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1997-09-08 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING SEPTEMBER 8, 1997 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tem Calla Davis Councilmembers Charlie Bird Bill Moses Jim Robbs The following members of the City Council were absent: Councilmember Berry Grubbs The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Groomer Assistant City Manager John F. Burke City Attorney John Boyle City Secretary Cindee Peters Communication Director Donna Huerta Economic Development Director Norma Nichols Director of Community Services Tom Scales Director of Planning Michael Spicer City Engineer Jerry Murawski Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Library Director Mary Jane Stevenson Director of Personnel Janet Goad Police Chief Jimmy Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux Traffic Engineer Dave Davis Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council Meeting of September 8, 1997 to order at 7:30 P.M. The meeting was televised. Volume 75, page 103 A.1 INVOCATION. Councilman Moses gave the invocation and Councilman Bird led the pledge of allegiance. Mayor Phelps stated the Club Corp Pro-Am Golf Tournament will be held on Monday, September 22 at Brookhaven County Club. This tournament benefits the Andrew Magee-Scott Verplank-Brain Watts Endowment Fund and supports the Family Health Center at Vivian Field Middle School in Farmers Branch. A.2 CONSIDER ACCEPTING A DONATION OF $10,000 FROM THE FRIENDS OF THE FARMERS BRANCH MANSKE LIBRARY TO PURCHASE SIX PERSONAL COMPUTERS FOR THE PROPOSED LOCAL AREA NETWORK AND TAKE APPROPRIATE ACTION. Mrs. Joan Abbey, the President of the Friends of the Farmers Branch Manske Library, presented a check in the amount of $10,000 to the Mayor and Council for six personal computers for the Local Area Network to the City of Farmers Branch. A motion by Mayor Pro Tem Davis, seconded by Councilman Moses, all voting "aye," accepted the $10,000 donation. A.3 PRESENTATION OF BOARD APPLICATIONS. No one came forward. A.4 REPORT ON STUDY SESSION ITEMS CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.10. 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 Robbs all voting "aye," added items D.1, D.2, and D.6 to the Consent Agenda. Volume 75, page 104 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 AUGUST 18, 1997. B.2 APPROVED MINUTES OF A SPECIAL CITY COUNCIL MEETING ON AUGUST 25, 1997 B.3 APPROVED MINUTES OF A SPECIAL CITY COUNCIL MEETING ON SEPTEMBER 3, 1997. B.4 APPROVED THE REQUEST BY JACKSON-SHAW/ALPHA ROAD, LTD., AND CARL H. HILEMAN AND KEITH P. DANIELS FOR FINAL PLAT APPROVAL OF ALPHA ADDITION. B.5 APPROVED THE REQUEST BY A.C.S.S. II, INC. FOR FINAL PLAT APPROVAL OF HUTTON VALLEY DISTRIBUTION CENTER ADDITION. B. 6 APPROVED THE REQUEST OF O'BRIEN & ASSOCIATES, INC., FOR SITE PLAN APPROVAL FOR A DISTRIBUTION FACILITY TO BE LOCATED AT THE NORTHEAST CORNER OF VALLEY VIEW LANE AND HUTTON DRIVE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 22 (PD-22) ZONING DISTRICT. B.7 ADOPTED ORDINANCE NO. 2349 GRANTING A STREET USE AND RENTAL AGREEMENT TO BROOKS FIBER COMMUNICATIONS OF TEXAS, INC. FOR THE PURPOSE OF OPERATING A FIBER OPTICS NETWORK WITHIN THE CITY OF FARMERS BRANCH. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, GRANTING TO BROOKS FIBER COMMUNICATIONS OF TEXAS, INC. ("BROOKS"), A DELAWARE CORPORATION, A STREET USE AND RENTAL AGREEMENT FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING ITS FIBER OPTIC NETWORK IN PUBLIC STREETS, ALLEYS, AND RIGHTS-OF-WAY IN THE CITY OF FARMERS BRANCH; PROVIDING FOR THE CONDITIONS GOVERNING THE CONSTRUCTION, EXPANSION, USE, RECONSTRUCTION, EXCAVATION, MAINTENANCE AND OPERATION OF A FIBER OPTIC NETWORK; PROVIDING FOR A BOND AND INSURANCE, PROVIDING FOR THE Volume 75, page 105 REGULATION OF WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS AND REQUIRING ALTERATION TO CONFIRM WITH PUBLIC IMPROVEMENTS; PROVIDING FOR THE CITY'S RIGHT TO USE CERTAIN PORTIONS OF THE FIBER OPTIC NETWORK; PROVIDING FOR COMPENSATION FOR THE PRIVILEGES CONFERRED UNDER THIS STREET USE AND RENTAL AGREEMENT; PROVIDING FOR ACCOUNTING AND OTHER INFORMATION; PROVIDING FOR CONDITIONS CONCERNING RENEWAL; PROVIDING FOR CONDITIONS OF TRANSFER OR ASSIGNMENT; PROVIDING AN INDEMNITY CLAUSE; PROVIDING FOR A LOCAL OFFICE; PROVIDING FOR CONSEQUENCES OF AGREEMENT VIOLATIONS; PROVIDING FOR COMPLIANCE WITH EXISTING LAWS; PROVIDING FOR WRITTEN ACCEPTANCE OF THE TERMS OF THIS AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. B.8 ADOPTED RESOLUTION NO. 97-1 16 APPROVING THE 1997- 98 OPERATING AND CAPITAL PROJECT FUND BUDGET OF THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION. B.9 ADOPTED RESOLUTION NO. 97-117 AUTHORIZING THE ELECTION OF WEAVER AND TIDWELL AS AN INDEPENDENT AUDITOR FOR THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION. B.10 ADOPTED RESOLUTION NO. 97-141 AMENDING 97-081, NOMINATING SOUTHWESTERN BELL WIRELESS, INC. AND ADDING DALLAS SMSA LIMITED PARTNERSHIP AS AN ENTERPRISE PROJECT PURSUANT TO CHAPTER 2303, THE TEXAS ENTERPRISE ZONE ACT. D.1 ADOPTED ORDINANCE NO. 2346 REPEALING AND RESCINDING ORDINANCE NO. 1875; ESTABLISHING A CODE OF ETHICS RELATING TO THE DISCLOSURE AND USE OF INFORMATION; ACCEPTING COMPENSATION AND EMPLOYMENT; RELATING TO APPEARANCES BEFORE COUNCIL OR COMMISSIONS; RELATING TO FAIR AND EQUAL TREATMENT; RELATING TO THE PURCHASE OF PROPERTY; RELATING TO CONFLICT OF INTEREST; PROVIDING FOR REMOVAL FROM OFFICE; PROVIDING A SEVERABILITY CLAUSE AND EFFECTIVE DATE. Volume 75, page 106 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, REPEALING AND RESCINDING ORDINANCE NO. 1875 ADOPTING A CODE OF ETHICS; ESTABLISHING A CODE OF ETHICS RELATING TO THE DISCLOSURE AND USE OF INFORMATION; ACCEPTING COMPENSATION AND EMPLOYMENT; RELATING TO APPEARANCES BEFORE COUNCIL, BOARDS OR COMMISSIONS; RELATING TO FAIR AND EQUAL TREATMENT; RELATING TO THE PURCHASE OF PROPERTY; RELATING TO CONFLICT OF INTEREST; PROVIDING FOR REMOVAL FROM OFFICE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. D.2 ADOPTED RESOLUTION NO. 97-129 AUTHORIZING THE FARMERS BRANCH INDUSTRIAL DEVELOPMENT CORPORATION TO CANCEL AND REISSUE LOST BONDS. D.6 ADOPTING RESOLUTION NO. 97-135 REJECTING BIDS AND AUTHORIZING THE RE-BID OF THE MARSH LANE WATER LINE IMPROVEMENTS. Mayor Phelps read Consent Agenda captions for the home audience and home viewers. CA CITY MANAGER REPORTS City Manager Richard Escalante presented an informative report on the status of various projects and activities in the City. Mayor Phelps announced that items C.4, C.S, and C.6 would be heard before items C. 2 and C.3. C.4 PUBLIC HEARING: CONSIDER THE REQUEST OF METROCREST HOSPITAL AUTHORITY FOR SITE PLAN APPROVAL FOR TWO FREE- STANDING SIGNS AND ONE FLAG POLE TO BE LOCATED WITHIN THE RHD MEMORIAL MEDICAL CENTER PROPERTY LOCATED AT THE NORTHEAST CORNER OF WEBB CHAPEL ROAD AND LBJ FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 18 (PD-18) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The Metrocrest Hospital Authority is requesting site plan approval to allow the installation of two illuminated free-standing signs and one flag pole on the Medical Center property on behalf of the American Volume 75, page 107 Red Cross, a tenant of the Plaza One building. No other improvements or changes are proposed on the site plan. The proposed flag pole will be placed west of the Plaza One building, approximately 85 feet from Webb Chapel Road. The flag is 24 square feet in area and will only display the Red Cross symbol. No lighting is proposed for the flag. One proposed sign will be erected on the south side of the campus, west of the Plaza II building. The sign will be setback approximately 66 feet from the LBJ Freeway service road. The proposed sign will be triangular shaped, 20 feet tall, and internally illuminated. Each face will be 160 square feet in area. The second sign will replace an existing directional sign currently located along Medical Parkway at the southeast corner of the Plaza I building. The sign will have two internally illuminated faces, each 20 square feet in area. The sign will be 5 feet tall. Both signs will advertise the American Red Cross Blood Donor Center. The property is zoned PD-18 and site plan approval is required before permits may be issued for the installation of the two free-standing signs and flag pole. The Planning and Zoning Commission, by unanimous vote, recommends the site plan for the two proposed illuminated free- standing signs and one flag pole be approved with the condition that no signage or flag pole be placed within any utility easements. Mayor Phelps opened the public hearing. A motion by Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye", to close the public hearing. There being no discussion, a motion by Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye", adopted Resolution No. 97-136 for the site plan for two proposed illuminated free-standing signs and one flag pole be approved with the condition that no signage or flag pole be placed within any utility easements. C.5 PUBLIC HEARING: CONSIDER THE REQUEST OF MARY JO ELLIFF FOR A SPECIFIC USE PERMIT FOR A MASSAGE ESTABLISHMENT TO BE LOCATED AT 13740 MIDWAY ROAD, SUITE 505, AT THE SOUTHEAST CORNER OF MIDWAY ROAD AND SIGMA ROAD AND WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Volume 75, page 108 Mayor Phelps presented the following information for consideration. Ms. Mary Jo Elliff, a Registered Massage Therapist, wants to operate a massage establishment at 13740 Midway Road, Suite 505. Ms. Elliff will provide a variety of therapeutic massage techniques including general massage for injury rehabilitation and the relief management of chronic pain. Ms. Elliff will be the only licensed therapist at this location and all clients will be treated by appointment only, no walk-in service will be available. All clients will be referrals from other clients or patient referrals by doctors and therapists. Proposed signage will be limited to that installed on the entrance door from the interior hallway to the lease space within the building. State law specifically addresses the regulation of massage establishments and massage therapists. It sets forth definitions, establishes licensing procedures, limits use of the term "massage" for advertising purposes exclusively to licensed practitioners, and supersedes any local regulations related to the licensing or regulation of massage therapists. It does not affect zoning requirements for massage establishments. A massage establishment is permitted within the Light Industrial zoning district subject to approval of a specific use permit. The Planning and Zoning Commission, by unanimous vote, recommends the request for a specific use permit to allow a massage establishment at 13740 Midway Road, Suite 505, be granted with the following condition: 1. The massage establishment shall be operated and specifically located in accordance with the submitted site plan. Mayor Phelps opened the public hearing. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," closed the public hearing. There being no further discussion, a motion by Councilman Robbs seconded by Councilman Bird, adopted the following captioned Ordinance No. 2345 as recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR A Volume 75, page 109 MASSAGE ESTABLISHMENT LOCATED AT 13740 MIDWAY ROAD, SUITE 505 AND WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.6 PUBLIC HEARING: CONSIDER THE REQUEST OF BRENDA N. MCDONALD, ON BEHALF OF THE HUNTINGTON COVE APARTMENTS, LOCATED AT 14802 ENTERPRISE AT THE NORTHEAST CORNER OF ENTERPRISE DRIVE AND OAKBROOK PARKWAY, TO AMEND THE PLANNED DEVELOPMENT NUMBER 21 (PD-21) ZONING DISTRICT SUCH THAT THE EXISTING DEVELOPMENT WILL BE IN COMPLIANCE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The subject property is a 5.4 acre tract occupied by the 100 unit Huntington Cove Apartment development located at the northeast corner of Enterprise Drive and Oakbrook Parkway. A site plan for the development was approved in 1980. The development has existed and been occupied for about 15 years. It was recently determined that the existing development does not comply with zoning standards relative to density, parking and building setbacks. The applicant is requesting amendment of PD-21 such that the existing Huntington Cove Apartments development be deemed to be in compliance. If the request is granted, the property owner will be able to secure refinancing for maintenance and upkeep of the property. No changes in uses or the physical configuration of the existing development are proposed. The Planning and Zoning Commission, by unanimous vote, recommends that the PD-21 zoning district be amended such that the existing development is deemed to be in compliance. A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted the following captioned Ordinance No. 2348 which declares the existing development at 14802 Enterprise is legal and valid as recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE PLANNED DEVELOPMENT NUMBER 21 (PD- Volume 75, page 110 21) ZONING DISTRICT, AS HERETOFORE AMENDED, SUCH THAT THE EXISTING MULTI-FAMILY DEVELOPMENT LOCATED AT 14802 ENTERPRISE DRIVE, A 5.4 ACRE TRACT OF LAND LOCATED AT THE NORTHEAST CORNER OF ENTERPRISE DRIVE AND OAKBROOK PARKWAY, IS DECLARED TO BE A LEGAL AND VALID DEVELOPMENT; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF BLUE LAKE PARTNERS, LTD., TO CHANGE THE ZONING CLASSIFICATION OF TWO TRACTS OF LAND TOTALING 8.8 ACRES IN AREA, ONE TRACT LOCATED AT THE NORTHEAST CORNER OF ALPHA LINK ROAD AND VALLEY VIEW LANE AND CURRENTLY ZONED PD-1, AND HE SECOND TRACT LOCATED AT THE NORTHWEST CORNER OF ALPHA LINK ROAD AND VALLEY VIEW LANE, CURRENTLY ZONED PD-20, TO A PLANNED DEVELOPMENT ALLOWING OFFICE AND RELATED USES AND ESTABLISHING NEW DEVELOPMENT STANDARDS AND TAKE APPROPRIATE ACTION. This public hearing is continued from the August 18, 1997 City Council meeting. Mayor Phelps presented the following information for consideration. The original request included two tracts of land totaling about 8.8 acres in area located on the north side of Valley View Lane and southeast of Alpha Road; Tract One, a 5.3 acre tract currently zoned PD-1 for office and light industrial uses, and Tract Two, a 3.5 acre tract currently zoned PD-20 for college and single family uses. The zoning on both properties is proposed to be changed to a new Planned Development designation allowing office and related uses such as day care, print shop, sandwich shop, barber and beauty shop and optical shop. Light industrial uses would be eliminated. In response to concerns voiced by residents and property owners in the nearby neighborhood, the applicant has modified his request to include less land. Tract One remains unchanged but Tract Two would be reduced to approximately two 121 acres in area. Tract Two includes the existing Alpha Link roadway. Volume 75, page 111 Approximately 2.67 acres located at the confluence of Alpha Road and Valley View Lane would remain and would not be included for rezoning under the revised proposal. Based on the information currently available it is Staff's view that the revised zoning proposal would be compatible with all surrounding development and present no negative impact to the nearby residential neighborhood. The Planning and Zoning Commission, by unanimous vote, recommended approval of the original zoning request. The Commission did not have an opportunity to formulate a recommendation regarding the revised zoning proposal. Should Council determine that the revised zoning proposal is appropriate for both tracts, Staff recommends the request be granted. If Council determines the revised zoning proposal is not appropriate for both tracts, Staff recommends that the current zoning of Tract One be changed in accordance with the proposed zoning. This action would remove potentially incompatible uses currently allowed by right under PD-1 standards. Mayor Phelps continued the public hearing from the August 18, 1997 City Council meeting. Mr. Murl Richardson, Granite Properties, 4099 McEwen, Suite 370, gave a description of the project. He stated the primary conclusion after meeting the neighbors on two separate occasions was the maintenance of Holiday Park. Mr. Richardson stated there were parking studies done to determine how far east Granite Properties can move their property line and still maintain the parking standard for the facility and increase the park size to its maximum capability. Mr. Richardson stated the proposed plan does eliminate the day care facility because there would not be enough land to accommodate both the day care and the amount of parking that is intended for that use. Mr. Richardson stated the encroachment of the park was the primary issue of the homeowners. He stated the City and staff did an excellent job on developing a plan for the 2.6 acres that will remain as Holiday Park. Volume 75, page 112 Mr. Richardson stated Holiday Park is a passive park but it has a visual benefit to the neighborhood. It creates a nice front door to the City of Farmers Branch. Mr. Richardson stated in an effort to see the park fully developed and ensure its use for the neighborhood, Granite Properties will be contributing an additional $36,000 to the improvement of the park. He stated from the beginning they have wanted the area improved as a formal park as opposed to something that was less formal. Mr. Richardson stated they have evolved from a 8.8 acre site down to approximately 7.6 acres. He stated Granite Properties would purchase 2.29 acres from the City to allow the project to go forward. Mr. Richardson stated there would be a reduction in the size of Tract Two from the zoning stand point. He stated the balance of the use restriction and ordinance would stay the same. He stated they would need to modify their site plan at a subsequent hearing to establish boundaries. Mr. Richardson stated with the modifications that were made after meeting with the homeowners, and after positive feedback, he hopes this project will go forward. He stated he would be available to answer any questions. Mayor Phelps asked staff to explain the project concerning the park. He stated this item was discussed in Study Session and stated there are no definite plans, but there are plans to make it a beautiful place. Mr. Michael Spicer, Planning Director, stated the remaining right-of- way to be improved as a park area would entail about 2.67 acres. Mr. Spicer described to the Council and the audience the project and the park. He explained the meandering sidewalk, the existing drainage channel and its focus, and the proposed landscaping for the park. Mr. Escalante stated the development plans have been changed to link the sidewalks and perimeter of the park area to allow parking on the Granite property. Mrs. Barbara Rosenthal, 4050 Crestpark, stated this plan is an improvement to the original plan but it does not address the traffic problems. She stated with the police department's expansion it will create cut through on Crestpark. She stated there is no need for an office building due to plenty of land on Midway Road. Mrs. Rosenthal felt the developer should leave the neighborhood areas alone. Volume 75, page 113 Mrs. Rosenthal asked the Council if the City really needed the money for this project or should the neighborhoods be preserved. Mr. John Oechsner, 2450 Valley View Lane, stated he wanted to address property and tax appraisal values. Mr. Oechsner suggested if the park were to be used for commercial uses it should go through a tax roll back and the city should pay taxes due to roll back of exemptions. Mr. Oechsner stated there is a tax abatement on the proposed project in which they will pay no taxes for a number of years. He stated there is going to be lots of money spent on a park which the small businesses in the old part of town will have to pay for again. Mr. Oechsner stated he would like to extend an invitation to all business investors to come back to the real downtown of Farmers Branch. Mrs. Carol Dingman, 13223 Glad Acres Drive, stated she was a member of the City Council when this development came before the Council in the 1980s. She stated a site plan for a fourteen story office building and parking, containing 327,000 square feet was approved with the neighborhood approval. Mrs. Dingman stated Granite Properties is proposing a 300,000 square foot building on a five acre site but will need to acquire additional city owned property to fulfill its parking requirements. She stated she is not opposed to the proposed building, she is opposed to the selling of a portion of the park to the developer. Mrs. Dingman stated Holiday Park serves as a buffer zone between the mass commercial area and the beginning of the residential area of Farmers Branch, specifically the Crestpark area. She stated the park is a glorious entrance to Farmers Branch at Christmas and in spring. Mrs. Dingman expressed her concerns as to why the city was selling a portion of the city's park to Granite Properties. Mrs. Dingman stated she feels the City Council needs to be protective of neighborhoods or they will decline. She stated selling Holiday Park at any price is a bad idea for the city as well as for the neighborhood. Mrs. Dingman stated as City elected officials they need to do a good thing and tell Granite Properties to build its proposed development on the property it already owns. Volume 75, page 114 Mr. Stan Armstrong, 4014 Kerr Circle, quoted "Metrocrest News," articles about the entrance way. Mr. Armstrong thanked Mr. Escalante and his staff for meeting with the residents but feels it was a little too late. He asked that residents be notified earlier should there be another meeting. Mr. Armstrong stated the Council has a tough job tonight. He stated with all the opposition and with all residents in the audience the Council should vote no to rezoning, to the removal of Alpha Link, and the sale of the park. Mrs. Katie Roberts, 13240 Kerr Trail, stated she is concerned about her community. Mrs. Roberts read a letter she sent to the Mayor and City Council stating her concerns about the Kerr community, proposed office tower, Alpha Link, and the selling of a portion of the City's park land. Mayor Phelps stated he wanted the audience to be aware that a fourteen story office building could be built now. He stated the proposed office building is smaller than the one originally approved. Mr. Jim Manning, 3712 Clubway, thanked the Council for allowing the residents to speak. He is not opposed to the proposed office tower or the sale of a portion of the park as long as east of the gutter is left alone. Mr. Manning stated his recommendation is to approve the plan, sell part of the park, and rezone from residential to commercial. Mr. Manning stated a change in the master plan should include the triangle in which he resides so they will eventually be able to sell their property for commercial development. He stated the price should be compatible to land sold on Midway Road. Mr. Manning stated there seems to be an appearance of impropriety. He asked why the City is selling park land to a commercial organization for $2.50 a square foot. He commented the city is buying property at a higher price to widen Midway. Mr. Manning stated he feels the taxpayers should be informed of the monies the city receives for the sale of park property and also the monies the city is paying for property to widen Midway Road and any other property the city purchases. Volume 75, page 115 Mr. Don Wojcik, 131 16 Rosser Road, stated he is opposed to the rezoning, giving up Alpha Link, and giving up the greenbelt. He stated if the City Council does rezone the area, he feels the city should rezone the Crestpark area so residents can sell their property at a reasonable rate. Mr. Lonzo Roberts, 12810 Pennystone, stated he has lived at this address since 1965. He stated years ago there was discussion on rezoning the residential area and the Council at that time stated no rezoning would occur because the City wants Farmers Branch to be residential. Mr. Roberts stated if the City of Farmers Branch, the Mayor and City Council feel this project is a plus for Farmers Branch, he feels the Council owes the homeowners. He stated the Council should direct their attention to the homeowners and rezone at the same time or set a long range plan and rezone for commercial. Mr. Robert reiterated that he feels the Council owes the property owners. Mr. John Dodd, 12920 Mitchwin Road, stated citizens who were developers need to stop, look, and listen and do not get swayed by greed. Mr. Dodd stated the City is in a park not a parking lot. He stated there are areas in the City that need to be preserved. Mr. Dodd stated there is a great tradition in Farmers Branch of looking after the residents, businesses and greenbelts. He urged the Council to keep citizens first and say no to commercial development. Mrs. Ruth Alhilali, 2901 N. Sunback Circle, asked why Farmers Branch Creek is out of control. She stated homeowners in her area will make a presentation on erosion problems at the September 22, 1997 City Council meeting. Ms. Alhilali stated the proposed development will increase water run- off. She also stated she is opposed to the development of Holiday Park for commercial development. Ms. Alhilali stated the traffic problem, the scale of the project, and erosion problems will lower property values. She stated protection and preservation of city property should be top priority. Dr. Diana Mae Sims, 4017 Kerr Circle, stated after reading articles in the Metrocrest News on Friday, September 5, 1997, about the renaissance plan for an area in Farmers Branch. She feels spending Volume 75, page 116 tax dollars to upgrade a neighborhood while her neighborhood is being degraded and devalued is inconceivable. Dr. Sims asked why the City would promote a development which will turn her neighborhood into an area like the area the City is trying to redevelop. Dr. Sims stated Holiday Park is a natural buffer of the area against commercial businesses. She stated Alpha Link is the only way to go north without proceeding to a busy intersection. Dr. Sims stated there should be a nice entrance to the southeast corner of Farmers Branch. Dr. Sims asked the Council how much money the City received for Alpha Link. She stated it had never been mentioned or is Alpha Link being given to the developer. Dr. Sims asked why the City does not perform the beautification developments to Holiday Park as described by Mr. Spicer. Mrs. Jeanne Ann Macejko, 4021 Kerr Circle, stated after receiving many phone calls in object to this project, residents are wondering "who is paying whom." Mrs. Macejko stated the plan does not make sense and why is the City selling park land. Mrs. Macejko stated she has seen three plans and she feels the third plan is the best. She stated she does not object to the building if they owned the land it sits on. Her objection is the land has been held in public trust by the City for 15 years and has been promoted as a park and accepted as a park. Mrs. Macejko stated she thinks for the City to sell public land for private use and private profit is a violation of public trust. She stated a public referendum should be called to see if public land should be sold. Mrs. Macejko also stated it was a violation of the City's Comprehensive Plan which designates it as open land. She stated it is hard to credit the City for giving residents a tax rebate when it is desperate for money that it needs to use Chapter 380 to justify this fact. Mrs. Macejko explained the developers stated they make their home in Farmers Branch. She stated they make their money in Farmers Branch and the residents make their home in Farmers Branch. Volume 75, page 117 Mrs. Betty Supinski, 13232 Kerr Trail, stated she has lived in home for 20 years. She thanked the Mayor, Council, and City staff for all their hard work. Mrs. Supinski stated leaflets, brochures, and maps list this land as park. She explained the City has told her this land is "excess right-of- way." She stated she resents the City for promoting the land as a park in newcomer packets. Mrs. Supinski stated the City Charter denotes one of the duties of the City Council is to list parks on a City map. She asked if this is not a park, why is it printed as a park. She stated after reviewing City documents, she sees nothing of excess right-of-way. She asked where it come from. Mrs. Supinski stated Mr. Richardson was delightful and the plans on the park are beautiful but the residents still do not have Alpha Link. Mrs. Supinski presented the Council with fliers that were taken door to door in her neighborhood. She stated the residents objected to not being notified so they could be a part of the decision. She feels the Comprehensive Plan bans residents from going commercial. There being no further discussion, a motion by Mayor Pro Tern Davis, seconded by Councilman Moses, all voting "aye," closed the public hearing. Councilman Bird commented three weeks ago this project was presented to the Council and he felt it was a great project for Farmers Branch. He stated the Council heard from residents and appreciates their concerns but does not appreciate legal threats or accusations of who is paying whom. Councilman Bird stated he hopes he just misunderstood certain dialogue. Councilman Bird stated the residents have spoken and Granite Properties has done as much as they can to satisfy residents and the whole City. He stated he must ask himself if he had know all the facts, such as the park not being totally dedicated, if it would of gone further. Councilman Bird stated Farmers Branch is a safe haven, it has the best police department, fire department, city manager and city staff. Volume 75, page 118 Councilman Bird stated after hearing all the facts he cannot support the rezoning. Councilman Bird asked what would happen to the project if there is no sale of the park. Mr. Escalante stated the agreement is structured that if there is not a zone change there will not be a closing on the property. Councilman Moses asked Mr. Murawski to explain the run off water when the proposed development is paved. Mr. Jerry Murawski, City Engineer, stated the City does not have, except for the Mobil tract, any detention requirements. Mr. Murawski stated he has not performed any calculations; however, the new office site is rock, consequently most of the storm water runs off when it rains. He stated the proposed development should not yield much change in the storm water run off. Councilman Bird made a motion to deny the adoption of Ordinance No. 2340. The motion died for lack of a second. A motion by Councilman Robbs, seconded by Councilman Moses, adopt Ordinance 2340 as revised to reflect the proposed reduction in acreage and the commensurate reduction in Maximum Building Floor Area. Mayor Phelps asked Councilman Robbs to please restate his motion. A motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," except for Councilman Bird, voting "nay," adopted Ordinance 2340 as revised to reflect the whole acreage involved including the improvement on Holiday Park and the potential dedication of that area to a park to satisfy the residents in the vicinity. Mayor Phelps called for a five minute recess. Councilman Robbs stated he would like to make a motion to reconsider the vote on agenda item C.2, seconded by Councilman Moses, all voting "aye." Councilman Robbs made a motion to reconsider item C.2 and postpone item C.3 until the September 22, 1997 City Council meeting, seconded by Councilman Moses, with all voting "aye." Volume 75, page 119 Mr. Dodd asked for clarification on the motion and asked if there would be another public hearing. City Attorney John Boyle, stated there has already been a public hearing and the only way to have another public hearing is to re- advertise. He stated both items will be back before the Council meeting of September 22, 1997, and there are a number of legal issues that have arisen that need to be analyzed prior to that date. Mr. Dodd stated the public hearing has been closed by the Council. Mayor Phelps stated residents will be welcome to make their comments. Mr. Manning stated this action should of happened done when in the audience was in attendance. Mr. Manning stated this is unfair to the residents of Farmers Branch when the Council makes a motion, then takes a recess, returns and makes another motion when most of the audience is gone. Mayor Phelps stated he did try and call the audience back to hear item C.3. Mr. Escalante stated when the vote was taken and Mayor Phelps indicated we take a recess, the Council then realized the audience thought the entire issue had been addressed. Mr. Escalante stated he attempted to get the public's attention to return to the Council Chambers so they could hear item C.3. Mr. Escalante stated the vote that was taken relative to the zoning, regarding Tract I was desirable, it removed light industrial uses, which was not appropriate for the area. He stated the city attorney will be looking at what the ramifications are, specifically related to the second action of the site plan which has received a lot of attention. He stated rather than making a decision tonight the attorney needs more time to look at various issues, so the reconsideration of the zoning issue has been delayed. Mr. Escalante stated again that items C.2 and C.3 would be before the Council at the September 22, 1997, City Council meeting and he apologized for the confusion. He also stated residents will be able to comment on these issues. Volume 75, page 120 Mr. Manning stated the attorney had the information in front of him and if he had questions he should have presented them to the Council before the vote was taken. He asked how issues could come up within five minutes. Mr. Manning suggest all the residents in the Crestpark area receive a letter explaining what transpired this evening. He stated to have trust and confidence in the City Council the letter must be sent out explaining the items that will be reconsidered. Mr. Paul Heller, 13806 Wooded Creek Drive, wanted clarification on item C.3, he wanted to know if it was a public hearing. Mayor Phelps explained that item C.3 is not a public hearing. Mr. Richardson stated he would like Mr. Escalante to recount what happened tonight and the actions that were taken for the record. Mr. Escalante stated there was a motion to approve the zoning on Tract I and Tract II; a motion to recess, a motion to reconsider item C.2 and postpone item C.3. Mr. Escalante stated he felt it appropriate to postpone so the city attorney could review this item and get back to City Council and the public at the September 22, 1997, meeting. Mr. Richardson stated he appreciates the informality the Council uses in allowing individuals to speak on this issue. He stated the public hearing is closed and would like for the Council to address these issues with the city attorney. He also stated he would like to address these with the city attorney and hopefully be back before the Council on September 22, 1997. Mr. Armstrong stated he knows the public hearing is closed but as a tax payer he would also like to address these issues with the city attorney as well as the developers. Mr. Armstrong asked if there are any changes to the request will the public hearing be reopened. Mr. Boyle stated to reopen the public hearing it would be necessary to re-advertise. Mr. Armstrong asked if there are changes would the City need to re- advertise. Volume 75, page 121 Mr. Boyle stated again that the public hearing has been closed and all material has already been presented. Mr. Boyle explained if there are any changes in the case itself presented by the applicant then it would be necessary to re-advertise. Mr. Armstrong stated there are legal issues before the Council that need to be checked on. He stated these issue could have ramifications in some form. Mr. Boyle stated he would advice the Council what there legal position is. Mr. Armstrong asked if residents would have knowledge of that information at the time. Mr. Boyle stated depending if the information concerns litigation, it would not be made public. Mr. Armstrong asked as a taxpayer and resident what his rights are concerning the business of the City. He stated if there are any legal issues that affect this property, he is asking that residents be notified. Mr. Boyle stated the City Council does not have the ability to make any decisions except those made in public which are made a part of the public record. Mr. Paul Rosenthal, 3040 Crestpark Drive, stated he has lived at his residence for 29 years. He was confused because the Council had a public hearing in which a Resolution was passed. Now they want to reconsider without a public hearing. He stated the item was passed, then it was not passed, and now it is open for discussion, and only to be discussed by the City Council. Mayor Phelps stated discussion will be at the next Study Session and Open Session for reconsideration. Mr. Rosenthal asked if it would be a public hearing. Mayor Phelps stated it is not a public hearing. Mr. Escalante stated for clarification there are procedures for advertising a public hearing. He stated Mayor Phelps indicated there will not be a formal public hearing but citizens will be allowed to speak before the Council votes. Volume 75, page 122 Mayor Phelps explained the public hearing process is a legal hearing that is advertised and anyone can speak. Mrs. Macjko stated she would like to be informed and be invited to attend the Study Session meeting where this issue will be discussed. She also stated she would let her neighbors know. Mr. Manning asked if item C.3 was voted on. Mr. Boyle stated it was not voted on. Mr. Manning stated it was everyone's understanding this item was voted on. He stated Mr. Richardson implied in his presentation that it was voted on. Mr. Boyle stated the Council voted on the ordinance on item C.2, not item C.3 which is the site plan. Mayor Phelps stated item C.3 was never mentioned or had never been read. He explained that item C.2 was the only item discussed. Mayor Phelps stated he took exception to individuals accusing the Council of being dishonest or trying to put something over on the people. He stated he personally resents it. Mr. Michael Dardic, Granite Properties, 4099 McEwen, asked for clarification on the motion. He stated there was a motion for item C.2, which was approved by 3-1 vote by the Council; and item C.3 related to item C.2 but was not voted on. Mr. Dardic asked if both will be back before the Council on September 22, 1997. Mr. Boyle replied this was correct. Mr. Howard commented the Council voted on item C.2 and not C.3. So will item C.3 be considered for the first time at the September 22, 1997 Council meeting. Mayor Phelps replied yes. Dr. Sims stated she would like clarification if individuals could speak at the next Council meeting on item C.3. Mayor Phelps replied yes the public was welcomed to speak on item C.3. Volume 75, page 123 Mr. Armstrong stated there was a vote to close the public hearing on item C.2 but C.3 was not mentioned. He stated he did not hear a motion to close the public hearing on item C.3 and is it still open. Mayor Phelps explained that item C.3 was not a public hearing. C.3 CONSIDER THE REQUEST OF BLUE LAKE PARTNERS, LTD., FOR SITE PLAN APPROVAL OF A HI-RISE OFFICE DEVELOPMENT AND ONE- STORY DAYCARE CENTER LOCATED AT THE NORTHEAST CORNER OF ALPHA ROAD AND VALLEY VIEW LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 76 AND TAKE APPROPRIATE ACTION. Consideration of this item is continued from the August 18, 1997 City Council meeting. This item was continued to September 22, 1997 City Council meeting by a motion made on Agenda Item C.2. C.7 PUBLIC HEARING: 1997-98 OPERATING AND CAPITAL BUDGET. Mayor Phelps presented the following information for consideration. A public hearing is being held to consider the 1997-98 operating and capital budget. The proposed budget was filed with the City Secretary on July 14, 1997 and copies of the proposed budget were made available for public inspection at the Farmers Branch Manske Library. An open work session of the City Council was held on August 4, 1997 to discuss the budget. Mayor Phelps opened the public hearing. Mr. Paul Howard stated he was interested in the budget and asked what the Council liked best about the budget. Mayor Phelps state a copy of the budget is at the library for review. Mayor Phelps stated the City has to advertise this public hearing, hear comments from citizens, close the public hearing and vote at the next City Council meeting. Mr. Howard asked what is the budget like. Mayor Pro Tern Davis stated the City is not raising taxes. Volume 75, page 124 There being no further discussion, a motion by Councilman Bird, seconded by Mayor Pro Tern Davis, all voting "aye," closed the public hearing. C.8 PUBLIC HEARING: MAINTAIN A 44 CENT PROPERTY TAX RATE. Mayor Phelps presented the following information for consideration. A public hearing is being held to consider maintaining a 44 cent ad valorem tax rate for the 1997-98 fiscal year. In complying with the State Property Tax Code, City Council passed a motion during the August 18, 1997 City Council meeting to maintain a 44 cent ad valorem tax rate, set a public hearing date, and schedule adoption of the tax rate on September 22, 1997. Mayor Phelps opened the hearing. A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," closed the public hearing. C.9 CONSIDER ADOPTING ORDINANCE NO. 2334 APPROVING THE 1997 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Ordinance No. 2334 approves the tax roll certified by the Dallas Central Appraisal District. The certified tax roll sets forth the taxable value, after qualified exemptions, for residential and commercial real property and business personal property in the City of Farmers Branch at $3,054,061,709 (three billion fifty-four million sixty-one thousand seven hundred nine). The taxable value after tax abatements is $2,975,470,501 (two billion nine hundred seventy five million four hundred seventy thousand five hundred one). Staff recommends the adoption of Ordinance No. 2334 approving the tax roll certified by the Dallas Central Appraisal District. There being no comments, a motion by Councilman Moses, seconded by Mayor Pro Tern Davis, all voting "aye," adopted the following captioned Ordinance No. 2334 approving the tax roll certified by the Dallas Central Appraisal District. AN ORDINANCE TO APPROVE THE 1997 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT. Volume 75, page 125 C.10 CONSIDER ADOPTING ORDINANCE NO. 2336 ESTABLISHING WATER RATE CHARGES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The 1997-98 budget includes an increase of two percent in water rates and four percent in sewer rates. Ordinance No. 2336 increases water rate charges by two percent. The following agenda item, Ordinance No. 2337, increases sewer service rates by four percent. Both ordinances will be effective on October 1, 1997. The monthly utility bill of an average residential customer with 10,000 gallons water consumption, considering both the water and sewer rate charge, will increase from $43.83 to $45.05 or $1.22 per month. The costs for purchased water and wastewater treatment are expected to increase by two and four percent respectively. Staff recommends the adoption of Ordinance No. 2336 establishing water rate charges. There being no comments, a motion by Councilman Robbs, seconded by Councilman Bird, all voting "aye," adopted the following captioned Ordinance No. 2336 establishing water rate charges. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, REPEALING ORDINANCE NO. 2278, SETTING FORTH THE MONTHLY RATES OR CHARGES FOR SERVICES FURNISHED BY THE WATER WORKS SYSTEM OF THE CITY FOR VARIOUS TYPES OF RESIDENTIAL DWELLINGS, BUSINESSES OR COMMERCIAL ESTABLISHMENTS, OR COMBINATION THEREOF WHEN SUCH COMBINED UNITS ARE TO BE CHARGED SEPARATELY FOR SERVICE; AND PROVIDING FOR PENALTY CHARGES FOR LATE PAYMENT, AND SETTING DEPOSIT REQUIREMENTS, AND PROVIDING THAT ALL PORTIONS OF OTHER ORDINANCES NOT IN CONFLICT WITH THIS ORDINANCE SHALL REMAIN IN FULL FORCE AND EFFECT. MAYOR PHELPS STATED THE CITY BUYS WATER FROM DALLAS, THEY ARE CHARGING MORE, AND FARMERS BRANCH PASSES THE COST ONTO THE RESIDENTS. Volume 75, page 126 C.11 CONSIDER ADOPTING ORDINANCE NO. 2337 ESTABLISHING SANITARY SEWER RATE CHARGES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Ordinance No. 2336, previously considered, increases water rates. Ordinance No. 2337 increases sanitary sewer service rates by four percent. As in the past, no sewer charges are assessed for residential water consumption in excess of 10,000 gallons per month. Staff recommends the adoption of Ordinance No. 2237 establishing sanitary sewer rate charges. There being no comments, a motion by Councilman Bird, seconded by Mayor Pro Tern Davis, all voting "aye," adopted the following captioned Ordinance No. 2237 establishing sanitary sewer rate charges. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, REPEALING ORDINANCE NO. 2279, AND SETTING FORTH THE MONTHLY RATES OR CHARGES FOR SERVICES FURNISHED BY THE SANITARY SEWER SYSTEM; PROVIDING THAT ALL PORTIONS OF OTHER ORDINANCES NOT IN CONFLICT WITH THIS ORDINANCE SHALL REMAIN IN FULL FORCE AND EFFECT. D.1 CONSENT. D.2 CONSENT. D.3 CONSIDER ADOPTING RESOLUTION NO. 97-1 19 AWARDING BIDS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR EMPLOYEE BENEFITS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The City offers an employee benefit plan with various benefit options. The plan provides core benefits including: Major Medical, Life and Accidental Death and Dismemberment, Long Term Disability, and optional additional benefit coverage. Contracts for the employee benefit package expire on September 30, 1997. Forty-four bids were received and opened on June 12, 1997. Volume 75, page 127 Staff recommends NYLCARE Health Plans for the medical and Dental Insurance, Fortis benefits for the Basic Term Life and Voluntary Life Insurance, Zurich American for the Basic Accidental Death and Dismemberment Insurance. Life Re is recommended for the Cafeteria Plan Administration. Staff recommends Group Life & Health/Blue Cross for the Long Term Disability. One bid for vision insurance coverage was received on a stand-alone basis, and three bids for vision insurance were included as a part of bids for other coverages. Staff recommends rejecting all vision insurance bids and rebidding vision benefits. All recommended contracts meet or exceed current benefit levels. The budgeted amount in the proposed 1997-1998 budget is $1,489,500. The Personnel Director recommends adopting Resolution No. 97-1 19 authorizing the City Manager to enter into contracts for employee benefits and rejecting bids for vision benefits. Mr. Howard asked if the $1.48 million covers how many employees and will the estimated expenditure for this is slightly less than prior years? Mr. Escalante replied it covers 417 employees and partial dependent coverage. Mrs. Janet Goad, Personnel Director, stated the city does anticipate expenditures for insurance to be slightly less than prior years. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 97-1 19 authorizing the City Manager to enter into contracts awarding employee benefits and rejecting bids for vision benefits. D.4 CONSIDER ADOPTING RESOLUTION NO. 97-138 AWARDING THE BID FOR STREET MARKING INSTALLATIONS AT VARIOUS LOCATIONS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The Public Works Department maintains existing street markings and installs new markings as they are needed, To supplement in-house operations, Public Work administers an annual street marking contract which is divided into three categories, buttons, tape and thermo-plastic paint. Volume 75, page 128 Bids were mailed to six vendors. Three bids were received and all bids met specifications. A.S.C. Marking, Inc. submitted the lowest bid for all categories. All items were bid on a unit price basis with estimated quantities in each category. Staff recommends awarding the bid for street markings to A.S.C. Marking, Inc. for all three categories in the amount not to exceed $ 50,000.00. Funds in the amount of $50,000.00 are available in the Public Works budget. The Director of Public Works recommends adopting Resolution No. 97- 138 awarding the bid for street marking installation to A.S.C. Marking, Inc. on a unit price basis for a total not to exceed $50,000.00. There being no discussion, a motion by Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 97-138 awarding the bid for street marking installation to A.S.C. Marking, Inc. on a unit price basis for a total not to exceed $50,000.00. D.5 CONSIDER ADOPTING RESOLUTION 97-137 AWARDING THE BID FOR MARSH LANE AND WEBB CHAPEL ROAD RIGHT-OF-WAY ENHANCEMENTS FOR THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Landscape enhancements for the west right-of-way of Marsh Lane from Brookhaven Club Drive to Tanglewood Drive and the east right- of-way of Webb Chapel Road from Rawhide Parkway to Southern Pines Road is scheduled to begin in October of 1997. Both of the enhancements include a hedge of Nellie R. Stevens holly accented with red tip photenias and hardy red oleander. The Marsh Lane right- of-way will also include fifteen pocket plantings of ornamental grasses, antique roses, and crape myrtles accented with seasonal color. Fifteen bid requests were sent out and three bids were received and opened on August 25, 1997. All bids received met specifications. The bid was broken down into a base bid and one add alternate. The base bid is for the irrigation, all the plants, pocket planting bed preparation, and tilling of shrub beds. The add alternate is for an additional four inches of organic matter to be tilled into the shrub beds. The low bidder is Hawkins Nursery and Landscape Co., Inc. with a base bid of $126,346.20 and an add alternate of $30,570.70 Volume 75, page 129 for a total of $156,916.90. The 1996-1997 mid year budget includes $200,000 in the Non-Departmental Dividend Program Projects for this project. The proposed improvements include irrigation and plantings that will provide both screening and aesthetic interest year-round. The Parks and Recreation Department Director recommends adopting Resolution No. 97-137 awarding the bid for Marsh Lane and Webb Chapel Road right-of-way enhancements to Hawkins Nursery and Landscape Co., Inc. with a base bid of $126,346.20 and an add alternate of $30,570.70 for a total amount of $156,916.90. There being no discussion, a motion by Councilman Moses, seconded by Councilman Bird, all voting "aye, adopted Resolution No. 97-137 awarding the bid for Marsh Lane and Webb Chapel Road right-of-way enhancements to Hawkins Nursery and Landscape Co., Inc. with a base bid of $126,346.20 and an add alternate of $30,570.70 for a total amount of $156,916.90. D.6 CONSENT. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND THE APPROPRIATE ACTION. Mr. Escalante stated he attended the TCMA Board meeting, which he is a member, in Conroe, Texas on August 22, 1997. Mr. Escalante also stated he will be attending the ICMA Conference in Vancouver, Canada. D.8 CITIZEN PARTICIPATION. Mrs. Mildred Rogers, 14440 Shoredale, asked the Council to put a curb cut so she can mow across the creek. Mayor Phelps asked where she is asking for a curb cut. Mrs. Rogers, replied on Fyke Road. Mr. Murawski asked if it was at the gate on the east side of the creek. Mayor Phelps stated he would ask Mr. Murawski and Mr. Pavageaux to look in to the matter and get back with the Council. Volume 75, page 130 Mrs. Rogers also asked if the fence is going to come down where the easement was fenced of. Mrs. Rogers stated Councilman Bird visited her and stated the gas meter in the corner of fence was illegal. She stated he implied he would get it down but she then received a letter stating it was legal. Mrs. Rogers stated Councilman Moses also visited her and was amazed that there was land there that he did not know about. She explained Councilman Moses stated he would help her on this issue but she feels now he will not because she brought in the news media on other issues. Mayor Phelps asked whose meter was in the easement. Mrs. Rogers stated it is a gas meter inside the easement that was fenced off. Mayor Phelps stated that Mr. Scales will look into the matter and get back with the council. Mr. Oechsner, 2450 Valley View, stated at one time Reverend Tilton wanted to move his church into the residential area. He stated that approximately 300 residents came before the Council to convince them that Reverend Tilton should keep him church in the commercial area. Mr. Oechsner commented he wondered what the old part of town would look like if Reverend Tilton had moved his church to the residential area. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. STUDY SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:40 P.M. AND CONCLUDED AT 7:20 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 1. DISCUSS APPOINTMENT TO THE ANIMAL SHELTER ADVISORY COMMITTEE. 2. DISCUSS APPOINTMENT OF AN ALTERNATE MUNICIPAL COURT JUDGE. Volume 75, page 131 3. DISCUSS APPOINTMENT TO THE PLANNING AND ZONING COMMISSION. 4. DISCUSS APPOINTMENT TO THE PARKS AND RECRECATION BOARD. 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 IN AREA BOUNDED BY TOM FIELD, EPPS FIELD AND DANNY LANE, AND TAKE APPROPRIATE ACTION. 2. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND HUTTON DRIVE (ALFRED CIRCLE). 3. DISCUSS LAND ACQUISITION OF REAL PROPERTY LOCATED IN OLD FARMERS BRANCH. Assistant City Manager John Burke 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 September 22, 1997 City Council meeting. Mayor Phelps stated the appointment to the Planning and Zoning Commission would be postponed until the September 22, 1997 City Council meeting. Mayor Phelps called for necessary action on personnel matters. Volume 75, page 132 A motion by Councilman Moses, a second by Deputy Mayor Pro Tern Bird, all voting "aye", adopted Resolution No. 97-144 appointing Mike Drewry as Alternate Judge and extending the terms for all judges to expire September 30, 1998. A motion by Mayor Pro Tern Davis, a second by Councilman Robbs, all voting "aye", reappointed Josephine Goodson, Roy Morales, David Martinez, and Jimmy Thompson of the Parks and Recreation Board to serve a term to expire October 1, 1999. 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 Deputy Mayor Pro Tern Bird, a second by Councilman Moses, all voting "aye", approved the purchase of 12725 Bee Street in the amount of $40,500. Mayor Phelps reported City staff updated the City Council on land acquisition in an area bounded by Tom Field, Epps Field, and Danny Lane and the northwest corner of Valley View Lane and Hutton Drive (Alfred Circle). 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. F.1 ADJOURNMENT. A motion by Councilman Moses, a second by Councilman Robbs, all voting "aye", adjourned the City Council meeting of September 8, 1997, at 10:15 p.m.. fMayor S City Secretary Volume 75, page 133