Loading...
2001-05-07 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, May 7, 2001 7:30 p.m. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tern Bill Moses Councilmembers Jim Robbs Charlie Bird Paul Walden The following member of the City Council was absent: Calla Davis 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 Assistant to City Manager Margaret Somereve Management Analyst Traci Leach City Attorney John Boyle City Secretary Cindee Peters Communications Director Tom Bryson Director of Economic Development Norma Nichols Director of Planning Kaizer Rangwala City Engineer Jerry Murawski Director of Parks & Recreation Jeff Fuller Director of Equipment Services Don Moore Library Director Mary Jane Stevenson Deputy Chief Scott Roder Director of Finance Charles Cox Fire Chief Kyle King Director of Public Works Mark Pavageaux Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of May 7, 2001 to order at 7:35 P.M. The meeting was televised. Volume 86, page 30 A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Walden gave the invocation and Mayor Pro Tern Moses led the pledge of allegiance to the flag. MAYOR'S ANNOUNCEMENT Mayor Phelps stated Farmers Branch had an election on Saturday, May 4, 2001, and Place 1 and Place 4 were up for reelection. He stated the results were as follows: In place 1, Charlie Bird received 1,124 votes, and Betty Supinski received 464 votes. In place 4, Bill Moses received 1,064 votes, and Kathleen Matsumura received 534 votes. He stated votes would be officially canvassed at the Special City Council meeting on Thursday, May 10, 2001 prior to the mid- year budget workshop. A.2 PROCLAIM MAY 6 - 12, 2001 AS "NATIONAL SMALL BUSINESS WEEK" IN THE CITY OF FARMERS BRANCH. Mayor Phelps read and proclaimed proclaim May 6 - 12, 2001 as "National Small Business Week" in the City of Farmers Branch. A.3 CONSIDER PROCLAIMING THE WEEK OF MAY 13-19TH AS "NATIONAL POLICE WEEK" AND MAY 15TH AS "POLICE MEMORIAL DAY" IN THE CITY OF FARMERS BRANCH. Mayor Phelps read and presented to Deputy Chief Roder a proclamation proclaiming the week of May 13 - 19th as "National Police Week" and May 15th as "Police Memorial Day", in Farmers Branch. A.4 CONSIDER PROCLAIMING MAY AS OLDER AMERICANS' MONTH IN FARMERS BRANCH. Mayor Phelps read and presented a proclamation to Katie Roberts, Chair of the Senior Advisory Board on "Older Americans' Month" in Farmers Branch. Ms. Roberts thanked the City Council and staff at City Hall for all their support for the seniors. She also invited the Council to the Senior Citizen Volunteer Recognition Banquet at the Senior Center, on Friday, May 11, 2001 at 11:00 a.m. A.5 PRESENTATION OF AWARDS FROM THE BUILDING OFFICIALS ASSOCIATION OF TEXAS TO JIM OLK, NAMED BUILDING OFFICIAL OF THE YEAR, AND TO THE FARMERS BRANCH BUILDING INSPECTION DIVISION, SMALL JURISDICTION AWARD OF EXCELLENCE. Mayor Phelps presented Jim Olk, Building Official with a plaque from the Building Officials Association of Texas. He stated the association annually Volume 86, page 31 recognizes one Building Official in the State of Texas for his or her contributions and accomplishments in the field of construction and code enforcement. Nominees are evaluated based on criteria such as accomplishments, experience, education, certifications in the field, awards, offices held in local, State or National organizations and contributions to the profession. Additionally, the Building Officials Association of Texas annually recognizes three building inspection departments, one each in the large, medium and small jurisdiction categories, for their professionalism and outstanding contributions to the building inspection profession and to their communities. Building departments are grouped by their size and evaluated on their support and involvement in community service, education, code development, Building Professionals Institute, and area chapters. This year the City of Farmers Branch was honored with the Small Jurisdiction Award of Excellence. Mayor Phelps recognized the following individuals for their outstanding accomplishments for the City of Farmers Branch, Jim Olk - Building Official; Jay Hughes - Electrical Inspector; Jonathan Loiselle - Building Inspector; Paul Mattson - Plumbing/Mechanical Inspector; not present were Lee Roberts - Backflow Prevention Inspector; Bill Burns - Plans Examiner; Mark Villalobos - Permit Technician. Mayor Phelps presented the Inspection Department with a Small Jurisdiction Award of Excellence plaque. A.6 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a five-year employee service award to Steve Pace of the Finance/Information Services Department. A.7 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a five-year employee service award to Hong Sae of the Finance/Information Services Department. A.8 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. Mayor Phelps stated Councilwoman Davis was not present due to illness. A.9 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. John Wells, 13525 Heartside Place, stated his questions are in regard to the Conference Center, which was item A.4-on the Study Session. He asked what the Volume 86, page 32 recognizes one Building Official in the State of Texas for his or her contributions and accomplishments in the field of construction and code enforcement. Nominees are evaluated based on criteria such as accomplishments, experience, education, certifications in the field, awards, offices held in local, State or National organizations and contributions to the profession. Additionally, the Building Officials Association of Texas annually recognizes three building inspection departments, one each in the large, medium and small jurisdiction categories, for their professionalism and outstanding contributions to the building inspection profession and to their communities. Building departments are grouped by their size and evaluated on their support and involvement in community service, education, code development, Building Professionals Institute, and area chapters. This year the City of Farmers Branch was honored with the Small Jurisdiction Award of Excellence. Mayor Phelps recognized the following individuals for their outstanding accomplishments for the City of Farmers Branch, Jim Olk - Building Official; Jay Hughes - Electrical Inspector; Jonathan Loiselle - Building Inspector; Paul Mattson - Plumbing/Mechanical Inspector; not present were Lee Roberts - Backflow Prevention Inspector; Bill Burns - Plans Examiner; Mark Villalobos - Permit Technician. Mayor Phelps presented the Inspection Department with a Small Jurisdiction Award of Excellence plaque. A.6 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a five-year employee service award to Steve Pace of the Finance/Information Services Department. A.7 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a five-year employee service award to Hong Sae of the Finance/Information Services Department. A.8 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. Mayor Phelps stated Councilwoman Davis was not present due to illness. A.9 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. John Wells, 13525 Heartside Place, stated his questions are in regard to the Conference Center, which was item A.4 on the Study Session. He asked what the Volume 86, page 32 total estimated cost for the rehabilitation of Phase I. Mr. Escalante replied the estimated cost for Phase I would be approximately $1.6 million. Mr. Escalante stated there are funds in the Hotel/Motel Fund for that project without a bond issue. Mayor Phelps explained that Phase I is to completely reconstruct the west fagade of the building and a portion of the interior. Mr. Wells asked what the cost of Phase II would be. Mr. Escalante replied what has been proposed to Council is to look at a public/private partnership for construction. Mr. Wells asked if there was an estimated cost for the joint effort. Mr. Escalante replied the improvements for a private developer would be estimated in the $1.8 million range. Mr. Wells asked if it would be a joint effort. Mr. Escalante replied a private firm would finance it. Mr. Wells asked if half of the funds would come from Hotel/Motel Funds. Mr. Escalante replied he is suggesting the City not use Hotel/Motel Funds, that it be constructed by a private developer. Mr. Wells asked if the figures include the cost of the 10,000 square foot exhibit hall. Mr. Escalante stated Phase II does. Mr. Wells asked about the cost of the fungal mold problem. Mayor Phelps replied the total was estimated to be $29,000. Mr. Wells asked if the $78,000 annual maintenance fee was in addition to the current expenditures. Mayor Phelps stated the fungal mold problem would be an addition to the current operating expenditure. Mr. Wells asked if the hotel would be a private venture and if the City would not be involved in any of the expenditures. Mayor Phelps replied not on the proposed hotel. Mr. Wells asked if Council has explored the idea of using the Conference Center as an art center. Mr. Escalante replied the plan that was presented is a plan that had a primary purpose, to generate room nights and promote tourism. He stated this building and all the expenditures that have been discussed were coming from Hotel/Motel Funds not General Funds. He explained that one of the attributes about the Conference Center that has been discussed is the 3,000-seat auditorium. He stated one of the markets that the City would be looking at is the entertainment market. Volume 86, page 33 Mr. Wells stated he feels this is very important to the citizens of Farmers Branch and feels they would get a lot of enjoyment out of the entertainment. Mayor Phelps stated one of the City's main concerns is to generate hotel/motel room nights. Mr. Escalante stated the City would be marketing and leasing the property for those organizations that would put on a number of performances. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. A motion by Mayor Pro Tem Moses, seconded by Councilman Robbs, all voting "aye," approved the Consent Agenda. B.1 APPROVED OF MINUTES OF CITY COUNCIL MEETING OF APRIL 16, 2001. B.2 ADOPTED ORDINANCE NO. 2600 APPROVING TWO STREET NAME CHANGES, ROSSFORD STREET TO DENTON DRIVE AND DENTON DRIVE TO ROSSFORD STREET, BETWEEN THEIR INTERSECTIONS WITH ROSSFORD STREET AND DENTON DRIVE; SPECIFYING PLACEMENT OF STOP SIGNS; DELETING YIELD SIGNS AT DESIGNATED LOCATIONS; SPECIFYING SPEED LIMITS ON CERTAIN PUBLIC STREETS. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS PROVIDING FOR THE CHANGE IN STREET NAMES OF ROSSFORD STREET TO DENTON DRIVE AND DENTON DRIVE TO ROSSFORD STREET AND AMENDING ORDINANCE NO. 1381; SECTION 2, SPECIFYING PLACEMENT OF STOP SIGNS; AND AMENDING ORDINANCE NO. 1382, SECTION 2, SPECIFYING PLACEMENT OF YIELD SIGNS AND ORDINANCE NO. 1206, SECTION 2, SPECIFYING SPEED LIMITS ON CERTAIN PUBLIC STREETS; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY CLAUSE AND PROVIDING FOR A SEVERABILITY CLAUSE. B.3 ADOPTED RESOLUTION NO. 2001-041 APPROVING AN AGREEMENT WITH THE DALLAS, GARLAND AND NORTHEASTERN RAILROAD COMPANY TO CONSTRUCT A CROSSING ON CAMBRIDGE CONCOURSE. C.1 PUBLIC HEARING: CONSIDER THE REQUEST OF AT&T WIRELESS SERVICES, L.L.C. FOR A SPECIFIC USE PERMIT FOR 6 WIRELESS TELECOMMUNICATION ANTENNA PANELS TO BE MOUNTED ON THE Volume 86, page 34 FACADE OF AN EXISTING SIX-STORY OFFICE BUILDING AND PLACEMENT OF AN ASSOCIATED EQUIPMENT BUILDING AT 2350 VALLEY VIEW LANE WITHIN PLANNED DEVELOPMENT NO. 24 ZONING DISTRICT, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant proposes to install 6 antenna panels to be mounted at the top of the south, east, and west facades of the six-story One Valley View Place office building at 2350 Valley View Lane. An associated equipment building, approximately 320 square feet in area, is to be located at the northeast corner of the base of the office building. Additionally a cable duct containing connections between the associated equipment building and the antennas is proposed to be extended up a south facing wall projecting from the building's east side. The proposed associated equipment building shall be constructed of aggregate- finished tilt-wall concrete and painted to match the existing office building's finish. The antennas and the cable tray will also be painted to match the building. A parking space dedicated to the exclusive use of antenna service vehicles is provided onsite. Existing emergency generators and a screening fence enclosure located on the east side of the office building were not properly permitted and do not comply with zoning requirements. The Planning and Zoning Commission unanimously recommends approval of the specific use permit subject to the associated site plan and the following conditions: 1. Before issuance of a building permit for the proposed antennas and associated equipment building, the operators of the One Valley View Place building at 2350 Valley View Lane shall bring into zoning and building code compliance the existing generators and fenced enclosure along the east side of the office building. 2. AT&T Wireless Services, L.L.C., or subsequent owner of the antenna system and associated equipment building, shall remove the wireless communications antennas, associated equipment enclosure, and all appurtenances within ninety (90) days subsequent to such time that the antennas and equipment building become obsolete and the use is abandoned. Mayor Phelps opened the public hearing. A motion by Councilman Walden, seconded by Mayor Pro Tem Moses, all voting "aye," closed the public hearing. Volume 86, page 35 Mayor Phelps asked the applicant if he was in agreement with conditions. Bill Bowman, AT&T Wireless Services, 5501 LBJ Freeway, stated he was in agreement with the conditions. Mayor Phelps asked if they would be brought into compliance. Mr. Bowman replied yes, it was his understanding they would, and he had discussed this with City staff. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Bird, all voting "aye," adopted the following captioned Ordinance No. 2601 approving the specific use permit with the two conditions 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, BY GRANTING A SPECIFIC USE PERMIT FOR SIX CELLULAR COMMUNICATIONS ANTENNA PANELS TO BE MOUNTED ON THE SOUTH, EAST, AND WEST FACADES, AND AN ASSOCIATED EQUIPMENT ENCLOSURE TO BE LOCATED AT THE BASE, OF THE OFFICE BUILDING LOCATED AT 2350 VALLEY VIEW LANE NEAR THE SOUTHWEST CORNER OF VALLEY VIEW LANE AND STEMMONS FREEWAY, WITHIN THE PLANNED DEVELOPMENT NO. 24 ZONING DISTRICT. C.2. PUBLIC HEARING: CONSIDER THE REQUEST FROM PARADIGM CONSULTING FOR APPROVAL OF A SPECIFIC USE PERMIT AND ASSOCIATED SITE PLAN TO CONSTRUCT A GASOLINE SERVICE STATION AND CONVENIENCE STORE, INCLUDING SPECIAL EXCEPTIONS FOR SIGNAGE, AT 2422 VALWOOD PARKWAY, WITHIN THE PLANNED DEVELOPMENT NO. 70 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. A Specific Use Permit is required for a gasoline service station to ensure compatibility with nearby residential uses and address site and building design related issues. A convenience store is a permitted use within PD-70 zoning district. This proposed redevelopment project shall include: the removal of a 448 square foot existing building and two fuel pumps; construction of a 2,600-square-foot gas station and convenience store building, including four pump islands under a fuel canopy; landscaping and signage improvements; and improved access and circulation. The proposed building and related improvements have been designed with regard to the nearby residential areas, including a brick exterior and pitched roofline. No outside storage is proposed. Volume 86, page 36 The proposed land use is consistent with the recommendation of the Comprehensive Plan, which identifies this area as General Commercial. Planned Development Number 70 allows special exceptions to the development standards contained within the ordinance. The Planning and Zoning Commission has approved five special exceptions to signage pertaining to number and size of signs. The Planning and Zoning Commission unanimously recommends approval of the petition and associated site plan with the following conditions: 1. The gasoline service station, including convenience store, shall comply with the Plan of Operation, file-dated April 12, 2001. The construction plan for underground storage tanks shall be submitted and approved prior to issuance of building permits. 2. The construction plan for underground storage tanks shall be submitted and approved prior to issuance of building permits. Mayor Phelps opened the public hearing. A motion by Mayor Pro Tem Moses, seconded by Councilman Robbs, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilman Bird, seconded by Mayor Pro Tern Moses, all voting "aye," approved the following captioned Ordinance 2598; approving the Specific Use Permit and associated site plan, including the conditions 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, BY GRANTING A SPECIFIC USE PERMIT FOR A GASOLINE SERVICE STATION INCLUDING CONVENIENCE STORE, LOCATED AT 2242 VALWOOD PARKWAY AT THE SOUTHEAST CORNER OF VALWOOD PARKWAY AND DISTRIBUTION WAY, AND WITHIN THE PLANNED DEVELOPMENT NUMBER 70 (PD-70) ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.3 CONSIDER HARDPOINT SOLUTIONS FOR FARMERS BRANCH CREEK AND TAKE APPROPRIATE ACTION. Volume 86, page 37 Mayor Phelps gave the following information. This item has been placed on the agenda at the request of Councilman Bird and Mayor Pro Tem Moses. Councilman Bird explained that he and Councilman Moses had placed the hardpoints on the agenda for this meeting because they feel it is time to take action after the elections. He stated there have been a lot of issues, discussions, and meetings and now is the time to take action. He stated he and Councilman Moses believe that the sanitary sewers need to be protected in the creek. Councilman Bird stated the possibility of the sewer lines breaking at anytime, presents an environmental risk. He stated at the last meeting on Farmers Branch Creek several options were discussed, one being hardpoints. He stated the City could put hardpoints at the sanitary sewer crossing locations with a condition that homeowners give the necessary easements. He stated if the City does not get the easements, hardpoints cannot be constructed. Mayor Pro Tem Moses stated the hardpoints were brought up in a study session several months ago. He stated it may be necessary to acquire easements on both sides of the creek. Councilman Bird stated not only are there City sanitary sewer lines crossing the creek, there are also privately owned sewer lines. He emphasized that something needs to be done and a decision made. Councilman Bird urged the Council to consider a motion to direct staff to have a meeting with residents where hardpoints are and arrive at solutions. Councilman Walden asked Mr. Bird for clarification concerning a motion to direct staff to proceed with the hardpoints where sewer lines cross the creek. He asked if this included enhancements at these locations to stabilize and reduce undercutting and obtain easements to perform the work. Councilman Bird replied yes. Councilman Walden requested that the City Manager review this particular option including the cost. Mr. Escalante stated it is his understanding that Council's direction would be to proceed with Option Two of the alternatives previously presented to the City Council relative to creek policy. Mr. Escalante stated that under Option Two the protection of the sanitary sewer crossings could be designed and constructed as hardpoints if the adjacent property owners commit to provide the necessary easements and construct compatible erosion control improvements. Mr. Escalante stated the process would be to have meetings with residents in the vicinity of the potential hardpoints to determine the interest in going forward with Volume 86, page 38 this option. He stated if there is interest, preliminary engineering would be performed. He stated when the preliminary engineering is completed, the City would know who is impacted and from whom the City would need easements. The City would also find out who is interested in the project. Mr. Escalante stated the money could come from the Capital Improvement Project Budget for improvements to sewer lines. He stated the City does not know how many sewer lines people would want to protect, nor does the City have a good idea as to cost. He stated the City could develop cost estimates for engineering consulting fees by the mid-year budget review. Mr. Escalante stated the City could begin the process without any significant allocation of funds. He stated he understood the motion to begin the process to determine the level of interest and bring the information back to the Council. Mr. Escalante stated a portion of the funds would have to be other than utility funds because the improvements are an additional enhancement. He stated funding could be discussed during the midyear budget review. Councilman Bird asked Mr. Escalante if he could put a timeline together for Council to meet their objectives. Mr. Escalante replied yes. Councilman Robbs stated residents should talk to the property owners involved to give the City easements for this development. He stated without residents' cooperation, this project cannot go forward. Mr. Escalante stated there were a number of other alternatives and recommendations in the report. He stated this action does not preclude the City from looking at other alternatives, and there would be another time for discussion of the other alternatives. Gail Gatcomb, 2638 Farmers Branch Lane, stated she was late on April 9, 2001 because she was meeting with Congressman Dick Armey. She stated she discussed with Mr. Army that she and 145 other residents that live along the creek were having difficulty with the City of Farmers Branch. She stated before any action is taken she suggested that the City invite Halff and Halff or TCB Engineering Firms see what their thoughts are, including the $500,000 proposed repair work to the Bonneau property at the Mallon Creek Park Dam. Mary Creason, 12314 Veronica, stated she is experiencing a lot of damage on her property, has lost 20 feet of her backyard, has put up a $4,000 fence, and the water is now moving to the other side of the fence. She also stated she is within six feet of losing her swimming pool. Ms. Creason stated she spoke with Mr. Murawski and he agreed that her pool is in danger. She stated she has been fighting this since 1985 and feels it is not only a creek issue but also a Farmers Branch issue. Ms. Creason feels that something Volume 86, page 39 needs to be done to resolve this issue even though she may have to go to a higher authority. Ms. Creason stated she does not feel the hardpoints are a good place to start. Councilman Walden stated that his recollection was that the discussions at a previous meeting on the dams along Farmers Branch Creek were focused on the risks to the dams and that the condition of the dams was presently unknown. Ms. Gatcomb stated she was at the meeting also and her recollection was it is best if all the dams are fixed. She stated that Mr. Bonneau has deposited riprap in the creek. She stated she has asked several times to have this moved because it redirects the water onto her property. Dennis Redwine, 2624 Dixiana, stated he has attended several creek meetings and Mr. Escalante has discussed different financial plans. He stated it appeared that the creek improvements are basically the same but the financial plans were different. He stated that he understands the issue is fixing the hardpoints but not developing private property. Mr. Escalante stated there are a number of financing mechanisms depending on the project implemented and the depth of City involvement. He stated under the option being discussed at this meeting the City would have to acquire additional easements to allow construction and access to construct hardpoints at the sewer lines. Additionally, the City would have to obtain permission from the property owners to impound water. He stated if the water is impounded this could have either a positive or negative impact on residents downstream. He stated that Council has asked staff to have preliminary discussions with the property owners in the near future about this concept. Mr. Redwine asked if the plan encompasses having an easement along the entire length of the creek. Mr. Escalante replied the City would have to acquire property along the entire length of the creek, if the City were to accept liability for the creek. Mr. Redwine stated he believes the best plan would be to provide for a drainage fee, with the City coming together as a community to resolve the problem. He stated from his point of view, when building upstream, the City should find out how it would affect residents downstream. He stated the City should look at a master drainage plan. Mr. Escalante stated the City has studied the affects of development over the past several years and the affects that will take place at the ultimate build out. He stated he would be happy to share the information with Mr. Redwine. Volume 86, page 40 Mr. Redwine stated he has reviewed the most recent study that was at the Manske Library. He stated from his perspective, the study only addresses the homeowners doing their piece of the project; it does not address the project as a whole. Mr. Escalante stated there was a study that looked at the entire watershed, evaluated it, evaluated development that has occurred, and evaluated development that will occur. He stated Mr. Murawski could make that document available to Mr. Redwine. Councilman Bird stated if the residents along the creek do not want this motion, then the City still needs to protect the sewer lines because of environmental issues. A motion by Councilman Bird, seconded by Mayor Pro Tem Moses, to direct staff to have a meeting quickly with residents involved where hardpoints are to be located and begin work on solutions. Councilman Robbs asked the people who are studying the latest engineering study and with several recommendations for solving the problems, be aware of the $200,000 that has been spent so far to develop this information. Ms. Gatcomb stated that the sewer line problem has been an ongoing problem for 15 years. Everyone should be concerned if these lines are damaged and pollute the creek and the Trinity River where residents get their drinking water. She stated this would create a public health issue. She stated, yes, she wants the Council's help, but wants it to be done correctly. Mr. Escalante stated the City has taken steps to protect the sewer lines, and they have been capped with concrete. He also stated in the recent study it is indicated that the City can do more to better protect the sewer lines. What is being discussed here is a method to enhance the protection of the sewer lines. Ms. Creason asked if the action to go forward with the hardpoints is approved, how would that figure into an overall plan to address the entire creek. Mr. Escalante stated the proposed motion does not exclude all the other alternatives that are available. Mr. Creason asked how many years would it take for these other options to be considered. Mr. Escalante stated no date has been determined at this time. He stated staff would meet with residents and would bring back information from the discussions to the Council, as well as other ideas. Mr. Escalante stated very little can be done until it is determined if the residents are interested in participating in developing these hardpoints. Volume 86, page 41 Ms. Creason asked if the 145 residents along the creek have been asked which option they are interested in before the hardpoints are done. Mr. Escalante replied they have had meetings and input but have not asked all the residents along the creek. Ms. Creason stated she feels that the residents along the creek should be polled to see if they are interested in giving their easement to the City and community to help resolve this issue. Councilman Bird asked Ms. Creason if she is asking for a City referendum vote for a bond issue. Ms. Creason replied no, she just wants the City to ask the residents along the creek to work with the City; they have never been asked. Councilman Bird stated most residents along the creek have expressed an interest in working with the City to resolve this problem. He also stated he does not believe that residents want a referendum vote on a bond issue. Ms. Creason stated there are other ways such as a sewer tax. She asked if it would not be better to do the whole thing at one time rather than just this small part. Councilman Bird stated he does not feel the whole thing could be done now; the first step must be taken to see what the hardpoints do. Ms. Creason asked what if hardpoints created a problem downstream. Mr. Bird replied then something else would have to be done. Councilman Bird stated the City must begin somewhere. He said it would be wrong to delay for six months to a year. He suggested going ahead with hardpoints with approval of residents, and seeing if the hardpoints slow everything down. Ms. Creason expressed her concern about her home and stated she spoke with FEMA and they suggested she obtain flood insurance. She stated her agent told her it would probably not cover damage to her home if it just collapses. Vicki Johnson, 3161 Brincrest Circle, stated she overlooks the creek and she feels the hardpoints are a logical starting place on this project. Joan Baries, 2935 N. Sunbeck Circle, stated she agrees that the hardpoints are needed but would like to see a timeline for getting things done. Mr. Redwine asked if drainage fees and assessment fees could be used to pay for a bond issue. Councilman Bird replied the Council could pass a one-percent, two- percent, or three-percent fee on sewer or water bills; the average water bill is $40. Volume 86, page 42 One percent of $40 is .40 cents. Over the City it would generate approximately $150,000 a year. Two percent would double it. Mayor Phelps stated to pay for the majority of the cost would require a thirty percent increase on the water bills. Mr. Redwine asked if it would require a bond issue to implement a drainage fee. He stated some cities have various fees one might be for the entire city and another might be for an impact fee. An example is a fee on a property with a large parking lot. Councilman Bird restated his motion, which was, seconded by Mayor Pro Tern Moses to direct staff to have a meeting quickly with residents involved where hardpoints are and get some action done. The motion prevailed unanimously. D.1 CONSIDER CONFERENCE CENTER BUSINESS PLAN AND TAKE APPROPRIATE ACTION. Mayor Phelps stated this item was discussed at the Study Session and on the Report on Study Session items on this agenda. D.2 CONSIDER ADOPTING ORDINANCE NO. 2599 AND ENACTING A NEW CODE OF ORDINANCES FOR THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES IN CONFLICT THEREWITH, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. A code of ordinances for the City of Farmers Branch was last adopted by the City Council in 1969, with subsequent supplements including ordinances approved through January 1977. After that date, the Code was not further amended and the City relied on actual ordinances. While both are legally acceptable formats, the Code is more user friendly. Presented for the Council's consideration is the 2001 edition of the City's Code of Ordinances, which is the compilation of the previous code along with ordinances passed by the City Council through October 2000, as well as the City Charter as amended in 1999. Due to their volume, not included in their entirety in the Code are the sign ordinance, the subdivision ordinance, the zoning ordinance which is now available on the City's website, the uniform building and fire codes, franchise agreements, special districts, and annexations and disannexations. The proposed ordinance provides that all non-conflicting ordinances not included in the Code shall remain in full force and effect. The purpose of this provision is to ensure that sections of the old code were not inadvertently omitted, especially in consideration of the extensive period of time represented by this new codification. Upon adoption by the City Council, the Code becomes the enforcement Volume 86, page 43 . instrument of all codified ordinances, along with those ordinances not included but not in conflict with the Code. Upon passage of adopting Ordinance No. 2599, the Code will be available with word-search capability on the Internet through the Municipal Code Corporation website at www.municode.com. Hard-bound copies are now available in the reference area of the Farmers Branch Manske Library. In addition, Municipal Code Corporation provides a subscription service for persons wishing to purchase hard-bound copies of the code. Interested persons may contact the City Secretary for information on purchasing copies. Staff recommends approval of Ordinance No. 2599 adopting and enacting a new Code of Ordinances for the City of Farmers Branch, providing for the repeal of certain ordinances in conflict therewith; providing a penalty for the violation thereof, providing for the manner of amending such Code; and providing when such Code and this ordinance shall become effective. Mayor Phelps stated none of the fees have been changed; this only makes for a user-friendly way to look for specific ordinances. He stated this has not been changed since 1969 and State law has changed a lot of rules and codes and this book brings everything into compliance. Mayor Pro Tern Moses stated the State Legislature or Senate can change the ruling on any law and the City has to comply. He stated one thing that is most prominent with a lot of discussion is the eight-liners. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Walden, all voting "aye," adopted the following captioned of Ordinance No. 2599 adopting and enacting a new Code of Ordinances for the City of Farmers Branch, providing for the repeal of certain ordinances in conflict therewith; providing a penalty for the violation thereof; providing for the manner of amending such Code; and providing when such Code and this ordinance shall become effective. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES IN CONFLICT THEREWITH; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR TH EMANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE D.3 CONSIDER ADOPTING RESOLUTION NO. 2001-032 AWARDING THE BID FOR THE OAKBROOK/KEN RYMER PARK AMENITIES TO M.A. VINSON CONSTRUCTION COMPANY, INC. AND TAKE APPROPRIATE ACTION. Volume 86, page 44 Mayor Phelps presented the following information. Oakbrook/Ken Rymer Park is located at the corner of Oakbrook Parkway and Park Lake Court. The improvements to this park include erosion control along the east bank of the lake, dam rehabilitation, lake dredging, pathways, benches, tree planting, turf establishment, and an automatic irrigation system. There is $1,169,446 available in the 2000-2001 Non-Bond Capital Improvement program for these improvements. Four bids were received and opened April 17, 2001. All bids met specifications. The low bid was received from M. A. Vinson Construction Co., Inc. in the amount of $1,149,774. Contract time was specified at 180 calendar days. M. A. Vinson Construction Co., Inc. has provided adequate qualifications for similar work. In 1991-1992 M. A. Vinson Construction Co. satisfactorily completed similar improvements to Gussie Field Watterworth Park. The City Engineer and the Director of Parks and Recreation recommend adopting Resolution No. 2001-032 awarding the bid for Oakbrook/Ken Rymer Park Amenities to M. A. Vinson Construction Co., Inc. in the amount of $1,149,774. There being no discussion, a motion by Councilman Walden, seconded by Mayor Pro Tem Moses, all voting "aye," adopted Resolution No. 2001-032 awarding the bid for Oakbrook/Ken Rymer Park Amenities to M. A. Vinson Construction Co., Inc. in the amount of $1,149,774. DA CONSIDER APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION AND THE SCHOOL-COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The following members of the Planning and Zoning Commission have terms that will expire. Mark Saiter 511101 K. D. Connally 511101 (Letter requesting not to be reappointed) David Stack 5/1/01 (Alternate) John Herndon 511101 (Alternate) A motion by Mayor Pro Tem Moses, seconded Councilman Robbs, all voting "aye," reappointed Mark Saiter, reappointed and moved David Stack from Alternate Place 1 to Place 7, reappointed and moved John Herndon from Alternate Place 2 to Alternate Place 1, and moved Ben Robinson from the Zoning Board of Adjustment to Alternate Place 2 on the Planning and Zoning Commission. 0 Volume 86, page 45 Mayor Phelps stated that Frank Shor has been very busy and asked that he have more time to check with the committee members of the School-Community Relations Committee. Mayor Phelps stated the School-Community Relations Committee would be postponed until the next meeting. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. A motion by Councilman Bird, seconded Councilman Robbs, all voting "aye," approved travel for Mayor Phelps to travel to Philadelphia to accept a National Award for the City with Richard Escalante, City Manager, and Charles Cox, Finance Director, in Philadelphia. Mr. Escalante stated he attended the International City Management Association Best Practices Symposium. He stated the sessions he attended concerned commercial development, benchmarking, and how to apply benchmarking to budgeting. He stated a very interesting session he attended was presented by Trenton, New Jersey, and a representative from the EPA, speaking about brownfields. He stated the city has been dealing with certain contaminated areas, and he had a discussion with them about a battery plant that had shut down. The battery plant was operated by GNB and then acquired by Exide. D.6 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Councilman Robbs stated he would like to put the Senior Adult Services on the next Study Session to speak about their budget. Mayor Phelps stated on Friday at the Dallas Mobility Coalition, gave a report from the North Texas Turnpike Authority and TX Dot about a meeting on May 31, 2001 at Carrollton City Hall. He stated this is a very important meeting; they will be making decisions/recommendation on segment 4, which is the George Bush Tollway from Trinity Mills, I-35 around to I-635 at Valley View. He stated this is the segment that Farmers Branch has been working for. Mayor Phelps suggested anyone interested from the Farmers Branch area needs to attend because it will affect the traffic in Farmers Branch on I-35 and help the traffic on I-635. Mayor Phelps specifically asked that Dave Davis, Traffic Engineer, be in attendance at the May 31, 2001 meeting. D.7 CITIZEN PARTICIPATION. Frank Shor, 2517 Danny Lane, stated he would like to applaud the four candidates who ran for office, and congratulated the two candidates that received the most votes. He also thanked all the volunteers for their public service. Volume 86, page 46 r J Mayor Phelps congratulated Mr. Shor on his race for the Carrollton-Farmers Independent School District School Board. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:45 P.M. AND CONCLUDED AT 7:25 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.1 Meeting with City Attorney pursuant to Texas Government Code Section 551.071 (2) and 551.072. 1. Relative to the attorney's advice on a contract with Giltner Custom Homes and discussion of the potential sale of City owned single-family real estate in Branch Crossing as required by the Texas Disciplinary Rules of Professional Conduct. Mayor Phelps explained Staff was present to discuss this item with the City Council. E.2 Discuss land acquisitions - Texas Government Code Section 551.072. 1. Discuss sale or trade or leases of City owned property or acquisition of property located in the area known as Old Farmers Branch and property at 2425 Valley View Lane and take appropriate action. Mayor Phelps explained that 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. F.2 Adjournment. A motion by Councilman Walden, a second by Mayor Pro Tern Moses, all voting "aye", adjourned the City Council meeting of May 7, 2001 at 9:33 p.m. Mayor City Secretary Volume 86, page 47