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1986-09-25 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING 08/25/86 COUNCIL CHAMBER POLICE BUILDING 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers John D. Dodd John Dunagan David Blair Carol Dingman Bob C. Phelps Herb Weidinger The following members of the City Administration were present: City manager Paul M. West Assistant City Manager Steve Carpenter Assistant City Manager Gene Carlton City Attorney John Boyle City Secretary Randall Mahaffey Director of Community Services Tom Scales Director of Public Works Earl Deland Director of Parks and Recreation John Burke Assistant City Engineer Mark Pavageaux Traffic Engineer Larry Cervenka Secretary Ruth Ann Parish Mayor Dodd called the City Council Meeting of 08/25/86 to order at 7:32 p.m. The meeting was televised. A.1 INVOCATION Councilmember Phelps gave the invocation and led the Pledge of Allegiance. Mayor Dodd stated that in the interest of time Agenda Item's No. A.2 through A.5 would be considered together. A.2 CONSIDER DONATION OF PLASTIC BOXES BY SHIRLEY BECK FOR THE SENIOR ADULT ACTIVITY CENTER. Vol. 49, Page 85 Mr. John Burke, Director of Parks a stated that Shirley Beck would like boxes to the Senior Adult Activity will be used to store small items i needles, pins, and kitchen items. items will be used in arts and Graf adults will be participating. The $100.00. nd Recreation was present and to donate 200 small plastic Center each month. The boxes n the Senior Center, such as In addition to storage, the is projects in which the senior estimated value of the boxes is A.3 CONSIDER ACCEPTANCE OF DONATION FROM MR. & MRS. RICHARD C. MANKE FOR ANTIQUE RAILROAD BAGGAGE CART AND SIGNAL LAMP FOR THE HISTORICAL PARK. Mr. John Burke Director of Parks and Recreation stated that Mr. and Mrs. Richard C. Manke would like to donate an antique railroad baggage cart and signal lamp to the Historical Park. The estimated value of the cart is $500 and $20 for the lamp. A.4 CONSIDER ACCEPTANCE OF DONATION FROM JERRY S. WILCOX FOR CHILD'S CA. 1911 NOTEBOOK. Mr. John Burke stated that Jerry S. Wilcox would like to donate a child's ca. 1911 notebook to the Historical Park. The notebook, made of paper, was used as a scrapbook, and is worth approximately $5.00. A.5 CONSIDER ACCEPTANCE OF DONATION FROM GLENNA GRIMMER FOR A 1930/401S TABLE. Mr. John Burke stated that Glenna Grimmer would like to donate a chrome and black table to the Historical Park. The table was built in the 1930's or 1940's and is worth approximately $50.00. A motion by Councilmember Dunagan, a second by Councilmember Dingman, all voting "aye", accepted the donations from: Shirley Beck for 200 plastic containers to store small objects for use by the Senior Adult Activity Center; and Mr. and Mrs. Richard C. Manke for an antique railroad baggage cart and signal lamp for use by the Historical Park; and Jerry S. Wilcox for Child's Ca. 1911 notebook, for use by the Historical Park; and Glenna Grimmer for a 1930/40's table to be used by the Historical Park. Mayor Dodd stated that the appropriate thank you notes for all of the donations would be sent to the donors. A.6 PRESENTATION OF BOARD APPLICATIONS. Mayor Dodd stated that this item gives applicants an opportunity to present board applications to the City Council. No one was present to present Board Applications. Vol. 49, Page 86 Councilmember Weidinger stated that he is a liaison to the Farmers Branch Hospital Authority Board and presented a copy of a letter that was sent from, "The Governor's Commission of Woman", to a distinguished Farmers Branch Citizen and member of the Farmers Branch Hospital Authority Board, (Ms. Sue Goodwin, 2740 Farmers Branch Lane). Councilmember Weidinger stated that Ms. Goodwin was nominated to the Hall of Fame, for Public Service on the Hospital Board, and although she was not chosen, Ms. Goodwin will be recognized by Governor Mark White, during the Hall of Fame function, Thursday, September 18th, 1986, and that Ms. Goodwin's name will be included in the program. Mayor Dodd and Councilmember Weidinger commended Ms. Sue Goodwin for the many contributions to Farmers Branch. B.1 CONSIDER THE FOLLOWING AS CONSENT'JITEMS AND TAKE THE APPROPRIATE ACTION. Mayor Dodd explained that under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is being established in order to speed up discussion for those items that need more time for discussion. Councilmember Phelps stated that the Minutes of August 18, 1986, Volume 49, page 70, the third paragraph from the bottom should be amended to read: "Dr. Percy Pentecost stated that a 300-foot buffer zone is required and is consistent with the State Statues. Dr. Pentecost explained that if any part of the ordinance is declared unconstitutional or not in compliance with the State Statues that the whole ordinance will not become null and void." Councilmember Dingman referenced the minutes of August 18th, 1986, Agenda Item No. D.2, "Consider entering into a contract between the City of Farmers Branch and Southwestern Bell Telephone Company, and the charging of a $.25 fee per access line for the implementation of enhanced 911 Emergency Telephone Service.", (Located in Volume 49, Pages 79 and 80.) Councilmember Dingman stated that the minutes are correct in that the actual implementation of the 911 service or the $.25 fee has not been approved or enacted at this present time. Councilmember Dingman explained that the 911 Emergency Telephone Service would not go into effect until such time that public hearings could be held and for at least a period of 18 months to two years for the service to be initiated prior to charging a $.25 fee. A motion by Councilmember Dunagan, a second by Councilmember Blair, all voting "aye", approved the following Consent Agenda Items, with the amendment to the minutes of 08-18-86 as stated by Councilmember Phelps. Vol. 49, Page 87 B.1 APPROVED THE MINUTES OF AUGUST 18, 1986 MEETING. B.2 AUTHORIZED THE EXECUTION OF CHANGE ORDER #3 FOR THE FYKE ROAD PROJECT FOR THE MCLAUGHLIN ELEMENTARY SCHOOL LEFT TURN LANE LOCATED IMMEDIATELY NORTH OF THE FYKE ROAD INTERSECTION ON WEBB CHAPEL ROAD AS PART OF THE CAPITAL IMPROVEMENT PROGRAM IN THE AMOUNT OF $8,946.31. B.3 ADOPTED ORDINANCE NO. 1648 AMENDING THE CITY OF FARMERS BRANCH ZONING ORDINANCE BY AMENDING THE ALLOWABLE SITE COVERAGE ON A TRACT OF LAND LOCATED WITHIN PLANNED DEVELOPMENT 25 ZONING DISTRICT AS CAPTIONED BELOW: "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE ALLOWED SITE COVERAGE FOR WAREHOUSE AND LIGHT INDUSTRIAL USES ON A TRACT OF LAND LOCATED WITHIN PLANNED DEVELOPMENT TWENTY-FIVE (PD-25) ZONING DISTRICT; ESTABLISHING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TOW HUNDRED ($200.00) DOLLARS FOR EACH OFFENSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INJUNCTIVE RELIEF AND DECLARING AN EMERGENCY." B.4 ADOPTED ORDINANCE NO. 1649 AMENDING THE CITY OF FARMERS BRANCH ZONING ORDINANCE BY AMENDING ORDINANCE NO. 1532 WHICH ESTABLISHED THE DEVELOPMENT STANDARDS FOR PLANNED DEVELOPMENT 53 ZONING DISTRICT AS CAPTIONED BELOW: "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED: BY AMENDING ORDINANCE NUMBER 1532 WHICH ESTABLISHES THE DEVELOPMENT STANDARDS FOR PLANNED DEVELOPMENT DISTRICT NUMBER 53, BY AMENDING SECTION I, PARAGRAPH F1 TO ESTABLISH PARKING RATIOS FOR OFFICE USES OF 1 SPACE FOR EACH 333 SQUARE FEET OF GROSS FLOOR AREA AND AN ALLOWANCE FOR SMALL CAR PARKING, AND BY AMENDING THE CONCEPT PLAN FOR PD-53; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO Vol. 49, Page 88 HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE." B.5 ADOPTED ORDINANCE NO. 1650 AMENDING THE CITY OF CITY OF FARMERS BRANCH ZONING ORDINANCE BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF A 6.099 ACRE TRACT OF LAND LOCATED AT THE SOUTHEAST QUADRANT OF LBJ FREEWAY AND LUNA ROAD FROM THE CURRENT ZONING DISTRICT CLASSIFICATION OF PD-22 (LI) TO A PLANNED DEVELOPMENT DISTRICT NUMBER 62 AS CAPTIONED BELOW: "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF THE 6.099 ACRE TRACT OF LAND LOCATED AT THE SOUTHEAST QUADRANT OF LBJ FREEWAY AND LUNA ROAD FROM THE CURRENT ZONING DISTRICT CLASSIFICATION OF PD-22 (LI) TO A PLANNED DEVELOPMENT DISTRICT NUMBER 62 (PD-62) ALLOWING MIXED OFFICE USE, HOTEL, AND FINANCIAL INSTITUTIONS; ESTABLISHING DEVELOPMENT STANDARDS FOR PD ZONING DISTRICT NUMBER 62; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE." C.1 CITY MANAGER'S REPORT. City Manager, Paul West gave an informative report on the programs, projects and happenings of the various departments of the City. C.2 CONSIDER PRES BRANCH COMPRE ATION OF THE FINAL DRAFT OF THE FARMERS SIVE PLAN PREPARED BY SEDWAY-000KE ND TAKE APPROPRIATE ACTION. Mayor Dodd stated that in December of 1984, the City Council authorized Sedway-Cooke and Associates to prepare a Comprehensive Plan for the City of Farmers Branch. Sedway-Cooke and Associates have prepared a draft copy of the Comprehensive Plan for presentation to the City Council. Mr. Tom Cooke, Sedway-Cooke and Associates, was present and stated that the consideration of the Final Draft of the Comprehensive Plan is a crucial step in that it will be used in future Public Hearings which will lead to the redrafting of the Comprehensive Plan, then to the finalization of the Comprehensive Plan. The purpose of the plan is to provide the community with a plan to determine the future of the City and to eliminate the element of chance. The Vol. 49, Page 89 Comprehensive Plan is a mechanism establishing a vision and a program to bring the vision into reality. Mr. Cooke explained that the Comprehensive Plan is composed of six elements: 1. Community Goals. 2. Land Use. 3. Transportation Systems. 4. Public Services. 5. City Design. 6. Implementation of Plan. Mr. Cooke explained that the implementation of the Comprehensive Plan will address potential development, improvements, functional applications, future demands, City standards, regulations, administrative procedural changes, creative financing, etc. Mr. Cooke presented a slide show and described each of the above referenced elements of the Comprehensive Plan. Mr. Cooke stated that this is not a rigid document, the Comprehensive Plan needs to be reviewed annually and updated accordingly. Mayor Dodd stated that the City Council has set up a Study Session in order to study the Final Draft of the Comprehensive Plan and to come up with a procedure to schedule the Planning and Zoning Board to review and comment on and to arrange for the appropriate Public Hearings. The Final Draft of the Comprehensive Plan will be located in the Library for Citizens to review and study. Mayor Dodd explained that the Comprehensive Plan will be reviewed once a year and will be analyzed and reviewed in great depth every five years to keep the document current with the changing times. C.3 DISCUSS TAKING POSITION ON THE PROPOSED DART SYSTEM AND TAKE THE APPROPRIATE ACTION. Councilmember Dingman read the proposed position of the Mayor and the City Council, in regards to the proposed DART System, as captioned below: "The Farmers Branch Mayor and City Council will support a rail plan that addresses the following four criteria. They are listed in priority order: I. A the Rail Plan must be a regional plan that reflects the final 1983 service plan as much as possible. II. This regional system must be financially feasible. The phasing of lines and the staging Vol. 49, Page 90 of lines within that phasing, should reflect the most cost effective sequence based on a line's construction cost and ridership. The Board should establish a cap on the peak debt significantly under what the Board feels it can carry. A responsible financial plan should also provide prudent planning for cost overruns. In connection with the rail plan, DART must adopt the most cost effective technology for the system. At this time, that appears to be light rail as opposed to pre-metro. III. An effective suburban bus system must be part of the overall DART plan. Any financial plan to build rail must leave enough money to provide a flexible approach to newly established suburban service. The bus system is an essential part of the transportation planning in our city, and we cannot support DART without it. IV. The Garland, Central Expressway, and Stemmons stations on LBJ should all be included in the same phase of construction. This will enable the H.O.V. lanes or rail lines on LBJ Freeway to be more effective from an operational standpoint by providing an east/west link to the north/south rail lines. The Stemmons/LBJ rail station would also be a logical terminal point for regular bus service to DFW Airport, therefore providing a bus/rail link from the airport to downtown by 1999. Farmers Branch has supported DART in the past. Our citizens have voted for DART not once but twice. They have also provided $1 million of bond money to help build a DART station in our city. We continue to support DART now during its present deliberations, and are willing to work with the DART Board to adopt and build a financially strong regional transportation system." Mayor Dodd stated that he would read the above position to the DART Board at the up and coming meeting on Thursday night should the motion be adopted. A motion by Councilmember Blair, a second by Councilmember Dingman, all voting "aye", directed the above captioned position of the Mayor and the City Council, on the Proposed DART System be Vol. 49, Page 91 presented to the DART Board, in the Thursday, August 28th, 1986, DART Board Meeting. Mayor Dodd stated that he would also send a copy of the Mayor's and City Council's position on the proposed DART System to other area Mayors. C.4 DISCUSS CONDITIONS ALONG FARMERS BRANCH CREEK AND TAKE THE APPROPRIATE ACTION. Mayor Dodd stated that this has been placed on the agenda at the request of Mrs. Mary Ludwick, Vernon Smith and Jack Shirley. Mr. Vernon Smith, 2715 Bay Meadow Circle, presented several slides, dated August 3rd, 1986, of the problem areas of the Farmers Branch Creek which covered accumulations of debris and silt, a damaged bridge, fallen golf turf and demolished dams. Mr. Smith explained the events leading up to the deterioration of the Farmers Branch Creek and stated that the Engineering Department did not issue permits for the correction of the above stated problems and that the City Council did not take any time or action, that he was aware of, on the Gazebo Entrance at Number's 14 and 15. Mr. Jack Shirley, 2705 Bay Meadow Circle, Acting President of the Farmington Park Lake Association, was present, representing twenty-two property owners whose property backs up to the Farmers Branch Creek. Mr. Shirley presented photos of the Farmers Branch Creek, prior to the destruction. On March 22, 1985, The Texas Department of Water Resources sent a chronological list of dates and events to the Farmington Branch Lake Association. On August 22, 1985, both dams were classified as having a low hazard potential to downstream property and possible loss of life. It was noted that this classification could change if further development occurred downstream along Farmers Branch. Mr. Shirley stated that according to the Texas Department of Water Resources; on October 16th, 1985, Mr. Moon informed the Texas Department of Water Resources that the on-channel dams on this particular lake that gave away and dumped all this silt, were being maintained by the City of Farmers Branch. Mr. Shirley questioned, "What is the City of Farmers Branch going to do about the lake that is filled up with silt?" Mayor Dodd requested documentation of the above information as stated by Mr. Jack Shirley. Ms. Sue Goodwin, 2740 Farmers Branch Lane, was present and requested the help of the City of Farmers Branch in cleaning the Lake. Ms. Goodwin questioned whether a waiver could be established to allow the City to come in and clean private property? City Attorney, John Boyle stated that the City can expend funds for public projects or to protect public property and/or in the event Vol. 49, Page 92 that there is a situation where the public water cannot enter an area or leave an area, and if there is a determination that public waters have caused a problem, then even without an easement the City could obtain rights from property owners and then would be correcting a public problem. The City does not have the ability to improve and enhance private property with public funds. Mr. Jerry Squyres, 3552 Golfing Green, representing 21 creek-line owners, between lot number 5 and lot number 23 and Golfing Green Estates No. 14, stated that homeowners paid a premium for the homes in these areas (because of the nice trees, water and fish) and in September 1985, a cavity washout under the concrete dam was noticed. In November 1985, Mr. Squyres made a request to the City for an estimate to repair the dam. December 16, 1985, Mr. Squyres appeared before the Study Session of the City Council and three options were submitted to the City as follows, Option No. 1. Do nothing to the Dam. 2. Force lot owner to repair the dam. 3. The City would repair the dam in the amount of $12,000.00. Mr. Squyres stated that the lot owners offered to pay the City $12,000.00 to repair the dam. Mr. Squyres questioned the Council: 1. Why didn't the Council accept the $12,000.00 from the citizens and repair the dam? 2. Why haven't you dam, as recommei on December 16, 3. Why did you do the recommended Mr. Squyres stated that meeting the City dumped along Valley View Lane. forced the owner to repair the zded at the Study Session Meeting 1985? nothing when that wasn't one of options? within thirty days of the December 16th, tons of dirt into the Farmers Branch Creek 4. Why are we digging dirt out of Mallon Park and taking it upstream and dumping it into the creek. Mr. Squyres stated that the silt which the citizens are complaining about is not as much from the silt of the lake as much as it is to the dirt that the City dumped into the stream in an effort to keep Valley View from falling into the river. The water shed around Addison is causing more water in Farmers Branch Creek than ever before. The dam at lot number 5 is eroded and soon will break like the dam at lot number 23. Mr. Squyres stated that the problems are serious and will only get worse. Mr. Squyres proposed a Bond Election to correct the problems of Farmers Branch Creek. Mr. Squyres requested the amount of money already spent and how much dirt was dumped into the creek. Vol. 49, Page 93 Assistant City Manager, Steve Carpenter, was present and stated that the City did go into that area and worked from October 1985 to January 1986, putting in approximately 1,500 cubic yards of dirt, from the old Landfill which was stockpiled, with a total cost for labor and equipment in the approximate amount of $19,500.00. Mr. Shirley stated that there is only about three to four feet left before Valley View Lane will physically be in the creek. Ms. Romona Upfield, 13542 Braemar Drive, was present and stated that the amount of debris coming down the creek is tremendous, and questioned, "What recourses do the citizens have and whose obligation is it?" Mr. Tom Scales, Director of Community Services, was present and stated that the City is responsible for three areas of pollution in the City creeks as follows: 1. Litter type pollution. 2. Chemical spill pollution. 3. Testing and monitoring of water ways within the city. Mr. Scales stated that the City does furnish annually a copy of the testing and monitoring of the City waterways to the State. The City does respond to complaints on trash and litter in the creeks, and at this time, we do not have a program where the creek is monitored daily or weekly. The City does have a list of 28 notices which were given to companies within the City of Farmers Branch, not because of complaints, but where the City was able to determine the Company that placed debris in the creek, and the company was forced to remove the debris. The City has responded to several chemical spills (from paint, lime, oil etc.). Usually the City was unable to determine the responsibility, therefore the City has cleaned the chemical spills. City Attorney, John Boyle stated that there is a matter of the "burden of proof", in establishing who did it and there are three routes in which a business, an individual, or a municipality, can file a complaint: 1. The City Offices. 2. The Municipal Court, or 3. The District Court. Ms. Upfield questioned the amount of designated funds for drainage control and how much had been spent? City Manager, Paul West stated that the drainage control funds are designated for City owned creeks. Mr. C.M. Dorries, 3062 Selma, stated that most of the problem is directly related to a particular builder and his redoing the dam and rerouting the creek and questioned why there is not any legal Vol. 49, Page 94 action being taken against the builder and why the City is being held responsible. City Attorney, John Boyle stated that there were two dams that were focused on over a year ago: 1. The Concrete Dam, which was legally the responsibility of the property owner under the developers contract and the sub-division plat. City Attorney John Boyle explained that there was nothing done by the property owner and subsequently the dam did erode and is one of the major causes of the current problem. 2. The earth dam, which broke and released all that water, was just recently acquired by a Savings and Loan Company and no action was taken prior to that time. Mr. Boyle further stated that the earth dam is also on private property, and as a result of the action and failure to maintain that dam, the Citizens and the City may be able to establish proof that the Savings and Loan Company had negligence on their part which resulted in the damages. City Attorney, John Boyle stated that the City did not have the ability or the ordinances to require or enforce the property owner to repair that dam. It came to the attention that the City is the overseers of Flood Plain Management, but that dam had been build prior to the sub-division, and is not under a permitted situation from the State and the City could not require him to build it back, but if there were damages as a result of that dam and the establishment of negligence on his part, then he could be liable and responsible for the third parties who were damaged, as a result. Under Ordinance No. 1172, as pointed out, it is the Property Owners responsibilities. Assistant City Engineer, Mark Pavageaux, stated that in researching the files, that the dam was originally breached in 1983, and at that time the City was notified (which was only out of courtesy of the Property Owner). Mr. Pavageaux further stated and could only assume, that The Texas Water Commission should have been notified by the property owner, to enable the breaching to be monitored, (The Texas Water Commission was not notified). Mr. Pavageaux explained that the replacement of the breaching in the dam occurred in 1985, upon the replacement, the spillway was adjusted, removed and lined with paving blocks, and in August 1986, due to heavy rains and the impoundment of the lake, the dam fell, the water in the lake was released, and paving blocks were washed away. Mayor Dodd stated that currently there is a problem in communications with the Texas Water Commission. Mayor Dodd requested that the City Staff keep the Texas Water Commission informed even though it is not legally the responsibility of the city. Mr. Jack Shirley questioned whether the City knew water was being diverted into the lake from the Farmers Branch Creek. Vol. 49, Page 95 Mayor Dodd stated that Citizens contacted the City when the creek was going dry, which by that time the damage had been done. Mayor Dodd stated that when Mr. Jerry Squyres contacted the City, stating that the dam was going to go, the City immediately notified property owners of the potential problem by letter. Ms. Mary Ludwick, 12240 Veronica, was present and questioned why the City turned down the $12,000.00 from the Citizens to repair the dam? Ms. Ludwick read a letter dated June 1980 , from John Porterfield, City Engineer, to City Manager, Paul West; referencing: "Removal of Dams on the Old George Estate"; which stated that; "If either the developer or the Home Owners Association fails to properly maintain the flood way easement, the City does have the right to maintain the floodway easement, then to charge the Developer or the Home Owners Association for the cost incurred by the City." Councilmember Blair stated that the Council really did not have the option of accepting the $12,000.00 from the citizens to repair the dam because of the private property issue and that the option to accept the money from the Citizens came from Mr. Shirley and not the Council. City Manager, Paul West stated that the purpose of the floodway easement is to maintain the easement so that it can carry the floods, and the City would have the ability to remove obstructions. Assistant City Engineer, Mark Pavageaux, stated that the Valley View dam is located within the floodway easement. Mr. Pavageaux explained that there is a difference between a floodway drainage and a floodway easement that delineates a floodway. (A matter of interpretation). City Attorney, John Boyle stated that a floodway easement in this situation puts the responsibility upon the private home owner. Councilmember Dingman referenced the Creek Erosion Study, developed by the City Engineering Department in February 1985, itemized under the "Maintenance Responsibility Section" which defines the drainage easement and the floodway easement as follows: 1. Drainage Easement: This type of easement is for the sole purpose of draining water from a given area by either surface run-off or an underground drainage system. In this type of easement the City has the responsibility to see that all drainage is properly and adequately handled through the drainage easement. 2. Floodway Easement: A floodway easement is for the purpose of delineating the limits of the 100 Vol. 49, Page 96 year flood plain and within the 100 year flood plain there can be no fences, buildings, landscaping, or other obstructions build, placed or planted. The city has no maintenance responsibilities for erosion in this type of easement. The only other area that the City has maintenance responsibilities adjacent to these creeks, is when the property belongs to the City. Ms. Mary Ludwick, further stated that her property is located within the boundaries to be taken care of by the City. Ms. Ludwick requested that the Sedway Cooke plan look into the long term plans to address erosion along the creek, and that the City also investigate and determine what can be done to control the erosion along the creek, and that the City also come up with a Master Plan, so that the City can do their part along the public-ways and to let the homeowners know exactly what they can do along their private property to prevent further erosion. Ms. Ludwick also requested a time limit be set on all of her requests. Mr. Tom Cooke, Sedway Cooke Inc., was present and stated that Sedway Cooke is recommending a comprehensive stream wide analysis, which involves looking not only at the creek areas within the City, but also looking at the whole water shed and putting together a whole series of mechanisms to begin to solve the problem. Mr. Cooke stated that the erosion control devices being installed are not addressing the entire problem and that a hydraulic study which would take approximately four to six months needs to be done. Mr. Bill Craft, 12246 Veronica, was present and stated that there is a severe problem with debris coming down the creek. Mr. Craft questioned how the City is going to help the property owners to resolve this problem. Mr. Don Lowan, 12214 Veronica Circle, stated that most of the people on his side of the creek do not own the property, but that the property owners on the opposite side of the creek own the property. Mr. Lowan explained that property owners are losing their property to the creek with no recourse because they do not own any part of the creek itself. Mr. Peter Franklin, 3120 Brookhallow, stated that he has owned the property since 1983, and that within the last year has lost trees and accumulated lots of debris. Mr. Franklin suggested that because the problem seems to stem from heavy construction upstream that the City issue no more building permits until the problem is solved. Mayor Dodd suggested that more care and concern in monitoring, inspecting and red-tagging the construction areas should be taken. Vol. 49, Page 97 Mr. Preston Lybrand, 2634 Farmers Branch Lane, suggested that the property directly south of his property could belong to the City. Mr. Lybrand stated that there is quite a bit of trash accumulated in this area. Ms. Gail Gatcomb, 2638 Farmers Branch Lane, was present and stated that over the past two years there has been several changes in the Farmers Branch Creek. Ms. Gatcomb stated that the City should have cleaned up the sewage pipe in the creek. Ms. Gatcomb requested that the City remove pieces of pipe from the creek behind her house. Ms. Gatcomb further requested additional inspections of the Farmers Branch Creek, in conjunction with controlled construction, New City Policy changes, removal of trees from center of the creek, restoration of the concrete dam and a more active roll by the City in the Farmers Branch Creek problems. Councilmember Dingman referenced the Sedway Cooke Comprehensive Plan and stated that the whole water shed system needs to be looked at and that spot repairing, such as replacing this dam, as in the past, can cause additional problems. Mr. Jack Vanderslice, 3273 Brincrest, was present and stated that permits should be issued with conditions such as mandatory holding ponds. Mr. Vanderslice stated that he agrees that all building permits should be halted until the problems are corrected. Mr. Vanderslice further stated that he felt that the City is liable for all of the erosion damage caused by construction because the City issued the building permits in the first place. City Attorney, John Boyle stated that the issuing of building permits and the approval of sub-division plats, in his opinion, does not incur liability. Mr. Jim Badgett, 12348 Veronica Lane, was present and stated that there has been quite a problem with a bridge behind his home, the bridge creates swirling and undercutting. In 1983 Mr. Badgett stated that 14 trees were cutout of his back yard by the City, nine of the trees were on the creek bank and five were in his back yard. Neighbors directly behind his home doing erosion control are creating more erosion on his side of the creek. Mr. Richard Castro, 13204 Woodhaven Drive, was present and stated that the ultimate solution to the erosion problem is in the Comprehensive Plan. Mr. Castro requested permission to install a temporary concrete embankment to halt further erosion on his property. City Attorney, John Boyle stated that Mr. Castro could be held liable for causing upstream or downstream damage because of the installation of a proposed temporary concrete embankment. Councilmember Dingman stated that the City has used temporary concrete embankment on its property and that it would be a good Vol. 49, Page 98 idea to let the individual property owners also use temporary measures to halt further erosion without interruption from the city. Councilmember Dunagan stated that the City should instruct the property owners on how and what they can do to stop further erosion without disrupting or causing further erosion. Councilmember Weidinger stated that there are four problems that need to be addressed: 1. The damages public property does moving on to private property and the concern of the erosion problems on Mallon Park, do we remove the silt first and is it the City's silt and should the City remove the silt. Are we going to do the work prior to removing the silt, it behooves the City to remove the silt first. 2. What kind of action can the City take as far as private action on what people can do to help their property if they want to pay for it. 3. What are we going to do and how can we proceed to get the dams replaced, this should be the first thing done. 4. The City needs to look at the trash situation as far as what the City can do upstream. Mayor Dodd suggested that the staff to come back to the Council with suggestions that would aid the citizens, for temporary structures to control erosion on private property with private money. Mayor Dodd suggested that the City Staff work with Mr. Castro and his submitted building permit in allowing some type of relief in temporary erosion control. There was discussion of the City Staff setting up a procedure to monitor construction sites and to visit with the City of Addison regarding the trash that is put into the creeks. The monitoring should be ongoing to include reviews and inspections. Mayor Dodd questioned the legal follow-up on the rebuilding of the dams. City Attorney, John Boyle stated that the Texas Water Commission will have to issue a permit to reconstruct the dams. The City can take the position of being opposed or agreeing to rebuilding the dams and submit its opinion to the Texas Water Commission. Vol. 49, Page 99 Councilmember Blair stated that this item needs to be put on the Executive Session on the next City Council Meeting because it encompasses legal action and land purchase. D.1 CONSIDER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH F & S PARTNERS, INC. FOR THE DESIGN OF A NEW CITY HALL AND TAKE THE APPROPRIATE ACTION. Mayor Dodd stated that in order to begin the planning and design aspects of the new City Hall, it is necessary to execute a contract with F & S Partners Inc. for Architectural Services. Mayor Dodd explained that the office of the City Manager recommends approval to execute a contract with F & S Partners, Inc. and appropriate from designated Bond Funds the following: BASIC SERVICES .............$460,000.00 REIMBURSABLES 50,000.00 TOTAL ......................$510,000.00 After some discussion, a motion by Councilmember Blair, a second by Councilmember Dunagan, all voting "aye", authorized the City Manager to execute a contract with F & S Partners, Inc. for the design of a new City Hall in the amount of $510,000.00. D.2 CONSIDER MAKING COMMENTS TO THE TEXAS AIR CONTROL BOARD REGARDING PERMIT APPLICATION SUBMITTED BY TEXAS COLOR, INC. AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the Texas Air Control Board is requesting that the City make comments regarding an application for a permit by Texas Color, Inc. located at 4800 Spring Valley Road to modify its facility. Texas Color, Inc. has applied for a permit from the Texas Air Control Board to replace a printing press containing no air pollution control devices with a modern press which has air pollution control devices. This modification will reduce atmospheric emissions from the facility. Councilmember Weidinger stated that the Texas Color Company presently operates three printing presses, two which have air pollution control devices and a third which is currently being changed out. The Texas Color Company is requesting the banking of the 20 pound reduction in emission levels to be available for future installation of more printing presses. After much discussion, a motion by Councilmember Weidinger, a second by Councilmember Phelps, all voting "aye", directed the City Staff to notify the Texas Air Control Board that the City concurs with the replacing of the current printing press to the new more efficient printing press, with air pollution control devices, and opposes the banking of the 20 pound reduction in emission levels Vol. 49, Page 100 for future press installations, thereby requiring the company to comply with the 95% pollution control efficiency. D.3 CONSIDER ORDINANCE NO. 1643 FOR THE ADMINISTRATION OF THE ANNUAL OVERLAY PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the Hot-Mix Overlay Program is designed to rehabilitate asphalt pavements and extend the useful service life of concrete pavements. Mayor Dodd stated that the proposed ordinance is intended to provide guidelines for the administration of this program and to provide an alternative to an asphalt overlay in areas where residents do not favor the resurfacing of their street with asphalt. A motion by Councilmember Dunagan, a second by Councilmember Dingman, all voting "aye", adopted Ordinance No. 1643 to provide guidelines for the administration of the "Alternative to Asphalt Overlay Program" in areas where residents do not favor the resurfacing of their streets with asphalt as captioned below: "AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS ESTABLISHING A PROCEDURE FOR THE ADMINISTRATION OF THE ASPHALT OVERLAY PROGRAM WITH A PROVISION FOR ALTERNATIVE TOTAL STREET RECONSTRUCTION." D.4 CONSIDER AUTHORIZING FINAL PAYMENT TO TEXAS FIXTURE, INC. ON THE SENIOR ADULT ACTIVITY CENTER AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that the Texas Fixture, Inc., the contractor for the Senior Adult Activity Center, has submitted for final payment on the project. After some discussion, a motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", tabled the consideration of authorizing final payment to Texas Fixture, Inc. on the Senior Adult Activity Center until September 8th, 1986, for further study by the City's Legal Department and to protect the City's legal position. D.5 CONSIDER AWARDING BID FOR ELECTRONIC SURVEY EQUIPMENT AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that bids were opened for electronic survey equipment on August 13, 1986. Three bids were received. The low bid was $19,190.00 from Midwest Surveyors Service. The Engineering Department has funds available for the purchase of this equipment in the amount of $25,000.00. Vol. 49, Page 101 Mayor Dodd stated that the Engineering Department recommends that the bid for the electronic survey equipment be awarded to Midwest surveyors service in the amount of $19,190.00. A motion by Councilmember Weidinger, a second by Councilmember Phelps, all voting "aye", awarded the bid for the electronic survey equipment to Midwest Surveyors Service in the amount of $19,190.00, from designated funds in the Engineering Department. D.6 DISCUSS COUNCIL TRAVEL REQUESTS AND TAKE APPROPRIATE ACTION. Mayor Dodd stated that this item is placed on each agenda to give the Council members the opportunity to present requests. There were no travel requests by the Mayor or Councilmembers at this time. D.7 CITIZEN PARTICIPATION. Jerry Chapman, 13208 Woodhaven Drive, was present and stated that one solution to the erosion problem on the Farmers Branch Creek would be for all of the property owners to donate their property on the creek to the City of Farmers Branch. MAYOR DODD ANNOUNCES THAT THE ITEMS ON THE AGENDA OR THE GENERAL SESSION HAVE BEEN CONCLUDED. AFTER A SHORT RECESS, THE MEETING WILL RECONVENE FOR ITEMS IN THE EXECUTIVE SESSION. THE MEETING WILL RECONVENE INTO GENERAL SESSION AFTER THE ITEMS HAVE BEEN DISCUSSED IN THE EXECUTIVE SESSION. ARTICLE 6252-17, SECTION 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONAL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 EXECUTIVE SESSION. C. Discuss Pending and Contemplated Litigation - Article 6252-17 Sec. 2(e) A. CONSIDER AND REVIEW CITY'S CLAIM FOR REIMBURSEMENT OF EXPENSES RELATING TO ZOECON. 1. There was no discussion on this item. B. REVIEW AND DISCUSS THE WALKER VS CITY OF FARMERS BRANCH CASE. 1. City Attorney, John Boyle gave a report on the case. C. DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g). Vol. 49, Page 102 1. Discuss Appointment of a Representative to the Steering Committee of the Trinity River Planning Process as Conducted by the Corps of Engineers and the North Central Texas Council of Governments. D. DISCUSS APPOINTMENT OF AN ASSOCIATE MUNICIPAL COURT JUDGE. E.4 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. A motion by Councilmember Blair, a second by Councilmember Weidinger, all voting "aye", appointed Councilmember John Dunagan as the City's official to serve on the Trinity River Corridor Interjurisdictional Management Program Steering Committee. A motion by Councilmember Weidinger, a second by Councilmember Phelps, all voting "aye", appointed J. Scott Perry as an Associate Municipal Court Judge who is to serve as the Court Judge upon the absence of Judge Arthur Skibill. THE COUNCIL RECONVENED INTO GENERAL SESSION F.1 ADJOURNMENT. A motion by Councilmember Weidinger, a second by Councilmember Blair, all voting "aye", adjourned the City Council Meeting at 11:34 iP, I. r J City Secretary' I ~LJ Vol. 49, Page 103