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1997-01-20 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JANUARY 20, 1997 COUNCIL CHAMBERS CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Bob Phelps Bill Moses Calla Davis Ron Pyle Charlie Bird Berry Grubbs The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Communication Director Economic Development Director Director of Community Services Director of Planning City Engineer Director of Finance Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works Assistant to the City Manager Traffic Engineer Director of Equipment Services Recording Secretary Richard L. Escalante Linda Tidwell-Groomer John F. Burke John Boyle Cindee Peters Donna Huerta Norma Nichols Tom Scales Michael Spicer Jerry Murawski Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux Margaret Somereve Dave Davis Don Moore Suzanne Reynolds Mayor Phelps called the City Council Meeting of January 20, 1997 to order at 7:30 P.M. The meeting was televised. Volume 73, page 92 A.1 INVOCATION. Mayor Pro Tern Moses gave the invocation and Councilman Bird led the pledge of allegiance to the flag. A.2 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a five year employee service award to Gayla Bush of the Farmers Branch Manske Library. A.3 PRESENTATION OF BOARD APPLICATIONS. No one came forward. A.4 REPORT ON STUDY SESSION ITEMS. Mayor Phelps gave a brief summary of the items discussed in the Study Session held prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.2. 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 agenda and place the item before the Council for full discussion. The concept for the consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tern Moses, a second by Councilman Pyle, all voting "aye", approved the following items on the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JANUARY 6, 1997. B.2 ADOPTED RESOLUTION NO. 97-011 APPROVING SUPPLEMENTAL AGREEMENT NO. 1 TO THE CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status and happenings of various projects in the City. Volume 73, page 93 D.1 CONSIDER RESOLUTION NO. 97-002 TO ADOPT THE COMPREHENSIVE ANNUAL FINANCIAL REPORT AND REPORT TO MANAGEMENT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1996, AS SUBMITTED BY ARTHUR ANDERSEN, L.L.P. AND TAKE THE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City Charter requires an annual audit by an independent Certified Public Accountant. The audit for the year ended September 30, 1996 has been completed and the Comprehensive Annual Financial Report and Report to Management have been submitted to City Council. City staff recommends adopting Resolution No. 97-002. Mr. Charles Cox, Director of Finance stated the audit for 1995-96 fiscal year ending September 30, 1996 has been completed and a representative of Arthur Andersen is here to address the City Council. Mr. Calvin Webb of Arthur Andersen, 901 Main Street, Dallas, gave an overview of the three reports the City and Arthur Andersen are issuing. Mr. Webb went on to explain the opinion on the Comprehensive Annual Financial Report is a clean opinion. Mr. Webb explained these financial statements are depicting the financial conditions of the city year ending September 30, 1996. Mr. Webb explained the Single Audit Report, a new report dealing with the Federal Grant Programs. Mr. Webb stated there were six opinions and all opinions were clean. Mr. Webb also stated there were no material weaknesses and control of administration of the grant programs. Mr. Webb commented on the Comprehensive Annual Financial Report the City continues to submit to the Governmental Finance Officers Association for the Certificate of Financial Excellence in reporting the award program. Mr. Webb stated the City has received this award for the 7th consecutive year. Mr. Webb stated the final report submitted to the City Council is the management letter. Mr. Webb stated Arthur Andersen gives ideas to their clients so there will be ongoing and continuous improvements. Mr. Webb stated Arthur Andersen received outstanding cooperation from the management team and staff of the City of Farmers Branch. Mr. Webb also stated he would be available to answer any questions the Council may have. Volume 73, page 94 A motion by Councilwoman Davis, a second by Mayor Pro Tern Moses, all voting "aye", adopted Resolution No. 97-002 approving the Comprehensive Annual Financial Report and Report to Management for the fiscal year ending September 30, 1996, as submitted by Arthur Andersen, L.L.P. Mayor Phelps stated Arthur Andersen, Mr. Escalante, Mr. Cox and city staff should all be complimented for duing such a good job on this project. D.2 CONSIDER ADOPTING RESOLUTION NO. 97-001 APPROVING STREETS FOR INCLUSION IN THE STREET RESURFACING PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. An important element of the City's commitment to maintain its streets, is the Street Resurfacing Program. The following streets have been recommended for asphalt resurfacing this year. Albemarle Dr .............Bee St. to Rugby Ln. Dex Dr. / Olin Rd........ Nall Rd. to Olin Rd. Golfing Green Dr......... Tom Field Rd. to Josey Ln. Heritage Cir .............Josey Ln. to Cookscreek PI. Hollandale Ln............ Josey Ln. to Shoredale Ln. Janwood Ln ...............Rawhide Pkwy. to Josey Ln. Rawhide Pkwy .............Tom Field Rd. to Josey Ln. Rollingdale Ln........... Josey Ln. to Shoredale Ln. Simonton Rd ..............Welch Rd. to Inwood Rd. Starcrest Ln .............Forestdale Ln. to Shoredale Ln. Valley View Ln........... IH-35E to Webb Chapel Rd. The following streets have been recommended for asphalt resurfacing in FY 1997-98: Ablon Dr Hollandale Ln. to Fyke Rd. Amber Ln ..Heartside PI. to Ivanwood Dr. Charcoal Ln............ Josey Ln. to CueDeSac Enterprise Dr........ Oakbrook Pkwy. to Belt Line Rd. Forestdale Ln....... Rollingdale Ln. to Fyke Rd. Gardenbrook Dr... Webb Chapel Rd. to Marsh Ln. Hague Rd ..Hollandale Ln. to Fyke Rd. Heartside PI......... Rawhide Pkwy. to Josey Ln. Hollandale Ln....... Dennis Ln. to Fyke Rd. Langland Rd............ Gillis Rd. to Inwood Rd. Lillard Ln .............Amber Ln. to Rawhide Pkwy. McEwen Rd ..............Welch Rd. to FB Office Pk. Volume 73, page 95 Pyramid Dr .............Rawhide Pkwy. to Josey Ln. Shoredale Ln........... Hollandale Ln. to Hollandale Ln. Southern Pines Dr...... Brookhaven Club to Webb Chapel Sunrose Ln .............Hollandale Ln. to Fyke Rd. Towerwood Dr........... Webb Chapel Rd. to Enterprise Venture Dr .............Gardenbrook Dr. to Belt Line Rd. Welch Rd ...............Spring Valley Rd. to Langland Rd If approved by Council, notices will be sent to property owners abutting the streets to be resurfaced, and a Public Notice will be prepared for publication in the local newspaper. The notification will inform residents of the petition process required to request a public hearing to discuss the procedures to be followed to have their street reconstructed with portland cement concrete in lieu of asphalt resurfacing, and the procedures for overlay deferral of two years. The Non-Bond Capital Improvement Program has $643,000 budgeted in the 1996-97 Resurfacing Program and $741,000 in the 1997-98 Resurfacing Program. The City Engineer recommends adopting Resolution No. 97-001 approving the list of streets for resurfacing and initiating the notification of property owners. A motion by Councilman Grubbs, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 97-001 approving the above list of streets for resurfacing and initiating the notification of property owners. D.3 CONSIDER ADOPTING RESOLUTION NO. 97-009 AUTHORIZING THE PURCHASE OF A FIRE ENGINE ON THE HOUSTON-GALVESTON AREA COUNCIL OF GOVERNMENTS CONTRACT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 1996-97 Fixed Asset Fund for equipment replacement includes $475,000.00 to purchase a new fire engine for the Fire Department. The Houston-Galveston Area Council of Governments has accepted bids for a fire engine with an aerial master stream manufactured by the Pierce Manufacturing Company, that satisfies the specifications of the Farmers Branch Fire Department. The Houston- Galveston Area Council of Governments purchasing program complies with State purchasing laws and was used by the City last year to purchase a new ambulance. The City has an Interlocal Agreement with Houston-Galveston Area Council of Governments that can be used to purchase the fire engine. The total purchase price to be paid to Houston-Galveston Area Council of Volume 73, page 96 Governments is $455,983.00 for the fire engine. This price also includes an administrative fee of $4,504.00. The purchase price using the Houston-Galveston Area Council of Governments contract is estimated to be $10,000.00 to $20,000.00 less than would be anticipated, if the regular bid process was used. Normal delivery time for a fire engine would be twelve months. However, through Houston- Galveston Area Council of Governments the delivery time of the fire engine can be reduced to eight months. The Fire Chief recommends adopting Resolution No. 97-009 authorizing the purchase of a fire engine on the Houston-Galveston Area Council of Governments Contract in the amount of $455,983.00. Fire Chief Kyle King stated the fire engine is an aerial master stream manufactured by Pierce Manufacturing Company. Chief King stated the City has purchased fire engine from Pierce Manufacturing before and has found it to be a very effective fire engine. Chief King stated the fire engine will have enclosed cap, 65 foot hydralic ladder with a 1000 gallon per minute aerial master stream so it can be used as a fire truck. Chief King stated it would also be used as a fire pumper and will also be capable of accommodating the paramedic/amublance service. Councilman Bird asked what fire station this fire engine is going to. Chief King replied it will be assigned to Fire Station No. 1. Mayor Pro Tern Moses asked what fire engine this will be replacing. Chief King replied it will be replacing a 1982 fire engine at Fire Station No. 1. Mayor Pro Tern Moses asked what will happen to equipment on the old fire engine and will it stay with the old fire engine. Chief King replied some of the equipment will be retained and used on the new fire engine, some equipment will be transferred, and some of the equipment is outdated and will be sold at auction with the fire truck. Mayor Pro Tern Moses asked if the fire engine will be pick up or delivered. Chief King replied it would be delivered. A motion by Councilman Bird, seconded by Councilwoman Davis, all voting Volume 73, page 97 "aye", adopted Resolution No. 97-009 authorizing the purchase of a fire engine on the Houston-Galveston Area Council of Governments Contract in the amount of $455,983.00. D.4 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no travel requests. D.5 CITIZEN PARTICIPATION. Mr. Nick Korba, 13210 Shahan, Farmers Branch, Texas 75234, stated he would like to discuss a problem with the building code. Mr. Korba stated that a particular parcel of land is valued at $159,000, and the building is valued at $70,000 for a total of $229,000. Mr. Korba stated there have been improvements to the property but because of the building code they are not required to put in a paved driveway. Mr. Korba said the building code states that when improvements exceed 50% of the appraised value, the property must meet all requirements, but it does not detail what the appraised value is. Mr. Korba went on to explain when an individual adds on a room to their home they are told they have to meet all building codes. Mr. Korba stated he feels this is not right. Mr. Korba stated this is in conjunction with City Inspectors making people replace their cracked driveways. Mr. Korba commented there are muddy roads in Farmers Branch and people can put in $100,000 of home improvements and still do not have to put in a driveway. Mr. Korba stated his example is located on Chaparral. Mr. Korba stated the building code should be amended. Mayor Phelps replied the appraised value is prepared by the appraisal district, and they appraise both the property and the structure. City Manager, Mr. Escalante, stated there are requirements, and Mr. Scales is here to answer questions. Mr. Tom Scales, Director of Community Services, stated he spoke with Mr. Korba at the last Council Meeting about the Chaparral property, and the property in question is located at 3321 Chaparral. It is appraised for $229,000, and the improvement was valued at $40,000. Mr. Scales Volume 73, page 98 explained the ordinance that covers driveways states that when work on the property exceeds 50 percent of the appraised value of the property, then a paved driveway is required. Mr. Scales explained the room addition value did not exceed the requirements, so they were not required to install a paved driveway. Mr. Scales stated several years ago, prior to adopting the driveway ordinance, establishing a minimum value was discussed. Mr. Scales commented that at that time the City decided to go with the 50% of appraisal value rule. Mr. Scales concluded if the Council would like, the ordinance could be reviewed again and brought back to Council. Mayor Phelps asked Mr. Korba if that answered his question. Mr. Korba replied only partially. Mr. Korba continued, stating the City is asking these people to replace their driveways and not making any structural measurements on that driveway. Mr. Korba stated he feels the City should have a moratorium on the driveway replacement. Mayor Phelps asked Mr. Scales if the City has criteria for replacing driveways or repairing cracks. Mr. Scales stated there are no specific criteria for replacing driveways such as the criteria for replacing sidewalks. Mayor Phelps asked how does the City decide. Mr. Scales stated if the driveway is deteriorated to the point that cracks and separation are visible, grass is growing up through the cracks, and the driveway is flaked off, the City does ask the homeowners to make repairs. Mr. Scales stated the City does not direct the homeowner to replace the driveway, they have the option to repair or replace the driveway. Mr. Scales stated inspectors have gone through the City in the last few years to inspect driveways and at this time he feels there may be a few that need to be replaced but he also feels the ordinance has done its job. Mr. Korba stated there is grass growing in the streets on Shahan Drive. Mr. Korba also stated there needs to be a structural test before the city makes homeowners replace their driveways. Mayor Phelps asked Mr. Korba if the driveways were on Shahan. Mr. Korba replied this particular example was in another section of the City. Volume 73, page 99 Mr. Scales stated the ordinance has an appeals process in which you can appeal to the Zoning Board of Adjustments, and they have the authority to give a reasonable amount of time to make repairs. Mr. Scales also stated the Board of Adjustments can also make a determination that the driveway does not need to be repaired. Mr. Scales stated the Board of Adjustments can give a homeowner a maximum of two years to make the repairs on a driveway. Mr. Korba expressed concern about the appeals process stating the city inspectors write up citations and homeowners feel threatened. Mayor Phelps asked if the word "threatened" was the correct word. Mr. Korba stated it was not, but the inspectors threaten the homeowners with a fine. Mr. Scales explained the enforcement procedure. The City contacts property owners by phone or in person; and if no one is home a door hanger is placed on the door stating there is a problem, please give us a call. Mr. Scales stated if the City does not get a response in one week the City writes the owner a letter. Mr. Scales explained if the City still gets no response then the City writes a formal notice giving a specific time frame to correct the problem, and the letter also explains the appeals process. Mr. Escalante also stated that Mayor Phelps read a statement that prohibits Council from discussing or taking action during this portion of the Council meeting. Mr. Escalante stated the Council will have to be very cautious particularly when discussing individuals who may have received a citation because under the law if there is a discussion of property or procedure then those individuals should be afforded the same public notice to participate in discussion. Mr. Escalante also stated if the City has done something inappropriate in their procedures and in the dealing with individuals, the Council would like to know so they can talk to those individuals and evaluate their relations with those citizens. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. STUDY SESSION. MAYOR PHELPS RECESSED THE EXECUTIVE SESSION AT 7:30 P.M. FOR THE REGULAR GENERAL SESSION. THE DISCUSSION BEGAN AT 6:45 P.M. Volume 73, page 100 AND CONCLUDED AT 7:30 P.M. FOR THE REGULAR GENERAL SESSION AND RECONVENED INTO EXECUTIVE SESSION AGAIN AT 8:20 P.M. AND CONCLUDED AT 9:56 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 a DISCUSS PERSONNEL MATTERS -TEXAS GOVERNMENT CODE SECTION 551.074 1. DISCUSS APPOINTMENT TO THE VALWOOD IMPROVEMENT AUTHORITY. Mayor Phelps and members of the City Council discussed appointment to the board as listed above. E.1 b DISCUSS LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS LAND ACQUISITION AT 12725 BEE STREET. 2 DISCUSS LAND ACQUISITION AT 13105 BEE STREET. 3. DISCUSS LAND ACQUISITION AT 13109 BEE STREET. 4. DISCUSS LAND ACQUISITION AT 13101 DENTON DRIVE, 13115 DENTON DRIVE, AND 13105 ROSSFORD STREET (2435 OAK STREET). 5. DISCUSS LAND ACQUISITION IN OLD FARMERS BRANCH. 6. DISCUSS LAND ACQUISITION ALONG MIDWAY ROAD. 7. DISCUSS SALE OF CITY PROPERTY AT ALPHA LINK. Assistant City Manager John Burke gave a report on possible land acquisition at various locations. E.1 c DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. DISCUSS POTENTIAL LITIGATION RELATED TO THE CARROLLTON- FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT ATTENDANCE ZONE ISSUE. 2. DISCUSS PENDING LITIGATION WITH XIT PAVING AND CONSTRUCTION INC., VS. THE CITY OF FARMERS BRANCH. City Attorney John Boyle presented information on the attendance zone issue and pending litigation with XIT Paving and Construction Inc.. Volume 73, page 101 E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported the appointment to the Valwood Improvement Authority has been postponed until the February 3, 1997, City Council meeting. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on land acquisition. A motion by Councilman Grubbs, a second by Mayor Pro Tern Moses, all voting "aye", approved Resolution 97-012 as corrected for use of condemnation for the property located at 12725 Bee Street. A motion by Councilman Bird, a second by Councilman Pyle, all voting "aye", approved Resolution 97-014 as corrected for use of condemnation for the property located at 13105 Bee Street. A motion by Mayor Pro Tern Moses, a second by Councilman Bird, all voting "aye", approved Resolution 97-015 for use of condemnation for the property located at 13109 Bee Street. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", approved Resolution 97-016 for use of condemnation for the property located at 13101 Denton Drive, 13115 Denton Drive, and 13105 Rossford Street (2435 Oak Street). Mayor Phelps reported City staff updated the City Council on land acquisition in Old Farmers Branch. Mayor Phelps reported City staff updated the City Council on land acquisition along Midway Road. Mayor Phelps reported City staff updated the City Council on sale of City property at Alpha Link. E.4 CONSIDER NECESSARY ACTION ON PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on pending and contemplated litigation. A motion by Councilman Pyle, a second by Councilman Bird, all voting "aye", Volume 73, page 102 instructed the attorney to start preparation of litigation proceedings. A motion by Councilman Pyle, a second by Mayor Pro Tern Moses, all voting "aye", approved the mediation settlement with XIT Construction for $24,500. F.1 ADJOURNMENT. A motion by Councilman Bird, a second by Councilwoman Davis, all voting "aye", adjourned the City Council meeting of January 20,1997, at 9:56 p.m.. J Volume 73, page 103 City Secretary