City of Farmers Branch

City Council Regular Meeting Agenda

City Hall Plaza

13000 William Dodson Parkway

Farmers Branch, Texas

Monday, May 3, 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

Finance Director 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 May 3, 2004 to order at 7:33 p.m. The meeting was televised.

A.1 INVOCATION AND PLEDGE OF ALLEGIANCE.

Mayor Pro Tem Walden gave the invocation and pledge of allegiance.

Mayor Phelps announced Scouts from Troop No. 734 from Christ United Methodist were present and working on their Citizen in Community Badge.

A.2 CONSIDER PROCLAIMING MAY AS OLDER AMERICANS' MONTH IN FARMERS BRANCH AND TAKE APPROPRIATE ACTION.

Mayor Phelps read and presented a proclamation for Older Americans’ Month to Katie Roberts, Chair of the Senior Advisory Board.

A motion by Deputy Mayor Pro Tem Moses, seconded by Councilwoman Smith, all voting “aye,” proclaimed May as Older Americans’ Month in Farmers Branch.

A.3 CONSIDER ACCEPTING A DONATION BY THE FARMERS BRANCH WOMAN’S CLUB OF $400 TO BE USED AT THE SENIOR CENTER AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. Club President Ruby Neely of the Farmers Branch Woman's Club presented a $400 check to the City for the purchase of a portable dry erase board at the Senior Center. The dry erase board has an estimated value of $400 and would be used for classes in rooms that do not have a chalkboard.

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.

A.4 PRESENTATION OF YEAR 2004 MAYOR'S SCHOLARSHIP AWARDS BY TOWN NORTH BANK.

John Reap, President of Town North National Bank, presented to Mayor Phelps and City Council the 2004 recipients of the Mayor’s Scholarship Award. Mayor Phelps presented a proclamation to Jeremiah Bickham and Jonathan Hyman, R.L. Turner graduating seniors, and congratulated them for a job well done.

A.5 PRESENTATION OF BOARD APPLICATIONS.

There were no board 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 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 APRIL 19, 2004.

B.2 ADOPTED RESOLUTION NO. 2004-050 NOMINATING SPORT SUPPLY GROUP, INC. AS AN ENTERPRISE ZONE PROJECT PURSUANT TO CHAPTER 2303, THE TEXAS ENTERPRISE ZONE ACT.

C.1 CITIZEN PARTICIPATION.

There was no citizen participation.

C.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2766 TO CHANGE THE ZONING ON AN APPROXIMATE 0.033-ACRE TRACT LOCATED AT 3553 CHELLEN DRIVE FROM PLANNED DEVELOPMENT DISTRICT NO. 82 TO ONE FAMILY RESIDENCE DISTRICT 3, AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. In 1999, a 5.06-acre tract located at the southwest corner of Valley View Lane and Marsh Lane was rezoned from One Family Residence District 3 (R-3) to Planned Development District No. 82 (PD-82), to allow development of the Courtyards, a zero-lot-line residential subdivision. During the rezoning process, the owner of 3553 Chellen Drive, a residential lot abutting the southwest boundary of the Courtyards property, claimed ownership of approximately 0.033 acres of the 5.06-acre site. At that time, the Courtyards applicant had submitted a property survey prepared by a licensed surveyor that certified ownership of the entire 5.06-acre tract. The Planning and Zoning Commission and City Council acted on the rezoning application for the entire 5.06-acre tract.

Subsequent to the 1999 rezoning, the owner of 3553 Chellen was awarded ownership of the 0.033-acre tract, which is currently zoned PD-82. The property owner wants the PD-82 zoning on the 0.033-acre tract changed back to R-3 to be consistent with the zoning on the adjoining parent lot and the surrounding single-family neighborhood.

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

Mayor Phelps opened the public hearing.

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

There being no discussion a motion by Councilman Bird, seconded by Mayor Pro Tem Walden, all voting “aye,” approved the following captioned Ordinance No. 2766, 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 A 0.033-ACRE TRACT LOCATED AT 3553 CHELLEN DRIVE FROM PLANNED DEVELOPMENT 82 (PD-82) ZONING DISTRICT TO ONE-FAMILY RESIDENCE DISTRICT - 3 (R-3); 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.

D.1 CONSIDER ADOPTING ORDINANCE NO. 2769 AMENDING THE CITY'S 2003-04 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENTS PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED, AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. City staff presented City Council with updated operating and capital improvements program budget projections as part of the Mid-Year Budget Review on April 19, 2004. Ordinance No. 2769 amends the 2003-04 fiscal year operating and CIP budget to reflect the changes presented during the Mid-Year Budget Review, including expenditure and revenue adjustments made within each operating fund.

A copy of the proposed amended budget is available for public review at the Manske Library and on the City’s Web site.

Staff recommends the adoption of Ordinance No. 2769 amending the 2003-04 fiscal year operating and capital improvements program budget.

Mayor Pro Tem Walden requested information outlining the financial condition of the City in the past three years. Finance Director Charles Cox gave a brief overview of the City’s financial condition. Mayor Pro Tem Walden also asked Mr. Cox to review the staffing reductions. Mr. Cox stated approximately 27 positions have been eliminated.

Councilman Bird stated he feels it is the City’s obligation to help the Senior Adult Services and expressed his support for the proposed increase in the General Contract section of the budget.

Following further discussion, Mayor Pro Tem Walden stated he would not support the $26,000 in increased funding for the Senior Adult Services and expressed his concerns with the City’s support of all the general contract services.

It was moved by Councilman Robinson, seconded by Councilman Bird, to adopt the following captioned Ordinance No. 2769 with an amendment to reflect the addition of $26,000 in the General Contracts section listed on page 2-7 and page 3-1 and to provide for the re-calculation of all totals associated with this change in the proposed amended 2003-04 budget to be $181,000 instead of the $155,000 proposed, with Councilmembers Robinson, Bird, Moses, and Smith voting “aye,’ and Mayor Pro Tem Walden voting “nay.” This item passed with a four to one vote.

AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 2003‑2004 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENTS PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED.

D.2 CONSIDER ADOPTING RESOLUTION NO. 2004-047 REJECTING ALL BIDS FOR ONE 2004 REPLACEMENT SIDE LOADING REFUSE TRUCK AND ONE 2004 REPLACEMENT KNUCKLE BOOM LOADER TRUCK WITH BODY AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The 2003-2004 fixed asset budget includes funds in the amount of $246,000.00 for the purchase of one 2004 replacement side loading refuse truck and one 2004 replacement knuckle boom loader truck with body, better known by Farmers Branch citizens as the “Green Grabber” that picks up brush and bulk items. Staff prepared specifications and requested bids from local dealers, and bids were received and opened on March 30, 2004. Four bids were received for each truck and only one bid met specifications for each truck. Awarding these bids would exceed the amount budgeted for these trucks by $10,019.00.

The bid meeting specifications received for the side loading refuse truck was $143,724.00, which was $22,208.00 more than the lowest bid received. The bid meeting specifications for the knuckle boom loader truck with body was $112,295.00 or $7,950.60 more than the lowest bid for that truck.

The 2003-2004 fixed asset budget includes funds in the amount of $246,000.00 for these replacement trucks.

Staff recommends that Council reject all bids for the side loading refuse truck and the knuckle boom loader truck and allow Staff to review and revise the specifications in order to purchase replacement trucks capable of performing all required tasks at a lower cost to the City. Rejecting these bids and seeking new bids is not expected to have an adverse effect on staff’s ability to deliver these services in the interim.

There being no discussion a motion by Deputy Mayor Pro Tem Moses, seconded by Mayor Pro Tem Walden, all voting “aye,” adopted Resolution No. 2004-047 rejecting all bids for one 2004 replacement side loading refuse truck and one 2004 replacement knuckle boom loader truck with body.

D.3 CONSIDER ADOPTING RESOLUTION NO. 2004-004 APPROVING CHANGE ORDER NUMBER 3 TO MORGAN ELECTRIC FOR INSTALLATION OF AN EMERGENCY GENERATOR AND CHANGE ORDER NUMBER 1 TO MUSTANG MASONRY FOR SCREENING WALLS AND CONCRETE FOR THE COMMUNITY RECREATION CENTER AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The Farmers Branch Community Recreation Center was officially opened on January 10, 2004. The CIP budget for this project is $8.9 million; to date $8 million has been spent. To be completed from the balance of funds are razing the old recreation center and completing the site amenities. At the November 17, 2003 Study Session, Council discussed the installation of an emergency generator at the Recreation Center.

An emergency generator for the Community Recreation Center is important to the facility because the facility will serve as the Farmers Branch emergency shelter when needed, and as such is part of the City’s Emergency Management Plan. Completing the emergency generator installation and related items can be accomplished through the balance remaining in the electrical contract, plus change orders with the electrical and masonry contractors for the Recreation Center construction. State purchasing law allows change orders to construction projects provided the total amount of the change orders does not exceed 25% of the original contract. The recommended change order to the electrical contract is the third to Morgan Electric, the total of the three being $33,197, or 4.7% of the original contract. The change order to Mustang Masonry represents 6.7% of the original masonry contract.

The total price for installation of the emergency generator and related items is $238,870. The project will be paid through the encumbered balance on Morgan Electric’s current contract in the amount of $169,015; Change Order No. 3 to Morgan Electric in the amount of $27,985; and Change Order No. 1 to Mustang Masonry in the amount of $41,870. Funds are available within the Non Bond Capitol Improvement Program budget for the Farmers Branch Community Recreation Center.

There being no discussion, a motion by Councilman Bird, seconded by Councilwoman Smith, all voting “aye,” adopted Resolution No. 2004-004 approving change order number 3 to Morgan Electric for installation of an emergency generator and change order number 1 to Mustang Masonry for screening walls and concrete for the Community Recreation Center.

D.4 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE ACTION.

Mayor Phelps stated appointments to the School-Community Relations Committee would be brought back to the May 25, 2004 City Council meeting.

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.

Councilwoman Smith stated that on April 20^th she attended the Planning and Zoning Commission meeting at which Scott Polikov of Gateway Planning Group presented “Placemaking with Codes”.

E.1 ADJOURNMENT.

A motion by Mayor Pro Tem Walden, a second by Councilman Robinson, all voting “aye”, adjourned the City Council meeting of May 3, 2004 at 8:50 p.m.

____________________________ ________________________

Bob Phelps, Mayor Cindee Peters, City Secretary