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1997-06-16 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JUNE 16, 1997 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Councilmembers Charlie Bird Berry Grubbs Bill Moses Jim Robbs The following members of the City Council were absent: Mayor Pro Tern Calla Davis The following members of the City Administration were present: Acting City Manager John F. Burke City Attorney John Boyle City Secretary Cindee Peters Communication Director Donna Huerta Economic Development Director Norma Nichols Director of Community Services Tom Scales Building Official Jim Olks Director of Planning Michael Spicer Project Manager David Nighswonger Assistant City Engineer Gary Oshel Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Library Director Mary Jane Stevenson Police Chief Jimmy Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux Director of Equipment Services Don Moore Traffic Engineer Dave Davis Recording Secretary Suzanne Reynolds The following members of the City Administration were absent: City Manager Richard L. Escalante Assistant City Manager Linda Tidwell-Groomer Assistant to the City Manager Margaret Somereve City Engineer Jerry Murawski Mayor Phelps called the City Council Meeting of June 16, 1997 to order at 7:32 P.M. The meeting was televised. Volume 75, page 9 A.1 INVOCATION. Reverend Ernest Boren of Valley View Baptist Church gave the invocation and Councilman Moses led the pledge of allegiance. Mayor Phelps stated that Mayor Pro Tern Davis was not present. Mayor Phelps announced the City will have an apprentice from England, Sophy Atkinson, working in Community Services for six weeks. Mayor Phelps also introduced David Nighswonger of the Engineering Department. A.2 PRESENTATION OF BOARD APPLICATIONS. No one presented an application. A.3 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.3. 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 Deputy Mayor Pro Tern Bird, seconded by Councilman Grubbs, all voting "aye," approved the following items on the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JUNE 2, 1997. B.2 ADOPTED RESOLUTION NO. 97-097 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH METROPLEX TELEPHONE COMPANY, DOING BUSINESS AS AT&T WIRELESS FOR PROPERTY LOCATED AT 3723 VALLEY VIEW LANE. B.3 ADOPTED RESOLUTION NO. 97-084 APPROVING AN AGREEMENT WITH THE METROCREST HOSPITAL AUTHORITY RELATIVE TO THE RELOCATION OF A WATER LINE WITHIN THE RIGHT-OF-WAY OF MEDICAL PARKWAY. Mayor Phelps read Consent Agenda captions for the home audience and home viewers. Volume 75, page 10 CA CITY MANAGER REPORTS. Acting City Manager John Burke presented an informative report on the status of various projects and activities in the City. C.2 PUBLIC HEARING: CONSIDER THE REQUEST BY ROBERT L. REICH, ON BEHALF OF BUCHANAN PRINTING, FOR SITE APPROVAL OF A COMMERCIAL PRINTING FACILITY TO BE LOCATED AT THE NORTHEAST CORNER OF FORD ROAD AND CHRISTIAN PARKWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 74 (PD-74) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The proposed site is a vacant tract, approximately seven acres in area, located at the northeast corner of Ford Road and Christian Parkway. City Council previously approved a site plan for a commercial printing facility on the same property January 6, 1997. The applicant has since modified development plans to the extent that approval of a new site plan is necessary. Principal changes from the previously approved site plan include: reducing the size of the building; reorienting the building such that its main entrance faces west toward Ford Road; removal of three additional pecan trees having diameters of 24 inches or larger; and the addition of emissions control equipment on the east side of the building. A commercial printing facility is allowed in PD-74 by right, however, site plan approval is required prior to the issuance of construction permits. PD-74 permits that public hearings may be called to consider approval of site plans for properties located within the District. The Planning and Zoning Commission, by unanimous vote, recommends the site plan be approved subject to eight conditions as specified in proposed Resolution No. 97-093. Mayor Phelps opened the public hearing. Mr. Dave Johnson, 2320 Jett Street, stated he agrees with the eight conditions and would be available to answer any questions the City Council may have. Mr. Johnson also stated if the Council approves this item construction would start immediately. Mr. Tim Lightfoot, Chief Executive Officer, Display Products, 800 Fabric Express, stated he is in favor of the site plan as submitted. He also stated he did not have a problem with the noise issue because it had been explained to him by the Sound Consultants. A motion by Deputy Mayor Pro Tern Bird, seconded by Councilman Moses, all voting "aye," closed the public hearing. Volume 75, page 11 Councilman Moses asked Mr. Johnson if he agreed with the eight conditions. Mr. Johnson replied he did agree with the conditions. Councilman Grubbs stated he would like to excuse himself from voting on this issue and would sign the appropriate document. There being no further comments, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," except for Councilman Grubbs abstaining, approved the site plan with the eight conditions as specified in Resolution No. 97-093. Councilman Grubbs returned to the Council Chamber. C.3 CONSIDER THE REQUEST OF O'BRIEN & ASSOCIATES, INC., FOR SITE PLAN APPROVAL FOR A DISTRIBUTION FACILITY TO BE LOCATED AT THE NORTHEAST CORNER OF VALLEY VIEW LANE AND HUTTON DRIVE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 22 (PD-22) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The proposed site is a vacant tract, approximately 14.2 acres in area located at the northeast corner of Valley View Lane and Hutton Drive. The proposed 255,420 square foot building is to be constructed of tilt-up concrete panels. All dock doors will face west toward Hutton Drive. Extensive landscaping is to be installed along Hutton Drive that should effectively screen the truck court and dock doors from Hutton Drive and Valley View Lane, except at driveway entries. The property is zoned PD-22 and site plan approval is required prior to the construction of the distribution facility. As part of the site plan approval, the applicant is requesting a variance to the parking setback along Hutton Drive. The Planning and Zoning Commission, by unanimous vote, recommends the site plan, including the requested pavement setback variance, be approved subject to the following conditions: 1. The driveway on Valley View Lane shall be relocated to the west of its proposed location so as not to affect the existing drainage inlet. 2. A left turn lane from southbound Hutton Drive into the subject property shall be constructed by the developer and approved by City Staff prior to issuance of a Certificate of Occupancy. 3. A 15' x 15' right-of-way corner clip shall be provided at the intersection of Valley View Lane and Hutton Drive. 4. There shall be no truck dock doors facing Hutton Drive at the southwest corner bay of the Tenant 1 portion of the building as identified on Sheet A2.1 of the submitted site plan and no more than 30 dock doors in total facing Hutton Drive. Volume 75, page 12 5. An additional Live Oak tree shall be planted on the north side of the south driveway along Hutton Drive. 6. A 10' utility easement shall be provided along both Valley View Lane and Hutton Drive. 7. A sidewalk shall be provided along Valley View Lane and shall be located wholly within street right-of-way or an easement allowing such use. 8. The fire lane shall be designated as a fire lane and utility easement on the final plat. Mr. Jim Prichard, Prichard and Associates, 2424 Stuts Drive, stated he would be available to answer any questions of the City Council. Deputy Mayor Pro Tern Bird asked what kind of distribution center it will be. Mr. Prichard stated the distribution will be public goods, different types of goods. Mr. Prichard replied it is an existing business in Farmers Branch and they are expanding their business. There being no further discussion, a motion by Deputy Mayor Pro Tern Bird, seconded by Councilman Grubbs, all voting "aye," approved the site plan, including the requested pavement setback variance, with the eight conditions. C.4 CONSIDER ADOPTING ORDINANCE NO. 2326 AMENDING THE CITY- WIDE MASTER THOROUGHFARE PLAN ORDINANCE NO. 2031 BY DELETING AN UNNAMED AND UNDEVELOPED STREET CURRENTLY DESIGNATED AS A FOUR-LANE UNDIVIDED THOROUGHFARE AND PROVING A SEVERABILITY CLAUSE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The City-wide Master Thoroughfare Plan currently designates an unnamed and undeveloped street as a four-lane undivided thoroughfare. Graham Associates, Inc., on behalf of two adjacent property owners, has requested that the street be deleted from the Thoroughfare Plan. The unnamed and undeveloped street proposed for deletion is in the northeast quadrant of the intersection of Valley View Lane and Luna Road. It begins at Valley View Lane and runs north for approximately 700 feet, and turns to run west to the west city limit line for approximately 2600 feet. The Planning and Zoning Commission, by unanimous vote, recommends adoption of Ordinance No. 2326 amending the City-wide Thoroughfare Plan Ordinance No. 2031 by deleting an unnamed and undeveloped street currently designated as a four-lane undivided thoroughfare. Councilman Grubbs asked if the Planning and Zoning Commission was aware of the potential soccer field complex for this area and considered this in their deliberation. Volume 75, page 13 Mr. Michael Spicer, City Planner, stated he believes the subject was never discussed during the deliberation with the Planning and Zoning Commission. Councilman Grubbs stated as discussed in Study Session he raised the question about whether or not to take a road off the Thoroughfare Plan. Councilman Grubbs stated the City is in discussions about the potential placement for a soccer field complex in that area. Councilman Grubbs stated he feels it is a little premature until the issue is resolved. Councilman Grubbs stated the City will know in 60 to 90 days whether there will be a soccer field in that area. Deputy Mayor Pro Tern Bird stated he agrees with Councilmen Grubbs and Moses, that this item should be tabled for 60 days. There being no further discussion, a motion by Councilman Grubbs, seconded by Councilman Moses, all voting "aye," tabled this item for 60 days. C.5 CONSIDER THE ADOPTION OF ORDINANCE NO. 2317 AMENDING THE 1994 EDITION OF THE UNIFORM BUILDING CODE ESTABLISHING TIME LIMITS FOR THE EXPIRATION OF CONSTRUCTION PERMITS; ESTABLISHING TIME LIMITATIONS ON PERMITS FOR FENCES AND ACCESSORY BUILDINGS; AND ADDRESSING THE USE OF AREA SEPARATION WALLS; AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Currently the Building Code does not establish a definitive length of time for which a permit is valid. It does, however, establish a maximum length of time allowed between obtaining a permit and the commencement of work, and a maximum length of time that work may be abandoned before a permit expires. The proposed ordinance adds a maximum length of time for which a permit is valid based on the type of work, reduces the length of time allowed between obtaining a permit and commencement of work, and reduces the maximum length of time that work can be abandoned before a permit becomes null and void. Additionally, the proposed ordinance amends the Building Code and establishes the maximum length of time that a permit is valid for fences and accessory building construction. The proposed ordinance also amends the Building Code so that building area separation walls will not be considered when determining the requirement for fire sprinkler systems. Staff recommends adoption of Ordinance No. 2317. Mr. Jim Olk, Building Official, stated he would be available for any questions regarding the proposed Ordinance No. 2317. Mayor Phelps stated the proposed ordinance would cut the time that a building permit is valid from the point of obtaining a permit to beginning Volume 75, page 14 work from 180 days to 90 days. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted the following captioned Ordinance No. 2317. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE BULIDING CODE OF THE CITY OF FARMERS BRANCH BY AMENDING THE 1994 EDITION OF THE UNIFORM BUILDING CODE BY; AMENDING SECTION 106.4.4 AND ADDING SECTION 106.4.4.1, 106.4.4.2 AND 106.4.4.3; ESTABLISHING TIME LIMITS FOR THE EXPIRATION OF CONSTRUCTION PERMITS; ADDING SECTION 106.4.4.4 ESTABLISHING TIME LIMITS FOR THE EXPIRATION OF FENCE AND ACCESSORY BUILDING PERMITS; AMENDING SECTION 504.6.1 ADDRESSING AREA SEPARATIONS WALLS; REPEALING ALL ORDINANCES OR PROVISIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.6 CONSIDER THE ADOPTION OF ORDINANCE NUMBER 2324 AMENDING THE PROPERTY MAINTENANCE CODE BY DEFINING PERMITTED ITEMS IN THE REQUIRED FRONT YARD IN RESIDENTIAL ZONING DISTRICTS; LIMITING THE STORAGE OF ITEMS OUTSIDE OF A BUILDING IN RESIDENTIAL ZONING DISTRICTS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The storage and placement of materials, personal property and trash, junk and debris outside of a structure are contributing factors to the decline of neighborhoods. In addition to unsightly items being stored outside, the placement of items such as playground equipment, household furniture, car seats, and lawn maintenance equipment are becoming more commonplace in the front yards of residences in the City. Current regulations are not adequate to control unsightly items placed in front yards that may detract from the property, yet still allow items that are beneficial and desirable. The proposed ordinance will more specifically identify objects or items that may be permitted in residential front yards and will control the storage of items outside of a building in the front, side and rear yards. Staff recommends the adoption of Ordinance Number 2324. Mr. Olk gave a brief outline of proposed Ordinance Number 2324. There being no further discussion, a motion by Councilman Grubbs, seconded by Deputy Mayor Pro Tern Bird, all voting "aye," adopted the following captioned Ordinance Number 2324 with the condition that the Volume 75, page 15 last paragraph in subsection (p) read as follows: Fences located in the required front yard, which were erected without a variance, prior to the adoption of this ordinance, may remain as erected, for a period of five (5) years from the adoption of this ordinance, provided that the fence is maintained in conformance with the maintenance provisions of this code, and no change in property ownership has occurred. Upon the expiration of five (5) years or when a change in ownership occurs the non- conforming fence shall be removed. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 5 OF ORDINANCE NUMBER 1895-A (PROPERTY MAINTENANCE CODE) OF THE CITY OF FARMRS BRANCH BY DEFINING PERMITTED ITEMS IN THE REQUIRED FRONT YARD IN RESIDENTIAL ZONING DISTRICTS; LIMITING THE STORAGE OF ITEMS OUTSIDE OF A BUILDING IN RESIDENTIAL ZONING DISTRICTS; REPEALING ORDINANCE NUMBER 1063; REPEALING ALL ORDINANCES OR PROVISIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILTY CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.7 CONSIDER THE ADOPTION OF ORDINANCE NUMBER 2323 AMENDING THE "MINIMUM HOUSING CODE" BY ESTABLISHING MINIMUM AREA FOR SLEEPING ROOMS AND OTHER HABITABLE ROOMS; AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Overcrowding of homes and apartment dwellings in the City has become more apparent. Overcrowding increases the likelihood of the transmission of respiratory diseases and other illnesses. It also places burdens on the neighborhood due to increased traffic and parking around the home, the displacement of typically inside activities to the exterior of the house and the generation of greater amounts of trash and refuse generated from a single property. Overcrowding undermines neighborhood standards, quality of life, property values and property maintenance efforts. The Minimum Housing Code establishes provisions for some items such as room sizes, natural light, and sanitation. It does not, however, establish a standard for the maximum number of persons who may occupy a residence, nor does it control the number of people who may live in a residence. Ordinance No. 2323 has been proposed to help with overcrowding. It establishes minimum room sizes and minimum floor area requirements for dwelling units based on the number of people residing in a residence. Staff recommends the adoption of Ordinance Number 2323. Mr. Olk stated this issue has been a much discussed topic at the Volume 75, page 16 Neighborhood Meetings. He stated staff is concerned with the health issues and associated issues that effect the neighborhoods. Mr. Olk gave a brief outline of Ordinance Number 2323. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance Number 2323. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION V. SUBSECTION 3(b)(c) AND (d) OF ORDINANCE NUMBER 1038 THE "MINIMUM HOUSING CODE" BY ESTABLISHING MINIMUM AREA FOR SLEEPING ROOMS; REPEALING ALL ORDINANCES OR PROVISIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.8 CONSIDER THE ADOPTION OF ORDINANCE NUMBER 2325 REGULATING THE PARKING OF VEHICLES ON PRIVATE PROPERTY WITHIN RESIDENTIAL ZONING DISTRICTS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Currently vehicles may be parked indefinitely on the grass or in the lawn in the rear yard of residences, provided the vehicle is screened from view of the street or public right-of-way. These vehicles are often inoperable and in various stages of disrepair. It is common for the ground cover under and around the vehicles to be non-existent or very poorly maintained. In addition to the rear yard parking conditions, motor homes, RV's, boats, utility vehicles such as utility trailers, tandem axial trailers, and tractors may be parked indefinitely in the front driveways of a residence. In some cases, RV's and utility trailers are used for additional space to store personal property items in front of the house. These conditions undermine neighborhood standards, diminish the quality of life, affect property values and deter property redevelopment. Proposed Ordinance No. 2325 creates a new code titled "Vehicle Parking Code". The proposed new code would establish vehicle parking regulations for all vehicles, including RV's and utility vehicles, parked or stored on residential property within the City. The proposed ordinance also establishes driveway requirements for residential property in the City. Staff recommends the adoption of Ordinance Number 2325. Mr. Olk gave a brief outline of the proposed Ordinance Number 2325. Volume 75, page 17 Mr. Olk stated a word that is proposed to be changed in the ordinance is on page 7, section 8, changing the word "it" in last sentence to "to". Mr. Nick Korba, 13210 Shahan Drive, stated this Ordinance will make many citizens unhappy and stated this town will not be a very friendly town. Mr. Korba stated he felt there is nothing wrong with parking your boat in your driveway. Mr. Korba commented that this item could create a problem for the citizens and he felt that it should be tabled for 90 days or more. Councilman Moses asked if someone from staff would explain the annual permit process. Mr. Olk stated RVs and boats, defined as special vehicles, in existence at this time can continue to be stored in front yards of residential homes. Mr. Olk stated a permit must be obtained from Community Services Department so that existing RVs and boats can be tracked and to establish which vehicles are being stored at this time. He also stated there will be no charge for the permit, and the permit will have to be renewed annually. Councilman Moses asked if RVs could be parked in a screened rear yard area on a hard surface. Mr. Olk replied yes and an RV could be parked on a gravel surface in the rear yard as long as the gravel surface meets City standards. There being no further discussion, a motion by Councilman Grubbs, seconded by Councilman Bird, all voting "aye," adopted the following captioned Ordinance Number 2325 with the condition that the Section 4, Subsection 3(e) be added, and will read as follows: (e) No annual permit may be renewed more than 4 times for a total of 5 years. Upon the expiration of the final permit renewal, the special vehicle will be stored in conformance with Section 4, subsections, 1, 2, 4, 5, 6, and 7 of this code. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, REGULARING THE PARKING OF VEHICLES ON PRIVATE PROPERTY WITHIN RESIDENTIAL ZONING DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; REPEALING ORDINANCE NUMBER 1868-13; REPEALING ALL ORDINANCE IN CONFLICT HEREWITH; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF AND PROVIDING FOR AN EFFECTIVE DATE. C.9 CONSIDER THE ADOPTION OF ORDINANCE NUMBER IMPOSING A SIXTY (60) DAY MORATORIUM ON THE ISSUING OF BUILDING PERMITS FOR THE CONVERSION, ALTERATION OR MODIFICATION OF GARAGES, CARPORTS, AND OTHER VEHICULAR STORAGE STRUCTURES THAT WOULD PROHIBIT, PRECLUDE OR PREVENT THE Volume 75, page 18 STRUCTURE FROM STORING VEHICLES AS ORIGINALLY DESIGNED AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Proposed Ordinance No. 2327 prohibits the issuance of a building permit, for a sixty (60) day period, that would allow the conversions or alteration of a garage or a carport to a point where it could no longer adequately be used for the storage of vehicles. There are several ordinances currently under consideration which will affect the parking and storage of vehicles, the conversion of garages, the storage of personal property outside of a building and other property maintenance issues in the City. Those property maintenance issues were discussed during neighborhood meetings, at study session meetings, and at Crime Watch meetings. While the garage conversion issue is being studied, a sixty (60) day moratorium will help prevent further modifications to structures which may cause increased parking on streets and elsewhere on the property and may adversely impact neighborhoods and property redevelopment. Staff recommends the adoption of Ordinance Number 2327. Mr. Olk gave a brief outline of proposed Ordinance Number 2327. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted the following captioned Ordinance Number 2327. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, IMPOSING A MORATORIUM ON ISSUING OF ANY BUILDING PERMIT THAT PROPOSES TO ALTER, CONVERT OR MODIFY AN EXISTING GARAGE, CARPORT OR OTHER VEHICULAR STORAGE STRUCTURE TO AN EXTENT THAT WOULD PROHIBIT, PRECLUDE OR PREVENT THE STRUCTURE FROM STORING VEHICLES; TAKING EFFECT JUNE 17, 1997 AND REMAINING IN EFFECT THROUGH AUGUST 18, 1997. DA CONSIDER ADOPTING RESOLUTION NO. 97-092 ACCEPTING THE BID FOR THE SALE OF A 1992 CATERPILLAR 623E LANDFILL SCRAPER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Bid requests for the sale of a 1992 Caterpillar 623E Landfill Scraper were sent to seven dealers. Two dealers responded with bids and five dealers chose not to bid. Bids were opened on June 2, 1997. The highest bid received was submitted by the C.L. Boyd Company of Oklahoma City, Oklahoma in the amount of $167,100.00. Staff recommends adopting Resolution No. 97-092 awarding the bid for the sale of a 1992 Caterpillar 623E Landfill Scraper to the C. L. Boyd Company of Oklahoma City, Oklahoma in the amount of $167,100.00. Volume 75, page 19 There being no discussion, a motion by Deputy Mayor Pro Tern Bird, seconded by Councilman Grubbs, all voting "aye," adopted Resolution No. 97-092 awarding the bid for the sale of a 1992 Caterpillar 623E Landfill Scraper to the C.L. Boyd Company of Oklahoma City, Oklahoma in the amount of $167,100.00. D.2 CONSIDER ADOPTING RESOLUTION NO. 97-094 AWARDING THE BID FOR STREET MARKING INSTALLATION AT VARIOUS LOCATIONS TO A.S.C. PAVEMENT MARKINGS, INC. AND TAKE APPROPRIATE ACTION Mayor Phelps presented the following information for consideration. The Public Works Department maintains existing street markings and installs new markings as they are needed. To supplement in-house operations, Public Works administers a annual street marking contract. Bids were mailed to 6 vendors, only one bid was received and it met specifications. The bid was submitted by A.S.C. Pavement Markings, Inc. All items were bid on a unit price basis with estimated quantities. The Street Resurfacing Project in the Capital Improvement Program Non- Bond Fund contains $77,000.00, and the Public Works Department 1996-1997 operating budget contains $50,000.00 for a total of $127,000.00 to fund the contract. If the bid award is approved, payments will be made on a unit price basis for actual units installed. Staff recommends awarding the bid for the items needed to complete street marking installation within the resurfacing program only for a total not to exceed $77,000.00 and re-bid the remaining items. The Director of Public Works and the City Engineer recommend adopting Resolution No. 97-094 awarding the bid for street marking installation within the resurfacing program to A.S.C. Pavement Markings, Inc., for a total payment not to exceed $77,000.00. Deputy Mayor Pro Tern Bird asked Mr. Pavageaux if the City has used A.S.C. Pavement Markings, Inc. before. Mr. Mark Pavageaux, Director of Public Works, stated the City has used A.S.C. Pavement Markings, Inc. for the last two years. Councilman Bird asked if this company performed the work on Valwood. Mr. Pavageaux replied yes, A.S.C. Pavement Markings, Inc. was the company that did the markings on Valwood. Deputy Mayor Pro Tern Bird asked if city crews will be used to reduce the cost. Mr. Pavageaux replied no because this job is larger than the work done on Valwood and staff is committed to other projects. Deputy Mayor Pro Tern Bird ask why there was only one bid from six Volume 75, page 20 vendors. Mr. Pavageaux replied the vendors were contacted prior to the bids being sent out. He also stated there was a pre-bid meeting and only three people showed up. Mr. Pavageaux stated it is a concern, so the City will rebid the markers. Mr. Pavageaux stated his department has contacted the vendors and they would bid on the project again. Mr. Pavageaux stated the reason one vendor did not bid on this project is because they had just received a large contract from the State Department of Highways and did not feel they could do the work in a timely manner. He also stated another vendor at the pre-bid meeting could not be competitive on the in-lay markings. Mr. Pavageaux stated he feels by rebidding the City will receive a good price on the markers. Deputy Mayor Pro Tern Bird asked if he was happy with this one bid. Mr. Pavageaux replied he was comfortable with this one bid. There being no further discussion, a motion by Deputy Mayor Pro Tern Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 97-094 awarding the bid for street marking installation within the resurfacing program to A.S.C. Pavement Markings, Inc., for a total payment not to exceed $77,000. D.3 CONSIDER ADOPTING RESOLUTION NO. 97-095 AUTHORIZING THE CITY MANAGER TO PURCHASE COMPUTER NETWORK EQUIPMENT AND CONTRACT WITH CABLING AND COMPUTER NETWORK INTEGRATION VENDORS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Proposals were received from vendors to provide for the installation of a computer local area network within City facilities. Vendors proposed by project category. The categories were for network equipment, a cabling integration vendor, and a computer network integration vendor. Seventeen proposals were received for network equipment. Each vendor submitted a separate proposal for each type of equipment. Eleven different types of equipment are needed for the network. The lowest recommended proposals meeting specifications were submitted by nine vendors for a total amount of $188,535.05. Four proposals were received for a cabling integration vendor. The lowest proposal of $78,100.50 was from ICG Fiber Optics Technology. Four proposals were received for a computer network integration vendor. The highest rated and lowest proposal of $48,750 was from Open Volume 75, page 21 System Group. The total cost for equipment, cabling and network integration vendors is $315,415.55. The 1996-97 General and Fixed Asset Fund budgets include a total of $308,000 for these types of local area network equipment and services. Funding is available in the Fixed Asset Fund Balance to cover the $7,415.55 difference. Staff recommends adoption of Resolution 97-095 authorizing the City Manager to purchase computer network equipment and contract with cabling and computer network vendors for a total amount not to exceed $315,415.55. There being no discussion, a motion by Councilman Grubbs, seconded by Deputy Mayor Pro Tern Bird, all voting "aye," adopted Resolution 97-095 authorizing the City Manager to purchase computer network equipment and contract with cabling and computer network vendors for a total amount not to exceed $315,415.55. D.4 CONSIDER ADOPTING RESOLUTION NO. 97-096 DECLARING AN EMERGENCY TO REPAIR THE GABION WALL ALONG RAWHIDE CREEK AT BROOKHAVEN CLUB DRIVE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CRAIG OLDEN, INC. TO PERFORM THE REPAIRS AND TAKE APPROPRIATE ACTION Mayor Phelps presented the following information for consideration. Heavy rainfall this Spring caused the gabion wall along the drainage channel adjacent to Brookhaven Club Drive to fail. The gabion wall is within a drainage easement owned by the City. The soil behind the gabion wall is sliding into Rawhide Creek. The top of the slope is now within 10 feet of a private residence. Emergency action is needed immediately to prevent damage to the private residence. The expenditures for repair of the gabion wall would be exempt from competitive bidding under Local Government Code, Section 252.002 (2) and (3), if the City Council concurs that an emergency exists, and approves Resolution No. 97-096. Prices were solicited from two contractors for the corrective work. Craig Olden, Inc. submitted the lowest price at $76,340 to repair the gabion wall. The City Engineer recommends approving Resolution No. 97-096 declaring the situation an emergency and entering into an agreement with Craig Olden, Inc. to make the necessary repairs in an amount not to exceed $76,340. Councilman Moses stated he would like for staff to explain to the public why the City is repairing the gabion wall along Rawhide Creek. Mr. David Nighswonger, Project Manager, explained there was a horizontal movement of the gabion wall and the extent of it moved about Volume 75, page 22 five feet. He stated with the movement, the earth behind it settled. He stated it is adjacent to a home and presently the settlement is within ten feet of the foundation. Mr. Nighswonger stated with the continued rainfalls there is opportunity for further settlement and movement and feels this is an emergency in order to stabilize the wall to prevent any further movement and any possible damage to the home. Councilman Moses asked staff to explain who owns the property where the work is being done. Mr. Nighswonger stated the gabion wall and fence are on City property. Mr. Nighswonger stated part of the damage is on private property and the City will have to restore the landscaping and sprinkler system at the home. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Grubbs, all voting "aye," adopted Resolution No. 97-096 declaring the situation an emergency and entering into an agreement with Craig Olden, Inc. to make the necessary repairs in an amount not to exceed $76,340. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Phelps stated the City Manager Richard Escalante was not present because he was attending Harvard University. D.6 CITIZEN PARTICIPATION. Mr. Nick Korba, 13210 Shahan Drive, stated the school signs are barely visible and feels they should be replaced before school starts. Mr. Korba also stated there is a building at 13905 Tanglewood which is not on the tax rolls. Mr. Olk stated the owner has been notified to remove the structure. Mr. Olk stated the owner has requested more time to remove the files from the structure. Mr. Olk stated Community Services granted him a 60 day time frame to unload the building and remove the structure. Mr. Korba asked how does a structure go up and not appear on the tax roll? Mr. Olk stated he does not know, but the structure was used as a construction office for the development of that area. He stated the structure was used only on a temporary basis. Volume 75, page 23 Mr. Korba stated the structure has been there for over 35 years and has not been on the tax roll, escaping all the taxes. 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 EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:50 P.M. AND CONCLUDED AT 7:25 P.M. FOR THE GENERAL SESSION. 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 ANIMAL SHELTER ADVISORY COMMITTEE. 2. DISCUSS APPOINTMENT TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS. Mayor Phelps and members of the City Council discussed appointments to various boards. E.1 b DISCUSS LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS OFFER TO PURCHASE CITY PROPERTY LOCATED AT 3220 BELTLINE ROAD. Acting 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. City Attorney John Boyle and Mayor Bob Phelps updated the City Council on the attendance zone issue. Volume 75, page 24 E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the appointment to the Animal Shelter Advisory Committee would be postponed until the July 7, 1997 City Council meeting. Mayor Phelps called for necessary action on personnel matters. A motion by Deputy Mayor Pro Tern Bird, a second by Councilman Moses, all voting "aye", appointed Phillip Sizer to the Zoning Board of Adjustment and Building Code Board of Appeals. 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 Moses, a second by Councilman Robbs, all voting "aye", authorized the City Manager to enter into a sales contract with Computer Tech for City property located at 3220 Beltline Road for $1,400,000. E.4 CONSIDER NECESSARY ACTION ON PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported he and the City Attorney updated the City Council on the school issue. F.1 ADJOURNMENT. A motion by Councilman Moses, a second by Councilman Bird, all voting "aye", adjourned the City Council meeting of June 16, 1997, at 8:35 p.m. Volume 75, page 25 City Secretary