City of Farmers Branch

City Council Regular Meeting Agenda

City Hall Plaza

13000 William Dodson Parkway

Farmers Branch, Texas

Monday, July 12, 2004

7:30 P.M.

The following members of the City Council were present:

Mayor Bob Phelps

Mayor Pro Tem Bill Moses

Deputy Mayor Pro Tem Charlie Bird

Councilmembers Paul Walden

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

Director of Economic Development Norma Nichols

Deputy Fire Chief Steve Parker

Police Chief Jimmy Fawcett

Library Director Danita Barber

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 July 12, 2004 to order at 7:33 p.m. The meeting was televised.

A.1 INVOCATION AND PLEDGE OF ALLEGIANCE.

Mayor Pro Tem Moses presented the invocation and Deputy Mayor Pro Tem Bird led the pledge of allegiance.

A.2 PRESENTATION OF PROCLAMATION RECOGNIZING PAT CANUTESON FOR HIS EFFORTS TOWARD THE PASSAGE OF THE TRIPLE FREEPORT TAX EXEMPTION.

Mayor Phelps presented the following information. The recent passage of the Triple Freeport Exemption on personal property tax on inventory by the Carrollton-Farmers Branch ISD Board of Trustees will level the economic development playing field, reaffirming the City’s competitiveness with other cities and districts that offer the exemption.

While this approval was the result of mighty efforts on the part of many, it is hard to imagine any effort greater than that of Valwood Improvement Authority Executive Director Pat Canuteson who spearheaded the collection of more than $5.6 million in funds from Valwood area businesses to offset the school district’s first year tax loss.

Mayor Phelps read and presented a proclamation to Mr. Canuteson for his leadership role in this process. He applauded Mr. Canuteson on behalf of the City Councils of the cities of Farmers Branch and Carrollton, the Farmers Branch Chamber of Commerce, the Metrocrest Chamber of Commerce, staff and citizens.

A.3 RECOGNIZING RICHARD BROWN FOR HIS CONTRIBUTIONS TOWARD RAISING THE AWARENESS OF ASTRONOMY AT R. L. TURNER HIGH SCHOOL AND THE FARMERS BRANCH HISTORICAL PARK.

Mayor Phelps presented the following information. Richard Brown has been an active member of the Farmers Branch community for years, both as a businessman and as part of the Farmers Branch Chamber of Commerce, serving on the Board of Directors and heading the "Branch Out" program.

What few of us knew of until recently was Richard's fascination with astronomy. Fortunately for Farmers Branch, Richard and the Dallas Astronomical Society, have volunteered their time on several clear evenings in the past few months at the Farmers Branch Historical Park to share their knowledge of the planets and the stars. At considerable effort, Richard and the members of the society transported and set up several large pieces of equipment so that all in attendance could have a great view of the heavens. Not only have City officials, employees and residents benefited from these evenings under the stars, the astronomy class at R.L. Turner High School has also gained experience and insight thanks to Richard. In addition to sharing his knowledge with the Turner Astronomy class, Richard has shared his resources, raising money to provide the class with equipment and hardware necessary to their line of study.

Recently, Richard received the Omega Centauri Award for his work in the field of astronomy. For his efforts in raising the awareness level of astronomy at R.L. Turner High School and at the Farmers Branch Historical Park, the City of Farmers Branch is proud to recognize and congratulate Richard on his award, in hopes of many future starry nights spent learning and sharing.

Mayor Phelps presented Mr. Brown with a congratulatory certificate for receiving the Omega Centauri Award and for all his work in the field of astronomy.

A.4 CONSIDER ACCEPTING A $2,500 DONATION FROM THE FARMERS BRANCH ROTARY CLUB FOR THE CITY'S YOUTH SCHOLARSHIP PROGRAM.

Mayor Phelps presented the following information. The Farmers Branch Rotary Club would like to donate $2,500 to the City of Farmers Branch to be used in the City’s Youth Scholarship Program. The Rotary Club raised the funds through its annual golf tournament, which was held this spring on April 26.

In 1992 the City implemented its Youth Scholarship Program, which assists children by allowing them to participate in activities they would otherwise not be able to afford. Funding for the program is raised through donations and grants secured from individuals, businesses, and civic organizations. The program is designed to help youths secure the required supplies and equipment to participate in activities such as sports, band, and dance. Participants have benefited through the purchase of equipment as diverse as soccer and dance shoes, baseball gloves, art supplies, band instruments, karate geis, and Scout uniforms. It also supports children by helping with athletic registration fees.

The Rotary Club has been a highly visible, community-oriented, long-term supporter of community civic projects and activities.

President Steve Mankin and former Presidents Jim Barrett and Dave Blair presented a $2,500 check to the Mayor and City Council on behalf of the Rotary Club.

A motion by Councilwoman Smith, seconded by Mayor Pro Tem Moses, all voting ‘aye,” accepted the $2,500 donation from the Rotary Club, with appropriate letter to be sent.

A.5 CONSIDER ACCEPTING HISTORICAL PARK DONATIONS FOR THE SECOND QUARTER 2004 AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The Historical Preservation and Restoration Board have approved several donations to be added to the collections. Ron Doerler, Chairman of the Historical Preservation and Restoration Board, recommended these items to Council for approval.

· Items once used in the Gilbert House by the Cox family while renting the Gilbert Farm 1896 – 1906: mantle clock (1830-1840) made in Georgia; small churn crock; star pattern butter mold; cotton cards; cast iron sadiron; and Manners, Culture and Dress, 1893 from Marion Light, daughter of Kate Cox Parr, of Dallas, Texas.

· Marriage license for Robert and Maude Hopper, 1896; glass spooner (used to hold spoons in a formal setting) circa 1900 and photo showing it in use; Ford wrench for Model T circa 1910; small spittoon circa 1910; bread knife circa 1910; Texan nut sheller circa 1930; and a candy thermometer circa 1930 from Mary Jo Phillips of Farmers Branch.

A motion by Councilman Robinson, seconded by Councilwoman Smith, all voting “aye,” accepted the second quarter donations to the Historical Park, with appropriate thank you letter to be sent.

A.6 PRESENTATION OF SERVICE AWARD.

Mayor Phelps presented a 5-year employee service award to Scott Burke of the Fire Department.

A.7 PRESENTATION OF SERVICE AWARD.

Mayor Phelps presented a 15-year employee service award to Connie Stewart of Human Resources.

A.8 PRESENTATION OF SERVICE AWARD.

Mayor Phelps presented a 25-year employee service award to William Bough of Public Works Department.

A.9 PRESENTATION OF BOARD APPLICATIONS.

There were no applications presented.

A.10 REPORT ON STUDY SESSION ITEMS.

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

Mayor Phelps announced he is inviting citizens to sit down with him to discuss issues on the second and fourth Wednesdays of every month, beginning July 14^th at City Hall. The Mayor will be available to speak with residents from 4 until 6 p.m. on those specified days. He stated this is a pilot program entitled “Tell It To the Mayor.”

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 Moses, seconded by Deputy Mayor Pro Tem Bird, all voting “aye,” approved the addition of Agenda Items D. 4 and D.5 to the Consent Agenda.

A motion by Mayor Pro Tem Moses, seconded by Councilwoman Smith, all voting “aye,” approved the Consent Agenda as submitted.

B.1 APPROVED OF MINUTES OF CITY COUNCIL MEETING OF JUNE 14, 2004.

B.2 ADOPTED RESOLUTION NUMBER 2004-071 APPROVING A DEVELOPER'S CONTRACT WITH TRANSCONTINENTAL REALTY INVESTORS, INC. RELATIVE TO THE MIRA LAGO ADDITION.

B.3 ADOPTED RESOLUTION NO. 2004-076 AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH AND THE TEXAS ENGINEERING EXTENSION SERVICE FOR THE 2004 STATE HOMELAND SECURITY GRANT PROGRAM FUNDS.

B.4 ADOPTED RESOLUTION NO. 2004-077 AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH AND THE TEXAS ENGINEERING EXTENSION SERVICE FOR STATE HOMELAND SECURITY LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM (LETPP) GRANT FUNDS.

B.5 ADOPTED RESOLUTION NO. 2004-083 AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH AND THE TEXAS ENGINEERING EXTENSION SERVICE TO FY 2003 URBAN AREA SECURITY INITIATIVE II FUNDS.

B.6 ADOPTED RESOLUTION NO. 2004-074 AWARDING THE BID FOR CURB REPAIRS AT VARIOUS LOCATIONS TO PAVECON LTD.

B.7 ADOPTED RESOLUTION NO. 2004-082 ENTERING INTO AN AGREEMENT WITH CINGULAR WIRELESS FOR PROVIDING PHASE 1 WIRELESS E9-1-1 SERVICES.

D.4 ADOPTED RESOLUTION NO. 2004-086 APPROVING CHANGE ORDER NO. 4 TO MORGAN ELECTRIC FOR THE COMMUNITY RECREATION CENTER EMERGENCY GENERATOR PROJECT.

D.5 APPROVED APPOINTMENT TO THE DALLAS AREA RAPID TRANSIT BOARD OF DIRECTORS.

C.1 CITIZEN PARTICIPATION.

Kathleen Matsumura, 3839 Clubway Lane, expressed her concerns about items placed on the Study Session such as Mark Enoch being appointed to the Dallas Area Rapid Transit Board of Directors and the homeland security grants as she felt a discussion in the regular session would benefit the citizens in Farmers Branch.

Mayor Phelps stated Mr. Enoch was not able to attend the meeting because he was attending another meeting out of town. He also stated that Mr. Enoch would be available at another time, if necessary.

C.2 PUBLIC HEARING: CONSIDER REQUEST BY TRANSCONTINENTAL REALTY INVESTORS, INC. FOR THE APPROVAL OF MIRA LAGO ADDITION BEING A REPLAT OF A PORTION OF PARK WEST PHASE 3 AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The proposed Mira Lago Addition is an undeveloped tract of land located south of IH 635, east of the Elm Fork of the Trinity River, and west of Farmers Branch Creek and Luna Road. It is a replat of approximately 66 acres of Park West Phase 3 that subdivides the property into eight lots and dedicates approximately ten acres of right-of-way.

The tract will be developed with mixed-uses consisting of residential, office, and retail uses. This plat was reviewed for conformity to the zoning and site plan for Lot 1, Block A, and approved on January 8, 2001. The Property Owners’ Association that will be responsible for maintenance of public open spaces, common areas, and landscaping and pavement enhancement within street rights-of-way has been created as required by the zoning. A companion item on this agenda is consideration of the Developer’s Contract that is associated with the plat.

The replat does the following:

· Establishes lots for development;

· Abandons the previous street access, fire lane, and utility easements;

· Dedicates new street rights-of-way;

· Dedicates new fire lanes, utility easements, privately maintained public open spaces, a common open space, and a common access easement;

· Identifies the approximate location of future public access easements.

The Park West Phase 3 subdivision dedicated the streets within this tract as public access, fire lane and utility easements. Dedicating the streets as rights-of-way was recommended by the City Attorney to avoid uncertainty in the enforcement of traffic laws and is a condition of the approved site plan. A section of Mira Lago Boulevard is paved and functions as access to the Omni Hotel.

The first phase of development proposed for the Mira Lago Addition is on Lot 1, Block A. This development is a proposed mixed-use four-story building with a six-level parking garage.

The 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.

The Mira Lago Addition is consistent with the Texas Local Government Code and with City requirements for final plat approval.

The Planning & Zoning Commission recommends approval of the Mira Lago Addition for replat.

Mayor Phelps opened the public hearing.

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

There being no discussion, a motion by Councilwoman Smith, seconded by Mayor Pro Tem Moses, all voting “aye,” approved of the Mira Lago Addition for replat.

C.3 PUBLIC HEARING: CONSIDER REQUEST BY NOGRO PARTNERS, LTD. FOR THE APPROVAL OF TOWERWOOD ADDITION BEING A REPLAT OF A PORTION OF BLOCK 1, BROOKHAVEN BUSINESS PARK PHASE I AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The proposed Towerwood Addition is located in the 3300 block of Towerwood Drive. It is a replat of approximately 3.5 acres of Lot 1, Brookhaven Business Park Phase I. The property is being platted to subdivide it into two lots and dedicate fire lanes. Lot 1 is the site of three existing buildings and one proposed building, to be constructed in the same location as a building destroyed by fire. Lot 2 to the west is undeveloped except for paved parking. The owner has indicated that the property is being replatted so that the two lots can be developed or redeveloped independently. A replat of Lot 2 may be required in the future if additional easements are needed for development of that lot. This plat was reviewed for conformity to zoning on both lots. Because it is located in the LI zoning district, a site plan is not required.

The 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.

The Towerwood Addition is consistent with the Texas Local Government Code and with City requirements for final plat approval.

The Planning & Zoning Commission recommends approval of the Towerwood Addition replat.

Mayor Phelps opened the public hearing.

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

There being no discussion a motion by Councilman Robinson, seconded by Councilman Walden, all voting “aye,” approved the Towerwood Addition replat.

C.4 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2777 APPROVING THE REQUEST BY ALFREDO FLORES ON BEHALF OF TEMPLO CRISTO REY TO REZONE APPROXIMATE 2.56 ACRES LOCATED AT 2765 AND 2771 VALWOOD PARKWAY FROM PLANNED DEVELOPMENT DISTRICT NUMBER 51 AND OFFICE ZONING DISTRICTS TO INSTITUTIONAL-RELIGIOUS USES ZONING DISTRICT AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The subject site consists of two contiguous lots, totaling approximately 2.56 acres. The east lot is currently zoned Office and is improved with a religious institution constructed in 1996. The west lot is currently zoned Planned Development 51 and is the Josey Lane construction staging area. Both lots are owned by the same property owner.

The proposed request seeks to rezone the subject site from Office and Planned Development 51 zoning districts to Institutional-Religious Uses zoning district. The applicant desires to have the same zoning on both lots. The applicant has informed staff that it is their intent to replat the two lots into one lot. A replat application has been submitted to the City and is currently being reviewed by staff.

The proposed rezoning will allow for the future expansion of the existing worship facility, by right.

The 1989 Comprehensive Plan recommends community-serving retail for the subject site. Religious uses are generally compatible with retail uses.

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

Mayor Phelps opened the public hearing.

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

A motion by Deputy Mayor Pro Tem Bird, seconded by Mayor Pro Tem Moses, all voting “aye,” adopted the following captioned Ordinance No. 2777 approving the 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 APPROXIMATELY 2.56 ACRES GENERALLY KNOWN AS 2765 AND 2771 VALWOOD PARKWAY FROM PLANNED DEVELOPMENT DISTRICT NUMBER 51 (PD-51) AND OFFICE (O) ZONING DISTRICTS TO INSTITUTIONAL-RELIGIOUS USES DISTRICT (I-RU); PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE.

C.5 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE 2778 APPROVING THE REQUEST FROM KEVIN ROBINSON ON BEHALF OF EMERITUS ASSISTED LIVING TO MODIFY THE EXISTING SPECIFIC USE PERMIT FOR A RESIDENCE HOME FOR THE AGED - ASSISTED LIVING FACILITY, TO INCLUDE A SPECIAL CARE UNIT FOR PERSONS WITH MEMORY LOSS DISORDERS, ON AN APPROXIMATE 4-ACRE TRACT LOCATED AT 13505 WEBB CHAPEL ROAD WITHIN THE OFFICE ZONING DISTRICT AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. A specific use permit was approved during 1997 for the existing assisted living facility, as required by the Office zoning district. The existing facility has 66 rooms. The applicant seeks to amend the approved specific use permit to allow for the inclusion of a Special Care Unit within the existing assisted living facility. The Special Care Unit is for the housing of residents who have non-reversible dementia and other memory loss disorders. While the Special Care Unit currently has 11 rooms, the applicant is requesting to allow a maximum of 15 rooms within the Special Care Unit, approximately 23% of the existing facility.

The existing assisted living facility has an interior courtyard. The applicant is proposing to construct within the courtyard an 800 square foot wooden fence enclosed area including a concrete patio with metal awning. The proposed improvements will not be visible from the exterior of the assisted living facility.

There are no modifications proposed to the exterior of the facility. The approved specific use permit, except as herein amended, will remain in effect.

The Planning and Zoning Commission unanimously recommends approval of the specific use permit amendment with the following conditions:

1. The subject property shall operate in accordance with the Plan of Operation.

2. Approval of a Certificate of Occupancy shall be obtained for the Special Care Unit.

Mayor Phelps opened the public hearing.

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

Mayor Pro Tem Moses asked for clarification on the number of rooms and the number of people in each room.

Kevin Robinson, representing Emeritus Assisted Living, replied the rooms would be companion occupancy.

There being no further discussion, a motion by Councilman Walden, seconded by Councilwoman Smith all voting “aye,” adopted the following captioned Ordinance No. 2778 approving the specific use permit amendment with 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 TO ALLOW A RESIDENCE HOME FOR THE AGED – ASSISTED LIVING FACILITY, TO INCLUDE A SPECIAL CARE UNIT FOR PERSONS WITH MEMORY LOSS DISORDERS, ON AN APPROXIMATE 4-ACRE TRACT OF LAND GENERALLY KNOWN AS 13505 WEBB CHAPEL ROAD AND WITHIN THE OFFICE (0) ZONING DISTRICT; AMENDING ORDINANCE 2292; 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. 2004-085 AUTHORIZING THE SUBMISSION OF A PROJECT APPLICATION TO THE DALLAS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR 2004-2005 AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The City of Farmers Branch is eligible to receive $108,802 in Community Development Block Grant funding for the 2004-2005 fiscal year. These funds can be used for a variety of activities as long as they primarily benefit low-to-moderate income residents. The City is using the 2003-2004 year’s funding of $113,408 for a bridge over Cooks Creek to connect the playground area to the ball fields and to allow for the crossing of children who walk to school.

The City Council approved an application for the 2004-2005 fiscal year for continued funding of the footbridge at Jaycee Park and sidewalks on Cooks Creek Place at the June 14, 2004 Council meeting. The bid opening for the footbridge was June 17^th. The awarding of the bid is a separate companion item on this agenda. However, the additional $38,000 believed to be needed to complete this project will not be needed in that the bridge will be completely funded with the $113,408 the City received for fiscal year 2003-2004.

As a result, Resolution No. 2004-085 approves an application that will complete the sidewalks on Cooks Creek Place and install new sidewalks on the north side of Heritage Circle to provide for a pedestrian pathway to Jaycee Park. The total estimated project cost is $158,000. The additional funds needed to complete the sidewalks can be achieved through funds remaining after the footbridge project is completed and from future CDBG funds.

There being no discussion, a motion by Councilwoman Smith, seconded by Deputy Mayor Pro Tem Bird, all voting “aye,” adopted Resolution No.2004-085 authorizing the submission of a 2004-2005 Community Development Block Grant project application to Dallas County for sidewalks on Cooks Creek Place and the north side of Heritage Circle.

D.2 CONSIDER ADOPTING RESOLUTION NO. 2004-079 AWARDING THE BID FOR THE JAYCEE PARK BRIDGE AND PATHWAYS TO JIM BOWMAN CONSTRUCTION CO., LP AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The 2003-2004 Capital Improvement Program, Non-bond Fund provides $175,000 for the construction of a steel footbridge and pathways in Jaycee Park, located at 2700 Dennis Lane. The $175,000 will be reimbursed by Community Development Block Grant funds.

On June 17, 2004, thirteen bids were received and opened for the Jaycee Park bridge and pathways. The low bid was received from J&J Sprinkler and Landscape, Inc. in the amount of $76,388. A review of the references and project experiences of J&J Sprinkler and Landscape, Inc. determined that the company does not have any relevant experience in constructing structures or steel bridges. The City Attorney has reviewed staff’s evaluation of J&J Sprinkler and Landscape, Inc. and concurs that J&J Sprinkler and Landscape, Inc. is not the lowest responsible bidder for this project.

The second low bid was received from Jim Bowman Construction Co., LP in the amount of $77,182. A review of the references and project experiences of Jim Bowman Construction Co., LP determined that the company has recent, relevant experience in the metroplex installing steel bridges.

The estimated time for delivery of the pre-fabricated bridge is from three to five months from the time it is ordered. The project should be completed within five weeks from the time of the delivery of the bridge.

J&J Sprinkler and Landscape, Inc. has been notified by certified mail of staff’s recommendation and the date and time that the City Council will consider this item. J&J Sprinkler and Landscape, Inc. has also been advised that the company will be given the opportunity to be heard by the City Council at that time.

There being no discussion, a motion by Councilman Robinson, seconded by Councilman Walden, all voting “aye,” adopted Resolution No. 2004-079 awarding the bid for the Jaycee Park bridge and pathways to Jim Bowman Construction, LP in the amount of $77,182.

D.3 CONSIDER ADOPTING RESOLUTION NO. 2004-075 APPROVING CHANGE ORDER NO. 2 TO A DESIGN/BUILD CONTRACT WITH CENTEX/HKS II, L.L.C. FOR THE CONSTRUCTION OF THE FARMERS BRANCH DR PEPPER STARCENTER AND CONFERENCE CENTER FACILITIES AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The 2003-2004 Stars/Convention Center Bond Fund Budget provides $9,100,000 for the construction of the Farmers Branch Dr Pepper StarCenter and Conference Center facilities. The construction contract was awarded to Centex/HKS II, L.L.C. in the amount of $9,000,000 by the City Council on September 22, 2003. Construction began in March 2004, and completion is anticipated in November 2004.

Change Order No. 2 in the amount of $297,361 is within the Hotel/Motel Bond and Non-Bond Convention Center Funds directed by the City Council, which were to be allocated to the project due to site requirements and City Council’s desire to upgrade certain architectural and landscape elements. The modifications represent several of the items reviewed by the City Council at its meeting of February 16, 2004 related to parking, costs for piers and acoustical panels in the Conference Center.

Additional change orders are anticipated for the remainder of the items discussed by the City Council at the February 16 meeting. They will include work related to architectural modifications and site utilities that are not yet complete.

Deputy Mayor Pro Tem Bird asked Randy Locey, Vice President with the Dallas Stars, about the completion date of the Dr Pepper StarCenter and Conference Center facilities. Mr. Locey replied they are on schedule and start date is November 1, 2004.

There being no further discussion, a motion by Deputy Mayor Pro Tem Bird, seconded by Mayor Pro Tem Moses, all voting “aye,” adopted Resolution No. 2004-075 approving Change Order No. 2 to a design/build contract with Centex/HKS II, L.L.C. in the amount of $297,361 for the construction of the Dr Pepper StarCenter and Conference Center facilities.

D.4 CONSENT.

D.5 CONSENT.

D.6 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE AND THE SENIOR ADVISORY BOARD AND TAKE APPROPRIATE ACTION.

Mayor Phelps stated these items would be brought back to the August 2, 2004 City Council meeting.

D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION.

A motion by Councilman Robinson, seconded by Councilwoman Smith, all voting “aye,” approved travel for the Mayor, City Council and City Manager for the Sister City Program in August and September.

D.8 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS.

There were no committee or organization reports.

MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:35 P.M. AND THEN CONCLUDED AT 7:15 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 property acquisition at the southwest corner of Golfing Green Drive and Webb Chapel Road, Farmers Branch, Texas.

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

E. 2 DISCUSS POTENTIAL LITIGATION – TEXAS GOVERNMENT CODE SECTION 551.071.

Discuss property at 4707 Alpha Road.

Mayor Phelps stated 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 explained that staff updated the City Council on land acquisition and litigation and no action was necessary.

F.2 ADJOURNMENT.

A motion by Mayor Pro Tem Moses, a second by Deputy Mayor Pro Tem Bird, all voting “aye,” adjourned the City Council meeting of July 12, 2004 at 8:45 p.m.

_________________________ _________________________

Bob Phelps, Mayor Cindee Peters, City Secretary