Loading...
1998-12-07 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING DECEMBER 7, 1998 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Bob Phelps Charlie Bird Berry Grubbs Calla Davis Bill Moses Jim Robbs The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Groomer Assistant City Manager John F. Burke City Attorney John Boyle City Secretary Cindee Peters Equipment Services Director Don Moore Economic Development Director Norma Nichols Director of Community Services Tom Scales Director of Planning Michael Spicer City Engineer Jerry Murawski 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 Assistant to the City Manager Margaret Somereve Assistant to the City Manager John Roach Traffic Engineer Dave Davis Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council Meeting of December 7, 1998 to order at 7:37 P.M. The meeting was televised. A.1 INVOCATION. Volume 79, page 55 Councilman Moses gave the invocation and Mayor Pro Tern Bird led the pledge of allegiance to the flag. A.2 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a 15-year employee service award to Mike Blum of the Police Department. A.3 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.4 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.1 1. 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 Bird, seconded by Councilwoman Davis, all voting "aye," added Agenda Items D.5 and D .6 to the Consent Agenda. A motion by Mayor Pro Tern Bird, seconded by Councilman Robbs, all voting "aye," adopted the amended Consent Agenda and amended B.10, with new document Resolution No. 98-167. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF NOVEMBER 16, 1998. B.2 APPROVED MINUTES OF THE SPECIAL COUNCIL MEETING OF NOVEMBER 23, 1998. B.3 ADOPTED RESOLUTION NO. 98-157 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE DALLAS SYMPHONY ORCHESTRA FOR A POPS CONCERT, SATURDAY, Volume 79, page 56 JUNE 5, 1999 AT 8:00 P.M. IN AN AMOUNT NOT TO EXCEED $29,000. B.4 ADOPTED RESOLUTION NO. 98-163 APPROVING AN AMENDMENT NO. 1 TO THE DEVELOPER'S CONTRACT WITH WESTERRA PARKSIDE L.P. RELATIVE TO PARKSIDE CENTER ADDITION. B.5 ADOPTED ORDINANCE NO. 2440 PROHIBITING PARKING ON EASTBOUND FYKE ROAD, ADJACENT TO 2730 FYKE ROAD; AND PROVIDING FOR A PENALTY CLAUSE AND PROVIDING FOR A SEVERABILITY CLAUSE. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS PROHIBITING PARKING ON EASTBOUND FYKE ROAD, ADJACENT TO 2730 FYKE; PROVIDING A PENALTY; AND PROVIDING A SEVERABILITY CLAUSE. B.6 ADOPTED ORDINANCE NO. 2439 PROHIBITING PARKING ON THE NORTH SIDE OF MCEWEN ROAD FROM MIDWAY ROAD TO A POINT 700 FEET TO THE EAST. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS PROHIBITING PARKING ON MCEWEN ROAD FROM MIDWAY ROAD TO A POINT 700 FEET TO THE EAST; PROVIDING A PENALTY; AND PROVIDING A SEVERABILITY CLAUSE. B.7 ADOPTED ORDINANCE NO. 2445 GRANTING A REVOCABLE LICENSE TO NEXTLINK TEXAS TO OCCUPY, MAINTAIN AND UTILIZE CERTAIN PUBLIC RIGHTS-OF-WAY. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, GRANTING A REVOCABLE LICENSE TO NEXTLINK TEXAS TO OCCUPY, MAINTAIN AND UTILIZE CERTAIN PUBLIC RIGHTS-OF-WAY WITHIN THE LIMITS OF THE CITY OF FARMERS BRANCH FOR THE PURPOSE OF THE INSTALLATION AND MAINTENANCE OF FIBER-OPTIC TELECOMMUNICATION CABLES; PROVIDING FOR THE TERMS AND CONDITIONS OF THIS LICENSE; PROVIDING FOR COMPENSATION TO BE PAID TO THE CITY; PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. Volume 79, page 57 B.8 ADOPTED RESOLUTION NO. 98-158 AUTHORIZING THE CITY MANAGER TO EXECUTE A INTERIM 9-1-1 EMERGENCY BILLING AGREEMENT WITH AT&T FIXED WIRELESS. B.9 ADOPTED RESOLUTION 98-160 REJECTING BIDS FOR THE RESTROOM REMODEL PROJECT FOR FIRE STATION #2 AND AUTHORIZING RE-ADVERTISEMENT OF BIDS. B.10 ADOPTED RESOLUTION NO. 98-167 ADOPTING CHANGE ORDERS TO CONTRACTS FOR THE CONSTRUCTION OF THE NEW SENIOR CENTER AND REPLACING AND AMENDING IN ITS ENTIRETY RESOLUTION NO. 98-162. B.1 1 ADOPTED RESOLUTION NO. 98-161 APPROVING A PROFESSIONAL SERVICES SUPPLEMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BRINKLEY SARGENT ARCHITECTS FOR THE FARMERS BRANCH JUSTICE CENTER. D.5 ADOPTED ORDINANCE NO. 2441 ADOPTING LONE STAR GAS RATES FOR THE CITY OF FARMERS BRANCH. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, REVISING THE RATES OF LONE STAR GAS COMPANY IN THE CITY OF FARMERS BRANCH, TEXAS AND PROVIDING AN EFFECTIVE DATE. D.6 ADOPTED RESOLUTION NO. 98-156 AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFICATION AND EXTENSION OF NET LEASE AGREEMENT WITH TRIANGLE SUPPLY CO., INC. FOR PROPERTY LOCATED AT 12705 BEE STREET. Mayor Phelps read the consent agenda items to the audience and home viewers. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status of various projects and activities in the City. C.2 PUBLIC HEARING: CONSIDER AMENDMENT OF THE PLANNED DEVELOPMENT NO. 22 ZONING DISTRICT RELATIVE TO REFINING, RESTRICTING OR DELETING CERTAIN USES IN THE AREA GENERALLY BOUNDED BY RAILROAD RIGHT-OF-WAY OWNED BY THE CITY OF DALLAS WATER UTILITIES TO THE EAST (THE BURLINGTON Volume 79, page 58 NORTHERN RAILROAD), THE COOKS BRANCH LEVEE TO THE SOUTH, AND THE CITY OF FARMERS BRANCH CITY LIMITS TO THE NORTH AND WEST, EXCLUDING APPROXIMATELY 4.58 ACRES WITHIN THE J.A. ARMSTRONG ABSTRACT NO. 28 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The area under consideration includes approximately 305 acres of land, about 64 percent of which is already developed. The Planned Development No.22 (PD-22) zoning district allows a broad range of uses including various types of retail, office, commercial, auto- related, manufacturing and industrial uses. Some of these uses are either not compatible with existing development in the area or are inconsistent with the long term land use objectives of the City's Comprehensive Plan. The proposed amendment of PD-22 has been initiated by the City. The intent is to eliminate incompatible uses, place greater control over uses that have the greatest potential for unsightliness, and yet still allow office, commercial and industrial operations in a slightly more protective regulatory environment. The Planning and Zoning Commission, by unanimous vote, recommends the PD-22 zoning district, relative to the area above described, and specifically excluding approximately 4.58 acres of land within the J.A. Armstrong Abstract No. 28, be amended to: Prohibit new and used motor vehicle sales, animal related uses, sexually oriented businesses, salvage yards, outdoor commercial amusement uses, mineral extraction and similar uses; Require a Specific Use Permit for churches, denominational schools, daycare facilities (except as an accessory use), all motor vehicle-related uses and all outdoor storage activities; Require building setbacks of 50 feet on all major streets and a setback equal to the building height, but not less than 25 feet, for all other streets; Require pavement setbacks of 50 feet on Valwood Parkway and 15 feet on all other streets; Allow one sign per tenant per building; limit total wall sign area to a maximum of 5 percent of the total area of the building facade; Volume 79, page 59 Limit monument signs to a maximum area of 40 square feet, a maximum height of 4 feet and a minimum setback of 10 feet; Require landscaped earthen berms 3 feet in height along the street rights-of-way for all properties that have truck loading areas on the side and/or vehicle parking forward of the building setback line; and Allow all remaining PD-22 development standards to remain in effect. Mayor Phelps opened the public hearing. A motion by Councilman Moses, seconded by Mayor Pro Tern Bird, all voting "aye," closed the public hearing. There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Councilman Robbs, all voting "aye," adopted the following captioned Ordinance No. 2434, which amends the PD-22 zoning district as 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; BY AMENDING THE DEVELOPMENT STANDARDS AND PERMITTED USES OF THE PLANNED DEVELOPMENT NO. 22 ZONING DISTRICT (PD-22); INCLUDING APPROXIMATELY 305 ACRES OF PROPERTY GENERALLY BOUNDED BY THE COOKS BRANCH CREEK, INCLUDING THE CREEK/DRAINAGE CHANNEL AND ADJOINING LEVEES, TO THE SOUTH; RAILROAD RIGHT-OF-WAY OWNED BY THE CITY OF DALLAS WATER UTILITIES TO THE EAST; AND THE CITY OF FARMERS BRANCH CITY LIMITS TO THE WEST AND NORTH; EXCLUDING APPROXIMATELY 4.587 ACRES OUT OF THE J. A. ARMSTRONG ABSTRACT NO. 28; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. D.1 CONSIDER RESOLUTION 98-165 OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH PROVIDING WRITTEN NOTICE OF THE CITY'S INTENTION TO CREATE A REINVESTMENT ZONE PURSUANT TO THE TAX INCREMENT FINANCING ACT, CHAPTER 311 OF THE TAX CODE; SETTING A PUBLIC HEARING DATE TO RECEIVE PUBLIC COMMENT Volume 79, page 60 REGARDING THE CREATION OF A TAX INCREMENT FINANCING ZONE, AND PROVIDING AN EFFECTIVE DATE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Tax Increment Financing is an economic development financing tool available to city governments under Chapter 311 of the Texas Tax Code for financing public improvements in a designated area known as a TIF Reinvestment Zone. A TIF program is put into place to finance certain public improvements. The taxes generated by the increase in property values over time fund the improvements. State law requires that the city must provide sixty days written notice of its intent to designate a reinvestment zone to all taxing entities that levy taxes within the reinvestment zone. However, a waiver of the sixty days can be requested from the school district and the county in order that a city can establish a tax increment reinvestment zone in a shorter time frame. A request to Dallas County, Dallas Independent School District and CFBISD has been made to waive the 60-day requirement. A resolution providing written notice of the city's intent to establish a reinvestment zone and setting a public hearing date for December 21, 1998 is the first step in the process. Formal notices to all taxing entities will be forwarded after approval of Resolution 98-165. Staff recommends approval of Resolution No. 98-165. Mr. Escalante stated representatives from Basic Capital would give the Council a brief overview of the TIF Program. Mr. Dwayne Tolver, Director of Structure Transactions, Basic Capital, provided the Council information about Basic Capital, American Realty Trust, and the TIF Program. He reviewed the corporate structure and assets of Basic Capital and American Realty Trust and also reviewed the current and projected investment of Basic Capital and American Realty Trust in the proposed Mercer Crossing project. Additionally, he estimated the amount of future tax revenue to the City. Mr. Dan Allred, Basic Capital, Senior Vice President of Land Development, 8919 Alwick, gave the approximate boundaries of the reinvestment zone. He gave a brief historical review of development in the past and listed several major landowners in the investment area. He Volume 79, page 61 also stated development had been slow due to the lack of infrastructure. Mr. Allred stated Basic Capital was working with the Carrollton/Farmers Branch Independent School District to develop a potential school site. Mr. Allred stated he would be available to answer any questions the Council may have. Mr. Escalante stated in Resolution No. 98-165, Section 2, 7:30 p.m. should be added and should read "That a Public Hearing is hereby scheduled to be held before the Farmers Branch City Council on December 21, 1998 at 7:30 p.m." Councilman Moses asked if the City would have to put up all monies for infrastructure at one time and when could the City expect a return on the infrastructure investment. Mr. Escalante outlined the procedures for the creation of a TIF beginning with a public hearing on December 21, 1998 at 7:30 p.m. and the participation or non-participation by other taxing jurisdictions. He also stated this action does not commit the City, it is just the first step. Councilwoman Davis asked what would be the total residential population for the area. Mr. Allred stated it is proposed to have 5,000 units and approximately 8,000 residents. Councilwoman Davis stated she approves of the project but has serious concerns about how this project and increasing the City's population by one-third of the current population will affect the current Farmers Branch residents and schools due to the demands of City services and infrastructure this development would create. Mayor Phelps stated this would be a high quality development. Some residential property would have to be established to support the shopping and retail areas planned for the area. Councilman Moses stated he appreciates Councilwoman Davis' concerns but realizes the City must develop for the future and to provide for the demands of future city operations. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted Resolution Volume 79, page 62 No. 98-165 with the addition of 7:30 p.m. to be added to Section 2 of the Resolution. D.2 CONSIDER ADOPTING RESOLUTION NO. 98-164 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CARROLLTON/FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT TO PARTICIPATE IN THE CITY OF FARMERS BRANCH TAX INCREMENT FINANCING REINVESTMENT ZONE NUMBER ONE. Mayor Phelps presented the following information. The City of Farmers Branch will consider a Resolution calling for a public hearing on December 7, 1998 to consider establishing a Tax Increment Financing District. Under Chapter 311 of the Texas Tax code, the City must provide sixty (60) day written notice of its intent to designate a reinvestment zone to all taxing entities from the date of calling for a public hearing to establish a Tax Increment Reinvestment Zone. Once the City has provided notice to all taxing entities, the sixty day period is used to negotiate an agreement with the respective taxing units including boundaries of zone, development, and the tax increment that each taxing unit will contribute to the TIF fund. The City has been informed that legislation introduced next year may eliminate school districts from participating in TIFs. In addition, it is important that we establish a base year of January 1, 1998 in order to capture the real property increase in value commencing January 1, 1999. As a result of these concerns, the city is asking the CFBISD, DISD and the County to waive the sixty-day period. In addition, the school district is holding a special meeting on December 10 to review the Farmers Branch Tax Increment Financing Reinvestment Zone and to consider the attached agreement. It is anticipated that some modifications will be made to the agreement. Staff recommends that City Council adopt Resolution 98-164. Mr. Escalante stated this process begins a systematic review of financial and development issues in the proposed reinvestment zone. Additionally, Mr. Escalante stated this was an opportunity to provide funds for the infrastructure and presents a significant opportunity to craft planning and zoning ordinances for this mixed-use development that will ensure a quality project. Councilman Grubbs asked the origin of the name for the development "Mercer Crossing". Volume 79, page 63 Mr. Allred stated it was derived from an early settler in the 1840s or 1850s. He stated he would check into it for more specifics. Councilwoman Davis expressed her concerns again about the residential development in Mercer Crossing and its impact on the current residents of Farmers Branch. Mayor Phelps stated he agreed with the city manager this is the first step and many items will have to be brought back to Council for consideration. There being no further discussion, a motion by Mayor Pro Tern Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 98-164. D.3 CONSIDER ADOPTING ORDINANCE NO. 2448 PROHIBITING LEFT TURNS ON NORTHBOUND FORD ROAD AT FARMERS BRANCH LANE FROM 4:00 P.M. TO 6:00 P.M. AND ON SOUTHBOUND DENTON DRIVE AT FARMERS BRANCH LANE FROM 7:00 A.M. TO 9:00 A.M., WEEKDAYS ONLY; PROVIDING A PENALTY; AND PROVIDING A SEVERABILITY CLAUSE; AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Residents living on Farmers Branch Lane between Ford Road and Denton Drive have requested the prohibition of left turns during the week on northbound Ford Road at Farmers Branch Lane from 4:00 p.m. to 6:00 p.m. and on southbound Denton Drive at Farmers Branch Lane from 7:00 a.m. to 9:00 a.m. As part of the traffic calming demonstration projects taking place in the Branch Crossing area, Staff recommends the turn prohibitions be installed for a 30-day trial period. In order for these turns to be prohibited, even on a trial basis, City Council approval of an ordinance is necessary. The Traffic Engineer and the City Engineer recommend the adoption of Ordinance No. 2448 prohibiting left turns on northbound Ford Road at Farmers Branch Lane, 4:00 p.m. to 6:00 p.m. and on southbound Denton Drive at Farmers Branch Lane, 7:00 a.m. to 9:00 a.m., weekdays only. Mr. Escalante stated as discussed in the Study Session if Council so desires to pass proposed Ordinance No. 2448, Section 6 should read as follows: This ordinance shall take effect January 2, 1999 from and after its passage and the publication of the caption of said ordinance as the law and the City Charter in such cases provides and this ordinance shall expire January 16, 1999. Volume 79, page 64 Mr. Fred Johnson, 2657 Farmers Branch Lane, stated he was confused on the changing of the ordinance on the effective date and period of time. Mayor Phelps explained the changes to Mr. Johnson. Mr. Johnson stated he feels particular attention should be paid to signage and monitoring of where the traffic goes after the ordinance is in effect. He also stated he was in favor of the ordinance and applauded the Council's continued interest in the traffic problems. Mayor Phelps commented on the traffic calming devices on Tom Field Road. Mayor Pro Tern Bird commented the notice of left-turn restriction signage on Ford Road/Denton Drive has been installed since December 1, 1998. Mr. Todd Bonneau, 2527 Farmers Branch Lane, stated he is in favor of the proposed ordinance and feels enforcement is an important issue. He also feels that proper signage is important. Mr. Dave Cozart, 2524 Farmers Branch Lane, stated he is very pleased that something is being considered on this project. He commented on the length of time it has taken to address this problem and feels the time limits on left turns is inadequate. Mr. Cozart stated he feels the left turn prohibition on Ford Road would result in additional traffic east on Farmers Branch Lane and Tom Field Road. He questions whether the left turn prohibition can be enforced. Mr. Escalante stated it is legal for trucks to make a turn if they are making a delivery on to a street where truck traffic is prohibited. The no left-turn prohibition applies to all vehicles. He stated enforcement had been discussed in the Study Session. Councilman Grubbs explained the delay for this project was due to: (1) lack of traffic during the holidays and how it would distort the results; (2) Council felt it would be able to determine the results in two weeks rather then a 30 day period; and (3) Council is being cautious about changing traffic patterns in the area, not only for residents but also for businesses. He stated the City is taking additional steps to communicate with residents and businesses in the area. Volume 79, page 65 Councilman Robbs stated another reason for the delay is because of the traffic-calming meeting on December 10, 1998 at 3 p.m. The Council did not want to preempt the consultant's meeting. Mayor Phelps invited everyone to attend the Traffic Calming Meeting on December 10, 1998 at 3 p.m. at City Hall. There being no further discussion, a motion by Councilman Grubbs, seconded by Councilman Robbs, all voting "aye," adopted the following captioned Ordinance No. 2448 prohibiting left turns on northbound Ford Road at Farmers Branch Lane, 4:00 p.m. to 6:00 p.m. and on southbound Denton Drive at Farmers Branch Lane, 7:00 a.m. to 9:00 a.m., weekdays only, with the addition in Section 6 to read, This ordinance shall take effect January 2, 1999 from and after its passage and the publication of the caption of said ordinance as the law and the City Charter in such cases provides and this ordinance shall expire January 16, 1999. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS; PROHIBITING LEFT TURNS ON NORTHBOUND FORD ROAD AT FARMERS BRANCH LANE FROM 4:00 P.M. TO 6:00 P.M. AND ON SOUTHBOUND DENTON DRIVE AT FARMERS BRANCH LANE FROM 7 A.M. TO 9 A.M.; WEEKDAYS ONLY; PROVIDING A PENALTY; AND PROVIDING A SEVERABILITY CLAUSE. D.4 CONSIDER ADOPTING RESOLUTION NO. 98-153 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SCHRICKEL, ROLLINS AND ASSOCIATES, INC. FOR PRELIMINARY ENGINEERING SERVICES FOR THE OAKBROOK/KEN RYMER PARK LAKE IMPROVEMENTS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Oakbrook/Ken Rymer Park is located at the corner of Oakbrook Parkway and Park Lake Court and is adjacent to a small lake. The design and construction of Oakbrook/Ken Rymer Park Amenities is budgeted in the 1998-99 Non-Bond Capital Improvement Program in the amount of 51,100,000. The scope of work for the entire project includes improvements to the lake area and improvements to the park area. The improvements included in this engineering design agreement will address the improvements to the lake area only. Volume 79, page 66 This agreement for engineering design services includes preliminary design of three options for erosion control treatment for the lake, a boundary survey of the lake area, lake bottom survey to determine depth of sediment in the lake, soil testing to aid in the design of erosion control features, and tests on the dam to determine the integrity of the structure. The preliminary design of the erosion control treatment will address the concerns of the citizens that were expressed at the neighborhood meeting held earlier this year. Turf establishment, trees, irrigation, pathways, and a few benches will be designed for the east shoreline of the lake as a part of the lake area improvements. An engineering services agreement has been negotiated with Schrickel, Rollins and Associates in the amount of $42,100. The agreement time for the survey, testing and preliminary design services is eighteen weeks. The City Engineer recommends the adoption of Resolution No.98-153 approving an agreement with Schrickel, Rollins and Associates, Inc. for preliminary engineering services for the Oakbrook/Ken Rymer Park Amenities. There being no discussion, a motion by Mayor Pro Tem Bird, seconded by Councilman Grubbs, all voting "aye," adopted Resolution No. 98-153 approving an agreement with Schrickel, Rollins and Associates, Inc. for preliminary engineering services for the Oakbrook/Ken Rymer Park Amenities. D.5 CONSENT. D.6 CONSENT. D.7 CONSIDER ADOPTING RESOLUTION NO. 98-152 AUTHORIZING THE CITY MANAGER TO PURCHASE COMPUTERS FROM GATEWAY 2000, INC. AND PRINTERS FROM COMPUSA, UTILIZING THE STATE OF TEXAS CATALOG PURCHASING PROCEDURES FOR AUTOMATED INFORMATION SYSTEMS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Forty-one desktop computer systems, six laptop systems, and ten printers have been identified and budgeted for replacement or addition during the 1998-99 fiscal year. Quotes were requested from eight vendors and manufacturers. Four responses were received, three of which met or exceeded the City's Volume 79, page 67 minimum configuration and reliability standards. Gateway 2000, Inc., submitted a state catalog price of $75,202 for the computer and laptop systems. CompUSA submitted a state catalog price of $12,1111 for the printers. The quote total for these two vendors is $87,313. Gateway and CompUSA catalogs and pricing have been certified by the Texas Department of Information Resources. Funds totaling $93,400 are budgeted in the 1998-99 Fixed Asset Fund for these purchases. Staff recommends the purchase of forty-one computers and six laptops from Gateway 2000, Inc., and the purchase of ten printers from CompUSA using the State of Texas catalog purchasing procedures in an amount not to exceed $87,313. There being no discussion, a motion by Councilman Robbs, seconded by Councilwoman Davis, all voting "aye," adopted Resolution No. 98-152, for the purchase of forty-one computers and six laptops from Gateway 2000, Inc., and the purchase of ten printers from CompUSA using the State of Texas catalog purchasing procedures in an amount not to exceed $87,313. D.8 CONSIDER ADOPTING RESOLUTION NO.98-159 AWARDING BIDS FOR AN ANNUAL SUPPLY OF CHEMICALS AND FERTILIZERS FOR THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Bid requests for an annual supply of chemicals and fertilizers for the Parks and Recreation Department were sent to ten vendors. Eight bids were received and opened on November 16, 1998. The lowest bids received meeting specifications were from BWI-Dallas Ft. Worth for twenty five items; Lesco, Inc. for eleven items; Turf Industries, Inc. for two items; Terra International, Inc. for nine items; Harpool Fertilizer Company for one item; Van Waters and Rogers, Inc. for one item; B&G Chemical & Equipment Co., Inc. for one item. Staff recommends awarding to the low bidders that meet specifications for each item. The total cost of low bid items meeting specifications is $78,377.90. There is $92,000.00 in the 1998-99 budget for these purchases. The Director of Parks and Recreation recommends adopting Resolution No. 98-159 awarding the bids for an annual supply of chemicals and fertilizers for the Parks and Recreation Department in the total amount of Volume 79, page 68 $78,377.90 to BWI-Dallas/Ft. Worth; Lesco, Inc.; Turf Industries, Inc.; Terra International, Inc.; Harpool Fertilizer Company; Van Waters and Rogers, Inc.; B&G Chemicals & Equipment Co., Inc. There being no discussion, a motion by Councilman Robbs, seconded by Councilman Grubbs, all voting "aye," adopted Resolution No. 98-159 awarding the bids for an annual supply of chemicals and fertilizers for the Parks and Recreation Department in the total amount of $78,377.90 to BWI-Dallas/Ft. Worth; Lesco, Inc.; Turf Industries, Inc.; Terra International, Inc.; Harpool Fertilizer Company; Van Waters and Rogers, Inc.; B&G Chemicals & Equipment Co., Inc. D.9 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no travel reports or requests. D.10 CITIZEN PARTICIPATION. There was no citizen participation. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:00 P.M. STUDY SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:14 P.M. AND CONCLUDED AT 7:29 P.M. AND CONVENED 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 VALWOOD IMPROVEMENT AUTHORITY. 2. DISCUSS APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD. Mayor Phelps and members of the City Council discussed personnel matters. E.1 b DISCUSS PENDING AND CONTEMPLATED LITIGATION -TEXAS GOVERNMENT CODE -SECTION 551.071 Volume 79, page 69 1. DISCUSS LITIGATION RELATIVE TO THE INNES, ET AL, V. GROSS, MOORE CASE. 2. DISCUSS PENDING LITIGATION WITH PRECISION LANDSCAPE MANAGEMENT, INC. V. CITY OF FARMERS BRANCH. Mayor Phelps and members of the City Council discussed litigation concerning the above mentioned cases. 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 Phelps, a second by Councilman Moses, all voting "aye", appointed Gene Phillips to the Valwood Improvement Authority. A resolution will be presented for this appointment at the December 21, 1998 City Council meeting. 1 A motion by Councilwoman Davis, a second by Councilman Grubbs, all voting "aye", reappointed to the Historical Preservation and Restoration Board Dean Nichols, Laverne Gilbert, and Jerry Wilcox with terms to expire January 1, 2001. E.3 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN EXECUTIVE SESSION. Mayor Phelps reported members of the City Council were updated on pending litigation. No action was necessary. F.1 ADJOURNMENT. A motion by Mayor Pro Tern Bird, a second by Councilman Moses, all voting "aye," adjourned the City Council meeting of December 7, 1998, at 9:04 p.m. Mayor t~ 1 City Secretary Volume 79, page 70 ANDREW R. MONGEON 2737 BAY MEADOW CIRCLE FARMERS BRANCH, TEXAS 75234 TO MEMBERS OF CITY COUNCIL: WE ARE HERE TO DISCUSS A 1;0~9&=IVEE MAINTENANCE INCENTIVE OF 95% VIOLATION F~W 300% INCREASE WITH A COMBINATION OF LICENSE $8 PER, O OP LU ON 10 ARTICLE C THAT STA L STATES THERE is $220. FOR EACH VIO ATION: THIS ARTICLE IS A LOT MORE THA N SHOWS ON THE SURFACE. A TENANT THAT WE ARE FORCED TO ACCEPT BECAUSE OF FAIR HOUSI41 ING:IS PROVEN T+EE A-MISTAKE J, WE HAVE TO EVICT. WILL HAVE MANY VIOLATIONS. Irv h /L"' HAVING A FEW OF THE4N ONE YEAR---THAT WE HAVE CHECK REFERENCE FIRST - THIS WOULD BY ITSELF THROW US BELOW THE 95%. THIS MEANS STILL, 6 MONTHS INSPE CTIYO~ A~WIT - H A e(:w INCREASE PENALTY. ~ A 80% TO 85% VIOLATIOAMIGHT BE POSSIBLE.: 95% NEVER. NEW HOUSING WOULD HAVE TROUBL TO SUSTAIN A 95% VIOLATION R41 PUTTING A $20. VIOLATION FEE ON EVERY VIOLATION V,Y EXPENSIV Ci WE WOULD HAVE TO PASS THIS ON TO THE POOR:PLUS THE DAMAGES, THE DAMAGES IN A LOT OF CASES WOULD BE LESS THAN T+OLATIONS. EXAMPLE= A PENCIL HOLE IN A WINDOW SCREEN $6.50 0 2FLOOR TILES( CORNER MISSING) .60(P EACH ONE TILE IN BATHROOM ONE TILE IN KITCHEN $40. VIOLATIONS $20. each. ,24 o CITY OFFICIAL TELLS US THAT THE INSPECTION DIVISION DOES NOT COVER, BUT A PART OF THE EXPENSES, = LIVING IN FARMERS BRANCH AND ON A PER O,vNAp P$ PERTY TAXES BASE, I UNDERSTAN HAT: o rr A C TY I LIVED IN 10 YEAR THE OTHER SIDE OF THE ARGUMENT IS , BEFORE I CAME HERE TO FARMERS BRANCH'HAD,8 minimum INSPECTOR CHARGED NO VIOLATION FEES. THE CITY WAS NOT IN THE RED! THAT CITY HAD f MINUMUN HOUSING BOARD OF APPEAL OF FIVE MEMBERS APPOINTED BY THE MAYOR.THAT HAD THE DUTIES THAT FARMERS BRANCH COUNCIL DOES.WE SERVE FOR FREE. I WAS THE SECRETARY FOR CLOSE TO 25 YEARS. BUT I MUST SAY WE DIDN'T RECEIVE} A SMALL REFUND TAX CHECK FROM THE CITY #I STILL HAVE TWO OF THE4N MY DESK DRAWERS40 NO OTHER CITIES CHARGE ANYTHING LIKE WHAT IS SUGGESTED US IN THIS ORDINANCE. WE FELT AS IF WE ARRIVEE~ O THE LIMIT ALRE D . THERE ARE THOSE PEOPLE~HAT BELIEVE NO CHARGES ARE EXCESSIVE BECAUSE THEY RATHER WE DIDN'T EXIST. i INSPECTION DIVISION FOR SECTION Jt`HAT MEETS FEDERAL GUIDE LIN AND STRICT INSPECTORS HAVE MADE UNAVAILABLE APARTMENT FOR SECTION 8 TENANTS. THE POOR ARE BEING SQUEEZED OUT GRADUALLY: I DON'T BELIEVE THAT THE CITIZEN OF~ARMERS BRANCH WANT THE POORER CITIZE K~ THAT LIVE IN COMPLEXES TO BSORB MORE OF THE COST OF OPPERATING THE MINIMUM INSPECTION DIIIV.. THE COST IN CITY PROPERTY TAXES e WOULD NOT BE THAT MUCH ^ *Ylol~,, HOUSING I 9 _tiL OUR PUBLIC HOUSING MORE OR LESS FOR THE LOW AND MODERATE INCOME CITIZENS IOF FARMERS BRANCH. THESE CITIZENS CAN NOT BE EXPECTED TO SUPPORT ANT REAL AGES IN THE APARTM §HTS TO KEEP VIOLATIONS DOWN! PORTION OF THE CITY MINIMUN INSPECTIO DIVISION. SOME OF THESE LOW INCOME TENANT DON'T ALWAYS HAVE THE BEST MANNERS AND BEST HOUSEKEEPING WAYS. , PLUS CHILDRENTHAT CAUSE DAM WAYS TO KEEP VIOLATIONS DOWN! i AT A MEETING AT ONE POINT=I'M SUGGESTED BY CITY OFFICIAL(' WITH GOO# INTENTION) TO HAVE MONTHLY SEMINARS WITH TENANTS AND SUGGEST HOW WE'WOULD WANT THE APARTMENT KEPT UP.= IN OTHER WORDS, HOW THEY SHOULD LIVE LIKE UPSTANDING CITIZENS. COULD WE FORCE THEM TO COME TO THESE MEETINGS?0 I MIGHT ADD TH SEMINAR MEETINGS, I'VE HAD WITH MY 6 childrek AT SUPPERTIME , MY SUCESS WAS LIMITED. OUR UPKEEP AND MAINTAINENCE PCB. PROCEDURES WE USE~TO HAVE THE LEAST VIOLATION AS POSSIBLE. NO.1 EVERY APARTMENT THAT THE MAINTAINCE MEN GO I AILY WITH A WORK ORDER, THEY AR I T O CHECK DAMAGES UNREPORTED BY 1HE TENANTS. REASON- TENANTS CAUSE THE DAMAGES#THEY ARE TO HAVE THE MANAGEiWRITfNOTHER WORK ORDER FOR INSPECTION. NO.2 TH EXTERMINATOR DOES 25% OF THE[OMPLEX APARTMENTS WEEKLY WITH THE MANAGER: SHE OPENS~HE APARTMENT. HE DOES THE EXTERMENATION.. SHE LOOKS OVER THE APARTMENT FOR VIOLATION. NO.3 ALtPARTMENTS ARE RECHECK AGAIN-ONE OR TWO DAYS BEFORE THE CITY 6 MONTHS INSPECTION. ANY VIOLATIONS AT THIS TIME THAT WAS OVERLOOKED. FIVE WORKERS ARE PUT AT THE TASK RIGHT AWAY. ON 112 144 iv✓ APARTMENT, IF WE HAD OVER 5#6, we would BE INSPECTED TWICE A YEAR. ONE OR TWO UNHAPPY TENANTS COULD RING US OVER 5%. OR VIOLATIONS THAT WE DONT RECOGNIZE COULD* :ALSO THAT A STRICT INSPECTOR CHARGES FOR. Gj THE YEARLY INSPECTION IS A GOOD IDEA FOR T HOSE APARTMENT COMPLEX THAT TRY HARD TO KEEP THEM UP. THOSE THAT'S ARE NOT MAKING IT,SHOULD BE TOLDED SO. THE 95% VIOLATION FREE, WOULD BE IMPOSE TO MAKE.: I'M OF THAT OPINION. THE PERCENT HAS TO BE LOWER. TH ERE ARE TOO MANY THINGS THAT ARE OUT OF OUR CONTROL.