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2004-01-05 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, January 5, 2004 7:00 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem Councilmembers Bob Phelps Paul Walden Bill Moses Charlie Bird Ben Robinson Junie Smith The following members of Administration were present: Interim City Manager John Burke Assistant City Manager Linda Groomer Assistant City Manager Greg Vick City Secretary Cindee Peters Assistant to the City Manager Margaret Somereve Assistant to the City Manager John Roach Director of Economic Development Norma Nichols City Attorney John Boyle Fire Chief Kyle King Library Director Mary Jane Stevenson Engineering Director Jerry Murawski 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 Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of January 5, 2004 to order at 7:05 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Brother Eddy Ketchersid gave the invocation and Scout Masters Roger Cramer, Trini Munoz, Ed Dayton, Denise Backers, Dana Matheson, and Brad Dittmer presented the colors and led the pledge of allegiance. Volume 82, page 107 Mayor Phelps introduced the City's new Assistant City Manager Greg Vick. A.2 INTRODUCTION OF DR. JESUS CARREON NEW CHANCELLOR FOR DALLAS COUNTY COMMUNITY COLLEGE DISTRICT. Jeff Binford, Dallas County Community College District Trustee, introduced Dr. Jesus Carreon, the new Chancellor for the Dallas County Community College District. Dr. Carreon also introduced Dallas County Community College District Trustee Kitty Boyle. Mayor Phelps presented a Farmers Branch branding iron to Dr. Carreon. A.3 RECOGNITION OF THE 2003 HOLIDAY DECORATION CONTEST WINNERS. Mayor Phelps presented the following information. The Farmers Branch Community Watch Program sponsors a citywide Holiday Decoration Contest. The City was divided into four areas using Valley View Lane and Webb Chapel Road as the dividing points. Members of the Community Watch Committee went into the residential areas, and after viewing yard decorations, submitted a list of three finalists from each of the four areas. Winners in each area were determined after reviewing the locations on those finalist lists. A sign was given to each of the winners to display in their yard before and during the holiday season. Ruth Lee and Community Watch Committee members presented certificates to the 2003 winners: • From the area of the City south of Valley View and East of Webb Chapel: Peggy and Maurice DeFoer from 3247 Brincrest. • From the area of the City south of Valley View and west of Webb Chapel: Tim O'Hare from 2604 Dixiana. • From north of Valley View and west of Webb Chapel: Raymond and Martha Bockholt of 13816 Stardust. • And, from the area north of Valley View and east of Webb Chapel: Ken and Judy Pharr from 14535 Southern Pines Cove. A.4 PRESENTATION BY THE BUILDING OFFICIALS ASSOCIATION OF TEXAS TO THE CITY OF FARMERS BRANCH FOR RECOGNITION OF THE BUILDING INSPECTION DIVISION FOR BEST PRACTICES. Mayor Phelps presented the following information. Recently at the Annual Meeting of the Texas Municipal League, the City of Farmers Branch Building Inspection Division was recognized as a "Best Practice" for the current Code Enforcement Program. The City's program was selected as one of four programs in the State to be presented at the TML meeting. The Building Officials Association of Texas is a division of TML and represents over 300 municipalities. Volume 82, page 108 Randy Childers, President of the Building Officials Association of Texas, presented a plaque to Jim Olk and staff in recognition for being selected as a "Best Practices" for the Code Enforcement program. A.5 RETIREMENT RECOGNITION - JOHN BURKE, CITY MANAGER, RETIRING WITH 35 YEARS OF SERVICE. Mayor Phelps presented the following information. Man walking on the moon was not yet a reality when John Burke began his career with the City of Farmers Branch, on June 12, 1969. Much has happened during John's near 35-year career since that time. Astroturf has given way to beautiful landscaping on City medians. The Farmers Branch Police Department has relocated to their same location. Refrigerator magnets as keepsakes are still a good idea. Seven presidents have occupied The White House. And man did, after all, walk on the moon. John came to work as a Community Activities Coordinator for the Farmers Branch Police Department in 1969 and moved to the Parks and Recreation Department where he was appointed director in 1970. In 1988 John was appointed Assistant City Manager and in 2003 took the reigns as Interim City Manager. John is the author of numerous articles for professional journals and publications and has presented at many conferences and workshops on the state and national level. During his 35-year career, John's leadership has been indispensable to the City Council and City staff, making countless contributions to discussions and positive recommendations on issues. In 1985 and 1986, John was instrumental in the opening of the City's first Senior Center and in the conversion of Rawhide Park from an unimproved drainage channel area to a beautiful park with erosion control and modern amenities. One of John's greatest achievements was his involvement in the formation and inauguration of the Farmers Branch Historical Park, which today still welcomes tens of thousands of visitors annually for tours, educational opportunities and special events. The Historical Park is, arguably, one of the most recognized and visited sites in Farmers Branch and it is here due, largely, to the efforts of John Burke. In 1999, John played an integral role in the City's acquisition of the former Word of Faith site that will soon become home to the Dr Pepper StarCenter and conference facility, which will play a major role in development of the DART Light Rail Station Area in the years to follow. As Interim City Manager for the past year, John's leadership has been invaluable to the City as he completed the seamless transition from one city management administration to the next. Under John's management, the City successfully undertook one of the most challenging budget processes in recent years, all without major reductions in service or layoffs of City staff. And, after presiding over the current Don Showman Recreation Center for so many years, it is fitting Volume 82, page 109 that one of John's final acts as City Manager will be to open the new, state-of-the- art, Farmers Branch Community Recreation Center at Grand Opening ceremonies this Saturday, January 10. Now, in characteristic fashion, John leaves the City significantly better than he found it. But, John Burke's legacy will be his commitment to service, reflected in historical structures, beautiful medians, standard-setting City facilities and in the attitude and drive of everyone that has had the privilege of working with him. His good nature, unique humor and unfailing sense of duty will be missed. However, let there be no question - the City in a Park, where ducks still wander the waterways with reckless abandon, is a better place because of John F. Burke. Mayor Phelps read and presented a proclamation and a plaque to Mr. Burke. Mayor Phelps stated agenda item DA would be combined with this item. D.4 CONSIDER ADOPTING RESOLUTION NO. 2004-008 DESIGNATING CITY- OWNED PROPERTY AS A NATURE PRESERVE AND TAKE APPROPRIATE ACTION. Mayor Phelps called on Parks and Recreation Director Jeff Fuller, Parks and Recreation Board Chair Margaret Young, and Board member Jaye Goodson to present item D.4. Mr. Fuller gave an overview of the Parks and Recreation Masterplan that was completed in 1997. Mr. Fuller stated that designating this tract as a nature preserve is a step toward the stated goal of the Parks and Recreation Department Master Plan to secure open space on the west side. This nature preserve would eventually tie into the Trinity Trails System, designed to go from Dallas to the Red River. Both the cities of Irving and Carrollton have committed to the design and installation of a trail system on the west side of the Trinity River, adjacent to this tract of land. The Parks and Recreation Board and staff propose that a plot of land on the west side of the City be designated as a nature preserve. The property is bounded on the north by the city boundary, on the east by the Valwood Improvement District levee, on the south by private property, and on the west by the Elm Fork of the Trinity River. The property consists of approximately 31 acres. The tract was originally in excess of 44 acres. On April 7, 2003, City Council dedicated approximately 13 acres of this plot of land to the North Texas Tollway Authority needed for construction of ramps associated with the President George Bush Tollway project and accessing Farmers Branch. At the November 20, 2003 Parks and Recreation Board meeting, the Board voted to propose to the City Council that this tract of land be designated as a nature preserve. It is anticipated that the preserve would be left in a natural state and that the City will attempt to secure additional properties in the area to enlarge the Volume 82, page 110 preserve and to improve access. Leaving the area in a natural state would allow residents to use the property for nature walks, fishing, scouting activities, as well as identification of native flora and habitat. There is no budget impact nor maintenance cost associated with this designation as a nature preserve until such time as the City should decide to make any improvements, such as trails or picnic areas, as the proposal is to keep the area as natural as possible. In addition, Mr. Fuller stated staff and the Park Board members felt that as part of John Burke's legacy as City Manager, along with the dedication of the new Recreation Center on January 10, 2004 and construction of the Dallas Stars Center, the 31 acres of city property should be designated as a nature preserve, due to John's love of the outdoors. Mr. Fuller stated in Council's packets is a resolution designating 31 acres of city property on the west side of the city as a nature preserve. The Park Board and staff would like to offer an amendment to the Resolution No. 2004-012, to name the nature preserve the "John F. Burke Nature Preserve". Pam Smith presented Mr. Burke with a replica of the sign, which will be at the preserve site. After the presentation there was a unanimous vote by all Councilmembers adopting Resolution No. 2004-008 designating specified property on the west side of the City as the John F. Burke Nature Preserve. Councilmembers and staff took a few moments to share their own congratulations and observations on Mr. Burke's career. Mayor Phelps called for a recess and stated a reception would be held in the lobby. The meeting was reconvened at 8:30 p.m. 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. Tom Bryson gave a presentation on the City's streaming system. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. Volume 82, page 111 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 Deputy Mayor Pro Tem Moses, all voting "aye," adopted the Consent Agenda as presented. B.1 APPROVED OF MINUTES OF CITY COUNCIL MEETING OF DECEMBER 15, 2003. B.2 ADOPTED RESOLUTION NO. 2004-009 AWARDING THE BID FOR THE PURCHASE OF A SUPPLY OF AGGREGATE MATERIALS. C.1 CITIZEN PARTICIPATION. No one spoke during citizen participation. C.2 PUBLIC HEARING: CONSIDER REQUEST BY PHILLIP PAUL TO APPROVE RICHLAND AVENUE BUSINESS CENTER BEING A REPLAT OF A PORTION OF NORTH DALLAS TRUCK FARMS ADDITION, LOT 19, BLOCK B, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Richland Avenue Business Center addition is located at 2411 Richland Avenue. The proposed plat consists of one 0.48 acre lot and is zoned PD 70. The development consists of two buildings for office/warehouse use. The property is being replatted to dedicate utility, electric, fire lane and access easements. The replat complies with the approved site plan. The Texas Local Government Code requires that a public hearing be conducted for all replats that do not vacate a proceeding 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. Richland Avenue Business Center is consistent with the Texas Local Government Code and with City requirements for a replat. The Planning and Zoning Committee recommends that the replat of Richland Avenue Business Center addition be approved. Mayor Phelps opened the public hearing. Volume 82, page 112 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 Deputy Mayor Pro Tem Moses, seconded by Mayor Pro Tem Walden, all voting "aye," approved the Richland Avenue Business Center, a replat of a portion of North Dallas Truck Farms Addition, Lot 19, Block B. C.3 PUBLIC HEARING: CONSIDER THE REQUEST FROM BILL BAUMAN ON BEHALF OF FIBERTOWER FOR APPROVAL OF A SPECIFIC USE PERMIT-INTERIM USE FOR A PERIOD OF NOT LESS THAN 7 YEARS 2 MONTHS TO MOUNT TWO MICROWAVE DISH ANTENNAS ON AN EXISTING MONOPOLE TOWER LOCATED AT 1641 KEENAN BRIDGE ROAD WITHIN PLANNED DEVELOPMENT 77; CONSIDER ORDINANCE 2754, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The application proposes to install two microwave dish antennas on the existing monopole tower at a height of 66 feet above grade. This request is for a period of 7 years 2 months, to coincide with the existing Specific Use Permits-Interim Use for the existing monopole tower and antennas, which expires in March 2011. Collocation of the proposed microwave dish antennas on the existing monopole tower precludes a need to erect a separate monopole tower in the same general vicinity. The Planning and Zoning Commission unanimously recommends approval of the requested Specific Use Permit-Interim Use and associated site plan with the following condition: FiberTower or subsequent owner of the microwave dish antenna system mounted on the existing monopole tower at 1641 Keenan Bridge Road shall remove the antenna system and all appurtenances including the antenna microwave dishes and any associated equipment 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. A motion by Councilman Bird, seconded by Councilman Robinson, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilwoman Smith, seconded by Deputy Mayor Pro Tem Moses, all voting "aye," adopted the following captioned Volume 82, page 113 Ordinance No. 2754, approving the Specific Use Permit-Interim Use and associated site plan with the condition as 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-INTERIM USE FOR A PERIOD OF SEVEN YEARS TWO MONTHS, BEGINNING JANUARY 5, 2004, AND ENDING MARCH 5, 2011, TO ALLOW 2 MICROWAVE DISH ANTENNAS TO BE MOUNTED ON THE EXISTING MONOPOLE TOWER AT 1641 KEENAN BRIDGE ROAD, GENERALLY LOCATED ON THE NORTH SIDE OF KEENAN BRIDGE ROAD APPROXIMATELY 560 FEET EAST OF LUNA ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 77 (PD- 77) ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR AN EXPIRATION DATE. C.4 PUBLIC HEARING: CONSIDER THE REQUEST FROM JIM LANE ON BEHALF OF CINGULAR WIRELESS FOR APPROVAL OF A SPECIFIC USE PERMIT-INTERIM USE FOR A PERIOD OF NOT LESS THAN 7 YEARS TO MOUNT SIX CELLULAR ANTENNA PANELS ON THREE LIGHT POLES ON THE EXISTING PARKING GARAGE AT 1503 LBJ FREEWAY, WITHIN PLANNED DEVELOPMENT NUMBER 78, CONSIDER ORDINANCE 2753, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant has an existing antenna system on the west parking structure of the Park West office development. These antennas have become ineffective due to the growth of nearby trees. The application proposes to remove the existing antennas and replace them with antenna panels mounted on ten-foot extensions to three existing light poles located on top of the parking structure. Subsequent to the Planning and Zoning meeting the applicant requested that the diameters of the light poles and antenna-assemblies be increased by eight inches and the length of each of the light pole arms be increased by four inches. The desired changes are minor and have been incorporated into the proposed site plan. Volume 82, page 114 The request meets the requirements for a Specific Use Permit-Interim Use. The Planning and Zoning Commission unanimously recommends approval of the requested Specific Use Permit-Interim Use and associated site plan with the following condition: Cingular Wireless or subsequent owner of the cellular panel antenna system mounted on light poles on the roof of the existing parking garage at 1503 LBJ Freeway shall remove the antenna system and all appurtenances including the antenna panels, four mounting light poles, and any associated equipment 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. A motion by Councilman Robinson, seconded by Councilman Bird, all voting "aye," closed the public hearing. Mayor Pro Tem Walden asked what would happen to the existing antenna poles. Jim Lane on behalf of Cingular Wireless stated the existing antenna would be coming down and replaced with new antennas. There being no further discussion a motion by Mayor Pro Tem Walden, seconded by Councilman Robinson, all voting "aye," approved the following captioned Ordinance No. 2753 Specific Use Permit-Interim Use and associated site plan with the condition as recommended 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-INTERIM USE FOR A PERIOD OF SEVEN YEARS, BEGINNING JANUARY 5, 2004, AND ENDING JANUARY 5, 2011, TO ALLOW 6 CELLULAR ANTENNA PANELS TO BE MOUNTED ON THREE MODIFIED LIGHT POLES AT 1503 LBJ FREEWAY, GENERALLY LOCATED ON THE NORTH SIDE OF LBJ FREEWAY APPROXIMATELY 1650 FEET WEST OF LUNA ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 78 (PD-78) ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR AN EXPIRATION DATE. Volume 82, page 115 C.5 PUBLIC HEARING: CONSIDER THE REQUEST FROM ZONE SYSTEMS, INC. FOR A SPECIFIC USE PERMIT FOR THREE CELLULAR COMMUNICATIONS ANTENNA PANELS TO BE CONCEALED BEHIND THE VENTS ON THE EXISTING STEEPLE OF THE FARMERS BRANCH CHURCH OF CHRIST, LOCATED AT 3035 VALLEY VIEW LANE WITHIN THE ONE FAMILY RESIDENCE-4 ZONING DISTRICT; CONSIDER ORDINANCE 2755, AND TAKE APPROPRIATE ACTION. Deputy Mayor Pro Tem Moses excused himself from item C.5 due to a conflict of interest. Mayor Phelps presented the following information. The applicant is proposing to install three cellular antenna panels inside the church's existing steeple, concealed behind the steeple's vents, approximately 76 feet above grade. The existing louvered steeple vents will be replaced with visually identical louvered vents that are compatible with the transmitting characteristics of the proposed antenna panels. Associated equipment for the proposed antenna installation will be installed within a second-floor room of the church. The proposed antenna system complies with all Residential-4 zoning standards. The Planning and Zoning Commission unanimously recommends approval of the requested Specific Use Permit subject to the following condition: 1. The owner of the antenna system mounted inside the church steeple located at 3035 Valley View Lane shall remove the antenna system and all appurtenances including the antenna panels and any associated equipment 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. A motion by Mayor Pro Tem Walden, seconded by Councilwoman Smith, all voting "aye," closed the public hearing. Mayor Pro Tem Walden asked if Sprint would be the beneficiary of this project. Peter Kavanaugh, 1620 Hanley representing Verizon replied no. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Robinson, all voting "aye, adopted the following captioned Ordinance No. 2755 approving the Specific Use Permit and associated site plan with the condition as recommended by the Planning and Zoning Commission. Volume 82, page 116 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 MOUNTING 3 CELLULAR ANTENNA PANELS TO BE CONCEALED BEHIND THE VENTS ON THE EXISTING STEEPLE OF THE FARMERS BRANCH CHURCH OF CHRIST AT 3035 VALLEY VIEW LANE AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND WEBB CHAPEL ROAD, WITHIN THE ONE FAMILY RESIDENCE-4 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. Mayor Phelps asked that the record show that Deputy Mayor Pro Tern Moses was back in attendance. D.1 CONSIDER APPROVING RESOLUTION NO. 2004-011 AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROJECT MANAGER AGREEMENT WITH THE DALLAS STARS, L.P., FOR THE MANAGEMENT FEE FOR THE STARS CENTER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City Council approved a Memorandum of Understanding on April 21, 2003 and a ground lease agreement with the Dallas Stars on September 22, 2003. In the Memorandum of Understanding, the City agreed to provide a $100,000 fee for a Project Manager to oversee the construction activity. The $100,000 Project Manager fee will be a part of the $9.1 bond issue for the Dallas Stars project. The Project Manager agreement outlines the duties of Project Manager including reporting responsibilities. Randy Locey, Vice President of the Dallas Stars, will function as the Project Manager for the Farmers Branch ice-skating and conference center. There being no discussion, a motion by Councilwoman Smith, seconded by Deputy Mayor Pro Tem Moses, all voting "aye," approved Resolution No. 2004- 011 authorizing the City Manager to execute the Project Manager agreement. D.2 CONSIDER APPROVING RESOLUTION NO. 2004-006 AMENDING RESOLUTION NO. 2003-086, WHICH APPROVED THE GROUND LEASE AGREEMENT BETWEEN THE DALLAS STARS LP AND THE CITY OF FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Volume 82, page 117 Mayor Phelps presented the following information. In September 22, 2003, the Farmers Branch City Council approved a ground lease agreement with the Dallas Stars LP. Casey Shilts, Senior Vice President and General Counsel for the Dallas Stars, has requested that the agreement be amended in three areas. The first area is Article XII, Section 12.5, regarding Assignment. The Stars requested that the City allow automatic assignment of the ground lease in the case of a sale of all, or substantially all, of the assets of the Dallas Stars. In addition, the Stars are required to pledge its leasehold estate to the Dallas Star's lenders. They have requested that the City change the language to allow them to do so. The second area is Section 8.2 - Taxes. The Stars are required to pay the taxes if DCAD attempts to tax City property. While they agree to pay the taxes should that occur, they are requesting that the City jointly take and pursue lawful contest actions against the levy and/or assessment. The third area for consideration is Article V, Subsection 5.3 (f) - Signage: The Stars have requested the inclusion of a provision for a licensing procedure for exterior signs that may contain sponsors' names and logos. In any event, the City has the ability to approve all signage. City Attorney John Boyle has been involved in the negotiation on the amendments and has approved the legal form of these changes. Councilman Robinson urged the Council to send the proposed document back for further negotiations with regard to assignment of the ground lease. He stated he would like to have more security for the City in the event the Dallas Stars sell their interest and the City has years remaining on their lease. City Attorney John Boyle responded that all of the matters Councilman Robinson raised had been raised during all previous discussions and negotiations with the Stars. He stated the proposed amendments do not amount to an enhancement of the Stars' position nor a decrease in the security of the City. He discussed the specific proposed amendments. He stated the provision related to the assignment of the lease is as much for the City's protection so that the responsibility of the lease goes with any sale of the Stars. There followed a lengthy discussion and Randy Locey, Vice President with the Dallas Stars, stated he would be overseeing the building of the Stars facility in Farmers Branch. He stated he has been involved in the conversations since the beginning and believes the negotiations took place because they are part of the Dallas Stars. He stated this is a project that the Dallas Stars want to work long Volume 82, page 118 term and if the Dallas Stars ever sold, they want to be certain the seven Dr. Pepper Star Center still belong to and are part of the Dallas Stars operation. There being no further discussion, a motion by Councilman Bird, seconded by Mayor Pro Tern Walden, with Councilmembers Smith, Moses, Walden, and Bird all voting "aye," and Councilman Robinson voting "nay," approved Resolution No. 2004-006 authorizing the City Manager to execute the ground lease agreement with the Dallas Stars LP. D.3 CONSIDER ADOPTING RESOLUTION NO. 2004-003 APPROVING A PROPOSAL FROM INSITUFORM TECHNOLOGIES, INC. FOR A SEWER REPAIR AT RAWHIDE CREEK IN GUSSIE FIELD WATTERWORTH PARK AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Last summer the Public Works Department was informed about decreasing water levels in Rawhide Creek at Gussie Field Watterworth Park near City Hall. It was discovered that a short section of the creek between the check dams was losing water. Employees performed dye testing, and results indicated that active infiltration was occurring into the 18-inch diameter sanitary sewer main that crosses the creek behind the pavilion area in the park area. Additional closed circuit video inspection of this 18-inch diameter sewer trunk main was completed July 22, 2003, which confirmed the leaks. Various options for repairing the sewer main have been researched. This fall, the City attempted an economical repair option. The City contracted with Miller Pipeline Inc. to install four stainless steel sleeves at the inflow points on the sewer trunk main. However, excessive inflow of creek water prevented the contractor from installing the repair sleeves in the correct location. Two years ago, the City contracted with Insituform Technologies, Inc. for the repair of a 24-inch diameter sewer main in Farmers Branch Creek east of Ford Road. The project was completed in two days with excellent results. Staff recommends that the City now proceed with the installation of an Insituform liner for this repair in Rawhide Creek. The Insituform liner, which is a sock-like tube that is installed on the inside of the pipe from and between the existing manholes, is ideally suited for this limited site access project and can be accomplished with minimum disruption to the adjacent property. The proposal for this liner is a patented process only performed by Insituform Technologies, Inc. Staff obtained a proposal from Insituform Technologies, Inc. for this liner project. The proposal includes installation of 281 linear feet of 18-inch diameter liner, cleaning and television inspection before and after installation, and bypass pumping during construction. Work could begin within 90 days following approval of the City Council. If the repair work is not completed, the problem could continue to worsen to the point that it would require the line to be dug up Volume 82, page 119 for repairs to occur, which would be more time consuming and possibly more expensive. The total price for this permanent liner installation project is $30,629.00. Funds are available in the Capital Improvement Non-Bond Utility Fund Budget. City Staff recommends approval of Resolution No. 2004-003 awarding the proposal to Insituform Technologies, Inc. for a permanent sanitary sewer repair at Rawhide Creek. Funds for Inflow/Infiltration Repair Projects are available in the Capital Improvement Program Non-Bond Utility Fund Budget Projects in the amount of $195,560.00. There being no discussion, a motion by Deputy Mayor Pro Tem Moses, seconded by Councilwoman Smith, all voting "aye," adopted Resolution No. 2004-003 approving a proposal from Insituform Technologies, Inc. for a sewer repair at Rawhide Creek. D.4 HEARD IN CONJUNCTION WITH AGENDA ITEM A.S. D.5 CONSIDER APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD, SCHOOL-COMMUNITY RELATIONS COMMITTEE, AND THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION AND TAKE APPROPRIATE ACTION. Mayor Phelps stated he would bring this item back at the January 19, 2004 City Council Meeting. Historical Preservation and Restoration Board have terms that will expire on February 1, 2004. A motion by Councilman Bird, seconded by Councilman Robinson, all voting "aye," appointed Paige Pace to the School-Community Relations Committee, with appropriate letter to be sent. A motion by Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tern Moses, all voting "aye," reappointed Linda Groomer and Charles Cox, and appointed Greg Vick to the North Dallas County Water Supply Corporation. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. A motion by Deputy Mayor Pro Tem Moses, seconded by Councilwoman Smith, all voting "aye," approved travel for Mayor Phelps and staff to travel to Washington, D.C. as many times as necessary to meet with delegates regarding the DART Northwest Corridor funding. A motion my Mayor Phelps, seconded by Councilman Bird, approved Councilman Robinson's absence from the January 19, 2004 City Council meeting. Volume 82, page 120 D.7 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Mayor Pro Tem Walden stated he participated in a benefit to raise money with the Christ United Methodist Church for the Senior Adult Services. He stated it was a very well attended event. Mayor Phelps stated he and Jim Olk met with the Mayor, City Council and City Manager of Mesquite regarding the Farmers Branch Code Enforcement program. Mayor Phelps stated he attended the Council of Governments Board Meeting and a retirement presentation for Pat Herndon. 1 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 6:10 P.M. AND THEN CONCLUDED AT 6:25 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, trade or lease of City owned property located at the northeast corner of Denton Drive and Valley View Lane, Farmers Branch, Texas. Mayor Phelps explained that staff was present to discuss this item with the City Council. F.l CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated that staff was present to update the City Council on this item and no action was necessary. F.2 ADJOURNMENT. A motion by Mayor Pro Tem Walden, a second by Deputy Mayor Pro Tem Moses, all voting "aye", adjourned the City Council meeting of January 5, 2004 at 9:23 p.m. Bob Phelps, Mayor n Cindee Peters, City Secretary Volume 82, page 121