Loading...
2003-05-19 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, May 19, 2003 7:30 p.m. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tem Charlie Bird Deputy Mayor Pro Tem Paul Walden Councilmembers Bill Moses Ben Robinson Junie Smith 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 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 Recording Secretary John Burke Linda Groomer Cindee Peters Margaret Somereve John Roach John Boyle Kyle King Jim Fawcett Mary Jane Stevenson Jerry Murawski Mark Pavageaux Michael Spicer Don Moore Jeff Fuller Norma Nichols Suzanne Reynolds Mayor Phelps called the City Council meeting of May 19, 2003 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Deputy Mayor Pro Tem Walden gave the invocation and Scout Troop 33 from Walnut Hill United Methodists Church gave the pledge of allegiance. Volume 80, page 71 A.2 PRESENTATION OF THE FARMERS BRANCH WOMAN OF THE YEAR. Mayor Phelps announced Judy Byrd as the 2003 Woman of the Year for the City of Farmers Branch. Mayor Phelps presented Ms. Byrd with a bouquet of flowers as she was congratulated by the City Council. A.3 PRESENTATION OF PLAQUE TO THE FAMILY OF ROY PATTON FOR DISTINGUISHED SERVICE TO THE CITY AND THE CITIZENS OF FARMERS BRANCH. Mayor Phelps presented a proclamation to Dorothy Patton and her family. He also gave special recognition to the family. Former City Manager Paul West, former Community Services Director Tom Scales and former City Secretary Ruth Ann Parish took a moment to reflect on Mr. Patton's career and remembered his accomplishments. A.4 PRESENTATION OF YEAR 2003 MAYOR'S SCHOLARSHIP AWARDS BY TOWN NORTH BANK. John Reap, President of Town North National Bank, presented to Mayor Phelps and City Council the 2003 recipients of the Mayor's Scholarship Award. Mayor Phelps presented a proclamation to Eder Mijares and Samuel Birkham and congratulated them for a job well done. A.5 CONSIDER ACCEPTING THE DONATION OF AN AUTOMATIC EXTERNAL DEFIBRILLATOR FROM THE FARMERS BRANCH LIONS CLUB TO BE INSTALLED AT THE FARMERS BRANCH SENIOR CENTER AND TAKE APPROPRIATE ACTION. Mayor Phelps stated the Farmers Branch Lions Club would be donating an Automatic External Defibrillator to the City of Farmers Branch for installation at the Farmers Branch Senior Center. This device is designed specifically to be kept at facilities for use and it meets the requirements of the Fire Department. The Fire Department will provide training classes for the Senior Center staff and will maintain the unit. The total value of the device, cabinet and training system is $2,478.65. Al Wagner with the Farmers Branch Lions Club presented to Katie Roberts, Senior Advisory Board Chair the Automatic External Defibrillator. A motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro Tem Walden, all voting "aye," accepted the Automatic External Defibrillator from the Farmers Branch Lions Club for the Farmers Branch Senior Center, with appropriate thank you letter to be sent. Volume 80, page 72 A.6 ELECT MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM. A motion by Councilman Bird, seconded by Councilwoman Smith, all voting "aye," appointed Deputy Mayor Pro Tem Walden to serve as Mayor Pro Tem. A motion by Councilman Bird, seconded by Councilwoman Smith, all voting "aye," appointed Councilman Moses, to serve as Deputy Mayor Pro Tem. A.7 PRESENTATION OF BOARD APPLICATIONS. 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. A.9 PRESENTATION OF LAND USE PLAN FOR THE WEST SIDE AND DEMOGRAPHIC DATA UPDATE. Director of Planning Kaizer Rangwala presented the land use plan for the West Side. Mayor Pro Tem Walden asked for clarification on the recommended transformation for Luna Road. Mr. Rangwala explained that successful retail stores depend on high volume of trips - the Luna Road location has the volume of trips and the trips are likely to increase as the West Side area is developed. The wide arterial will work well for moving cars; however, they are not conducive for retail businesses that rely on foot traffic. They create little or no public space; often times are uncomfortable or unsafe for pedestrians. Luna Road could be transformed into a multiple roadway boulevard that accommodates local traffic on the sides by providing separate access roadways adjacent and parallel to the main traffic lanes in the middle. Following the presentation on the West Side Land Use Plan, Planning Analyst Jim Sellards presented demographic updates on the Census 2000 results. Mayor Pro Tem asked if the 1970 income was adjusted for inflation. Mr. Sellards responded, yes. 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. Volume 80, page 73 A motion by Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tem Moses, all voting "aye," added item D.1 to the Consent Agenda. A motion by Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tem Moses, all voting "aye," approved the Consent Agenda as amended. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MAY 6, 2003. B.2 ADOPTED RESOLUTION NO. 2003-049 AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE CONSULTANT SERVICES CONTRACT WITH RCC CONSULTANTS, INC. FOR CONSULTING SERVICES FOR A PUBLIC SAFETY RADIO SYSTEM. B.3 ADOPTED ORDINANCE NO. 2721 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, CREATING ARTICLE V, STATE HIGHWAYS, SECTION 82-301, RELATIVE TO ADOPTING A POLICY ON ACCESS OF STREETS AND DRIVEWAYS TO THE STATE HIGHWAY SYSTEM. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS; AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE V, SECTION 82-301, ADOPTING A POLICY ON ACCESS OF STREETS AND DRIVEWAYS TO THE STATE HIGHWAY SYSTEM; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY CLAUSE AND PROVIDING FOR A SEVERABILITY CLAUSE. B.4 ADOPTED RESOLUTION NO. 2003-055 APPROVING AMENDMENT NO. 1 TO THE ENGINEERING SERVICES AGREEMENT WITH CARTER AND BURGESS, INC. FOR DESIGN OF MERCER PARKWAY FROM VALLEY VIEW LANE TO 300 FEET EAST OF LUNA ROAD. B.5 ADOPTED RESOLUTION NO. 2003-056 AWARDING THE BID FOR THE CONSTRUCTION OF THE VALLEY VIEW LANE SIDEWALK, ON THE NORTH SIDE OF THE STREET FROM TEMPLETON TRAIL TO GLAD ACRES, TO HENCIE INTERNATIONAL, INC. B.6 ADOPTED RESOLUTION NO. 2003-053 AWARDING THE BID FOR DRAINAGE CHANNEL REPAIRS. Volume 80, page 74 B.7 ADOPTED RESOLUTION NO. 2003-054 AWARDING THE BID FOR HOLIDAY LIGHTING IN THE EVENT OF SUCH TERMINATION, CITY MAY PROCEED TO COMPLETE THE SERVICES IN ANY MANNER DEEMED PROPER BY CITY, EITHER BY THE USE OF ITS OWN FORCES OR BY CONTRACTING WITH OTHERS. D.1 APPROVED ORDINANCE NO. 2714 THAT REPEALS AND RESCINDS ORDINANCE NO. 1857 RELATIVE TO THE TAXATION OF CERTAIN PERSONAL PROPERTY. AN ORDINANCE REPEALING AND RESCINDING ORDINANCE NO. 1857, APPROVED ON DECEMBER 4, 1989, WHICH ORDINANCE ADDRESSED ARTICLE VIII, SECTION 14 OF THE TEXAS CONSTITUTION AND CONTINUED THE TAXATION OF CERTAIN PERSONAL PROPERTY DELINEATED BOTH IN THE ORDINANCE AND IN THE CONSTITUTIONAL AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. C.1 CITIZEN PARTICIPATION. John Oechsner, 3509 Brookline, stated he would like to see more development in Old Farmers Branch. John Wells, 13521 Heartside Place, stated he would like to see more signage for the City's recycling program. Kari Perkins, 3637 Whiteall Drive, Dallas, spoke on the Sister City Program. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF THE NORTH CENTRAL TEXAS FARMERS CORPORATION TO GRANT A SPECIFIC USE PERMIT - INTERIM USE FOR A FARMERS MARKET AT 12731 DENTON DRIVE, WITHIN THE PLANNED DEVELOPMENT NUMBER 70 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject site is a 0.82 acre vacant tract of land located approximately 900 feet south of Valley View Lane on the west side of Denton Drive. For the past six years, the North Central Texas Farmers Corporation has leased space from the City of Farmers Branch at 12731 Denton Drive, to operate a farmers market. The North Central Texas Farmers Corporation would like to operate the farmers market at this same location again. The proposed farmers market will be a temporary use; no permanent building or other permanent improvements are proposed for construction. The applicant Volume 80, page 75 intends to operate the farmers market on each Wednesday and Saturday between the hours of 7:00 a.m. and 5:00 p.m., or until sold out, from May 20, 2003 through December 31, 2003. Produce to be sold will be home grown by individual farmers within a 150-mile radius of the metroplex. The Planning and Zoning Commission, by unanimous vote, recommends approval of the Specific Use Permit - Interim Use and associated site plan, with the following conditions: 1. The farmers market shall operate on Wednesday and Saturday of each week during the hours of 7:00 a.m. until 5:00 p.m., or until sold out. 2. The metal frame awning structure may remain on the site at the location shown on the site plan on the days that the farmers market is not in operation for the period beginning May 20, 2003 through December 31, 2003. 3. The metal awning frame structure, and the awning and sign, shall be removed from the site when the Specific Use Permit-Interim Use expires on December 31, 2003 or when the use of the property is no longer needed, whichever occurs first. Mayor Phelps opened the public hearing. A motion by Deputy Mayor Tem Moses, seconded by Councilman Bird all voting, "aye," closed the public hearing. Mayor Phelps asked the applicant if he was in agreement with the conditions recommended by the Planning and Zoning Commission. The applicant replied yes. There being no further discussion, a motion by Councilman Bird, seconded by Deputy Mayor Pro Tem Moses, all voting "aye," adopted the following captioned Ordinance No. 2716 and associated site plan, with the three 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 - INTERIM USE BEGINNING ON MAY 20, 2003 AND EXPIRING ON DECEMBER 31, 2003 TO ALLOW THE OPERATION OF A FARMERS MARKET WITHIN A PLANNED DEVELOPMENT NUMBER 70 ZONING DISTRICT (PD-70) AT 12731 DENTON DRIVE; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE Volume 80, page 76 RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER THE REQUEST BY JOE'S ITALIAN CAFE FOR A SPECIFIC USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES WITHIN A QUALIFYING RESTAURANT LOCATED AT 12895 JOSEY LANE, SUITE 128, WITHIN THE PLANNED DEVELOPMENT NUMBER 8 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant seeks approval of a specific use permit to allow on-site sales and consumption of alcoholic beverages for an existing qualifying restaurant, Joe's Italian Cafe. Joe's Italian Cafe is located in the Farmers Branch Shopping Center at the southwest corner of Josey Lane and Valley View Lane. The request complies with the requirements established in the City's Comprehensive Zoning Ordinance, which regulates on-site sales and consumption of alcoholic beverages. The restaurant is approximately 2,100 square feet in area. Alcohol service would be provided exclusively at dining tables; there will be no bar. There will be no drive-in, drive-through, nor patio sales of food or alcohol. No exterior advertising of alcohol sales is permitted. Alcohol sales may not exceed 20% of the restaurant's gross sales receipts. An alcohol awareness program has been submitted by the applicant, as required by the Comprehensive Zoning Ordinance, which addresses personnel training, verification of customer identification, an alcohol limits policy, transportation for customers, and time of alcoholic beverage sales. The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit, including the associated site plan, floor plan and alcohol awareness program. Mayor Phelps opened the public hearing. Joe Catalano, 12895 Josey Lane, stated he would like to have approval from Council on his request for the specific use permit. John Wells, 13521 Heartside Place, stated he is in favor of this request. Frank Shor, 2517 Danny Lane, congratulated the new councilmembers and stated he is also in favor of this request. A motion by Deputy Mayor Pro Tem Moses, seconded by Mayor Pro Tem Walden, all voting "aye," closed the public hearing. There being no further discussion, a motion by Mayor Pro Tem Walden, seconded by Councilman Bird, all voting "aye," adopted the following captioned Ordinance Volume 80, page 77 No. 2720 approving the request, 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 TO ALLOW ON-SITE SALES AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN AN EXISTING QUALIFYING RESTAURANT LOCATED AT 12895 JOSEY LANE, SUITE 128 AND WITHIN THE PLANNED DEVELOPMENT NUMBER 8 (PD-8) 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 FROM THE BALLROOM, INC. FOR A SPECIFIC USE PERMIT TO ALLOW A BALLROOM DANCE FACILITY WITHIN AN EXISTING BUILDING AT 13465 INWOOD ROAD, WITHIN THE PLANNED DEVELOPMENT NUMBER 39 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The application seeks approval of a specific use permit to allow an approximate 17,000 square foot ballroom dance facility, including dance instruction and competitive and special events within an existing 116,300 square foot building. The proposed use is for a business that teaches ballroom dance. According to the plan of operation, the applicant intends to host major dance competitions, mini- competitions and dance camps. In conjunction with dance competitions, the applicant intends to host catered banquets attended by invitation only. The maximum capacity at these events shall not exceed 360 people. Anticipated average attendance of daily functions is less than 50 people. Parking is being provided both on-site and off-site in accordance with the Comprehensive Zoning Ordinance for the proposed ballroom facility. Additionally, parking has been reserved on-site for existing and future tenants. Additional landscaping, such as street trees and shrubbery to screen the undercarriage of vehicles, is proposed to be installed on the site. PD-39 does not require an automatic irrigation system; however, the applicant shall keep the landscaping in a healthy, living state. The facility shall comply with all Fire Department and Building Code regulations. Volume 80, page 78 The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit including the associated site plan and plan of operation, with the following conditions: 1. The ballroom facility operations shall be conducted in accordance with the plan of operation, and restricting the use of the remaining building area to ensure parking compliance shall be in accordance with the letter issued by the property owner on April 3, 2003. 2. A landscape plan specifying plant varieties, size and spacing shall be submitted by the applicant, subject to review and approval by City staff prior to issuance of a building permit. 3. The off-site parking agreement shall be subject to review and approval by City staff to ensure compliance with the Comprehensive Zoning Ordinance parking requirements, prior to issuance of an occupancy permit. Three business days prior to any competitions or other special events occurring during a time other than Friday, Saturday and Sunday from 6:00 p.m. to 2:00 a.m., the applicant shall submit evidence to staff that sufficient parking has been secured for the event in accordance with zoning requirements. Mayor Phelps opened the public hearing. The following persons spoke in favor of the request: •Roy Jeffery, 2201 Piedmont Street, Irving. *Claudette Matthews, 1137 Bull Run, Richardson. •Rosella Nix, 3723 Walzart, Dallas. •Teddie Barner, 5438 Anita, Dallas. A motion by Deputy Mayor Pro Tem Moses, seconded by Councilman Bird, all voting "aye," closed the public hearing. Mayor Pro Tem Walden asked about the survival of the landscaping without irrigation. Michael Spicer, Director of Community Services, stated the applicant would be responsible for all the landscaping and would have to replace any landscaping that dies. Councilman Bird asked Mr. Spicer if the shrubbery was part of the project and asked if the applicant would take care of it. Mr. Spicer replied the applicant would maintain the property and replace any landscaping that dies. !I Volume 80, page 79 Mayor Phelps asked the applicant if he was in agreement with the three recommendations made by the Planning and Zoning Commission. The applicant replied yes he was in agreement with the recommendations. There being no further discussion, a motion by Councilman Robinson, seconded by Councilwoman Smith, all voting "aye," adopted the following captioned Ordinance No. 2719, approving the 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 A BALLROOM DANCE FACILITY LOCATED AT 13465 INWOOD ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 39 (PD-39) 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 FUNDING PROPOSALS UNDER THE DALLAS COUNTY DEVELOPMENT BLOCK GRANT PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch is eligible to receive $113,408 in Community Development Block Grant funds from Dallas County for the fiscal year beginning October 1, 2003. Projects that are eligible for community development block grants are those projects that promote low-income home ownership, improve or maintain existing low-to- moderate income neighborhoods or eliminate community-threatening conditions. In the past, the City of Farmers Branch has used a significant portion of its grants to fund the HOME program. The HOME program gives qualified low-to- moderate residents a forgivable loan up to $25,000 for home repairs. Since 1994 the City has received $426,082 through this program, which was used to repair over twenty homes. However, due to the Housing and Urban Development Department new regulations on lead-based paint, the County has discontinued the HOME program A public hearing conducted by participating entities is required by Dallas County before the governing body can submit a proposal for the Community Development Block Grant. The purpose of the public hearing is to allow residents input on how the money should be spent. Funding proposals must be submitted to Dallas County by June 25th. A resolution will be prepared for Council approval at the June 16th meeting. Volume 80, page 80 Staff recommends that a public hearing be held for public input on the use of Community Development Block Grants. Mayor Phelps opened the public hearing. There was no one present to provide public input. A motion by Councilman Bird, seconded by Councilman Robinson, all voting "aye," closed the public hearing. Mayor Phelps stated this item will be on the June 16, 2003 City Council meeting. D.1 CONSENT. D.2 CONSIDER ADOPTING ORDINANCE NO. 2722 ESTABLISHING THE MAXIMUM PERMITTED BASIC SERVICE TIER RATE CHARGED BY COMCAST CABLE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Comcast Cable formerly AT&T Broadband has proposed a decrease in the basic service cable rate. The City's responsibility is to determine if the proposed maximum permitted rate for basic service is reasonable under federal regulations. The City may not set rates for expanded basic, premium services, pay-per-view services or digital services. Staff retained the services of C2 Consulting Services in March 2003 to review the rates submitted by Comcast. Comcast proposed a maximum permitted rate of $14.34, which includes $1.84 surcharge that it is allowed to collect under Federal Communications Commission regulations for the 1999 upgrade to the system in Farmers Branch. The City can only set a maximum permitted rate for basic service. Proposed Ordinance No.2722 adopts C2 Consulting's recommended maximum permitted rate of $14.34. This maximum permitted rate is a ten cents decrease from the current rate of $14.44. Comcast is allowed by law to select a rate lower than the maximum permitted rate; however, Comcast has not stated what rate they will implement nor what date the implementation will take place. Typically, the basic rate adjustments are implemented June 1St. However, Comcast has not set this date for implementation and cannot tell the City when they will implement the rate. Ordinance No. 2722 sets the $14.34 rate and orders Comcast to make this rate effective June 1, 2003 since it is a lower rate than the current basic service rate. 1 Volume 80, page 81 Staff recommends adopting Ordinance No.2722 establishing the maximum permitted rate of $14.34 for basic service. There being no discussion, a motion by Mayor Pro Tem Walden, seconded by Deputy Mayor Pro Tem Moses, all voting "aye, adopted the following captioned Ordinance No. 2722. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS ESTABLISHING THE MAXIMUM PERMITTED BASIC SERVICE TIER RATES CHARGED BY COMCAST CABLE DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. D.3 CONSIDER ADOPTING RESOLUTION NO. 2003-058 AWARDING THE BID FOR THE JOSEY LANE STREET RECONSTRUCTION PROJECT FROM VALWOOD PARKWAY TO THE NORTH CITY LIMIT LINE TO TEXAS- STERLING CONSTRUCTION, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2002-03 Capital Improvement Program provides $5,000,000 for the reconstruction of Josey Lane from Valwood Parkway to the north city limit. The project consists of the total reconstruction of the street. The vehicle lanes will be widened to 11 feet and new sidewalks will be constructed with handicap accessible ramps at the street intersections. Storm sewers will be improved and a larger box culvert at Cooks Branch Creek will be built to reduce the flooding of the roadway during periods of heavy rainfall. A twelve-inch water main along the east side of Josey Lane will also be replaced. An interlocal agreement with the City of Carrollton was approved by the City Council on February 3, 2003 that allows the City of Farmers Branch to include the replacement of the Carrollton water and sanitary sewer mains with the street reconstruction, for the City of Carrollton. The City of Carrollton will pay for the replacement of water and sanitary sewer mains, and will be responsible for the operation and maintenance of the water and sanitary sewer mains when the new mains are installed. Six bids were received and opened on April 30, 2003. All bids met specifications. Texas-Sterling Construction, L.P. submitted the low bid in the amount of $2,972,324.21. Texas-Sterling Construction, L.P. has provided adequate qualifications and references for similar work. The contract time is 540 calendar days. After expenses for design services, $4,712,740 is available for construction. Included in the bid amount of $2,972,324.21, is $153,177.56 for the Carrollton water line and sanitary sewer line; Carrollton will reimburse the City for the water line and sanitary sewer line within thirty days of receipt of invoice. Volume 80, page 82 After street improvements are completed, median enhancements and streetlights will be installed under separate contracts. Mayor Phelps asked when the work is scheduled to start. Jerry Murawski, City Engineer, stated the City could expect construction within the next 30 days. There being no further discussion a motion by Mayor Pro Tem Walden, seconded by Councilwoman Smith, all voting "aye," Resolution No. 2003-058 awarding the bid for the Josey Lane Street Reconstruction project to Texas-Sterling Construction, L.P. in the amount of $2,972,324.21. DA CONSIDER ADOPTING RESOLUTION NO. 2003-059 AWARDING BIDS RELATIVE TO CONSTRUCTION OF THE NEW RECREATION CENTER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On Thursday, May 1, 2003, with the assistance of Gallagher Construction Management Services, the City received and opened five bids on the technology package and six bids on the security system for the Farmers Branch Community Recreation Center. One of the bids on the security system did not include the required bid bond and was, therefore, considered a "no bid". The security system includes building access control; burglar and glass break alarms, and interior and exterior video cameras. The technology system includes public address and audio/video equipment such as televisions, projectors, DVD players, and sound. The low bids meeting specifications were submitted by ASC Companies for the technology package in the amount of $144,344.33, and by Systems On Guard, Inc. for the security system in the amount of $80,799. The total amount of low bids meeting specifications recommended for award at this time is $225,143.33. There being no discussion a motion by Councilman Bird, seconded by Councilman Robinson, all voting "aye," adopted Resolution No. 2003-059 awarding bids relative to construction of the new Recreation Center in the amount of $225,143.33. D.5 CONSIDER APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD, COMMUNITY WATCH COMMITTEE AND THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, AND TAKE APPROPRIATE ACTION. A motion by Mayor Pro Tem Walden, seconded by Councilman Bird, all voting "aye," appointed Robert Hernandez as chairman of the School-Community Relations Committee. D.6 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Volume 80, page 83 1 Mayor Phelps stated on May 13th he attended the Metroplex Mayor's Meeting; at 11 a.m. he attended a luncheon at the Senior Center celebrating May as "Older American Month." On May 16th at R. L. Turner High School he presented the Mayor's Scholarship Award to the two recipients; at 11 a.m. he attended the Police Department's Recognition Services. On May 17th he attended Fishin' Fun at Oran Good Park. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. A motion by Mayor Pro Tem Walden, seconded by Councilman Moses, all voting "aye" approved travel for Councilman Robinson and Councilwoman Smith to attend the TML Seminar in Austin, on July 25th and 26th r~ MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:49 P.M. AND THEN CONCLUDED AT 6:45 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 property at 13200 Nestle Street. Discuss sale, lease or trade of real property in Branch Crossing at 2655 Mount View Drive. Discuss sale, lease or trade of City owned property at 500 Huffines Blvd., Lewisville, Texas. Mayor Phelps explained staff was present to discuss this item with the City Council. E.2 DISCUSS PERSONNEL MATTER - TEXAS GOVERNMENT CODE SECTION 551.074. Discuss City Manager contract and hiring process. Mayor Phelps explained staff was present to discuss this item with the City Council. Volume 80, page 84 F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated staff updated City Council on executive items. Mayor Phelps called for necessary action on executive session. A motion by Deputy Mayor Pro Tem Moses, a second by Mayor Pro Tem Walden, to reject the RFP's for the property at 2655 Mount View Drive, with Moses, Walden, Robinson and Bird voting "aye", and Smith voting "nay". The motion passed with a 4 to 1 vote. F.2 ADJOURNMENT. A motion by Mayor Pro Tem Walden, a second by Councilman Bird, all voting "aye", adjourned the meeting of May 19, 2003 at 9:50 p.m. U~ Bob Phelps, Mayo Cindee Peters, City Secretary 1 Volume 80, page 85