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.
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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
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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