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2001-01-08 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, January 8, 2001 7:30 PM The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tern Bill Moses Councilmembers Jim Robbs Charlie Bird Paul Walden The following member of the City Council were absent: Councilmember Calla Davis The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager Assistant to City Manager Assistant to City Manager City Attorney City Secretary Communication Director Director of Community Services Director of Planning City Engineer Director of Finance Director of Parks & Recreation Director of Equipment Services Library Director Police Chief Fire Chief Director of Public Works Recording Secretary Richard L. Escalante Linda Groomer John Burke Margaret Somereve John Roach John Boyle Cindee Peters Tom Bryson Michael Spicer Kaizer Rangwala Jerry Murawski Charles Cox Jeff Fuller Don Moore Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux Suzanne Reynolds Mayor Phelps called the City Council Meeting of January 8, 2001 to order at 7:30 P.M. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Mayor Pro Tern Moses gave the invocation and Councilmember Bird led the pledge of allegiance to the flag. Volume 85, page 55 A.2 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.3 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a 5-year employee service award to Pam Smith of the Parks and Recreation Department. A.4 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. Mayor's Announcement Mayor Phelps announced the Community Meetings would be held on Tuesday, March 27, 2001 at the Manske Library and March 29, 2001 at the Senior Center. B. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.2. Mayor Phelps stated 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 Moses, seconded by Councilmember Robbs, all voting "aye," approved the Consent Agenda. B.1 Approved minutes of City Council meeting of December 18, 2000. B.2. Adopted Resolution No. 2001-002 urging the 77th Texas Legislature to take certain actions to improve Texas' surface transportation infrastructure. C.1. PUBLIC HEARING: CONSIDER THE REQUEST OF SOUTHWESTERN BELL WIRELESS FOR APPROVAL OF A SPECIFIC USE PERMIT-INTERIM USE FOR A PERIOD OF NOT LESS THAN 10 YEARS TO EXPIRE ON JANUARY 8, 2011, FOR A 65-FOOT TALL CELLULAR COMMUNICATIONS ANTENNA MONOPOLE TOWER ON THE NORTH SIDE OF THE EXISTING BUILDING LOCATED AT 4515 LBJ FREEWAY APPROXIMATELY 900 FEET FROM THE NORTHWEST CORNER OF WELCH ROAD AND LBJ FREEWAY, WITHIN THE PLANNED DEVELOPMENT NO. 40 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is seeking approval of a specific use permit-interim use, for the installation of a 65-foot tall Volume 85, page 56 monopole tower within an approximate 440 square foot lease area located north of the existing Recreational Equipment, Inc. (REI) building. The proposed installation consists of 3-antenna panels mounted flush to the tower at the top and a light fixture, identical to those existing in the property's parking lot, affixed at a height of approximately 25 feet. The proposed tower, antennas, and light fixture will be painted the same color as existing light standards on the property. Additionally, the applicant is proposing to construct a prefabricated concrete building, painted the same color as the existing building, located in the northeast corner of the lease area to house the installation's electrical equipment panels. The proposed site plan complies with all PD-40 and Comprehensive Zoning Ordinance regulations and meets the specific use permit-interim use requirements. The Planning and Zoning Commission, by unanimous vote, recommends approval of the specific use permit-interim use subject to the associated site plan and the following conditions: 1. Southwestern Bell Wireless, or subsequent owner of the monopole tower, antenna system, and associated equipment building, shall remove the monopole tower, wireless communications antenna, associated equipment building, and all appurtenances within ninety (90) days subsequent to such time that the antenna and equipment building become obsolete and the use is abandoned. 2. The specific use permit-interim use shall expire on January 8, 2011. Mayor Phelps opened the public hearing. Peter Kavanaugh, 1620 Handley Drive, Dallas, representing Southwestern Bell Wireless, stated they have complied with staff's recommendations and requested approval of this application. He stated he would be available to answer any questions the Council may have. A motion by Councilman Bird, seconded by Mayor Pro Tern Moses, all voting "aye," closed the public hearing. There being no further discussion, a motion by Councilman Walden, seconded by Mayor Pro Tern Moses, all voting "aye," adopted the following captioned Ordinance No. 2581 approving the specific use permit-interim use 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, BY GRANTING A SPECIFIC USE PERMIT- INTERIM USE FOR A PERIOD OF TEN YEARS TO ALLOW THE PLACEMENT OF A CELLULAR COMMUNICATIONS ANTENNA MONOPOLE TOWER WITH THREE (3) ANTENNA PANELS LOCATED AT 4515 LBJ FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 40 (PD-40) ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A Volume 85, page 57 SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR AN EXPIRATION DATE. C.2. PUBLIC HEARING: CONSIDER THE REQUEST OF CAPSTONE AMERICAN PROPERTIES, LLC, TO CHANGE THE ZONING OF APPROXIMATELY 66.08 ACRES LOCATED ON THE WEST SIDE OF LUNA ROAD, APPROXIMATELY 300 FEET SOUTH OF LBJ FREEWAY, FROM PLANNED DEVELOPMENT NO. 61 TO A PLANNED DEVELOPMENT NO. 81 ZONING DISTRICT THAT WOULD ESTABLISH NEW USES INCLUDING RESIDENTIAL USES, ESTABLISH NEW DEVELOPMENT STANDARDS, AND ADOPT A NEW CONCEPT PLAN, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The existing Planned Development District No. 60 includes approximately 179 acres of land generally bounded by LBJ Freeway to the north, Luna Road to the east, Royal Lane to the south and the Elm Fork of the Trinity River to the west. The applicant is proposing to rezone 66.08 acres of that portion of PD-60 situated on the peninsula, located south of the LBJ Freeway and west of Luna Road. The proposed zoning encourages mixed-uses within a pedestrian friendly urban village setting. The proposed zoning establishes two distinct but interrelated areas: 1) a Mixed Residential Area that allows high density, multi-family residential development along the lakefront with commercial retail uses on the street level; and 2) an Employment Core that allows offices as the primary use and promotes ground level retail uses. Under the proposed ordinance, the maximum allowable square footage of buildings in the Employment Core Area is 1.8 million square feet. Within the Mixed Residential Area, the proposed Ordinance would allow a maximum of 1,200 residential units with a provision to add up to 200 more units if additional commercial retail uses are provided at street level within the Employment Core. The existing PD-60 zoning allows 2.5 million square feet of development and residential uses are not permitted. The addition of residential uses within the peninsula tract to promote mixed-use development is consistent with the 1989 Comprehensive Plan and Tax Increment Financing Plan. An amended concept plan is being proposed for this Planned Development District. The proposed concept plan establishes the general development intent for the District, including general street, block, and open space layout. The proposed concept plan is intended to serve as a guide for reviewing future site plan applications. Volume 85, page 58 The existing ordinance requires access to an eastbound frontage road along LBJ Freeway and other emergency access improvements that will remain under the proposed Ordinance. Additionally, the traffic impact analysis prepared in conjunction with the proposed zoning amendment recommends other traffic mitigation measures based on a total built out scenario. Neither the existing egress and emergency access requirements nor the roadway improvements recommended by the new traffic study are necessary for the first mixed-use building proposed. However, any subsequent development will trigger these roadway improvements and mitigation measures. The mitigation measures may be phased with subsequent development provided a revised traffic impact study that sufficiently justifies phasing is prepared by the developer and approved by staff. The Planning and Zoning Commission, by unanimous vote, recommends approval of the zoning petition, subject to the following provisions being incorporated into the proposed ordinance: 1. The following areas indicated on the Amenities Concept Plan (Attachment 5 of the proposed ordinance) shall be dedicated as privately maintained public open space prior to issuance of any building permits in this Planned Development District: a. Pedestrian plaza at the southern tip of Block E, Lot 1; b. Pedestrian plaza on Block B, between Lot 1 and Lot 2; and c. Entrance plaza on Block B, Lot 3. 2. The 20 foot wide public access easement containing the lakefront pedestrian walkway shall be dedicated at such time when the lakefront walkway becomes a public walkway. 3. A private property owners association shall own and be responsible for the maintenance of common open spaces, special paved surfaces, streetscape, landscaping, and other appurtenances, with the exception that at such time when the lakefront pedestrian walkway becomes public, the City will maintain the 20-foot wide public access easement encompassing the lakefront pedestrian walkway. The association will establish a reserve fund for the above stated maintenances and the association documents shall be reviewed and approved by the City Attorney to ensure that they conform to this and other applicable City Ordinances. The document shall be filed of record prior to the approval of the final plat. Lot deeds shall convey membership in the association and provide for the payment of dues and assessments required by the association. No portion of the association can be dissolved, or no portion of the association documents pertaining to maintenance may be amended without the written consent of the City. Since the last hearing, the applicant has incorporated the above-listed three conditions within the proposed ordinance; therefore, these conditions are no longer needed. Volume 85, page 59 Mayor Phelps opened the public hearing. Paul Cheng, 6002 Rose Grove Court, Dallas, Capstone American Properties, LLC, introduced several members of the design team of this project. He stated the project name is "Mira Lago" and has been two years in the planning. He thanked several City staff members who have been instrumental in the planning of what he believes is one of the best developments in the Metroplex. Mr. Cheng stated Mira Lago is the most comprehensively planned mixed-use office retail multi-family and hotel community in Farmers Branch. The total development at completion will consist of 1.8 million square feet. He stated the site of the proposed project is approximately 66 acres located south of 1-635 at Luna Road. Mr. Cheng explained that the perimeter of the property on the lake would be for the residential and the interior or core of the property would be for commercial development. He stated the project is designed to be of the highest quality. Mr. Cheng showed a rendering of the project and stated when it is completely developed it would cost approximately $400 - $500 million. He stated the concept behind this project is called New Urbanism, which means that high quality office, home, and retail are all located together in one area. He stated the project would incorporate what is called SoHo, which are small-office-home- office units. Mr. Cheng reviewed the plans for the entrance landscaping and lighting into the project. He described the signature bell tower to define this project as something special. Mr. Cheng stated traffic mitigation methods have been studied and have been incorporated into the ordinance. He reviewed the pedestrian trail in the development. John Wells, 13521 Heartside Place, asked if the development touches Valley View Lane. Mayor Phelps asked Mr. Wells to hold his question until the public hearing was closed. A motion by Councilman Robbs, seconded by Councilman Bird, all voting "aye," closed the public hearing. John Wells stated he felt the developer should pay for improvements at the Luna Road and Valley View Lane intersection. Richard Escalante, City Manager, stated the northern most boundary of this project is LBJ Freeway. Jerry Murawski, City Engineer, stated this development is at the southwest corner of Luna and LBJ Freeway. He stated the traffic impact study indicates some increase in traffic at Valley View Lane and Luna but majority of the impact would be found around Luna Road and 1-635 intersection. He also stated that in the future there are plans to widen Valley View Lane to eight lanes divided. Councilman Walden asked what the street lights will look like. Volume 85, page 60 Tom Pritchett, T.H. Pritchett and Associates, 3017 Westminster Dr., Farmers Branch, showed the Mayor and Council pictures of the proposed streets lights in the development. He also provided pictures and information on the benches, trash receptacles, and pavestone pavers that will be placed in the project. Councilman Walden stated that page 62 in the ordinance calls for 4" caliber trees for landscapes purposes, but on pages 35 and 42 the ordinance refers to 3 to 3 '/2 hch caliber trees. He asked Mr. Pritchett to explain the discrepancies. Mr. Pritchett explained the 4-inch trees are used on the specified streets and parkway only and the 3-'/2 inch trees referred to on page 42 refer to the minimum size that will be used to replace trees that will be removed. On page 35 are street trees on streets other than those specified in Article 13. These would be for minor and internal streets. Councilman Walden asked so you are not going to use 4-inch trees. Mr. Pritchett replied yes, the 4-inch trees would be used on the main streets as specified on page 62. Councilman Walden stated he noticed efficiency apartments of approximately 416 square feet allowed under this ordinance. He asked if this low-end apartment should be allowed in this upscale development. Kaizer Rangwala, Director of Planning, explained that the efficiency units are a product of design. The apartments are generally located on the corners where you generally encounter awkward shaped and sized units. They represent 7 percent of total units only 15 units within this development. Councilman Walden stated that on page 23 there is verbiage of parking reduction management criteria and asked clarification on this portion of the ordinance. Mr. Rangwala stated this concept deals with shared parking concept for mixed uses. He stated the shared parking allows for contradistinctive use of limited parking spaces. Under the proposed Ordinance some combination of mixed uses can get up to 10 percent discount on the required off-street parking. Councilman Walden asked about the private pedestrian trail. He asked Mr. Rangwala to comment on the City's plans for a pedestrian track north of LBJ Freeway. Mr. Rangwala stated this trail would connect on the west with the Trinity Trail System that goes south to downtown Dallas and north to Oklahoma. The proposed trail on the peninsula parcel would connect the Trinity Trail System to the proposed trail system identified to the north of 1-635. He stated this trail system is detailed in the Tax Increment Financing Plan. The proposed trail system north of 1-635 would eventually connect to the existing neighborhoods Volume 85, page 61 located east of 1-35E, alongside the existing creeks. He stated the trails north of 1-635 would be put in as the development progresses on the north side. Once the trail system north of 1-635 is complete and ready to be connected to the trail on the peninsula parcel, the trail on the peninsula parcel will be dedicated as a public trail. Councilman Walden stated on page 41 it talks about the 36-inch screening on the parking lots. Mr. Rangwala replied no screen is proposed in phase one, there are no surface parking lots; the condition, however, could apply in a future phase. Councilman Walden asked if it was for commercial service parking in the future. Mr. Rangwala stated that a future developer could potentially provide 10 percent of the required parking for residential uses and 25 percent of the required parking for commercial uses as surface parking. In this case, the developer is choosing not to provide a substantial amount of surface parking but instead to provide structure parking. He stated where they have provided some surface parking they have provided it in such a manner that it also functions as a pedestrian plaza. He stated in the future, surface parking would have to be screened at the street level by landscaping. Councilman Walden stated in regard to structure parking on page 52 it mentions that parking structures are specifically excluded from the primary building materials for the main building and asked Mr. Rangwala to explain. Mr. Rangwala stated the building materials for the parking garage and the main building are the same cast stone base with a 3/8-inch stucco wall. Mr. Rangwala stated the exemption in question was removed by an addendum that was distributed prior to the Council public hearing. He stated the parking structures have to follow the same building materials and architectural design as the mixed-use development. Mr. Escalante stated one correction is that the addendum was not given out but was noted to the Mayor that before the adoption of the ordinance that it be amended to exclude the exemption on page 52. Councilman Walden stated this is a very worthy project and he complimented Mr. Cheng for all his work on this project. He asked Mr. Cheng if he would consider changing the name to "Mira Lago at Farmers Branch". Mr. Cheng replied if the Council is amenable to this then he would be proud and happy to amend the name. Councilman Bird commented that Councilwoman Davis called him and requested that the developer consider adding Farmers Branch to the development title, as well. Volume 85, page 62 Councilman Walden replied Mira Lago at Farmers Branch would be an excellent name. Councilman Bird stated Councilwoman Davis would be very proud. He also thanked Mr. Cheng and his staff for all of their hard work. Mayor Phelps stated he appreciates everyone's effort in getting this project design, and the Council is looking forward to seeing the project start. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Walden, all voting "aye," adopted the following captioned Ordinance No. 2578 approving the zoning petition to include the name change to "Mira Lago at Farmers Branch" and on page 52, eliminate Architectural Standard 1. in parenthesis (excluding parking structures). AN ORDINANCE AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE ZONING DISTRICT CLASSIFICATION OF THE TRACTS OF LAND DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM THE CURRENT ZONING DISTRICT CLASSIFICATION OF PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 60 TO PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 81; ALLOWING HIGH DENSITY MIXED USES; ESTABLISHING DEVELOPMENT STANDARDS FOR PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 81; PROVIDING A SAVING CLAUSE; PROVIDING INJUNCTIVE RELIEF, PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OR FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); DIRECTING THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. D.1 CONSIDER THE REQUEST OF CAPSTONE AMERICAN PROPERTIES, LLC, FOR SITE PLAN APPROVAL FOR A MIXED-USE DEVELOPMENT CONSISTING OF 206 RESIDENTIAL UNITS, A 6-LEVEL PARKING GARAGE, RETAIL AND OFFICE USES, PRIVATE STREETS AND AMENITIES, INCLUDING VARIANCE REQUESTS FOR SIGNAGE, ON AN APPROXIMATE 10 ACRE TRACT LOCATE ON THE WEST SIDE OF LUNA ROAD, APPROXIMATELY 300 FEET SOUTH OF LBJ FREEWAY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject site is part of a larger 66.08-acre tract located south of LBJ Freeway, east of the Elm Fork of the Trinity River, and west of Farmers Branch Creek and Luna Road. The present zoning of the site does not allow residential uses. A companion rezoning case proposes to rezone the 66.08-acre tract to a Planned Development District to establish new uses, development standards, and concept plan. If approved, the new district would allow for the filing of this site plan application for a mixed-use residential building. Volume 85, page 63 The request proposes a four-story residential building with a six-level parking garage. Retail and home office uses are proposed to occupy about 12 percent of the building's first floor fronting on the adjoining streets. The site is accessible from Luna Road via Mira Lago Boulevard, which currently provides access to the Omni Hotel. The existing segment of Mira Lago Boulevard will be extended and connected to the proposed segment of Lago Vista East to provide access to the proposed development. The applicant is proposing a range of open spaces such as the entrance plaza, the existing lakefront walkway, two private landscaped courtyards, and an outdoor swimming pool overlooking the lake. The peninsula tract has limited visibility from the major thoroughfares. The applicant is requesting two variances for the height of the development sign and the height of letters on the bell tower, which is located at the northeast corner of the proposed building. These deviations allow the developer to increase the visibility and better establish an identity for the peninsula tract. Besides the two sign variances, the proposed development complies with all standards proposed in the Planned Development District Ordinance. The Planning and Zoning Commission, by unanimous vote, recommends adopting Resolution No. 2001-004 approving the site plan application. Subsequent to the Planning and Zoning Hearing, the City Attorney has recommended that potential uncertainty in the enforcement of traffic laws could be avoided if the public access easements were dedicated as street right-of-way. Staff recommends the following condition be added to Planning and Zoning Commission's recommendation for approval: 1. The public access/utility easement shall be dedicated as street right-of-way when the property is platted. Paul Cheng, 6002 Rose Grove Court, Dallas, representing the Capstone American properties, LLC, gave a brief presentation on Lago Vista, Phase One. He stated it is a four-story building with residential units with elevators inside for the tenants and the garage is secured. Mr. Cheng showed the Council and audience a rendering of the Mira Lago project and explained the facade of the garage would be using the same material as the rest of the building so they will blend architecturally. The roof would be made out of concrete tiles and the cost of construction of this type of product would cost 50 to 60 percent more per square foot as compared to conventional shingles. He stated the first floor would be for retail and SoHo purposes. The garages will be secure with a gate and computer control access back into the buildings. Tenants will be able to park close to their floor and enter their perspective floor in the building. Volume 85, page 64 Mr. Cheng stated the architecture of the building would be Mediterranean style. The lakeside of the property will have a pool, and the trash collection will be inside the garage, not visible on the outside of the building. The project will have extensive landscaping and there will be an open plaza for parking spaces and artwork in the future. Councilman Bird asked Mr. Cheng about the specific piece of artwork. Mr. Cheng replied they have not picked out any artwork but explained that it had to be weather proof, something that would last, such as a metallic base sculpture. Councilman Bird explained to Mr. Cheng that Farmers Branch has a new public Art Association and maybe he would like to speak with the President, Janie Scarbrough for information on bronze sculptures. Mr. Cheng stated he would take that into consideration. Councilman Bird stated he would have Janie Scarbrough get in touch with him. Councilman Walden asked if the trees that were discussed earlier are well suited for the environment in this area. Mr. Pritchett replied they would be using Live Oak and Red Oak trees as street trees. He explained the trees in front of City Hall are Live Oak trees and they are very popular and common, and will work well in the soil type at that location. He stated they will have Cyprus trees on the edge of the water and they last for thousands of years. He stated these are the three best trees in North Texas except Cedar Elm, which will be used by the pool. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Walden all voting "aye," adopted Resolution No. 2001-004 approving the site plan application. D.2 CONSIDER ADOPTING RESOLUTION NO. 2001-003 APPROVING STREETS FOR INCLUSION IN THE STREET RESURFACING PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. An important element of the City's commitment to maintain its streets is the Street Resurfacing Program. The following streets have been recommended for asphalt resurfacing this year. STREETS: Alpha Road Birchlawn Drive Birchlawn Drive Brookhollow Drive Dennis Lane Epps Field Road Farmers Branch Ln. LIMITS: Welch Rd. to Railroad Spur Josey Ln. to Longmeade Dr. Amber Ln. to Valwood Pkwy. Webb Chapel Rd. to Valley View Ln. Josey Ln. to Fyke Rd. Leta Mae Ln. to 500' west of Tom Field Rd. Denton Dr. to Josey Ln. Volume 85, page 65 Lost Valley Lane Spur Trail Sunbeck Circle Sundown Trail Tom Field Road ALTERNATE STREETS: Emeline Drive Glenside Drive Pyramid Drive Springlake Brookhollow Dr. 300' south Webb Chapel Rd. to Brookhollow Dr. Josey Ln. to Josey Ln. Josey Ln. to Longmeade Dr. Farmers Branch Ln. to Valley View Ln. Webb Chapel Rd. to Longmeade Dr. Webb Chapel Rd. to Longmeade Dr. Longmeade Dr. to Amber Ln. West of IH-35 If approved by Council, notices will be sent to property owners abutting the streets to be resurfaced, including the alternate streets, and a Public Notice will be prepared for publication in local newspapers. The notification will inform residents of the petition process required to request a public hearing to discuss the procedures to be followed to have their street reconstructed with reinforced concrete in lieu of asphalt resurfacing. If a street is removed from the list, due to the residents request that their street not be resurfaced, a street from the alternate list will be selected to replace the deleted street. The estimated total cost for the resurfacing, including roto-milling, panel replacement, curb and gutter repair, and construction of barrier-free ramps is $967,000. The Non-Bond Capital Improvement Program has $1,039,000 available in the Resurfacing Program. The City Engineer recommends adopting Resolution No. 2001-003 approving the list of streets for resurfacing and initiating the notification of property owners. John Wells, 13521 Heartside Place, stated on Sunbeck Circle he noticed a board meeting sign. He suggested since the property was going to be developed that it would be a waste to resurface the street. Mr. Escalante stated the Council took action to deny the zoning request. He stated at this time the City does not know if the zoning application will be re-filed. Staff has had discussion with the applicant. Mr. Escalante stated Sunbeck Circle is on the list because the street does need to be resurfaced. Mr. Escalante asked Mr. Wells if he is implying that the street needs to be reconstructed. Mr. Wells stated as of two days ago, there were signs stating that it was to go before the Planning and Zoning Commission for reconsideration. Mr. Escalante explained there have been no new hearings scheduled for that street or applications for that project. Mr. Wells stated the signs needed to come down. Mayor Phelps stated the streets are arrived at by a point system based on the need of repair. It could be pulled at any time, if needed. Volume 85, page 66 Mr. Escalante stated he would ask that the signs be taken down. There being no further discussion, a motion by Councilman Robbs, seconded by Mayor Pro Tern Moses, all voting "aye," adopted Resolution No. 2001-003 approving the list of streets for resurfacing and initiating the notification of property owners. D.3 CONSIDER APPOINTMENT TO 'THE ANIMAL SHELTER ADVISORY BOARD AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The following member of the Animal Shelter Advisory Board has a term that has expired. Dr. Gerald Pendery 12/30/00 A motion by Mayor Phelps, seconded by Mayor Pro Tern Moses, all voting "aye," reappointed Dr. Gerald Pendery to the Animal Shelter Advisory Board for another term and authorized sending the appropriate letter. 1 D.4. CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. D.5 CITIZEN PARTICIPATION. John Wells, 13521 Heartside Place, stated he had two comments: (1) He stated there were no Council agendas for the Regular Council Meeting at the Study Session; and (2) He complained about the Conference Center and asked how it would benefit the City. Beth Crocket, 2702 Mount View, stated she has visited the Historical Park and noticed that behind the log house they are working on a garden area. She feels it is important for people to come out to the park and do their community service projects. She stated her concern is the volunteers' time is not being utilized to its fullest potential. She stated she is a certified horticulture tech and master gardener. She stated she feels in order to take full advantage of the volunteers there should be a volunteer or a member of staff who is familiar with the project. She is willing to volunteer herself for these kinds of projects. Ms. Crocket stated she offered her services before but staff has never contacted her. She also stated she would also like to see Farmers Branch do a community garden such as Coppell, and see programs such as these in the year 2001. Ms. Crocket stated she noticed the barn at the Historical Park had been burned and wanted to know if it was going to be replaced. Mayor Phelps stated Jeff Fuller would speak with her after the meeting. Volume 85, page 67 I MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:52 P.M. AND CONCLUDED AT 7:14 P.M. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1A DISCUSS LAND ACQUISITIONS - TEXAS OVERNMENT CODE SECTION 551.072. 1. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND HUTTON DRIVE (ALFRED CIRCLE) AND CONSIDERATION OF THE APPROVAL OF USE OF EMINENT DOMAIN AND TAKE APPROPRIATE ACTION. 2. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED IN THE 13000 BLOCK OF SENLAC AND PROPERTY LOCATED ADJACENT TO CITY PROPERTY AT 13333 SENLAC AND TAKE APPROPRIATE ACTION. Mayor Phelps explained staff was present to discuss this item with the City Council. 1 E.113 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. DISCUSS LITIGATION RELATIVE TO R. C. SMALL AND THIRD PARTY PLAINTIFF GROVES ELECTRICAL SERVICE, INC. AND AN AGREEMENT WITH R. C. SMALL AND ASSOCIATES, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps explained staff was present to discuss this item with the City Council. E.2 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on Executive Session. A motion by Mayor Pro Tern Moses, a second by Councilman Robbs, all voting "aye", authorized the City Manager to execute a Contract of Sale to purchase a 4.4082 acre tract of land for $300,000 for the construction of a fire station, administrative office and fire training center and pay all costs associated with the purchase and closing of the property. A motion by Councilman Bird, a second by Councilman Robbs, all voting "aye", authorized the final settlement to Groves Electrical Service, Inc. in the amount of $25,000 and to add this amount to the R. C. Small pending litigation. F.1 ADJOURNMENT. Volume 85, page 68 A motion by Mayor Pro Tern Moses, a second by Councilman Bird, all voting "aye", adjou d City Council meeting of January 8, 2001 at 9:02 P.M. Mayor City Secretary D Volume 85, page 69