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2001-07-16 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, July 16, 2001 7:30 p.m. The following members of the City Council were present: Mayor Bob Phelps Councilmembers Jim Robbs Paul Walden Bill Moses The following members of the City Council were not present: Mayor Pro Tem Deputy Mayor Tem Calla Davis Charlie Bird The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager John Burke Assistant to City Manager John Roach Assistant to City Manager Margaret Somereve City Attorney John Boyle City Secretary Cindee Peters Communications Director Tom Bryson Director of Community Services Michael Spicer City Engineer Jerry Murawski Assistant Director of Parks & Recreation Jeff Harting Library Director Mary Jane Stevenson Police Chief Jim Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council meeting of July 16, 2001 to order at 7:40 p.m. The meeting was televised. Mayor Phelps stated to let the record show that Mayor Pro Tem Davis and Deputy Mayor Pro Tem Bird were not in attendance. Volume 86, page 88 MAYOR'S ANNOUNCEMENT Mayor Phelps stated the City Council agenda is available on the Internet on a test basis for everyone to review and give the City feedback. He stated the web address to the Council agenda is www.ci.farmers-branch.tx.us/testdoc.pdf. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Moses gave the invocation and Councilman Robbs led the pledge of allegiance to the flag. A.2 PRESENTATION OF SERVICE AWARD. Mayor Phelps stated Tommy Strange was not in attendance this evening. A.3 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 15-year employee service award to Jeff Bair of the Equipment Services Department. 1 A.4 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a 20-year employee service award to Martin Garcia 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 and the City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. John Wells, 13521 Heartside, stated A.3 on the Study Session "Discuss DART Station Area Planning" was a very good presentation but he felt it should have been televised for all the residents to see. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," added agenda item D.5 to the Consent Agenda. A motion by Councilman Moses, seconded by Councilman Walden, all voting "aye," approved the Consent Agenda as amended. Volume 86, page 89 1 B.1 APPROVED OF MINUTES OF CITY COUNCIL MEETING OF JUNE 4, 2001. B.2 APPROVED OF MINUTES OF CITY COUNCIL MEETING OF JUNE 6, 2001. B.3 APPROVED OF MINUTES OF SPECIAL CITY COUNCIL MEETING OF JUNE 18, 2001. B.4 APPROVED THE REQUEST OF THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT FOR FINAL PLAT OF VIVIAN FIELD MIDDLE SCHOOL ADDITION REVISED. B.5 APPROVED REQUEST BY STANLEY WORKS FOR FINAL PLAT FOR STANLEY WORKS ADDITION. B.6 APPROVED REQUEST BY THOMAS AND BONNEAU, INC. FOR FINAL PLAT OF BRANCH CROSSING NO. 1. B.7 APPROVED THE REQUEST OF NGAN BROTHERS, LLC FOR FINAL PLAT OF K. C. CAPS. B.8 ADOPTED RESOLUTION NO. 2001-065 APPROVING A DEVELOPER'S CONTRACT WITH NGAN BROTHERS, LLC FOR K.C. CAPS. B.9 ADOPTED ORDINANCE NO. 2592 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 6, SECTION 82- 95; RELATIVE TO PROHIBITING PARKING ALONG GILLIS ROAD. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, OPERATION OF VEHICLES, DIVISION 6, PARKING, SECTION 82-95, NO PARKING ZONES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND REPEALING ORDINANCE NO. 1417 AND ORDINANCE NO. 1630. B.10 ADOPTED ORDINANCE NO. 2616 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 6, SECTION 82- 95; RELATIVE TO PROHIBITING PARKING ALONG THE CABELL ELEMENTARY CAMPUS, EXCEPT FOR SCHOOL BUSES. Volume 86, page 90 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, OPERATION OF VEHICLES, DIVISION 6, PARKING, SECTION 82-95, NO PARKING ZONES; PROVIDING A PENALTY; AND PROVIDING A SEVERABILITY CLAUSE. B.11 ADOPTED ORDINANCE NO. 2618 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 6, SECTION 82- 61; RELATIVE TO PROHIBITING U-TURNS ALONG ROYAL LANE IN BOTH DIRECTIONS AT ALL MEDIAN OPENINGS WITHIN THE CITY LIMITS OF FARMERS BRANCH FROM 11:00 P.M. TO 5:00 A.M. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, OPERATION OF VEHICLES, DIVISION 4, TURNING MOVEMENTS, SECTION 82-61, U-TURNS PROHIBITED; PROVIDING A PENALTY; AND PROVIDING A SEVERABILITY CLAUSE. B.12 ADOPTED RESOLUTION NO. 2001-054 ENDORSING ALIGNMENT ALTERNATIVE 10 FOR THE PRESIDENT GEORGE BUSH TURNPIKE, SEGMENT IV. B.13 ADOPTED RESOLUTION NO. 2001-064 AWARDING THE BID FOR THE CONSTRUCTION OF THE ENTRY MONUMENTS AND HISTORICAL PARK SIGNAGE TO RATLIFF MASONRY, INC. B.14 ADOPTED RESOLUTION NO. 2001-072 AWARDING THE BID FOR THE INSTALLATION OF SHADE STRUCTURES AT ORAN GOOD ALL CHILDREN'S PARK FOR THE PARKS AND RECREATION DEPARTMENT. B.15 ADOPTED RESOLUTION NO. 2001-053 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GUARDIAN SERVICES FOR AIR DUCT CLEANING SERVICES. B.16 ADOPTED RESOLUTION NO. 2001-055 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH NICOLAOU & ASSOCIATES FOR VIDEO SYSTEM INTEGRATION SERVICES AT CITY HAL. Volume 86, page 91 B.17 ADOPTED RESOLUTION NO. 2001-058 AWARDING THE BID FOR CURB REPAIRS AT VARIOUS LOCATIONS. B.18 ADOPTED RESOLUTION NO. 2001-060 AWARDING THE BID FOR LARGE WATER METERS WITH REMOTE READ TECHNOLOGY FOR THE PUBLIC WORKS UTILITIES DIVISION. D.5 ADOPTED ORDINANCE NO. 2603 ESTABLISHING THE MAXIMUM PERMITTED BASIC SERVICE TIER RATE CHARGED BY TCI CABLEVISION OF DALLAS KNOWN AS AT&T BROADBAND. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS ESTABLISHING THE MAXIMUM PERMITTED BASIC SERVICE TIER RATES CHARGED BY TCI CABLEVISION OF DALLAS, INC., DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. C.1 PUBLIC HEARING: CONSIDER THE REQUEST FROM A.J. VACARRO FOR MICHAEL GREGORY FOR APPROVAL OF A SPECIFIC USE PERMIT- INTERIM USE TO ALLOW OUTDOOR STORAGE OF PIPE AND OTHER PLUMBING SUPPLIES FOR 3-YEARS, TO EXPIRE ON FEBRUARY 1, 2004, AT 1641 KEENAN BRIDGE ROAD, WITHIN THE PLANNED DEVELOPMENT NO.77 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed specific use permit-interim use would be the second extension for the same applicant and use since 1994. The last specific use permit-interim use was approved in 1999 and expired on February 1, 2001. The applicant seeks another extension for three years. The applicant has completed repair of several property maintenance and zoning items. The only remaining maintenance item is resurfacing the asphalt entry drive and front parking area, as required by the parking maintenance code. The applicant has agreed to complete the resurfacing by August 16, 2001. The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit-interim use and the associated site plan, with the following conditions: 1. The Specific Use Permit-Interim Use shall expire on February 1, 2004. 2. By August 16, 2001, the applicant shall resurface the existing asphalt parking area and entry drive with a new asphalt surface. Mayor Phelps opened the public hearing. Volume 86, page 92 Angelo Vaccaro, 202 Willingham Drive, Coppell, Texas, was present representing Michael Gregory. A motion by Councilman Robbs, seconded by Councilman Walden, all voting "aye," closed the public hearing. Councilman Walden asked Mr. Vaccaro if there would be a problem getting the asphalt covered. Mr. Vaccaro replied no. There being no further discussion, a motion by Councilman Walden, seconded by Councilman Robbs, all voting "aye," adopted the following caption Ordinance No. 2613 approving the Specific Use Permit-Interim Use for outdoor storage for a period of not less than 3 years, expiring on February 1, 2004. 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-INTERIM USE TO ALLOW OUTDOOR STORAGE OF PIPE AND OTHER PLUMBING SUPPLIES FOR A PERIOD OF THREE (3) YEARS (TO EXPIRE ON FEBRUARY 1, 2004) ON A 1.6 ACRE TRACT OF LAND SPECIFICALLY DESCRIBED AS THE GREGORY ADDITION AND MORE COMMONLY KNOWN AS 1641 KEENAN BRIDGE ROAD WITHIN THE PLANNED DEVELOPMENT NO. SEVENTY-SEVEN (PD-77) ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. C.2 PUBLIC HEARING: CONSIDER THE REQUEST FROM KERRY CURTSINGER FOR APPROVAL OF A SPECIFIC USE PERMIT - INTERIM USE FOR A PERIOD OF THREE YEARS TO ALLOW AN INDOOR COMMERCIAL AMUSEMENT WITHIN A DANCE STUDIO LOCATED AT 12879 JOSEY LANE, SUITE 130, WITHIN THE PLANNED DEVELOPMENT NO. 8 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject site is located within the Josey-Val shopping center situated at the southwest corner of Valley View Lane and Josey Lane. The site is currently used as a dance studio during afternoon and evening hours and for church related activities on Sundays. Volume 86, page 93 The applicant's intent was to rent the space for parties, receptions, graduations and other similar social events that would be considered indoor commercial amusements. The proposed Specific Use Permit - Interim Use would expire on May 31, 2004. Subsequent to the Planning and Zoning Commission's consideration of this request, the applicant sold the business and has requested his application be withdrawn. The City Council may honor the applicant's request to withdraw or proceed with acting upon the request as originally filed, or may act to approve the Planning and Zoning Commission's recommendation to deny the Special Use Permit. Regardless of the action taken by City Council the current uses of the property as a dance studio and a church will not be affected. Planning and Zoning Commission Recommendation: On May 14, 2001, the Planning and Zoning Commission, by unanimous vote, recommended denial of the Specific Use Permit - Interim Use. Mayor Phelps opened the public hearing. Bill Duffy, 2802 Escada, 105W, Tara Place Condominium, stated he is president of the Homeowners Association for the Tara Place Condominiums and is representing the 170 individual homeowners who are opposed to the Specific Use Permit - Interim Use. He gave several reasons for the opposition, which included noise, trash, and the safety of the residents that live in Tara Place. A motion by Councilman Walden, seconded by Councilman Moses, all voting "aye," closed the public hearing. John Boyle, City Attorney, stated there is a limitation that the applicant cannot come back to Council for 18 months if denied. Richard Escalante stated on a practical level this brings some closure to the issue in the event there are new owners and they wanted to resurrect the request. The City can point to specific consideration and the action taken by Council if they choose to deny it. The files are filled with police reports and complaints relative to this kind of use at this location. He stated this gives the City the ability to deal with similar requests in the future for the location should there be new management. Councilman Walden asked Police Chief Fawcett to give a brief testimony about his department's experience as mentioned by Mr. Duffy. Chief Fawcett stated his department has made responses to noise complaints for late night parties that were held at that location. He stated citations were given, and the Police Department worked with Community Services on the problem and Volume 86, page 94 the certificate of occupancy was pulled at one time. He stated new management has come in and he believes the certificate of occupancy has been reissued. He also stated there have been no problems recently. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Walden, to deny the Specific Use Permit - Interim Use for an indoor commercial amusement for a period of three years. D.I CONSIDER THE INTERIM REPORT ON RESPONSES FROM PROPERTY OWNERS ADJACENT TO SANITARY SEWER CROSSINGS ALONG FARMERS BRANCH CREEK AND INFORMATION FROM MEETINGS HELD TO DATE WITH THOSE PROPERTY OWNERS INTERESTED IN PARTNERING WITH THE CITY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. At the June 4, 2001 City Council meeting, the Council authorized staff to begin Phase Two of the research regarding potential policy alternatives to address erosion and sedimentation along the City's creeks. Phase One was presented to the Council and residents at the March 5, 2001 City Council meeting. The City Council has requested additional information on an alternative in which the City and the property owners work cooperatively in addressing erosion at locations where the sanitary sewer crosses the creek channel. The crossings may provide an opportunity for the City and property owners to work cooperatively to address the erosion occurring along the creek. Hard points at sanitary sewer crossings could be constructed in a manner that better protects City utilities and makes it easier for property owners to construct their own improvements by reducing the amount of future downcutting. The City Council approved a plan of action for obtaining additional information, which included contacting property owners adjacent to and upstream/downstream of the crossing to determine their interest in meeting with City staff to discuss a project at their crossing. The plan also called for meetings to be held with property owners where an interest was expressed in partnering with the City. Fifty property owners along eleven sanitary sewer crossings on Farmers Branch Creek received letters regarding their interest in meeting with the City to discuss a potential partnership. Thirty-seven property owners returned the response sheet and indicated that they were interested in meeting with staff to discuss a sanitary sewer crossing project. In reviewing the responses from property owners, it appears that all property owners adjacent to and those in the immediate vicinity of three potential hard points have indicated an interest in meeting and discussing a joint project. Property owners have met with staff at two of these locations already. At the remaining sanitary sewer crossings, either the property owners immediately adjacent to the crossing did not express an interest in meeting with staff or there was not a significant number of upstream or downstream property owners indicating their desire to meet to discuss a project. It is anticipated that over time additional positive responses will be received. If additional property Volume 86, page 95 owners at these locations indicate a desire for a partnership project, more meetings would be scheduled. The meetings with property owners will continue and a more comprehensive report will be presented to the Council in October 2001. Traci Leach, Management Analyst, presented an Interim Report, which included a timeline of events, a summary of property owner's responses, and meetings held to date. She stated a more comprehensive report would be presented to the Council in October. Mayor Phelps asked what the next step would be. Richard Escalante, City Manager, stated the next step is up to the City Council. He stated when staff met with the residents it had been determined that there has been substantial interest in this project. He stated if Council chooses for staff to continue information gathering then staff will continue the meetings with residents until October. Mayor Phelps asked about the preliminary cost estimates and if these estimates could be used to design the project Mr. Escalante stated the $150,000 is a reasonable cost figure for each hardpoint. He stated hardpoints 10, 11, and 12, might be a little higher due to private lines. He suggested staff would need direction from the Council on whether staff should start design on the hardpoints. Councilman Robbs stated the City should proceed to meet with current residents who are interested in developing these hardpoints. Councilman Moses stated that those hardpoints that belong to the City should be taken care of as quickly as possible. Mr. Escalante stated staff has inspected all the hardpoints. Councilman Walden asked for clarification on the private lines. Mr. Escalante stated it is his recommendation that the private sewer lines should be incorporated into any improvements at hardpoints 11 and 12. Councilman Walden asked if the sewer lines could be rerouted so as not to cross the creek. Jerry Murawski, City Engineer, stated it is one option that would be looked at during the development of the preliminary plans. Volume 86, page 96 Councilman Walden asked how many private lines are affected. Mr. Murawski replied to his recollection there are three or four, and possible a fifth private sewer line in that area. Mr. Escalante stated in the interim the City still expects the property owners to maintain their private sewer lines. Councilman Walden stated the City should work smart and combine two projects or more to take advantage of the design work. Councilman Robbs commented the project should not be made complicated and staff should work with the property owners who have expressed interest in this proj ect. Mr. Escalante commented that the design and process would take approximately one year to complete. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Walden, all voting "aye," to move forward to develop the appropriate agreement with the City's consultant engineer outlining the scope of service so the City can move forward and work with property owners on crossing 1, 10, 11, and 12 and consider adding crossing number 2. D.2 CONSIDER REQUEST OF RUTH ALHILALI TO DISCUSS BUDGET PRIORITIES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. This item was placed on the agenda at the request of Ruth Berg Alhilali. Ms. Alhilali gave a lengthy review of the City's budgeting and pay-as-you-go strategies including graphs and charts to illustrate points. Priscilla Mowinkle, 3336 Dorado Beach Drive, gave a summary of flooding and drainage on the Tanglewood project. She encouraged the Council to develop storm water detention basins to improve erosion and sedimentation down stream in Farmers Branch Creek. Beth Crockett, 2702 Mount View Drive, spoke of the specifics on where the City's tax dollars have been spent. Included was a lengthy presentation in regard to the use of tax funds that the City used to purchase property and a review of bond sales and the facilities that were contracted from the bond sales. Ms. Alhilali urged the City Council to reconsider the budget priorities at the upcoming Budget Workshop on August 22, 2001, at 6 p.m. Volume 86, page 97 Mayor Phelps stated the City would not be taking any action on this item because the City was not in the budget process at this time. Councilman Walden asked the Mr. Escalante to comment briefly on some of the items that were brought up in the presentation. Mayor Phelps stated a lot of the bonds that were authorized were never sold and many of the projects approved in the bond election have been completed out of general fund. Mr. Escalante reviewed the tax structure as is governed by state law. He stated under the City's pay-as-you-go plan, capital improvements are funded by the general fund. The Capital Improvement Program has been significant with the funds being supplied by the current operating fund not by debt. He stated in the City of Farmers Branch 82% of the tax base is paid by commercial properties not residential properties. He stated in regard to the bond issue a number of the projects have been completed. Mr. Escalante stated during the Community Meetings in 1996 the Council presented a document reviewing the projects that were funded by bonds including projects that were completed and those projects left to be completed. He reviewed the City's fund balance program and its relationship to the City's pay- as-you-go policy. He also stated it is better to discuss these items during the upcoming budget process. Councilman Walden stated in regards to what the City has paid for property, the appraised value is only a base line and by having to condemn the property the City would have to pay significant expenses; therefore, the City chose to negotiate a price for the properties. Mayor Phelps explained to be able to work with developers the City needs to combine all of these properties into a block to be redeveloped. Council took no action on this item. D.3 CONSIDER ADOPTING RESOLUTION NO. 2001-070 ADOPTING THE PARKS AND RECREATION DEPARTMENT MASTER PLAN AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In 1995 the Parks and Recreation Board and staff began writing the first Master Plan in the history of the Department. The Master Plan was adopted by the Parks and Recreation Board on January 17, 1998 and many of the planning components have been completed. Volume 86, page 98 A Master Plan, adopted by City Council and the Parks and Recreation Board, helps to insure a common vision for the future of the Parks and Recreation Department. As the Master Plan is now in excess of three years old, the Parks and Recreation Board and staff have been working to revise the Master Plan to keep it current with needs and issues. Additionally, an adopted Master Plan is required as part of the Texas Parks and Wildlife grant application process. The grant provides matching funds for selected projects for indoor recreation facilities. Staff is in the process of completing a grant application for a portion of the recreation center. The Parks and Recreation Board approved the revised Master Plan on February 15, 2001. The City Council, in conjunction with the Parks and Recreation Board, reviewed the Master Plan during a special combined meeting of the City Council and the Parks and Recreation Board on June 6, 2001. The Director of the Parks and Recreation Department recommends adopting Resolution No. 2001-070 adopting the Department's Master Plan. Mayor Phelps stated there has been a request to withdraw this item from the agenda. He stated without passing this item the City could apply for the grant but there would be a slim chance of the City receiving it. Betty Supinski, 13232 Kerr Trail, stated she emailed the Council and asked for this item to be tabled and feels it has not been adequately presented to the citizens of Farmers Branch. Gaile Gatcomb, 2638 Farmers Branch Lane, stated she feels that this item needs to be tabled until the residents have a chance to review the Parks Master Plan. Jeff Harting, Assistant Parks and Recreation Director, made a brief presentation of the Parks and Recreation Master Plan, including the development of new facilities and projects. Mr. Harting stated this item is important to the next item DA because the grant that the City is applying for is based on a point system, and the City probably needs to receive 75 to 80 points. Without adopting a Master Plan the City would lose up to 20 points. Mayor Phelps asked the City Attorney if Council adopts this resolution tonight could they have a second motion and ask the Park Board to review any questions the residents might have and amend at a later date. John Boyle, City Attorney, replied there would be no problem with amending the Master Plan at a later date. Ms. Supinski asked the Mayor and City Council if they have studied the original and new versions of Volumes I, II, and III of the Park Master Plan. She asked Volume 86, page 99 the Council to please not pass this item until they and the residents have studied it thoroughly. Councilman Walden reassured Ms. Supinski that he read the Master Plan. Mayor Phelps also stated he has read the Master Plan twice. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2001-070. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Walden, all voting "aye," to ask the Parks Board to answer any questions the citizens have and to bring any amendments to the Master Plan back to the Council for further action or amendments to the Master Plan. DA CONSIDER ADOPTING RESOLUTION NO. 2001-071 AUTHORIZING A GRANT APPLICATION FOR FUNDING FROM THE STATE OF TEXAS, TEXAS PARKS AND WILDLIFE DEPARTMENT, FOR THE NEW FARMERS BRANCH RECREATION CENTER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Texas Parks and Wildlife Department (TPWD) assists local units of government with the acquisition and development of public recreation areas and facilities through a grant program. Grant applicants may request up to $750,000 in matching funds. The Parks and Recreation Department would like to submit an application to TPWD for matching grant funding in the amount of $750,000. The deadline for application submission is July 31, 2001. A segment of the application process requires that the applicant submit a resolution that: ■ Designates the individual responsible for interacting with TPWD. ■ Certifies that the applicant is eligible to receive program assistance and that the applicant's matching share is readily available. ■ Dedicates the proposed site for permanent public park and recreational uses. ■ Addresses the top priorities in the Master Plan for grant funding. The proposed Resolution No. 2001-071 meets the requirements necessary to proceed with the grant application. The Director of the Parks and Recreation Department recommends adopting Resolution No. 2001-071 authorizing a grant application for funding in the amount of $750,000 from the Texas Parks and Wildlife Department for the new Farmers Branch Recreation Center. Volume M, page 100 Beth Crockett, 2702 Mount View Drive, stated she would prefer that the Council have a Master Plan for the Recreation Center only. She stated she is opposed to the way the Parks Master Plan was handled because the City had no public hearings or public input into the Parks Master Plan that takes the City into 2010. Ms. Crockett stated although the City is applying for a $750,000 grant there are no guarantees the City will receive it. Gaile Gatcomb, 2638 Farmers Branch Lane, asked if the agendas that are available for citizens could have a more detailed explanation instead of just the one line. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 2001-071 authorizing a grant application for funding in the amount of $750,000 from the Texas Parks and Wildlife Department for the new Farmers Branch Recreation Center. D.5 CONSENT. D.6 CONSIDER ADOPTING RESOLUTION NO. 2001-067 AWARDING THE BIDS FOR TWO REPLACEMENT SIDELOADER TRUCKS AND ONE REPLACEMENT ROLL-OFF CONTAINER TRUCK AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2000-2001 Public Works Department's Fixed Asset budget includes $270,000.00 for two-replacement sideloader refuse trucks and $120,000.00 for one replacement roll-off container truck for the Sanitation Division. Bid requests for two-replacement sideloader refuse trucks and one replacement roll-off container truck were sent to fourteen vendors on May 15, 2001. Bids were opened on June 12, 2001. Five vendors submitted a total of nine bids. The low bid meeting specifications for two sideloader refuse trucks was submitted by Lonestar Truck Center of Houston for a total bid cost of $243,798.00. The low bid meeting specifications for one roll-off container truck was submitted by Metro Ford Truck of Dallas for a total bid cost of $97,995.00. Staff recommends awarding the bid for two (2) sideloader refuse trucks to Lonestar Truck Center of Houston for a total bid cost of $243,798.00, and awarding the bid for one (1) roll-off container truck to Metro Ford Truck of Dallas for a total bid cost of $97,995.00, for a combined total of $341,793.00. L_J Volume N, page 101 There being no discussion, a motion by Councilman Walden, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 2001-067 awarding the bid for two (2) sideloader refuse trucks to Lonestar Truck Center of Houston for a total bid cost of $243,798.00, and awarding the bid for one (1) roll-off container truck to Metro Ford Truck of Dallas for a total bid cost of $97,995.00, for a combined total of $341,793.00. D.7 CONSIDER ADOPTING RESOLUTION NO. 2001-059 AWARDING THE BID FOR URETEK PAVEMENT STABILIZATION AT VARIOUS LOCATIONS TO URETEK USA, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In the spring of 1999, Public Works staff discussed a proposal with City Council to advertise a single source bid to elevate settled or depressed pavement sections as part of the street section repair program. The proposal was to obtain a bid from Uretek USA, Inc., who has a patent for pressure-injected polyurethane to raise concrete sections that have settled. A bid request for the 2000-2001 Uretek Pavement Stabilization contract was advertised and sent to one vendor. The bid was received and opened on July 3, 2001. The total bid from Uretek USA, Inc. is $384,319.00. Funds in the amount of $415,000.00 are available in the 2000-2001 Public Works budget for this contract. Quantities of work were estimated, and payment will be made on a unit price basis. The total payment will not exceed $415,000.00. The Director of Public Works recommends adopting Resolution No. 2001-059. Councilman Walden asked Mark Pavageaux, Director of Public Works if he is happy with Uretek's performance. Mr. Pavageaux stated the City is happy with Uretek's performance. He stated Uretek comes with a 10-year warranty, is a reputable company with a good product. He stated one big advantage is not having to remove the pavement and replace it with concrete. Councilman Walden stated it seems that there is a savings in materials and labor not to have to replace the concrete sections. Mr. Pavageaux replied there is a small savings but the biggest savings is the non- disruption in traffic that the City is experiencing using Uretek. A motion by Councilman Walden, seconded by Councilman Robbs all voting "aye," adopted Resolution No. 2001-059 accepting the total bid from Uretek USA, Inc. for an amount not to exceed $415,000.00. Volume 86, page 102 D.8 CONSIDER ADOPTING RESOLUTION NO. 2001-056 AWARDING A BID FOR THE REHABILITATION OF SANITARY SEWER MANHOLES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City contracted several sewer system evaluation surveys to identify repairs needed to the sewer system to decrease inflow and infiltration. The entire sanitary sewer system of the City has been reviewed in three separate surveys. As a result of the information obtained in these studies, staff has identified manhole rehabilitation as the largest Infiltration/Inflow reduction for the least capital expense. There is $280,000.00 in the 2000-2001 Capital Improvement Program Non-Bond Utility Budget for Infiltration/Inflow Repairs. These Infiltration/Inflow repairs consist of manhole and mainline repairs. Requests for bids were sent to seven contractors; five bids were returned and opened on June 4, 2001. Infra Rehab, Inc. submitted the low bid and met all specifications. Infra Rehab, Inc. bid a unit price of $68.33 per foot to repair 200 manholes, for a total bid of $123,000.00. The contractor has performed work for several surrounding cities including Hurst, Irving and Grapevine. A positive response was given on all references checked. The Director of Public Works recommends adopting Resolution No. 2001-056 awarding a bid for rehabilitation of sanitary sewer manholes to Infra Rehab, Inc. for a cost not to exceed $123,000.00. Gaile Gatcomb, 2638 Farmers Branch Lane, stated she had concerns about the problems at Mr. Gleason's home and the private sanitary sewer line at Ms. Mason's property. Mark Pavageaux, Director of Public Works, reported the problem had been repaired. He stated Mr. Gleason had sent an email to him and Councilman Walden stating he was pleased with the work that was done. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 2001-056 awarding the bid for rehabilitation of sanitary sewer manholes. D.9 CONSIDER APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD, SENIOR ADVISORY BOARD AND THE SCHOOL-COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. There is a vacancy on the Historical Preservation and Restoration Board due to the resignation of Laverne Gilbert. This term will expire on 1/1/03. Volume 86, page 103 There being no further discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," appointed Melvin Long to Place 6, Jeannie Sawyer to Place 1, and Allen Johnson to Alternate 1. The School-Community Relations Committee has six vacant positions from members who have resigned. Mayor Phelps stated this item would be postponed until the August 20, 2001 City Council meeting. D.10 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Richard Escalante, City Manager, stated on June 5, 2001, he attended the Government Finance Officers Association meeting. He stated he attended a session on Conference and Sports Facilities, which is, related to the City Conference Center and the redevelopment of Old Farmers Branch. Mr. Escalante stated at the luncheon he and Charles Cox, Finance Director, received on behalf of the City a 2001 Award for Excellence in Government Finance. He stated this is the Government Finance Officers Association (GFOA) most prestigious award recognizing contributions to the practice of government finance exemplifying outstanding financial management. He stated the City received two awards at the Conference. Mr. Escalante stated following the luncheon he and Mr. Cox participated in a panel discussion along with other award winners. He stated he was pleased to attend the conference and bring back the awards and the recognition the City received. D.11 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Mayor Phelps stated he attended his two regular Board meetings this month: The Dallas Regional Mobility Coalition, and the North Central Texas Council of Governments. D.12 CITIZEN PARTICIPATION. Beth Crockett, 2702 Mount View Drive, stated she has concerns about the City spending money on buying property in the city and taking the property off the tax rolls. Volume 86, page 104 Dennis Redwine, 2624 Dixiana, stated he would liked to have seen more information on the Parks and Recreation Master Plan and expressed concerns about not having natural open green space in the City parks. Carol Dingman, 13223 Glad Acres Drive, asked the Council if Community Services would not nominate Mira Lago of Farmers Branch for an award because she feels it would be a bad reflection on the City. Betty Supinski, 13232 Kerr Trail, stated she was unhappy that the Council passed the Parks and Recreation Master Plan and asked the Council to study the old and new sets of plans thoroughly. She also stated that citizens are taking more interest in City government and suggested that citizens read the classified ads in the newspapers to see what ordinances are going before Council. 11 MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 6:15 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:18 P.M. AND CONCLUDED AT 7:34 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. Executive Session E.1 Discuss Land Acquisition - Texas Government Code Section 551.072. 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 staff was present to discuss this item with the City Council. E.2 Discuss Meeting with City Attorney pursuant to Texas Government Code Section 551.071 (2) and 551.072. 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. C'' F.1 Consider necessary action on items discussed in the Executive Session. Volume 86, page 105 Mayor Phelps stated staff updated the City Council on land acquisition and the meeting with the City Attorney and no action was necessary. F.2 Adjournment. A motion by Councilman Walden, a second by Councilman Moses, all voting "aye", adjourned the City Council meeting of July 16, 2001 at 11:03 p.m. 9-Qt4~ Mayor City Secretary iJ Volume 86, page 106