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1997-07-21 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JULY 21, 1997 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers n Bob Phelps Calla Davis Charlie Bird Berry Grubbs Bill Moses James Robbs The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney Communication Director Economic Development Director Director of Planning Building Official City Engineer Director of Finance Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works Director of Equipment Services Traffic Engineer Assistant to the City Manager Recording Secretary Richard L. Escalante Linda Tidwell-Groomer John F. Burke John Boyle Donna Huerta Norma Nichols Michael Spicer Jim Olk Jerry Murawski Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux Don Moore Dave Davis Margaret Somereve Suzanne Reynolds The following members of the City Administration were absent: Director of Community Services Tom Scales City Secretary Cindee Peters 11 Mayor Phelps called the City Council Meeting of July 21, 1997 to order at 7:33 P.M. The meeting was televised. A.1 INVOCATION. Pastor Kevin Abbott, Associate Pastor at Crestview Baptist Church in Farmers Branch gave the invocation and Councilman Grubbs led the pledge of allegiance to the flag. Volume 75, page 49 A.2 PRESENTATION BY SOUTHWESTERN BELL OF THEIR FARMERS BRANCH TAX DIVIDEND REBATE CHECK TO R. L. TURNER HIGH SCHOOL. Ms. Holly Rorschach, Regional Director of External Affairs of Southwestern Bell, presented their dividend check to Mr. Kim Holland, the new principal of R. L. Turner High School. Mayor Phelps introduced Mr. Kim Holland and welcomed him to Farmers Branch. A.3 PRESENTATION OF BOARD APPLICATIONS No one presented an application. A.4 PRESENTATION OF SERVICE AWARD. Mr. Ray Adams of Equipment Services was not present to received his service award due to illness. A.5 REPORT ON STUDY SESSION ITEMS. Mayor Phelps gave a brief summary of the items discussed in the Study Session held prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.3. Mayor Phelps stated under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tern Davis, seconded by Councilman Moses, all voting "aye," approved the following items on the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JULY 7, 1997. B.2 APPROVED MINUTES OF SPECIAL CITY COUNCIL MEETING OF JULY 11, 1997. B.3 ADOPTED RESOLUTION NO. 97-1 13 AUTHORIZING THE SUBMISSION OF A SEWER REHABILITATION PROJECT DESCRIPTION TO DALLAS COUNTY, TEXAS FOR THE 1997 FISCAL YEAR OF THE DALLAS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mayor Phelps read Consent Agenda captions for the audience and home viewers. Volume 75, page 50 C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status of various projects and activities in the City. C.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2326 AMENDING THE CITY-WIDE MASTER THOROUGHFARE PLAN ORDINANCE NO. 2031 BY DELETING AN UNNAMED AND UNDEVELOPED STREET AND PROVIDING A SEVERABILITY CLAUSE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The City-wide Master Thoroughfare Plan currently designates an unnamed and undeveloped street as a four-lane undivided thoroughfare. Graham Associates, Inc., on behalf of two adjacent property owners, has requested that the street be deleted from the Thoroughfare Plan. The unnamed and undeveloped street proposed for deletion is in the northeast quadrant of the intersection of Valley View Lane and Luna Road. It begins at Valley View Lane, proceeds north for approximately 700 feet, and turns west to the west city limit line for approximately 2600 feet. The Planning and Zoning Commission, by unanimous vote, recommends adoption of Ordinance No. 2326 amending the City-wide Thoroughfare Plan Ordinance No. 2031 by deleting an unnamed and undeveloped street currently designated as a four-lane undivided thoroughfare. Mayor Phelps opened the public hearing. No one spoke. A motion by Councilman Bird, seconded by Mayor Pro Tern Davis, all voting "aye," closed the public hearing. Councilman Grubbs asked if the property owner was willing to dedicate to the City the street right-of-way, as well as, the triangle parcel as shown on page 3b of the Council memo. Councilman Grubbs also asked if the City has anything in writing from the owner of the property. Mr. Dave Davis, Traffic Engineer, stated the thoroughfare amendment presented to the Council regards the east/west right-of-way on the drawing on page 3b. Mr. Davis also stated the north/south piece is Davis Lane and that remains on the thoroughfare plan and would not be effected. Mr. Davis stated the City has not been informed in writing of the property owner's intention to dedicate the land to the City. Mr. Davis stated there will be no action taken until the matter is resolved. Mayor Phelps asked Mr. Davis if the property is dedicated to the City, will it come back to the Council. Volume 75, page 51 Mr. Davis replied it would come back to the Council. Councilman Grubbs asked if this was a quid pro quo. He asked if they get the thoroughfare taken off the site plan then the City gets the dedication of the property. Mr. Jerry Murawski, City Engineer, stated with regards to the 32 feet of right-of-way it would include Davis Lane and the triangle portion. Mr. Murawski stated he is anticipating presenting this at the August 18, 1997 City Council Meeting. Mr. Murawski stated at the same meeting, acceptance of the plat will go before Council which will include all of the property except for the triangle piece. Mr. Murawski stated there will be a quick claim deed for the property which would be a separate item. Mr. Murawski stated the Engineering Department is working on these documents. There being no further discussion, a motion by Mayor Pro Tern Davis, seconded by Councilman Robbs, all voting "aye," adopted the following captioned Ordinance No. 2326 amending the City-wide Thoroughfare Plan Ordinance No. 2031 by deleting an unnamed and undeveloped street currently designated as a four-lane undivided thoroughfare. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY-WIDE MASTER THOROUGHFARE PLAN ORDINANCE NO. 2031 BY DELETING AN UNNAMED AND UNDEVELOPED STREET CURRENTLY DESIGNATED AS A FOUR- LANE UNDIVIDED THOROUGHFARE AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER AMENDING SECTION 12-103 OF THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING THE PARKING REQUIREMENTS IN RESIDENTIAL ZONING DISTRICTS AND AMENDING THE PROVISIONS FOR CONVERTING VEHICLE STORAGE GARAGES OR CARPORTS INTO LIVING AREAS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. In residential neighborhoods the conversion of garages and carports into living areas is occurring with regularity. As a consequence, additional vehicles are parked in the front yards and additional outside storage takes place in the front, side and rear yards. This trend is a factor that may lead to less than desirable property appearance and, in turn, to reduced property values. Proposed Ordinance No. 2331 requires that when a garage or carport is converted into a living area, the required number of parking spaces must be provided on-site behind the front building line. The Ordinance also prohibits, in residential zoning districts, the parking or storage of commercial vehicles and vehicles that exceed a one (1) ton capacity. The Planning and Zoning Commission, by unanimous vote, recommends the adoption of proposed Ordinance No. 2331 as revised, amending Section 12-103 of the Comprehensive Zoning Ordinance relative to parking requirements and garage and carport conversions. Volume 75, page 52 Mayor Phelps opened the public hearing. Mr. Glenn Kipper, P.O. Box 2956, Dallas, stated he lives in Farmers Branch. He feels this ordinance is too restrictive and people cannot treat their homes as their home. Mr. Kipper stated he has lived in places without garages and with no access to back yards. Mr. Kipper stated he feels this ordinance should not be adopted. A motion by Councilman Bird, seconded by Councilman Grubbs, all voting "aye," closed the public hearing. Councilman Robbs asked if the 60 day moratorium had to be extended. Mayor Phelps stated it will come back at the next Council meeting. A motion by Councilman Bird, seconded by Mayor Pro Tern Davis, all voting "aye," continued the public hearing on the proposed text amendment to Section 12-103 of the Zoning Ordinance until August 18, 1997, and further requested that the Planning and Zoning Commission study a possible amendment to this section with regards to required parking in residential zoning districts being covered or enclosed. C.4 PUBLIC HEARING: CONSIDER AMENDING THE COMPREHENSIVE ZONING ORDINANCE RELATIVE TO ACCESSORY BUILDING AND USE REGULATIONS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The Comprehensive Zoning Ordinance regulates the placement of accessory structures on residential lots and the lot area that may be covered with structures. These regulations, however, have not prevented the erection of accessory buildings throughout the city that are inconsistent with the character of residential neighborhoods. Though not illegal under current regulations, the quantity, size, materials, and commercial look of these structures have a negative impact on residential neighborhoods. Proposed Ordinance No. 2329 establishes more clearly defined accessory building regulations principally designed to preserve the character of residential neighborhoods. In general, the proposed Ordinance would regulate how accessory buildings may be used; limit the number and size of accessory buildings; prohibit the use of commercial trailers and containers as accessory structures; require that accessory buildings be constructed of materials that are compatible with residential neighborhoods; and afford residents greater flexibility in locating small accessory structures. The Planning and Zoning Commission, by unanimous vote, recommends proposed Ordinance No. 2329 be adopted as revised, amending Article 15 of the Comprehensive Zoning Ordinance relative to accessory building and use regulations. Mayor Phelps opened the public hearing. Volume 75, page 53 Mr. Bob Wade, 12564 Wood Manor Circle, stated he spoke at the Study Session. Mr. Wade stated limiting accessory buildings to 50 square feet is too restrictive and he needs approximately 80 square feet. Mr. Wade stated he would like for the Council to change the proposed Ordinance No. 2329, amending Article 15 relative to accessory building to 80 square feet rather than 50 square feet. Mr. Wade stated his building permit to construct a driveway was issued March 14, 1997, and will expire on September 14, 1997. He stated he is willing to wait on construction of the driveway if the Council needs to study the ordinance. Mr. Wade stated he is interested in maintaining the active status of his permit. Mr. Glen Kipper stated he is concerned that the Ordinance would eliminate the use of commercial containers for storage. A motion by Councilman Grubbs, seconded by Mayor Pro Tern Davis, all voting "aye," closed the public hearing. Mayor Phelps stated in reference to containers, the City has received complaints on old truck bed bodies that roll off into the backyard and are used for storage. Mayor Phelps stated these buildings are not designed for storage or do not look like storage buildings. Mr. Kipper stated sea containers are being used and he feels these are one of containers the Council would like to get rid of. Mr. Escalante stated he believes there are commercial containers being utilized in Farmers Branch and they will be prohibited by this ordinance. Mr. Escalante asked Mr. Jim Olk to answer Mr. Wade's concerns. Mr. Jim Olk, Building Official, stated in response to initiating work and progression of work, as long as a visible means of work has gone on, such as Mr. Wade placing stakes in his drive-way, this would be sufficient for the City. Mr. Olk stated Mr. Wade's permit would not expire if visible work is occurring. Mr. Kipper stated containers he is referring to can be made to look nice and are also easier to move than a shed. A motion by Councilman Grubbs, seconded by Councilman Bird, voting "aye," approved Ordinance No. 2329 as recommended by the Planning and Zoning Commission, with the deletion of Section 15-105 addressing "Small Accessory Building Regulations" and the references to section 15- 105 found in Sections 15-102 (13) and 15-103 (1), with Mayor Pro Tern Davis, Councilmen Robbs and Moses, all voting "nay." The motion died for lack of a favorable vote. Volume 75, page 54 Councilman Moses asked if it referred to buildings in the side yard. Councilman Grubbs replied that was correct, he would like to retain current ordinance and current standards. Councilman Moses stated he just wanted to make sure. A motion by Councilman Grubbs, seconded by Councilman Bird, all voting "aye," returned Ordinance No. 2329 to the Planning and Zoning Commission for further study and to bring it back to the Council at a later date. Mr. Escalante stated he would like to make a correction on the previous agenda item concerning the garage conversion. Since the public hearing was closed, there will have to be another public hearing at the Planning and Zoning meeting and at the City Council by August 18, 1997. City Attorney John Boyle stated this would be the case no matter what. C.5 PUBLIC HEARING: CONSIDER AMENDING SECTION 8-700 OF THE COMPREHENSIVE ZONING ORDINANCE BY REDEFINING THE TERM "HOME OCCUPATION", ADDING THE TERM "RESIDENTIAL ACTIVITY" AND ADDING SECTIONS 16-108 AND 16-109 IN THE COMPREHENSIVE ZONING ORDINANCE TO ESTABLISH SPECIFIC REGULATIONS FOR HOME OCCUPATION AND RESIDENTIAL ACTIVITY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Home-based businesses can adversely affect neighborhoods by increasing traffic, causing parking problems, creating visually obtrusive situations, and generating noise, smoke, light or odors not related to normal residential use of property. Additionally, certain hobbies and other activities may cause problems in residential neighborhoods similar to business operations. The Comprehensive Zoning Ordinance does not presently regulate hobbies and non-business activities that may be disruptive to residential neighborhoods, nor have its regulations pertaining to home-based businesses been adequate. The proposed definition of home occupation limits who may conduct a home occupation to a residing member of the occupant's family; restricts home occupations to the main structure; prohibits offering services and goods on-site; prohibits employment of others; prohibits structural alteration of the residence; prohibits installation of equipment or machinery not customarily found in the home; prohibits on-site advertising or signage; and limits the area of a home that can be dedicated to storage or warehousing of merchandise or materials. Tutorial, instructional services and similar activities that are not disruptive to residential neighborhoods are specifically exempt. Proposed Ordinance No. 2330 also restricts hobbies and non-business activities which could have the same appearance or impact as a home- Volume 75, page 55 based business. The Planning and Zoning Commission, by unanimous vote, recommends the adoption of proposed Ordinance No. 2330 amending Section 8-700 of the Comprehensive Zoning Ordinance and adding Sections 16-108 and 16-109 establishing regulations for home occupations and residential activities. Mayor Phelps opened the public hearing. Mr. Kipper stated he would like for Council to take into consideration allowing people who are into rebuilding cars to remain in this activity. Mr. Kipper suggested the Council require screening requirements. Mr. Kipper also stated he feels this ordinance is too restrictive. A motion by Mayor Pro Tern Davis, second by Councilman Robbs, all voting "aye," closed the public hearing. Mayor Phelps asked Mr. Olk to explain hobbies. Mr. Jim Olk stated the hobby portion does limit certain activities that would have the same effect as a home base business and it could adversely effect the neighborhood. Mayor Phelps asked if an individual could rebuild a car in his own garage. Mr. Olk replied yes, the problem occurs when the car is outside the garage and is visible. Mr. Olk stated once everything is moved inside the garage there is no adverse effect to the neighborhood. City Manager Richard Escalante stated the public should know why this ordinance was originated. Mr. Escalante stated the City receives complaints concerning automotive repair shops and other activities which appear to be a business occurring within residential neighborhoods. He stated when the City investigates these complaints, the City is told they are hobbies. Mr. Escalante stated these hobbies have the appearance of being a business and if the City cannot prove otherwise, it will continue and it will effect the adjacent property owners in the neighborhood. Mr. Escalante stated whether it is a hobby or a business it still has a negative impact of the neighborhood. Mr. Escalante stated this ordinance would regulate the activities that are disruptive to the neighborhood and disrupt the character of a neighborhood. Mr. Escalante continued that the City does not have to prove it is an occupation if the activity and characteristics have an adverse impact on the residents under this new ordinance. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted the following Volume 75, page 56 captioned Ordinance No. 2330 amending Section 8-700 of the Comprehensive Zoning Ordinance and adding Sections 16-108 and 16- 109 establishing regulations for home occupations and residential activities. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 8-700 1., (22) THE COMPREHENSIVE ZONING ORDINANCE BY REDEFINING THE TERM "HOME OCCUPATION"; DEFINING THE TERM "RESIDENTIAL ACTIVITY"; CREATING SECTION 16-105 AND 16-106 IN THE COMPRHENSIVE ZONING ORDINANCE TO ESTABLISH SPECIFIC REGULATIONS FOR HOME OCCUPATIONS AND RESIDENTIAL ACTIVITY; REPEALING ALL ORDINANCES OR PROVISIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITIY CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. D.1 CONSIDER ADOPTION OF RESOLUTION NUMBER 97-1 12 AUTHORIZING THE OPERATION OF A TEMPORARY CARNIVAL IN THE PARKING LOT OF THE WAL-MART STORE AT 13307 MIDWAY ROAD AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Talley Amusements, Inc. is requesting permission to operate a carnival from July 21, 1997 through August 3, 1997 in the north east corner of the Wal-Mart parking lot located at 13307 Midway Road. The carnival company will erect and operate mechanized rides, games of chance and provide limited food service. Ordinance Number 1770, adopted in June of 1988 allows temporary carnivals in all zoning districts provided a resolution is passed by the City Council. Staff is concerned about the total amount of parking lot that will be covered by the carnival and the potential disruption to the traffic flow at and around the proposed site. Ms. Mary Talley, Talley Amusements of Fort Worth, Texas, stated she was born and raised in the Carnival business. Ms. Talley stated she has worked with Wal-Marts in the State of Texas for the last three years raising money for the Miracle Network. Ms. Talley stated she needs approximately 200 x 350 feet of space for her carnival rides. She also stated her rides are inspected by the State and an insurance company. Ms. Talley stated the company has a perfect record with no accidents or fatalities. Ms. Talley stated she would welcome any questions the Council may have. Mayor Phelps stated that several businesses in the area commented Volume 75, page 57 they have no problem with a carnival but with the traffic flow on Midway Road. Councilman Moses asked Ms. Talley about the July 21" date. Ms. Talley replied she would have to set-up a new date with Wal-Mart. Councilman Moses asked what part of the parking lot will be needed for the carnival. Ms. Talley replied the northeast. Mayor Pro Tern Davis asked Ms. Talley why she is doing this. Ms. Talley replied this is how she makes her living and she is a third generation in the carnival business. Mayor Pro Tern Davis asked what the Miracle Network is. Ms. Talley stated it is a charitable organization that Wal-Mart sponsors. Mr. Escalante stated that the information about the carnival is included in the memorandum. Councilman Robbs asked Mr. Olk if this would interfere with the required parking . Mr. Olk replied it will. Councilman Bird asked if this would affect Golfsmiths. Mr. Olk replied yes and the manager feels this will adversely affect him. Councilman Moses commented the carnival would be on the opposite side of the parking lot. Mr. Olk stated that Goldsmiths feels they will lose spaces because of Walmart's overflow. Councilman Moses asked the Chief of Police Jimmy Fawcett to comment on the traffic situation. Chief Fawcett stated the area is congested and has the potential to be a dangerous situation. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Grubbs, all voting "aye," denied the request. D.2 CONSIDER ADOPTING RESOLUTION NO. 97-107 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LEEDS CLARK FOR REPAIRS TO THE 1856 GILBERT HOUSE IN THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION Volume 75, page 58 Mayor Phelps presented the following information for consideration. The Gilbert House in the Historical Park was built by Dr. Samuel Gilbert in 1856. The house was restored in 1984. In late 1996 staff noticed deteriorating wood on the east porch of the Gilbert House. Mr. Tom Clark of Leeds Clark, restoration consultants, was asked to investigate and complete an assessment of the building. Mr. Clark's assessment found that the deteriorating porch flooring needs to be replaced, the handicap ramp needs to be rebuilt because of deteriorating wood and to allow proper runoff of rainwater, and the north chimney needs to be dismantled and rebuilt. These should be handled as soon as possible to prevent further damage. Funds are available in the Hotel/Motel Fund, Historical Park budget. The Director of the Parks and Recreation Department recommends adopting Resolution No. 97-107 authorizing the City Manager to execute a Professional Services Agreement with Leeds Clark for repairs to the Gilbert House in an amount not to exceed $29,340. There being no discussion, a motion by Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 97-107 authorizing the City Manager to execute a Professional Services Agreement with Leeds Clark for repairs to the Gilbert House in an amount not to exceed $29,340. D.3 CONSIDER ADOPTING RESOLUTION NO. 97-108 APPROVING PURCHASE OF A VIDEO SYSTEM TO MONITOR FREEWAY TRAFFIC AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The Incident Detection and Response Project is funded in the DART Local Assistance Program Budget for 1996-97 in the amount of $360,350. Of this total amount, $50,000 has been allocated for the purchase of a video traffic monitoring system which will provide City Staff a means to monitor traffic conditions on IH635 and IH35E. The purpose of the system is to alert City staff to traffic conditions on the freeways which commonly result in abnormal traffic volumes and congestion on City thoroughfares. City staff can respond by adjusting signal timing on affected thoroughfares to enable traffic to flow as efficiently as possible. Proposals were received from two vendors. The proposals were evaluated by City staff. Based on the evaluation and testing of the equipment, the best proposal was submitted by Paradigm Traffic Systems, Inc. in the amount of $46,024. The City Engineer and the Traffic Engineer recommend adoption of Resolution No. 97-108 approving the purchase of video system equipment to monitor freeway traffic from Paradigm Traffic Systems, Inc. in the amount of $46,024. Volume 75, page 59 There being no discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 97-108 approving the purchase of video system equipment to monitor freeway traffic from Paradigm Traffic Systems, Inc. in the amount of $46,024. D.4 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mayor Pro Tern Davis stated she has been selected to serve on a committee for the Attorney General's Office. A motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye", approved travel for Mayor Pro Tern Davis to attend all meetings in Austin, Waco and Fort Worth. D.5 CITIZEN PARTICIPATION. Mr. Kipper stated he has noticed City signage that have other signs attached to them. Mr. Kipper stated he feels that if children are playing they could possible run into the signs and get hurt. He stated it is a potential liability for the city and the signs should be raised to six or seven feet. Mayor Phelps asked Mr. Kipper for an example. Mr. Kipper replied there are signs at the northeast corner of Southern Pines and Pebble Beach and a few on Tanglewood. Mayor Phelps asked if the signs were located on the stop sign. Mr. Kipper replied he believed it was on a stop sign. Mayor Phelps stated the City Manager has made a note and would look into the matter. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 3:00 P.M. STUDY SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 3:02 P.M. AND CONVENED INTO GENERAL SESSION AT 3:30 P.M. AND THEN RECONVENED INTO EXECUTIVE SESSION AT 6:45 P.M. AND CONCLUDED AT 7:03 P.M. FOR THE GENERAL SESSION. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION.' E.1 a DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE - SECTION 551.074 Volume 75, page 60 1. DISCUSS APPOINTMENT TO THE ANIMAL SHELTER ADVISORY COMMITTEE. 2. DISCUSS APPOINTMENT OF AN ALTERNATE MUNICIPAL COURT JUDGE. 3. DISCUSS APPOINTMENT TO THE PLANNING AND ZONING COMMISSION. Mayor Phelps and members of the City Council discussed appointments to various boards. E.1 b DISCUSS LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT 13400 MIDWAY ROAD. 2. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT 4205 MCEWEN ROAD. 3. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT 4205 LBJ FREEWAY. 4. DISCUSS LAND ACQUISITION IN AREA BOUNDED BY TOM FIELD, EPPS FIELD AND DANNY LANE, AND TAKE APPROPRIATE ACTION. Assistant City Manager John Burke and City Engineer Jerry Murawaki gave a report on possible land acquisition at various locations. E.1 c DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. DISCUSS POTENTIAL LITIGATION RELATED TO THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT ATTENDANCE ZONE ISSUE. City Attorney John Boyle and City Manager Richard Escalante updated the City Council on the attendance zone issue. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the appointment to the Animal Shelter Advisory Committee would be postponed until the August 4, 1997 City Council meeting. Volume 75, page 61 Mayor Phelps stated the appointment of a Municipal Court Judge would be postponed until the August 4, 1997 City Council meeting. Mayor Phelps called for necessary action on personnel matters. A motion by Councilman Grubbs, a second by Councilman Moses, all voting "aye", moved Nancy Hardie from Alternate Position 1 to Place 1 and moved Ruben Rend6n from Alternate Place 2 to Alternate Place 1. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on land acquisition. A motion by Mayor Pro Tern Davis, a second by Councilman Moses, all voting "aye", approved Resolution No. 97-111 determining the necessity of acquiring right-of-way located at 13400 Midway Road for the construction of street improvement in the widening of Midway Road and authorizing the use of condemnation or appropriation for acquiring said right-of-way and providing an effective date. A motion by Councilman Bird, a second by Councilman Robbs, all voting "aye", approved Resolution No. 97-1 10 determining the necessity of acquiring right-of-way located at 4205 McEwen Road for the construction of street improvement in the widening of Midway Road and authorizing the use of condemnation or appropriation for acquiring said right-of-way and providing an effective date. A motion by Councilman Moses, a second by Councilman Robbs, all voting "aye", authorized City staff to offer an additional $1,000 compensation to the lessee for the loss of improvements within the proposed right-of-way at 4205 LBJ Freeway as part of the Midway Road widening project for a total compensation for land and improvements of $19,077. Mayor Phelps reported City staff updated the City Council on land acquisition in an area bounded by Tom Field, Epps Field, and Danny Lane. E.4 CONSIDER NECESSARY ACTION ON PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported the City Attorney updated the City Council on the school issue. Volume 75, page 62 MAYOR'S ANNOUNCEMENT Mayor Phelps asked the Chief of Police to explain the "Serving Children by Serving You" program. Chief Fawcett stated that on Monday, July 28, 1997, the Police Department and jojo's Restaurant will raise money for Bea's kids. Chief Fawcett stated police officers will serve and be host at the door and in return jojo's has agreed to donate 20 percent of the proceeds to Bea's Kids and all tips left for the officers will go to Bea's kids also. Chief Fawcett stated it will be a lot of fun, for a good cause, and he hopes that everyone attends. F.1 ADJOURNMENT. A motion by Councilman Grubbs, a second by Deputy Mayor Pro Tern Bird, all voting "aye", adjourned the City Council meeting of July 21, 1997, at 8:43 p.m. Mayor J City Secretary Volume 75, page 63