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2003-09-22 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, September 22, 2003 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Tem Councilmembers Bob Phelps Paul Walden Bill Moses Charlie Bird Ben Robinson Junie Smith The following members of Administration were present: l__J Interim City Manager John Burke City Secretary Cindee Peters Assistant to the City Manager Margaret Somereve Assistant to the City Manager John Roach City Attorney John Boyle Fire Chief Kyle King Police Chief Jim Fawcett Library Director Mary Jane Stevenson Director of Communications Tom Bryson Director of Public Works Mark Pavageaux Director of Community Services Michael Spicer Director of Equipment Services Don Moore Director of Parks and Recreation Jeff Fuller Director of Economic Development Norma Nichols Recording Secretary Suzanne Reynolds The following member of Administration was absent: Assistant City Manager Linda Groomer Mayor Phelps called the City Council meeting of September 22, 2003, 2003 to order at 7:30 p.m. The meeting was televised. i A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilwoman Smith presented the invocation and led the pledge of allegiance. Volume 82, page 15 A.2 PROCLAIM OCTOBER 2003 AS "FIRE PREVENTION MONTH". Mayor Phelps proclaimed October 2003 as "Fire Prevention Month" in Farmers Branch and presented the proclamation to Fire Chief Kyle King. A.3 CONSIDER ACCEPTING A $1,000 DONATION FROM THE WAL-MART FOUNDATION TO BE USED IN THE CITY'S YOUTH SCHOLARSHIP PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Wal-Mart Foundation donated $1,000 to the City of Farmers Branch to be used in the City's Youth Scholarship Program. The Wal-Mart Foundation annually provides funds to community organizations that benefit residents in the cities where Wal-Mart is located. Mr. Danny Diaz, a representative for the local Wal-Mart, presented a check for $1,000 to the City to be used for The Youth Scholarship Program. The Scholarship provides recreation opportunities to youths who live in Farmers Branch and who might otherwise not have access to programs such as local youth athletic leagues and scouting programs. The Program has been in effect for a number of years and has provided thousands of dollars in scholarships to local youths. All the funds for the Youth Scholarship Program are raised through grants and donations. A motion by Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tem Moses, all voting "aye," accepted the donation of $1,000 from Wal-Mart. A.4 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 5-year employee service award to Ines Fernandez- Onate of the Finance Department. A.5 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 15-year employee service award to Bob Bull of the Parks & Recreation Department. A.6 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.7 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. Volume 82, page 16 B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Mayor Phelps stated consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Walden, seconded by Councilman Bird, all voting "aye," approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF SEPTEMBER 8, 2003. B.2 APPROVED THE REQUEST BY GOOD FULTON AND FARRELL ON BEHALF OF CRESCENT REAL ESTATE FUNDING II, L.P. FOR SITE PLAN TO ALLOW A DRIVE-THROUGH BANKING FACILITY, 3.08-ACRE TRACT LOCATED AT 14001 DALLAS PARKWAY, WITHIN PLANNED DEVELOPMENT 42 ZONING DISTRICT. B.3 APPROVED THE REQUEST BY MURRAY GOLDENBERG FOR A SITE PLAN AMENDMENT AND A VARIANCE TO ALLOW FIVE SIGNS INSTEAD OF TWO SIGNS, 8.8 ACRES LOCATED AT 1601 VALLEY VIEW LANE, WITHIN PLANNED DEVELOPMENT 77. B.4 ADOPTED RESOLUTION NO. 2003-107 GRANTING AN EASEMENT AND RIGHT OF WAY TO ONCOR TO PROVIDE ELECTRICAL SERVICE FOR THE NEW PUMP STATION AT WICKER AVENUE. B.5 ADOPTED RESOLUTION NO. 2003-111 ENTERING INTO AN AGREEMENT WITH NEXTEL COMMUNICATIONS FOR PROVIDING PHASE 1 WIRELESS E94-1 SERVICES. B.6 ADOPTED RESOLUTION NO. 2003-106 AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A CONTRACT WITH TRAVELCLICK FOR THE STARCITE PROGRAM. B.7 ADOPTED RESOLUTION 2003-114 AUTHORIZING THE CITY MANAGER TO PURCHASE COMPUTER NETWORK COMMUNICATION EQUIPMENT FROM NEXTIRA ONE UTILIZING THE STATE OF TEXAS CATALOG PURCHASING PROCEDURES FOR AUTOMATED INFORMATION SYSTEMS. Volume 82, page 17 B.8 ADOPTED RESOLUTION NO. 2003-113 APPROVING THE PURCHASE OF REPLACEMENT TRAFFIC SIGNAL CONTROL SYSTEM SOFTWARE FROM SIEMENS ITS. B.9 ADOPTED RESOLUTION NO. 2003-121 AWARDING BIDS FOR GYMNASTICS EQUIPMENT FOR THE FARMERS BRANCH COMMUNITY RECREATION CENTER. B.10 ADOPTED RESOLUTION NO. 2003-102 AWARDING THE BID FOR THE ASBESTOS ABATEMENT AND BUILDING DEMOLITION OF ANGELO'S RESTAURANT AT 2425 VALLEY VIEW LANE. B.11 ADOPTED VARIOUS RESOLUTIONS FOR SUBMITTAL TO THE TEXAS MUNICIPAL LEAGUE FOR THEIR CONSIDERATION AT THEIR ANNUAL CONFERENCE. A. RESOLUTION NO. 2003-122 SUPPORTING THE PASSAGE OF ENABLING LEGISLATION FOR PHOTOGRAPHIC RED LIGHT ENFORCEMENT. B. RESOLUTION NO. 2003-123 SUPPORTING THE CURRENT TAX LAWS OF THE MAXIMUM AVERAGE ANNUAL PERCENTAGE INCREASE IN THE APPRAISED VALUE OF A RESIDENCE HOMESTEAD FOR AD VALOREM TAX PURPOSES. C. RESOLUTION NO. 2003-124 SUPPORTING THE PASSAGE OF ENABLING LEGISLATION FOR STATEWIDE MUTUAL AID OF FIRE AND EMERGENCY SERVICES. D. RESOLUTION NO. 2003-125 OPPOSING ANY CHANGE IN THE INTRA-STATE SALES TAX SOURCING IN THE IMPLEMENTATION OF THE STREAMLINED SALES AND USE TAX AGREEMENT. C.1 CITIZEN PARTICIPATION. John Oechsner, 3509 Brookline Lane, stated several years ago he presented the Council with photographs, a study, and data on an area that was developing in Dallas, the Knox Henderson area. He suggested Farmers Branch should do the same. He read an article from the Dallas Morning News regarding the expansion of the Knox-Henderson area. John Wells, 13521 Heartside Place, stated the Friday editions of the Dallas Morning News are absent any Farmers Branch news. He stated the residents in his neighborhood are interested in the news from City Hall. Volume 82, page 18 C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF WOLVERINE ASSET MANAGEMENT, INC. FOR REPLAT APPROVAL OF GLAZER ADDITION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Glazer Addition is located at 2000 Diplomat Drive and is the site of Glazer's Wholesale Distributors. The proposed plat consists of one lot totaling 25.211 acres at the northwest corner of Senlac Drive and Diplomat Drive. The property is being platted to combine two lots and to dedicate utility easements and fire lane access easements. 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 Glazer Addition is zoned PD-22 and is consistent with the Texas Local Government Code and with City requirements for final plat approval. The Planning and Zoning Commission recommends approving the request of Wolverine Asset Management, Inc. for the replat of Glazer Addition. Mayor Phelps opened the public hearing. A motion by Deputy Mayor Pro Tem Moses, seconded by Mayor Pro Tern Walden all voting "aye," closed the public hearing. There being no discussion, a motion by Councilman Robinson, seconded by Councilwoman Smith, all voting "aye," approved the replat of Glazer Addition. C.3 PUBLIC HEARING: CONSIDER THE REQUEST BY BILL BAUMAN ON BEHALF OF FIBERTOWER/ AT&T WIRELESS FOR A SPECIFIC USE PERMIT FOR COLLOCATION OF TWO MICROWAVE DISH ANTENNAS MOUNTED ON THE PENTHOUSE OF THE R. H. D. HOSPITAL LOCATED AT 7 MEDICAL PARKWAY WITHIN THE PLANNED DEVELOPMENT NUMBER 18 ZONING DISTRICT, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The two proposed microwave dish antennas will be mounted near the top of the north and south facades of the hospital's penthouse and the associated equipment cabinet will be located on the roof adjacent to the penthouse. The proposed antennas, equipment cabinet, and all appurtenances will be painted the same color as the hospital building. Volume 82, page 19 The proposed antenna system complies with all PD-18 zoning standards. The Planning and Zoning Commission unanimously recommends approval of the requested Specific Use Permit and associated site plan with the following condition: The owner of the two microwave dish antennas shall remove the antenna system and all appurtenances including any associated equipment cabinets within ninety (90) days subsequent to such time that the antennas become obsolete and/or the use is abandoned. Mayor Phelps opened the public hearing. Ward Wilson, 5601 Legacy Drive, Plano, was present representing AT&T Wireless and FiberTower seeking approval for agenda items C.3 and CA. He stated he would be available to answer questions of the Council. A motion by Councilman Bird, seconded by Councilman Robinson, all voting "aye," closed the public hearing. There being no further discussion, a motion by Councilman Bird, seconded by Mayor Pro Tem Walden, all voting "aye," adopted the following captioned Ordinance No. 2742: 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 COLLOCATION OF TWO MICROWAVE DISH ANTENNAS ON THE PENTHOUSE OF THE R.H.D. HOSPITAL LOCATED ON A 5.6 ACRE TRACT AT 7 MEDICAL PARKWAY WITHIN THE PLANNED DEVELOPMENT NUMBER 18 ZONING DISTRICT; 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. CA PUBLIC HEARING: CONSIDER THE REQUEST BY BILL BAUMAN ON BEHALF OF FIBERTOWER/ AT&T WIRELESS FOR A SPECIFIC USE PERMIT TO COLLOCATE TWO MICROWAVE DISH ANTENNAS ON AN EXISTING 78-FOOT TALL MONOPOLE TOWER LOCATED AT 13850 DIPLOMAT DRIVE WITHIN THE PLANNED DEVELOPMENT NUMBER 22 ZONING DISTRICT, AND TAKE APPROPRIATE ACTION. Volume 82, page 20 Mayor Phelps presented the following information. There is an existing monopole antenna tower located on the rear side of the T.D. Industries manufacturing/warehouse property located at 13850 Diplomat Drive. The monopole tower currently supports antenna systems for AT&T and Nextel and there are associated equipment buildings for each system located at the base of the tower. The applicant's proposal includes adding two microwave dish antennas to the monopole and one equipment rack inside the applicant's existing equipment building. The proposed antenna system complies with all PD-22 zoning standards. The Planning and Zoning Commission unanimously recommends approval of the requested Specific Use Permit and associated site plan with the following condition: 1. The owner(s) of the monopole, the two existing antenna systems mounted on the monopole, and the two proposed microwave dish antennas shall remove their respective antenna systems and all appurtenances including the monopole and any associated equipment buildings or cabinets within ninety (90) days subsequent to such time that the antennas and/or monopole become obsolete and/or the use is abandoned. Mayor Phelps opened the public hearing. A motion by Deputy Mayor Pro Tem Moses, seconded by Councilwoman Smith, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilman Robinson, seconded by Mayor Pro Tem Walden, all voting "aye," adopted the following captioned Ordinance No. 2741. 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 COLLOCATION OF TWO MICROWAVE DISH ANTENNAS ON AN EXISTING 78-FOOT TALL MONOPOLE TOWER, LOCATED ON A 9.0 ACRE TRACT AT 13850 DIPLOMAT DRIVE, WITHIN THE PLANNED DEVELOPMENT NUMBER 22 ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR Volume 82, page 21 INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.5 PUBLIC HEARING: CONSIDER THE REQUEST BY DUKE CONSTRUCTION, LP ON BEHALF OF MARX VENTURES LLC FOR A SPECIFIC USE PERMIT TO ALLOW OUTSIDE STORAGE FOR A TRUCK HAULING AND STORAGE COMPANY, INCLUDING VARIANCE REQUESTS TO PLACEMENT OF OUTSIDE STORAGE AND SCREENING WALL HEIGHT REQUIREMENTS, ON A 3.72-ACRE TRACT LOCATED AT 13700 SENLAC DRIVE WITHIN THE PLANNED DEVELOPMENT NUMBER 22 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant seeks to construct a new 29,950 square foot office/warehouse building for a truck hauling and storage business that transports personal property. A private truck scale is also proposed on site. An approximate 44,681 square foot paved area is proposed to accommodate the outside storage of a maximum of ten trailers and a maximum of ten tractors associated with the proposed business. The proposed application also includes variances for placement of outside storage and screening wall height requirements. In 2002, a specific use permit application for a similar use on the subject property was not approved. The concerns expressed at the City Council meeting included ineffective screening of the outside storage and potential for trucks queuing on Diplomat Drive due to insufficient on-site truck queuing area. The proposed improvements are significant as compared to the application submitted in 2002. In the proposed application: • Truck access is available via existing drive approaches and mutual access easements with the adjacent property to the north; • The application provides for better on-site circulation including sufficient area to accommodate on-site truck queuing; • All other activities are located behind the screening wall; and • The proposed outside storage will not be visible from pubic streets due to the height of the proposed screening wall and the extensive landscaping being proposed. At the Planning and Zoning Commission meeting, in response to the need for additional parking by neighboring properties, the applicant offered to evaluate the possibility of providing additional voluntary parking, in excess of minimum zoning requirements, along the north side of the proposed building. Volume 82, page 22 The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit request, including the requested variances, with the following conditions: 1. The property shall be replatted with the necessary fire lane and utility easements and setbacks as prescribed by the PD-22 ordinance. 2. Any signage shall be subject to review and approval by city staff. 3. Outside storage shall be limited to vehicles and shall be restricted to those areas noted on the site plan as "Designated truck parking" and no other equipment, supplies, or commodities of any kind shall be stored outside of the building. 4. The site shall be operated in accordance with the plan of operation. The Commission was also unanimously favorable to the applicant potentially providing additional voluntary parking on the north side of the proposed building. Mayor Phelps opened the public hearing. Brian Straley, Duke Construction representative on behalf of Marx Ventures, 5495 Belt Line, Dallas, gave a brief presentation on the specific use permit application. Jeff Thornton with Duke Realty Corporation, property owner in the Valwood Park with two buildings adjacent to the Marx Venture site, stated as a property owner in the park he believes the Marx Venture would be a positive addition to the park. A motion by Deputy Mayor Pro Tem Moses, seconded by Councilman Bird, all voting "aye," closed the public hearing. Mayor Phelps asked the applicant if he were in agreement with the four recommendations required by the Planning and Zoning Commission. Mr. Thornton replied yes, they were in agreement with the recommendations. Councilman Robinson stated he was delighted to see the return of Marx Ventures and complimented Duke Construction Company for the new proposed design. Mayor Pro Tem Walden echoed Councilman Robinson's comments and verified with staff that the landscaping would be irrigated. There being no further discussion, a motion by Councilman Robinson, seconded by Councilwoman Smith, all voting "aye," adopted the following captioned Volume 82, page 23 Ordinance No. 2740 approving the specific use permit, including the requested variances, with the conditions recommended by the 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 FOR OUTSIDE STORAGE FOR A TRUCK HAULING AND STORAGE COMPANY INCLUDING VARIANCES TO PLACEMENT OF OUTSIDE STORAGE AND SCREENING WALL HEIGHT REQUIREMENTS, ON AN APPROXIMATELY 3.72-ACRE TRACT OF LAND LOCATED AT 13700 SENLAC DRIVE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 22 (PD-22) ZONING DISTRICT; 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. C.6 PUBLIC HEARING: CONSIDER THE REQUEST BY MR. ASLAN RAFIZADEH ON BEHALF OF ALAN AUTO SERVICE FOR AN AMENDMENT TO AN EXISTING SPECIFIC USE PERMIT TO ALLOW TIRE REPAIR AND BATTERY INSTALLATION, IN ADDITION TO EXISTING AUTOMOTIVE TUNE-UP OPERATIONS AT 14000 JOSEY LANE, WITHIN PLANNED DEVELOPMENT NUMBER 3 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. There is an existing automotive tune-up business on the subject property. A specific use permit was approved on December 4, 1978 allowing automotive tune-up operations. The applicant seeks to amend the existing specific use permit to allow tire repair and battery installation. Approval of a specific use permit is required for tire repair and battery installation uses within the Planned Development Number 3 zoning district. The applicant also intends to perform state inspections at this location; a specific use permit is not required for state inspections. Proposed improvements to the site include bringing the existing awning substructure, signage, sanitation screening and landscaping into compliance with zoning requirements. Key features of the plan of operation include: tire repair and new battery installation in addition to tune-up and state inspection operations; no storage of tires on site; and hours of operation shall be 8:00 a.m. to 7:00 p.m. Volume 82, page 24 No cars will be left outside the building at night. All work will be done inside the shop and there will not be any activities outside the building. There shall be no outside storage or display of merchandise for sale. By limiting the automotive repair activities as proposed by the applicant, the proposed use remains compatible with the Comprehensive Plan recommendation to allow uses that provide a service need to the residents of the City. Written opposition to this request has been received from an owner of property comprising more than twenty percent of the area within 200 feet of the subject property. Consequently, this request can only be approved with a super majority vote by the City Council, that is, at least four votes in favor of the request. The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit request with the following conditions: A final landscape plan including plant varieties and sizes shall be reviewed and approved by staff, prior to the installation of plant materials and the proposed landscape improvements shall be installed prior to issuance of a certificate of occupancy to allow tire repair and battery installation. 2. The sanitation screening enclosure, monument sign and awning improvements shall be subject to review and approval by staff prior to issuance of a building permit, and shall be constructed prior to issuance a certificate of occupancy for tire repair and battery installation uses. Mayor Phelps opened the public hearing. Aslan Rafizadeh, 14000 Josey Lane was present to respond to questions of the Council. A motion by Deputy Mayor Pro Tem Moses, seconded by Councilman Robinson, all voting "aye," closed the public hearing. Mayor Phelps asked the applicant if he agreed with the two recommendations required by the Planning and Zoning Commission. Mr. Rafizadeh replied yes. Mayor Pro Tem Moses asked Mr. Rafizadeh if he would be doing State inspections and on what year vehicles. Mr. Rafizadeh replied that he would be doing State inspections on all models of vehicles. Mayor Pro Tem Walden asked if the property was going to be irrigated. Tina Firgens, Senior Planner replied that the site plan provides for an "irrigation system." Volume 82, page 25 There being no further discussion, a motion by Deputy Mayor Pro Tem. Moses, seconded by Mayor Pro Tem Walden, all voting "aye," adopted the following captioned Ordinance No. 2739 approving the specific use permit request, 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 TIRE REPAIR AND BATTERY INSTALLATION USES IN ADDITION TO EXISTING AUTOMOTIVE TUNE-UP OPERATIONS, ON AN APPROXIMATELY 0.36 ACRE TRACT OF LAND LOCATED AT 14000 JOSEY LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 3 (PD-3) ZONING DISTRICT; AMENDING ORDINANCE 1224; 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.l CONSIDER APPROVING RESOLUTION NO. 2003-086 AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A GROUND LEASE AGREEMENT BETWEEN THE DALLAS STARS LP AND THE CITY OF FARMERS BRANCH FOR AN ICE SKATING AND CONFERENCE FACILITY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch entered into a Memorandum of Understanding with the Dallas Stars on April 21, 2003, to construct an ice-skating and conference facility on the former Word of Faith property adjacent to Interstate 35. The Dallas Stars agreed to lease the facility for 25 years. The cost of the arena is estimated to be $9,000,000. Bond financing for $9,100,000 will be issued in the spring of 2004 to cover the cost of the building and the project manager fee of $100,000. The building will be 95,000 square feet with two NHL regulation size ice surfaces, team locker rooms, skating pro locker room, concession area, 3,500 square foot retail pro shop, and a Dallas Stars ticket outlet. Included in the arena is an 11,000 square foot second floor that will serve as a Farmers Branch conference facility. This area has four divisible meeting rooms and a grill/sports bar. The second floor provides a viewing area that overlooks both ice surfaces. The ice surface will be open to the public at specified hours during the week and weekend. The Stars have estimated that the Farmers Branch hotels will be able to book approximately 8,000 room nights annually for ice skating tournaments and hockey events resulting in additional room revenue of $560,000 to the Farmers Branch hotels. It is estimated that the City will receive an additional $40,000 Volume 82, page 26 annually in hotel motel receipts due to the increase in room nights from the ice arena and conference facility. The City will have priority in booking the second floor of the facility (11,000 square feet) and will receive 60% of the revenue for any conference or group booked by the City's convention and tourism staff on the second floor or any other area of the facility. The City will lease the facility to the Dallas Stars pursuant to a rate of $600,000 annually for the first five years. From the sixth year to the twenty-fifth year, the rate will be $660,000 annually. The Dallas Stars will also establish an escrow account to guarantee lease payments in the amount of $600,000, and the account will be held by the City. The $600,000 annual rental for the first five years was agreed to in the Memorandum of Understanding; however, staff anticipates that the lease amount will not cover the total debt service. Staff has estimated that the difference could be as low as $30,000 or as much as $55,000 annually depending on the interest rates at the time of the bond issue. There are sufficient monies in the 2003-04 Budget, Non-Bond Convention Center Fund to cover the cost until the lease amount increases to $660,000 annually. The Dallas Stars will be responsible for all costs of operating, insuring, managing and maintaining the facility. Completion of the arena is anticipated in September 2004. A companion item D.2 is on the agenda for Council consideration of a Design/Build agreement with Centex/HKS and a Chapter 380 economic development program. The Director of Economic Development recommends approval of Resolution No. 2003-086 authorizing the Interim City Manager to execute a ground lease agreement with the Dallas Stars LP for an ice-skating and conference facility. Deputy Mayor Pro Tem Moses asked who would be responsible for the security of the building when it is completed. Interim City Manager John Burke replied the Dallas Stars would operate the building completely, including security. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Robinson, all voting "aye," approved Resolution No. 2003-086 authorizing the Interim City Manager to execute a ground lease agreement with the Dallas Stars LP for an ice-skating and conference facility. D.2 CONSIDER ADOPTING RESOLUTION NO. 2003-105 ESTABLISHING ADDITIONAL COMPREHENSIVE POLICY STATEMENTS FOR LOCAL ECONOMIC DEVELOPMENT AND BUSINESS INCENTIVES PURSUANT TO CHAPTER 380, TEXAS LOCAL GOVERNMENT CODE AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A DESIGN/BUILD CONTRACT BY AND BETWEEN THE CITY OF FARMERS Volume 82, page 27 BRANCH AND CENTEX/HKSII, LLC AND TAKE THE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City entered into a Memo of Understanding with the Dallas Stars on April 21, 2003 to construct an ice-skating and conference facility in the area south of Valley View Lane and east of Interstate 35. If the Ground Lease Agreement with the Dallas Stars is approved at this meeting, the City desires to hire Centex Construction Company and HKS to design/build the facility. Centex Construction Company and HKS Architects have constructed and/or designed all of the Dallas Stars ice-skating areas in the Metroplex, including those in Duncanville, Euless, Frisco, and the American Airlines Arena. The Farmers Branch facility will utilize the same design as the Duncanville StarCenter with minor modifications. It is preferred to utilize these same two companies in order to meet the deadline of September 2004. Chapter 380 of the Texas Government Code will give the City authority to hire Centex and HKS in order to expedite the project and to effect cost savings. Chapter 380 is Economic Development legislation that authorizes municipalities to offer a wide range of incentives to promote local economic development. It is anticipated that the experience of Centex and HKS in the design and construction of all of the existing Metroplex Stars Centers will result in a project that will be completed on time and within the budget. Construction cost combined with the $100,000 for the project manager will not exceed $9.1 million. A project manager will supervise the project to insure that the project will be completed on time and to insure that cost savings will be realized. While that individual will report to the Dallas Stars, City staff will meet with the project manager on a weekly basis during the construction phase to oversee the process. A separate project manager contract is being prepared and will be reviewed by the City Council in October of 2003. The Dallas Stars ice-skating and conference facility is expected to be completed by September 2004. Councilman Robinson asked if the project manager agreement should be decided on before the construction agreement is signed. Interim City Manager John Burke replied it would not make a difference at this point and hopefully the constructor manager would be on board in the next month. The meetings with staff should begin in October. Councilman Robinson asked if the City knows what the agreement contains. Mr. Burke replied it is very broad. Councilwoman Smith asked if HKS is Howard K. Smith, Architects. Someone from the audience replied yes. Volume 82, page 28 There being no further discussion, a motion by Councilman Bird, seconded by Mayor Pro Tem. Walden, all voting "aye," approved Resolution No. 2003-105 establishing additional comprehensive policy statements for local economic development and business incentives pursuant to Chapter 380, Texas Local Government Code and authorizing the Interim City Manager to execute a Design/Build construction contract by and between the City of Farmers Branch and Centex/HKS H, LLC. D.3 CONSIDER ADOPTING RESOLUTION NO. 2003-120 APPROVING DEVELOPMENT AGREEMENT NO.4 WITH AMERICAN REALTY TRUST, INC. AND INCOME OPPORTUNITY REALTY INVESTORS, INC. FOR SUMP AND LAKE IMPROVEMENTS NORTH OF I-635 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On December 21, 1998, Tax Increment Financing District No. 1, known as TIF No. 1, was approved by the City Council to fund public street, sidewalk, drainage, water, sanitary sewer, and enhancement improvements on the west side of the City. Development Agreement No. 4 is proposed for the fourth improvement, which is sump and lake improvements north of I-635. A portion of TIF No. 1 is located north of I-635 and is protected from flooding from the Elm Fork of the Trinity River and adjacent creeks by the Valwood Improvement Authority levees. There is a sump system, consisting of a large lake and channels, which collects storm water that falls within the land protected by the levees and conveys the water to the river via either sluice gates or pumps. The sump system needs to be enlarged to accommodate increased runoff from new development. The proposed improvements will include edge and bank treatments to make the lake an amenity for the development. American Realty Trust, Inc. and Income Opportunity Realty Investors, Inc., collectively, is the developer of the property adjacent to the proposed sump and lake improvements. The developer has proposed to advance the City funds for the improvements. Development Agreement No. 4 has been negotiated with the developer that provides for the City to design and construct the improvements with the developer advancing the funds. In general the agreement provides the following: • The City awards all contracts and makes all purchases in conformance with State law and City policy. • The developer advances the funds before awarding any contract or making any purchase. • The developer will be reimbursed for the actual funds advanced in an amount not to exceed $3,000,000 plus a maximum of 6% interest per year from the TIF fund. Such reimbursement will only be made after there is a minimum of $1,000,000 in the TIF fund after exclusion of all required expenditures. Volume 82, page 29 With the exceptions of the project description and the maximum amount of reimbursement, the provisions of Development Agreement No. 4 are the same as those contained in Development Agreement Numbers 1, 2, and 3, which were for Wittington Place, Mercer Parkway, and Chartwell Place respectively. There being no discussion a motion by Councilman Robinson, seconded by Deputy Mayor Pro Tem Moses, all voting "aye," adopted Resolution No. 2003- 120 approving Development Agreement No. 4 with American Realty Trust, Inc. and Income Opportunity Realty Investors, Inc. for sump and lake improvements north of I-635. DA CONSIDER ADOPTING RESOLUTION NO. 2003-115 AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ADMINISTER THE FISCAL 2003 FEDERAL BUREAU OF JUSTICE ASSISTANCE BLOCK GRANT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Federal Bureau of Justice Assistance makes funds available to local law enforcement agencies in the form of a non-competitive block grant. The amount of the grant is based on a formula that takes into account current and past crime rates, population and other factors. The City of Farmers Branch is eligible for $12,750.00 in funds through this program. These funds may be used to purchase law enforcement equipment and pay overtime for specific projects related to local law enforcement. The City is required to match the grant with the amount of $1,417.00. The Chief of Police has proposed taking the required amount of $1,417.00 from the seized funds account for this match. The Chief of Police proposes to use the grant funds for assisting in the replacement of aging mobile laptop computers in the marked patrol vehicles. In addition, the funds will be used to purchase law enforcement equipment that will enable the Police Department to enhance its ability to reduce crime and assure public safety. Before the funds are released to the local agency, a resolution must be passed by the City Council authorizing the City Manager to apply for and administer the grant. Additionally, provisions of the grant require that the public be made aware of and have input on the proposed use of the grant in a City Council meeting. The grant is designated for use during the 2003-2004 and 2004-2005 budget years. The Chief of Police recommends adopting Resolution No. 2003-115 authorizing the City Manager to apply for the Federal Bureau of Justice Assistance Block Grant. Volume 82, page 30 There being no discussion, a motion by Mayor Pro Tem Walden, seconded by Councilwoman Smith, all voting "aye," adopted Resolution No. 2003-115 authorizing the City Manager to apply for and administer the fiscal 2003 Federal Block Grant offered by the Bureau of Justice Assistance. D.5 CONSIDER ADOPTING RESOLUTION NO. 2003-097 AWARDING BIDS FOR FURNITURE AND RELATED ITEMS AND REJECTING FIVE BIDS FOR FURNITURE ITEMS FOR THE NEW FARMERS BRANCH COMMUNITY RECREATION CENTER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Construction of the new Farmers Branch Community Recreation Center is on schedule for opening in January 2004. The City advertised for bids for 87 furniture pieces and related items. Furniture items include desks, credenzas, bookcases, chairs, and tables; related items include wall clocks, coat racks, trashcans, and dollies for moving and storing tables. Because of the variety of items on the bid, the specifications were written such that bids would be awarded based on the low bid meeting specifications for each item. Bids were submitted by 10 vendors and opened on July 31, 2003. Staff recommends rejecting bids on items 44, 66 - 68, and 83. These items can be purchased at a later date. Palmer Snyder Furniture Systems was low bid on Items 74-76, but did not meet specifications. The next low bidders on items 74 - 76 met specifications, and staff recommends awarding those bids to the low bidders meeting specifications. Staff recommends awarding bids on 82 items to the low bidders meeting specifications for a total amount of $114,859.97 and rejecting bids on five items. The Non-Bond Capital Improvement Program Budget includes $538,000 for purchase of furniture and fixtures, which includes these items as well as exercise and gymnastics equipment. There being no discussion, a motion by Councilwoman Smith, seconded by Deputy Mayor Pro Tem Moses, all voting "aye," adopted Resolution No. 2003- 097 awarding bids to the following vendors in the following amounts: Southern Aluminum for $5,840.64; KI for $2,358.18; The Spencer Company for $6,520.72; Wilson Office Interiors for $67,226.77; Palmer Snyder Furniture Systems for $450; TUSA Office Solutions for $6,895.16; bkm Total Office of Texas for $23,588.50; and Business Interiors for $1,980; for a total cost of $114,859.97 and rejecting bids on five furniture items. D.6 CONSIDER ADOPTING RESOLUTION NO. 2003-117 AWARDING BIDS FOR EXERCISE EQUIPMENT FOR THE NEW FARMERS BRANCH COMMUNITY RECREATION CENTER AND TAKE APPROPRIATE ACTION. Volume 82, page 31 Mayor Phelps presented the following information. On September 3, 2003, bids were opened on 51 different pieces of cardio and weight equipment for the new Recreation Center. Bids were divided into five categories: cardio equipment, circuit weight machines, free weights and equipment, cardio theater system, and spin bikes. Bid documents were written so that bids would be awarded by category so that all equipment within that category would be of the same manufacture and design; bidders were therefore required to bid on all items in a category in order to be considered for that category. Eight vendors submitted bids. Some vendors bid on only selected items within a category, and some bid alternate items that had not been pre-approved. Those bids do not meet specifications and staff is, therefore, recommending to award to the low bidder meeting specifications. Staff held an equipment fair at the old Recreation Center on July 29 and 30, 2002 with various pieces of cardio and circuit weight machines available for interested people to try. Four potential vendors came to the fair and were instructed to bring treadmills, elliptical walkers, stationary bikes, and chest machines. People voted on their preferences and the preferred types of equipment are the equipment specified in this bid. The total of low bids meeting specifications and recommended for award is $193,589. Funds, in the amount of $538,000, are available in the Non-Bond Capital Improvement Program Fund for the purchase of furniture and fixtures including these items. There being no discussion, a motion by Deputy Mayor Pro Tem Moses, seconded by Mayor Pro Tem Walden, all voting "aye," adopted Resolution No. 2003-117 awarding bids for exercise equipment for the new Farmers Branch Community Recreation Center to the following vendors in the following amounts: FitCo Fitness Center Outfitters, Inc. for $178,219; BodyWorks Fitness Equipment, Inc. for $8,500; Quality Fitness for $6,870 for a total of $193,589. D.7 CONSIDER APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD, THE PARKS AND RECREATION BOARD, AND TAKE APPROPRIATE ACTION. A motion by Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tem Moses, all voting "aye," reappointed Josephine Goodson, Roy Morales David Martinez and Joan Abbey to the Parks and Recreation Board. D.8 CONSIDER ADOPTING RESOLUTION NO. 2003-116 TO NOMINATE A CANDIDATE FOR ELECTION TO THE BOARD OF DIRECTORS OF THE Volume 82, page 32 DALLAS CENTRAL APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Texas Property Tax Code provides for the election of a five-member Board of Directors to govern the Dallas Central Appraisal District (DCAD) and represent each of its five constituent governmental agencies. Three of these agencies, the City of Dallas, Dallas Independent School District (DISD), and Dallas County, are each allowed to appoint one member to the board. The remaining two agencies, comprised of suburban cities and towns other than Dallas, and suburban independent school districts served by DCAD, other than DISD, are each allowed to nominate one candidate to serve on the board. Entities wishing to nominate a candidate must do so by official resolution by October 15, 2003. A slate of all the nominees will be prepared by DCAD for each city to vote on by official resolution by December 15, 2003. The Chief Appraiser will declare winners by January 1, 2004. To be eligible to serve on the board, an individual must be a resident of DCAD and must have resided in the district for at least two years immediately preceding the date the individual takes office. Members of the board serve two-year terms beginning on January 1 of even numbered years with no term limitations. Mr. Bill Binford of Farmers Branch is currently serving on the DCAD Board of Directors, has previously served on the DCAD Arbitration Review Board, and has expressed interest in continuing to serve on the DCAD Board of Directors. A motion by Deputy Mayor Pro Tem Moses, seconded by Councilman Robinson, all voting "aye," adopted Resolution No. 2003-116 nominating Bill Binford to the Board of Directors of the Dallas Central Appraisal District. D.9 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. D.10 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Deputy Mayor Pro Tem Moses stated he attended the Senior Board Meeting on Thursday, September 18th Mayor Phelps stated on September 8th he attended the Senior Breakfast at the Senior Center. On September 9th he and John Burke attended the Metroplex Mayor Meeting. On September 10th at noon he attended the Platinum Club luncheon at Dallas Christian College, and at 5:30 p.m. he attended a reception Volume 82, page 33 downtown at the Dallas County Commissioners Court. On September 12th he attended the Farmers Branch Back to School Breakfast at R. L. Turner High School. On September 13th was the Old Car Show at the conference center parking lot. On September 15th he attended the Planning and Zoning Commission meeting. On September 16th he, Mayor Pro Tem. Walden and Councilman Walden met with the City Judge, and at 7 p.m. he attended a meeting regarding Mallon Park. On September 17th he attended Branch Out, at noon he attended the Senior Cookout, and at 4 p.m. he attended the Metrocrest Chamber Board Meeting. 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 6:30 P.M. AND THEN CONCLUDED AT 7:09 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 sale, lease or trade of City owned real property in Branch Crossing at 2655 Mount View Drive. Mayor Phelps explained that Staff was present to discuss this item with the City Council. E.2 DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074. Discuss Interim City Manager evaluation and take appropriate action. Discuss Municipal Court Judge evaluation and take appropriate action. 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 called for necessary action on items discussed in Executive Session. A motion by Mayor Phelps, seconded by Councilmembers Bird, Moses, Walden, Robinson, and Smith, all voting "aye", approved a 2% salary increase for Interim City Manager John Burke. Volume 82, page 34 Mayor Phelps stated staff updated City Council on land acquisition and no other action was necessary in Executive Session. F.2 ADJOURNMENT. A motion by Mayor Pro Tem Walden, seconded by Councilman Moses, all voting "aye", adjourned the City Council meeting of September , 2003 at 8:53 p.m. n Bob Phelps, Mayo Cindee Peters, City Secretary 0 Volume 81, page 35