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1997-09-22 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Bob Phelps Calla Davis Charlie Birds Berry Grubbs Bill Moses Jim Robbs 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 Police Chief Jimmy Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux Assistant to the City Manager Margaret Somevere Traffic Engineer Dave Davis Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council Meeting of September 22, 1997 to order at 7:43 P.M. The meeting was televised. Mayor Phelps thanked the citizens and staff for their thoughts, prayers and acts of kindness after the death of his mother. Volume 76, page 1 Mayor Phelps stated Deputy Chief Nolan who was to received a service award tonight was be unable to attend due to an illness in his family A.1 INVOCATION. Dr. Jean LaBarr, pastor of Christ United Methodist Church gave the invocation and Mayor Pro Tern Davis led the pledge of allegiance to the flag. A.2 PRESENTATION OF MAYOR'S CUP TO THE CITY OF FARMERS BRANCH BY THE CARROLLTON-FARMERS BRANCH BOYS AND GIRLS CLUB. Ms. Nancy Harrington with the Carrollton/Farmers Branch Boys and Girls Club presented the Mayor's Cup to the Mayor and City Council for winning the competition on September 13, 1997. Ms. Harrington also presented Texx Stewart with the first Volunteer of the Month award for his volunteerism at the Boys and Girls Club. A.3 RECOGNIZE BRIGHT TRUCK LEASING FOR DONATING THE USE OF A REFRIGERATED TRUCK DURING THE FARMERS BRANCH YOUTH ICE CREAM GIVE AWAY. Mayor Phelps presented a plaque to Russell Sawyer, Office Manager of Bright Truck Leasing, for donating the use of a refrigerated truck during the Farmers Branch Youth Ice Cream Give Away on August 9, 1997. A.4 CONSIDER ACCEPTING A DONATION FROM KUBOTA TRACTOR CORPORATION OF A F60-SERIES, DIESEL FRONT MOWER TO THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Kubota Tractor Corporation is celebrating its twenty-fifth anniversary in the United States. As part of the anniversary celebration Kubota Tractor is donating a F60-Series diesel front mower to communities with Kubota divisional facilities including Farmers Branch. The Central Division Headquarters of Kubota Tractor Corporation is located at 13780 Benchmark Drive in Farmers Branch. A motion by Mayor Pro Tern Davis, seconded by Councilman Robbs, all voting "aye," accepted the donation from Kubota Tractor Volume 76, page 2 Corporation of a F60-Series diesel front mower to the Parks and Recreation Department. A.5 PRESENTATION OF CERTIFICATION OF EXCELLENCE AWARD FOR THE CITY'S INVESTMENT POLICY. Mayor Phelps presented the following information for consideration. City staff was recently notified the City received the Certification of Excellence Award for its investment policy. This award is given by the Municipal Treasurers' Association as the highest form of recognition for governmental investment policies. This is the first year the City has received this award. Farmers Branch joins fifteen Texas cities in receiving this award. A.6 PRESENTATION OF SERVICE AWARD. Mr. Mike Nolen of the Farmers Branch Fire Department was not present due to an illness in his family. A.7 PRESENTATION OF BOARD APPLICATIONS. No one came forward. A.8 REPORT ON STUDY SESSION ITEMS. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.2 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," added items D.4, D.5, and D.6 to the Consent Agenda. 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 SEPTEMBER 8, 1997. Volume 76, page 3 B.2 ADOPTED RESOLUTION NUMBER 97-143 RENEWING A CONTRACT WITH TRINITY RIVER AUTHORITY OF TEXAS FOR COLLECTING AND ANALYZING WASTEWATER SAMPLES. D.4 ADOPTED RESOLUTION NO. 97-148 AMENDING THE CITY'S INVESTMENT POLICY. D.5 ADOPTED ORDINANCE NO. 2350 AMENDING RATES FOR COMMERCIAL SOLID WASTE COLLECTION SERVICES, PROVIDING MONTHLY RATES FOR APARTMENT COMPLEXES AND PROVIDING A LATE FEE. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NO. 2288 OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, TEXAS;. PROVIDING MONTHLY RATES FOR FRONT-LOAD, ROLL-OFF AND STATIONARY COMPACTOR SERVICES; PROVIDING MONTHLY RATES FOR APARTMENT COMPLEXES; PROVIDING FOR A LATE FEE; PROVIDING FOR A CONTRACTUAL AGREEMENT; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR AN EFFECTIVE DATE. D.6 ADOPTED RESOLUTION NO. 97-146 AWARDING THE BID FOR THE PURCHASE OF EQUIPMENT FOR THE QUEEN ANNE VICTORIAN COTTAGE KITCHEN OUTBUILDING. Mayor Phelps read the Consent Agenda captions for the home audience and home viewers. Mayor Phelps stated he would appreciate it if the audience did not have interruptions as in the last Council meeting. CA 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 THE REQUEST OF SOUTHWESTERN BELL WIRELESS, INC., TO AMEND AN EXISTING SPECIFIC USE PERMIT FOR A CELLULAR COMMUNICATIONS ANTENNA PREVIOUSLY APPROVED AT A HEIGHT OF 65 FEET TO BE INCREASED TO 75 FEET IN HEIGHT LOCATED AT 13835 WELCH Volume 76, page 4 ROAD, THE SOUTHWEST CORNER OF WELCH ROAD AND SIGMA ROAD AND WITHIN THE LIGHT INDUSTRIAL ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. In 1991, Southwestern Bell Systems obtained a specific use permit for an antenna tower, 65 feet in height, and an associated equipment building located at 13835 Welch Road. Southwestern Bell Wireless, Inc., formerly Southwestern Bell Systems, would like to increase the height of the antenna tower to 75 feet to enable the facility to generate an improved signal to serve increasing demand. The previously approved antenna tower included a 50 foot tall monopole capped with a triangular shaped antenna platform and a 15 foot tall whip antenna. The 15 foot whip antenna was never installed. Southwestern Bell Wireless, Inc., is requesting that its specific use permit be amended to increase the overall height of the antenna tower from 65 feet to 75 feet. The proposed antenna tower will include a monopole, 75 feet tall, capped with the same triangular shaped antenna platform. No whip antennas are proposed. No other changes or improvements are proposed to the existing development. A cellular mobile telephone antenna is a permitted use within the Light Industrial zoning district subject to approval of a specific use permit. The Planning and Zoning Commission, by unanimous vote, recommends the existing specific use permit for a cellular mobile telephone antenna be amended to allow the overall height of the antenna tower to be increased from 65 feet to 75 feet with the condition that the owner shall remove the monopole antenna, equipment building, and all associated appurtenances within ninety (90) days subsequent to such time that the antenna and equipment building become obsolete and the use is abandoned. Mayor Phelps opened the public hearing.. A motion by Councilman Bird, seconded by Mayor Pro Tern Davis, all voting "aye," closed the public hearing. Mr. Skip Ogel, Southwestern Bell Wireless, 15660 Dallas Parkway, stated his request is to increase the antenna height to improve their service in this area of Farmers Branch. He stated he would be available to answer any questions. Volume 76, page 5 There being no discussion, a motion by Councilman Bird, seconded by Mayor Pro Tern Davis, all voting "aye," adopted the following captioned Ordinance No. 2347 and associated site plan. 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 "CELLULAR MOBILE TELEPHONE ANTENNA" SEVENTY-FIVE (75) FEET IN HEIGHT WITHIN THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT AT 13835 WELCH ROAD; REPEALING ORDINANCE NO. 1953; PROVIDING FOR CONDITION OF OPERATION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. C.3 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 THE 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. Consideration of this item was continued from the September 8, 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, including a 5.3 acre tract located on the east side of Alpha Link Road owned by the applicant, and 3.5 acres adjoining to the west, including the existing Alpha Link roadway, owned by the City. At the September 8th meeting, the applicant presented a modified proposal reducing the total area to 7.6 acres, limiting the development to the east side of the drainage channel, contributing to landscaped improvements on the remaining open space, and providing parking for users of the open space. City Council initially passed a motion to Volume 76, page 6 approve the modified zoning proposal but subsequently decided to reconsider that motion at its September 22 meeting. At this time, the City Council has three principal courses of action it could take: 1) Deny the request to change the zoning thereby precluding Council consideration of the site plan (Agenda Item C.03). 2) Approve the rezoning for the property located east of Alpha Link only. This action would also preclude Council consideration of the site plan and would eliminate incompatible industrial, commercial and automotive-related uses allowed under current zoning. 3) Approve this agenda item, thereby approving the modified zoning request as presently proposed. Council would then consider Agenda Item C.04 related to the revised site plan request. Consideration of the site plan is a ministerial act which limits Council's ability to reject a site plan that fully complies with the zoning. Should Council approve the zoning, subsequent approval of the site plan should be in concept only as the developer had not formally submitted a complete site plan package that addressed all the technical aspects of the development (i.e., grading, vehicle turning radii, fire lanes, etc.). The site plan would have to be returned to Council for a final approval at a later date following Staff's full technical review. Council action regarding the abandonment of Alpha Link, approval of a plat, execution of the Developer's Contract, and possible dedication of the remaining open space for park and public purposes would take place at a subsequent meeting as well. 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. Mr. Barry Knight, Attorney for Granite Properties, 5400 Renaissance, gave an overview of the project and asked for an opportunity for a rebuttal. Mr. Jim Manning, 3712 Clubway, stated he would like to set the tone in hopes that everyone gets along and all involved try and work things out. Volume 76, page 7 Mrs. Valerie Hinton, 13316 Belfield, stated she is concerned that the traffic will increase on Valley View. Mayor Phelps asked the audience to please hold their applause. Mr. Tom Macejko, 4021 Kerr Circle, stated he would like for Farmers Branch to continue to be the City in the Park. He stated he would like to see the integrity of Holiday Park intact and keep Alpha Link Road. Mrs. Betty Supinski, 13232 Kerr Trail, stated she would like to present the Council with petitions signed by 161 residents. Mrs. Supinski stated she feels this issue is an invasion of the residential area. She stated she is concerned about the closing of Alpha Link and the traffic problem. Mrs. Supinski stated she does not understand how the City could advertise Holiday Park as a park when it is not a park. Mr. Stan Armstrong, 4014 Kerr Circle, stated he would like to thank Councilman Robbs for withdrawing his motion at the last Council meeting. He stated residents are asking for Council's assistance in this issue. He stated there is no problem with the zoning change on the present property, but does not want Alpha Link closed and wants none of the park sold. Mrs. Jeanne Ann Macejko, 4021 Kerr Circle, stated she would like to see the park saved. She stated if the City believes it is in the best interest of the City to sell the park, then hold a referendum and allow citizens to vote. Mr. Craig Campbell, 2834 Millwood Drive, stated he believes the new development would create more of an erosion problem for Farmers Branch Creek. He stated he would also like to call a referendum on this issue. Mr. John Wellik, 3729 Ridgeoak Way, stated he has lived in Farmers Branch for twelve years and has enjoyed the City and its excellent services. Mr. Wellik stated he supports the plan as presented by developers. Dr. Diana Mae Sims, 4017 Kerr Circle, stated she feels that Council should wait to vote on items C.3 and C.4 until they have voted on Volume 76, page 8 item C.8. She stated she has asked the Council to dedicated the park as Holiday Park. Mr. Perry Litton, 13060 Glenside Drive, stated he has recently moved to Farmers Branch because of the area and the good City government. He stated he finds it difficult to believe all traffic issues have been worked out. Mr. John H. Wells, 13521 Heartside Place, stated he has lived in Farmers Branch since 1967. He stated he is strongly opposed to selling City property and to the proposed high rise. Mr. Devin Rolston, 3530 Longemeade, stated he has lived in Farmers Branch since 1975. He stated his concerns are the selling of public land for private use and the traffic problems. Mr. Knight stated there have been letters of support for this project and they have been submitted to the Council. Mr. Knight stated Granite Properties has reduced the amount of open space for parking to 1.3 acres. He stated Granite has worked in good faith with citizens of Farmers Branch. He stated he believed after a meeting with residents on the Friday before the Council meeting, all were in agreement for this proposed development. Mr. Knight stated it will be Granite Properties corporate headquarters and they would like to move forward and make it a high quality development. Mr. Knight stated Granite would like for the right-of-way open space that is used as Holiday Park to continue to be used as Holiday Park. He stated they would like to have Alpha Link relocated within the project to allow better circulation. Mr. Knight asked the Council to please support Granite Properties and approve this zoning case. Mayor Phelps stated there are two items that keep coming up; the traffic situation and the new building. Mayor Phelps stated in 1984 a fourteen story building was approved. He stated traffic is a moot point because the city would have no control over it. Mayor Phelps stated the more citizens get involved the better it is for the City. He stated he appreciates all the citizens being in the Volume 76, page 9 audience tonight and would like to see all Council meetings this packed. Mr. Escalante stated he has been asked to answer several questions. He stated when the city began to examine this project, it was not based on the desire to sell the right-of-way, it was a case of economic development. Mr. Escalante stated Granite Properties approached the City and asked if the City would consider selling the right-of-way to facilitate construction of a new office building. He stated the City did not contemplate selling the property until approached by Granite. Mr. Escalante stated in terms of economic development the advantages were significant. He stated the City's Class A office occupancy is in excess of 96 percent, with few office vacancies available in the City. Mr. Escalante stated the city has lost major tenants and corporate citizens because there is no new office space. He stated the City saw this as an opportunity to create an office environment for existing businesses and businesses wanting to relocate to Farmers Branch. Mr. Escalante stated by combining City owned right-of-way with Granite's property it presented an opportunity for the City, and for Granite to meet the community's economic development needs, and office needs that the market dictated. Mr. Escalante stated there has been discussion on the sale price of the land. He stated the City has been involved in acquisition of prime land along Midway Road and the sale of this land. He stated market analysis has two different prices attached to them. Mr. Escalante stated the City looked at the economic development advantages of this project. He stated the constructed building would contribute $71,000 in taxes each year as additional revenue coming into the city. Mr. Escalante stated in an approved agreement presented to Council, closing is subject to zoning and site plan approval. He stated the agreement also requires the proposed building be constructed. He stated if Granite did not construct a building in three years, in addition to purchase price, Granite would be required to pay City a penalty of $94,000 or they would also have the option of returning the land to the City at no cost to the City. Volume 76, page 10 Mr. Escalante explained this was an economic development package that was put together to acquire additional office space, create jobs, and expand the City's tax base. Mr. Escalante stated citizens can agree or disagree whether it is appropriate to sell or propose the sell of right-of way. He stated to date, this is how the project developed. Mr. Escalante stated at what point in time is the public involved. He stated he will be presenting to the City Council within 60 days additional options for getting public involvement sooner. Mr. Escalante stated there were many questions to be answered. He asked the City Council which of the many questions would they like for him to address. Councilman Moses asked Mr. Dave Davis, traffic engineer, to clarify the traffic count. Mr. Davis explained in the earlier meetings that were held at City Hall, it was stated there was a mixture of traffic counts conducted in the past. Mr. Davis stated at the meeting it was suggested the City might want to refresh some of the traffic numbers. Mr. Davis stated on September 2, 1997, the City hired a traffic counting consulting firm from Grand Prairie to perform independent traffic counts in Farmers Branch. Mr. Davis gave a summary of the new traffic counts and of the number trips projected to result from the development. He stated if the office building approved in 1984 is built it would create a more serious impact than the proposed development. Mrs. Macejko commented the day the traffic count was taken was the day after Labor Day and Brookhaven College was not in session. Mayor Phelps asked Mr. Davis if that was the day the traffic count was taken. Mr. Davis replied this was correct and it was the only day they could get the traffic count completed. Mr. Manning asked when will the new service road between Midway and Marsh Road off LBJ Freeway be completed. Volume 76, page 11 Mr. Davis stated he has no definite answer. He stated there is no guarantees the frontage road will ever go in. He stated there are no funds for the project and no firm timetable. He speculated maybe in 10 to 20 years from now. Mr. Paul Heller stated there has been reference to the approved 14 story office building. He stated if the developer pursues this type of building it would only have access on Valley View and for this reason he feels they would not build such a building. Mrs. Nancy Scott, 13136 Rosser Road, stated she had a question regarding the traffic count during rush hours. Mr. Davis gave an explanation of traffic during the rush hours. Mayor Phelps stated the City cannot speculate on how many cars will leave the building. Mrs. Supinski stated the only thing that has been addressed this evening is people leaving the building. She stated she feels there will be more traffic than is speculated. Mr. Armstrong stated again he is opposed to the increased traffic the development will cause, selling of the park, and the closing of Alpha Link. Mayor Phelps announced after a phone call to the College District it was confirmed the college did hold classes the day after Labor Day. Mr. Davis stated in reference to a question he was asked, the City does have a Thoroughfare Plan adopted by ordinance. Mr. Craig Campbell asked if the vote on this item could be delayed until item C.9 has been presented. Mr. Campbell also asked what impact would the proposed development have on the flooding and erosion problems on Farmers Branch Creek. Councilman Bird stated he voiced his concerns at the last Council meeting. He asked if staff had clearly understood the neighborhood's view, would they have changed anything. Mr. Escalante stated through the public hearing process, there has been identification of a number of issues, perceptions, and perspectives that staff did not fully understood at the time this project Volume 76, page 12 started. Mr. Escalante stated this is why a public hearing process is conducted so there can be other views. Mr. Escalante stated there has been some criticism of staff at the last meeting, and staff accepted it as a challenge to see how to resolve these problems. Mr. Escalante stated the residents felt staff had been working on these plans for many months. He stated when the City conducted the public hearing process, residents felt rather than working together, they had opposed the development. He stated a resident had asked him why citizens were not brought into this issue earlier. Mr. Escalante committed to the residents and to the Council, that staff would look at this issue and see how additional input can be received in the beginning. Mr. Escalante stated he will have discussions with the Council on ways to gain community input prior to staff's recommendation as a future Council item. Mayor Pro Tern Davis stated she would like to apologize to the residents for not speaking much at the last Council meeting. She stated she was offended by some of the comments that were stated. She stated her decision should be made on the facts that were presented to the Council. Mayor Pro Tern Davis stated she valued the public hearing and thinks it is important to listen to the what people have to say. She stated it is obvious that residents in that particular section of the City feel they are being encroached upon. Mayor Pro Tern Davis stated she has mixed feeling on this issue because what would be the end result for that piece of property. She felt the City would have a much better park for residents and better access for Alpha Link. Mayor Pro Tern Davis stated the Council's job is to listen to the residents and the business community and make a judgment. She stated in her opinion the Granite Properties design is not in the best interest of the citizens. She thinks it is a viable project but she knows the concerns of the residents. Mayor Pro Tern Davis stated this was a difficult decision, but she feels the end product would be the best thing for the citizens. She thanked Volume 76, page 13 the audience for acting in a civil manner and appreciated their comments and concerns. Councilman Robbs stated he would like to complement the residents for the way they have conducted this meeting. He stated there is no greater promoter of industrial development or business than himself; however, he feels that due to all the petitions and neighbor's opposition, he could not support the zoning change. Councilman Grubbs stated he feels this project is good for the City and for the area. He stated there are numerous benefits of this project and they include: a tax income of $72,000, increased tax base for school districts, jobs added to Farmers Branch, tenants increasing sales tax dollars, funding for improvements to Holiday Park, and cooperatively assisting the continued growth of the City's third largest tax payer. He also stated there would be an increased demand for homes in the area. Councilman Grubbs stated the City Council should always take staff advisement under consideration. City Council should make decisions based on a compromise position between the business and the residential community of the City, and in his opinion this has happened with this project. Councilman Moses stated after listening to the residents and watching them in the audience, he sees how proud they are to be Farmers Branch, Texas residents. He asked how many residents use Farmers Branch rather than a Dallas address. He also asked the audience how many take part in the various programs or are even interested the many programs that Farmers Branch has to offer. Councilman Moses stated he feels this project would be a good project for the City, but with the residents opposing he will have to follow and vote against it. A motion by Councilman Grubbs to adopt Ordinance 2340 approving the zoning with the provision that the ordinance be amended to incorporate the site plan, labeled Landscape Plan Option B as prepared by H.K.S. Architects, into the ordinance to govern development of the property in all particulars. The motion died for lack of a second. Councilman Moses asked if there could be any more meetings with citizens or has it been long enough. Volume 76, page 14 Mr. Escalante explained some of the options available to the City Council. One option is to approve the zoning on Tract I only. The petitioner has formally objected to this option in a letter received by the City. Among the options discussed was to deny the zoning request with or without prejudice. Mr. Escalante stated at this time there is no compromise which everyone agrees upon. Mr. Knight stated Granite Properties is disappointed even though there has been no vote taken. He stated there are issues with this property and Alpha Link that staff and Granite could come up with some type of agreement where the right-of-way and Alpha Link could be modified to make the property work better. Mr. Knight stated he would like to meet with staff, homeowner representatives and explore these alternatives to see if anything can be gained. He is requesting this matter be tabled to explore the alternatives for Alpha Link. Mayor Phelps explained on the north end of Alpha Link they would take a corner clip. Mr. Escalante stated the Council may wish to vote on this application, but if City Council denies the project they may wish to deny the request without prejudice so the applicant is not precluded from coming back with an application next week. Mr. Escalante stated residents have complained about traffic. He stated traffic issues will continue whether this project is built or not. He advised the Council at the Study Session that residents are not opposed to the building east of Alpha Link. Mr. Escalante stated staff can work with the developer on this project to have the least impact on adjoining properties. He suggested if this item is denied, Council can direct staff to work with Granite on a new alignment for Alpha Link. Mr. Escalante stated he feels the Council or residents do not want to tie their hands today on creating a park, on designation of right-of-way that would preclude the city coming up with a better solution. Mayor Phelps stated he would like to see this item closed. Volume 76, page 15 Mr. Knight stated he would like this issue to be resolved at Council level. Mr. John Boyle, City Attorney, stated the case before you has been before the Planning and Zoning Commission. But if you start making changes to the extent that it is a different case, then you would need to go back to the Planning and Zoning Commission. Mayor Pro Tern Davis asked if they deny without prejudice than can Granite Properties go back and start the process immediately. Mr. Boyle replied yes. There being no further discussion, a motion by Mayor Pro Tern Davis, seconded by Councilman Robbs, all voting "aye", except for Councilman Grubbs, denied the zoning change without prejudice. The motion passes by a 4 to 1 vote. Mrs. Supinski thanked the Council for their vote and stated she uses the Dallas address because she was instructed to do so by the Post Office. C.4 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 September 8, 1997 City Council meeting. This item was not considered due to the zoning change requested by Blue Lake Partners Limited being denied. C.5 PUBLIC HEARING: CONSIDER AMENDING ARTICLE 15 OF THE COMPREHENSIVE ZONING ORDINANCE RELATIVE TO ACCESSORY BUILDING AND USE REGULATIONS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. A major concern of the City of Farmers Branch is the appearance of residential neighborhoods in the City and the impact on property values and the quality of life. As a result of citizen input, at neighborhood meetings, crime watch meetings and other citizen board Volume 76, page 16 gatherings, one item that was identified as having a negative impact is the condition and appearance of accessory buildings. 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. In July, the City Council considered the proposed amendments, and requested the Planning and Zoning Commission to restudy the provisions regulating accessory buildings in the required side yard of the main building. At its August 26th meeting, the Planning and Zoning Commission completed its study, and by a unanimous vote recommended that the City Council amend the Zoning Ordinance as previously recommended with the following change. Limit the floor area of the accessory building located in the side yard, so the floor area will not exceed the width of the side yard (in feet) multiplied by 6.5, but in no case could the building exceed 120 square feet. Examples (10' side yard = 65 square foot accessory building) (13' side yard = 84.5 square foot accessory building). Currently, the Zoning Ordinance does not allow accessory buildings to be located in the side yard of the main building. The potential for problems with the Planning and Zoning Commission's proposal, which allows an accessory building as large as 120 square feet in area, is of concern to Staff. The larger buildings could adversely effect drainage on adjoining properties. If erected in utility easements, utility providers Volume 76, page 17 would have trouble performing necessary repairs in the easements. Buildings as large as 120 square feet could easily be used as a shop to store large amounts of flammable chemicals. In both cases the potential for loss due to a fire is increased. These, combined with the visual impact of the larger buildings adjacent to the main building, illustrate Staff's concern. Staff recommends the Zoning Ordinance be amended as recommended by the Planning and Zoning Commission with the exception that accessory buildings located in the side yard of the main structure be limited to a maximum of 50 square feet as originally proposed at the July 21, 1997 City Council meeting, or prohibit accessory buildings in the side yard entirely as the current provisions do. Additionally, Staff would recommend that Section 15-104.6 be modified to allow detached accessory buildings not in the side yard to exceed a height of fifteen feet with a Specific Use Permit. This recommendation was a result of residents' comments at the September 15 Crime Watch meeting. Mayor Phelps opened the public hearing. Mr. Bob Wade, 12465 Wood Manor, stated he spoke at Study Session and wrote a letter in reference to this ordinance. He stated he was concerned that staff would recommend the Council not approve the side yard buildings. Mr. Wade asked if he would be permitted to move his building to his side yard. He also asked if he still has a valid building permit to construct his driveway. Mayor Phelps stated he would receive an answer after the public hearing is closed. Mr. Bill Binford, 12460 Wood Manor Circle, stated at the neighborhood meetings last year, the residents expressed concern of the visual impact of buildings in side yards. He asked why the Council is considering amending the ordinance to make it more lenient as opposed to more restrictive. Mr. Binford asked the Council not to permit buildings in side yards. With no further testimony being offered, a motion by Mayor Pro Tern Davis, seconded by Councilman Robbs, all voting "aye," closed the public hearing. Volume 76, page 18 Mayor Pro Tern Davis stated Mr. Wade's question needed to be answered. Mr. Jim Olk, Building Official, stated that Mr. Wade did receive a permit to place a driveway in his front yard. He stated his permit is still valid. Mayor Pro Tern Davis asked what happens to residents who have buildings in the side yard if the motion passes. She asked if they would be grandfathered. Mr. Olk stated the current ordinance does not allow for these buildings. He stated the buildings were built illegally and would have to be removed. Mr. Escalante stated he discussed this issue with the Council in the Study Session. He stated when new ordinances are implemented or changed, it is the practice of Farmers Branch to work with residents to give them time to comply. Mr. Escalante stated whatever standard the Council would set, staff would work with residents and give them a reasonable time to get in compliance. He stated the intent is to stop the proliferation and get the rest of the community in compliance. He stated this cannot be achieved in 30 days but would begin the process of letting residents know. Councilman Bird stated if a resident can prove a hardship they can then apply to the Zoning Board of Adjustments to retain a structure in the side yard. Mr. Escalante replied that was correct. Councilman Robbs stated he is confused about the current ordinance that does not allow buildings in side yards. He stated he has a dilemma in asking a resident to remove a building that has been there over 10 years as long as it is screened from the street and from the neighbors. Councilman Moses stated he has a problem with being able to park a boat in the side yard and not being able to put a portable building in the side yard. He stated from the street you would be able to see a boat or whatever else is in the side yard. Volume 76, page 19 Councilman Moses also stated there are a number of buildings in the side yards and he finds it difficult to tell residents they have to remove the buildings. Mayor Phelps asked if there was anyway it could be grandfathered. Mr. Escalante explained if the second proposal is adopted, it would allow for a maximum of 50 square feet, so they would be allowed as a matter of right and there would be no question of it being grandfathered. Mr. Escalante explained if the Council wanted to go to zero accessory buildings in the side yard, they could pass an amendment to grandfather the existing accessory buildings that are 50 square feet or less. Mr. Escalante stated there would be an inventory of these buildings. He stated the buildings would have to be maintained so they could continue to exist. Councilman Moses stated there are a number of residents that poured extra pavement on the side of their property for parking. He asked how that would be addressed. Mr. Olk stated the proposed ordinance only addresses accessory buildings. Councilman Bird asked if the accessory buildings, which are illegal, are now approved. Mr. Escalante stated it depends on the alternatives the Council wants to take. He stated there are three different options and there could be a consideration to include a grandfather clause for those buildings that already exist. Councilman Grubbs stated in reference to letters Council has received on these issues, it reflects his own sentiment and he would like to see the City stay with the ordinance that is in place now that prohibits buildings in side yards. Councilman Grubbs read a segment from one of the many letters he received. A motion by Councilman Grubbs, seconded by Councilman Bird, that the City Council adopt Ordinance No. 2329, which amends Article 15 of the Comprehensive Zoning Ordinance as recommended by the Planning and Zoning Commission, but delete Section 15-105 and any Volume 76, page 20 reference to said section which would continue to prohibit accessory buildings in the side yard, and to include no enforcement for 12 months and send out notices relative to existing buildings. With Councilman Grubbs and Bird voting "aye" and Mayor Pro Tern Davis, Councilmen Moses and Robbs voting "nay," the motion failed by a 2-3 vote. After further deliberation a motion was made by Mayor Pro Tern Davis, seconded by Councilman Moses, that the City Council adopt Ordinance No. 2329 as recommended by the Planning and Zoning Commission at their June 23, 1997 meeting which allows a maximum of 50 square foot accessory buildings in the side yard. Councilman Grubbs stated he is amazed by the action of the Council to adopt a more lenient ordinance that will add clutter to the area. He stated he likes the open space, is concerned about the safety and crime. He hoped there would be reconsideration by Council. Councilman Bird stated there are residents that do take care of their property. He stated if residents do not take care of their property then it will detract from neighboring homes. He asked if most houses have two side yards, will the City allow them to have one on each side yard. Mr. Olk stated the ordinance drafted limits a building in a side yard to 50 square feet, and limits the total area of accessory buildings to 120 square feet on a lot. Mayor Pro Tern Davis stated she is supporting this motion because many of her neighbors have portable buildings which are well maintained. She stated she has a problem with government putting their fingers in everything. Mayor Phelps stated the proposed ordinance will be more lenient. Mayor Pro Tern Davis stated she feels this would cause a hardship on many residents if they had to remove their storage buildings. She stated she does not have a problem with amending the motion. Mr. Binford stated the proposed ordinance does not require a permit which could open up a Pandora's box. He stated he would like to see it limited. Mrs. Rogers stated residents could put wing walls in and hide the accessory buildings. Volume 76, page 21 Councilman Grubbs stated since three Councilmembers are intent on making this ordinance more lenient, then he would encourage them to take another position and grandfather the existing side yard buildings with the requirement they be brought into compliance at the time there is a change in ownership. Mayor Pro Tern Davis withdrew her motion. A motion by Councilman Grubbs, seconded by Councilman Bird that the City Council adopt Ordinance No. 2329 which amends Article 15 of the Comprehensive Zoning Ordinance as recommended by the Planning and Zoning Commission, but delete Section 15-105 and any references to said section. Mayor Pro Tern Davis asked if Councilman Grubbs would consider an amendment to the motion which would temporarily grandfather accessory buildings which are currently located in the side yard until the property changed ownership. Mr. Olk asked if the Council chose to temporarily grandfather accessory buildings, they tie the time limit to the Certificate of Occupancy. Councilman Grubbs stated that he would amend his motion to adopt the following captioned Ordinance No. 2329 which amends Article 15 of the Comprehensive Zoning Ordinance as recommended by the Planning and Zoning Commission, but delete Section 15-105 and any references to said section and temporarily grandfather accessory buildings, fifty square feet or less that are currently located in the side yard, until a new Certificate of Occupancy is issued. Councilman Bird accepted the amendment and seconded the motion. With all voting "aye" the motion carried unanimously. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ARTICLE 15 OF THE COMPREHENSIVE ZONING ORDINANCE BY ESTABLISHING ACCESSORY BUILDING AND USE REGULATIONS; REPEALING ALL ORDINANCES OR PROVISIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. Volume 76, page 22 C.6 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 conjunction with the previous agenda item, another issue that was identified as having a negative impact was allowing existing garages to be converted without additional parking being provided. Similarly, the Planning and Zoning Commission working with City Staff, studied the existing ordinances, and found several areas where modifications could be made. In June, the Planning and Zoning Commission recommended the following amendments to the Zoning Ordinance relating to garage conversions: *Require that at least the minimum required number of parking spaces be provided behind the front building line when a garage or carport is converted. *Require the removal or reconfiguration of the existing driveway when a garage or carport is converted so as to prevent head-in or dead-end parking spaces in the front yard. *Remedy the conflict between the traffic laws and the Zoning Ordinance as they relate to the parking and storage of personal vehicles over 1 ton and commercial vehicles over 3/4 ton capacity in Residential, Office and Local Retail zoning districts. In July, the City Council considered the proposed amendments, and requested that the Planning and Zoning Commission specifically study the issue of requiring the construction of garages with new residences and providing that a new garage be constructed when a garage or carport is converted. At its August 26th meeting, the Planning and Zoning Commission completed its study and by a unanimous vote recommended that the City Council amend the Zoning Ordinance as previously recommended with the following changes: *Upon the conversion of a garage or carport, a new garage shall be constructed behind the front building line with a capacity equal to the capacity of the converted garage or carport. *Every new house constructed shall provide a garage for the required parking spaces. Volume 76, page 23 Mayor Phelps opened the public hearing. Mr. Litton, 13060 Glenside, stated he was concerned about parking his truck at his residence and for other residents that do not have paved alleys to park their recreational vehicles. Mrs. Faye Grunst, 3024 Oxfordshire Lane, asked the Council if they would consider allowing residents to have carports. Mr. Jim Wade, 3059 Cameo, stated he was concerned about parking his recreational vehicle. Mr. Escalante asked Mr. Olk if he would address the recreational vehicle ordinance. Mr. Olk replied the proposed ordinance before the City Council does not deal with recreational vehicles, the ordinance that addresses the parking of recreational vehicles was adopted by the Council in July, 1997. Mayor Pro Tern Davis stated this would only affect those residences that have enclosed garages. Mr. Olk replied the existing enclosed garages would be grandfathered. He summarized the new vehicle parking code and stated Community Services has copies if anyone would like to have one. With no further testimony being offered, a motion by Councilman Grubbs, seconded by Councilman Moses, all voting "aye," closed the public hearing. Mayor Pro Tern Davis asked Mr. Olk to describe a one ton truck. Mr. Olk explained the difference in a regular one ton vehicle and a commercial one ton vehicle. Mr. Escalante asked Mr. Olk to go over the storage issue. Mr. Olk explained the provision regarding commercial vehicles and how certain vehicles can be driven home everyday and on weekends but cannot be stored for extended periods. Councilman Bird asked what would happen to a resident who had a wrecker. Volume 76, page 24 Mr. Olk stated if the vehicle is one ton or less they comply with the ordinance, but if the vehicle exceeds a one ton capacity they are prohibited. Mr. Litton stated he needed more clarification on the ordinance about a one ton truck. Mr. Olk explained commercial vehicles one ton or greater with signage is not permitted to be parked or stored in a residential area. Commercial vehicles less than one ton with signage is prohibited from being stored in a residential area and vehicles less than three quarter ton with no signage can be parked or stored in a residential area. Councilman Bird asked Mr. Litton what signage does his truck have and what tonnage is his truck. Mr. Litton replied he has no signage and he has a one ton truck. Mr. Litton stated he has a box truck and asked if it is allowed to be parked at his residence. Mr. Olk stated if it is a commercial vehicle it would be prohibited in residential zoning districts. There being no further discussion a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted the Ordinance No. 2331 amending Section 12-103 of the Comprehensive Zoning Ordinance as captioned below and as recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 12-103 THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING THE PARKING REQUIREMENTS IN RESIDENTIAL ZONING DISTRICTS; AMENDING THE PROVISIONS FOR CONVERTING VEHICLE STORAGE GARAGES OR CARPORTS INTO LIVING AREA; REPEALING ALL ORDINANCES OR PROVISIONS IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSANDS DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. Volume 76, page 25 C.7 CONSIDER A REQUEST BY GNB TECHNOLOGIES FOR SITE PLAN APPROVAL OF A MAINTENANCE SHOP ADDITION, WAREHOUSE AND MANUFACTURING ADDITIONS AND ADDITIONAL TRUCK PARKING TO BE LOCATED AT 1880 VALLEY VIEW LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 22 (PD-22) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. The subject property is the existing GNB Technologies development situated on a 45.5 acre tract approximately 0.3 miles west of Senlac Drive on the south side of Valley View Lane. GNB Technologies wants to expand its facility to add a 1,379 square foot maintenance shop at the northeast corner of the existing building; a 22,000 square foot warehouse and manufacturing addition at the southwest corner of the existing building; and a 69,000 square foot warehouse addition at the southeast corner of the existing building. Additional truck parking is also proposed along the south and east side of the existing building. Approximately 58 percent of the site will remain as open space and landscaped area after the completion of the building and parking additions. PD-22 zoning allows variances to the development standards to be requested by the developer and to be considered as part of the site plan approval. In conjunction with this site plan, the applicant is requesting the following variances relative to the existing development and proposed building additions: 1. Typical automobile parking stall dimensions of 9 ft. X 18 ft., instead of typical parking stall dimensions of 9 ft. X 20 ft. 2. Allow 329 standard parking spaces instead of the 424 parking spaces which is 95 less parking spaces than required. 3. Allow an 8 foot tall white metal screening fence along the east side of the existing building facing Valley View Lane screening the existing and proposed truck parking area. 4. Allow a 10 foot paving setback along Valley View Lane, near the northwest corner of the building, instead of a 50 foot setback. Volume 76, page 26 5. Allow an 8 foot tall chain link fence at the northwest corner of the property within the required front yard. The Planning and Zoning Commission, by unanimous vote, recommends the site plan be approved, including the variance requests, with the following conditions: 1. That a 10 foot utility and sidewalk easement be provided along Valley View Lane. 2. The existing utilities, fences, air conditioning units, dumpsters and other features currently shown within the proposed building additions be relocated, subject to Staff approval. 3. The shrubs along the south property line be a minimum size of 5 gallons and be spaced 4 feet on center at time of planting. Mr. Alan Altec, Real Estate Professional with Henry S. Miller Commercial Real Estate, 5001 Spring Valley, stated he was representing GNB Batteries Technologies in the site plan approval application. Mr. Altec gave a report of the background of GNB Batteries Technologies and their reasons for this site plan request. Mr. Altec stated he would be available to answer any questions the Council may have. Mr. John H. Wells, 13521 Heartside, asked if the City has explored the environmental, drainage and other matters. Mr. Tom Scales, Community Services Director, stated during the site plan review GNB Technologies has done numerous things to continue their environmental program. He stated there will be no new emissions. Mr. Scales stated the site has an air monitor on the south and north side of the property. He stated the City will monitor emissions that come from the property and within the parameter that GNB agreed to with the City of Farmers for this site. Mr. Scales stated in addition GNB has made improvements on the pond. He stated GNB is also making other improvements to the site. Mr. Wells asked if GNB had cleaned up their act from the past. Volume 76, page 27 Mr. Scales stated GNB is abiding by the agreement they entered into with the City of Farmers Branch regarding emissions. He stated GNB is being monitor on a regular basis by the City and by the State. Mr. Scales stated with the improvements and appearance of this site, it will be an asset to the City. Mayor Phelps asked Mr. Altec if GNB Technologies was aware of the conditions and were they in agreement with them. Mr. Altec replied GNB was aware of the conditions and agreed with them. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 97-145 approving the site plan, including the variance requests, subject to the conditions recommended by the Planning and Zoning Commission. C.8 CONSIDER REQUEST OF DR. DIANA MAE SIMS TO DEDICATE HOLIDAY PARK AS A FARMERS BRANCH CITY PARK AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. This item has been placed on the agenda at the request of Dr. Diana Mae Sims. Staff has no recommendations. Dr. Diana Mae Sims, 4017 Kerr Circle, asked the City to dedicate Holiday Park as it exists now, with the exception of Alpha Link modifications. She stated she would like a permanent sign marking the park, some landscaping, some sidewalks and a parking area. Mr. Tom Macejko, 4021 Kerr Circle, stated he also would like to see the park dedicated. Mayor Phelps stated Council has already directed staff to research this item completely to see what needs to be done to get the park dedicated. Mrs. Betty Supinski, 13232 Kerr Circle, stated she would like to see Holiday Park dedicated as a park. Volume 76, page 28 There being no further discussion, a motion by Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye," directed City staff to research all aspects of dedicating Holiday Park as park land, a tract of land generally bounded by Alpha Link Road, Alpha Road and Valley View Lane and bring back to Council. C.9 CONSIDER REQUEST OF THE FARMERS BRANCH CREEK HOMEOWNERS TO MAKE A PRESENTATION ON EROSION PROBLEMS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. This item has been placed on the agenda at the request of the Farmers Branch Creek Homeowners. Mr. Ross Bumpass, 12407 Veronica, stated he is representing the Farmers Branch Creek homeowners. He gave a lengthy presentation of the conditions along the creek. He stated he will present the Council with a petition of over 250 residents and a supplement outlining details of their request. Mr. Chuck Zubarik, 13219 Glad Acres Drive, he has served as president of the board of the Valley View Park Estates Homeowners Association for the last two years and will be speaking for the twenty- one families that live along the creek. Mr. Zubarik stated his property has suffered extensive damage with creek erosion each time there is a heavy rain and it floods. Mr. Zubarik stated the homeowners support the need for an independent engineering drain study. He stated the homeowners would like for the City to reexamine their creek drainage practices and take a different approach in the future. Mr. Tom Cope, 12254 Brisbane, stated he has lived at this address for the last 32 years and has lost approximately 20 to 25 feet of his yard. He stated he would like help from the City. Mr. Michael Cope, stated he has 2 %2 acres behind his home and it usually floods twice a year. He stated he is concerned with the erosion of his property. He stated as a taxpayer he would like to see a plan that addresses the needs of residents living along the creek. Mr. Thomas Williams, 2955 N. Sunbeck Circle, stated he is concerned with the erosion of the wall behind his property along the creek. He Volume 76, page 29 asked the Council to consider his position and help him and the other homeowners living along the creek. Mrs. Joan Bareis, 2935 N. Sunbeck Circle, read an excerpt from the Farmers Branch Pictorial History Book dated 1996. She stated after reading the book, this is the reason she and her husband moved to Farmers Branch. She stated her property is now devastated and dangerous and she would like some help from the City. Mrs. Andrea Dyer, 12305 Wood Manor Circle, stated she has lived at this address for 18 years. She stated the homeowners have no way of protecting their property unless the City can manage to solve the creek problem. Mr. Zubarik gave a summary of the creek erosion presentation. He asked the Council to consider the following six recommendations: (1) authorize an independent study by a mutually agreed upon engineering firm; (2) appoint a Councilmember as liaison; (3) establish a moratorium on new construction; (4) implement corrective measures; (5) restore properties that have suffered catastrophic damage, that represent health or safety hazards; and (6) maintain creek for future generations. He stated the homeowners are present tonight to try and find a solution to the creek problems. He asked the Council to make a commitment to take the first step before further damage occurs and authorize the study they have requested. Mr. Zubarik stated he will give the Council a copy of the presentation and comments that were presented tonight. He stated he would like for a copy of the presentation to be included in the official records of the Council meeting and the homeowners will await the Council's comments. Mayor Phelps stated he does not believe the Council will be able to make a decision tonight. Mayor Phelps stated the City cannot spend taxpayers dollars on private property, it is a State law. Mr. Bumpus stated the City can use taxpayers money to fix a drainage utility which the creek is. He stated the homeowners are asking for restoration of property, not improvements. Volume 76, page 30 Mr. Bumpus stated after much research, the City can use public money for the good of the City, even if it happens to be spent on private property. Mayor Phelps stated he would ask the City Attorney to comment. City Attorney John Boyle stated the City has the ability to correct things the City has damaged. To spend funds to build or restore, the City does not have the ability to go on private property. Mr. Bumpus stated they are not asking the City to spend lots of money on there property, they are asking the City to control the water that comes down the creek. There are not asking for improvements, just for damages caused by the creek. Mayor Phelps asked if the homeowners want the City to restore private properties. Mrs. Ruth Alhilali, 2901 N. Sunbeck Circle, stated the Council needs to review packages that were given to them this evening. She stated there was a lot of research done and with many questions and answers in the book. She stated they are asking for restoration for catastrophic damages and for dredging in Farmington Lake. Mr. Michael Cope, 3140 Brookhollow Drive, stated he feels the City is not taking is responsibility for actions it has taken or not taken by creating further upstream forces of water. He stated he would like to see a study to show whether or not there is a problem caused by these actions or lack of actions, and what can be done about it. Mr. Cope stated the City is losing respect, credibility, and confidence of citizenry who lives here and deals with the bureaucracy of the city government and feels they are shown a blind eye from the city. He stated when shown a blind eye, the only alternative is to go to the court system, join together and do laws suits and other actions. Councilman Robbs stated he would like to comment about a meeting he was invited to. He stated he was invited to meet with Mrs. Bareis and a few of her neighbors from the Farmers Branch Creek area back in May. He stated the meeting was to attempt to determine what could be done about the erosion on the creek. He stated at that time the Council expressed an interest for the homeowners to form an association, do some background work, and present that information to the City Council so they could take action. Volume 76, page 31 Councilman Robbs stated he feels confident the Council is concerned and he appreciates the comments, but the information the Council received tonight will have to be studied. He stated the legal ramifications will have to be checked into and how much involvement the City can actually take. He stated they will get back to homeowners as soon as they can. Mr. Paul Heller, 13806 Wooded Creek Drive, stated the City should consider authorizing a study before they go forward with any recommendations from the Homeowners. Councilman Grubbs stated he is an engineer and this problem is one of the most complex engineering problems. He stated you are not only dealing with erosion but also subsequent slope instability. Councilman Grubbs stated he feels the Council needs to take a look at what the options might be. He stated whether it be a study or some other approach. Councilman Grubbs stated he would like for staff to come back with ideas as to what other cities have done in this regard and what the potential options might be. Councilman Grubbs stated he feels the options should be evaluated. Councilman Grubbs stated he is not authorizing a study, but would like to see the options Council can take in this area. Mrs. Carol Dingman, 13223 Glad Acres Drive, stated she would like for Council to review the books which were prepared by the homeowners. She stated she would also like for the Council to pick a liaison to meet with the homeowners. She asked the Council to work with this group and start tonight. Mayor Phelps stated the Council is sensitive to this issue, however they only received the information on the creek approximately 10 minutes earlier. He stated the information will need to be reviewed before the Council can make a decision. Mr. Sam Shaddic, 13202 Glad Acres, stated he moved here from Tulsa, Oklahoma. He commented that Tulsa had a similar problem and he suggested the City get in contact with the engineering department in Tulsa. Volume 76, page 32 Mr. Jim Gleason, 3320 Rock Martin, stated he feels this item should be approached with fresh minds and an independent mind will lead a lot of credibility to recommendations. Mr. Manning stated he has been a resident since 1965. He stated the homeowners need to be recognized for all the work they did to present this item to the Council. Mr. Manning stated he feels the City Council has some responsibility to listen to the homeowners and take some kind of action. Mayor Pro Tern Davis stated since she has been on the Council, the creeks have always been an issue. She stated the City has done many innovative things, such as, the dividend program, and after school programs. She stated this problem with the creek needs to have some creative thinking. She stated she would like to ask staff to review the study given to Council and look at the cost of conducting a study for the entire creek. Mayor Pro Tern Davis stated in Study Session it was discussed the cost would be approximately $100,000. She stated it is a tremendous amount of money, but keeping the quality of life throughout the City is as important as the money. A motion by Mayor Pro Tern Davis, seconded by Councilman Bird, all voting "aye," directed staff to study the entire project, find out what a study would cost, report back to Council, and for Council to appoint a liaison to work with the committee. Mrs. Alhilali stated she is spokesperson for the Farmers Branch Creek homeowners. She asked when they can expect to hear from the City Council or the City Manager. She stated she would like to offer their assistance to work and discuss the issues. Mrs. Alhilali asked if this item would be on the next City Council meeting. Mr. Escalante stated the report received tonight has not been read. He stated the report needs to be read and examined before it can be reported on. Mr. Escalante stated preliminary information could be brought back to the Council and residents two meetings from tonight. He stated he does not know exactly when the report can be completed since this is the first time it has been discussed. Volume 76, page 33 Councilman Grubbs stated the residents need to understand that Mr. Escalante has reached a milestone in what he has accomplished and he should be commended. Councilman Grubbs stated he knows the residents want to get the problems solved as soon as possible. He stated the city has been running with minimal staff for the last few years and that includes the engineering department. Councilman Grubbs stated the engineering department needs time to review this information. He reiterated this is a very complex problem and there are no easy solutions. Councilman Grubbs stated he hopes to get the information back in a couple of meetings. Mrs. Alhilali asked if they could speak with the liaison person so they can be kept informed. Mr. Escalante stated he hopes within a couple of weeks staff can get together with homeowners, discuss what the City's ideas are, and then bring them before Council. Mr. Escalante stated he would be in contact with the homeowners to discuss what the preliminary work will be. He stated he can meet with homeowners in a preliminary fashion and get together with Council rather than delay and come up with a definitive study. He stated he feels it should be done in small steps and to keep in touch with the homeowners throughout the process. Mrs. Alhilali stated she feels they can accomplish a lot informally now that the Council has received the information. D.1 CONSIDER ADOPTING ORDINANCE NO. 2338 AMENDING THE CITY'S OPERATING AND CAPITAL BUDGET FOR THE 1996-97 FISCAL YEAR AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Ordinance No. 2338 amends the 1996-97 fiscal year operating and capital budget to a level that is consistent with the City's most current estimate of revenues and expenditures. Staff recommends the adoption of Ordinance No. 2338 amending the 1996-97 fiscal year operating and capital budget. There being no discussion, a motion by Mayor Pro Tern Davis, seconded by Councilman Robbs, all voting "aye," adopted the Volume 76, page 34 following captioned Ordinance No. 2338 amending the 1996-97 fiscal year operating and capital budget. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 1996-97 FISCAL YEAR OPERATING BUDGET AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. D.2 CONSIDER ADOPTING ORDINANCE NO. 2335 APPROVING THE OPERATING AND CAPITAL BUDGET FOR THE 1997-98 FISCAL YEAR AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Ordinance No. 2335 approves the operating and capital budget for the 1997-98 fiscal year. All applicable laws and charter provisions necessary for adoption of the budget have been followed. Copies of the budget document are available for public inspection at the Farmers Branch Manske Library. This ordinance also authorizes the City Manager to transfer unencumbered appropriations of up to $5,000 within a department. Staff recommends the adoption of Ordinance No. 2335 approving the 1997-98 operating and capital budget. There being no discussion, a motion by Councilman Grubbs, seconded by Councilman Bird, all voting "aye," adopted the following captioned Ordinance No. 2335 approving the 1997-98 operating and capital budget. AN ORDINANCE TO OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998, BY PROVIDING THE BUDGET FOR SAID PERIOD AND APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF FARMERS BRANCH FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERATION OF VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY. D.3 CONSIDER ADOPTING ORDINANCE NO. 2339 TO LEVY THE TAX RATE FOR 1997 AND TAKE APPROPRIATE ACTION. Volume 76, page 35 Mayor Phelps presented the following information for consideration. Ordinance No. 2339 sets the tax rate for the 1997 tax year at $.44 per $100 of assessed value on residential and commercial real property and business personal property within the City. This represents the same tax rate in place during 1996. Other than Highland Park, the City of Farmers Branch has the lowest tax rate in Dallas County. Staff recommends the adoption of Ordinance No. 2339 to levy the tax rate for the 1997 fiscal year at $.44 per $100 of assessed value. There being no discussion, a motion by Councilman Grubbs, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2339 to levy the tax rate for the 1997 fiscal year at $.44 per $100 of assessed value. AN ORDINANCE TO LEVY THE TAX RATE FOR THE 1997 TAX YEAR D.4 CONSENT. D.5 CONSENT. D.6 CONSENT. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mr. Escalante stated he attended the City Manager's Conference in Vancouver. He stated he served on the International Activities Committee and attended committee meetings with city managers from around the world. He stated this was one of the best conferences he has attended. Mr. Escalante stated one of the sessions he attended was on "Working With Citizens". He stated he brought back a concept of "Charrette, Planning" an exercise that one goes through in the early steps of project development to get input from the citizens. He stated he would be discussing this concept with the Council at the next Study Session meeting. D.8 CITIZEN PARTICIPATION. Mrs. Mildred Rogers, 14440 Shoredale, stated she would like to thank staff for their help and advice. Volume 76, page 36 Mrs. Rogers also stated if any of the homeowners needed help with their creek problems to contact Mayor Phelps. Mr. Bob Woods, 3184 Brookhollow Drive, stated he has lived in Farmers Branch since 1963. He stated Councilwoman Davis has helped him in the past with his creek erosion and he appreciates all her help. Mr. Woods stated Councilman Moses has also assisted him and he appreciates his help. Mr. Woods again thanked the Council and staff for all their help. 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 7:15 P.M. AND CONCLUDED AT 7:30 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 TO THE PLANNING AND ZONING COMMISSION. Mayor Phelps and members of the City Council discussed appointments to various boards. EA 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. Mayor Phelps stated there was no report on possible land acquisition. E.1 c DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 Volume 76, page 37 1. DISCUSS POTENTIAL LITIGATION RELATED TO THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT ATTENDANCE ZONE ISSUE. Mayor Phelps reported there was no update 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 October 6, 1997 City Council meeting. Mayor Phelps stated the appointment to the Planning and Zoning Commission would be postponed until the October 6, 1997 City Council meeting. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated there was no report on possible land acquisition. E.4 CONSIDER NECESSARY ACTION ON PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported there was no report given on the school issue. F.1 ADJOURNMENT. A motion by Mayor Pro Tern Davis, a second by Deputy Mayor Pro Tern Bird all voting "aye", adjourned the City Council meeting of September 22, 1997, at 1:03 a.m. Volume 76, page 38 City Secretary