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2002-08-19 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, August 19, 2002 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: City Manager Assistant City Manager Assistant City Manager City Secretary Assistant to the City Manager Assistant to the City Manager City Attorney Finance Director Economic Development Director Director of Public Works City Engineer Communications Director Director of Community Services Director of Parks and Recreation Director of Equipment Services Fire Chief Police Chief Recording Secretary Richard Escalante Linda Groomer John Burke Cindee Peters Margaret Somereve John Roach John Boyle Charles Cox Norma Nichols Mark Pavageaux Jerry Murawski Tom Bryson Michael Spicer Jeff Fuller Don Moore Kyle King Jim Fawcett Suzanne Reynolds Mayor Phelps called the City Council meeting of August 19, 2002 to order at 7:35 p.m. The meeting was televised. Volume 89, page 28 A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tem Bird gave the invocation and Boy Scout Troop 734 working on their Citizenship Badge gave the Pledge of Allegiance. MAYOR'S ANNOUNCEMENT Mayor Phelps stated the City received an email from the Sister City in Garbsen, Germany stating Shonebeck was having severe flooding and asking to keep them in thought. A.2 CONSIDER ACCEPTANCE OF DONATIONS FROM KERR-MCGEE OIL & GAS ONSHORE LLC FOR $500 TO THE POLICE DEPARTMENT AND $500 TO THE FIRE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Kerr-McKee Oil & Gas Onshore LLC has made a contribution of $500 to the Police Department and $500 to the Fire Department on behalf of their company. It represents their appreciation to the Police and Fire Departments for their service to the community. The Police Department's donation will be used to help defray cost to replace in-car computers; the Fire Department's donation will be applied to the purchase a utility trailer to transport equipment for public education programs. The Chief of Police recommends accepting the $500 donation from Kerr-McGee Oil & Gas Onshore LLC to be used to help defray cost to replace in-car computers. The Fire Chief recommends accepting the $500 donation from Kerr- McGee Oil and Gas Onshore LLC to be used to purchase a utility trailer. A motion by Councilwoman Davis, seconded by Deputy Mayor Pro Tem Walden, all voting "aye," accepted donations from Kerr-McKee Oil & Gas Onshore LLC, with appropriate thank you letter. A.3 CONSIDER ACCEPTANCE OF A $1,200 DONATION FROM SAM'S CLUB OF ADDISON FOR THE FIRE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Sam's Club of Addison has provided a $1,200 Good Neighbor Grant to the Fire Department. The funds are provided to assist with community programs and to show support for the Fire Department. The donated funds will be applied to the purchase of a utility trailer that will be used to transport equipment for public education programs. The total cost for the trailer and lettering is $2,000. The Fire Chief recommends accepting the $1,200 donation from Sam's Club of Addison to be applied to the purchase of a utility trailer. Volume 89, page 29 A motion by Mayor Pro Tem Bird, seconded by Councilman Moses all voting "aye," accepted the donation from Sam's Club of Addison, with appropriate thank you letter. A.4 CONSIDER ACCEPTANCE OF A $300 DONATION FROM THE JUNIOR WOMEN'S GUILD FOR THE FIRE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Junior Women's Guild has made a contribution of $300 to express appreciation for the Fire Department's hard work, dedication and service to the community. The donated funds will be applied to the purchase of a utility trailer that will be used to transport equipment for public education programs. The Fire Chief recommends accepting the $300 donation from the Junior Women's Guild to be applied to the purchase of a utility trailer. A motion by Deputy Mayor Pro Tem Walden, seconded by Councilman Robbs, all voting "aye," accepted the donation from the Junior Women's Guild, with appropriate thank you letter. A.5 CONSIDER ACCEPTING A DONATION OF ELECTRIC VEHICLE COMPONENTS BY E.V. POWER, INC. TO THE FARMERS BRANCH EQUIPMENT SERVICES DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In 1995, using a federal grant, the City of Farmers Branch purchased a 1994 Chevrolet ES-10 electric pickup. This vehicle was supported through a partnership with a local company, E.V. Power, Inc. Since it was purchased, the vehicle has been used by the Public Works Department Utilities staff along with various other departments. Mr. Jim Mathis of E.V. Power, Inc. recently contacted Equipment Services staff stating he had discontinued participating in the electric vehicle program, and that he had several components he would like to donate for the support of the City's electric vehicle. Mr. Mathis estimated the value of these components to be approximately $5,000.00. The Director of Equipment Services recommends accepting the donation of electric vehicle components. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," accepted the donation from Mr. Jim Mathis of E.V. Power, Inc., with appropriate thank you letter. Volume 89, page 30 A.6 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a five-year service award pin to Steve Grigg of the Police Department. A.7 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a ten-year service award pin to Carlos Zamora of the Fire Department. 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 BOARD APPLICATIONS. There were no applications presented. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Mayor Phelps stated under the title of 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 Councilman Bird, seconded by Councilman Robbs, all voting "aye," approved the Consent Agenda with changes to the Consent Agenda Item B.1 minutes. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JULY 22, 2002. B.2 APPROVED OF MINUTES OF SPECIAL CITY COUNCIL MEETING OF AUGUST 1, 2002. B.3 APPROVED THE SITE PLAN REQUEST BY THE CITY OF FARMERS BRANCH FOR A 250-FOOT-TALL WATER TOWER TO BE LOCATED ON A 40.2-ACRE CITY-OWNED TRACT AT 13333 DAVIS LANE WITHIN PLANNED DEVELOPMENT DISTRICT NUMBER 77. Volume 89, page 31 B.4 ADOPTED RESOLUTION NO. 2002-098 ACCEPTING A MAINTENANCE ACCESS EASEMENT GRANTED TO THE CITY OF FARMERS BRANCH BY JAMES K. JOHNSON OF 3506 WATERCREST COURT FOR PARK MAINTENANCE AT OAKBROOK LAKE. B.5 ADOPTED RESOLUTION NO. 2002-099 ACCEPTING A MAINTENANCE ACCESS EASEMENT GRANTED TO THE CITY OF FARMERS BRANCH BY KYLE V. COREY OF 3508 WATERCREST COURT FOR PARK MAINTENANCE AT OAKBROOK LAKE. B.6 ADOPTED RESOLUTION NO. 2002-093 APPROVING THE 2002-2003 OPERATING BUDGET OF THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION. B.7 ADOPTED RESOLUTION NO. 2002-047 AWARDING BID FOR THE PURCHASE OF POLICE DEPARTMENT UNIFORMS. B.8 ADOPTED RESOLUTION NO. 2002-109 AUTHORIZING THE CITY MANAGER TO APPLY FOR AND CERTIFY THE NEED TO RECEIVE FUNDS FOR VIDEO AND AUDIO EQUIPMENT FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY FOR THE PURPOSE OF INSTALLING IN MARKED POLICE VEHICLES. C.1 CITIZEN PARTICIPATION. There was no citizen participation. D.2 CONSIDER ADOPTING RESOLUTION NO. 2002-110 OPPOSING ANY DELAY IN DART LIGHT RAIL SERVICE TO FARMERS BRANCH IN ORDER TO ACCELERATE THE ADDITION OF A DIRECT RAIL CONNECTION TO DALLAS LOVE FIELD AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On Tuesday, August 6, 2002 representatives of the Dallas City Council Transportation Committee met with several Dallas Area Rapid Transit Board members to discuss rail service to Dallas Love Field. During the meeting it was suggested that light rail service to Farmers Branch and several other cities be delayed in order to give priority to building a direct connection to Love Field along the Northwest Corridor rail line. The direct connection to Love Field is estimated to add approximately $160 million to the cost of the Northwest Corridor. If the direct connection is not built, service to Love Field could be provided via bus shuttles operating between the Northwest Corridor line and the airport. Volume 89, page 32 Citizens of Farmers Branch and other DART member cities voted on August 12, 2000 to allow DART to incur long-term debt as a means of accelerating the completion of planned light rail extensions. Schedules published by DART during the election showed DART's light rail line to Farmers Branch being in service by 2008, if long-term debt were to be approved. The ability of DART to provide light rail service on the schedule they distributed at the time of the election was the benefit presented by DART in seeking voter approval of long-term financing authority. The proposed delay would be contrary to commitments made by DART. Farmers Branch has planned a major transit-oriented redevelopment connected to light rail serving a Farmers Branch station in 2008. Delay in that schedule will cause irreparable harm to the redevelopment. City staff recommends the adoption of Resolution No. 2002-110 opposing any delay in DART light rail service to Farmers Branch in order to accelerate the addition of a direct rail connection to Dallas Love Field. Sandy Greyson, Dallas City Councilmember District 12, 1200 Marilla, stated she and her colleagues know how important it is to the City of Farmers Branch to keep the northwest corridor on schedule. She stated as a member city of DART, they would like to see this project worked out for everyone involved. Ms. Greyson stated the City of Dallas sees access to Love Field as such an important issue, and the completion of the northwest corridor and honoring promises to the City of Farmers Branch just as important. She stated the City of Dallas may also have to reschedule one of their projects. Kathleen Matsumura, 3938 Clubway, stated she supports the City's stand on this item. There being no further discussion, a motion by Deputy Mayor Pro Tern Walden, seconded by Mayor Pro Tem Bird, all voting "aye," adopted Resolution No. 2002-110 opposing any delay in DART light rail service to Farmers Branch in order to accelerate the addition of a direct rail connection to Dallas Love Field. C.2 PUBLIC HEARING: CONSIDER REQUEST BY DALLAS SEMICONDUCTOR, INC. FOR FINAL PLAT APPROVAL OF DALLAS SEMICONDUCTOR BUSINESS PARK II BEING A REPLAT OF DALLAS SEMICONDUCTOR BUSINESS PARK, AND BEING A PORTION OF BLOCK A, BELTWOOD BUSINESS PARK, AND A PORTION OF BLOCK E, BELTWOOD BUSINESS PARK, SECOND INSTALLMENT, AND BEING ALL OF PROTON TECH CENTER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Dallas Semiconductor, Inc. is the owner of approximately 40.89 acres located at Beltwood Parkway and Gillis Road. The property is zoned Planned Development District Number 83. Volume 89, page 33 The plat dedicates easements for drainage, utilities, fire lanes, establishes Lots 1 through 4 and designates a twenty (20) foot building line. 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. The plat is consistent with the Texas Local Government Code and with the City requirements for final plat approval. City staff recommends that the final plat for Dallas Semiconductor Business Park II be approved. Mayor Phelps opened the public hearing. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," closed the public hearing. There being no discussion a, motion by Councilwoman Davis, seconded by Deputy Mayor Pro Tem Walden, all voting "aye," approved the final plat for Dallas Semiconductor Business Park II. C.3 PUBLIC HEARING: CONSIDER THE REQUEST BY HICKMAN CONSULTING ENGINEERS, INC. ON BEHALF OF ST. MARY'S ORTHODOX CHURCH TO REZONE AN APPROXIMATELY 3.638-ACRE TRACT LOCATED AT 14133 DENNIS LANE FROM ONE-FAMILY RESIDENCE DISTRICT-6 ZONING DISTRICT TO INSTITUTIONAL- RELIGIOUS USES ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 3.638-acre site is presently improved with a religious institution constructed in 1960. Religious institutions are permitted in single-family residential districts by the grant of a Specific Use Permit. The Comprehensive Zoning Ordinance was amended in 1975 requiring a Specific Use Permit for religious uses in single- family residential districts; prior to that date, religious uses were allowed by right in all districts. Therefore, the existing religious uses on this site are operating as a non-conforming use. The proposed request seeks to rezone the subject property from One-Family Residence District-6 to Institutional-Religious Uses zoning district. Volume 89, page 34 The rezoning brings the long-time religious use of this site into conformance with the recently adopted Institutional-Religious Uses district and allows for the future expansion of the existing facility, by right. The Comprehensive Plan recommends community-serving retail use for this parcel. Religious uses are compatible with retail uses. The religious use of this site is also compatible with adjacent existing religious and institutional uses in the general area. The Planning and Zoning Commission unanimously recommends approval of the proposed rezoning request. Mayor Phelps opened the public hearing. Mark H. Hickman, Hickman Consulting, 1315 E. 19th Street, representing St. Mary's Orthodox Church, stated he was available to answer questions. Charles Williams, 2508 Richland, stated he is not in favor of the proposed rezoning request. A motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro Tem Walden, all voting "aye," closed the public hearing. Discussion followed on the zoning district classification at 14133 Dennis Lane from one-family residence district R-6 (R6) to institutional-religious uses district (1-RU). There being no further discussion, a motion by Councilman Moses, seconded by Mayor Pro Tem Bird, all voting "aye," adopted the following captioned Ordinance No. 2685 approving the proposed rezoning request. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; BY CHANGING THE ZONING DISTRICT CLASSIFICATION OF A 3.638-ACRE TRACT LOCATED AT 14133 DENNIS LANE FROM ONE-FAMILY RESIDENCE DISTRICT-6 (R-6) TO INSTITUTIONAL-RELIGIOUS USES DISTRICT (I-RU); PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. CA PUBLIC HEARING: CONSIDER THE REQUEST BY BASIC CAPITAL MANAGEMENT TO REZONE AN APPROXIMATELY 125.7-ACRE TRACT LOCATED GENERALLY SOUTH OF LBJ FREEWAY, EAST OF LUNA Volume 89, page 35 ROAD, NORTH OF CROWN DRIVE, AND WEST OF THE BURLINGTON NORTHERN RAILROAD FROM PLANNED DEVELOPMENT NUMBERS 45, 59, AND 62 TO A NEW PLANNED DEVELOPMENT NUMBER 85 ZONING DISTRICT INCLUDING ESTABLISHING DEVELOPMENT STANDARDS AND PERMITTED USES, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed rezoning request also serves as the basis for associated agenda item C.5 amending the Master Thoroughfare Plan. Presently, three separate zoning districts regulate development on the subject 125.7-acre site. The three districts collectively allow for principal office uses, with retail and high-density residential development as secondary uses. The proposed application seeks to consolidate the three zoning districts into one zoning district. Many of the existing land uses and development standards from the existing three districts have been retained within the proposed rezoning. Proposed changes to the existing zoning include: 1. Reducing the maximum allowable density from approximately 20.5 million square feet to approximately 1.7 million square feet because the existing density exceeds the infrastructure capacity needed to serve the area; 2. Eliminating undesirable residential uses; and 3. Eliminating the existing approved concept plans because the concept plans associated with two of the three zoning districts call for the construction of a street through the subject site that is not desirable due to the existing floodplain, high infrastructure costs and poor accessibility for land adjacent to the street. The Comprehensive Plan recommends commercial mixed-use non-residential for LBJ Freeway fronting parcels and commercial mixed-use residential for remaining parcels. With the exception of the deletion of the residential uses, the proposed rezoning request is consistent with the Comprehensive Plan. The proposed rezoning request is consistent with the Tax Increment Financing Plan which recommends office and hotel development; it does not recommend residential development. The Planning and Zoning Commission unanimously recommends approval of the proposed rezoning request. Mayor Phelps opened the public hearing. Volume 89, page 36 R.L. Lemke, 1800 Valley View Lane, stated he would like the see the Council approve the proposed zoning request. Matthew Alexander, Carter and Burgess, 7950 Elmbrook Parkway, stated he would be available to answer questions. A motion by Mayor Pro Tem Bird, seconded by Councilman Robbs, all voting "aye," closed the public hearing. There being no further discussion a motion by Mayor Pro Tern Bird, seconded by Councilman Moses, all voting "aye," approved the following captioned Ordinance No. 2687 for the proposed rezoning request. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF AN APPROXIMATE 125.7 ACRE TRACT OF LAND LOCATED GENERALLY AT THE SOUTHEAST CORNER OF LBJ FREEWAY AND LUNA ROAD FROM THE CURRENT ZONING DISTRICT CLASSIFICATION OF PD-45, PD-59 AND PD-62 TO PLANNED DEVELOPMENT DISTRICT NUMBER 85 (PD- 85) INCLUDING ESTABLISHING USES AND DEVELOPMENT STANDARDS; AMENDING, RESTATING AND REPLACING IN ITS ENTIRETY ORDINANCE 1445, ORDINANCE 1608, ORDINANCE 1650 AND ORDINANCE 2184 PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND ($2000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. C.5 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2686 AMENDING ORDINANCE NO. 2532 BY MODIFYING THE CITY WIDE MASTER THOROUGHFARE PLAN TO DELETE MANHATTAN DRIVE; CHANGE CROWN DRIVE AND MATHIS AVENUE FROM FOUR LANES DIVIDED TO FOUR LANES UNDIVIDED; CHANGE LAKE DRIVE FROM FOUR LANES UNDIVIDED TO FOUR LANES DIVIDED; AND CHANGE THE ALIGNMENTS OF LAKE DRIVE AND MATHIS AVENUE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The rezoning of approximately 100 acres on the west side of Farmers Branch is the subject of another item on this City Council agenda. The area proposed for rezoning is a tract south of IH635, east of Luna Road, north of Crown Drive and west of the Burlington Northern Railroad. The proposed rezoning warrants the reevaluation of the current requirements of the City-wide Master Thoroughfare Plan in the area Volume 89, page 37 being rezoned. The proposed rezoning significantly lowers the limits on the density of office development and eliminates potential residential uses on the tract. After considering the proposed rezoning, drainage requirements, and the existing and proposed configuration of streets, the following changes to the thoroughfare plan are proposed: ❑ delete Manhattan Drive, ❑ change Lake Drive from four lanes undivided to four lanes divided, ❑ change Crown Drive and Mathis Avenue from four lanes divided to four lanes undivided, ❑ change the alignments of Lake Drive and Mathis Avenue. The proposed thoroughfare plan changes provide for current and future access needs and roadway capacity, and lower total infrastructure costs while providing space for improved drainage. City staff recommends adoption of Ordinance No. 2686 approving the requested changes to the City-wide Master Thoroughfare Plan. Mayor Phelps opened the public hearing. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," closed the public hearing. There being no discussion a motion by Councilwoman Davis, seconded by Deputy Mayor Pro Tem Walden, all voting "aye," approved the following captioned Ordinance No. 2686 for requested changes to the City-wide Master Thoroughfare Plan. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY-WIDE MASTER THOROUGHFARE PLAN ORDINANCE NO. 2532, TO DELETE MAHATTAN DRIVE, CHANGE CROWN DRIVE AND MATHIS AVENUE FROM FOUR LANES DIVIDED TO FOUR LANES UNDIVIDED; CHANGE LAKE DRIVE FROM FOUR LANES UNDIVIDED TO FOUR LANES DIVIDED; CHANGE THE ALIGNMENTS OF LAKE DRIVE AND MATHIS AVENUE; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECT DATE. D.1 CONSIDER ADOPTING RESOLUTION NO. 2002-101 APPROVING DEVELOPMENT AGREEMENT NO.2 WITH AMERICAN REALTY TRUST, INC. AND INCOME OPPORTUNITY REALTY INVESTORS, INC. FOR THE CONSTRUCTION OF WESTSIDE PARKWAY FROM VALLEY VIEW LANE TO 300 FEET EAST OF LUNA ROAD AND TAKE APPROPRIATE ACTION. Volume 89, page 38 Mayor Phelps presented the following information. On December 21, 1998, Tax Increment Financing District No. 1, known as TIF No. 1, was approved by the City Council to fund public street, sidewalk, drainage, water, sanitary sewer, and enhancement improvements on the west side of the City. TIF No. 1 was created to provide a financing tool for the public improvements to encourage and facilitate new development. Six taxing entities are participating in the TIF. Each participating taxing entity is invoiced on an annual basis for a percentage of the incremental increase in taxes generated from new development. The TIF fund is then utilized to finance projects within the approved project plan. The construction of a new street named Westside Parkway from Valley View Lane to 300 feet east of Luna Road is the second improvement proposed within TIF No. 1. The first improvement was the construction of Lakeway Boulevard. Currently funds available within TIF No. 1 are not sufficient to fund the Westside Parkway improvements. When TIF No. 1 was created, it was contemplated that the developers would fund the initial improvements and that the developers would be reimbursed when there were sufficient TIF No. 1 funds available. The intent to reimburse developers was expressed in Resolution No. 2000-081, approved by the City Council on May 15, 2000. American Realty Trust, Inc. and Income Opportunity Realty Investors, Inc. are the collective developer of the property adjacent to the proposed Westside Parkway. The developer has proposed to advance the City funds for the Westside Parkway improvements. A development agreement has been negotiated with the developer that provides for the City to design and construct the improvements with the developer advancing the funds. The agreement provides for the developer to be reimbursed and the conditions required for reimbursement. The major conditions are that reimbursement will be made only after sufficient funds are available for reimbursement and other financial obligations are met. The reimbursement will only be for the amount of the funds advanced by the developer and the amount is not to exceed $3,295,000 plus a maximum of 6% interest per year. The amount is based on the estimated cost to design and construct Westside Parkway from Valley View Lane to 300 feet east of Luna Road as determined in the TIF No.1 Project Plan and Financing Plan approved by the City Council on July 21, 1999. With the exception of the maximum amount of reimbursement, the provisions of Development Agreement No. 2 are the same as those contained in Development Agreement No. 1, which was for the construction of Lakeway Boulevard from Luna Road to Senlac Drive. A companion item on this City Council agenda is approval of an engineering services agreement for the design of Westside Parkway from Valley View Lane to 300 feet east of Luna Road. The Economic Development Director and the City Engineer recommend the adoption of Resolution No. 2002-101 approving Development Agreement No. 2 Volume 89, page 39 for the construction of Westside Parkway with American Realty Trust, Inc. and Income Opportunity Realty Investors, Inc. Deputy Mayor Pro Tern Walden asked if this was the same legal arrangement that the City had on the first advancement of funds to construct Lakeway Boulevard with Basic Capital. City Attorney John Boyle replied yes. There being no discussion, a motion by Deputy Mayor Pro Tem. Walden, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2002- 101 approving Development Agreement No. 2 for the construction of Westside Parkway with American Realty Trust, Inc. and Income Opportunity Realty Investors. D.9 CONSIDER ADOPTING RESOLUTION NO. 2002-094 MAINTAINING THE CITY'S INVESTMENT POLICY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Texas Public Funds Investment Act and the City's Investment Policy require an annual review by the City Council of the investment strategies and policies of the City. The City's existing policy has provided excellent guidance to staff and has been used as a model policy for other government entities. Additionally, the Investment Policy has been recognized with a Certification of Excellence Award by the Municipal Treasurers' Association of the United States and Canada. The City of Farmers Branch manages and invests its cash consistent with four objectives. The objectives, listed in priority order, are: Safety, Liquidity, Yield, and Public Trust. The safety of principal invested always remains the primary objective. All investments are designed and managed in a manner responsive to the public trust and in accordance with state and local law. The City's investment portfolio consists primarily of United States Agency and Treasury Notes with an average portfolio maturity of eighteen months and a maximum investment maturity of five years. Staff recommends adopting Resolution No. 2002-094 maintaining the City's investment policy. There being no discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 2002-094 maintaining the City's investment policy. D.2 Heard following Agenda Item C.1. D.3 CONSIDER ADOPTING RESOLUTION NO. 2002-108 NOMINATING STANLEY MECHANICS TOOLS AS AN ENTERPRISE ZONE PROJECT AND TAKE APPROPRIATE ACTION. Volume 89, page 40 Mayor Phelps presented the following information. Stanley Mechanics Tools, Inc. is in the process of consolidating their Wichita Falls plant with the Farmers Branch operation. Management has requested an Enterprise Zone project nomination. The next application deadline at the Texas Department of Economic Development is September 1, 2002; therefore, the company has asked that the City Council consider the Enterprise Zone nomination on this agenda. The company will add $15 to $20 million value in incoming assets and will create 175 to 200 new jobs in Farmers Branch. The Director of Economic Development recommends that the City Council consider nominating Stanley Mechanics Tools as an Enterprise Zone project. There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Deputy Mayor Pro Tem Walden, all voting "aye," adopted Resolution No. 2002- 108 nominating Stanley Mechanics Tools as an enterprise zone project. DA CONSIDER ADOPTING RESOLUTION NO. 2002-112 NOMINATING ADEA GROUP, INC. AS AN ENTERPRISE ZONE PROJECT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Adea Group, Inc. has requested an Enterprise Zone project nomination. Adea Group, a national provider of flexible technical staffing services, is located in Heritage Square at 4835 LBJ Freeway. The next application deadline at the Texas Department of Economic Development is September 1, 2002; therefore, the company has asked that the City Council consider the Enterprise Zone nomination on this agenda. The company is estimating that they will create 475 new jobs at the Farmers Branch location within the next five years and will have a capital expenditure of $3,000,000 during that same time period. Adea also anticipates that they will need to double the size of their leased space in Farmers Branch within three years. The Director of Economic Development recommends that the City Council adopt Resolution No. 2002-112 nominating Adea Group, Inc. as an Enterprise Zone proj ect. There being no discussion, a motion by Councilwoman Davis, seconded by Mayor Pro Tern Bird, all voting "aye," adopted Resolution No. 2002-112 nominating Adea Group, Inc. as an Enterprise Zone project. D.5 CONSIDER THE REQUEST BY GOODSON ENGINEERS ON BEHALF OF THE CITY OF FARMERS BRANCH FOR CONCEPT PLAN AND SITE PLAN APPROVAL OF AN APPROXIMATE 19,840 SQUARE FOOT FIRE STATION INCLUDING ADMINISTRATIVE OFFICES AND TRAINING FACILITIES ON 4.4 ACRES LOCATED AT 13303 AND 13333 HUTTON DRIVE WITHIN Volume 89, page 41 PLANNED DEVELOPMENT DISTRICT NUMBER 77 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant seeks approval of a concept plan and phase one site plan for the proposed Fire Station No. 3 and administrative offices. Improvements to the site include: • 19,840 square foot building to accommodate fire personnel and administrative offices; • Truck maneuvering area for training; • A covered shade area; and • Approximate four-story training tower. Phase one site plan improvements include only the 19,840 square foot building and associated parking areas. Prior to construction of phase two improvements, approval of an amended site plan shall be required. A variance to allow placement of flagpoles and public art on-site accompanied this request to the Planning and Zoning Commission meeting on July 29, 2002. Subsequent to the Planning and Zoning Commission meeting, it was determined the variance was not needed for governmental signage, and the variance has been dropped from the request. The proposed request remains wholly consistent with the recommendation of the Planning and Zoning Commission. The Planning and Zoning Commission unanimously recommends approval of the proposed concept plan and site plan, including the requested variance. There being no discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," approved the proposed concept plan and site plan, including the requested variance. D.6 CONSIDER ADOPTING RESOLUTION NO. 2002-090 AWARDING THE BID FOR THE TOM FIELD SIDEWALK IMPROVEMENTS TO CNJ CONSTRUCTION INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Tom Field Sidewalk Improvements project will complete the sidewalk system on the west side of Tom Field Road from Valley View Lane to Farmers Branch Lane. The sidewalk improvements are a part of the Redevelopment Program in the Branch Crossing Renaissance area. Sufficient funds for the construction of the sidewalk improvements are available in the 2001-2002 Non-Bond Capital Improvement Program budget. Ten bids for this project were received and opened on July 16, 2002, all of which met specifications. The low bid was received from CNJ Construction Inc. in the amount of $35,357.41. The construction time is specified at 90 calendar days. Volume 89, page 42 CNJ Construction Inc. has submitted adequate qualifications and references for similar work. The City Engineer recommends adopting Resolution No. 2002-090 awarding the bid for the Tom Field Sidewalk Improvements to CNJ Construction Inc. in the amount of $ 35,357.41. There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2002-090 awarding the bid for the Tom Field Sidewalk Improvements to CNJ Construction Inc. in the amount of $ 35,357.41. D.7 CONSIDER ADOPTING ORDINANCE NO. 2688 GRANTING A LICENSE TO THE TOWN OF ADDISON TO INSTALL, OPERATE, AND MAINTAIN A SANITARY SEWER MAIN WITHIN THE RIGHTS-OF-WAY OF MARSH LANE AND WITHIN A UTILITY EASEMENT ALONG BROOKHAVEN CLUB DRIVE WITHIN THE CITY LIMITS OF FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Town of Addison is proposing to upgrade an existing sanitary sewer line that is located within the city limits of Addison adjacent to Farmers Branch. The upgrade will include the installation of approximately 1300 linear feet of new parallel sanitary sewer line located north of the Wooded Creek Estates Addition in Farmers Branch. All but fifty-five feet of the new sanitary sewer is proposed to be within Addison. Addison is requesting a license from Farmers Branch so that Addison can connect the new sanitary sewer to the existing sanitary sewer main that Addison has within the Marsh Lane right-of-way within Farmers Branch. The license is for the proposed sanitary sewer to be located within the east right-of-way of Marsh Lane and a portion of a fifteen-foot utility easement at the southeast corner of Brookhaven Club Drive and Marsh Lane. The new sanitary sewer line will be approximately twenty-five feet deep and will be installed by bore except at the connection to the existing sanitary sewer main. The connection will be made by conventional excavation methods. The new sanitary sewer will be bored beneath a corner of the existing screen wall adjacent to Wooded Creek Estates Addition. The bore is sufficiently deep so as not to threaten the structural integrity of the screen wall; however, the insurance requirements of the license are adequate to cover the cost of repair or replacement of the wall if damaged. The two-affected property owners have been informed about the proposed sanitary sewer bore and did not express any objection. Staff recommends adopting Ordinance No. 2688 granting a License to the Town of Addison to install, operate, and maintain a sanitary sewer main within the Volume 89, page 43 rights-of-way of Marsh Lane and within a utility easement along Brookhaven Club Drive within the city limits of Farmers Branch. There being no discussion, a motion by Deputy Mayor Pro Tern Walden, second by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2688. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, GRANTING A LICENSE TO THE TOWN OF ADDISON TO INSTALL, OPERATE, AND MAINTAIN A SANITARY SEWER MAIN WITHIN THE RIGHTS-OF-WAY OF MARSH LANE AND WITHIN A UTILITY EASEMENT ALONG BROOKHAVEN CLUB DRIVE WITHIN THE LIMITS OF THE CITY OF FARMERS BRANCH; PROVIDING FOR THE TERMS AND CONDITIONS OF THIS LICENSE; PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. D.8 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, SENIOR ADVISORY BOARD, COMMUNITY WATCH COMMITTEE AND MUNICIPAL COURT JUDGES AND TAKE APPROPRIATE ACTION. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," reappointed Dot Hinckley, Hugh McWhorter, Katie Roberts, Don Brockman and Jeanne Sawyer (alternate), to the Senior Advisory Board. A motion by Councilman Moses, seconded by Mayor Pro Tem Bird, all voting "aye," appointed Greg Laub to the Community Watch Committee. Mayor Phelps stated the Municipal Court Judges appointment would be brought back at the September 9, 2002 Council meeting. D.9 Heard following Agenda Item D.1. D.10 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Richard Escalante, City Manager, stated on July 26, 2002, he and Tom Bryson attended the Association of Mayors, Councilmembers and Commissioners Conference in El Paso On the topic "Using Technology to Enhance Government Service." On August 12, 2002 he stated he attended the Texas Municipal League Legislative Policy Sub-Committee on Industrialized Housing. He stated they were able to formalize a recommendation to the Policy Committee on the issues of Industrialized Housing. Mr. Escalante reported both trips were one-day trips. Volume 89, page 44 D.I 1 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Councilwoman Davis stated she traveled to Austin this date to attend the Texas Municipal League Legislative Policy Sub-Committee on funding sources for streets and highways. A motion by Deputy Mayor Pro Tern Walden, seconded by Councilman Robbs, all voting "aye," approved travel for the Mayor and City Manager to travel to Minneapolis, Minnesota for Chief Fawcett's inauguration in October 2002, and for Councilwoman Davis to travel to Austin in September 2002. 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 3:30 P.M. AND THEN CONCLUDED AT 3:55 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 and property at 2425 Valley View Lane and take appropriate action. Mayor Phelps explained staff would be present to discuss this item with the City Council. E.2 Discuss Economic Development - Texas Government Code Section 551.086. Discuss The Container Store and take appropriate action. Mayor Phelps explained staff would be present to discuss this item with the City Council. F.1 Consider necessary action on items discussed in the Executive Session. Mayor Phelps stated City staff presented an update to the City Council on land acquisition and economic development. No action is necessary. F.2 Adjournment. Volume 89, page 45 1 A motion by Deputy Mayor Pro Tem Walden, a second by Councilman Robbs, all voting "aye", adjourned the City Council meeting of August 19, 2002 at 9:08 p.m. 26L"3-~ Mayor City Secretary Volume 89, page 46