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2000-02-21 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING FEBRUARY 21, 2000 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Bob Phelps Jim Robbs Calla Davis Bill Moses Paul Walden Charlie Bird The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Groomer Assistant City Manager John Burke City Attorney John Boyle City Secretary Cindee Peters Economic Development Director Norma Nichols Director of Community Services Michael Spicer Director of Equipment Services Don Moore City Engineer Jerry Murawski Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Library Director Mary Jane Stevenson Police Chief Jimmy Fawcett Deputy Fire Chief Ronnie Inman Director of Public Works Mark Pavageaux Assistant to the City Manager John Roach Assistant to the City Manager Margaret Somereve Traffic Engineer Dave Davis Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council Meeting of February 21, 2000 to order at 7:35 P.M. The meeting was televised. Volume 82, page 94 A.1 INVOCATION. Councilman Bird gave the invocation and Mayor Pro Tern Robbs led the pledge of allegiance to the flag. A.2 PROCLAIM FRIDAY, MARCH 10, 2000, AS "THE CARROLLTON- FARMERS BRANCH ISD EDUCATIONAL FOUNDATION NO RUN, FUN RUN DAY" IN THE CITY OF FARMERS BRANCH, TEXAS Mayor Phelps presented a proclamation to Board members of the Educational Foundation for the Carrollton/Farmers Branch Independent School District, proclaiming Friday, March 10, 2000, as the "Carrollton- Farmers Branch ISD Educational Foundation No Run, Fun Run Day" in Farmers Branch. A.3 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a 15-year employee service award to James Stephens of the Police Department. Mayor Phelps presented a 20-year employee service award to Richard Newland of the Public Works Department. A.4 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.5 REPORT ON STUDY SESSION ITEMS. Mayor Phelps gave a brief summary of the items discussed in Study Session prior to the regular meeting. B CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.10. Mayor Phelps stated 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. r A motion by Mayor Pro Tern Robbs, seconded by Councilman Bird, all voting "aye," approved the Consent Agenda. Volume 82, page 95 B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF FEBRUARY 7, 2000. B.2 APPROVED THE REQUEST BY MEANS INTEREST ON BEHALF OF COLINAS CROSSING LP, FOR SITE PLAN OF A BASKETBALL COURT FACILITY, A PORCH, AND LANDSCAPING IMPROVEMENTS LOCATED AT 11701 LUNA ROAD AND 11611 LUNA ROAD WITHIN PLANNED DEVELOPMENT NO. 60. B.3 ADOPTED RESOLUTION 2000-019 APPROVING AN AGREEMENT WITH THE TOWN OF ADDISON FOR CONSTRUCTION OF A NEW STREET EAST OF INWOOD ROAD. B.4 ADOPTED RESOLUTION NO. 2000-023 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXCLUSIVE LISTING AGREEMENT WITH HENRY S. MILLER COMMERCIAL FOR PROPERTY LOCATED AT 12800 N. STEMMONS FREEWAY, FARMERS BRANCH, TEXAS. B.5 ADOPTED RESOLUTION NO. 2000-034 SUSPENDING TXU ELECTRIC'S PROPOSED TARIFF REVISIONS. B.6 ADOPTED RESOLUTION NO. 2000-035 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH F. MASON AND ASSOCIATES TO PREPARE A MASTER PLAN FOR THE MANSKE LIBRARY. B.7 ADOPTED RESOLUTION NO. 2000-016 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH VISION SOFTWARE FOR THE PURCHASE OF THE MUNICIPAL COURT MANAGEMENT SOFTWARE AND RELATED INTEGRATION SERVICES. B.8 ADOPTED RESOLUTION NO.2000-033 AWARDING THE BID FOR CLEANING AND SEALING OF JOINTS AND CRACKS IN STREETS AT VARIOUS LOCATIONS TO PAVEMENT SPECIALISTS, INCORPORATED. B.9 ADOPTED RESOLUTION NO. 2000-041 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH DOW, COGBURN & FRIEDMAN FOR PROFESSIONAL SERVICES RELATIVE TO AN OPEN VIDEO SYSTEM FRANCHISE. B.10 ADOPTED RESOLUTION NO. 2000-040 RESCINDING CONTRACT WITH DMG MASONRY AND AWARDING Volume 82, page 96 CONTRACT WITH SOUTHWEST LATH AND PLASTER FOR FARMERS BRANCH JUSTICE CENTER PHASE II. C.1 CONSIDER REQUEST BY HAROLD A. POLLMAN FOR FINAL PLAT APPROVAL OF THE COURTYARDS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Courtyards is a 5.06 acre tract of land located at the southwest corner of Valley View Lane and Marsh Lane. The proposed development is a gated residential subdivision containing 23 lots. The final plat dedicates a private street with controlled mutual access, utility, street, and alley easements, landscape and screening wall easements, and a private drainage easement. The plat is consistent with the City requirements for final plat approval and the site plan approved by City Council on October 18, 1999. The property owner and subsequent homeowners' association will be responsible for maintenance and operation of various easements, which are identified on the plat. C The Planning & Zoning Commission recommends that the final plat for The Courtyards be approved. There being no discussion, a motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," approved the final plat for The Courtyards. D.1 CONSIDER ADOPTING RESOLUTION NO. 2000-036 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CARROLLTON-FARMERS BRANCH BOYS AND GIRLS CLUB TO USE SPACE ON AN INTERIM BASIS IN THE RECREATION ANNEX AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. For the past three years the Carrollton-Farmers Branch Boys and Girls Club has operated from the Thomas Center in Carrollton. Recently, it was determined that the Thomas Center contained asbestos, and the City of Carrollton directed the Boys and Girls Club to immediately cease operations in the building. The Carrollton City Council decided to mitigate the asbestos and offered the Club the use of the Crosby Recreation Center while work was progressing on the Thomas Center. Since December, the Boys and Girls Club has operated from Crosby Recreation Center, but would like to use the Recreation Annex for its Volume 82, page 97 base operations from the execution of this agreement until May 19, 2000. The Thomas Center is scheduled to be back on line by June 1, and on May 26 the Annex will be taken over for use by the Summer Funshine Program. The City has several reservations and rentals for the Annex already in place. The Boys and Girls Club operation would be required to program around those reservations, rentals, and any other uses for City programs. A proposed Agreement, as submitted, would provide the Boys and Girls Club with use of the entire Recreation Annex space. The Club would be allowed use of programming and office space, plus furniture and utilities at no cost, but would be responsible for long distance telephone expenses. The potential benefit for Farmers Branch is the convenience of access for local teens to the Boys and Girls Club programs that has not been as accessible at the Carrollton location. The Director of the Parks and Recreation Department recommends adoption of Resolution No. 2000-036 authorizing the City Manager to enter into an agreement with the Carrollton-Farmers Branch Boys and Girls Club for use of the Recreation Annex. Councilman Robbs asked Beverly Foster representative for the Carrollton- Farmers Branch Boys and Girls Club if they were in agreement with the terms and conditions. Ms. Foster replied they were in agreement with the terms and conditions. There being no further discussion, a motion by Mayor Pro Tern Robbs, seconded by Councilwoman Davis, all voting "aye," adopted Resolution No. 2000-036 authorizing the City Manager to enter into an agreement with the Carrollton-Farmers Branch Boys and Girls Club for use of the Recreation Annex. D.2 CONSIDER ADOPTION OF ORDINANCE NO. 2524, WHICH REGULATES THE PARKING OF VEHICLES ON UNIMPROVED SURFACES IN ALL ZONING DISTRICTS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. It has come to the attention of the City Council that the regulations controlling the parking of vehicles on narrow streets without curbs creates a substantial inconvenience, as well as a potential hazard for residents living on these Volume 82, page 98 streets. When residents park their cars in the street it effectively blocks the street, due to the narrow pavement. Citizens that reside on these narrow streets will commonly park on or near the edge of the street such that all or a portion of the vehicle may rest on an unimproved surface of gravel or grass. The current ordinance prohibits vehicles from parking in the grass or off an improved surface. Consequently, on-street parking is effectively precluded. The proposed ordinance would allow vehicles to be parked just off of the pavement next to these curbless, narrow streets. This change will only affect twenty streets. The ordinance will not change the provisions that prohibit a vehicle from blocking a sidewalk or parking in the grass up in the front yard. The proposed ordinance will also make allowance for temporarily parking on unimproved surfaces during special events. It is recommended that the City Council adopt Ordinance No. 2524. There being no discussion, a motion by Councilman Bird, seconded by Mayor Pro Tern Robbs, all voting "aye," adopted the following captioned Ordinance No. 2524, which regulates parking on unimproved surfaces. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING SECTION 3 SUBSECTION 8 OF THE VEHICLE PARKING CODE; REGULATING PARKING ON UNIMPROVED SURFACES IN ALL ZONING DISTRICTS AND INCLUDING PUBLIC PROPERTY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00); PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. D.3 CONSIDER ADOPTION OF ORDINANCE NO. 2523 AMENDING THE NOTIFICATION PROVISIONS OF THE PROPERTY MAINTENANCE CODE OF THE CITY OF FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City has attempted to improve its response to property maintenance code violations. Frequently the City is not able to obtain compliance as fast as the neighbors or the City would like. One area that was identified as an obstacle to prompt enforcement is the process the City follows to notify property owners of code violations. The City currently sends notices certified mail and gives at least ten days notice to comply. The City does not currently proceed with further action until confirmation of Volume 82, page 99 delivery is received. These notification provisions can add as much as fifteen days to the notification process required by State law. As part of a comprehensive approach to improving response to the community on property maintenance violations Ordinance No. 2523 has been drafted. The proposed Ordinance will amend the Property Maintenance Code by reducing the required notification time from ten to seven days and allowing for notices to be mailed via first class mail. This change should help obtain quicker compliance. It is also proposed that the Property Maintenance Code be amended to require a notice to be sent to a property owner who allows a nuisance to continue and to allow the posting of a vacant lot with a sign when the owner cannot be located. It is recommended that the City Council adopt proposed Ordinance No. 2523. There being no discussion, a motion by Councilman Walden, seconded by Councilwoman Davis, all voting "aye," adopted the following captioned Ordinance No. 2523, which amends the notification provisions in the Property Maintenance Code. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING SECTION 14 THE PROPERTY MAINTENANCE CODE; ESTABLISHING NOTIFICATION REQUIREMENTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. D.4 CONSIDER ADOPTING RESOLUTION NO. 2000-027 AUTHORIZING THE EXECUTION OF A CITY-COUNTY AGREEMENT WITH THE COUNTY OF DALLAS TO PERFORM ROTO-MILLING SERVICES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. As part of the 1999- 2000 annual resurfacing program, a City-County Agreement has been prepared for Dallas County to perform roto-milling services on selected streets within the City. The roto-milling, prior to resurfacing, removes the old asphalt or provides a wedge in the concrete gutter in order to maintain the drainage capacity of the street. Sections of streets to be milled include: Dex, Olin, Enterprise, Gardenbrook, Langland, McEwen, Towerwood, Venture, Welch, BeVann, Gillis, Golfing Green, Green Acres, Joanna, Keyport, Volume 82, page 100 Longmeade, Mapledale, Myra, Selma, Shahan, Tanglewood, Topaz, Veronica, Welch, and Winterhaven. The County will roto-mill the existing asphalt or concrete surface, estimated at 90,000 square yards, for a cost of $1.50 per square yard. Upon completion of the roto-milling, the streets will be resurfaced with one and one-half inch to two inches of asphalt as part of the City's Street Resurfacing Program. The estimated cost for the roto-milling is $135,000. The Street Resurfacing program is budgeted in the Non-Bond Capital Improvement Fund with available funds in the amount of $1,228,000. Staff recommends adopting Resolution No. 2000-027 authorizing the execution of a City-County Agreement with the County of Dallas to perform roto-milling services. There being no discussion, a motion by Mayor Pro Tern Robbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2000- 027 authorizing the execution of a City-County Agreement with the County of Dallas to perform roto-milling services. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Phelps stated he and Mr. Escalante would be traveling to Washington, D.C. to discuss DART funding with congressional representatives. Mayor Phelps stated he would like to recommend the Mayor, City Council and City Manger be authorized to travel to Washington, D.C. regarding DART funding for the rest of the year. A motion by Councilman Bird, seconded by Councilwoman Davis, all voting "aye", authorized the Mayor, City Council, and City Manager to travel to Washington, D.C. regarding DART funding for the remainder of the year if necessary. Mr. Escalante explained he was going to discuss this issue with the congressional representatives during the National League of Cities Conference but because of the primary being held during the conference, the Texas delegation would not be available. Mr. Escalante also stated if a decision is made by DART on February 22, 2000. The City's lobbyist recommended that City officials go to Volume 82, page 101 Washington. The City officials would inform both administration and the congressional delegation as to the results of DART's actions and the City's intent to seek funding has a high priority in future years. Mr. Escalante stated the City would stay on top of the issue because if the Major Investment Study identified Union Pacific as the primary route, the City will make sure the funding follows that determination. D.6 CITIZEN PARTICIPATION. Mr. John Wells, 13521 Heartside Place, expressed concern about the sidewalk in the handicapped parking area in front of City Hall. He feels it is hazardous and should be repaired. Mr. Escalante stated Mr. Pavageaux would discuss this matter with him after the meeting. Mr. Wells also suggested the City needed to add flyers in the water bills informing residents of the various activities the city has to offer. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:59 P.M. AND CONCLUDED AT 7:27 P.M. FOR THE 7:30 P.M. GENERAL SESSION. TEXAS GOVERNMENT CODE CHAPTER 51 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 LAND ACQUISITION -TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS LAND ACQUISITION OF PROPERTY BOUNDED BY HUTTON DRIVE, SENLAC DRIVE AND ACADEMY LANE. 2. DISCUSS LAND ACQUISITION OF PROPERTY BOUNDED BY SENLAC DRIVE, VALLEY VIEW LANE AND NICHOLSON ROAD. 3. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT 2308 JETT STREET, 2311 JETT STREET, 13302 STEMMONS FREEWAY, AND 2425 VALLEY VIEW LANE. 4. DISCUSS LAND ACQUISITION IN OLD FARMERS BRANCH. Mayor Phelps stated City Staff updated the City Council on land acquisition. E.1 b DISCUSS PENDING AND CONTEMPLATED LITIGATION - Volume 82, page 102 TEXAS GOVERNMENT CODE - SECTION 551.071 1. DISCUSS LITIGATION RELATIVE TO R.C. SMALL AND ASSOCIATES, INC. V. CITY OF FARMERS BRANCH, AND AN AGREEMENT WITH R.C. SMALL AND ASSOCIATES, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps stated the City Council was updated on litigation by City staff and the City Attorney. E.2 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported the City Council was updated on land acquisition and litigation. No action was necessary. F.1 ADJOURNMENT. A motion by Councilman Bird, a second by Councilwoman Davis, all voting "aye", adjourned the City Council meeting of February 21, 2000, at 8:12 P.M. Mayor City Secretary Volume 82, page 103