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2000-02-05 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, February 5, 2001 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Bob Phelps Bill Moses Jim Robbs Calla Davis Charlie Bird Paul Walden The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Groomer Assistant City Manager John Burke Assistant to City Manager John Roach City Attorney John Boyle City Secretary Cindee Peters Director of Economic Development Norma Nichols Communication Director Tom Bryson Director of Community Services Michael Spicer City Engineer Jerry Murawski Director of Parks & Recreation Jeff Fuller Director of Equipment Services Don Moore Library Director Mary Jane Stevenson Police Chief Jimmy Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of February 5, 2001 to order at 7:30 P.M. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Bird gave the invocation and Councilwoman Davis led the pledge of allegiance to the flag. Mayor Phelps presented John Burke, Assistant City Manager, with a certificate from Balcones Recycling for the City's efforts in recycling. Volume 85, page 80 A.2 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.3 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. Jim Olk, Building Official, gave a presentation regarding the code enforcement program and performance measures for the first quarter in FY 1999 - 2000. Included was a brief history on housing conditions and property appearance. Mr. Olk gave the following performance measure outline report for the first quarter in FY 1999 - 2000 and a brief history on housing conditions and property appearance as reported to the City Council at previous meetings. 1995 Housing Condition Survey 070% in Good Repair 029% Needing Minor Repair 91 % Needing Major Repair • 1 Structure Dilapidated 1998-99 Housing Condition Survey 091 % in Good Repair 08% Needing Repair • 1 % Needing Major Repair • 1 Structure Dilapidated 1998-99 Property Appearance Survey 072% of the Residential Properties had no property appearance violations. 028% of the Residential Properties has 1 or more property appearance violations. 1998-99 Enforcement District Survey Results *District results varied widely. •Some districts had 95% of the properties with no violations *Some districts had 95% of the properties with 1 or more property appearance violations. Brief update on the recent changes made to the Code Enforcement Program based on the property condition surveys and established policies and practices. Volume 85, page 81 Procedural Changes -Reduced the minimum number of days from 10 to 7 for violation notices on items similar to high grass and outside storage. -Eliminated the Certified Mailing Requirement -Eliminated the second notices on most cases. Staffing Changes -Added an additional Code Enforcement Officer in the 1999-00 budget. -Total 4 Full time Code Enforcement Officers -Added permanent clerical staff for Code Enforcement this budget year. CDBG Funds used for Code Enforcement -1998-99 -$50,000 = 1 Full time Code Enforcement Officer salary. -1999-00 -$25,000 = funds '/2 Qbde Enforcement Officer salary. -2000-01 -$23,000 = funds %2 Cbde Enforcement Officer salary. Increased Proactive Inspections -Semi-Monthly proactive inspections in districts -2, 3, 5, 6, 20, 24 & 30 -Quarterly proactive inspections in districts -4, 7, 10, 12, 13, 15, 17, 18, 19, 21 & 23 -Semi- Annual proactive inspections in districts -1, 8, 9, 11, 14, 16, 25, 26, 27, 28, 29 & 31 1999 Performance Measures presented to the City Council were as follows: 1999 Performance Measures (P.M.) 070% compliance following first notice. 019% compliance following second notice. 010% compliance following citations. 01 % required special enforcement to obtain compliance Following the installation of the permit and code enforcement tracking software the Performance Measures have changed slightly. We are now able to calculate the number of days between finding a violation and correction of the violation. The first quarter of FY 1999-2000 code enforcement measures are as follows. Volume 85, page 82 Performance Measures - First Quarter of FY 2000-01 •31 % compliance 1-9 Days (D) 042% compliance 10-19 D or 73% in 1-19 D •10% compliance 20-29 D or 88% in 1-29 D 010% compliance 30-39 D or 93% in 1-39 D 02.5% compliance 40-49 D or 95.5% in 1-49 • 1 % compliance 50-59 D or 96.5 % in 1-59 D •2% compliance 60-69 D or 98.5% in 1-60 D 91.5% compliance in over 70 Days. Citations Issued • 1998 - 271 Citations Issued 01999 - 251 Citations Issued 02000 - 707 Citations Issued Councilman Walden asked Mr. Olk to elaborate on the discontinuation of second notices and the use of door hangers. Mr. Olk stated when the City leaves a door hanger they consider it a first notice. Staff uses a door hanger for quicker compliance. If there is no compliance in a day or two, staff sends out a formal notice. Mr. Olk stated the City's ordinance requires mailing a formal notice prior to issuing a citation. John Wells, 13525 Heartside Place, commended Mr. Olk and the Community Services Department for their efforts in improving the City. He also asked what the initials CDBG meant. Mayor Phelps replied "Community Development Block Grant," through Dallas County. Nick Korba, 3210 Shahan, asked if the City owned Penguin Plaza. Mr. Escalante replied yes. Mr. Korba asked if the center should all be bulldozed down because of the safety hazards caused by the fire last year. John Burke, Assistant City Manager, stated the environmental work has been done on the property to find out where the asbestos is and if there are any environmental problems. He stated specifications have been put together to go out for bids for the remediation of the environmental problems and demolition. He stated Council would be awarding the bid probably in March or April. Mr. Korba asked if citizens are allowed this much time. Mr. Burke replied when doing environmental work, yes. Volume 85, page 83 Mr. Korba asked why it takes the City so long to get something done. L I Mayor Phelps stated the City needs to following certain rules and regulations. Mr. Escalante stated the City did not own the property when the fire occurred. The City purchased the property after the fire occurred and the federal regulations requires the City to go through the asbestos abatement process before the City can have the building demolished. He stated it is the same process that a private property owner would have to go through. Mr. Burke stated the City purchased the property in August 2000 and has done due diligence and followed through with everything that has to be done. Councilman Robbs commented that the most important aspect of the Code Enforcement Program put into effect four or five years ago is working successfully. He stated the City works on a friendly basis with homeowners that are having problems meeting the City's code enforcement. Mayor's Announcement Mayor Phelps announced the Community Meetings would be held on Tuesday, March 27, 2001 at the Manske Library and March 29, 2001 at the Senior Center. f: B. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION: B.1 - B.3. 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. A motion by Mayor Pro Tern Moses, seconded by Councilman Bird, all voting "aye," approved the consent agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JANUARY 22, 2001 AND TAKE APPROPRIATE ACTION. B.2 ADOPTED RESOLUTION NO. 2001-013 ACCEPTING A REQUEST FROM RESIDENTS TO ELIMINATE SIDEWALKS FROM THE TANGLEWOOD DRIVE RECONSTRUCTION PROJECT AND AUTHORIZING THE ELIMINATION OF SIDEWALKS FROM THE TANGLEWOOD DRIVE RECONSTRUCTION PROJECT. B.3 ADOPTED RESOLUTION NO. 2001-016 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CAROLYN C. CHANEY & ASSOCIATES, INC. TO PROVIDE FEDERAL LOBBYING AND INFORMATION SERVICES. 0 C.1 PUBLIC HEARING: CONSIDER ORDINANCE NO. 2582 OF THE CITY OF FARMERS BRANCH NOMINATING AN AREA AS AN ENTERPRISE AND REINVESTMENT ZONE PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT (TEXAS GOVERNMENT CODE, Volume 85, page 84 CHAPTER 2303) PROVIDING TAX INCENTIVES, DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREA DESCRIBED HEREIN, AND FURTHER DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONCE DESIGNATED BY THE TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. An Enterprise Zone is an economic development tool that allows a city to partner with the State to offer local and state benefits to new or expanding businesses within the zone. The purpose of the Texas Enterprise Zone program is to encourage job creation and capital investment in an area that meets certain criteria. In 1993, the State approved an Enterprise Zone for the City of Farmers Branch for a seven- year period. That Enterprise Zone expired on September 1, 2000. The program was successful in attracting several major companies to the City's west side including i2 Technologies, The Container Store, Sprint and Mindspring. A new six square mile geographic area has been identified that meets the criteria under the State statute. While the old Enterprise Zone was only on the west side of the City, the new area includes a large section of land east of Midway Road as well as the area primarily west of 1-35 connected by arterials. The proposed area also includes a residential area east of Josey, south of Fyke, west of Webb Chapel and north of Valwood. This will provide opportunities for companies locating or expanding on the east side of Midway the same package of incentives that will be available for the area west of 1-35. If the City Council nominates the area as a Enterprise Zone, the application will be forwarded to the State of Texas Economic Development Division for approval. The ordinance designates the Mayor as the City's authorized representative to act in all matters pertaining to the nomination and designation of the EZ and designates the Director of Economic Development as the liaison for communication with the Texas Department of Economic Development to oversee zone activities and communication with qualified business. Approval is anticipated within six weeks after the State receives the application. Staff recommends approval of Ordinance No. 2582. Mayor Phelps opened the public hearing. Norma Nichols, Director of Economic Development, stated the background memo covered some of the items required for the record; however, she would review those items that were not identified. Ms. Nichols was asked if a community can offer local incentives without an enterprise zone. She stated the City of Farmers Branch has a policy that offers tax abatement and tax rebate. She stated a community can offer certain incentives as allowed by state law. Enterprise zones, however, are simply a means of packaging a number of state and local incentives together to help revitalize a particular area of the City. Ms. Nichols stated the benefits of having an enterprise zone are to encourage companies to locate within that enterprise zone. The State Department of Economic Development Volume 85, page 85 reviews the enterprise zone in approximately 15 working days after submission. The application must be completed and the agreements executed between the Texas Department of Economic Development and the City of Farmers Branch within 60 working days. Enterprise zones are effective for seven years. Ms. Nichols stated there are some potential benefits to residential areas with approval of the enterprise zone. Companies have to commit to the State Department of Economic Development upon application to be considered an enterprise zone project that 25 percent of the new jobs that are created must be hired from residents within the enterprise zone or from socially economically disadvantaged persons. She stated she is anticipating companies will provide outreach programs to residents within the Farmers Branch Enterprise Zone. A motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," closed the public hearing. There being no further discussion, a motion by Councilman Walden, seconded by Councilwoman Davis, all voting "aye," adopted the following captioned Ordinance No. 2582. AN ORDINANCE OF THE CITY COUNCIL OF FARMERS BRANCH, TEXAS NOMINATING AN AREA AS AN ENTERPRISE ZONE PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT (TEXAS GOVERNMENT CODE, CHAPTER 2303); PROVIDING TAX INCENTIVES; DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREA DESCRIBED HEREIN AS AN ENTERPRISE ZONE AND REINVESTMENT ZONE (TEXAS TAX CODE, CHAPTER 312); AND FURTHER DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT ONCE DESIGNATED BY THE TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT. D.1 CONSIDER ADOPTING RESOLUTION NO. 2001-001 OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH SUPPORTING THE NOMINATION OF A TRACT OF LAND AS AN INDUSTRIAL AREA/COMMERCIAL IN FARMERS BRANCH, TEXAS, LOCATED GENERALLY SOUTH OF IH 635, EAST OF THE ELM FORK OF THE TRINITY RIVER, NORTH OF ROYAL LANE AND WEST OF THE UNION PACIFIC RAILWAY, AS AN INDUSTRIAL AREA/COMMERCIAL PURSUANT TO RULES ADOPTED BY THE TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT, DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION OF THE INDUSTRIAL AREA/COMMERCIAL; AND FURTHER DESIGNATING A LIAISON TO OVERSEE ACTIVITIES AND COMMUNICATIONS AND ACT ON ALL MATTERS PERTAINING TO THE INDUSTRIAL AREA/COMMERCIAL ONCE NOMINATED AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. An area south of 1-635 within the City of Farmers Branch is included in the proposed Enterprise Zone as identified in the prior Ordinance No. 2582. This acreage is part of Census Tract 99 that overlaps the cities of Farmers Branch and Dallas. The Enterprise program rules require that an industrial park may be included as part of an enterprise zone without averaging in the unemployment and poverty data. However, data will be required if part of the zone includes an area which is Volume 85, page 86 outside the industrial park but within the same census area. If the statistical data from the entire Census Tract 99 were included, the City of Farmers Branch could not meet the state requirements. Poverty data and unemployment data within the zone must be above the state average to qualify an area as an Enterprise zone. In order to include this area within the proposed Enterprise Zone, the applicant must provide documentation of official action taken by the governing body. Although this area is not considered an industrial park, documentation is required under the statute to designate this area as industrial area/commercial in order to avoid having to average the entire Census Tract 99 into the Enterprise Zone. If the City Council approves Ordinance No. 2582 establishing an area as a Enterprise Zone, this resolution will be a part of the application package submitted to the State of Texas Economic Development Department for consideration for a new Enterprise Zone. Staff recommends approval of Resolution No. 2001-001. There being no discussion a motion by Mayor Pro Tern Moses, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 2001-001. D.2 CONSIDER ADOPTING ORDINANCE NO. 2584 ISSUING THE ELECTION ORDER CALLING FOR A CITY COUNCIL ELECTION FOR PLACE 1 AND PLACE 4 ON MAY 5, 2001 AND TAKE THE APPROPRIATE ACTION. Mayor Phelps presented the following information. On May 5, 2001 an election for City Council Place 1 and Place 4 will be held at the Farmers Branch Manske Library, 13613 Webb Chapel Road, and Crosby Road Recreation Center at 1610 Crosby Road, Carrollton, Texas. Place 1 and Place 4 will serve a three-year term. Early voting will be held in City hall beginning April 18, 2001 and ending May 1, 2001. The hours for early voting will be 8:00 a.m. to 5:00 p.m., Monday through Friday. The city hall will be open on Saturday, April 28, 2001 from 8:00 a.m. to 5:00 p.m. and Sunday, April 29, 2001 from 1:00 p.m. to 6:00 p.m. On April 30, 2001 and May 1, 2001 the hours for voting will be 7:00 a.m. to 7:00 p.m. for the convenience of the citizens to vote early. The City Secretary recommends the issuance of the Election Order by adopting Ordinance No. 2584. There being no further discussion, a motion by Councilman Robbs, seconded by Councilwoman Davis, all voting "aye," adopted the following captioned Ordinance No. 2584 issuing the Election Order calling for a City Council Election for Place 1 and Place 4 to be held on May 5, 2001. THE STATE OF TEXAS COUNTY OF DALLAS CITY OF FARMERS BRANCH ORDER CALLING AN ELECTION FOR COUNCIL MEMBER PLACE 1 AND COUNCIL MEMBER PLACE 4. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Volume 85, page 87 A motion by Councilwoman Davis, seconded by Councilman Robbs, all voting "aye" approved any necessary travel for the Mayor, City Council, and City Manager to go to Austin or Washington for any upcoming transportation and legislature issues. D.4 CITIZEN PARTICIPATION. John Wells, 13525 Heartside, asked why the City calendars were late this year. Mr. Escalante replied the City calendars were ready in late December and were available at the front counter of City Hall. Nick Korba, 3210 Shahan, asked if it would be possible to inform the public when the City purchases and sells property. Mr. Escalante replied it is reflected in the minutes and announced at the Council meeting after Executive Session. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:55 P.M. AND CONCLUDED AT 7:12 P.M. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1a DISCUSS ECONOMIC DEVELOPMENT - TEXAS GOVERNMENT CODE SECTION 551.086. 1. The City Council and City Administration shall go into Executive Session to discuss and deliberate commercial and financial information received from a business prospect, the City seeks to have located and expand in the City with which business the City is conducting economic development negotiations and take appropriate action. Mayor Phelps explained staff was present to discuss this item with the City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated City Council was updated on items in Executive Session and no action was necessary. II~ F.2. ADJOURNMENT. A motion by Councilman Bird, a second by Councilman Walden, all voting "aye", adjourned the City Council meeting of February 5, 2001 at 8:12 p.m. :l + r~ 4., Mayor City Secretary Volume 85, page 88