special exceptions approved by the Planning and Zoning Commission. The special exceptions primarily address development phasing considerations and site constraints, but also allow for building placement and a site layout that are more consistent with the vision and concepts adopted in the Station Area Plan.

The Planning and Zoning Commission, by unanimous vote, recommends approval of the specific use permit and the associated site plan.

Mayor Phelps opened the public hearing.

Randy Locey, 2601 Avenue of the Stars, requested Council’s approval of the specific use permit request.

A motion by Deputy Mayor Pro Tem Moses, seconded by Councilwoman Smith, all voting “aye,” closed the public hearing.

Tina Firgens, Senior Planner, gave a brief presentation and stated that the proposed specific use permit application is consistent with the direction received from Council earlier this year pertaining to the site layout and building elevations. She also stated that the proposed use is compatible with the mixed-use long-range plan for the overall station area and opportunities for future retail and office uses have been reserved for the northeast corner of the subject property.

There being no further discussion, a motion by Councilman Robinson, seconded by Councilman Bird, all voting “aye,” adopted the following captioned Ordinance 2765 approving the specific use permit, including the associated site plan.

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 INDOOR COMMERCIAL AMUSEMENT FACILITY ON AN APPROXIMATE 12.15-ACRE TRACT LOCATED AT 12700 STEMMONS FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 70 OLD FARMERS BRANCH FREEWAY SUBDISTRICT (PD-70 OFB-FW)) ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OR 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 ORDINANCE NO. 2762 PROVIDING FOR THE ISSUANCE AND SALE OF CITY OF FARMERS BRANCH, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, TAXABLE SERIES 2004, IN THE AGGREGATE PRINCIPAL AMOUNT OF APPROXIMATELY $7,895,000; APPROVING THE LIMITED OFFERING MEMORANDUM; PROVIDING FOR THE SECURITY AND PAYMENT OF SAID CERTIFICATES; AWARDING THE SALE THEREOF; AND ENACTING OTHER PROVISIONS RELATING THERETO AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. On February 16, 2004, the City Council approved Resolution No. 2004-017 authorizing the publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation, Taxable Series 2004 and Tax-Exempt Series 2004A, in a principal amount not to exceed $8,900,000 for the Dr Pepper/Stars Conference Center to be located at 12700 N. Stemmons. This notice was published in the manner required by law on March 12^th and 19^th, 2004, with a scheduled meeting date and time of April 5, 2004. All legal requirements necessary to issue these bonds have been met. The bonds will be sold on April 5, 2004, pending approval of this ordinance.

Ordinance No. 2762 provides for the issuance, sale, and delivery of Combination Tax and Revenue Certificates of Obligation, Taxable Series 2004, in an amount not to exceed $7,895,000 and enacts other provisions to provide for the sale of these certificates. Ordinance No. 2767, also on this meeting’s agenda, provides for the issuance, sale, and delivery of Combination Tax and Revenue Certificates of Obligation, Tax-Exempt Series 2004A, in an amount not to exceed $970,000. The principal amount for both bond issues will not exceed $8,900,000.

John Wells, 13521 Heartside Place, expressed his concerns with the caption on the agenda not specifying what the bonds would be used for. City Attorney John Boyle stated the notice is published in the newspaper explaining what the bonds would be used for. Mr. Wells stated not everyone reads the newspaper. City Manager Linda Groomer replied the captions were correct from a legal standpoint. She added that the purpose of the bonds could have been incorporated on the Council agenda.

Mayor Phelps commented that the bond issuance was explained at the last City Council Meeting.

Charles Cox, Director of Finance, stated agenda items D.1 and D.2 provide for the authorization for the sale of bonds for the Dr Pepper StarCenter to be repaid from lease payments. He stated Ben Brooks of Vinson and Elkins, the City’s bond counsel and Boyd London and Jason Hughes with First Southwest, the City’s financial advisors, were available to answer any questions the Council may have.

Mr. London reviewed the results of the bond sale with Council as well as the bond ratings and analyses provided by Moodys and Standard & Poor’s.

After a lengthy discussion, a motion by Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tem Moses, all voting “aye,” adopted the following captioned Ordinance No. 2762 providing for the issuance, sale, and delivery of Combination Tax and Revenue Certificates of Obligation, Taxable Series 2004, in an amount not to exceed $7,895,000.

AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FOR THE ISSUANCE OF CITY OF FARMERS BRANCH, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, TAXABLE SERIES 2004, IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,895,000; APPROVING THE LIMITED OFFERING MEMORANDUM; AND ENACTING OTHER PROVISIONS RELATING THERETO AND BECOMING EFFECTIVE AFTER PASSAGE.

D.2 CONSIDER ADOPTING ORDINANCE NO. 2767 AUTHORIZING THE ISSUANCE AND SALE OF CITY OF, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2004A, IN THE AGGREGATE PRINCIPAL AMOUNT OF APPROXIMATELY $970,000; APPROVING THE OFFICIAL STATEMENT; PROVIDING FOR THE SECURITY AND PAYMENT OF SAID CERTIFICATES; AWARDING THE SALE THEREOF; AND ENACTING OTHER PROVISIONS RELATING THERETO AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. On February 16, 2004, the City Council approved Resolution No. 2004-017 authorizing the publication of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation, Taxable Series 2004 and Tax-Exempt Series 2004A, in a principal amount not to exceed $8,900,000, for the Dr Pepper/Stars Conference Center to be located at 12700 N. Stemmons. This notice was published in the manner required by law on March 12^th and 19^th, 2004 with a scheduled meeting date and time of April 5, 2004. All legal requirements that relate to issuing these bonds have been met. The bonds will be sold on April 5, 2004, pending approval of this ordinance.

Ordinance No. 2762, approved earlier this evening, provided for the issuance, sale, and delivery of Combination Tax and Revenue Certificates of Obligation, Taxable Series 2004, in an amount not to exceed $7,895,000. This ordinance provides for the issuance, sale, and delivery of Combination Tax and Revenue Certificates of Obligation, 2004A (tax exempt series), in an amount not to exceed $970,000, and enacts other provisions to provide for the sale of these certificates. The combined principal amount for the issuance of the Taxable Series 2004 and Series 2004A (tax exempt series) bonds will not exceed $8,900,000.

There being no discussion, a motion by Councilwoman Smith, seconded by Deputy Mayor Pro Tem Moses, all voting “aye,” adopted the following Ordinance No. 2767 providing for the issuance, sale, and delivery of Combination Tax and Revenue Certificates of Obligation, Series 2004A, in an amount not to exceed $970,000.

AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF FARMERS BRANCH, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2004A, IN THE AGGREGATE PRINCIPAL AMOUNT OF $970,000; APPROVING THE OFFICIAL STATEMENT; ENACTING OTHER PROVISIONS RELATING THERETO; AND BECOMING EFFECTIVE AFTER PASSAGE.

D.3 CONSIDER ADOPTING RESOLUTION NO. 2004-041 OPPOSING TAX SYSTEM REFORMS THAT WOULD NEGATIVELY AFFECT CITY REVENUES AND ECONOMIC DEVELOPMENT EFFORTS AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The Texas State Legislature and the Governor have been attempting to create a plan to establish a more effective, equitable way to finance public education. In anticipation of a special session on the topic this spring, the Governor announced his plan to finance public schools on March 11, 2004.

Although Texas cities’ portion of the total property tax bill averages only 15%, the Governor’s proposal would decrease the existing residential appraised value cap from a 10% to a 3% increase each year. His plan could compromise a city’s ability to continue existing programs and address natural disasters and other unforeseen circumstances including unfunded mandates. The cap that the Governor proposes could also negatively affect a city’s bond rating which, in turn, affects the interest rate a city has to pay in the event that it must issue long-term debt.

The Governor’s plan exempts business properties from the proposed cap on property appraisals thereby shifting the property tax burden to those properties and negatively affecting economic development within Texas.

For these reasons, the Texas Municipal League and the Texas Association of Counties have come out against the Governor’s plan to finance public education in Texas.

Mayor Phelps stated the Governor’s plan does not help the cities in maintaining their level of government. Mayor Phelps stated the mayors in Tarrant County are also opposed to the Governor’s proposal. Mayor Phelps stated he supports the resolution and it will be sent to the Governor, Lieutenant Governor and Speaker of the House stating the City of Farmers Branch is against this proposal.

Mayor Pro Tem Walden asked for clarification of what the tax system reform has to do with public education services. City Manager Linda Groomer stated this proposal would impact the City severely. She stated it shifts the responsibility, taking revenues from local government coffers.

Assistant City Manager Mary Jane Stevenson stated she is in agreement with the City Manager. This tax system reform is being called a diversionary tactic to take the emphasis away from the State handling of school finances. The Governor is placing the attention on local governments, counties and schools instead of the State.

Mayor Pro Tem Walden asked what the School Board’s reaction was to this issue. Ms. Stevenson replied the School Board is quite concerned.

There being no further discussion, a motion by Mayor Pro Tem Walden, seconded by Councilman Robinson, all voting “aye,” adopted Resolution No. 2004-041 opposing tax system reforms that would negatively affect city revenues and economic development efforts.

D.4 CONSIDER ADOPTING RESOLUTION NO. 2004-028 APPROVING AN ENGINEERING SERVICES AGREEMENT WITH PACHECO KOCH CONSULTING ENGINEERS RELATIVE TO THE DESIGN OF PUBLIC IMPROVEMENTS ON APPROXIMATELY 66 ACRES SOUTHWEST OF I-635 AND LUNA ROAD AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The construction of public improvements on approximately 66 acres southwest of I-635 and Luna Road, southwest of the Omni Hotel, hereinafter identified as the Peninsula Tract, is the fifth improvement proposed within Tax Increment Financing Reinvestment Zone No. 1. Development Agreement No. 5, approved by the City Council on March 1, 2004, provides the conditions for which Transcontinental Investors, Inc., the developer of the Peninsula Tract, will advance funds for the design and construction of the improvements and receive reimbursement from TIF revenues for the actual funds advanced in an amount not to exceed $2,000,000 plus interest.

Pacheco Koch Consulting Engineers has been selected to perform the design of public improvements on the Peninsula Tract because the firm is performing the design for the first phase of development on the Peninsula Tract and the firm has extensive experience in providing engineering services to municipalities on similar projects. The first phase of development is a four-story building that will have 206 multifamily dwelling units with street level retail and office space.

An engineering services agreement has been prepared with Pacheco Koch Consulting Engineers for the design of Mira Lago Boulevard, a four-lane divided east-west street, and all but approximately 600 feet of Lago Vista, a four-lane undivided perimeter street, including drainage, water lines, and sanitary sewer lines in the amount not to exceed $100,000. The design will be completed within six months. The fee is consistent with the fees for similar projects. The developer will fund separately the design of approximately 600 feet of Lago Vista, adjacent to the first phase of development and that design will not be eligible for reimbursement with TIF funds. The City Attorney has reviewed and approved the agreement.

Development Agreement No. 5 provides that the developer will advance the funds for the design prior to the City approving agreements for design. The City has received $100,000 for design of public improvements on the Peninsula Tract from Transcontinental Investors, Inc.

There being no discussion, a motion by Deputy Mayor Pro Tem Moses, seconded by Councilwoman Smith, all voting “aye,” adopted Resolution No. 2004-028 approving an engineering services agreement with Pacheco Koch Consulting Engineers relative to the design of public improvements on approximately 66 acres southwest of I-635 and Luna Road.

D.5 CONSIDER ADOPTING RESOLUTION NO. 2004-033 AWARDING THE BID FOR CONCRETE PAVEMENT SECTION REPAIRS AT VARIOUS LOCATIONS TO JIM BOWMAN CONSTRUCTION CO., L.P. AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The Public Works Department administers an annual concrete pavement section repair contract as part of a long-range pavement maintenance program. This contract supplements in-house repairs by making repairs on major thoroughfares. Nine bids were received and opened on March 9, 2004.

The lowest bid meeting specifications was submitted by Jim Bowman Construction Co., L.P. in the amount of $193,850. Jim Bowman Construction Co., L.P. has performed work for the City in the past and their performance and work was satisfactory.

Funds in the amount of $249,400 are available in the 2003-2004 Public Works budget for this contract. Quantities of work were estimated and unit prices were bid for various types of pavement repairs.

There being no discussion, a motion by Councilman Bird, seconded by Mayor Pro Tem Walden, all voting “aye,” adopted the amended Resolution No. 2004-033 awarding the bid for concrete pavement section repairs at various locations to Jim Bowman Construction Co., L.P.

D.6 CONSIDER ADOPTING RESOLUTION NO. 2004-034 AWARDING THE BID FOR PAVEMENT STABILIZATION AT VARIOUS LOCATIONS TO NORTEX CONCRETE LIFT & STABILIZATION AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The Public Works Department administers an annual contract for pavement stabilization using pressure-injected polyurethane to raise concrete pavement sections that have settled.

The 2003-2004 pavement stabilization contract was advertised for bids and sent to three vendors. Three bids were received and opened on March 9, 2004. The lowest bid meeting specifications was from Nortex Concrete Lift & Stabilization in the amount of $224,555. Funds in the amount of $249,400 are available in the 2003-2004 Public Works budget for this contract. Quantities of work were estimated and payment will be made on a unit price basis. The total payment will not exceed $249,400.

There being no discussion, a motion by Councilman Robinson, seconded by Councilwoman Smith, all voting “aye,” adopted the amended Resolution No. 2004-034 awarding the bid for pavement stabilization at various locations to Nortex Concrete Lift & Stabilization for a total payment not to exceed $249,400.

D.7 CONSIDER ADOPTING RESOLUTION NO. 2004-039 AUTHORIZING THE PURCHASE OF ONE 2004 EXTENDED CAB PICKUP WITH UTILITY BODY, ONE 2004 CREW CAB PICKUP WITH UTILITY BODY AND ONE 2004 TRUCK WITH A 31-FOOT TELESCOPIC AERIAL LIFT AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The 2003-2004 Fixed Asset Fund for equipment replacement includes $149,000.00 for the purchase of a replacement extended cab pickup with utility body for Public Works Utilities Division, a crew cab pickup with utility body for the Street Division and a truck with a 31-foot telescopic aerial lift for the Engineering Department’s Traffic Division.

The State of Texas municipal purchasing regulations allow agencies such as councils of government to create cooperative purchasing programs. The North Central Texas Council of Governments does not have a cooperative purchasing program. In 1993, the City entered into an inter-local agreement with the Houston-Galveston Area Council of Governments (HGAC) to purchase vehicles. HGAC has accepted bids for vehicles that meet City specifications.

Staff recommends purchase of the following vehicles from the HGAC contractor, Philpott Ford, in Houston, Texas: one 2004 extended cab pickup with utility body and specified options for Public Works Utilities Division in the amount of $31,816.25, one crew cab pickup with utility body and specified options for the Streets Division in the amount of $34,297.25 and one truck with a 31-foot telescopic aerial lift for Engineering’s Traffic Division in the amount of $60,861.25. The total of all purchases including options and fees is $126,974.75.

There being no discussion, a motion by Councilman Moses, seconded by Mayor Pro Tem Walden, all voting ‘aye,” adopted Resolution No. 2004-039 authorizing the purchase of one 2004 extended cab pickup with utility body, one 2004 crew cab pickup with utility body and one 2004 truck with a 31-foot telescopic aerial lift.

D.8 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, ANIMAL SHELTER ADVISORY COMMITTEE, COMMUNITY WATCH COMMITTEE, LIBRARY BOARD, AND PLANNING AND ZONING COMMISSION APPEALS AND TAKE APPROPRIATE ACTION.

Mayor Phelps stated appointments to the School-Community Relations Committee and the Planning and Zoning Commission would be brought back to the April 19, 2004 City Council meeting.

A motion by Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tem Moses, all voting “aye,” reappointed Nancy McIntyre to the Animal Shelter Advisory Committee; Angie Mayo, Charles Montemayor, Rena Herod, Wanda Barker and Gene Sadler to the Community Watch Committee; Lorraine Blair, Diane Graifemberg, Gloria Aguilar, Ruby Neely and Matt Wenthold to the Library Board.

D.9 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION.

Mayor Phelps and City Manager Linda Groomer reported that they and Traffic Engineer Dave Davis traveled to Washington, DC, on March 30^th through April 1st. They reported that they accompanied DART team representatives and met with all of the Dallas County Congressional delegation, including Senators Kay Bailey Hutchinson and John Cornyn regarding the $700 million Full Funding Grant Agreement essential to the DART Rail Northwest/Southeast Corridor. In addition to representatives from the cities of Farmers Branch, Carrollton, and Dallas, representatives of Addison and Irving also participated, along with representatives of the Dallas business community. The City's government relations firm, Carolyn Chaney and Associates, also participated in the trip and provided assistance.

D.10 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS.

Councilman Robinson stated he attended a Senior Adult Services Board meeting. He stated there would be a lot of good things coming out of this organization.

Councilwoman Smith stated on March 22^nd she attended the Planning and Zoning Commission meeting at which Robin McCaffrey of Mesa Design Group presented a program on “Guidelines That Give Form.” On April 3^rd she attended the Eggstravaganza at the Historical Park.

Mayor Phelps stated on March 17^th he attended the Metrocrest Chamber Board of Directors meeting. On March 19^th at 5:30 – 8:30 p.m. he attended a Corporate Party for Oshman’s Grand Opening. On Saturday, March 20^th he attended the Ribbon Cutting for Oshman’s and presented them with a proclamation. At 6:30 p.m. he attended the Wild and Wacky Dinner sponsored by the Farmers Branch Chamber of Commerce. On March 23^rd at 9 a.m. Councilman Bird, Fred Ferguson from the Farmers Branch Chamber and he met with the Haggar Corporation to welcome them to Farmers Branch. At 7 p.m. to 9 p.m. he conducted the Community Meeting held at the Manske Library. On March 24^th he attended Branch Out sponsored by the Farmers Branch Chamber and at 10 a.m. he attended the groundbreaking for the new Stars Center. At noon he attended the Metrocrest Chamber Luncheon. On March 25^th from 11 a.m. to 3 p.m. he attended the Council of Government’s Executive Board meeting. At 7 p.m. to 9 p.m. he conducted the Community meeting held at the Senior Center. On March 26^th he met with Dieter Roggenkamp from Germany and the Sister City Committee. On March 29^th 8:30 a.m. to 10 a.m. he met with Jean Campbell who was formerly Dick Armey’s assistant. On March 30^th through April 1^st he traveled to Washington. On April 2^nd he attended the Dallas Regional Mobility Coalition meeting. On April 3^rd, Councilman Bird, Parks and Recreation Director Jeff Fuller, and he attended the Little League Opening Day at the ball field.

MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:27 P.M. AND THEN CONCLUDED AT 6:15 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.

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

Mayor Phelps stated Staff updated the City Council on items in Executive Session and no action was necessary.

F.2 ADJOURNMENT.

A motion by Mayor Pro Tem Walden, a second by Councilwoman Smith, all voting “aye”, adjourned the City Council meeting of April 5, 2004 at 9:20 p.m.

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Bob Phelps, Mayor Cindee Peters, City Secretary