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2001-08-20 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, August 20, 2001 7:30 p.m. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Tem Councilmembers Bob Phelps Calla Davis Charlie Bird Jim Robbs Paul Walden Bill Moses The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager Assistant to City Manager Assistant to City Manager City Attorney City Secretary Finance Director Communications Director Director of Community Services City Engineer Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works Director of Equipment Services Recording Secretary Richard L. Escalante Linda Groomer John Burke John Roach Margaret Somereve John Boyle Cindee Peters Charles Cox Tom Bryson Michael Spicer Jerry Murawski Jeff Fuller Mary Jane Stevenson Jim Fawcett Kyle King Mark Pavageaux Don Moore Suzanne Reynolds Mayor Pro Tem Davis called the City Council meeting of August 20, 2001, to order at 7:30 p.m. The meeting was televised. Mayor Pro Tem Davis stated Mayor Phelps had to leave unexpectedly and would return shortly. Volume 87, page 1 - i i A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Bird gave the invocation and Councilman Moses led the pledge of allegiance to the flag. A.2 CONSIDER ACCEPTING HISTORICAL PARK DONATIONS FOR THE SECOND QUARTER 2000/2001 AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Davis presented the following information. The Historical Preservation and Restoration Board have approved several donations to be added to the inventory. Ron Doerler, Chair of the Historical Preservation and Restoration Board, presented the following items for Council approval. A framed advertisement of a 1937 Studebaker, Motor's Auto Repair Manual, Craftsman wrench, two tire tools, and an oil pump from Mr. Sam McIntyre of Farmers Branch. A motion by Councilman Walden, seconded by Councilman Moses, all voting "aye," accepted second quarter donations to the Historical Park. 1 A.3 CONSIDER ACCEPTING THE DONATION OF A CHERRY WOOD, INLAID TABLE FROM THE FARMERS BRANCH DANCE CLUB FOR USE AT THE SENIOR CENTER AND TAKE APPROPRIATE ACTION. Mayor Pro Tern Davis presented the following information. The Farmers Branch Dance Club programs a dance for seniors every Monday night at the Senior Center. Attendance for the very popular dances averages about 270. Buford Watson, President of the Farmers Branch Dance Club, was present to donate an imported, cherry wood, inlaid table to be used during admission at Monday night dances at the Senior Center. The table will be available for other uses by the Senior Center as needed. The purchase price for the table was approximately $1,000. Mr. Watson thanked the Mayor and City Council for the Senior Center and for all the other facilities in Farmers Branch. He stated the Council does an excellent job for the residents and hopes they keep up the good work. Katie Roberts, 13240 Kerr, read a letter that she wrote to Buford and Corina Watson and fellow dance club members thanking them for the beautiful table. She also thanked the City Council for their involvement with the seniors and applauds their efforts. C A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," accepted the donation of an imported, cherry wood, inlaid table for the Senior Center, with appropriate plaque. Volume 87, page 2 A.4 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.5 REPORT ON STUDY SESSION ITEMS. Mayor Pro Tern Davis and the City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. Deputy Mayor Pro Tem Davis stated Mayor Phelps was back in attendance. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Kathleen Matsumura, 3938 Clubway Lane, asked that Agenda Item B.9 be removed from the agenda. Betty Supinski, 13232 Kerr Trail, stated she had a question regarding Agenda Item B.1 minutes from July 16, 2001 City Council meeting. After some discussion about the minutes it was determined they were correct as written. A motion by Mayor Pro Tem Davis, seconded by Councilman Moses, all voting "aye," removed Agenda Item B.9 from Consent Agenda. A motion by Mayor Pro Tem Davis, seconded by Councilman Moses, all voting "aye," approved the Consent Agenda as amended. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JULY 16, 2001. B.2 APPROVED MINUTES OF SPECIAL CITY COUNCIL MEETING OF AUGUST 7, 2001. B.3 APPROVED THE REQUEST BY PRECISION LANDSCAPE MANAGEMENT, INC. FOR FINAL PLAT OF PRECISION LANDSCAPE MANAGEMENT, INC. ADDITION. r B.4. APPROVED THE REQUEST OF DAVID MEINHARDT FOR SITE PLAN, INCLUDING LANDSCAPING VARIANCE, FOR AN APPROXIMATE 46,763 SQUARE FOOT OFFICE/WAREHOUSE BUILDING ON A 3.2 ACRE SITE LOCATED AT 13755 HUTTON Volume 87, page 3 DRIVE ON THE SOUTHWEST CORNER OF HUTTON COURT AND HUTTON DRIVE WITHIN THE PLANNED DEVELOPMENT NO. 22 ZONING DISTRICT. B.5 ADOPTED RESOLUTION NO. 2001-077 AMENDING THE 2000-2001 OPERATING BUDGET OF THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION. B.6 ADOPTED RESOLUTION NO. 2001-079 APPROVING THE 2001-2002 OPERATING BUDGET OF THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION. B.7 ADOPTED RESOLUTION NO. 2001-078 DESIGNATING AN INDEPENDENT AUDITOR FOR THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION AND AUTHORIZING THE CITY MANAGER TO ACCEPT A LETTER OF AGREEMENT FOR AUDIT SERVICES AS APPROVED BY THE CORPORATION. B.8 ADOPTED RESOLUTION NO. 2001-083 AMENDING THE CITY'S INVESTMENT POLICY. B.9 CONSIDER ADOPTING RESOLUTION NO. 2001-083 AUTHORIZING THE CITY MANAGER TO ENTER INTO A PERSONAL SERVICES AGREEMENT WITH FRANK BROWN OF BROWN ROOFING FOR INSTALLATION OF A NEW ROOF ON THE QUEEN ANNE VICTORIAN COTTAGE IN THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The roof that is currently on the Queen Anne Victorian Cottage is in need of repair. The wood shingle roof was originally installed in 1992 and is developing areas where the shingles are curling, potentially exposing the interior of the structure to damage. Both Building Maintenance staff and the Historical Park's restoration consultant agree that it is advisable to replace the entire roof. If the entire roof is not replaced it will be necessary to make spot repairs as necessary, ultimately replacing the entire roof. It will be more cost efficient to replace the entire roof at one time. Brown Roofing specializes in wood shingle roofing and roofing historic structures and has done excellent work for the Historical Park. Brown Roofing is the roofer recommended by the restoration consultant Leeds Clark. Proper roofing repairs are necessary to adequately protect the historic structure and its valuable contents. City Code also requires that the shingles be treated with a fire retardant, which Brown Roofing has specified in their proposal. The project will cost $20,380. Funds are available in the Historical Park building maintenance account to complete this work. Volume 87, page 4 The Director of the Parks and Recreation Department recommends adopting Resolution No. 2001-083 authorizing the City Manager to execute a personal services agreement with Frank Brown of Brown Roofing for installation of a new roof on the Queen Anne Victorian Cottage in the Historical Park in an amount not to exceed $20,380. Kathleen Matsumura, 3938 Clubway Lane, stated she is very supportive of the Historical Park. She stated her concern is why the roof of Queen Anne Victorian Cottage is in need of repair. Jeff Harting, Assistant Parks and Recreation Director, stated the roof is approximately nine years old and the shingles are curling. He stated the City's consultants and building staff have advised that the roof needs to be replaced. Ms. Matsumura asked what kind of roof would it be. Mr. Harting replied wood shingle roof. Ms. Matsumura asked if that was not against the Farmers Branch ordinance. Mr. Harting replied wood shingle roofs have to be class B in the UL listing required by Uniform Building Code. He also stated the singles will be treated with fire retardant. Ms. Matsumura asked about the funding. Mr. Harting replied the funds are from Hotel/Motel Funds. Ms. Matsumura asked what the cost would be. Mr. Harting replied $20,380. Ms. Matsumura asked if this item went out for bids. Mr. Harting replied no, Mr. Brown specializes in this type of work on historical structures. Ms. Matsumura asked if there are no other companies that do this type of work. Mr. Harting stated Mr. Brown is the best-qualified person to do this type work. He stated the City has had problems with this structure before and other companies that have worked on the structure have not been able to solve the problems. Ms. Matsumura asked who initially installed the roof on the structure. Mr. Harting replied Crawford Construction Company. Ms. Matsumura asked if Crawford Construction Company is doing business with the City now. Mr. Harting replied not to his knowledge. Councilman Walden asked Mr. Harting if the City would be getting a warranty on the roof. Mr. Harting replied he assumes the City would get a warranty but does not have the information with him but he would check into it. Gaile Gatcomb, 2638 Farmers Branch Lane, asked what the square footage was on the structure at the Historical Park was. Mr. Harting replied approximately 900 square feet. Ms. Gatcomb stated she would like to recommended Aurelio Torres who would do an excellent job and charge the City less for putting the roof on the Queen Anne Victorian Cottage. Volume 87, page 5 Mayor Pro Tern Davis stated if Mr. Torres would like to work for the City he needs to fill out a form and be put on the bid list. She stated there are certain specifications that the City is responsible for that have to be done. Councilman Walden stated on this size contract the City is not going to expend any additional expenses or staff time. He stated the City is familiar with Mr. Brown's work on other historic structures. Richard Escalante, City Manager, stated this is a historic structure, which presents unique challenges to reconstruct the roof in a historic and accurate manner. This is the reason the City is awarding the contract to Brown Roofing Mr. Harting stated the emphasis is to maintain the historic integrity of this structure and to insure that the work is done in a proper manner. There being no further discussion, a motion by Councilman Robbs, seconded by Mayor Pro Tern Davis, all voting "aye," adopted Resolution No. 2001-083 authorizing the City Manager to execute a personal services agreement with Frank Brown of Brown Roofing for installation of a new roof on the Queen Anne Victorian Cottage in the Historical Park in an amount not to exceed $20,380. C.I PUBLIC HEARING: CONSIDER THE REQUEST OF BRYAN DAVENPORT TO AMEND THE PLANNED DEVELOPMENT NO. 27 LIGHT INDUSTRIAL ZONING DISTRICT, LOCATED AT THE NORTHWEST CORNER OF SPRING VALLEY ROAD AND INWOOD ROAD, TO ALLOW HIGH DENSITY MULTI-FAMILY RESIDENTIAL AND RETAIL USES AND TAKE APPROPRIATE ACTION. Mayor Phelps stated that the applicant has asked that this item be withdrawn from the Agenda. A motion by Councilman Walden, seconded by Councilman Robbs, all voting "aye," approved the request to withdraw the zoning application from the Agenda without prejudice. C.2 THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT: PUBLIC HEARING TO CONSIDER ADOPTING ORDINANCE NO. 2619 AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, APPENDIX B, THOROUGHFARE PLAN, AND AMENDING THE CITY- WIDE MASTER THOROUGHFARE PLAN ORDINANCE NO. 2532 BY CHANGING LAKE DRIVE FROM FOUR-LANE UNDIVIDED TO FOUR- LANE DIVIDED; CHANGING CROWN DRIVE AND A PORTION OF MATHIS DRIVE FROM FOUR-LANE DIVIDED TO FOUR-LANE UNDIVIDED; AND DELETING MANHATTAN DRIVE. Volume 87, page 6 Mayor Phelps stated in a letter dated August 13, 2001, the applicant asked that the proposed change be withdrawn. At the August 13, 2001 Planning and Zoning Commission meeting, the Commission accepted Basic Capital Management's request to withdraw. A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," accepted the request to withdraw this item from the agenda. D.1 CONSIDER REQUEST OF DENNIS REDWINE TO DISCUSS HOMEOWNER CONCERNS REGARDING PD-79 AND THE BRANCH CROSSING PROJECT. Dennis Redwine, 2624 Dixiana, gave a lengthy presentation on Branch Crossing. He reviewed the stated goals according to PD-79. Mr. Redwine stated he felt that these goals were not being met. Gaile Gatcomb, 2638 Farmers Branch Lane, stated she has concerns about the way the City Council approached the development of Branch Crossing. Mayor Phelps stated there would be no out breaks during the Council meeting. Beth Crockett, 2702 Mount View Drive, stated her concerns about Branch Crossing including too many lights and the purchasing and bulldozing of homes. She stated she felt the City could have been more innovative in trying to help the residents. She also stated she was concerned about the builders not being certified builders. Betty Supinski, 13232 Kerr Trail, stated at a Council meeting of June 2, 1997, Council approved a Community Development Block Grant. She asked what the criteria for the use of these funds would be, specifically if it were used to improve the street and sidewalk in the area. She commented that she understood that the new sewer line had been put in front of the homes and that existing homeowners had to pay to get on the new line. She stated she would like clarification on the grant program. Richard Escalante, City Manager, stated the sewer lines are in the back of the homes. He detailed the program to improve the sewer system in Branch Crossing and stated that the residents requested sewer improvements at early neighborhood meetings, and stated that the existing homeowners are connected to the sewer system. Jerry Murawski, City Engineer, stated the City Manager was correct and he reviewed the improvements that were made to the sewer lines and the installation of new water lines in the area beginning in 1989. Volume 87, page 7 Carla Williams, 2621 Dixiana, stated she would like to know in the event her property was totally destroyed under what conditions of PD-79 could she rebuild. Mr. Escalante explained prior to the adoption of PD-79 many of the homes in the area were legal non-conforming uses. Should one of those homes be destroyed, the owner would have to go to the Zoning Board of Adjustments for permission to rebuild their home or they would have to build a larger home. With the adoption of PD-79, all homes were made legal-conforming uses. Now should a house be destroyed, the owner would not have to go before the board to obtain a variance to rebuild their home. Ms. Williams stated her disappointment with Branch Crossing is that it is not keeping up with the character of the neighborhood in regard to the type of new homes being built today. She also asked if Tom Field was going to be resurfaced and would like some clarification. Mayor Phelps explained that if the resurfacing had been done prior to the medians being built, the new surface would have had to be dug out for the new landscaping and medians. He stated that resurfacing only replaces the top one or two inches of asphalt. Ms. Williams commented she feels there has been enough development in Branch Crossing and any new high-end development should be done on the west side of town. Mayor Pro Tem Davis admonished recent presentations by a group of citizens in regard to the criticism of City boards and staff, and the pay-as-you-go program. Mayor Pro Tem Davis stated that Branch Crossing is an excellent project and it is unfortunate that some of the residents do not care for the improvements. Mr. Redwine stated the City Council and some of the residents of Branch Crossing have a difference of opinion for what is best in their neighborhood. Ms. Supinski detailed some election issues. Councilman Walden responded to Mr. Redwine's presentation explaining that he feels that Farmers Branch needs to provide a good mix of residential property. He supports Branch Crossing and does not believe that anyone is being forced out of the neighborhood. D.2 CONSIDER ADOPTING ORDINANCE NO. 2615 APPROVING GAS RATES FOR TXU GAS COMPANY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City has original jurisdiction over TXU Gas Distribution's rates and services within the city limits. Volume 87, page 8 This does not include jurisdiction over the cost of natural gas which is a cost passed through directly to the customer. It was this cost that caused bills to be so high this past winter. On February 16, 2001, TXU Gas Distribution filed a request to increase rates effective March 23, 2001. The City Council passed Ordinance No.2590 on March 19, 2001 suspending the effective date for 90 days or until June 20, 2001. Because the review of the rate proposal was not completed, TXU extended the effective date until August 24, 2001. Farmers Branch participated with 22 other affected cities of the Northwest Metro/Mid Cities Distribution System in a review of the reasonableness of the TXU request. The cities hired consultants to review the rates for reasonableness. TXU filed a request for an increase of $10.16 million from the 22 cities customers. Through the work of the coalition of cities and the consultants, TXU agreed to an increase of only $5.15 million dollars. Should TXU not agree with the rate set by the City the rates can be appealed to the Railroad Commission. The proposed residential base monthly charge for Farmers Branch will increase from $5.00 to $7.00 and the overall bill including gas consumption and gas cost adjustment will increase 5.6%. Commercial customers will also see an increase in their monthly charge from $10 to $12 per month and an additional 1.57% increase in their bills. Staff recommends adopting Ordinance No. 2615 approving gas rates for TXU Gas Company. Beth Crockett, 2702 Mount View Drive, asked if the Public Utility Commission had the final say about rate increases. John Boyle, City Attorney, stated gas rates goes to the Railroad Commission and electric rates goes to the Public Utility Commission. Ms. Crockett asked if they have petitioned the Railroad Commission for any kind of increase anywhere else in Texas. Mr. Boyle replied the City has the original jurisdiction; the City will pass an ordinance and if the gas company is dissatisfied they can appeal to the Railroad Commission. Ms. Crocket asked if the City had a franchise agree with TXU. Mr. Boyle replied yes. There being no further discussion, a motion by Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye," adopted the following captioned Ordinance No. 2615 approving TXU Gas rates. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, FINDING AFTER REASONABLE NOTICE AND HEARING, THAT TXU GAS DISTRIBUTION'S RATES AND CHARGES WITHIN THE Volume 87, page 9 CITY SHOULD BE CHANGED; DETERMINING JUST AND REASONABLE RATES; ADOPTING GENERAL SERVICE RATES INCLUDING RATE ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE CHARGES TO BE CHARGED FOR SALES AND TRANSPORTATION OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. D.3 CONSIDER ADOPTING RESOLUTION NO. 2001-081 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION MANAGER AGREEMENT WITH GALLAGHER CONSTRUCTION MANAGEMENT SERVICES FOR THE NEW FARMERS BRANCH RECREATION CENTER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. There is $8,000,000 budgeted in the Non-Bond Capital Improvement Program for the new Farmers Branch Recreation Center. To date a master plan has been completed and adopted, the architect is working on schematic diagrams, and a grant has been submitted to the Texas Parks and Wildlife Department for $750,000 in matching funds. During the February 19, 2001 Study Session, staff discussed the Recreation Center project with Council and advised Council of the desire to hire Gallagher Construction Management Services as the Construction Manager for the project. Gallagher Construction Manager was the construction manager for the Senior Center and for the completion of the Justice Center, and performed well on both. Likewise, Gallagher has a positive history of working with the City and with other cities and school districts, as well. Gallagher's strengths are project coordination and bringing projects in on schedule. Gallagher's proposed contract amount of $553,000 is 8.4% of the estimated $6,556,000 construction budget. The Director of the Parks and Recreation Department recommends adopting Resolution No. 2001-081 authorizing the City Manager to execute a construction manager agreement with Gallagher Construction Management Services for the new Farmers Branch Recreation Center in an amount not to exceed $553,000 plus reimbursable expenses. Mayor Phelps stated Gallagher Construction did the City's Senior Center under budget and ahead of schedule without any problems. Gallagher also took over completing the Justice Center after many problems. Mayor Phelps stated hiring Volume 87, page 10 Gallagher Construction Management Services as the Construction Manager would save the City money. Beth Crockett, 2702 Mount View Drive, asked if other municipalities used this same procedure and how much under budget was the construction of the Senior Center. Richard Escalante, City Manager, stated the City revised the program several times based on the architect's drawings. He stated once the construction manager began doing the work the project went smoothly. Jeff Fuller, Director of Parks and Recreation, stated when the revisions were started the estimate was $4.2 million, and after completion it was approximately $4.1 million; he would have to check the budget. Mr. Escalante asked Mr. Fuller if the construction manager started as early on the Senior Center project. Mr. Fuller replied the City did not get the construction manager until midway through the process. Mr. Escalante stated the construction manager is involved by working with the architect on reviews and engineering. Ms. Crockett asked if Gallagher's contract was going to be more. Mr. Fuller replied the contract with Gallagher would be more than what the Senior Center contract was because the Recreation Center project is double what the Senior Center was. Mr. Fuller also stated in response to the question about other municipalities using construction managers, the cities of Grapevine and Arlington have both used Gallagher and have recommended him. Councilman Walden stated to Ms. Crockett that on a percentage basis this project is 8.4 percent where as the senior center project was 11.6% There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 2001-081 authorizing the City Manager to execute a construction manager agreement with Gallagher Construction Management Services for the new Farmers Branch Recreation Center in an amount not to exceed $553,000 plus reimbursable expenses. D.4 CONSIDER ADOPTING RESOLUTION NO. 2001-061 AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS FOR VARIOUS SERVICES ASSOCIATED WITH ENVIRONMENTAL INVESTIGATIONS AT SENLAC SERVICE CENTER, LOCATED AT 13333 SENLAC AND TAKE APPROPRIATE ACTION. Volume 87, page 11 Mayor Phelps presented the following information. Over the past several months, the City has been dealing with environmental concerns at the City's Senlac Service Center. Additional environmental investigations are needed to further address environmental concerns, ensure compliance with any applicable regulatory requirements, and determine employee safety requirements for operational and maintenance activities such as underground utility installation or repair. The proposed environmental investigations will provide information that may identify possible limitations, modifications, or increased costs associated with future construction or expansion plans at the Senlac Service Center. The environmental investigations proposed at Senlac Service Center include a geophysical survey, a soil vapor survey, subsurface investigation, and a risk evaluation report. Staff proposes to enter into an agreement with Earth Measurement Corporation to conduct the geophysical survey; and EA Engineering, Inc. is proposed to conduct the soil vapor survey, subsurface investigation, and risk evaluation. Coast-to-Coast Analytical Specialists, Inc. is proposed to perform the soil vapor analyses, and Anachem, Inc. is proposed to perform the soil analyses. In addition, an unknown quantity of solid waste will be generated from the soil borings at the site, and the solid waste will require proper disposal by a licensed waste disposal company. Staff will obtain quotes from waste disposal companies after the quantity and classification of the soil is known. Staff reviewed proposals from nine environmental and laboratory contractors. Staff recommends accepting four of the proposals and contracting with each of the companies to complete the project at an estimated total cost between $85,646 and $105,446. The proposals from the four contractors and the anticipated solid waste disposal are estimated to cost $85,646. Due to the likely prospect of encountering unknown environmental factors that could result in additional costs, proposed Resolution No. 2001-061 is written to authorize the City Manager to approve change orders with the contractors, if necessary, up to a maximum total contracts cost not to exceed $105,446. Funds are available in the non-bond Capital Improvements Program fund for the Senlac Service Center. Gaile Gatcomb, 2638 Farmers Branch Lane, asked if the investigations would be done under the guidance of the Environmental Protection Agency, and which agency sets the standards. Richard Escalante, City Manager, stated this is work that the City has initiated and would report any findings to appropriate authorities. Al Black, Environmental Health Manager, stated the City has been in contact with the TNRCC regarding the investigation of the property. Ms. Gatcomb asked if it would be the EPA or the TNRCC. Mr. Black replied the TNRCC. Ms. Gatcomb asked if there would be any reason to involve the Corps Volume 87, page 12 of Engineers, EPA, or FEMA. Mr. Black replied not at this time but if the City finds anything that requires notification to these agencies, the City will do so. Ms. Gatcomb asked if the City was following guidelines of the TNRCC. Mr. Black replied yes in regards to the possible location of municipal solid waste on the property. The other steps of the investigation are voluntary. At this time the focus is on the workers at the site and for future construction on this site. Beth Crockett, 2702 Mount View Drive, asked how much money was budgeted for this project. Mayor Phelps replied up to $105,446 and a minimum of $85,646. Ms. Crockett asked how much has the City spent in regards to environmental studies at Senlac. Mr. Black replied he did not have the figures available but estimated approximately $50,000. Ms. Crockett asked if the City was going to build a new Service Center on this site. Mayor Phelps replied the City would either remodel or add onto the building. Richard Escalante, City Manager, stated in the long term the City would need additional buildings, either on this site or at another site. Ms. Crockett asked if the project included improvements to the Animal Shelter. Mr. Escalante responded that had not yet been discussed. There being no further discussion, a motion by Councilman Walden, seconded by Councilman Robbs, all voting, "aye," adopted Resolution No. 2001-061 authorizing the City Manager to approve change orders with the contractors, if necessary, up to a maximum total contract cost not to exceed $105,446. Funds are available in the non-bond Capital Improvements Program fund for the Senlac Service Center. D.5 CONSIDER ADOPTING ORDINANCE NO. 2626 AMENDING THE CODE OF ORDINANCES, CHAPTER 42, FLOODS, ARTICLE II, FLOOD DAMAGE PREVENTION, DIVISION 1, GENERALLY, SECTION 42-37, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARDS; RELATIVE TO ADOPTING THE AMENDED FLOOD INSURANCE RATE MAP; PROVIDING A SEVERABILITY CLAUSE AND REPEALING CONFLICTING ORDINANCES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch participates in the National Flood Insurance Program in order for residents to be eligible to purchase flood insurance underwritten by the federal government. The Federal Emergency Management Agency, known as FEMA, is administrator of the flood insurance program and publishes the Flood Insurance Rate Map. The map is used by insurance companies and mortgage companies to determine the Volume 87, page 13 rate that residents pay for flood insurance and by the City to regulate activities within the 100-year flood plain. FEMA recently published an updated map. The map was last published in 1990. The updated map reflects map amendments and map revisions submitted by property owners and approved by FEMA since 1990. A map amendment is a correction to the Flood Insurance Rate Map. When the rate map does not accurately depict the location of the 100-year floodplain, a property owner can submit to FEMA detailed survey information prepared by a licensed surveyor to FEMA requesting that the map be amended to accurately depict the location of the 100-year floodplain. If approved, the amendment is incorporated into the Flood Insurance Rate Map. Since 1990, there were nine amendments approved by FEMA and included in the updated map. One amendment was on commercial property; eight were on single-family residential properties. A map revision is the alteration of the location or elevation of the 100-year floodplain. The process that a property owner must follow to alter the location or elevation of the 100-year floodplain by construction includes submission of design plans and hydraulic analysis prepared by a licensed professional engineer that demonstrate that the alteration will not adversely affect adjacent properties by increasing the velocity or elevation of the 100-year flood. The design and hydraulic analyses are reviewed by FEMA, the City, and the U.S. Army Corps of Engineers, when applicable. There were nine map revisions approved by FEMA and included in the updated map. Two revisions were on single-family residential properties, two on multi-family residential properties, and four on commercial properties. A map revision can also result from updated hydrologic and hydraulic studies of all or portions of a creek that show that the location and elevation of the 100-year floodplain has changed. Licensed professional engineers must perform the studies. Since 1990 there were not any updated studies performed on any of the City's creeks. The City has budgeted funds to update the Rawhide Creek study this year and the Farmers Branch Creek study in 2002. The Rawhide Creek study will begin later this year after the City's new topographic maps are received. Each study will take approximately one year to complete. Review and approval by FEMA is expected to take an additional six to twelve months. The updated Flood Insurance Rate Map is a small-scale map and may be difficult to read on the City's website. FEMA has indicated that the map in electronic format should be available later this year. Until then, a copy of the map can be viewed or purchased at City Hall in the Engineering Department. The City Engineer recommends approval of Ordinance No. 2626 amending the Code of Ordinances, Chapter 42, Floods, Article II, Flood Damage Prevention, Volume 87, page 14 Division 1, Generally, Section 42-37, Basis for Establishing the Areas of Special Flood Hazards; relative to adopting the amended Flood Insurance Rate Map; providing a severability clause and repealing conflicting ordinances. Gaile Gatcomb, 2638 Farmers Branch Lane, asked if the improvements to the Ken Rymer Park, Epps Field, Courtyard, Parkside Apartments, and Oakbrook improvements would require FEMA approval. Jerry Murawski, City Engineer, replied on the Oakbrook development, since the dredging takes place below the surface of the water this does not involve reporting it to FEMA. He stated there is a letter of map revision for Epps Field. Courtyard is not near the flood plain, and Parkside Apartments has already been incorporated into the FEMA maps. He stated it was incorporated in approximately 1993 and 1997. Ms. Gatcomb asked how many maps were revised. Mr. Murawski replied nine maps were revised and nine maps have amendments. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2626 amending the Code of Ordinances, Chapter 42, Floods, Article II, Flood Damage Prevention, Division 1, Generally, Section 42-37, Basis for Establishing the Areas of Special Flood Hazards; relative to adopting the amended Flood Insurance Rate Map; providing a severability clause and repealing conflicting ordinances. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES, CHAPTER 42, FLOODS, ARTICLE II, FLOOD DAMAGE PREVENTION, DIVISION 1, GENERALLY, SECTION 42-37, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARDS; RELATIVE TO ADOPTING THE AMENDED FLOOD 12*4URANCE RATE MAP; PROVIDING A SEVERABILITY CLAUSE AND REPEALING CONFLICTING ORDINANCES. D.6 CONSIDER ADOPTING RESOLUTION NO. 2001-086 APPROVING A CONGESTION MITIGATION AIR QUALITY FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE IH35E CORRIDOR MONITORING PROJECT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The IH35E Corridor Monitoring Project will expand the capability of the Traffic Engineering Division to monitor traffic conditions and respond to traffic problems via improved traffic signal timing and motorist information. The project is included in the DART Local Assistance Program Budget. A portion of the funding for the project is Volume 87, page 15 being provided by the Texas Department of Transportation. Approval of the proposed congestion mitigation air quality funding agreement will allow the Texas Department of Transportation to reimburse the City for their share of the proj ect. The project will include upgrading existing traffic monitoring camera sites, new traffic monitoring cameras, additional motorist information displays, wireless traffic signal data communications, wireless school zone beacon communications and control, linking the City Traffic Operations Center, and a thoroughfare travel time monitoring system. The total cost of the project is estimated to be $554,600 with the Texas Department of Transportation reimbursement to be $383,595. The City's share of the project is approximately $171,005. The project is included in the DART Local Assistance Program Budget in the amount of $555,000. Traffic Engineer recommends the adoption of Resolution No. 2001-086 approving a Congestion Mitigation Air Quality funding agreement with the Texas Department of Transportation for the IH35E Corridor Monitoring Project. Gaile Gatcomb, 2638 Farmers Branch Lane, stated she is glad the State is reimbursing the City for some of the expense. Beth Crockett, 2702 Mount View Drive, asked if this project included more cameras for traffic monitoring and air quality monitoring devices. Dave Davis, Traffic Engineer, replied it does include more additional monitoring cameras but not air quality monitoring equipment. Ms. Crockett stated the agenda item included air quality. Mr. Davis replied it was the name of the State program. Ms. Crockett asked if the City contributed to the monitoring of air quality. Mr. Davis replied the City Traffic Department does not do any air quality testing and does not intend to in this program. Ms. Crockett asked if it was necessary to have more cameras at intersections. Mayor Phelps responded this is an area wide program and will be used to monitor traffic better to detect problems and to reroute traffic around accidents to make traffic smoother. Mr. Davis stated the City is trying to make traffic controls more responsive to traffic conditions. Ms. Crockett brought up a problem at the intersection of Tom Field and Valley View Lane regarding the length of the light at various times of the day. Mr. Davis replied the City would look at the problem and get back with her. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 2001-086 086 Volume 87, page 16 approving a Congestion Mitigation Air Quality funding agreement with the Texas Department of Transportation for the IH35E Corridor Monitoring Project. D.7 CONSIDER ADOPTING RESOLUTION NO. 2001-063 AWARDING THE BID FOR DRAINAGE IMPROVEMENTS ASSOCIATED WITH THE MAYBROOK DRIVE SCREEN WALL TO NORTHSTAR CONSTRUCTION AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2000-2001 Non-bond Capital Improvement Program Amended Budget provides $195,000 for replacing the screen wall along Maybrook Drive and repair and painting of the screen wall along Farmers Branch Lane, which has been completed. The improvements include removing the existing screen wall, repairing the concrete channel, installing inlets and storm sewer pipe, and constructing a new screen wall. The project was previously bid along with the screen wall replacement between Josey Lane and Baymeadow Circle in March 2001. The low bid exceeded the available funds by $84,300, and the bids were rejected. The project has been rebid to be constructed under two separate contracts. One contract, which is this agenda item, is the drainage improvements. Another contract, which is another item on this council agenda, is the installation of the new screen walls along Maybrook Drive and between Josey Lane and Baymeadow Circle. After expenditures for design, geotechnical investigation, material testing, and repair and painting of the screen wall along Farmers Branch Lane, there is $164,050 available for construction. Four bids were received and opened on July 3, 2001. All bids met specifications. The low bid was submitted by Northstar Construction, Inc. in an amount of $113,850. Northstar Construction has provided adequate qualifications and references for similar work. The contract time is 90 calendar days. By rebidding the improvements under two separate contacts, the cost of the improvements was reduced $35,235 from the March 2001 bid. The City Engineer recommends adopting Resolution No. 2001-063 awarding the bid for the Maybrook Drive Wall Improvements, Grading and Drainage to Northstar Construction, Inc. in the amount of $113,850. Beth Crockett, 2702 Mount View Drive, asked if D.7 and D.8 Agenda Items were together the last time they were bid. Mr. Escalante replied yes. Ruth Alhilali, 2901 N. Sunbeck Circle, stated this project calls for drainage improvements and asked what the improvements would be. Jerry Murawski, City Engineer, replied the first aspect is reconstructing the channel that is there; the second aspect is doing grading work and installing inlets to allow the water to go into the channel. Volume 87, page 17 Mayor Pro Tem Davis asked if the wall would help the lady that came to the Town Hall meetings. Mr. Murawski replied the screening wall is the next agenda item and he would explain then. There being no further discussion, a motion by Councilman Bird, seconded by Mayor Pro Tem Davis, all voting, "aye," adopted Resolution No. 2001-063 awarding the bid for the Maybrook Drive Wall Improvements, Grading and Drainage to Northstar Construction, Inc. in the amount of $113,850. D.8 CONSIDER ADOPTING RESOLUTION NO. 2001-066 AWARDING THE BID FOR THE SCREEN WALLS BETWEEN JOSEY LANE AND BAY MEADOW CIRCLE AND ALONG MAYBROOK DRIVE TO SUPERIOR CONCRETE PRODUCTS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2000-2001 Non-Bond Capital Improvement Program Amended Budget provides $195,000 to replace the screen wall and repair the concrete channel along Maybrook Drive, and $75,000 to replace the screen wall between Josey Lane and Baymeadow Circle. The two projects were combined and bid under one contract in March 2001. The low bid exceeded the funds available by $84,300. The bids were rejected. The improvements were rebid under two separate contracts. One contract is the installation of new screen walls along Maybrook Drive and between Josey Lane and Baymeadow Circle. The other contract, which is another item on this agenda, is the drainage improvements associated with the Maybrook Drive screen wall. After expenditures for design, geotechnical investigation, materials testing and the drainage improvements associated with the Maybook Drive screen wall, there is a total of $125,200 available for the installation of the screen walls. Six bids were received and opened on July 3, 2001. All bids received met specifications. The low bid was submitted by Superior Concrete Products in an amount of $165,365 and has provided adequate qualifications and references for similar work. The contract time is 150 calendar days. An additional $49,065 is needed to fully fund the improvements. The additional funds are available in the Non-bond Capital Improvement Program Fund Contingencies. By rebidding the improvements under two separate contacts, the cost of the improvements was reduced $35,235 from the March 2001 bid. The City Engineer recommends adopting Resolution No. 2001-066 awarding the bid for the Screen Walls along Josey Lane/Bay Meadow Circle and Maybrook Drive to Superior Concrete Products in an amount of $165,365. Volume 87, page 18 Mayor Pro Tern Davis asked what kind of brick would be used. Mr. Murawski replied the city would be using pre-cast concrete panels that the residents on Bay Meadows have seen. Mayor Pro Tern Davis asked if this would make the lady living on Bay Meadow happy. Mr. Murawski replied yes. Councilman Bird asked what kind of warranty would there be on the screening walls. Mr. Murawski replied he did not have that information with him but would obtain it and give Council a copy. There being no further discussion, a motion by Councilman Walden, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 2001-066 awarding the bid for the screen walls along Josey Lane/Bay Meadow Circle and Maybrook Drive to Superior Concrete Products in an amount of $165,365. D.9 CONSIDER ADOPTING RESOLUTION NO. 2001-062 AWARDING THE BID FOR THE HUTTON DRIVE RECONSTRUCTION TO MCMAHON CONTRACTING, L.P. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2000-2001 Non-bond Capital Improvement Program Amended Budget provides $1,000,000 for the reconstruction of Hutton Drive from Diplomat Drive to the north city limit line. This section of Hutton Drive is being reconstructed because the existing concrete pavement is in very poor condition and it is not cost effective to rehabilitate with concrete repairs and resurfacing. After expenditures for design and materials testing, there is $926,000 available for construction. Eight bids were received and opened on July 5, 2001. All bids received met specifications. McMahon Contracting, LP in an amount of $813,545, submitted the low bid. McMahon Contracting has provided adequate qualifications and references for similar work. The contract time is 240 calendar days. The City Engineer recommends adopting Resolution No. 2001-062 awarding the bid for the reconstruction of Hutton Drive to McMahon Contracting, LP in an amount of $813,545. Beth Crockett, 2702 Mount View Drive, asked if the cost of this project is consistent with the cost per square yard of other similar projects. Mr. Murawski replied this project is very consistent with other similar projects. Ms. Crockett asked Mr. Murawski if he had a cost per square yard. Mr. Murawski replied he did not have that information. Mayor Phelps stated it would be 12,650 square yards. Volume 87, page 19 There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Walden all voting, "aye," adopted Resolution No. 2001-062 awarding the bid for the reconstruction of Hutton Drive to McMahon Contracting, LP in an amount of $813,545. D.10 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. Mayor Phelps stated this item would be postponed until the September 10, 2001, City Council meeting. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," reappointed Helen Bowling, Elva Zombola, Allen Johnson, Melvin Long, Jimmie May to the Senior Advisory Board for another term. The School-Community Relations Committee has six vacant positions from members who have resigned. Mayor Phelps stated this item would be postponed until the September 10, 2001, City Council meeting. D.11 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated he attended the Texas Municipal League, Association of Mayor Councilmembers and Commissioners Institute in Wichita Falls on July 19- 21, 2001. He stated he and Hong Sae, Manager of Information Services, were asked to speak on a panel entitled "Half Disk Will Travel," the paperless agenda, which Farmers Branch is in the process of implementing. He stated other participants were Gary Guy of Southlake, City Secretary of Sugarland, and the moderator was Mayor Lonnie Folis of Mont Belvieu, Texas. Mayor Phelps stated the session was well attended and he complimented Hong Sae for an outstanding presentation. Mr. Escalante stated there have been a number of cities throughout the state that have asked about the new agenda program, wanting to purchase it from the City. Mr. Escalante stated the City is working with a third party to look at what the City's options are and this will be brought back to Council in the near future. Volume 87, page 20 Councilman Bird stated by using the new agenda system the City is saving paper, and the City is also using recycled paper for garbage sacks and saving many trees. Councilman Walden asked with the new agenda system how is staff better utilized. Mr. Escalante replied that a report was prepared and he will be forwarding it on to the City Council. Mayor Phelps commented that on the City's agenda system the entire year is on a single disk. A motion by Mayor Pro Tem Davis, seconded by Councilman Walden, all voting "aye," approved travel for City Manager, Mayor and City Council to travel to Texas Municipal League Annual Conference in Houston on November 28 through 30, and National League of Cities Annual Conference in Atlanta, Georgia on December 4 through 8, 2001. D.12 CITIZEN PARTICIPATION. William Timmons, 13855 Birchlawn, recounted his story of being arrested for carrying a firearm on to an airplane. James Stigers, 12304 Wood Manor Circle, stated he has been a resident of Farmers Branch for six years. He stated he and his family appreciate Farmers Branch and all its amenities. He thinks the Council does an excellent job. Charles Williams, 2508 Richland, commended the Council on Branch Crossing but wished it had been in his neighborhood. He stated the Council made an excellent purchase on the property on Valley View and Denton, and made a lot of money on the sale of the property. In addition, he felt Mr. Brown did get to the City on the reroofing of the Victorian House but stated that happens sometimes. Betty Supinski, 13232 Kerr Trail, asked about the sign in Kerr Trail Park, who approved it, and who is paying for it. Mr. Escalante stated Mr. Fuller would get with her after the meeting. Beth Crockett, 2702 Mount View Drive, read a statement disagreeing with the statements made by various Councilmembers, in regard to citizen participation in the Farmers Branch city government. Kathleen Matsumura, 3938 Clubway, reviewed her involvement in activities in the City of Farmers Branch, including the electoral process. David Redwine, 3941 High Summit, expressed his belief that other amenities besides expensive homes make people want to live in Farmers Branch. Volume 87, page 21 Gaile Gatcomb, 2638 Farmers Branch Lane, stated she felt that residents are not getting what they want and there is lack of communication between the City and the residents. She commented that the City was recently polling the Farmers Branch Lane residents concerning sidewalks. She stated she was present to let the Council know that the Farmers Branch Lane residents do not want sidewalks. D.13 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Mayor Phelps stated in the last month he has attended the Dallas Regional Mobility Coalition, and the North Central Texas Council of Government Board of Directors Meetings. Mayor Phelps stated he also attended the Texas 2001 Transportation Summit meeting in Irving on August 15 through August 17, 2001. He stated the mayors in the area were co-hosting the meeting. Mayor Phelps stated Texas 2001 Transportation Summit is a coalition of local governments from around the state trying to get more tax dollars returned to Texas. 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 6:39 P.M. AND CONCLUDED AT 7:22 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 pending and contemplated litigation - Texas Government Code Section 551.071. Discuss litigation relative to R.C. Small and an agreement with R.C. Small and Associates, Inc. and take appropriate action. Mayor Phelps explained staff was present to discuss this item with the City Council. E.2 Discuss land acquisition - Texas Government Code Section 551.072. 1. Discuss sale of City owned property located at the northwest corner of Valley View and Keenan Bridge Road and take appropriate action. Volume 87, page 22 2. Discuss land acquisition of property located near the northwest corner of Valley View Lane and Hutton Drive (Alfred Circle) and take appropriate action. Mayor Phelps explained staff was present to discuss this item with the City Council. F.1 Consider necessary action on items discussed in the Executive Session. Mayor Phelps stated Staff updated the City Council on pending litigation and land acquisition and no action was necessary. F.2 Adjournment. A motion by Councilman Bird, a second by Mayor Pro Tern Davis, all voting "aye ' urne e City Council meeting of August 20, 2001 at 10:55 p.m. Mayor U ' r City Secretary Volume 87, page 23