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2007-04-07 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, April 7, 2003 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem Councilmembers Bob Phelps Charlie Bird Paul Walden Bill Moses Jim Robbs Calla Davis The following members of the Administration were present: Interim City Manager Assistant City Manager City Secretary Assistant to the City Manager Assistant to the City Manager City Attorney Fire Chief Assistant Police Chief Library Director Director of Engineering Director of Public Works Director of Community Services Director of Equipment Services Director of Parks and Recreation Director of Economic Development Communications Director Recording Secretary John Burke Linda Groomer Cindee Peters Margaret Somereve John Roach John Boyle Kyle King Kirk Riggs Mary Jane Stevenson Jerry Murawski Mark Pavageaux Michael Spicer Don Moore Jeff Fuller Norma Nichols Tom Bryson Suzanne Reynolds Mayor Phelps called the City Council meeting of April 7, 2003 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Reverend Reggie Mayo gave the invocation and Mayor Phelps led the pledge of allegiance. Volume 90, page 36 Mayor Phelps stated Charles Lena from Boy Scout Troop 124 was present and working on his Citizenship in the Community Badge. A.2 PRESENTATION OF CERTIFICATE FOR OUTSTANDING PERFORMANCE FROM THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. Mayor Phelps presented the following information. The City of Farmers Branch was recently notified that it received the Certificate of Achievement for Outstanding Performance from the Texas Commission on Environmental Quality Public Drinking Water Section of the Water Supply Division. Mayor Phelps presented a certificate to John Burke, Interim City Manager, Michael Spicer, Director of Community Services and Mark Pavageaux, Director of Public Works. The City of Farmers Branch public water system had no monitoring or maximum contaminant level violations in five years. 1 A.3 CONSIDER ACCEPTING HISTORICAL PARK DONATIONS FOR THE FIRST QUARTER 2003 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Historical Preservation and Restoration Board have approved several donations to be added to the collections. Ron Doerler, Chairman of the Historical Preservation and Restoration Board, recommend the following items for Council approval. A $50.00 donation to the Historical Park from Ms. Luanne Clark of McKinney, Texas. Two "C" clamps, scythe blade, and cultivator heads from Mr. and Mrs. George Grimmer of Farmers Branch. A $25.00 donation to the Historical Park from Senior Adult Services. A hat-making mold from Preston Trails Antique Club. A motion by Councilwoman Davis, seconded by Deputy Mayor Pro Tem Walden, all voting "aye", accepted the first quarter donations to the Historical Park. A.4 CONSIDER ACCEPTING DONATION OF EIGHT TREES FOR JAYCEE PARK AND 10 DOORSTOPS FOR THE SENIOR CENTER BY THE FARMERS BRANCH DANCE CLUB AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Dance Club would like to purchase and donate eight trees to be planted in Jaycee Park. Four of the trees are pecan and four are crape myrtle with an estimated value of $1,000. The trees will be planted in April and will add to the aesthetics and usability of the park. Volume 90, page 37 The Club would also like to donate 10 brass doorstops worth $150 to be used at the Senior Center. Buford Watson, Chief Executive Officer, and several members of the Farmers Branch Dance Club were in attendance to present the donating of eight trees to be planted in Jaycee Park. A motion by Deputy Mayor Pro Tem Walden, seconded by Councilman Moses, all voting "aye," accepted the donation of eight trees for Jaycee Park and ten doorstops for the Senior Center by the Farmers Branch Dance Club, with appropriate thank you letter. A.5 CONSIDER APPOINTMENT OF BARNEY WOOD AS A BOARD MEMBER EMERITUS OF THE PARKS AND RECREATION BOARD AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. At the Study Session of March 17, 2003, the Parks and Recreation Board recommended to the City Council that Barney Wood be appointed as a Board Member Emeritus under the guidelines of Ordinance No. 2668, and in recognition of his 30 years of dedicated service to the Parks and Recreation Board and the community as a whole. Barney Wood has 30 years of dedicated board service to the citizens of Farmers Branch. During his tenure the parks and recreation offerings of the City of Farmers Branch have grown tremendously. In addition to this time served on the Board, Mr. Wood was an active participant and driving force behind youth football and baseball for many years. Barney has truly given of himself for the betterment of the youth of Farmers Branch and for the community as a whole. Mayor Phelps read and presented a proclamation to Barney Wood. Jeff Fuller, Director of Parks and Recreation, stated that at the Texas Recreation Texas Recreation and Parks Society Conference in San Antonio in April, Mr. Wood was presented with the "Distinguished Individual Award." A motion by Mayor Pro Tem Bird, seconded by Councilwoman Davis, all voting "aye," appointed Barney Wood as a Board Member Emeritus of the Parks and Recreation Board. A.6 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 25-year employee service award to Rick Lewis of the Fire Department. A.7 PRESENTATION OF BOARD APPLICATIONS. Volume 90, page 38 There were no applications presented. A.8 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE 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 Bird, seconded by Councilman Moses, all voting "aye," approved the Consent Agenda as submitted. B.1 APPROVED OF MINUTES OF CITY COUNCIL MEETING OF MARCH 17, 2003. 1-7 B.2 ADOPTED RESOLUTION NO. 2003-045 ACCEPTING THREE STORM SEWER EASEMENTS FROM THE PROPERTY OWNERS OF 3132, 3140, AND 3148 VALLEY VIEW LANE FOR THE INSTALLATION OF A STORM SEWER ALONG THE SOUTH SIDE OF VALLEY VIEW LANE EAST OF WEBB CHAPEL ROAD. C.1 CITIZEN PARTICIPATION. There was no citizen participation. ul C.2 PUBLIC HEARING: CONSIDER REQUEST BY LEN AND FRANCES DIGIACOMO AND MAE LANTRIP FOR REPLAT APPROVAL OF WIMBERLY SUBDIVISION AND TAKE APPROPRIATE ACTION Mayor Phelps presented the following information. Len and Frances Digiacomo and Mae Lantrip are replatting Wimberly Subdivision, consisting of 4.129 acres of land, to subdivide one lot into two lots and to dedicate water, utility, and fire lane easements. Block A consists of 2.123 acres and Block B consists of 2.006 acres. The Wimberly Subdivision is located at the southeast corner of Distribution Way and Denton Drive. The property is presently improved with an office warehouse facility on each lot. A new water line is required for the replat to meet the City's requirements for replatting. Volume 90, page 39 Len and Frances Digiacomo, the owners of Lot 1 of the proposed replat, have a contract to sell the lot with the provision that the approved replat is delivered to the purchaser on or before April 21, 2003. Mr. and Mrs. Digiacomo informed staff that the purchaser will not amend the contract to extend the time. The installation of the water line has not been completed yet; however, the water line installation is well underway with completion expected by Friday, April 11, 2003. With the exception of completion of the water line installation, the Replat of Wimberly Subdivision is consistent with the City's requirements for replat approval. Because the installation of the water line is nearing completion and due to the conditions relative to the sale of Lot 1, City staff recommends approval of the Replat of Wimberly Subdivision. Mayor Phelps opened the public hearing. A motion by Deputy Mayor Pro Tem Walden, seconded by Mayor Pro Tem Bird, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilwoman Davis, seconded by Councilman Robbs, all voting "aye," approved the replat of Wimberly Subdivision. C.3 PUBLIC HEARING: CONSIDER THE REQUEST BY FIBERTOWER CORPORATION FOR SITE PLAN APPROVAL FOR THE INSTALLATION OF ONE TELECOMMUNICATION DISH ANTENNA ON THE PENTHOUSE SOUTH FACADE AND AN ASSOCIATED EQUIPMENT CABINET ON THE ROOF OF THE RHD HOSPITAL BUILDING AT 7 MEDICAL PARKWAY, GENERALLY LOCATED ON THE NORTHEAST CORNER OF WEBB CHAPEL ROAD AND LBJ FREEWAY, AND WITHIN THE PLANNED DEVELOPMENT NUMBER 18 (PD-18) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. This item was continued, at the applicant's request, from the March 10, 2003 Planning and Zoning Commission meeting to the March 24, 2003 Planning and Zoning meeting to allow the applicant additional time to submit the requisite landowner consent form and amended site plan. Prior to the March 24, 2003 Planning and Zoning hearing, the applicant requested a withdrawal of this case, without prejudice. The withdrawal without prejudice allows the applicant to re-file this case in the future when the necessary documents become available. Volume 90, page 40 Public hearings are required for site plan approvals in PD-18. Requisite public notification for this Council hearing had been made prior to the applicant's withdrawal request, thereby necessitating this hearing. The Planning and Zoning Commission unanimously recommends withdrawal without prejudice of the site plan request. Mayor Phelps opened the public hearing. Bill Duerr, 600 Shiloh, stated he was representing Fibertower. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," closed the public hearing. There being no discussion a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," approved withdrawal without prejudice of the site plan request. CA PUBLIC HEARING: CONSIDER THE REQUEST BY T-MOBILE USA FOR A SPECIFIC USE PERMIT TO COLLOCATE A THREE PANEL CELLULAR ANTENNA SYSTEM ON A TEN-FOOT EXTENSION TO AN EXISTING 65- FOOT TALL TOWER LOCATED ON AN 10.5 ACRE TRACT AT 2740 VALWOOD PARKWAY WITHIN THE LOCAL RETAIL-2 (LR-2) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is requesting a Specific Use Permit to extend an existing 65-foot tall monopole tower an additional ten feet, for a total height of 75 feet, and collocate an additional three panel cellular antenna system on the extension. Proposed associated equipment shall be located inside a leased space in the retail building. The existing monopole replaced an earlier, shorter monopole and antenna system on the same site. Two existing antenna systems on the existing monopole were approved with previous Specific Use Permits. The proposed antenna system would be the third and final system the existing monopole could accommodate, as cited in the applicant's engineer's statement. The visual impact of the monopole is reduced by its location behind the Valwood shopping center and its separation from residential neighborhoods by the adjacent Farmers Branch Park. The proposed antenna system complies with all LR-2 zoning standards. The Planning and Zoning Commission unanimously recommends approval of the requested Specific Use Permit and associated site plan with the following condition: Volume 90, page 41 1. T-Mobile USA, or subsequent owner of the antenna system, shall remove the wireless communications antennas and all appurtenances within ninety (90) days subsequent to such time that the antennas become obsolete and the use is abandoned. Mayor Phelps opened the public hearing. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," closed the public hearing. John Hubbard, 11830 Webb Chapel, Dallas, representing T-Mobile stated he is available to answer any question on agenda items CA, C.5. and D.1. Deputy Mayor Pro Tem Walden asked why the monopole needed to be raised 10 feet. Mr. Hubbard replied because the radius center where the antennas are would not provide the coverage that was needed. Deputy Mayor Pro Tem Walden asked if it would serve the residents of Farmers Branch better. Mr. Hubbard replied yes. There being no further discussion, a motion by Councilwoman Davis, seconded by Councilman Moses, all voting "aye", approved the following captioned Ordinance No. 2712 Specific Use Permit and associated site plan with the condition 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 THE INSTALLATION OF A 10-FOOT EXTENTION AND AN ADDITIONAL 3-PANEL CELLULAR ANTENNA SYSTEM ON AN EXISTING COMMUNICATION MONOPOLE, LOCATED BEHIND AN EXISTING RETAIL BUILDING AT 2740 VALWOOD PARKWAY, WITHIN THE LOCAL RETAIL-2 (LR-2) 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.5 PUBLIC HEARING: CONSIDER THE REQUEST BY T-MOBILE USA FOR A SPECIFIC USE PERMIT TO COLLOCATE A NINE-PANEL CELLULAR ANTENNA SYSTEM ON THE FARMERS BRANCH WATER TOWER LOCATED ON THE 6.01 ACRE JUSTICE CENTER TRACT AT 3725 Volume 90, page 42 VALLEY VIEW LANE, GENERALLY LOCATED ON THE NORTH SIDE OF VALLEY VIEW LANE EAST OF MARSH LANE AND WITHIN THE RESIDENTIAL-2 (R-2) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. T-Mobile USA, also known as Voice Stream, is proposing installation of an antenna system composed of nine antenna panels on the City of Farmers Branch water tower column located at the Justice Center, with an equipment shelter located near the southwest base of the tower. The proposed antenna panels will be mounted in similar fashion to existing antennas on the water tower column and will form the topmost row of antennas. The proposed rectangular equipment shelter will match the other equipment shelters and will be painted the same color as the Justice Center's limestone wall, but will not have a roof due to the applicant's utilization of all-weather electrical equipment cabinets. The applicant proposes to install landscaping with an automatic irrigation system to provide screening for the equipment shelter's placement between the Justice Center's wall and the water tower. The lease agreement for the installation is to be considered as a separate item on this agenda. The proposed antenna system will not affect the structural integrity of the water tank. The Planning and Zoning Commission unanimously recommends approval of the requested Specific Use Permit and associated site plan with the following conditions: 1. The equipment shelter's exterior finish shall match the color of the Justice Center screening wall fronting Valley View Lane and the antennas shall match the color of the water tower. 2. T-Mobile USA or subsequent owner of the antenna system and equipment shelter, shall remove the wireless communications antenna, associated equipment shelter, and all appurtenances within ninety (90) days subsequent to such time that the antenna and equipment shelter become obsolete and the use is abandoned. Mayor Phelps opened the public hearing. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," closed the public hearing. Volume 90, page 43 Mayor Phelps asked Mr. Hubbard if he was in agreement with the conditions recommended by the Planning and Zoning Commission. Mr. Hubbard replied yes. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye", approved the following captioned Ordinance No. 2711 Specific Use Permit 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, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR A CELLULAR COMMUNICATIONS ANTENNA SYSTEM AND AN EQUIPMENT BUILDING WITHIN THE ONE FAMILY RESIDENCE-2 (R-2) ZONING DISTRICT AT 3725 VALLEY VIEW LANE; 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; AND PROVIDING AN EFFECTIVE DATE. D.1 CONSIDER ADOPTING RESOLUTION NO. 2003- 040 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH VOICESTREAM GSM I OPERATING COMPANY, LLC KNOWN AS T- MOBILE USA FOR CERTAIN PROPERTY LOCATED AT 3725 VALLEY VIEW LANE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. VoiceStream GSM I Operating Company, LLC known as T-Mobile has requested to lease space on the water tower at 3725 Valley View Lane for nine mounted antenna panels along with an area on the City's property for the auxiliary equipment. T-Mobile's antennas will be similar in size to the other three sets of antenna panels on the water tower and will be painted to match the tower. T-Mobile's equipment facility will be located south of the Southwestern Bell facility which is currently the southern most equipment building on the property. Due to the fact that T-Mobile's equipment shelter will be visible to motorists traveling westbound on Valley View Lane, T-Mobile will be installing various shrubs and trees on the site between their equipment shelter and the entrance road on the east side of the water tower. T-Mobile will also be installing an irrigation system for the new landscape. All of the landscaping will be at T-Mobile's cost. Volume 90, page 44 A lease was negotiated and agreed upon between T-Mobile and the City of Farmers Branch. The lease is for five years with two optional additional five-year renewal periods for $2,000 per month with a 15% increase after each five-year term. A specific use permit request to allow the installation of the antennas is a companion item on this agenda. There being no discussion, a motion by Mayor Pro Tem Bird, seconded by Councilwoman Davis, all voting "aye," adopted Resolution No. 2003-040 authorizing the City Manager to execute the lease agreement with VoiceStream GSM I Operating Company LLC. D.2 CONSIDER ORDINANCE NO. 2713 DECLARING UNOPPOSED CANDIDATES IN THE MAY 3, 2003, GENERAL ELECTION ELECTED TO OFFICE AND CANCELING THE ELECTION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. A general election is scheduled for May 3, 2003 to elect the positions of City Council, Place 3 and City Council, Place 5. Under Subchapter C, Chapter 2 of the Texas Election Code cities may cancel an election if all candidates are unopposed. The deadline to file for a place on the ballot was March 19, 2003 by 5:00 p.m. The deadline for a write-in candidate was March 24, 2003 by 5:00 p.m. The candidates were unopposed for a place on the ballot, therefore the general election can be canceled should the City Council desire. There being no discussion, a motion by Deputy Mayor Pro Tem. Walden, seconded by Councilwoman Davis, all voting "aye," adopted the following captioned Ordinance No. 2713 canceling the election and declaring unopposed candidates elected to office. AN ORDINANCE DECLARING UNOPPOSED CANDIDATES IN THE MAY 3, 2003, GENERAL ELECTION ELECTED TO OFFICE AND CANCELING THE ELECTION D.3 CONSIDER ADOPTING RESOLUTION NO. 2003-039 APPROVING A LOCAL ADVANCE FUNDING AGREEMENT FOR INTELLIGENT TRANSPORTATION SYSTEMS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Incident Detection and Response Phase 2 project is included in the DART Local Assistance Program Volume 90, page 45 Budget in the amount of $555,000. Funding for the project is being provided by the Texas Department of Transportation, Dallas County and DART. The Incident Detection and Response Phase 1 project was completed in 1998 and included the installation of the City's first traffic cameras, motorist information signs on Marsh Lane and other traffic control improvements. The project includes provision of communications and information system technology linking several cities, including Farmers Branch, to the Texas Department of Transportation traffic operations center. Linkage to the TxDOT center will enable City staff to view video and traffic data on highways north and south of Farmers Branch and throughout the Dallas area. The video and data will enable City staff to make better and quicker traffic management decisions designed to move traffic more efficiently during, and even in anticipation of, unusual traffic conditions. The proposed agreement will link the City to the Texas Department of Transportation Center at a cost of $15,000. Funds in the amount of $15,000 are available as part of the Incident Detection and Response Phase 2 project. The agreement provides for the City's participation in a TxDOT project to link 7 local jurisdictions to the TxDOT center. The total cost to provide video and communication links between TxDOT and the seven agencies is $510,000. Each local jurisdiction is being asked to contribute $15,000 toward the project. The balance of the project, comprising 80% of the cost, will be funded by State and Federal sources. The Traffic Engineer recommends the adoption of Resolution No. 2003-039 approving the Local Transportation Project Advance Funding Agreement for Intelligent Transportation Systems with the Texas Department of Transportation, and authorizing the City's participation in the amount of $15,000. Deputy Mayor Pro Tem Walden asked Dave Davis, Traffic Engineer, to clarify the statement "video and data would enable City staff to make better and quicker traffic management decisions." Mr. Davis gave an example to help clarify the question. Deputy Mayor Pro Tem Walden asked what is the anticipated time for this program to come to fruition. Mr. Davis stated the estimated time is between six months and two years. There being no further discussion, a motion by Deputy Mayor Pro Tem Walden, seconded by Mayor Pro Tem Bird, all voting "aye," adopted Resolution No. 2003-039 approving the Local Transportation Project Advance Funding Agreement for Intelligent Transportation Systems with the Texas Department of Transportation, and authorizing the City's participation in the amount of $15,000. DA CONSIDER ADOPTING RESOLUTION NO. 2001-016 APPROVING AN INTERLOCAL AGREEMENT WITH THE NORTH TEXAS TOLLWAY AUTHORITY RELATIVE FOR THE RIGHT-OF-WAY CONVEYANCE, Volume 90, page 46 DESIGN, CONSTRUCTION AND MAINTENANCE OF SEGMENT IV OF THE PRESIDENT GEORGE BUSH TURNPIKE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The North Texas Tollway Authority will begin construction of Segment IV of the President George Bush Turnpike later this spring with completion scheduled for January 2006. Segment IV will extend from I-635 to I-35E. A portion of the new turnpike will traverse the City of Farmers Branch. An agreement with the tollway authority is proposed to facilitate the construction and operation of the turnpike through the City. The major provisions of the proposed agreement include the following: The City conveys 23.8688 acres of land along Valley View Lane as right- of-way for the turnpike. The land is part of a closed landfill and a portion of which is currently being used for solid waste citizens' collection center. The City also conveys 12,388 square feet of land for a temporary easement to use during construction. The City previously committed to donation of the land at the inception of the turnpike. • The City ceases use of the land conveyed to the tollway authority within 120 days of execution of the agreement. Construction is underway for a new citizens' collection center east of its present location. Opening of the new center is scheduled for July 2003. • The tollway authority assumes all responsibility for the construction and operation of the turnpike through the land obtained from the City. • The City retains responsibility for associated with the closed landfill that it would have if the turnpike were not being constructed. • The City permits the construction of a portion of the bridges into the Valley View Lane right-of-way near the Elm Fork of the Trinity River. • The tollway authority will reimburse the City up to $150,000 for providing traffic signals at the connection of the turnpike with Valley View Lane. • The boundary is defined between the maintenance responsibilities of the tollway authority and the City. Mayor Pro Tem Bird asked Mr. Davis if the $150,000 is all that will be needed for providing traffic signals or will there need to be more funds available. Mr. Davis replied it is the City's estimate on what they believe the cost of providing the signals will be. There being no further discussion, a motion by Mayor Pro Tem Bird, seconded by Councilman Moses, all voting, "aye," adopted Resolution No. 2003-036 Volume 90, page 47 approving the interlocal agreement with the North Texas Tollway Authority relative to the right-of-way conveyance, design, construction and maintenance of Segment IV of the President George Bush Turnpike. D.5 CONSIDER ADOPTING RESOLUTION NO. 2003-042 AUTHORIZING THE EXECUTION OF A CITY-COUNTY AGREEMENT WITH THE COUNTY OF DALLAS TO PROVIDE ROTOMILLING AND TO ENABLE THE CITY TO USE DALLAS COUNTY'S CONTRACTOR FOR ASPHALT RESURFACING AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2002-03 Capital Improvement Program includes $2,000,000 in the street resurfacing program to maintain the annual goal of resurfacing eleven lane-miles. The concrete repair contract was approved by the City Council on February 3, 2003 in the amount of $690,806 and the work is presently underway. Sections of streets to be resurfaced this year include: • Albemarle Drive • Bee Street • Brockway Drive • Gillis Road • Jett Avenue • Meadow Green Drive • Millwood Circle • Pebble Beach Drive • Veronica Road • Veronica Circle • Tanglewood Place • Tanglewood Circle • Tanglewood • Braemar Drive Drive • Southern Pines Court • Joanna Drive • Medical Parkway • Damascus Way • Beta Road • McEwen Road • Branch View Lane • Havenhurst Avenue • Millwood Drive • Richland Avenue • Ford Road • Tanglewood Court • Blue Lake Circle • Wilmington Drive • Golfing Green Drive As in previous years, it is proposed that the City utilize Dallas County's equipment and personnel for rotomilling and the County's asphalt paving contractor to resurface the selected streets. The rotomilling, prior to resurfacing, removes the old asphalt or provides a wedge in the concrete gutter in order to maintain the drainage capacity of the street. A City-County Agreement has been prepared to utilize the County's forces and contractor for the rotomilling and resurfacing. The rotomilling price is estimated at $1.50 per square yard. The asphalt price is $31.50 per ton plus mileage for a total estimated price of $34.09 per ton. The agreement amount is based on unit prices and hourly rates not to exceed $858,204. There are sufficient funds available for the rotomilling and resurfacing provided in the City-County Agreement. Volume 90, page 48 The resurfacing work will take place between May and August 2003. Any remaining funds are budgeted for concrete repairs and resurfacing for additional streets that will be identified for resurfacing later in FY 2003-04. There being no discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 2003-042 authorizing the execution of a City-County Agreement with the County of Dallas to provide rotomilling, traffic control and asphalt resurfacing using the County's contractor. D.6 CONSIDER APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION, THE HISTORICAL PRESERVATION AND RESTORATION BOARD, NORTH DALLAS COUNTY WATER SUPPLY CORPORATION, TAX INCREMENT FINANCING REINVESTMENT ZONE NO. ONE AND TWO BOARDS, AND THE COMMUNITY WATCH COMMITTEE AND TAKE APPROPRIATE ACTION. A motion by Deputy Mayor Pro Tem Walden, seconded by Mayor Pro Tem Bird, all voting "aye," appointed Charles Beck to the position of Alternate Place 2 on the Planning and Zoning Commission. A motion by Mayor Phelps, seconded by Mayor Pro Tem Bird, all voting "aye," appointed Linda Groomer to the North Dallas County Water Supply Corporation. A motion by Mayor Phelps, seconded by Councilwoman Davis, all voting "aye," appointed Michael Spicer of the Tax Increment Financing Reinvestment Zone No. One and Two Boards. A motion by Mayor Phelps, seconded by Mayor Pro Tem Bird, all voting "aye," reappointed Ruth Lee as Chairperson to the Community Watch Committee. Mayor Phelps stated the remainder of the Committee Watch members would be brought back at the meeting of April 21, 2003. D.7 Presentation of Council Committee and Organization Reports. Mayor Phelps reported on March 24th John Burke, Michael Spicer, Chief Jim Fawcett and he traveled to Austin to meet with legislators and their staffs to discuss House Bill 1366 and Senate Bill 799 regulating dry cleaning operations. On March 25th and March 27th the City hosted Community Meetings that were well attended. On April 3rd the Mayor presented the State of the City, which was sponsored by the Farmers Branch Chamber of Commerce with 170 in attendance. On April 4th he and Mayor Pro Tem Bird attended the announcement of the Town North Bank scholarships for students at R. L. Turner High School. On April 5th he attended the Police Department's Second Annual Old Car Show benefiting Special Olympics. Also on that day he and his wife Dee attended a luncheon Volume 90, page 49 celebrating the 25th Anniversary of Senior Adult Services. He stated he and Chief King threw out the first pitch at Pepper Park, kicking off the Little League season in Farmers Branch. D.8 Consider Council travel reports and requests and take appropriate action. Councilman Moses stated from March 26th through March 28th he attended the Texas Recreation and Parks Society Conference in San Antonio. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 3:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:30 P.M. AND THEN CONCLUDED AT 7:02 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 or trade or leases of City owned property or acquisition of property located in the area known as Old Farmers Branch. Mayor Phelps stated staff was present to discuss this item with the City Council. E.2 Discuss economic development - Texas Government Code Section 551.087. Discuss Economic Development Incentive and Sales Agreement with Southwestern Bell Telephone Company concerning two tracts of land north of Valley View Lane and on the east side of Denton Drive. Mayor Phelps stated staff was present to discuss this item with the City Council. F.1 Consider necessary action on items discussed in the Executive Session. Mayor Phelps explained staff updated City Council on the Executive Session items and no action was necessary. F.2 Adjournment. A motion by Mayor Pro Tem Bird, a second by Councilwoman Davis, all voting "aye", adjourned the City Council meeting of April 7, 2003 at 8:45 p.m. ,Vi Bob Phelps, Mayor Cindee Peters, City Secretary Volume 90, page 50