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2001-02-19 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, February 19, 2001 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Bob Phelps Bill Moses Jim Robbs Calla Davis Charlie Bird Paul Walden The following members of the City Administration were present: City Manager Assistant City Manager Assistant to City Manager City Attorney City Secretary Director of Economic Development Director of Community Services City Engineer Assistant Director of Parks & Recreation Director of Equipment Services Library Director Police Chief Fire Chief Director of Public Works Recording Secretary Richard L. Escalante John Burke John Roach John Boyle Cindee Peters Norma Nichols Michael Spicer Jerry Murawski Jeff Harting Don Moore Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux Suzanne Reynolds Mayor Phelps called the City Council meeting of February 19, 2001 to order at 7:30 P.M. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Bird gave the invocation and Councilman Robbs led the pledge of allegiance to the flag. Volume 85, page 89 A.2 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 10-year employee service award to Mark Villalobos of the Community Services Department. Mayor Phelps presented a 15-year employee service award to Steve Murphy of the Fire Department. A.3 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.4 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. Mr. Escalante announced that Student Government Day with W.T. White High School would held at the April 2, 2001, City Council meeting. B. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION: B.1 - B.5. A motion by Mayor Pro Tem Moses, seconded by Councilwoman Davis, all voting "aye," approved B.2 to be put on the regular agenda. A motion by Mayor Pro Tem Moses, seconded by Councilman Robbs, all voting "aye," approved the Consent Agenda as amended. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF FEBRUARY 5, 2001. B.2 ADOPTED RESOLUTION NO. 2001-017 AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT WITH RTKL ASSOCIATES, INC. FOR ARCHITECTURAL AND DESIGN SERVICES RELATED TO THE CONFERENCE CENTER Moved to Regular Council meeting. B.3 APPROVED AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIABILITY FORM WITH FORD VILLA OPERATING ASSOCIATES, L.P.BGK TEXAS MANAGEMENT, INC. FOR USE OF ITS PARKING FACILITIES FOR SPECIAL EVENTS HELD DURING THE 2001 CALENDAR YEAR. Volume 85, page 90 BA CONSIDER ADOPTED RESOLUTION 2001-019 AUTHORIZING THE CITY MANAGER TO PURCHASE THREE REPLACEMENT WATER PUMPS FROM OSLIN NATIONAL COMPANY FOR THE MARSH LANE PUMP STATION. B.S. APPROVED THE REQUEST OF VALWOOD SERVICE CENTER I, LTD. FOR AN AMENDED SITE PLAN FOR AN APPROXIMATE 83,700 SQUARE FOOT OFFICE/WAREHOUSE BUILDING FOR A 5.29 ACRE SITE LOCATED AT 13859 DIPLOMAT DRIVE ON THE SOUTHWEST CORNER OF DIPLOMAT COURT AND DIPLOMAT DRIVE AND WITHIN THE PLANNED DEVELOPMENT NO. 22 ZONING DISTRICT. B.2 CONSIDER ADOPTING RESOLUTION NO. 2001-017 AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT WITH RTKL ASSOCIATES, INC. FOR ARCHITECTURAL AND DESIGN SERVICES RELATED TO THE CONFERENCE CENTER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. RTKL Associates Incorporated has been retained for architectural services for the remodeling of the Conference Center. As part of the new business plan that is being prepared for the Conference Center, Staff has requested that RTKL provide additional services under the "General Additional Services" section of the Contract. RTKL will be preparing plans for the remodel of the outside of the Conference Center, the lobby and the addition of a 10,000 square foot exhibition space. Under the general additional services, the City can request services outside the original scope of the contract at an hourly rate. These new remodeling plans along with a detailed business plan will be presented to Council at the March 19th meeting. The cost for this project will be not to exceed $8,000, excluding reimbursable expenses. Funding for this is available in the hotel/motel bond fund, capital improvement program for the Conference Center. Staff recommends adopting Resolution No. 2001-017 authorizing the City Manager to execute a letter of agreement with RTKL associates, Inc. for architectural and design services related to the Conference Center and take appropriate action Kathleen Matsumura, 3938 Clubway Lane, asked for clarification on what exactly the Conference Center was going to be used for. Volume 85, page 91 Mayor Phelps stated that during a previous Council Study Session discussion, sale of the property was discussed as an option, but not a serious option. Mr. Escalante stated that in that discussion, staff reviewed with Council options for the property that included one extreme of selling the property, to another extreme of making improvements immediately. Mr. Escalante stated this was done so that all the options could be looked at. Council asked staff to come back with a business plan. He stated ultimate development of the Conference Center site might be appropriate when the rail system and other development is near. He stated staff is putting together a business plan at this time and will bring it back to Council in April. Mr. Escalante stated one of the things Council discussed was the appearance of the building. It should not wait for four years; it needs to take place now. In the review, the City will work with the architect to come up with a design to improve the appearance of the existing building. He also stated it would facilitate some practical solutions to problems with water leaks and lobby configuration that need to be corrected. Mr. Escalante stated in addition, the City needs to decide where the 10,000 square foot exhibition area should be, on the north or south side of the building. Mr. Escalante stated placement of this addition would be important in relationship to the DART Rail facility. The business plan will help the Council determine if this project will be done in phases or all at once. This plan will also help the Council and public decided the magnitude of the cost and the short-term uses of the facility. Ms. Matsumura asked about the rental price of the Conference Center, and if the City can get between $2,500 - $3,000 for rental. Mr. Escalante replied the study has not been completed, but the City has received calls from groups wanting to look at the facility for that price. Ms. Matsumura asked if it would include the cost of food and audio/video equipment that would be contracted out. Mr. Escalante replied the City is looking at a number of options and will bring them before Council in April. Ms. Matsumura asked who would be managing the facility. Mr. Escalante replied it would also be included in the study and brought before Council in April. He also stated the City will look at long-term and interim basis management. Volume 85, page 92 Mayor Pro Tem Moses stated he is very proud of the building and thinks the City made a wise decision. He feels it is a very attractive facility and could be a quality Conference Center. John Wells, 13521 Heartside Place, stated all the citizens with whom he has discussed the Word of Faith property have been opposed to the proposed Conference Center and hotel. He suggested that this item be put on the agenda for the upcoming Community Meetings so Council can receive the true will of the people of Farmers Branch. Mr. Wells concluded by stating about a week before the property was purchased he asked a Councilmember about the property and they did not give him a definite answer. Mayor Phelps stated that the Word of Faith was a church purchased for the City to be used as a Conference Center. He stated he has not heard one citizen state that they were against the facility. Councilman Bird stated purchasing the property was a great prize. He stated the City could control the area and eliminate any undesirable businesses at that location. He stated if part of the property were sold it would be to the City's advantage to have something beautiful and respectful at the entry to the City. Councilman Bird stated many individuals have called about the rental of the property and he stated in a certain period of time, the money taken in will off set any expenses. Councilman Bird also stated that Council was elected to make decisions for the citizens of Farmers Branch and what is best for the City. Councilman Bird stated he has spoken to many residents that are in favor of this project and he feels this will truly be a plus for Farmers Branch. Councilman Bird stated in reference to Mr. Wells remark about the purchase of the property, this was handled during Executive Session and Council is not permitted to comment. Councilman Robbs stated the City hired a consultant to give the City a marketing plan. Councilman Robbs recommended to Mr. Wells that he read the marketing plan before he criticizes what is happening to the Conference Center. He stated that decisions are not made on the spur of the moment and the Conference Center will be an asset to Farmers Branch. Councilman Walden stated he supports the purchase of the Conference Center. He stated the entry to Farmers Branch will be changing when DART arrives. He stated he feels this was a prudent move for the City. He asked Mr. Wells to be more patient and when the fagade is remodeled it will look like a Conference Center not a church. Mr. Wells referenced a past meeting where Councilman Walden stated the City was four or five years ahead of itself. Volume 85, page 93 Councilman Walden replied that was correct, perhaps the City is ahead of the power curve. He stated in the long term the Conference Center will be something that the City will be proud of. Mr. Wells stated residents want a residential City and he feels that the Council is looking for more businesses to encroach on the residential area. Mr. Wells stated the City does an excellent job with all their services but he is still concerned about the businesses. Mayor Phelps stated the City is not planning on changing the residential areas. Mr. Escalante stated this is part of a plan that staff will bring back to Council to be evaluated for the short term, how the facility can best operate, and whether this is a wise decision to make. He stated if it is not a wise short-term decision, Council would have to decide what to do in the interim between now and when the City does get rail in three or four years. He stated this business plan will get the information that the Council and public need to make some decisions for the short-term future of the area. He stated in the coming months there would be discussion on Old Farmers Branch and this property will be included in that discussion. Councilwoman Davis stated there were no funds taken away from any programs or services that the City has. The Conference Center was purchased with Hotel/Motel funds. Mr. Wells asked if funds would be taken away from other City facilities. Mayor Phelps stated Hotel/Motel taxes could only be used to promote tourism. Mr. Wells stated Hotel/Motel Tax funds are used in other parts of the City. Councilwoman Davis replied the only place the funds are used is for cultural activities and the Historical Park. Councilwoman Davis stated the property at the corner was vital and Council made a decision to purchase it. She stated that Council will be ahead of the curve and not behind it playing catch-up. Nick Korba, 3210 Shahan, stated the vast majority of citizens in Farmers Branch do not really care what is going on in the City, just as long as their trash is picked up. He stated he feels this is one of the wisest decisions the City has made purchasing this property. Councilman Robbs explained that the Council is very involved in the project and reviewed the advantages of having a Convention Center with hotel room nights and the lease of the facility. Volume 85, page 94 There being no further discussion, a motion by Mayor Pro Tern Moses, seconded by Councilman Bird, all voting "aye," approved Resolution No. 2001-017 authorizing the City Manager to execute a letter of agreement with RTKL associates, Inc. for architectural and design services related to the Conference Center and take appropriate action C.1 PRESENTATION BY DAVID MERRITT OF THE 2000 ANNUAL PLANNING AND ZONING REPORT. Mayor Phelps presented the following information. The Planning and Zoning Commission held its first annual retreat on January 18, 2001. At the retreat, the Planning staff presented the Annual Report for 2000. This item has been placed on the City Council agenda at the request of Chairman David Merritt. Chairman Merritt will be present to discuss the Planning and Zoning Commission's 2000 annual report with the Council. David Merritt, 2924 Amber Lane, Chairman of the Planning and Zoning Commission, recognized the following members of the Commission: Mark Saiter, Vice Chairman, Kirk Connally, Nancy Hardie, Joe Patterson, Stan Armstrong, Ruben Rendon, David Stack and John Herndon. He also recognized staff members: Michael Spicer, Director of Community Services, Kaizer Rangwala, Director of Planning, Stacy Henderson, Officer Manager, Tina Pflughoeft, Senior Planner, Jim Sellards, Planning Analyst, and Becky Baggett, Associate Planner. Mr. Merritt reviewed the 2000 Annual Planning and Zoning Report and commented on the types of development that are currently being constructed in Farmers Branch and future projects in Farmers Branch. Mr. Merritt stated there is a copy of the 2000 Annual Planning and Zoning report at the Manske Library and will also be on the internet in approximately 10 days. DA CONSIDER ADOPTING RESOLUTION NO. 2001-006 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH LBL ARCHITECTS FOR DESIGN AND CONTRACT ADMINISTRATION FOR THE NEW FARMERS BRANCH RECREATION CENTER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On January 22, 2001 City Council adopted the master plan for the new Farmers Branch Recreation Center as created by LBL Architects and recommended by the Parks and Recreation Board and staff. The master plan calls for a two-story recreation center of approximately 53,400 square feet located northeast of the existing recreation center. The master plan program includes two gymnasiums, a recreational Volume 85, page 95 gymnastics room or "tumbling room", three community rooms, a dance/exercise room, a cardio/weight room, an indoor track, a teen room, and a computer room. LBL Architects performed well during the master plan phase and is currently working with the Carrollton-Farmers Branch School District to coordinate master planning of the sites for the new Montgomery school facility and the new Recreation Center. LBL Architects has experience in designing recreation centers and working with cities. The estimated project cost for the new Recreation Center is $8,000,000 plus $538,600 for furnishings and equipment for an estimated total project cost of $8,538,600. Staff is anticipating contracting with a construction manager on this project. Staff has negotiated with LBL Architects to provide design and contract administration services for an amount not to exceed $524,480. The Director of the Parks and Recreation Department recommends adopting Resolution No. 2001-006 authorizing the City Manager to enter into an agreement with LBL Architects for design and contract administration for the new Farmers Branch Recreation Center in an amount not to exceed $524,480. Jim Culberson, 3036 Mark Twain, stated he was a representative of the Farmers Branch Girls Gymnastics Team and is requesting no architectural drawings be started for the new recreation center until he presents his facts to the City Council on March 5, 2001. He also stated he would like to discuss with the Council some misinformation they may have received. Mr. Culberson also stated the church that the City purchased was an excellent idea. Sylvia Culberson, 3036 Mark Twain, asked the Council to give the girls gymnastics team a chance. Councilman Bird asked Mr. Escalante if this item is passed tonight would it affect anything for future discussion. Mr. Escalante stated if the scope of the project is changed in excess of one-half million dollars, it would require a couple of things: 1) additional master planning and (2) renegotiation of this contract. Mr. Escalante asked Jeff Harting if the Council approves this item and then amends it at a later date, would it cause any complication. Jeff Harting, Assistant Director of Parks and Recreation, stated the Parks and Recreation staff is recommending that they go forward with this agreement. He stated the competitive gym can be added at a later time with no significant increase to the architectural contract. Volume 85, page 96 Mr. Harting stated if the contract and site plan are altered, he does not know if it could be done by the March 5, 2001 meeting. He stated again he would like to see the project go forward and a change order could be done in the future. Councilman Bird asked if this is passed tonight could Council change the contract. Mr. Harting replied yes, the project will not be far enough along that changes could not be made. Mayor Phelps stated the school district is on a tight schedule and the City is trying to work with them. Mayor Phelps suggested staff get with the Culbersons to find out what misinformation they were concerned about. Mr. Escalante stated there is administrative work to be done and the architect will do very little work in the next two weeks. Mr. Escalante stated that if they plan to add this facility there will be a delay. The City could be looking at an additional one-half million dollars. The cost for the addition will not change whether the resolution is passed or not. There was a lengthy discussion concerning what Mr. Culberson referenced as misinformation, which included the number of Farmers Branch residents enrolled in the gymnastics program. Mr. Escalante reviewed the process that the Parks Department used to determine what type of facility would be needed and received many recommendations from various groups. He stated the facility needs to be built to accommodate the needs of the citizens and also needs to be multi-purpose where several functions can be going on at the same time. Mr. Escalante stated the facility is there to serve the needs of Farmers Branch citizens. There is room for the recreational gymnastics but a competitive gym would cost one-half million dollars more. Mr. Escalante stated the Parks staff and the Park Board had to set priorities on the building, but approving this contract tonight would still allow the Council to look at it again in two weeks. Mayor Pro Tem Moses stated he wants to continue the pay-as-you-go program on this project and remain debt free. John Wells, 13521 Heartside Place, asked if the new school would allow the City to use their gym for some programs. Volume 85, page 97 Mayor Phelps stated he feels the district does not have a facility that would fit this need but the City will look into it. There being no further discussion, a motion by Councilman Bird, seconded by Councilwoman Davis, all voting "aye," adopted Resolution No. 2001-006 authorizing the City Manager to enter into an agreement with LBL Architects for design and contract administration for the new Farmers Branch Recreation Center in an amount not to exceed $524,480. D.2 CONSIDER ADOPTING RESOLUTION NO. 2001-014 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SIRSI CORPORATION TO PURCHASE AN UPGRADED LIBRARY AUTOMATION SYSTEM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Farmers Branch Manske Library has operated a text-based automated library system, Gaylord Galaxy, since 1995. Since the system was installed, systems that are Web-based and easier for the library user to operate have become available. Other features such as the capability to access the Library's electronic databases from home and Spanish language interfaces are also now available. Proposals were opened November 30, 2000. Five vendors responded to the Request for Proposal. Data Research Associates, Inc. submitted a "no bid" proposal. Gaylord Information System's product that was submitted for consideration was still in development and therefore was not qualified for consideration. Epixtech, Innovative Interfaces, Inc. and SIRSI Corp. submitted the remaining proposals. The base cost of each system is as follows: SIRSI Corp. $75,736; Epixtech $96,814; and Innovative Interfaces, Inc. $112,381. Proposals for the following services were also requested: Spanish language interface, telephone renewal of materials, acquisitions and remote patron access to the Library's electronic databases. The cost of each vendor's services is as follows: Epixtech $30,161 (does not offer Spanish language interface); Innovative Interfaces, Inc. $49,000; SIRSI Corp. $34,950. The cost of migrating the bibliographic data from the present Gaylord system to another vendor's is $9,000. Vendors were evaluated using a point system to judge cost and product attributes. SIRSI Corp. received the highest point score of 84 out of 100. The public catalog that is included in the SIRSI Corp. proposal will be easy for library users to operate. It is icon-driven and has a look that is very similar to Amazon.com. Moreover, patrons will know on the first screen of the catalog if the item that they are looking for is owned by the Library and, if so, whether or not it is on the shelf. The data migration and implementation of the SIRSI system Volume 85, page 98 will be completed by July and it will not be necessary to close the Library at any time in order to install the new system. Funds in the amount of $113,300 are budgeted in the 2000-2001 Fixed Asset Fund for this system. Under State law for high technology purchases, negotiations are permitted. Staff negotiated with SIRSI Corp. to reduce the proposal to the amount of $102,771, which includes the base costs along with the Spanish language interface, telephone renewal of materials, acquisitions and remote patron access to the Library's electronic databases. The remaining $9,000 budgeted is proposed to be used for data conversion for the current system. Staff recommends adopting Resolution No. 2001-014 authorizing the City Manager to execute a contract with SIRSI Corp. to purchase an upgraded library automation system in the estimated amount of $102,771. Staff also recommends authorizing payment not to exceed $9,000 to Gaylord Information System for data transfer to SIRSI Corp. C There being no discussion, a motion by Councilman Walden, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 2001-014 authorizing the City Manager to execute a contract with SIRSI Corp. to purchase an upgraded library automation system in the estimated amount of $102,771. Staff also recommends authorizing payment not to exceed $9,000 to Gaylord Information System for data transfer to SIRSI Corp. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. DA CITIZEN PARTICIPATION. Kathleen Matsumura, 3938 Clubway, stated she would like a point of clarification. She stated when the B.2 Consent Item was placed on the regular agenda; she did not mean to imply that she was against the project. She stated she was putting it before the citizens because she believes it is an important issue. She also questioned if the design should be approved before the business plan. She did state she is thrilled there is going to be a business plan and looks forward to seeing it. Mayor Phelps commented to Ms. Matsumura that her speaker's card reflected that she was against this project. I Ms. Matsumura stated she did not mean to indicate she was against this project. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. WORK SESSION. Volume 85, page 99 MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:59 P.M. AND CONCLUDED AT 7:12 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.la Discuss Economic Development -Texas Government Code Section 551.086. 1. The City Council and City Administration shall go into Executive Session to discuss and deliberate commercial and financial information received from business prospect the City seeks to have locate and expand in the City; with which business the City is conducting economic development negotiations and take appropriate action. Mayor Phelps explained staff was present to discuss this item with the City Council. E.2A DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. 1. Review with city attorney Walker vs. City of Dallas et al Consideration of Dallas Housing Authority Agreement, and take appropriate action. Mayor Phelps explained 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 stated City Council was updated on items in Executive Session and no action was necessary. City Attorney John Boyle stated a letter would be sent concerning the Walker case. F.2 ADJOURNMENT. A motion by Councilwoman Davis, a second by Councilman Bird, all voting "ay djourned the City Council meeting of February 19, 2001 at 9:10 p.m. Mayor i City Secretary Volume 85, page 100