City of Farmers Branch

City Council Regular Meeting Agenda

City Hall Plaza

13000 William Dodson Parkway

Farmers Branch, Texas

Monday, August 16, 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 the 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

Assistant to the City Manager John Roach

City Attorney John Boyle

Finance Director Charles Cox

Director of Economic Development Norma Nichols

Fire Chief Kyle King

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 August 16, 2004 to order at 7:30 p.m. The meeting was televised.

A.1 INVOCATION AND PLEDGE OF ALLEGIANCE.

Deputy Mayor Pro Tem Bird gave the invocation and Councilwoman Smith led the pledge of allegiance.

A.2 PROCLAIM AUGUST 16, 2004 AS "FARMERS BRANCH LITTLE LEAGUE 7/8 ALL-STARS DAY" IN THE CITY OF FARMERS BRANCH.

Mayor Phelps presented the Farmers Branch Little League 7/8 All Stars team with a proclamation from the Mayor and City Council.

Coach Raymond De Leon introduced members of the Farmers Branch Little League 7/8 All Stars team. Mayor Phelps read the proclamation and proclaimed August 16, 2004 as "Farmers Branch Little League 7/8 All-Stars Day" in the City of Farmers Branch.

A.3 CONSIDER ACCEPTING A $2,500 DONATION FROM OSHMAN'S SPORTING GOODS FOR THE CITY'S YOUTH SCHOLARSHIP PROGRAM AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. 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 young people 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 and Scout uniforms. It also supports children by helping with athletic registration fees.

Mr. Bonner presented the $2,500 check to Mayor Phelps and the City Council on behalf of Oshman’s Sporting Goods.

A motion by Mayor Pro Tem Moses, seconded, by Deputy Mayor Pro Tem Bird, all voting “aye,” accepted the $2,500 donation from Oshman’s Sporting Goods, with appropriate thank you letter.

A.4 PRESENTATION OF TEXAS ASSOCIATION OF TELECOMMUNICATIONS OFFICERS AND ADVISORS AWARDS TO THE COMMUNICATIONS DIVISION FOR FBTV PROGRAMMING.

Mayor Phelps presented the following information. The Texas Association of Telecommunications Officers and Advisors held their annual conference here in Farmers Branch at the Wyndham Hotel earlier this month. During the luncheon awards ceremony, Farmers Branch Television was honored with three awards for outstanding programming.

In the Public Service category, “City Council Tonight” and “Council Recap” finished in first place. “City Council Tonight” began in 1999 as a means of offering a detailed report on items coming up on the Council’s consent agenda as well as Farmers Branch events and activities from the City Manager’s Report. The program airs 30 minutes prior to the live broadcast of all Council meetings and immediately prior to all Council meeting replays at 9:00 a.m. and 9:00 p.m. on Tuesday, Thursdays, Saturdays and Sundays. “Council Recap” reviews agenda items and votes taken on those items and airs immediately after the final gavel. Incidentally, tonight’s edition of “City Council Tonight” was the 113^th installment in the series since it began.

Also, in the Public Service category, “State of the City 2004” placed second. This 17-minute program was produced early this year and was shown at our Community Meetings and Chambers of Commerce business presentations, as well as on FBTV through the month of April.

In the Magazine Series Category, “Branch Bulletin,” the City’s news program, finished in second place. “Branch Bulletin” is updated monthly and airs at the bottom of every hour except for meeting and traffic coverage.

FBTV can currently be found on cable channel 16 in Farmers Branch, but will be moving to cable channel 15 in September. All FBTV programming is also webcast on the Internet at www.farmersbranch.info.

Mayor Phelps presented Communications Director Tom Bryson with the three awards for “City Council Tonight” and “Council Recap” for first place; “State of the City 2004” for second place and “Branch Bulletin” for second place.

A.5 PRESENTATION OF BOARD APPLICATIONS.

There were no applications presented.

A.6 PRESENTATION OF SERVICE AWARD.

Mayor Phelps presented a five-year employee service award to Jason Shelby of the Fire Department.

A.7 PRESENTATION OF SERVICE AWARD.

Mayor Phelps presented a five-year employee service award to Sallie Mullins of the Engineering Department.

A.8 PRESENTATION OF SERVICE AWARD.

Mayor Phelps presented a five-year employee service award to Jose Martinez of the Parks and Recreation Department.

A.9 PRESENTATION OF SERVICE AWARD.

Mayor Phelps presented a ten-year employee service award to Charles Cancellare of the Parks and Recreation Department.

A.10 REPORT ON STUDY SESSION ITEMS.

Mayor Phelps and City Council gave a brief summary of the item 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 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 to speed up discussion for those items that need more time for discussion.

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

B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF AUGUST 2, 2004.

B.2 ADOPTED RESOLUTION NO. 2004-098 AUTHORIZING THE CITY MANAGER TO EXECUTE TWO EASEMENT AND RIGHT-OF-WAY DOCUMENTS FOR TXU ELECTRIC DELIVERY AND TXU GAS TO PROVIDE ELECTRICAL SERVICE AND GAS SERVICE TO THE DR PEPPER STARCENTER AND CONFERENCE CENTER FACILITIES.

B.3 ADOPTED RESOLUTION NO. 2004-095 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HBC ENGINEERING, INC. TO COMPLETE ENVIRONMENTAL ACTIVITIES IN THE STREET RIGHTS-OF-WAY NEAR THE INTERSECTION OF SENLAC DRIVE AND VALWOOD PARKWAY.

B.4 ADOPTED RESOLUTION NO. 2004-089 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH NICOLAOU AND ASSOCIATES FOR COUNCIL CHAMBER AUDIO IMPROVEMENTS.

C.1 CITIZEN PARTICIPATION.

John Wells, 13521 Heartside Place, recommended that the departments which participate in presenting “Employee of the Year,” be brought before the Council to show appreciation of that employee.

C.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2779 APPROVING THE REQUEST FROM BRENDA MCDONALD ON BEHALF OF PROVIDENCE TOWERS, DALLAS JOINT VENTURE TO AMEND THE BUILDING SIGNAGE PROVISIONS, WITHIN THE PLANNED DEVELOPMENT NUMBER 44 ZONING DISTRICT, LOCATED AT 5001 SPRING VALLEY ROAD AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The subject site is developed with an existing 11-story office building, approximate 527,000 square feet in area, known as Providence Towers. The existing Planned Development Number 44 ordinance allows three building signs at the top of the building. The applicant seeks to amend the existing Planned Development Number 44 zoning district to modify provisions for building signage.

Key features of the proposed zoning amendment include:

· Allowing a maximum of three building signs on the north and south building elevations to be mounted on the roof instead of below the roof parapet;

· Increasing the size of the building signs at the top of the building from 250 square feet to 550 square feet each and from 5 feet tall, to 9-feet 3-inches tall;

· Allowing a maximum of two signs on the south building elevation only, 200 square feet each, maximum 3 feet tall and at a maximum height of 50 feet above the building’s finished ground floor elevation.

The requested zoning changes are comparable with building signage allowed for nearby office developments such as JP Morgan Chase and Centura.

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

Mayor Phelps opened the public hearing.

Brenda McDonald, applicant representing Providence Towers, Dallas Joint Venture, briefly described the proposed rezoning request. She stated she would be available to answer any questions and requested Council’s approval on the proposed rezoning.

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

Deputy Mayor Pro Tem Bird asked if the signage would be for one tenant or more. Ms. McDonald explained there would not be multiple locations in one sign location. In response to a question of Mayor Pro Tem Bird, Ms. McDonald explained they are requesting three signs on the upper band, two on south elevation, one on each tower east and west, and on the west elevation of the north tower. Ms. McDonald stated the signs would be for multiple tenants.

Deputy Mayor Pro Tem Bird asked if the City is protected in case other tenants occupy the building and requested a sign. City Manager Linda Groomer replied any additional signage would require an amendment.

There being no further discussion, a motion by Deputy Mayor Pro Tem Bird, seconded by Councilwoman Smith all voting “aye,” adopted the following captioned Ordinance No. 2779 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 AMENDING THE PLANNED DEVELOPMENT NUMBER 44 ZONING DISTRICT (PD-44) SIGN STANDARDS FOR AN APPROXIMATE 3.6375-ACRE TRACT LOCATED GENERALLY AT 5001 SPRING VALLEY ROAD; REPLACING ORDINANCE NUMBER 2541 IN ITS ENTIRETY; PROVIDING A SAVING CLAUSE: PROVIDING INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE.

D.1 CONSIDER ADOPTING RESOLUTION NO. 2004-091 EXTENDING THE CURRENT SERVICES PROVIDED BY THE WORKERS ASSISTANCE PROGRAM, INC. FOR THE ADMINISTRATION OF THE CITY'S WELLNESS PROGRAM AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. In order to improve the City’s current Wellness Program and to address increasing healthcare costs, staff issued requests for proposals to nine vendors for a comprehensive program that emphasizes preventive health measures. These measures encourage employees, dependents and retirees to adopt changes for more healthy lifestyles. Based on other public and private entities’ experiences with comprehensive wellness programs, it is anticipated that these behavioral changes will lead to a healthier workforce with fewer health insurance claims and more productivity.

Staff obtained four proposals from the Medical Center of Lewisville, Wellspring Healthcare, HealthMedia, Inc. and WellCall to administer the City’s Wellness Program. Based on qualifications, cost and scope of services, WellCall’s proposal was determined to represent the best cost-value. WellCall’s estimated costs are $40,500.

WellCall is a division of Workers Assistance Program, Inc. that has satisfactorily provided services for the City’s Employee Assistance Program over the last year. Approval would extend these current services provided by W.A.P.

The proposed 2004-05 budget includes $50,000 for the City’s Wellness Program, including forfeiture monies from the flexible medical spending plan to be used as a partial funding source for this program.

The Human Resources Director recommends adopting Resolution No. 2004-091 extending the current services provided by Workers Assistance Program, Inc. for the administration of the City’s Wellness Program to be effective October 1, 2004.

There being no discussion, a motion by Councilwoman Smith, seconded, by Councilman Walden, all voting “aye,” adopted Resolution No. 2004-091 extending services provided by Workers Assistance Program for the City’s Wellness Program.

D.2 CONSIDER ADOPTING RESOLUTION NO. 2004-093 AWARDING THE BID FOR THE REHABILITATION OF SIX WATER LINES AND SEVEN SANITARY SEWER LINES TO HORSESHOE CONSTRUCTION, INC., AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information. The 2003-2004 Capital Improvement Program Budget Non-Bond Utility Fund provides a total of $1,999,783 for utility replacement and improvements.

On August 5, 2004, three bids were received and opened for the rehabilitation of water lines and sanitary sewer lines. The low bid was received from Horseshoe Construction, Inc. in the amount of $1,424,661.10. Horseshoe Construction, Inc. has met all specifications and has provided adequate references. The contract time is 365 calendar days.

The five water lines to be replaced are in the following locations:

· In an easement through the shopping center behind Big Lots from Josey Lane to Wilmington Drive;

· In the easement behind Turner Hardware from Valley View Lane to Lineville Drive;

· Along Crestpark Drive from Pennystone Drive to Wilddale Drive;

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

· In an easement from Executive Circle to Longmeade Drive.

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

The sanitary sewer lines to be replaced are in the following locations:

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

· Between Valwood Parkway and Avenel Drive from Bee Street to Ablemarle Drive;

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

· Between Amsterdam Road and Brisbane Avenue north of Myra Lane;

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

· Between Emeline Drive and Webb Chapel Road from Webb Chapel Road to Longmeade Drive;

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

There being no discussion, a motion by Councilman Robinson, seconded, by Councilman Walden, all voting “aye,” adopted Resolution No. 2004-093 awarding the bid for the Water Line and Sewer Main Rehabilitation to Horseshoe Construction, Inc. in the amount of $1,424,661.10.

D.3 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, SENIOR ADVISORY BOARD, MUNICIPAL COURT JUDGES AND LIBRARY BOARD AND TAKE APPROPRIATE ACTION.

A motion by Councilman Walden, seconded by Deputy Mayor Pro Tem Walden, all voting “aye,” reappointed Whitney Wright and Sharon Williams to the School-Community Relations Committee, with appropriate letters.

A motion by Mayor Pro Tem Moses, seconded by Deputy Mayor Pro Tem Bird, all voting “aye,” appointed Peggy Pyle as Alternate Place 2, moved Rick Lyon to Place 1, and moved Gene Bledsoe to Alternate Place 1 on the Senior Advisory Board, with appropriate letters.

A motion by Mayor Pro Tem Moses, seconded by Councilman Robinson, all voting “aye,” moved Matt Wenthold to Place 3, moved Carolyn Vanderhoof to Alternate Place 1 and appointed Lutha Grigsby to Alternate Place 2 on the Library Board, with appropriate letters.

Mayor Phelps stated appointments for the Municipal Court Judges would be brought back to the September 2, 2004 City Council meeting

D.4 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION.

There were no travel reports or requests.

D.5 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS.

Councilman Walden reported on the August 10^th Trinity River Authority meeting.

MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 6:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:01 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 the sale, trade or lease 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 land acquisition and no action is necessary.

F.2 ADJOURNMENT.

A motion by Councilwoman Smith, a second by Councilman Paul Walden, all voting “aye,” adjourned the City Council meeting of August 16, 2004 at 8:21 p.m.

____________________________ _________________________

Bob Phelps, Mayor Cindee Peters, City Secretary