Loading...
1998-02-02 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING FEBRUARY 2, 1998 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tern Calla Davis Councilmembers Charlie Bird Berry Grubbs Bill Moses James 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 Communication Director Donna Huerta Economic Development Director Norma Nichols Director of Community Services Tom Scales Director of Planning Michael Spicer City Engineer Jerry Murawski Director of Equipment Services Don Moore 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 Traffic Engineer Dave Davis Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council Meeting of February 2, 1998 to order at 7:37 P.M. The meeting was televised. A.1 INVOCATION. Mayor Phelps introduced Boy Scout Troop No. 713 Circle 10 from Carrollton/Farmers Branch and Boy Scout Troop No. 577 Circle 10 from Dallas. Mayor Phelps stated the Boy Scouts were present to earn their achievement badge for service in the community. Volume 77, page 22 Councilman Moses gave the invocation and the Boy Scouts led the pledge of allegiance to the flag. A.2 CONSIDER ACCEPTANCE OF DONATION FROM HOME INTERIORS & GIFTS, INC. FOR $2000 TO THE POLICE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Home Interiors & Gifts, Inc. has made a contribution of $2,000 to the Police Department on behalf of their shareholders, associates and employees. It represents Home Interiors & Gifts, Inc. support and appreciation to the Police Department for service to the community. The donation will be used to purchase equipment which will be placed in the exercise room of the new Justice Center. The Chief of Police recommends accepting the $2,000 donation from Home Interiors & Gifts, Inc. to be used to purchase equipment for the exercise room in the new Justice Center. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," accepted the $2,000 donation from Home Interiors & Gifts to be used to purchase equipment for the exercise room in the new Justice Center and with appropriate thank you letter to be sent. A.3 CONSIDER ADOPTING RESOLUTION NO. 98-019 ACCEPTING GRANT IN THE AMOUNT OF $39,055 FROM THE TELECOMMUNICATIONS INFRASTRUCTURE FUND BOARD TO ENHANCE INTERNET CONNECTIVITY AT THE MANSKE LIBRARY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Farmers Branch Manske Library has been awarded a grant in the amount of $39,055 from the Telecommunications Infrastructure Fund Board. The purpose of the Telecommunications Infrastructure Fund is to help develop the telecommunications framework comprising the Internet that connects public libraries, schools, colleges, universities and health delivery systems in Texas. The funds are derived from annual assessments from telecommunications utilities and commercial mobile service providers. The City Council approved funds in the amount of $62,500 in the 1997- 98 operating budget to install a Local Area Network that would increase Internet access at the Library. Grant monies would be used to expand Internet access further and will allow the installation of the Library's online catalog on the Internet. This would permit access to the collection by individuals with Internet capabilities on their personal computers including students in the Carrollton-Farmers Branch Independent School District. The Library Director recommends accepting the grant in the amount of $39,055 from the Telecommunications Infrastructure Fund Board to enhance Internet connectivity at the Manske Library. Volume 77, page 23 A motion by Councilman Robbs, seconded by Councilman Bird, adopted Resolution No. 98-019 accepting the grant from the Telecommunications Infrastructure Fund with the appropriate thank you letter to be sent. A.4 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a fifteen year employee service award to Lee Robinson of the Public Works Department. A.5 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.6 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.2. 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 Robbs, all voting "aye," added item D.5 to the Consent Agenda. A motion by Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye," approved the following items on the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JANUARY 19, 1998. B.2 ADOPTED RESOLUTION NO. 98-021 REQUESTING THAT DALLAS COUNTY ALLOW THE ADDITION OF CENSUS TRACT 137.01 BLOCKS 2 AND 3 TO BE INCLUDED IN THE CITY OF FARMERS BRANCH COMMUNITY DEVELOPMENT BLOCK GRANT TARGET AREA FOR THE 1998 CODE ENFORCEMENT PROJECT. D.5 ADOPTED RESOLUTION NO. 98-009 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR A TELE- COMMUNICATIONS CONSULTANT. Mayor Phelps read the Consent Agenda items to the home audience and home viewers. C.1 CITY MANAGER REPORTS. Volume 77, page 24 City Manager Richard Escalante presented an informative report on the status of various projects and activities in the City. Mayor Phelps read a proclamation proclaiming February 8 - 14, 1998 as "National Child Passenger Safety Week," in Farmers Branch, Texas. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF MJS RESOURCES, INC., TO AMEND THE PLANNED DEVELOPMENT NO. 41 AND PLANNED DEVELOPMENT NO. 65 ZONING DISTRICTS AND APPROVE AN ASSOCIATED CONCEPT PLAN FOR THE CENTURA II OFFICE DEVELOPMENT INCLUDING PROPERTIES LOCATED AT 13900 AND 14175 DALLAS PARKWAY AND 14098 INWOOD ROAD AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The zoning request includes three tracts of land comprising 6.41 acres, generally located between Inwood Road and North Dallas Parkway south of Spring Valley Road. The Brook Mays music superstore which fronts North Dallas Parkway, occupies 0.89 acres of the request site. The remaining 5.52 acres to the south and west, are undeveloped. Existing zoning includes PD-41 and PD-65, two separate high density office zoning districts that, together, would allow a maximum of 761,700 square feet of development. The proposed zoning amendment and concept plan would consolidate PD-41 and PD-65 into a single high density office zoning district allowing up to 1.1 million square feet of development. The proposed concept plan includes an 18-story office building, a 22-story hotel and conference center and a 4-lane roadway linking North Dallas Parkway with Inwood Road. The proposed zoning and concept plan are generally consistent with the Comprehensive Plan, existing development in the area and surrounding zoning. The Planning and Zoning Commission, by unanimous vote, recommends the proposed zoning amendment and concept plan be approved. Mayor Phelps opened the public hearing. Mr. Mark Small, MJS Resources, Inc., 13911 North Dallas Parkway. Mr, Small thanked the Council for allowing MJS Resources to present Phase II of the proposed project. Mr. Small stated he would be available to answer any questions the Council may have. A motion by Councilman Moses, seconded by Mayor Pro Tern Davis, all voting "aye," closed the public hearing. Mr. Escalante stated the planning staff would be available to answer any questions the Council may have. He also stated during the Study Session the drainage issue was discussed, and staff has prepared a proposed amendment (Section N) to the ordinance which addresses drainage the Council may want to consider. Volume 77, page 25 Mayor Pro Tem Davis asked Mr. Small if he had a concept plan or rendering of the proposed project. Mr. Small presented a photograph and a rendering to the Council and gave a description of the proposed project. Mayor Phelps asked Mr. Small if he was familiar with proposed Section N. Mr. Small stated he has reviewed "Section N" with the planning department. He stated he would be able to quantify the impact of run off from their site when going through the planning process. There will also be more landscaping on this site then on the Centura I site. Councilman Bird asked that the traffic impact caused by this development be addressed. Mr. Dave Davis, Traffic Engineer, stated Mr. Small had a traffic study done by DeShazo, Tang and Associates, Inc. that considered the impact of the development on traffic at the intersections near the development. Mr. Davis stated with the improvements the City has planned, and the improvements the developer will provide on Inwood, the development is not expected to have significant impact on the current level of service at any of the nearby intersections except for one. Mr. Davis stated the focus of concern was the impact at the intersection of Alpha Road, Inwood Road, and southbound Dallas Parkway, which is a five legged intersection. He stated the City has worked with the developer and the City of Dallas to look for ways to mitigate the impact of traffic at that intersection. Mr. Davis stated there was no feasible solution. Mr. Davis stated what he is recommending is to continue to work with the development and business communities and to renew the City's efforts to look at all ways of handling traffic through the use of transit, ride sharing, and other ways. Councilman Bird asked if hotel traffic was a different type traffic. Mr. Davis stated the hotel is compatible in size to the office building, but does not generate as much traffic as an office building. He stated even if there was nothing built on that site, there will still be problems with some of the intersections on the east side of town due to growth and development in areas adjacent to Farmers Branch. He also stated the Planning and Zoning Commission were interested in this issue. Councilman Bird thanked Mr. Davis for the infcrmation on the traffic. There being no further discussion, a motion by Mayor Pro Tern Davis, seconded by Councilman Robbs, all voting "aye," adopted the following captioned Ordinance No. 2371 with the addition of Section N which Volume 77, page 26 consolidates PD-41 and PD-65 establishing a new Planned Development zoning district and approving an associated concept plan 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 CHANGING THE ZONING DISTRICT CLASSIFICATION OF THREE TRACTS OF LAND ADDRESSED AS 14175 NORTH DALLAS PARKWAY, 13900 NORTH DALLAS PARKWAY AND 14098 INWOOD ROAD AND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SPRING VALLEY ROAD AND INWOOD ROAD AND EXTENDING EAST TO DALLAS NORTH PARKWAY, FROM PLANNED DEVELOPMENT ZONING DISTRICT NO. 41 (PD-41) AND PLANNED DEVELOPMENT ZONING DISTRICT NO. 65 (PD-65) TO PLANNED DEVELOPMENT NO. 76 (PD-76) ALLOWING HIGH DENSITY OFFICE DEVELOPMENT AND ANCILLARY USES; ESTABLISHING DEVELOPMENT STANDARDS FOR THE PD-76 ZONING DISTRICT; APPROVING AN ASSOCIATED CONCEPT PLAN; PROVIDING A SAVINGS CLAUS; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDED AN EFFECTIVE DATE. Mayor Phelps asked the Boy Scouts to introduced themselves. Mr. John Tanahill, Scout Troop 577, stated his troop is sponsored by St. Luke's Episcopal Church in Dallas. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF MS. KAYSEA HENDRICKS FOR A SPECIFIC USE PERMIT FOR A TATTOO STUDIO (PERMANENT COSMETIC BUSINESS) AT 14200 MIDWAY ROAD, SUITE 107 AND WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed location is a 500 square foot office suite within the one story multi- tenant office building addressed as 14200 Midway Road. The building is located on the east side of Midway Road approximately 960 feet north of Spring Valley Road. The applicant intends to limit operations to a form of tattooing commonly known as "permanent cosmetics". Permanent cosmetics is typically used to enhance facial features and to conceal the otherwise visible effects of surgical procedures. Like the more common form of tattooing, the application of permanent cosmetics makes use of a needle or similar instrument to insert pigment under the skin. In February, 1994, the Texas Department of Health established comprehensive regulations pertaining to tattoo studios, their licensing and operations. In November, 1997 the City Council approved Ordinance No. 2358 which established definitions and locational restrictions for Volume 77, page 27 tattoo studios. Neither the State nor the City of Farmers Branch regulates "permanent cosmetics" any differently than other forms of tattooing. The proposed tattoo studio use and location satisfy the requirements of City Ordinance No. 2358. The Planning and Zoning Commission, by unanimous vote, recommends approval of the Specific Use Permit for a tattoo studio at 14200 Midway Road, Suite 107 subject to the following conditions: 1. Tattooing performed on the premises shall be limited to permanent cosmetics exclusively, generally including, but not limited to, eye liner, lip liner and lip coloring. 2. Signage for the business shall be limited to a 10" by 13" sign posted at the suite entrance that reads "Kaysea's Permanent Cosmetics" and listings in the building directories. 3. The tattoo studio shall, at all times, maintain full compliance with all requirements of Texas State Law relative to such uses. Mayor Phelps opened the public hearing. Mr. Clay Hendricks, 303 London Lane of Duncanville, stated he and his wife have been working with the Planning and Zoning Commission, and the City Council since November. He feels he has provided the City with information and stated he would comply with the City's conditions and the State's requirements. Mr. Hendricks stated he has turned in the specific use permit and hopes the Council will allow him to have this business. A motion by Councilman Bird, seconded by Mayor Pro Tern Davis, all voting "aye," closed the public hearing. Councilman Bird asked if tattooing of designs, names, symbols or numbers would be performed at the Hendricks proposed business. Mr. Hendricks replied tattooing at their shop will consist of cosmetic tattooing which includes eyeliner, lip liner, and lip coloring and would not have designs, names, symbols or numbers. Mayor Phelps asked Mr. Hendricks if he is familiar with the three conditions recommended by the Planning and Zoning Commission. Mr. Hendricks replied he is familiar with the conditions. Mr. Escalante stated the issue of what is cosmetic tattooing is not well defined. He stated in order to facilitate this operation and avoid the difficulties that can occur with other types of tattooing, he stated signage is the key. It clearly defines what this service is versus other kinds of tattoo requests the City may receive under this ordinance. Volume 77, page 28 Mr. Escalante stated a definition has been included in the specific use permit. It is general in nature, but the City has attempted to address some of the concerns relative to this type of business through the restrictions of signage. Mayor Pro Tern Davis asked Mr. Hendricks if there would be tattoo removal. Mr. Hendricks replied no, the business just applies cosmetic tattooing. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Grubbs, all voting "aye, "-approved the following captioned Ordinance No. 2372 and the Specific Use Permit for a tattoo studio at 14200 Midway Road, Suite 107 with three 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 TATTOO STUDIO AT 14200 MIDWAY ROAD, SUITE 107, LOCATED ON THE EAST SIDE OF MIDWAY ROAD APPROXIMATELY 960 FEET NORTH OF SPRING VALLEY ROAD AND WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT; 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. C.4 DISCUSSION BY PATSY LEINS AND HILL NORVELL CONCERNING A RESIDENTIAL UTILITY BILL. Ms. Patsy Leins and Mr. Hill Norvell, 3518 Brookline Lane, came before the Council to appeal their October 13, 1997 water bill of $526 for the use of 201,000 gallons of water. They made a short presentation which chronicled the events leading to their appeal of the amount of the bill and asked the Council to waive or reduce the amount. Ms. Leins also recommended the adjustment procedure for routine matters be changed. She suggested the adjustment be based on the "per gallon" amount charged by the City of Dallas to Farmers Branch when an excessive bill or use occurs without the homeowner's knowledge. Mr. Pavageaux, Public Works Director, stated the water meter was tested twice and there were no malfunctions. He also stated the meter has been replaced. Mr. John Boyle, City Attorney, stated in order to adjust the bill, the Council would have to amend the ordinance. Mayor Phelps asked the Council if they felt an adjustment should be made on Ms. Leins and Mr. Norvell's water bill. Volume 77, page 29 The City Council made no motion to adjustment this water bill. Mayor Phelps stated that Mr. Norvell could get with the Finance Director Mr. Cox to implement a payment plan on the water bill. Mr. Norvell thanked the Council for allowing him to be able to pay the $526 over an extended period of time. He also asked if something could be done in case this happens again. Mayor Phelps stated the City will look into this matter and staff would survey other cities to see what their policy is in regards to similar matters. D.1 CONSIDER ORDINANCE NO. 2370 ISSUING THE ELECTION ORDER CALLING FOR A CITY COUNCIL ELECTION FOR PLACE 1 AND PLACE 4 ON MAY 2, 1998 AND TAKE THE APPROPRIATE ACTION. Mayor Phelps presented the following information. On May 2, 1998 an election for City Council Place 1 and Place 4 will be held at the Farmers Branch Manske Library, 13613 Webb Chapel Road. Place 1 and Place 4 will serve a three year term. Early voting will be held in city hall beginning April 15, 1998 and ending April 28, 1998. 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 25, 1998 from 8:00 a.m. to 5:00 p.m. and Sunday, April 26, 1998 from 1:00 p.m. to 6:00 p.m. for the convenience of the citizens to vote early. In the event the Council wishes to enter into a joint election contract with Dallas County, it will be necessary to amend the election order at a later date. Dallas County has a meeting scheduled with cities to discuss the election contract on February 5, 1998. Dates for a runoff election will be discussed at that meeting. At a subsequent meeting City Council can establish a runoff date. The City Secretary recommends the issuance of the Election Order by adopting Ordinance No. 2370. There being no discussion, a motion by Councilman Bird, seconded by Mayor Pro Tern Davis, all voting "aye," adopted the following captioned Ordinance 2370 issuing the Election Order calling for a City Council Election for Place 1 and Place 4 to be held on May 2, 1998. ORDER CALLING AN ELECTION FOR CITY COUNCIL MEMBERS, PLACE 1 AND PLACE 4. D.2 CONSIDER ADOPTING ORDINANCE NO. 2373 APPROVING RETAIL BASE RATE REDUCTIONS FOR TEXAS UTILITIES ELECTRIC COMPANY AND TAKE APPROPRIATE ACTION. Volume 77, page 30 Mayor Phelps presented the following information. TU Electric filed a Petition and Statement of Intent to implement base rate reductions for retail electric service in Farmers Branch. The Petition states that TU will lower the base cost of electricity for residential customers by 4 percent in 1998 effective January 1, 1998 and an additional 1.4 percent in 1999. Small and medium-sized businesses would see rates drop 2 percent and all other customers could get a 1 percent rate decrease for 1998. Ordinance No. 2373 approves the rate reductions for the retail electric service customers in Farmers Branch. It also authorizes an intervention in the PUC proceeding. The City will intervene through a Steering Committee of cities served by TU Electric. The purpose of the intervention will be to advocate any and all appropriate rate relief and oppose any provision that are found to be contrary to sound regulatory and public policy. Staff recommends adopting Ordinance No. 2373 which approves the retail base rate reductions for Texas Utilities Electric Company, providing an effective date and approving a most favored nation provision. Mrs. Jean Hooker, Manager, TU Electric, 14400 Josey Lane, stated she was present to discuss the rate decrease. She stated TU Electric will lower the base cost for residential customers by 4 percent in 1998 and an additional 1.4 percent in 1999. Mrs. Hooker stated TU Electric feels these rates are fair to the customers, shareholders and all concerned. She also stated it will lower customer cost and provide regulatory certainty for two years and caps rates. Mrs. Hooker stated she would like to recommend the Council approve the retail base rate reduction plan for Texas Utilities Electric Company. Mayor Phelps asked Mrs. Hooker when this would reflect on citizen's bills. Mrs. Hooker replied it is in effect currently and residents would see a reduction in their bill by the end of the month. Councilman Bird asked if it was already in effect. Mrs. Hooker replied it went into effect January 1, 1998. Councilman Bird asked Mrs. Hooker what if the Council does not approve the reduction. Mrs. Hooker replied it became effective on the interim rate, and continues after 90 days if the Council approves. There being no further discussion, a motion by Councilman Grubbs, seconded by Councilman Robbs, all voting, "aye," adopted the following Volume 77, page 31 captioned Ordinance No. 2373 which approves the retail base rate reductions for Texas Utilities Electric Company, providing an effective date and approving a most favored nation provision AN ORDINANCE APPROVING RETAIL BASE RATE REDUCTIONS FOR TEXAS UTILITIES ELECTRIC COMPANY, PROVIDING AN EFFECTIVE DATE, APPROVING A MOST FAVORED NATION PROVISION, FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. D.3 CONSIDER ADOPTING RESOLUTION NO. 98-013 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GALLAGHER CONSTRUCTION COMPANY RELATIVE TO CONSTRUCTION MANAGEMENT SERVICES FOR THE NEW SENIOR CENTER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. There is $2,200,000 allocated for a new Senior Center in the Capital Improvements Program. To date a Master Plan has been completed and approved by Council, and the Architect is presently working on the detail design and the compilation of plans and specifications. During the January 5, 1998 Study Session, staff recommended to Council that a Construction Manager rather than a General Contractor be contracted to oversee the construction of the new Senior Center. Council agreed and directed staff to return with a construction management recommendation and contract for review. Staff sent Requests for Qualifications to seventeen construction management firms. Seven submittals were received. Representatives from four firms were interviewed. Staff recommends that Gallagher Construction Company be contracted for construction management services at a not to exceed amount of $255,000 for the Senior Center project. The Director of the Parks and Recreation Department recommends adopting Resolution No. 98-013 authorizing the City Manager to execute a contract with Gallagher Construction Company relative to construction management services for the new Senior Center. Mayor Pro Tern Davis asked if this fee was in the normal realm of what other cities are charged for a construction manager. Mr. Escalante replied it was within the range of what other cities are charged. He stated school districts have used construction managers for a long time and the City has checked with the cities of Rowlett and Grapevine. He stated this is relatively new for cities and the cost of construction management services varies based on a project cost. Mr. Escalante stated the City is not looking for the low bid, but a quality construction manager that will work with the City on value engineering and securing specialty subcontractors. The City needs a construction Volume 77, page 32 manager who gives the City a cost effective building that will move forward smoothly through professional construction management services. Mayor Phelps stated the construction manager will be working for the City of Farmers Branch. If the City hires a contractor, he would be working for himself. Mayor Phelps stated the cost would be off set by an improved process since the construction manager would be working for the City. Mr. Escalante reviewed the positive aspects of the City employing a construction manager. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 98-013 authorizing the City Manager to execute a contract with Gallagher Construction Company relative to construction management services for the new Senior Center. D.4 CONSIDER ADOPTING RESOLUTION NO. 98-016 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LEEDS CLARK FOR REPAIR, PREPARATION AND PAINTING OF EXTERIOR OF THE 1891 CHURCH AND 1900 SCHOOL HOUSE IN THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 1891 Church was relocated to the Historical Park in 1985 from Renner, Texas and was restored in 1988. The 1900 Farmers Branch School House, built around 1900 near the intersection of Valley View and Dennis Lanes, was relocated to the Historical Park in 1985. The School was restored in 1991. Both the Church and School are in need of exterior repair and painting. The type of restoration work needed for historic buildings requires specialized treatment to maintain both their historical integrity and to insure the durability of the work completed. Leeds Clark, restoration consultant, is one of a few skilled professional historic restoration firms recommended by the National Trust for Historic Preservation. Leeds Clark has submitted a proposal to perform the necessary work on the Church and School for a total of $56,806. Staff recommends proceeding with repairs and painting as outlined by Leeds Clark for an amount not to exceed $56,806. Funds in the amount of $59,000 are available for contract painting projects in the 1997-98 Historical Park Building Maintenance Account. The Director of the Parks and Recreation Department recommends adopting Resolution No. 98-016 authorizing the City Manager to execute a Professional Services Agreement with Leeds Clark for the repair, preparation and painting of the Church and School in an amount not to exceed $56,806. Volume 77, page 33 1 There being no discussion, a motion by Councilman Grubbs, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 98-016 authorizing the City Manager to execute a Professional Services Agreement with Leeds Clark for the repair, preparation and painting of the Church and School in an amount not to exceed $56,806. D.5 CONSENT. D.6 CONSIDER ADOPTING RESOLUTION NO. 98-018 AUTHORIZING THE PURCHASE OF TEN PORTABLE RADIOS FOR THE FIRE DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. A total of $34,200.00 is budgeted in the 1997/98 fixed asset fund for the purchase of ten(10) portable radios. These radios are needed to replace older radios that are reaching the end of their service life. Radio Communications for the Fire Department are provided by contract through the City of Carrollton's Motorola Smartnet, 800 MHz trunked radio system. The main radio system is owned and maintained by the City of Carrollton. The Farmers Branch Fire Department must purchase the portable and mobile radios that interface with the system. 1 Motorola Factory Direct Sales is the sole source for the purchase of the Smartnet portable radios that are needed by the Fire Department. Motorola Factory Direct Sales has quoted a total price of $34,300.00 to provide ten(10) portable radios. The additional $100.00 will be taken from the fixed asset fund. Councilman Moses asked what is done with the old radios. Fire Chief King stated the old radios will still be maintained and used for special events as long as they are serviceable. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 98-018 authorizing the purchase of ten(10) portable radios from Motorola Factory Direct Sales in the amount of $34,300.00. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION Mr. Escalante stated he would be attending a Board Meeting with the Texas City Management Association at the end of the week. Mayor Pro Tern Davis stated she has been asked to serve as a member of the TML Legislative Policy Committee on Public Safety. She stated this would require two or three trips to Austin. Mayor Phelps asked the dates of the meetings. Volume 77, page 34 Mayor Pro Tern Davis replied Friday, March 27, and if she is appointed to a subcommittee the dates would be mid June or July and October, 1998. A motion by Councilman Moses, seconded by councilman Bird, all voting "aye," approved travel for Mayor Pro Tern Davis to Austin to serve on the TML Legislative Policy Committee on Public Safety. D.8 CITIZEN PARTICIPATION No one came forward. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. STUDY SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:40 P.M. AND CONCLUDED AT 7:30 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 LAND ACQUISITIONS - TEXAS GOVERNMENT CODE - SECTION 551.072 1. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT 2435 VALLEY VIEW LANE. 2. DISCUSS LAND ACQUISITION IN AN AREA BOUNDED BY TOM FIELD, EPPS FIELD AND DANNY LANE. 3. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED IN OLD FARMERS BRANCH. Mayor Phelps and members of the City Council discussed possible land acquisitions. E.1 b RECEIVE STAFF REPORT ON THE PROCEDURES USED IN POLICE INVESTIGATIONS - TEXAS GOVERNMENT CODE - SECTION 551.075 Mayor Phelps stated staff gave a report on the procedures used in police investigations. E.2 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary on land acquisition. Volume 77, page 35 A motion by Councilman Grubbs, a second by Councilman Robbs, all voting "aye", approved the deposit of $60,000 into the Dallas County court registry or in lieu authorized the City Manager to extend a $60,000 offer to the property owners to acquire the property addressed as 2435 Valley View Lane. A motion by Deputy Mayor Pro Tern Bird, a second by Councilman Moses, all voting "aye", authorized City staff to proceed with the purchase of the property addressed as 12928 Epps Field Road, and the property addressed as 12934 Epps Field Road for a purchase price not to exceed 5% of the appraised value. Mayor Phelps reported City Manager Richard Escalante gave an update on possible land acquisition located in Old Farmers Branch. E.3 CONSIDER STAFF REPORT ON THE PROCEDURES USED IN POLICE INVESTIGATIONS. Mayor Phelps reported Police Chief Jimmy Fawcett gave a report on the procedures used in police investigations. F.1 ADJOURNMENT. A motion by Councilman Grubbs, a second by Councilman Moses, all voting "aye", adjourned the City Council meeting of February 2, 1998, at 9:21 p.m. Mayor City Secretary Volume 77, page 36