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1998-07-13 CC Minutesr--1 I L 1 CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JULY 13, 1998 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Bob Phelps Charlie Bird Berry Grubbs Calla Davis James Robbs Bill Moses The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Groomer City Attorney John F. 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 Building Official Jim Olk City Engineer Jerry Murawski Director of Equipment Services Don Moore 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 Assistant to the City Manager John Roach Traffic Engineer Dave Davis Recording Secretary Suzanne Reynolds The following member of the City Administration was absent: Assistant City Manager John F. Burke Mayor Phelps called the City Council meeting of July 13, 1998 to order at 7:40 P.M. The meeting was televised. Volume 78, page 19 A.1 INVOCATION. Reverend Philip Reed, St. Andrews Episcopal Church gave the invocation and Councilman Robbs led the pledge of allegiance to the flag. A.2 CONSIDER ACCEPTING THIRD QUARTER DONATIONS TO THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Historical Preservation and Restoration Board recommends several donations be added to the inventory. Mr. Ron Doerler, Chairman of the Historical Preservation and Restoration Board, presented the following items for Council approval: Six dinner plates and six salad plates, circa 1800's, Haviland China from Mrs. Judy Cargill of Farmers Branch. A circa 1908 desktop school bell from Mrs. Nancy Dickerson of Farmers Branch. Two turn-of-the-century Michigan Central Railroad telegraph keys from Mr. Fred Benner of Farmers Branch. A circa 1930's exterior Missouri Kansas Texas Railroad light fixture and a oil can from Glenna Grimmer of Farmers Branch. A September 19, 1963 copy of the Suburban News from Mr. Ray Ogle of Carrollton. A circa 1900-1915 school desk from Ms. Jo Ann Wills of Dallas. The 1932 edition of the General Foods Cookbook from Mr. Fred Holt of Carrollton. A graniteware bedpan from Mrs. Bea Hightower of Cold Spring, Texas. The following record albums and books were donated: Guy Lombardo, Al Goodman, and Lawrence Welk circa 1947 record albums in memory of Helen Carol Brink Davis; Audel's New Electric Library. Vol. 9, by Frank D. Graham; Isaac Pitman's Complete Phonographic Instructor; Sam Houston: A Biography of the Father of Texas, by John Hoyt Williams; Big D: Triumphs and Troubles of an American Su ep rcity in the 20th Century, By Darwin Payne; The Story of the Texas Rangers, by Walter Prescott Webb; Texas Confederate Soldiers. 1861-1865, edited by Janet B. Hewett in memory of Walter E. Davis by Joanna Davis of Flower Mound. The Director of the Parks and Recreation Department recommends accepting the third quarter donations to the Historical Park. Volume 78, page 20 A motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," accepted the third quarter donations to the Historical Park with appropriate thank you letters to be sent. A.3 PRESENTATION BY KIM HOLLAND, PRINCIPAL OF R. L. TURNER Mr. Kim Holland, Principal of R. L. Turner High School, thanked the Mayor and City Council for their continued support of R.L. Turner High School. He also thanked the City for their help with the two state-of-the- art academies which will open in the fall of 1998. Mayor Phelps presented Mr. Holland with a Farmers Branch jacket. A.4 PRESENTATION OF SERVICE AWARD. Mayor Phelps presented a ten year employee service award to Angie Kelly of the Parks and Recreation Department. A.5 PRESENTATION OF BOARD APPLICATIONS. There were no applicants present. A.6 REPORT ON STUDY SESSION ITEMS. Mayor Phelps gave a brief summary of the items discussed in Study Session held prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.5. 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 Bird, seconded by Councilman Moses, all voting "aye," added item C.5 to the Consent Agenda. A motion by Mayor Pro Tern Bird, seconded by Councilwoman Davis, all voting "aye," adopted the following items on the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JUNE 8, 1998. B.2 APPROVED THE CITY COUNCIL MINUTES OF JUNE 22, 1998. B.3 APPROVED FINAL PLAT FOR CENTURA DEVELOPMENT CO., L.L.C., LOCATED ON THE SOUTHWEST CORNER OF SPRING Volume 78, page 21 VALLEY ROAD AND THE DALLAS NORTH TOLLWAY WITHIN THE PLANNED DEVELOPMENT NUMBER 75 (PD-75) ZONING DISTRICT. B.4 ADOPTED RESOLUTION NO. 98-085 APPROVING A PARTIAL RELEASE OF DEVELOPER'S CONTRACT WITH U.S. RESTAURANT PROPERTIES OPERATING, L.P. RELATIVE TO THE 1-35 BUSINESS PARK DEVELOPMENT. B.5 ADOPTED RESOLUTION NO. 98-086 APPROVING A PARTIAL RELEASE OF DEVELOPER'S CONTRACT WITH CONTINENTAL ILLINOIS NATIONAL BANK AND TRUST COMPANY, OF CHICAGO AND AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, RELATIVE TO DEVELOPMENT OF LOT 1, BLOCK A FARMERS BRANCH OFFICE PARK LOCATED AT THE NORTHWEST CORNER OF 1635 AND THE DALLAS NORTH TOLLWAY. C.5 APPROVED THE SITE PLAN OF ALLAN ZIDELL AND ERIC LAUB FOR A FOUR-STORY APARTMENT BUILDING CONTAINING 95 UNITS TO BE LOCATED AT 4070 SPRING VALLEY ROAD AND WITHIN THE PLANNED DEVELOPMENT NO. 64 (PD-64) ZONING DISTRICT. Mayor Phelps read the Consent Agenda items to the home audience and home viewers. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status of various projects and activities in the City. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF H. DRAKE LEDDY, ON BEHALF OF COLINAS CROSSING L.P., FOR A_SPECIFIC USE PERMIT TO ALLOW THE SALE OF ALCHOLIC BEVERAGES WITHIN THE DOUBLETREE CLUB HOTEL RESTAURANT TO BE LOCATED AT 11611 LUNA ROAD AND WITHIN THE PLANNED DEVELOPMENT NO. 60 (PD-60) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On June 8, 1998 a specific use permit was approved for a six-story, 160 room Doubletree Club Hotel on a 5.0 acre vacant tract located on the west side of Luna Road approximately 1,400 feet south of the LBJ Freeway. A specific use permit is now being requested to allow a restaurant with the sale of alcoholic beverages within the Doubletree Club Hotel. The restaurant and lounge area will occupy approximately 3,000 square feet of the hotel's first floor. The lounge area itself is approximately 545 square feet in area and will be partially screened from the lobby by opaque panels 48 inches tall. The specific use permit application for a restaurant with the sale of Volume 78, page 22 alcoholic beverages in the proposed Doubletree Club Hotel satisfies the requirements of the City ordinances regulating alcohol sales (Ordinance No. 1986 and Ordinance No. 2386). The Planning and Zoning Commission, by unanimous vote, recommends the specific use permit request be approved. Mayor Phelps opened the public hearing. Mr. Joe Palmieri, Doubletree Hotel Corporation, 5401 LBJ Freeway, Dallas, stated he was requesting Council's approval of Ordinance No. 2402 for the specific use permit to allow sale of alcoholic beverages at the Doubletree Club Hotel. A motion by Mayor Pro Tern Bird, seconded by Councilwoman Davis, all voting "aye," closed the public hearing. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2402 as recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR A RESTAURANT WITH A MIXED BEVERAGE PERMIT WITHIN A HOTEL LOCATED AT 1 161 1 LUNA ROAD AND WITHIN THE PLANNED DEVELOPMENT NO. 60 (PD-60) ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF KUKLOS, INC., ON BEHALF OF JEN'S PLACE RESTAURANT, TO AMEND AN EXISTING SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF AN EXISTING NON DRIVE-IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW LOCATED AT 4455 ALPHA ROAD AND WITHIN THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Jen's Place restaurant is located within the one-story office building at 4455 Alpha Road at the northeast corner of the Alpha Road and Omega Road intersection. The existing restaurant contains 2,612 square feet and seats 112 patrons. The applicant intends to expand the restaurant to accommodate 40 extra seats and increase the kitchen and food preparation areas and take out service area. The proposed expansion of the restaurant will allow the Volume 78, page 23 restaurant to occupy the entire 5,132 square foot building. The only change proposed to the exterior of the building is the extension of the existing awning across that portion of building into which the restaurant is expanding. No other alterations to the building's exterior, parking or landscaping are proposed. Additional parking to accommodate the expanded dining room is provided through an agreement with the adjoining property to the north. The Planning and Zoning Commission, by unanimous vote, recommends the specific use permit and associated site plan be amended as requested. Mayor Phelps opened the public hearing. Mr. Barry Knight, 5400 Renaissance Tower, Dallas, representing Kuklos, Inc. the owner of the property, presented an overview of the project and requested Council's approval of the specific use permit and associated site plan. He stated he would be available to answer any questions the Council may have. He also stated Jennifer Maroulis, James and Pamela Christon of the Christon Company were present to answer any questions the Council may have. A motion by Councilman Moses, seconded by Councilman Grubbs, all voting "aye," closed the public hearing. There being no further discussion, a motion by Mayor Pro Tern Bird, seconded by Councilwoman Davis, all voting "aye," adopted the following captioned Ordinance No. 2404 amending the existing specific use permit and site plan as recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, SO AS TO AMEND AN EXISTING SPECIFIC USE PERMIT TO ALLOW FOR THE EXPANSION OF A NON DRIVE-IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW LOCATED AT 4455 ALPHA ROAD AND WITHIN THE LIGHT INDUSTRIAL (LI) ZONING DISTRICT; REPEALING ORDINANCE NO. 2166; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDNG FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. C.4 CONSIDER THE REQUEST OF MOBIL FOR APPROVAL OF A CONCEPT PLAN AND ASSOCIATED SITE PLAN FOR A FIVE-STORY OFFICE BUILDING LOCATED AT 13777 MIDWAY ROAD AND WITHIN THE PLANNED DEVELOPMENT NO. 64 (PD-64) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed Volume 78, page 24 location is a vacant, 26.44 acre tract located southwest of the existing Mobil research and development facility at 13777 Midway Road. The proposed development includes a five-story office building containing 432,537 square feet of gross floor area. All associated parking will be at- grade, surface parking; there is no parking garage. Approximately 5.6 acres of the site will be preserved as landscaping and open space. Development of the proposed office project will entail demolition and reconstruction of the existing parking lot located west of the research and development facility. Consequently, a temporary parking lot will be built south of the existing building to meet parking needs during construction. Once the project is complete the temporary lot will be removed. Accompanying the site plan is an updated Concept Plan which reflects all development approved within the entire PD-64 district. The Concept Plan also identifies specific traffic improvements related to the proposed office development as well as the future bridge across Farmers Branch Creek linking Parkside Boulevard to the westward extension of Sigma Road. The Planning and Zoning Commission, by unanimous vote, recommends approval of the concept plan and associated site plan for the proposed five-story office building with the following conditions. 1. The temporary parking lot south of the existing research building shall be removed upon completion of permanent parking facilities indicated on the site plan sufficient for both the new office building and the research building and prior to a final Certificate of Occupancy being issued for the new office building. 2. A landscape/irrigation plan shall be submitted and approved by staff before issuance of any Certificate of Occupancy. Mayor Phelps opened the public hearing. Mr. Rick Ferrara, architect for the project, 445 E. Walnut Street, Richardson, Texas, stated he would be available to answer any questions regarding the project. Mrs. Ruth Alhilali, 2801 N. Sunbeck Circle, asked what provisions were in the site plan for drainage water on the site including the parking lot. Mayor Phelps stated there are on-site detention ponds. Mr. Ferrara stated there will be two large on-site detention ponds to ensure there will be no increased water run-off than what currently exists on the site in its undeveloped state. Mayor Phelps stated any new construction on the east side is required to have on-site retention ponds. Volume 78, page 25 Mr. Escalante stated the regulations the Mayor cited applies to the Mobil tract. He stated there is a special provision on the Mobil tract and is the largest tract of land available for development. He stated the developer is required to submit a drainage plan. Councilwoman Davis stated the site plan shows several parking lots. Mr. Ferrara stated the parking lots proposed meet city standards and the parking shown is more then adequate for Mobil's needs. Councilwoman Davis asked why Mobil did not build a parking garage. Mr. Ferrara stated it was cost effective to construct surface parking. There being no further discussion, a motion by Councilwoman Davis, seconded by Mayor Pro Tern Bird, all voting "aye," adopted Resolution No. 98-084 approving the concept plan and associated site plan with the conditions recommended by the Planning and Zoning Commission. C.5 CONSENT. Mr. Escalante stated this item was on consent but a question was asked concerning the drainage plan incorporated in this concept. Mr. Jerry Murawski, City Engineer, stated the detention facilities have already been installed as part of the overall development. It has been accounted for in the calculations. The detention facilities are there. D.1 CONSIDER THE ADOPTION OF ORDINANCE NO. 2403 AMENDING THE VEHICLE PARKING CODE TO PROVIDE FOR SPECIAL EXCEPTIONS TO THE SCREENING REQUIREMENTS AND TAKE APPROPRATE ACTION. Mayor Phelps presented the following information. In 1997, in response to community concerns, the City Council adopted several new regulations which were designed to improve the appearance and enhance quality of life in the residential neighborhoods. The Vehicle Parking Code is one of the new codes that is aimed at improving neighborhood appearance by limiting and controlling the parking and storage of vehicles at a residence. Some of the more frequently asked questions regarding general parking regulations are: an a vehicle be parked on the arass or lawn area? No. All vehicles must be parked on an improved surface. An improved surface is concrete, paving stones, brick pavers, and in certain cases gravel may be used in the rear yard when screened. Previously grandfathered gravel driveways may also be used. What type of vehicles are prohibited in a residential neighborhood? Large commercial vehicles, inoperable and junk vehicles, semi-tractor Volume 78, page 26 trailers, farm machinery, and construction equipment are among the vehicles that cannot be stored in residential neighborhoods. How many vehicles can be parked at a house? The number of vehicles that may be stored at a residence is limited to either 5, or 2 more that the number of licensed drivers living at the residence, whichever is greater. Built into the Vehicle Parking Code are the regulations that govern the parking of recreational vehicles and utility trailers. At the Community Meetings this spring several residents voiced concerns that the limitations on recreational or "special" vehicles and utility trailer parking were too restrictive and would require many residents to either sell their vehicles or to store them outside of the city. Because of the concerns that were raised the City Council agreed to review the parking requirements. After an extensive study it appears that the vast majority of recreational vehicles and utility trailers can be stored in compliance with the original provisions in the Vehicle Parking Code. However, a number of properties could benefit from an amendment that would allow a special exception or waiver of the screening requirements that are established in the Code. Some of the questions that were raised regarding recreational or "special" vehicles and utility trailer parking were: What are special vehicles and utility trailers? Special vehicles are motor homes, campers, camper shells, boats, RVs, fifth wheel trailers and other similar vehicles. Utility trailers are flat bed trailers, box trailers, car carriers, wheeled towing frames, goose neck trailers, truck beds mounted on a trailer chassis, boat trailers without a boat and similar vehicles. Where can a special vehicle or utility trailer be stored? Special vehicles and utility trailers can be stored in a garage or, in most cases, on an improved surface in the side yard or rear yard of a residential lot. Does a special vehicle or utility trailer have to be parked behind a fence? Special vehicles and utility trailers must be screened from view by a six- foot high fence, wall, hedgerow or combination of the above unless it is parked in the side or rear yard on a driveway that leads to a garage in the rear. The City Council is tonight considering amending the ordinance to allow special exceptions to the screening requirements for properties with limited side yard space or other property limitations. If a special or recreational vehicle is currently parked in the front yard, does it have to be moved? Volume 78, page 27 Current residents who owned and stored a special vehicle in the front yard when the ordinance was adopted (June 16, 1997) are "grandfathered" for 5 years, until June 16, 2002. "Grandfathered" means that a special vehicle may continue to be parked in the front yard on an improved surface until June 16, 2002. After that date, special vehicles must be stored in conformance with the ordinance. Are utilitv trailers in the front vard "arandfathered"? No. Utility trailers must comply with the parking regulations and are not covered under the five year "grandfather" clause. Utility trailers must be stored legally somewhere other than the front yard. Is a permit reauired to be "arandfathered"? To keep track of the "grandfathered" vehicles, a permit or registration will be required. The vehicle will be identified by a decal or I.D. tags. There is no charge for this registration and the registration will be renewed annually. The City will send permit notices to all residents that have "grandfathered" vehicles. If there is more than one special vehicle in the front yard, do the others have to be moved out of the Citv? No. Additional special vehicles may be stored on site but they must be stored in conformance with the parking regulations. Only one special vehicle is "grandfathered" and allowed to remain in the front yard until 2002. Once again, because of the concerns that were raised at the Community Meetings a change to the ordinance is being considered. The proposed change will allow more properties to store their vehicles in compliance with the intent of the ordinance while not having to meet all of the established screening requirements. Some questions that were raised regarding the proposed change are: What are the proposed changes to the ordinance? The proposed changes would allow for special exceptions to the six foot high fence, wall or hedge requirements for those vehicles that would not fit if the side yard or rear yard if the screening fence or wall was in place. The special exception could be granted to a current resident who owned and stored a special vehicle or utility trailer at the residence at the time of the adoption of the original ordinance (June 16, 1997). What will be considered in evaluating a request for special exception? Before a special exception is granted the neighbors within 100 feet will be notified. The Director of Community Services will not issue a special exception if it will create a negative impact on the neighborhood. The determination can be appealed to the Zoning Board of Adjustment. Volume 78, page 28 How long is the special exception valid? The special exception would be good as long as the resident lives in the house or until the vehicle is sold. Are there any other conditions that go along with the special exception? A vehicle parked in the side yard cannot obstruct a door or emergency escape window on the house. The vehicle cannot project above the roof on the front of the house. Special vehicles must be parked five feet back from the corner of the house, and all vehicles must be maintained in generally good condition. Other conditions may be imposed based on specific site conditions. Does the special exception expire or can it be revoked? The special exception only expires when the vehicle is no longer stored at the residence or when the resident moves. If the vehicle is not stored in conformance with the conditions of the special exception it may be revoked. Otherwise, the special exception may be renewed indefinitely. The amendment, as proposed, would allow a greater number of residents to relocate their vehicles into the side or rear yard, without having to meet all of the prescribed screening requirements, and still meet with the overall goals of improved neighborhood appearance. Staff recommends that the City Council adopt Ordinance Number 2403 which amends the Vehicle Parking Code to allow special exceptions to the screening requirements for special vehicles and utility trailers that meet specific requirements. There was a lengthy discussion on proposed Ordinance No. 2403. The following people spoke in opposition to the ordinance. Richard Scoggins 13309 Shahan Gerald Smith 2776 Leta Mae Circle James Hutcherson 2972 Lavita Ed Boshers 2669 Squire Place Richard Crowley 2909 Selma Lane H.R. Bob Curry 13729 Birchlawn Norman Harding 2859 Joanna Drive E. J. Peters 2667 Leta Mae Steven D. Sims 13806 Heartside Place Bill Mitchell 13640 Little Crest David R. Traynor 2524 Fieldale Drive Bill Elsberry 13659 Heartside Place George W. Mills 3040 Topaz Lane A.J. Davis 13636 Littlecrest Jeffrey M. Johnson 14511 Dennis Lane Linda Eakle 3811 Crestpark Deborah Newland 13769 Heartside Jim Fields 13505 Glenside Drive Volume 78, page 29 James Salhany Jerry Squyres David Porter James Wallace Mary McKay Judy R. Ellis R.E. Weber Clifton B. Laird Alvin Plachy Frances Impellizzeri Mildred Rogers Roy Cannon 13641 Heartside Place 3950 Spring Valley 2947 Marsann Lane 3366 Pebble Beach 3421 Goldendale Drive 2923 Selma Lane 3506 Chellen Drive 13518 Janwood 2922 Ermine Way 2947 Marsann Lane 14440 Shoredale 2564 Greenhurst The following people were in support of Ordinance No. 2403. Ed Bonneau 2710 Farmers Branch Lane A gentleman who spoke did not identify himself and stated he was opposed to this ordinance. Mr. Soren Hasfjord, 13718 Janwood Lane, stated he was confused about Ordinance No. 2325 and proposed Ordinance No. 2403. He stated he is opposed to the new ordinance. Mr. Escalante stated Ordinance No. 2325 is currently in effect. Ordinance No. 2403 is the amendment presented on the agenda. Mrs. Earlaine F. Mayes, 2640 Greenhurst Drive, stated she has junk cars parked in front of her house. Mayor Phelps replied he would have staff contact her. Councilman Robbs stated he owns a motor home and has lived in Farmers Branch since 1964. He stated he keeps his motor home stored in a secured place and is in favor of the ordinance because the Council has a vision for a bigger and better city. Councilman Grubbs stated he received numerous calls on this issue. He read a letter from a resident who is in favor of the proposed ordinance. A motion was made by Councilman Grubbs, seconded by Councilman Robbs, to adopt Ordinance Number 2403 which amends the Vehicle Parking Code to allow special exceptions to the screening requirements for special vehicles and utility trailers that meet specific requirements with the amendment that the 100 foot notification range be increased to 200 feet. At this time, the Mayor asked the Chief of Police to please remove Mildred Rogers from the Chambers for speaking continually out of order. Mayor Pro Tern Bird stated he understands Mrs. Rogers position but he Volume 78, page 30 said he and Mrs. Rogers do not agree on everything and have different opinions. Mayor Pro Tern Bird stated he spent ten days traveling in a motor home with friends. He stated when they returned his wife informed him they would have to get a motor home. Mayor Pro Tern Bird stated if he does purchase a motor home, he will obey any ordinance of the City of Farmers Branch. Mayor Pro Tern Bird stated there are no perfect ordinances to please everyone. He stated the City needs to come up with something that will help everyone. He stated he would like to protect the people who were in compliance with the ordinance eight to fifteen years ago. He stated he feels this has been taken care of with the grandfather clause. He stated he has a concern with the special exceptions and asked Mr. Olk to explain. Mr. Jim Olk, Building Official, stated if the Community Services director grants special exceptions, the vehicle must meet certain provisions and not exceed 30 feet in length unless the Council chooses to amend the ordinance. Mayor Pro Tern Bird asked if the vehicle is stored in the backyard can it be longer than 30 feet. Mr. Olk stated if a special vehicle is stored in the backyard and in compliance with the ordinance, without the special exception, there is no maximum length. Mayor Pro Tern Bird asked if the ordinance could be reviewed in five years. Mr. Olk replied the ordinance could be reviewed whenever the Council chose to review it. Mr. Escalante stated the length of the vehicle specified in the ordinance as proposed of 30 foot or less, allows the Director of Community Services to issue a special exception which relaxes the screening requirement. Mr. Escalante explained, if the Council wants to allow special exceptions to those vehicles over 31 feet, then the Council would have to amend the ordinance replacing the 30 foot with the desired footage. He stated in this ordinance staff does not have the discretion to deal with. He stated in terms of five years exceptions, an ordinance can be reviewed in the interim. The current ordinance provides special exceptions continue until the vehicle is replaced or people move. Mr. Escalante stated in reference to recreation vehicles, the special vehicles, there is a five year grandfathering period. Unless Council takes other action in the year 2002, those would expire and individuals would have to take action and comply with the ordinance. Volume 78, page 31 Councilwoman Davis stated she has mixed feelings about the ordinance. She feels the City is putting hardships on residents that have lived in Farmers Branch for many years. She stated she knows the intent of the ordinance is to keep residents homes safe and secure. Councilwoman Davis stated she has heard many comments and feels the ordinance is not working for them. She stated as a Councilmember she has to listen and do the best she can. Councilwoman Davis stated she feels this ordinance is not working and there are residents who have lived here for too many years and this ordinance creates a hardship. She stated she does not have the best answers and feels that staff has work hard to come up with an ordinance that would work. She also stated she would like to encourage young people to work and live in Farmers Branch. For these reasons, she does not feel she can support the ordinance. Mayor Pro Tern Bird stated the City needs to change the ordinance. He stated he is not very comfortable at the time passing the entire ordinance. A motion was made by Mayor Pro Tern Bird to table the item, the motion died for lack of second. There being no further discussion a motion by Councilman Grubbs, seconded by Councilman Moses, with Councilman Robbs, Councilman Grubbs and Councilman Moses all voting "aye," and Councilwoman Davis and Mayor Pro Tern Bird, voting "nay," adopted the following captioned Ordinance Number 2403 which amends the Vehicle Parking Code to allow special exceptions to the screening requirements for special vehicles and utility trailers that meet specific requirements with the amendment that the 100 foot notification range be increased to 200 feet. The motion carried with a 3 to 2 vote. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 3, SECTION 7 AND SECTION 8 OF ORDINANCE NUMBER 2325, THE VEHICLE PARKING CODE, PROVIDE FOR SPECIAL EXCEPTIONS TO THE SCREENING REQUIREMENT FOR SPECIAL VEHICLES AND UTILITY VEHICLES; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. D.2 WITHDRAWN. D.3 CONSIDER ADOPTING RESOLUTION NO. 98-080 AWARDING BIDS Volume 78, page 32 FOR ONE REPLACEMENT 3.25 CUBIC YARD WHEEL LOADER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Bid requests for one replacement 3.25 cubic yard Wheel Loader were sent to nine vendors on May 15, 1998. Six vendors submitted bids that were opened on June 1, 1998. The lowest bid meeting specifications was submitted by Moody-Day, Inc. for a total cost of $99,484.35. The Public Works Department Fixed Asset budget includes $130,000.00 for the purchase of this unit. The Street Department will use this equipment to load backf ill material at job sites. The current machine will be sold at public auction. The Directors of Equipment Services and Public Works recommend adopting Resolution No. 98-080 awarding the bid for one replacement 3.25 cubic yard Wheel Loader to Moody-Day, Inc. for the amount of $99,484.35. There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Councilman Grubbs, all voting "aye," adopted Resolution No. 98-080 awarding the bid for one replacement 3.25 cubic yard wheel loader to Moody-Day, Inc. D.4 CONSIDER ADOPTING RESOLUTION NO. 98-092 AWARDING THE BID TO REBCON, INC. FOR THE HUTTON DRIVE AND ALPHA LINK PAVING PROJECTS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The paving of Hutton Drive south of Valley View Lane and the realignment of Alpha Link at its intersection with Alpha Road are budgeted in the 1997-98 Non-Bond Capital Improvement Program in the total amount of $213,000. A portion of the funding is provided from developers adjacent to each street. Five bids were received and opened on July 2, 1998. The low bid was submitted by Rebcon, Inc. in the amount of $339,476. Rebcon, Inc. has provided adequate qualifications and references for similar work. Based on the cost sharing provisions of the developer's contracts with the adjacent developers, the developers have provided additional funding in the amount of $41,351.50. Additional funding from the City is needed in the amount of $85,124.50. Funds are available from the Non- Bond Capital Improvement Program Fund contingencies for the additional funding for the City share of the improvements. The City Engineer recommends adopting Resolution No. 98-092 awarding the bid for paving Hutton Drive and Alpha Link to Rebcon, Inc. in the amount of $339,476. Councilman Grubbs asked if the increase is typical of construction costs. Volume 78, page 33 Mr. Jerry Murawski, City Engineer, stated costs are very difficult to predict in today's market. Councilman Grubbs asked about the cost sharing which provides for the owner to pay half of the cost on Hutton Drive without a limit but on Alpha Link limited Granite's share at a maximum cap. Mr. Murawski replied that was correct and both developers have given a check to the City for their share of the project. There being no further discussion, a motion by Councilman Grubbs, seconded by Mayor Pro Tern Bird, all voting "aye," adopted Resolution No. 98-092 awarding the bid for paving Hutton Drive and Alpha Link to Rebcon, Inc. D.5 CONSIDER ADOPTING RESOLUTION NO. 98-087 AWARDING THE BID FOR THE DENTON DRIVE WATER LINE IMPROVEMENTS PROJECT TO WRIGHT CONSTRUCTION CO. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 1997-98 DART Local Assistance Program budget includes $2,230,000 for the City's participation in the reconstruction of Denton Drive of which $1,100,000 is allocated for the installation of a new water line in Denton Drive. There is an existing water line in Denton Drive that conflicts with the proposed reconstruction of Denton Drive. The new water line will be installed so that the existing water line can be removed. The reconstruction of Denton Drive is scheduled to be bid by Dallas County in the fall of 1998 with construction to start in January 1999. The street reconstruction is anticipated to be completed in 2000. Seven bids were received and opened on June 25, 1998, all bids met specifications. The low bid was received from Wright Construction Co. in the amount of $826,667. The contract time is 180 calendar days. Wright Construction Co. has provided adequate qualifications and references for similar work. The City Engineer recommends adopting Resolution No. 98-087 awarding the bid for the water line improvements in Denton Drive to Wright Construction Co. in the amount of $826,667. There being no discussion, a motion by Councilman Grubbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 98-087 awarding the bid for the water line improvements on Denton Drive to Wright Construction Co. in the amount of $826,667. D.6 CONSIDER ADOPTING RESOLUTION NO. 98-088 APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Dallas Area Rapid Transit has initiated a Major Investment Study to plan rail service in the northwest quadrant of their service area, including Farmers Branch. Volume 78, page 34 The City of Farmers Branch has a vital interest in the implementation of rail transit service in the Union Pacific corridor. City Staff has received a proposal from Ronald L. Thorstad of Kimley- Horn and Associates, Inc., to provide technical transit engineering assistance during the Major Investment Study. As part of the proposal Kimley-Horn and Associates, Inc., will provide planning for transit feeder routes, prepare technical data, participate in planning analysis and assess DART ridership and planning projections. The Traffic Engineer recommends that the City Council adopt Resolution No. 98-088 authorizing a professional services agreement with Kimley- Horn and Associates, Inc., for a total contract amount not to exceed $20,000. There being no discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 98-088 authorizing a professional services agreement with Kimley-Horn and Associates, Inc. D.7 CONSIDER ADOPTING RESOLUTION NO. 98-090 AWARDING THE BID TO GIBSON AND ASSOCIATES FOR THE PAVING AND DRAINAGE IMPROVEMENTS AT MARSH LANE AND VALLEY VIEW LANE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Paving and drainage improvements on Marsh Lane and Valley View Lane are budgeted in the 1997-98 DART Local Assistance Program fund. The project entails the construction of turn lanes on both Marsh Lane and Valley View Lane to reduce potential traffic congestion when the new Justice Center is open. Three bids were received and opened on June 23, 1998. The low bidder was Gibson and Associates with a bid amount of $83,291.20. The contract time for this project is 60 calendar days. Gibson and Associates has provided adequate qualifications and references on similar projects. Construction of this project is expected to begin in August 1998 and be completed in October 1998. The project budget is $65,000. Additional funds are available to fully fund the project from the DART Local Assistance Program Reserve for Future Projects. The City Engineer recommends adopting Resolution No. 98-090 awarding the bid for the paving and drainage improvements at Marsh Lane and Valley View Lane to Gibson and Associates in an amount of $83,291.20. Mayor Phelps asked where are the lanes being built. Mr. Murawski stated the lanes are the turn lanes to move traffic in and out of the Justice Center. He stated there will be a median opening on north bound Marsh at the Justice Center. The existing median opening on Volume 78, page 35 Valley View Lane, east of Marsh Lane, will be reconstructed and a new median opening will be constructed at the east entry to the Justice Center. Mayor Pro Tern Bird asked about additional right turn lanes. Mr. Murawski replied the right turn lane is actually a deceleration lane to the entry of the Justice Center on Marsh Lane. Referencing the question on Item D.4 regarding construction costs, Mr. Murawski stated that unpredictability in construction cost is the availability of concrete. It is in short supply. Councilman Grubbs asked if there will be a median cut across Marsh Lane. Mr. Murawski replied there will be a median cut to allow only police vehicles to exit southbound on Marsh Lane. There be no further discussion, a motion by Councilman Moses, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 98-090 awarding the bid for the paving and drainage improvements at Marsh Lane and Valley View Lane to Gibson and Associates in an amount of $83,291.20. D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mr. Escalante stated he and several staff members attended the Texas City Management Association Conference. He stated legislation, attorney general's opinions, and new methods in management were covered. He stated he felt the conference was very helpful. Councilwoman Davis stated she serves as a member of the TML Legislative Policy Committee on Public Safety and needs to attend a one-half day seminar on August 3, 1998. She stated she would be back in time for the Council meeting. A motion by Mayor Pro Tern Bird, seconded by Councilman Robbs, all voting "aye," approved travel for Councilwoman Davis to Austin on August 3, 1998 to serve on the TML Legislative Policy Committee on Public Safety. Councilwoman Davis stated she would like to ask permission for the City Council and Mr. Escalante to attend the National League of Cities Conference in Kansas City in December. A motion by Councilwoman Davis, seconded by Mayor Pro Tern Bird, all voting "aye," approved travel for the City Council and Mr. Escalante to attend the National League of Cities Conference in Kansas City in December. Volume 78, page 36 D.9 CITIZEN PARTICIPATION. Mr. David Sholman, 2533 Farmers Branch Lane, stated he is concerned with the temporary closing of Ford Road and feels there should be no barriers placed on a public road. He stated the closing is a great inconvenience for his family, a safety issue, and asked the Council to remove the barriers tonight. Mayor Pro Tern Bird stated there is a newspaper entitled The New SR Texas and for the second year in a row has listed Farmers Branch Senior Center as the best place to dance. He stated that was outstanding. Councilman Moses stated he would like to donate his rebate check to the Concerned Citizens of Farmers Branch organization. Councilman Grubbs also stated he would like to donate his rebate check to the Concerned Citizens of Farmers Branch organization. Mayor Pro Tern Bird, Councilman Robbs, and Mayor Phelps all stated they also would like to donate their rebate check to the Concerned Citizens of Farmers Branch organization. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 3:30 P.M. STUDY SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:00 P.M. AND ADJOURNED AT 7:20 P.M. FOR THE GENERAL SESSION AND RECONVENED AFTER GENERAL SESSION AT 11:30 P.M. AND CONCLUDED AT 11:59 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.1 a DISCUSS PERSONNEL MATTERS -TEXAS GOVERNMENT CODE - SECTION 551.074 DISCUSS REMOVAL OF VALWOOD IMPROVEMENT AUTHORITY MEMBER FOR PLACE 1. 2. DISCUSS APPOINTMENT TO THE LIBRARY BOARD. 3. DISCUSS APPOINTMENT OF A CRIMEWATCH DIRECTOR. 4. DISCUSS APPOINTMENT TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS. 5. DISCUSS APPOINTMENT TO THE ANIMAL SHELTER ADVISORY COMMITTEE. Mayor Phelps and members of the City Council discussed personnel matters. Volume 78, page 37 E.1 b DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE - SECTION 551.072 DISCUSS REQUEST BY MR. JOE HAY FOR REIMBURSEMENT OF MOVING EXPENSES FROM PROPERTY CITY ACQUIRED AT 12705 DENTON ROAD AND TAKE APPROPRIATE ACTION. Mayor Phelps and members of the City Council discussed possible land acquisition. E.1 c DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE - SECTION 551.071 PENDING LITIGATION THE CITY OF FARMERS BRANCH VS. ROBERT K. THOMAS (LAND ACQUISITION OF PROPERTY LOCATED AT 4205 MCEWEN ROAD). Mayor Phelps and members of the City Council discussed possible pending litigation. E.1 d DISCUSS THE LEASE OF REAL PROPERTY - TEXAS GOVERNMENT CODE - SECTION 551.075 RECEIVE EMPLOYEE REPORT. DISCUSS "LANDFILL OPERATING AND ASSET SALE AGREEMENT" - STAFF BRIEFING. Mayor Phelps and members of the City Council received a staff report on the landfill. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on personnel matters. A motion by Councilwoman Davis, a second by Councilman Robbs, all voting "aye", to remove Anthony Venturi from the Valwood Improvement Authority serving in Place 1. A motion by Councilman Moses, a second by Mayor Pro Tem Bird, all voting "aye", moved Betsy Armstrong from Alternate Place 2 to Place 6 on the Library Board. Mayor Phelps stated the appointment of a Crimewatch Director would be Volume 78, page 38 postponed until the August 3, 1998 City Council meeting. A motion by Mayor Pro Tern Bird, a second by Councilwoman Davis, all voting "aye", appointed Ross Bumpass to serve as Alternate Place 1 with a term to expire December 1, 1999, moved Herbert Hooker to Alternate Place 2 position for a term to expire December 1, 1998, moved Clyde James to Place 2 with a term to expire on December 1, 1998, and moved Bruce DeGrasse to Place 1 on the Zoning Board of Adjustment and Building Code Board of Appeals for a term to expire on December 1, 1999. A motion by Councilman Grubbs, a second by Councilwoman Davis, all voting "aye", appointed Al Black to the Animal Shelter Advisory Committee in Place 3. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN EXECUTIVE SESSION. Mayor Phelps called for necessary action on land acquisition. A motion by Councilman Grubbs, a second by Councilwoman Davis, all voting "aye", denied the request of Mr. Joe Hay for reimbursement of moving expenses from property city acquired at 12705 Denton Road. E.4 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on pending litigation. A motion by Councilman Robbs, a second by Councilman Moses, all voting "aye", approved the deposit of $62,306 into the Dallas County Court registry to acquire the property located at 4205 McEwen Road for use as right-of-way in the Midway Road Widening project. E.5 CONSIDER NECESSARY ACTION IN THE LEASE OF REAL PROPERTY AND RECEIVE EMPLOYEE REPORT. Mayor Phelps stated City Council received a staff report on the landfill and no action was necessary. F.1 ADJOURNMENT. A motion by Councilwoman Davis, a second by Councilman Robbs, all voting "aye," adjourned the City Council meeting of July 13, 1998, at Volume 78, page 39 11:59 p.m. Mayor i City Secretary I Volume 78, page 40