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1997-12-15 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING DECEMBER 15, 1997 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Bob Phelps Calla Davis Charlie Bird Berry Grubbs Bill Moses James Robbs 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 Equipment Services Director of Public Works Assistant to the City Manager Traffic Engineer Recording Secretary Richard L. Escalante Linda 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 Don Moore Mark Pavageaux Margaret Somereve Dave Davis Suzanne Reynolds Mayor Phelps called the City Council Meeting of December 15, 1997, to order at 7:33 P.M. The meeting was televised. Volume 76, page 104 A.1 INVOCATION. Councilman Grubbs gave the invocation and Mayor Pro Tem Davis led the pledge of allegiance to the flag. A.2 INTRODUCTION OF MISS FARMERS BRANCH 1998. Mayor Phelps introduce Maurea Briggs who is Miss Farmers Branch 1998. Ms. Briggs gave a summary of the pageants she has been in and the upcoming pageant she will be competing in. She also stated she would like to get involved with the schools and city events. A.3 RECOGNITION OF THE MAGIC SOCCER CLUB MEMBERS FROM FARMERS BRANCH. Mr. Bill Sheveland gave a presentation about the Magic 85 and 82 Girls Soccer Teams. Mr. Sheveland introduced coach Bruno Feretti of the Magic 85 GirlsTeam and Kelly Winn of the Magic 82 Girls Team. 1 Mr. Feretti and Mr. Winn introduced their team members. A.4 PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING. Mayor Phelps presented the award of Financial Reporting Achievement to Charles Cox, Director of Finance and City Manager Richard Escalante. Mayor Phelps stated this is the eighth consecutive year the City has received this award. A.5 CONSIDER ACCEPTANCE OF A DONATION FROM THE FARMERS BRANCH WOMAN'S CLUB OF $953.22 TO PURCHASE A PORTABLE LECTERN FOR THE SENIOR CENTER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Farmers Branch Woman's Club would like to donate funds to the City of Farmers Branch to purchase a portable lectern with microphone and speaker to be used at the Farmers Branch Senior Adult Activity Center. The lectern would be used at the Senior Center for numerous activities such as meetings, classes, and guest speakers. Volume 76, page 105 The Parks and Recreation Director recommends the City Council accept the donation from the Farmers Branch Woman's Club to purchase a portable lectern. Mrs. Jackie Deaton, President of the Farmers Branch Woman's Club, presented a check for $973.22 to the City for the purchase a portable lectern with microphone and speaker to be used at the Farmers Branch Senior Adult Activity Center. A motion by Mayor Pro Tern Davis, seconded by Councilman Moses, all voting "aye, accepted the donation from the Farmers Branch Woman's Club of $973.22 to purchase a portable lectern and to send the appropriate letter. A.6 PRESENTATION OF SERVICE AWARDS Mayor Phelps presented a fifteen year employee service award to Cary Walker of the Public Works Department. Mayor Phelps presented a fifteen year employee service award to Steve Lamb of the Public Works Department. A.7 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.8 REPORT ON STUDY SESSION ITEMS Mayor Phelps gave a brief summary of the items discussed in Study Session held prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.B. 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 Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye," approved the following items on the Consent Agenda. Volume 76, page 106 B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF DECEMBER 1, 1997. B.2 APPROVED MINUTES OF SPECIAL CITY COUNCIL MEETING OF DECEMBER 2, 1997. B.3 APPROVED THE REQUEST BY SUNG KWANG PRESBYTERIAN CHURCH FOR FINAL PLAT APPROVAL. B.4 ADOPTED RESOLUTION NO. 97-192 APPROVING THE FINAL PLAT FOR MERCER CROSSING ADDITION AND ACCEPTING OFF-SITE DRAINAGE, ACCESS, FIRE LANE, AND UTILITY EASEMENTS. B.5 APPROVED AUTHORIZING THE CITY MANAGER TO EXECUTE RELEASE OF LIABILITY FORMS WITH: GJSI-TEXAS, INC., TEACHERS INSURANCE & ANNUITY ASSOCIATION OF AMERICA AND PRENTISS PROPERTIES LIMITED, INC. FOR USE OF THEIR PARKING FACILITIES FOR SPECIAL EVENTS HELD DURING THE 1998 CALENDAR YEAR. B.6 ADOPTED ORDINANCE NO. 2365 EXTENDING A FRANCHISE GRANTED TO SOUTHWESTERN BELL TELEPHONE COMPANY BY THE PASSAGE OF ORDINANCE NO. 2309 AND ORDINANCE NO. 1988. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, EXTENDING ORDINANCE NO. 2309 EXTENDING A FRANCHISE GRANTED TO SOUTHWESTERN BELL TELEPHONE COMPANY BY THE PASSAGE OF ORDINANCE NO. 1988 ON JUNE 1, 1992, WITH AN EFFECTIVE DATE OF JULY 1, 1992, AND ESTABLISHING AN EFFECTIVE DATE. B.7 APPROVED RESOLUTION NO. 97-194 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH AND TVMAX COMMUNICATIONS, INC. DBA OPTEL, A PRIVATE SWITCH PROVIDER RELATIVE TO PROVIDING 9-1-1 SERVICE AT CORTESIA AT PARKSIDE APARTMENTS, 3990 SPRING VALLEY ROAD, FARMERS BRANCH. B.8 ADOPTED RESOLUTION NO. 97-193 APPROVING A SUPPLEMENTAL AGREEMENT NO. 2 TO THE CONGESTION Volume 76, page 107 MITIGATION AND AIR QUALITY IMPROVEMENT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION. CA CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status of various projects and activities in the City. Mayor Phelps asked where the recycling of Christmas tree would take place. Mr. Jeff Fuller, Director of Parks and Recreation, stated Christmas trees will be recycled at Oran Good Park on Saturday, December 27, 1997 and January 3, 1998. Mr. Escalante stated he would like to wish all the viewers and employees a Merry Christmas. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF SID HOLLINGSWORTH, ON BEHALF OF KWIK INDUSTRIES, INC., FOR A SPECIFIC USE PERMIT TO ALLOW THE SALE, SERVICE AND INSTALLATION OF TIRES, BATTERIES, AND ACCESSORIES AT 13303 JOSEY LANE, WITHIN THE LOCAL RETAIL-2 (LR-2) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On November 6, 1995, the City Council granted a specific use permit to Kwik Industries, Inc., to operate a tune-up shop, Kwik Kar Lube & Tune, at13303 Josey Lane. In addition to the tune-up shop operations, Kwik Industries, would like to provide the sale, service and installation of brakes within the existing building currently used for the tune-up shop. The sale, service and installation of brakes is permitted within the Local Retail-2 (LR-2) zoning district subject to approval of a specific use permit. The Planning and Zoning Commission, by unanimous vote, recommends the specific use permit subject to the following conditions: 1. That the specific use permit for "Tires, Batteries and Accessories" be limited to brake installations, sales and service only. Volume 76, page 108 2. That all sales, service and installation of brakes be conducted exclusively within the building. 3. That all vehicles shall be kept within the building during hours in which the facility providing the tune-up service and the sale, service and installation of brakes is not open to the public. 4. That there be no outdoor storage of brake parts. 5. That there be no automotive repair conducted on the property. Mayor Phelps opened the public hearing. Mr. Sid Hollingsworth, 4725 Nall Road, stated he would be available to answer any questions the Council may have. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," closed the public hearing. Councilman Bird asked what the hours of operation would be. Mr. Bob Lipske, owner and operator of Kwik Kar Lube and Tune, stated his operation will be open six days a week, Monday through Friday, 8 a.m. to 6 p.m., Saturdays from 8 a.m. to 5 p.m. and closed on Sundays. Councilman Moses asked Mr. Hollingsworth if he was in agreement with the recommendations made by the Planning and Zoning Commission. Mr. Hollingsworth replied he was in agreement with the recommendations. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," approved the following captioned Ordinance No. 2369 approving the specific use permit as requested. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR "TIRES, BATTERIES, AND ACCESSORIES" PROVIDING FOR THE SALE, SERVICE, AND INSTALLATION OF BRAKES AT 13303 JOSEY LANE, AND WITHIN THE LOCAL RETAIL-2 (LR- 2) ZONING DISTRICT; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; PROVIDING FOR Volume 76, page 109 SEVERABILITY; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF THE WOOLLEY HOTEL COMPANY FOR A SPECIFIC USE PERMIT FOR A 13-STORY, 300 ROOM, ALL SUITES HOTEL TO BE LOCATED AT 14031 NORTH DALLAS PARKWAY, WITHIN THE PLANNED DEVELOPMENT NUMBER 42 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject property is a 3.25 acre vacant tract located on the west side of the North Dallas Parkway immediately north of the Tenet office building and approximately 680 feet south of Spring Valley Road. The Specific Use Permit request is for a 13-story, 300 room, all-suites hotel with a one story underground parking garage. The hotel's main entrance will face North Dallas Parkway. The inside of the hotel will feature an eleven story atrium. The exterior finish will be primarily stucco of a tan-bronze color. The color and style of the roof will be an orange-red Spanish mission design. The top of the building will feature a dome. 1 The proposed hotel is consistent with the recommendations of the Comprehensive Plan and except for the minimum lot requirement of 4 acres, satisfies Ordinance No. 2249 which establishes criteria by which City Council may evaluate hotel requests. The minimum lot size may be waived by Council following recommendation from the Planning and Zoning Commission should the hotel facility be determined to be an appropriate use of the property. The Planning and Zoning Commission, by unanimous vote, recommends that the Specific Use Permit be approved subject to the following conditions: 1. Documentation from the Federal Aviation Administration (FAA) approving the proposed hotel's height shall be provided to Staff prior to issuance of building permits. 2. Should any of the trees along the North Dallas Parkway have to be replaced due to death, disease or any other reason, replacement trees shall be of a species approved by Staff and no less than 4 inches in caliper at time of planting. 3. The proposed Jasmine ground cover shall be planted 12 inches on center. Volume 76, page 110 4. The dumpster shall be relocated approximately 9 feet to the east subject to Staff approval 5. All fire lanes shall have a minimum inside turning radius of 26 feet and a minimum outside radius of 50 feet. Mayor Phelps opened the public hearing. Mr. Steven Sandstrom, Sandstrom Architects, 1775 N. Skyline Drive, Orem, Utah, stated he is representing Woolley Hotel Company. He showed the Council a rendering of the hotel and stated they are looking forward to working on this project. He stated that Woolley Hotel has built hotels throughout the United States and Mexico but this will be the first in their hometown of Farmers Branch. A motion by Councilman Bird, seconded by Councilman Grubbs, all voting "aye," closed the public hearing. Mayor Pro Tern Davis asked if there is an operator for this hotel. Mr. Christopher Pape, 3210 Beltline, General Counsel for Woolley Hotel Company, stated they are engaged in discussion with an operator and as part of their financing agreement it has to be a full- service luxury hotel. Currently, the operators that are being considered cannot be disclosed. The perspective operators will be required to be a four star luxury hotel chair with room service. Mayor Phelps stated the rendering is on the screen so home viewers are able to view it. Mayor Pro Tern Davis asked what happens in the event that the prospective hotel operator or different owner wants to come in and not use the proposed design or style should Council approve it. She stated the City is granting a specific use permit to allow a hotel on that site and inquired as to whether a change in the approved design would prompt a return to City Council to approve such a change. Mr. Escalante explained a site plan that depicts both the proposed hotel's interior and exterior features would be included as a part of the ordinance granting the specific use permit and, therefore, if there were any deviation from that design, they would be required to come back for an amendment of the specific use permit. They would have to go through the same procedure as was followed to receive this specific use permit. He emphasized again, if there should be any change in the approved design it would have to come before the Planning and Zoning Commission and the City Council for amendment. Volume 76, page 111 Councilman Grubbs stated if the request is approved, the Council would essentially be granting a variance to the 4 acres requirement. He asked if the rationale for granting the variance is based on the fact that some of the required parking would be placed underground. Mr. Michael Spicer, Planning Director, stated in staff's view, the overall quality of the operation warranted an exception to the minimum lot requirement. Further, he stated the applicant could provide additional parking underground if desired. Mr. Spicer stated the parking that is being provided on the area that is in TU Electric's right- of-way would primarily serve as overflow for special events. Councilman Grubbs asked whether there is underground parking proposed. Mr. Spicer replied there will be one level of underground parking. Councilman Grubbs also asked if there will be an easement to accommodate overflow traffic. Mr. Spicer replied there will be. Mayor Phelps asked if it was going to be paved. Mr. Spicer replied it would be paved. Mr. Spicer stated the underground parking garage is relatively small and wraps around the south and east side of the building below grade. Councilman Bird asked Mr. Sandstrom if he was familiar with the conditions recommended by the Planning and Zoning Commission. Mr. Sandstrom replied he does not have any problems with the five conditions recommended by the Planning and Zoning Commission. Councilman Bird asked when would construction begin. Mr. Sandstrom stated a complete set of drawings would delivered to the City by mid January, and after receiving a building permit would start as soon as possible. Mr. Escalante stated, relative to the 4 acre minimum lot requirement, that when it was adopted, there was provision made in the ordinance Volume 76, page 112 that would allow for approval of a lot size less than 4 acres if operation of facilities, designs, and layouts so warranted. Mr. Escalante stated this is not a variance such as that to be considered by the Zoning Board of Adjustment. Rather this is an exception the Council may grant if it finds the proposal is an appropriate use, design, and layout for the site. Mr. Escalante stated an exception would be appropriate if the proposal achieves the mission established by the ordinance, that is, to make sure there is orderly and positive development for the community. He stated, in this case, the City staff and the Planning and Zoning Commission found that an exception to the minimum lot acre should be granted. There being no further discussion, a motion by Councilman Bird, seconded by Mayor Pro Tern Davis, all voting "aye," approved the following captioned Ordinance No. 2368 with a Specific Use Permit and conditions recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR A HOTEL WITHIN THE PLANNNED DEVELOPMENT NUMBER 42 (PD-42) ZONING DISTRICT ON THE WEST SIDE OF THE DALLAS NORTH TOLLWAY APPROXIMATELY 680 FEET SOUTH OF SPRING VALLEY ROAD (14031 NORTH DALLAS PARKWAY), PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. Mr. Sandstrom complimented the Planning and Zoning staff and stated doing business with the City of Farmers Branch was a pleasant experience. C.4 CONSIDER ADOPTING RESOLUTION NO. 97-191 APPROVING A DEVELOPER'S CONTRACT WITH WESTERRA, PARKSIDE L.P. FOR PARKSIDE CENTER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Westerra, Parkside L.P. has received site concept plan approval for 35 acres of undeveloped land located at the southwest corner of Spring Valley Volume 76, page 113 Road and Midway Road. The site plan approval required fire lanes, water lines, sewer lines, and drainage improvements. A Developer's Contract is also required. The Developer's Contract obligates the Developer to plat the property; install streets, sidewalks, water, sewer, and storm sewer, improvements. The Developer must provide a drainage plan, maintain and operate all storm water detention facilities, drainage and floodway easements. The Developer is required to maintain landscape, irrigation, street pavers, and other structures installed by the Developer which are located within street rights-of-way and common areas. The Developer is also required to contribute $100,000 for a portion of the cost of the future bridge and extension of Park Bridge Boulevard to the south when the rest of the Mobil Tract develops. The remainder of the cost will be borne by the developer of the Mobil Tract. Approval of the final plat for Parkside Center is a separate agenda item at this Council meeting. The City Attorney and the City Engineer recommend adoption of Resolution No. 97-191 approving the Developer's Contract with Westerra, Parkside L.P. for Parkside Center. Mr. Keith Thomas, representing Westerra, stated he would be available to answer any questions the Council may have. Mayor Pro Tern Davis asked if this project will be a hotel, apartments or all of it. Mr. Thomas replied the agreement with the developer includes all of the public infrastructure needed to go in for the improvements of apartments, townhouses, hotels, and retail. Mayor Pro Tern Davis asked what type of retail would be located in the development. Mr. Thomas stated the purchaser of the property will be submitting to the Planning and Zoning Commission on the December 22, 1997, two retail pieces that are located on Midway Road. Mr. Thomas stated restaurants have also been contacted regarding this project. Mayor Pro Tern Davis asked if drive-thru restaurants are allowed on the Mobil site. Volume 76, page 114 Mr. Thomas replied they are allowed with a specific use permit. He stated the 34 acres described in the developer's agreement between the property owner and developer does not contain any of those uses. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 97-191 approving the Developer's Contract with Westerra, Parkside L.P. for Parkside Center. C.5 CONSIDER THE REQUEST OF WESTERRA, PARKSIDE L.P. FOR FINAL PLAT APPROVAL OF PARKSIDE CENTER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject property includes approximately 35 acres of undeveloped land located at the southwest corner of Spring Valley Road and Midway Road. The property is zoned Planned Development District No. 64. It has never been platted. The property is being platted to establish lots, street rights-of-way, and easements for utilities, fire lanes, and sidewalks. Approximately 3.4 acres will be dedicated for streets and 1 acre for open space and storm water detention. The remaining property will be developed for multi-family residential, office, retail, and hotel uses. The final plat is consistent with the preliminary plat and conceptional site plan as approved by the Planning & Zoning Commission on July 28, 1997 and the conceptional site plan as approved by City Council on August 18, 1997. The plat complies with all City requirements for final plat approval. A Developer's Contract for Parkside Center is another item on this agenda. The Planning & Zoning Commission unanimously recommends that the final plat be approved. There being no discussion, a motion by Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye," approved the final plat for Parkside Center. C.6 CONSIDER ADOPTING RESOLUTION NO. 97-195 APPROVING THE FINAL PLAT OF VIVIAN FIELD MIDDLE SCHOOL AND TAKE APPROPRIATE ACTION. Volume 76, page 115 Mayor Phelps presented the following information. The subject property is a 12.97 acre tract of land located at the southwest corner of Richland Avenue and Dennis Lane. The property is zoned One- Family Residence District 6. Vivian Field Middle School plans to add a new cafeteria to the southern portion of the complex and is converting the existing cafeteria to classrooms. The property has never been platted and is now being platted to dedicate fire lanes and right-of-way corner clips along Richland Avenue at Goodwater Street and at Dennis Lane. Staff has reviewed the plat, and it is consistent with the preliminary plat as approved by Planning and Zoning on September 29, 1997. The Carrollton-Farmers Branch Independent School District has requested that the platting fees totaling $1,135 be waived. The Planning & Zoning Commission recommends, by unanimous vote, that the plat be approved. Mr. Ricardo Ordonez, Hennessey Engineering, 1409 3rd Street, Carrollton, representing Carrollton-Farmers Branch Independent School District, stated he would be available to answer any questions. Mr. Escalante explained the difference between Versions A and B of Resolution No. 97-195 outlined by the Planning and Zoning Commission. There being no further discussion, a motion by Councilman Grubbs, seconded by Councilman Moses, all voting "aye, adopted Resolution No. 97-195 (Version A) approving the final plat for Vivian Field Middle School and waiving the platting fees. D.1 CONSIDER ADOPTING ORDINANCE NO. 2366 ADOPTING POLICIES CONCERNING NON-RESIDENT USE OF LIBRARY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. At the December 1, 1997 City Council meeting, W.T. White High School students participating in the City's Student Government Day recommended that the Manske Library's non-resident fee policy be waived for students attending their school. The City Council directed staff to prepare the appropriate ordinance for City Council consideration to allow all non- resident W.T. White High School students to obtain library cards at no cost to students. Volume 76, page 116 In 1982, the City Council voted to charge a non-resident fee to residents of those cities that charge Farmers Branch residents a fee. An exception to this fee was for elementary and secondary school students who attend school in Farmers Branch. Library cards are also provided at no charge to the owner or manager of businesses within the City regardless of where they live. At their December 4 meeting, the Library Board stated their support of the City Council approval to waive the non-resident fee for students attending W.T. White High school. The Library Director recommends adopting Ordinance No. 2366 adopting policies concerning non-resident use of the Library. Mayor Pro Tern Davis suggested a letter be sent to the W.T. White High School student government day participants explaining the City Council adopted their recommendation. A motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," adopted the following captioned Ordinance No. 2366 adopting policies concerning non-resident use of the Farmers Branch Manske Library including the waiving of fees for W.T. White High School students. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING POLICIES CONCERNING NON-RESIDENT USE OF LIBRARY BY AMENDING THE CITY CODE CHAPTER 16 SECTION 16-7, AND DECLARAING AN AFFECTIVE DATE. D.2 CONSIDER ADOPTING RESOLUTION NO. 97-190 AUTHORIZING THE PURCHASE OF VIDEO TRAFFIC MONITORING EQUIPMENT FOR THE INCIDENT DETECTION AND RESPONSE PROJECT FROM ALFORD MEDIA SERVICES INCORPORATED AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Incident Detection and Response Project is budgeted in the 1997-98 DART Local Assistance Program Budget in the amount of $360,350. The project includes an allocation of $150,000 for the purchase of video monitoring equipment. Twenty-four companies obtained specifications for the video monitoring equipment. Three proposals were received and opened on November 13, 1997. Volume 76, page 117 The proposals have been analyzed by City staff and negotiations have been conducted with two of the companies that submitted proposals. The third company's proposal addressed only two of the required seventeen bid items and is considered non-responsive. The best proposal was submitted by Alford Media Services, Inc. in the amount of $97,395.93. The Traffic Engineer and the City Engineer recommend adopting Resolution No. 97-190 authorizing the purchase of video traffic monitoring equipment from Alford Media Services, Inc. in the amount of $97,395.93. Mayor Phelps asked if there was anyone wishing to speak on this agenda item. No one came forward. Mr. Escalante stated for the record he received a letter from bidder Ridgemont Electronics which raised a few issues. He stated a copy of the letter was submitted to the City Attorney and to each Councilmember. Mr. Escalante also stated the Council did discuss the letter during the Study Session Meeting. There being no further discussion, a motion by Councilman Grubbs, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 97-190 authorizing the purchase of video traffic monitoring equipment from Alford Media Services, Inc. D.3 CONSIDER ADOPTING RESOLUTION NO. 97-186 AWARDING A BID FOR THE ANNUAL SUPPLY OF READY-MIX CONCRETE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Bid requests for the purchase of the annual supply of ready-mix concrete were sent to five vendors. Three bids were received and opened on November 24, 1997 and all bids met specifications. Redi-Mix, Inc. submitted the lowest bid meeting specifications in the amount of $50.00 per cubic yard for regular strength concrete picked up, $56.00 per cubic yard for high strength concrete picked-up, $58.00 per cubic yard for regular strength concrete delivered, and $64.00 per cubic yard for high strength concrete delivered. Volume 76, page 118 Funds in the amount of $64,750.00 are available in the 1997-1998 Public Works operating budget and $10,000.00 is available in the 1997-1998 Parks and Recreation operating budget for a total amount of $74,750.00. The Director of Public Works and the Director of Parks and Recreation recommend adopting Resolution No. 97-186 awarding a bid for the purchase of the annual supply of ready-mix concrete to Redi-Mix, Inc. for a total amount not to exceed $74,750.00. Councilman Grubbs asked if the City could piggyback with the County to purchase redi-mix concrete to receive a better price. Mr. Mark Pavageaux, Director of Public Works, stated the County does not purchase concrete. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 97-186 awarding a bid for the purchase of the annual supply of ready-mix concrete to Redi-Mix Inc. for a total amount not to exceed $74,750.00. D.4 CONSIDER ADOPTING RESOLUTION NO. 97-187 AWARDING A BID FOR THE PURCHASE OF A SUPPLY OF TYPE "D" ASPHALT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Bid requests for the purchase of a supply of Type "D" Asphalt were sent to two vendors. Two bids were received and opened on November 24, 1997 and both bids met specifications. Bids are based on estimated quantities since needs for the material fluctuate. Marock Inc. submitted the lowest bid at a unit price bid of $20.00 per ton. Funds in the amount of $75,000.00 are available in the 1997- 1997 Public Works operating budget for this purchase. The Director of Public Works recommends adopting Resolution No. 97- 187 awarding a bid for the purchase of a supply of Type "D" Asphalt for a unit price of $20.00 per ton, with the total purchase not to exceed $75,000.00. Mayor Phelps stated the business selected to deliver asphalt would need to be located close to the City so the asphalt will remain hot. Volume 76, page 119 There being no further discussion, a motion by Councilman Moses, seconded by Councilman Grubbs, all voting "aye," adopted Resolution No. 97-187 awarding a bid for the purchase of a supply of type "D" Asphalt for unit price of $20.00 per ton, with the total purchase not to exceed $75,000.00. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION EXPLANATION. Mr. Escalante stated he attended a meeting of the Innovation Group last week. He stated he chairs the Texas Innovation Group and coordinates group activities in Texas. The meeting was held for the Board to plan a conference that will be held on Transforming Government to include sessions on Changes that Government will be Facing in the Future. They also conducted other business. Mr. Escalante stated he is involved because the Innovation Group will be hiring a person to coordinate training for the region. He stated there are a number of training programs held at City Hall for the region and he would like to continue this practice. He stated this group provides a number of training programs that keep city employees current on new technology. D.6 CITIZEN PARTICIPATION. Mr. Nick Korba, 13210 Shahan, stated the building on Tanglewood and Brookhaven has not been removed as promised. Mayor Phelps stated he could not discuss this issue but he did speak to the owner of the property. The owner stated he is removing his belongings and will be removing the building. Mayor Phelps stated the owner is also interested in selling the building. Mr. Korba stated on Spring Valley there are weeds six feet tall and now we have construction going on and people are walking in the street. Mayor Phelps asked where on Spring Valley. Mr. Korba replied by the apartments close to the bridge. He stated there was an accident and he is concerned the City will be liable. Mayor Phelps stated staff will check into the situation. Volume 76, page 120 Mr. Korba commented there still is no sidewalk in front of the Library. He stated he was promised a year ago the Library would have a sidewalk so residents could walk to the Library. Mr. Escalante stated the sidewalk project is in the City's budget and in the Public Works work plan. Mr. Jerry Murawski, City Engineer, stated the design is almost completed and will go out for bids after the new year. Mr. Korba stated on the southeast corner of the Library the sidewalk is sunken over six inches. He is concerned the Library will flood with any rain fall. Mayor Phelps stated staff will look into the matter. Mayor Phelps wished everyone a Merry Christmas, Happy New Year, and a very safe holiday season. 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 7:20 P.M. AND CONCLUDED AT 7:28 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 APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD. 2. DISCUSS APPOINTMENTS TO THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION. 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 LAND ACQUISITION OF REAL PROPERTY LOCATED AT 13109 BEE STREET. Volume 76, page 121 Mayor Phelps stated staff gave a report on possible land acquisition. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on personnel matters. A motion by Mayor Pro Tern Davis, a second by Deputy Mayor Pro Tern Bird, all voting "aye", reappointed Glenna Grimmer, Ron Doerler, Jackie Deaton and Betty Thacker to the Historical Preservation and Restoration Board for a term to expire January 1, 2000. A motion by Deputy Mayor Pro Tern Bird, a second by Councilman Moses, all voting "aye", reappointed Richard Escalante, Charles Cox, and John Burke to the North Dallas County Water Supply Corporation for a term to expire January 1, 2001. 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 Councilman Robbs, all voting "aye", approved the deposit of $50,000 into the Dallas County Court registry or in lieu authorize the City Manager to extend a $50,000 offer to the property owners to acquire the property addressed as 13109 Bee Street. F.1 ADJOURNMENT. A motion by Councilman Grubbs, a second by Deputy Mayor Pro Tern Bird, all voting "aye," adjourned the City Council meeting of December 15, 1997, at 8:52 p.m. Mayor City Secretary Volume 76, page 122