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1993-04-19 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING APRIL 19, 1993 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Dave Blair Mayor Pro Tem Bob Phelps Councilmembers Jeff Binford Calla Davis Ron Pyle Bill Moses The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Steve Carpenter Assistant City Manager John Burke City Attorney John Boyle City Secretary Ruth Ann Parish Communication Director Donna Huerta Economic Development Director Norma Nichols Director of Community Services Tom Scales City Engineer Jerry Murawski Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Fire Chief Kyle King Director of Public Works Mark Pavageaux City Management Assistant David Reedy Traffic Engineer Dave Davis Recording Secretary Cindee Peters Mayor Blair called the City Council Meeting of April 19, 1993 to order at 7:30 P.M.. The meeting was televised. Vol. 64, Page 41 A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. MAYOR'S ANNOUNCEMENT Mayor Blair stated the City does not usually take sides on political issues. Mayor Blair explained he had two issues he wanted to address concerning the Constitutional Amendment on the ballot concerning school financing. Mayor Blair stated if voters vote "yes" for this amendment they will lose the property exemption and senior citizen exemption on taxes. Mayor Blair explained the courts found this taxation unconstitutional and the voters must decide if this issue will be a constitutional amendment. Mayor Blair stated public schools will not be closed if this proposed amendment fails. Mayor Blair stated the Masonic Lodge is having open house on May 1, 1993 from 2 p.m. to 5 p.m. Mayor Blair read a proclamation proclaiming May 1, 1993 as "James A. Smith Masonic Lodge Day", and presented it to Mr. Joe Evans, Master of the James A. Smith Masonic Lodge. A.2 PRESENTATION OF BOARD APPLICATIONS. No one presented an application A.3 PRESENTATION OF PROCLAMATION PROCLAIMING APRIL 18 - 24, 1993 AS NATIONAL VOLUNTEER WEEK. Mayor Blair explained many citizens of Farmers Branch volunteer in many capacities to help society. Mayor Blair read a proclamation proclaiming April 18-24, 1993 as "National Volunteer Week". A.4 CONSIDER ACCEPTING A $1,500 DONATION FROM QUEBECOR PRINTING INC. FOR A WATER QUALITY EDUCATIONAL PROJECT AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Each year Quebecor Printing Inc. located at 4800 Spring Valley Road in Farmers Branch, sponsors an annual environmental project. This year Quebecor asked the City staff to suggest an environmental project that Quebecor could sponsor financially. The staff suggested that Quebecor fund a water quality educational project for Farmers Branch which will coincide with similar educational programs in many area cities. This program has been developed by area cities and the North Central Texas Council of Governments. It is a program designed to remind citizens that storm water inlet boxes Vol. 64, Page 42 along streets are connected to our creeks and that dumping trash, liquid waste, or other items into inlet boxes (curbside drains) pollutes our creeks and waterways. The program consists of public educational announcements and the stenciling of words and symbols onto storm water inlet boxes reminding people that if they dump they pollute. Quebecor will donate $1500 to the City for the expenses of this program. The City Staff recommends that the City accept Quebecor's $1,500 donation for a water quality educational project. Mr. Martin Bowers of Quebecor stated his company employs over 500 people. Mr. Bowers stated April 22 is EARTH DAY and Quebecor Printing would like to contribute $1500 to the City for a water quality educational project. Mr. Lawrence Texada, Project Manager, presented Mayor Blair with a check for $1500. Mayor Blair thanked Mr. Bowers and Mr. Texada for their donation to the City for a water quality educational project. A motion by Mayor Pro Tem Phelps, a second by Councilwoman Davis, all voting "aye", accepted Quebecor's donation. A.5 PRESENTATION OF 1993 MAYOR'S SCHOLARSHIP AWARDS BY THE TOWN NORTH NATIONAL BANK. Mayor Blair introduced Mr. Fred Ferguson, President and Chief Executive Officer, of the Town North National Bank. Mr. Fred Ferguson stated he would like to introduce to Mayor Blair and the members of the City Council the 1993 recipients of the Mayor's Scholarship Award. Mr. Ferguson stated Scott Creech plans to attend SMU College and major in computer science. Scott has already received 12 hours of college credit by attending Brookhaven College at night. Scott has been on the honor roll all 4 years. Mr. Ferguson stated Vandenn Krouch plans to attend the University of Texas at Austin to become an engineer. Vanden came from Cambodia 13 years ago and in February became a U. S. citizen. Mr. Ferguson stated Vanden tutors elementary school children through Bea's Kids. Vanden has also been on the honor roll all 4 years. Mayor Blair congratulated both students on their accomplishments at R. Turner High School and wished them the very best in furthering their education. A.6 PRESENTATION OF APPRECIATION PLAQUE TO CITY RETIREE LUE WHEELER OF THE FINANCE DEPARTMENT Mayor Blair announced that Mrs. Wheeler could not be present tonight due to the death Vol. 64, Page 43 of her mother. Mayor Blair presented the following information. Lue Wheeler began her career with the City of Farmers Branch on May 17, 1965, as a Clerk Typist in the Finance Department at a whopping salary of $300 per month! During her employment with the City she has held the titles of Accounting Clerk, Secretary, Account Clerk III, and Administrative Secretary. She has been Accounts Payable Specialist since July of 1988. Lue's current responsibilities include processing and issuing the City's 2,200 accounts payable and payroll checks per month for a total of $3 million each month. Citizens may recognize her from the City Council elections, which she conducted for 15 years. Lue is a very dedicated person and has been a valuable asset to the city. She will truly be missed by all. We wish her the best in her retirement. Lue enjoys fishing and reading. She and her husband Brooks live in Carrollton. They have a son, Greg, who lives in Dallas. Also important family members are her Lhasa Apso named Heidi and his Border Collie/Blue Heeler named Su. In addition to getting some rest upon retirement, Lue plans to spend time in California with her twin sister Sue, who was a former city employee, and her niece LueAnn. In a couple of years, Lue and her husband plan to build a house and live on a farm in Corsicana where they will fish from five tanks and tend to their cattle. A week ago one of their cows had twin heifers; they named them Lue and Sue. Lue says she will miss all of her co-workers at the City. Mayor Blair stated that the City will truly miss Lue and wish her the very best in her retirement. A.7 PRESENTATION OF APPRECIATION PLAQUE TO CITY RETIREE EDNA KELLY OF THE DATA PROCESSING DEPARTMENT. Mayor Blair gave the following information. Edna Kelly, began her employment with the Finance Department on August 29, 1965, as billing operator in the Customer Services Division. The City at that time billed taxes and utilities on two Borough's posting machines. It would take Edna and co-worker Peggy Foster a week to bill utilities and about a month to bill taxes. Edna was promoted to computer operator in August 1970 when the City installed it's first computer system and established the Data Processing Division. The Data Processing Division became a Department in 1985. The Data Processing Department has appreciated Edna's ability and willingness to adapt and adjust each time a new computer system was implemented. Edna has been a tremendous asset to the city. Throughout the years Edna has proven time-and-again her loyalty and dependability. Her kindness and gentle nature will truly Vol. 64, Page 44 be missed by the Data Processing Department and by all her fellow employees. We all wish Edna the best in her retirement. She plans to do some traveling with her husband Bill, who is also retired. Edna and Bill are long time residents of Farmers Branch and reside at 2642 Marietta Drive. They have two sons, one grandson and three granddaughters. Mayor Blair presented a plaque and congratulated Edna on her retirement. MAYOR'S ANNOUNCEMENT Mayor Blair stated the consent agenda is usually considered at this time in the meeting, but tonight the item would be considered after agenda item C. 12. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante gave an informative report on the happenings and status of various projects in the departments of the city. C.2 PUBLIC HEARING: CONSIDER A REQUEST FROM SHERRY CONAWAY, ON BEHALF OF TARA GROUP, INC., TO CONSIDER AMENDING PLANNED DEVELOPMENT NUMBER 49 (PD-49) TO ALLOW RETAIL USES AND A "MASSAGE THERAPY CLINIC," AND ESTABLISHING ASSOCIATED REGULATIONS AS DEEMED APPROPRIATE AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. PD-49 is approximately 2.0 acres in area and includes Lots 2, 3, 4, and 5 of the Inwood Parkway Office Park Addition. PD-49 is located approximately 270 feet south of Alpha Road, having approximately 1,100 feet of frontage along the east side of Inwood Road. PD-49 is presently developed as a strip retail shopping center. PD-49 currently allows high density office uses and financial institutions as principal land uses within the district. Secondary uses, including business services, snack or sandwich shops, and personal services are also permitted, but only in conjunction with a principal use. The applicant proposes to amend PD-49 such that the principal uses permitted be expanded to also include those uses permitted within the Local Retail-1 (LR-1) zoning district as listed in the Comprehensive Zoning Ordinance Schedule of Uses, and amend PD-49 to allow a "Massage Therapy Clinic." Massage Therapy Clinic shall be defined as a "Massage Establishment." Massage Vol. 64, Page 45 Establishment means any place of business where manipulative massage or manipulated exercises are practiced upon the human body for consideration whether with or without the use of mechanical therapeutic or bathing devices, in a State of Texas licensed hospital by a duly licensed physician or chiropractor; by a duly licensed beautician or barber in a licensed beauty shop or barbershop; in an establishment wherein State of Texas registered physical therapists treat only patients recommended by a licensed physician and operate under such physician's direction or any registered massage establishment under Texas Revised Civil Statute Annotated, Article 4512k (TEX. REV. CIV. STAT. ANN. art. 4512k). The proposed amendment does not allow sexually oriented businesses of any type. The Planning and Zoning Commission, by unanimous vote, recommends PD-49 be amended to allow "Massage Establishment" as above defined and also include those uses permitted within the Local Retail-1 (LR-1) zoning district as listed in the Comprehensive Zoning Ordinance Schedule of Uses under Article 8. Mayor Blair opened the public hearing. Ms. Paula Van Vleck stated she was the leasing agent for TARA, the owners of Parkway Center. Ms. Van Vleck stated they have investigated Ms. Conaway and she meets all requirements of a licensed massage therapist. Ms. Van Vleck stated she had referrals from three licensed chiropractors who give Ms. Conaway patients. Ms. Van Vleck stated that Ms. Conaway works with Mr. Doyle Furr of the Dallas Vice Squad to uncover illicit massage parlors. Ms. Van Vleck stated the City Council indicated in the Study Session it might require a specific use permit for this type business. Mr. Van Vleck stated Ms. Conaway has been trying to move in since March 1, 1993 and this would create a financial strain on Ms. Conaway if she had to go through the specific use permit. Ms. Van Vleck stated a hairdressing salon was located in the same center and if Ms. Conaway were to locate inside that salon, massage therapy would become an auxiliary use and this amendment would not be necessary. Ms. Van Vleck stated both businesses wanted to remain separate and maintain their own businesses. A motion by Councilman Binford, a second by Councilwoman Davis, all voting "aye", closed the public hearing. Mayor Pro Tem. Phelps asked Ms. Conaway where she presently had her business. Ms. Conaway stated she was working out of her home. Ms. Conaway stated she has received so many referrals from doctors that she must acquire an office. Mayor Pro Tem Phelps asked Ms. Conaway what license she had. Ms. Conaway stated she was required to be licensed by the Texas Department of Health Vol. 64, Page 46 and Human Services. Ms. Conaway stated she had to attend school and take a test in order to receive her license. Mayor Blair asked Ms. Conaway if she had any objections to the City Council issuing her a 60 day temporary use permit to move into the location and this would also allow her to go through the specific use permit process. Ms. Conaway stated she had no problem with this option. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", approved the following captioned Ordinance No. 2038, a requirement that a specific use permit be applied for, and a 60 day temporary use permit to go through the specific use permit process. 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 PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 49 (PD-49) WHICH INCLUDES APPROXIMATELY TWO (2.0) ACRES OF PROPERTY LOCATED 270 FEET SOUTH OF ALPHA ROAD AND HAVING 1,100 FEET OF FRONTAGE ALONG THE EAST SIDE OF INWOOD ROAD; ESTABLISHING NEW USE AND DEVELOPMENT STANDARDS FOR PD-49 TO INCLUDE RETAIL USES AS PERMITTED WITHIN THE LOCAL RETAIL-1 (LR-1) ZONING DISTRICT AND TO INCLUDE "MASSAGEESTABLISHMENT"; PROVIDING A DEFINITIONOF "MASSAGE ESTABLISHMENT"; REPEALING ORDINANCE 1492 WHICH ORIGINALLY ESTABLISHED PD-49 AS A HIGH DENSITY OFFICE DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: TO CONSIDER DESIGNATING A CERTAIN AREA OF THE CITY AS PUBLIC IMPROVEMENT DISTRICT NUMBER ONE FOR THE PURPOSE OF PROVIDING THE FUNDING AND CONSTRUCTION OF IMPROVEMENT TO THE EAST SIDE SANITARY SEWER SYSTEM AND TAKE THE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. For the past several years the City has been working to resolve a major capacity problem that exists in the sanitary sewer system serving the eastern commercial and industrial area. It has been determined that the most economical and environmentally sound solution, is a new major trunk . sanitary sewer main, jointly constructed with the Town of Addison, serving the eastern Vol. 64, Page 47 commercial and industrial area and a portion of Addison. The cost of the project will be shared by Addison and Farmers Branch. The Farmers Branch portion is proposed to be financed by a public improvement district that will include all of the area east of Marsh Lane, excluding existing residential properties. Before the district can be created a public hearing, giving owners and other interested persons an opportunity to speak must be conducted. All interested person are entitled to speak and present evidence for or against the advisability of the improvement, the nature of the improvement, the estimated cost of the improvement, the boundaries of the public improvement district, the method of assessment and/or the apportionment of costs between the district and the City as a whole. Mayor opened the public hearing with staff's presentation. Mr. Jerry Murawski, City Engineer, gave a brief history of the development on the east side from the 1960's to the current date. Mr. Murawski stated after considerable growth the infrastructure was put under great strain. Mr. Murawski stated the sanitary sewer system that serves the east side is surcharged on a regular basis. Mr. Murawski gave the history of two cost recovery districts that were created in the 1980's. Mr. Murawski stated these cost recovery districts provided funds for the water and sewer collection system but did not include the major trunk main that would carry the sanitary sewer. Mr. Murawski gave a slide presentation showing the different funding methods considered by the City and explained why the City selected the public improvement district as the method for financing the sanitary sewer project. Mr. Murawski stated this project would cost $27 million and the City of Farmers Branch was responsible for $14 million. Mr. Murawski stated the City had $1.4 million in sanitary sewer bonds which left $12.6 million that must be raised for the project. Mr. Murawski stated the public improvement district can be created, according to State Law, by receiving signatures representing owners of property of more than 50% of the appraised value of all taxable property within the district and representing owners of property of more than 50% of the land area of all taxable property within the district or represent more than 50% of the landowners within the district. Mr. Murawski stated the City hired consultants who helped formulate the entire concept and assessment method. Mr. Murawski explained how the methodology for the assessment formula was developed and how each property will be assessed. Mr. Murawski stated there were approximately 340 parcels of land included in the public improvement district with approximately 175 property owners. Vol. 64, Page 48 Mr. Murawski stated Phase I of the project could start as early as this summer with the completion of the tunnel in 1995. Mr. Pat Haggerty came forward and stated that he is representing a parcel of property on Sigma Road. Mr. Haggerty stated that all property in this area is zoned for 1:1 FAR. Mr. Haggerty stated this property was originally the headquarters of Fas Tax and currently part of the building is leased by another company. Mr. Haggerty stated the actual coverage for this building is a .37 FAR. Mr. Haggerty stated the owners have put a new roof on the building and plans to use it in the future for manufacturing. Mr. Haggerty stated he only recently found out this property was in an area planned to allow a 2:1 FAR. Mr. Haggerty stated the owner would like to be treated the same as everyone one. Mr. Haggerty asked the City Council to assess this property based upon its current zoning and use. Mr. Haggerty stated the owner wants to pay their fair share. Mr. Robert Hall stated he was one of the owners of the property located at 14221 Inwood Road. Mr. Hall introduced Mr. Warren Owney, Manager of General Furniture Leasing located at 14215 Inwood Road. Mr. Hall stated in the interest of time he would represent General Furniture Leasing, the owner of the property located at 14215 Inwood Road. Mr. Hall stated originally he felt their assessment would be minimal because both properties are developed to their potential. Mr. Hall felt it was not possible to add any additional structure to these properties and still retain the parking that would be required. Mr. Hall expressed he was surprised when he learned his assessment would be $54,618.00. Mr. Hall showed site plans of the two properties and explained how both properties were developed with as much building square feet as possible. Mr. Hall did express his appreciation to Mr. Escalante and staff for all their assistance in providing information he had requested. Mr. Hall requested the City Council consider the spirit and intent of the method of assessment for these two small properties and not impose the rigid formula. Mayor Blair asked Mr. Hall if he owned both pieces of property. Mr. Hall stated he only owned the property at 14221 Inwood but he had been the builder who constructed the building at 14215 Inwood. Mayor Blair asked Mr. Hall how long he had owned this property. Mr. Hall stated he had owned this property since 1980. Mayor Blair asked Mr. Hall if he was familiar with the comprehensive plan at the time it was being discussed. Mr. Hall stated he was not familiar with a comprehensive plan that had a 4:1 FAR, but only with a plan that included Light Industrial uses. Mr. Hall stated after he bought the Vol. 64, Page 49 property the zoning was changed from Light Industrial to Planned Development with the 1:1 FAR remaining. Mayor Blair asked Mr. Hall if he had been consulted on the proposed change to the comprehensive plan. Mr. Hall stated he was not aware that the FAR could be as much as a 4:1 FAR. Mr. Hall stated several years ago he was aware that a neighbor had requested a 4:1 FAR. Mr. Hall asked if this was the procedure for requesting an exception or did he need to come back and formally apply for an exception. Mayor Blair stated tonight's meeting was to receive public input to help the City Council to determine whether the public improvement district should be created. Mayor Blair stated another hearing would be held prior to the actual time of assessment and Mr. Hall could request an exception at that time. Mr. Bob Goudge, of San Antonio representing Luby's, came forward. Mr. Goudge stated the two men before him had stated basically the same concerns as Luby's. Mr. Goudge stated Luby's has an 11,000 square foot building. Mr. Goudge felt it was physically impossible to construct an economical or feasible office building on their tract of land. Mr. Goudge stated since 1947, which was the start of the Luby's corporation, Luby's has never relocated a building that it owns or has torn down their building to become office developers. Mr. Goudge expressed his concern about the assessment methodology and stated they would be willing to reduce their FAR considerably. Mr. Goudge stated Luby's does not want to build an office structure and they do not want to pay a $66,000 assessment. Mr. Goudge stated Luby's wanted to pay their fair share and they back the community and applaud the City for looking to the future. Mr. Goudge stated he did not believe Luby's would receive any benefit from this project. Mr. Ron Hines, representing the Davenport family, had a question for the City Engineer. Mr. Hines stated it appeared in the chart that not all of this construction is just in the public improvement district. Mr. Murawski stated the improvement itself will serve only the area of the public improvement district. Mr. Murawski stated the only construction outside the area of the public improvement district is the tunnel that goes from the eastern boundary to the Trinity River Authority lines. Mr. Murawski stated the agreement the City has with Addison and the way the program is put together mandates that the sanitary sewer tunnel will serve only that part of Farmers Branch. Mr. Murawski explained there will be no other connecting lines into the tunnel. Mr. Hines asked if Mr. Murawski was saying there will be no connector and no sewage going into this tunnel that goes in outside of the public improvement district or Addison. Vol. 64, Page 50 Mr. Murawski stated this was correct. Mr. Hines asked how the original system got built. Mr. Murawski stated it was constructed in the early 1960's and possibly some of the segments were constructed in the late 1950's. Mr. Hines asked how was it paid for. Mr. Murawski stated it was paid for, substantially by the developer's and by city improvements. Mr. Hines stated his clients had a number of concerns. Mr. Hines stated the Davenport family has had this property for many years. Mr. Hines stated the property has a single story building which at one time housed a veterinarian clinic and is now being converted to a jewelry store. Mr. Hines stated the biggest concern was over how it, the assessment, was going to be paid for and who is going to pay for it. Mr. Hines stated the Davenport family paid their fair share of taxes. Mr. Hines stated they did not get in on the development bandwagon and did not construct big office buildings, and hotels and did not subdivide into a lot of residential and that sort of thing. Mr. Hines stated according to the assessment method, the Davenport's were being punished because they did not develop their property. A motion by Mayor Pro Tem Phelps, a second by Councilman Pyle, all voting "aye", closed the public hearing. Mayor Blair stated no other action was needed. CA CONSIDER RESOLUTION NUMBER 93-071 CREATING PUBLIC IMPROVEMENT DISTRICT NUMBER ONE AND TAKE THE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Resolution Number 93- 071 has been prepared creating Public Improvement District Number One. The district will include all areas east of Marsh Lane within the City except currently zoned residential properties. The ordinance contains all findings, determinations, and requirements necessary to comply with State statutes for creating a public improvement district. The Staff recommends that Resolution Number 93-071 be adopted. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", adopted Resolution No. 93-071 creating Public Improvement District Number One. C.5 PUBLIC HEARING: TO CONSIDER CREATING REINVESTMENT ZONE NUMBER Vol. 64, Page 51 TWO, CITY OF FARMERS BRANCH, TEXAS, FOR COMMERCIAL/INDUSTRIAL TAX ABATEMENT BY ADOPTING ORDINANCE NUMBER 2046 AND TAKE THE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. A reinvestment zone, which includes properties whose owners have submitted petitions requesting the creation of the Public Improvement District, is being proposed. The creation of a reinvestment zone is the first step in offering tax abatement for new development, renovations, and/or additions that occur within the zone. Ordinance Number 2046 has been prepared creating Reinvestment Zone Number Two. The Ordinance indicates areas included within the zone, and finds that creation of the zone will result in benefits to the City and that development, redevelopment and improvement to land within the zone is feasible and practical. A public hearing must be conducted prior to a reinvestment zone being created. The Staff recommends that Ordinance Number 2046 be adopted. Mayor Blair opened the public hearing. Mr. Brian Woram, representing CUNA, came forward and stated CUNA is planning a major expansion in 1993. Mr. Woram stated his clients were concerned that the renovation should be considered in the tax abatement. Mr. Woram asked if within the agreement that was circulated, could the renovation be included in the base value. Mr. Woram stated the tax abatement period did not start until January of 1994. Mr. Woram stated if we look at the value in 1994 or later, our base value will include the improvements we have just made, so could the base value look to a period earlier than January of 1994. Mr. John Boyle, City Attorney, asked Mr. Woram when in 1993 would the renovation occur. Mr. Woram stated the renovations would begin the later part of 1993. Mr. Boyle asked if the renovation would be reflected on the January 1994 tax appraisal roll. Mr. Woram stated he was not sure, the Appraisal District may have already conducted their inspection of the property. Mr. Boyle stated Mr. Woram's form contract should reflect the improvements and reflect January 1993 as his tax abatement starting date. Vol. 64, Page 52 Mr. Woram stated this was fair and had no other questions. Mr. Shawn Todd, representing Robert W. Moore, stated his client owns 9 acres at the southwest corner of Inwood and Alpha. Mr. Todd stated his client is presently under contract to RTC to purchase the 4.5 acres immediately east of their property. Mr. Todd stated his client has signed the PID petition for the property he currently owns and would like to include the new 4.5 acres in the petition and in the reinvestment zone. Mr. Boyle stated it was his understanding that this property was not advertised to be included in this zone and so the Council does not have this before them tonight. Mr. Boyle stated the property could be advertised and brought back to be considered at a later date. Mr. Todd asked what the notification period was. Mr. Scales stated the notification period was 15 days for the advertisement. Mr. Escalante stated the offer made to property owners within the district would receive the tax abatement if they signed the petition by March 11, 1993. Mr. Escalante stated Mr. Todd could make application under the existing tax abatement policy that is currently in place. Mr. Escalante stated the issue before Council, is do we follow the procedure set out for other properties within Farmers Branch to file application in accordance with established procedure or include them in the special provision for people who signed the petition before March 11, 1993. Councilwoman Davis asked Mr. Todd if he had signed the petition on the property they currently own. Mr. Todd stated he had signed the petition for his other properties but could not sign the petition on this property because they had not purchased the property by the March deadline. Mayor Blair stated this was sufficient evidence for consideration to the tax abatement policy. A motion by Councilman Pyle, a second by Mayor Pro Tem Phelps, all voting "aye", closed the public hearing. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye adopted the following captioned Ordinance No. 2046 creating Reinvestment Zone Number Two. AN ORDINANCE DESIGNATING A CERTAIN AREA AS REINVESTMENT Vol. 64, Page 53 ZONE NUMBER TWO, CITY OF FARMERS BRANCH, ESTABLISHING THE BOUNDARIES THEREOF AND OTHER MATTERS RELATING THERETO. C.6 PUBLIC HEARING: CONSIDER ORDINANCE NUMBER 2037 AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING THE CONCEPT PLAN AND THE ZONING PERFORMANCE AND DEVELOPMENT STANDARDS OF PLANNED DEVELOPMENT ZONING DISTRICT NUMBER SIXTY FOUR (PD-64) (MOBIL/PARK SIDE CENTER) AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. PD-64, commonly known as Park Side Center, includes approximately 153 acres of land located at the southwest corner of Spring Valley Road and Midway Road. PD-64 presently allows office, hotel, research facilities and a variety of residential uses as primary uses within the District. The proposed amendment expands the range of allowable primary uses, adjusts the setback and landscape standards to be compatible with the area, revises the development requirements for compliance with State law, and approves a concept plan, that indicates expanded residential and retail areas, which is appropriate to the current stage of planning. These changes consider and are consistent with the improvements planned for the Public Improvement District area and the long range plan for the east side commercial/industrial area. The property owner will be required to obtain site plan approval prior to any development of property within the District, dedicate necessary rights-of-way for adjacent thoroughfare improvements and fund any other on-site or adjacent improvements required as a result of new development anywhere within the District. The Planning and Zoning Commission, by unanimous vote, recommends PD-64 be amended as described above. Mayor Blair stated the Council had received the corrections to the language that clarified this and it had no significant changes. Mayor Blair opened the public hearing. A motion by Councilman Binford, a second by Councilwoman Davis, all voting "aye", closed the public hearing. A motion by Councilwoman Davis, a second by Mayor Pro Tem Phelps, all voting "aye", adopted the following captioned Ordinance No. 2037 with attachment 112. Vol. 64, Page 54 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 PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 64 (PD-64) WHICH INCLUDES 153.161 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF MIDWAY ROAD AND SPRING VALLEY ROAD; ESTABLISHING NEW USE AND DEVELOPMENT STANDARDS FOR PD-64 TO ALSO INCLUDE RETAIL USES AS PERMITTED WITHIN THE LOCAL RETAIL-2 (LR-2) ZONING DISTRICT AS PRINCIPAL USES; REPEALING ORDINANCE 1672 WHICH ORIGINALLY ESTABLISHED PD-64; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. C.7 PUBLIC HEARING: CONSIDER ORDINANCE NUMBER 2039 AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING THE CONCEPT PLAN AND THE ZONING PERFORMANCE AND DEVELOPMENT STANDARDS OF PLANNED DEVELOPMENT ZONING DISTRICT NUMBER SIXTY SIX (PD-66) (SUMMERS SQUARE) AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. PD-66, commonly known as Summers Square, includes 10 acres of vacant land located at the northeast corner of Midway Road and the LBJ Freeway. It is a high density office zoning district. A Concept Plan for PD-66 was approved in 1987. The proposed amendment revises the development standards so that they are compatible with State law and increases the maximum floor area ratio to 4:1 which is consistent with other properties along L.B.J. and the Comprehensive Plan. The changes consider and are consistent with the improvements planned for the Public Improvement District Area. The existing concept plan will continue to remain in effect. The property owner will be required to receive site plan approval prior to any development of property within the District, dedicate necessary rights-of-way for adjacent thoroughfare improvements, and fund any other on-site or adjacent improvements required as a result of new development within the District. The Planning and Zoning Commission, by unanimous vote, recommends PD-66 be amended as described above. Mayor Blair opened the public hearing. Vol. 64, Page 55 Mr. Bill Hutchison, of Trans Texas, stated he wanted to remain consistent with their approved concept plan but raise the density to a level consistent with the PID. Mr. Hutchison stated they have been supportive of the sanitary sewer and PID and would like to make sure they will have the ability to develop to the level they are being assessed. A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", closed the public hearing. A motion by Councilman Moses, a second by Councilwoman Davis, all voting "aye", adopted the following captioned Ordinance No. 2039 amending the PD-66 zoning district. 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 PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 66 (PD-66) WHICH INCLUDES APPROXIMATELY 10. 15 ACRES OF PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE WESTBOUND LBJ FREEWAY SERVICE ROAD AND MIDWAY ROAD; AMENDING THE SCOPE OF REQUIRED THOROUGHFARE IMPROVEMENTS; INCREASING THE ALLOWABLE FLOOR AREA RATIO (FAR); REPEALING ORDINANCE 1743 WHICH ORIGINALLY ESTABLISHED PD-66 AS A HIGH DENSITY OFFICE DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. C.8 PUBLIC HEARING: CONSIDER ORDINANCE NUMBER 2040 AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING THE CONCEPT PLAN AND THE ZONING PERFORMANCE AND DEVELOPMENT STANDARDS OF PLANNED DEVELOPMENT ZONING DISTRICT NUMBER FIFTY FIVE (PD-55) (LINCOLN PROPERTY) AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. PD-55, commonly referred to as the Lincoln Property, includes approximately 10.4 acres of land located at the northwest corner of Alpha Road and Inwood Road. PD-55 is a high density office zoning district that is presently developed with office showroom and retail uses. A concept plan for mid- to high-rise development, which was approved in conjunction with the current zoning in 1984, was deleted in 1991. The proposed zoning amendment removes requirements related to construction of Cambridge Concourse, a four (4) lane divided thoroughfare abutting the District's west boundary. The Master Thoroughfare Plan has been reviewed and it has been determined Vol. 64, Page 56 that Cambridge Concourse is not needed as a thoroughfare. Traffic generated by redevelopment of the site will be accommodated by on-site improvements constructed by the developer and by other thoroughfare improvements planned by the City for east side commercial/industrial area. The Planning and Zoning Commission, by unanimous vote, recommends PD-55 be amended to delete all obligations related to the future construction of a 4-lane divided thoroughfare along the District's west boundary. Mayor Blair opened the public hearing. A motion by Councilman Pyle, a second by Councilman Binford, all voting "aye", closed the public hearing. A motion by Councilman Pyle, a second by Mayor Pro Tern Phelps, all voting "aye", adopted the following captioned Ordinance No. 2040 amending the PD-55 zoning district. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS RANCH, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 55 (PD-55) A TRACT OF LAND BOUNDED ON THE NORTH BY CHAMPION PAPER COMPANY PROPERTY; BOUNDED ON THE EAST BY INWOOD ROAD; BOUNDED ON THE SOUTH BY ALPHA ROAD; AND, BOUNDED ON THE WEST BY THE RAILROAD R.O.W. ; BY REPEALING ORDINANCE NUMBER 1543; BY ESTABLISHING NEW ZONING DEVELOPMENT STANDARDS THAT HAVE NO REFERENCE OR OBLIGATIONS RELATED TO A FOUR-LANE DIVIDED THOROUGHFARE TO BE CONSTRUCTED ALONG THE DISTRICTS WEST BOUNDARY, BY MAINTAINING THE PLANNED DEVELOPMENT ZONING DISTRICT NUMBER FIFTY-FIVE (PD-55) DESIGNATION; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. C.9 PUBLIC HEARING: CONSIDER ORDINANCE NUMBER 2041 AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING THE CONCEPT PLAN AND THE ZONING PERFORMANCE AND DEVELOPMENT STANDARDS OF PLANNED DEVELOPMENT ZONING DISTRICT NUMBER FIFTY SIX (PD-56) (CHAMPION PROPERTY) AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. PD-56 is the site of the American Envelope Company located south of Spring Valley Road at 14001 Inwood Vol. 64, Page 57 Road. PD-56 is a high density office zoning district which also allows limited retail and service uses. The proposed amendment would: 1) delete all obligations and development phasing related to the construction of Cambridge Concourse which is to be removed from the Master Thoroughfare Plan, 2) preclude redevelopment until Nall Road is extended from Inwood Road to the railroad right-of-way, adjacent to the Property's west side, and 3) prohibit Phase II development until Nall Road is extended across the railroad right-of- way. The proposed changes acknowledge and complement the planned improvements associated with the Public Improvement District, changes in the Master Thoroughfare Plan and long range planning objectives for the City's east side area. The Planning and Zoning Commission, by unanimous vote, recommends PD-56 be amended as described above. Mayor Blair opened the public hearing. A motion by Councilman Moses, a second by Mayor Pro Tem Phelps, all voting "aye closed the public hearing. A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", adopted the following captioned Ordinance No. 2041 amending the PD-56 zoning district. 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 PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 56 (PD-56) WHICH INCLUDES 7.8 ACRES OF LAND LOCATED APPROXIMATELY 785 FEET SOUTH OF SPRING VALLEY ROAD ON THE WEST SIDE OF INWOOD ROAD; AMENDING DEVELOPMENT PHASING REQUIREMENTS; REPEALING ORDINANCE 1550 WHICH ORIGINALLY ESTABLISHED PD-56; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. C.10 PUBLIC HEARING: CONSIDER ORDINANCE NUMBER 2044 AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING THE CONCEPT PLAN AND THE ZONING PERFORMANCE AND DEVELOPMENT STANDARDS FOR A PART OF PLANNED DEVELOPMENT DISTRICT NUMBER ONE (PD-1) (CENTRE DEVELOPMENT) AND TAKE APPROPRIATE ACTION. Vol. 64, Page 58 Mayor Blair gave the following information for consideration. PD-1, commonly known as "Centre Development", is comprised of approximately 68 acres of land located at Midway and Alpha Road. PD-1 allows office and light industrial uses as permitted under the Comprehensive Zoning Ordinance. PD-1 is presently developed except for about 6.8 acres located at Alpha Link and Valley View. An increase in the allowable floor area ratio is proposed for fifty (50) acres within the development. The proposed amendment of PD-1 will increase the maximum floor area ratio (F.A.R.) from 1:1 to 2:1, in accordance with guidelines of the Comprehensive Plan. No other changes are proposed. The Planning and Zoning Commission, by unanimous vote, recommends PD-1 be amended to increase the maximum allowable FAR from 1:1 to 2:1. Mayor Blair opened the public hearing. A motion by Councilman Moses, a second by Mayor Pro Tem Phelps, all voting "aye closed the public hearing. A motion by Mayor Pro Tem Phelps, a second by Councilwoman Davis, all voting "aye", adopted the following captioned Ordinance No. 2044 amending the PD-1 zoning district. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NUMBER 769 OF THE CITY OF FARMERS BRANCH; RELATIVE TO PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 1 (PD-1) ALLOWING OFFICE (O) AND LIGHT INDUSTRIAL (LI) USES; PD-1 INCLUDES APPROXIMATELY 68 ACRES OF PROPERTY GENERALLY BOUNDED BY ALPHA ROAD TO THE NORTH AND WEST, MIDWAY ROAD TO THE EAST, AND PD-68 (THE PACE ADDITION) AND VALLEY VIEW LANE TO THE SOUTH; INCREASING THE ALLOWABLE FLOOR AREA RATIO (FAR) FROM 1:1 TO 2:1 ON 50 ACRES WITHIN PD-1; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING FOR AN EFFECTIVE DATE. C.11 PUBLIC HEARING: CONSIDER ORDINANCE NUMBER 2043 AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING THE CONCEPT PLAN Vol. 64, Page 59 AND THE ZONING PERFORMANCE AND DEVELOPMENT STANDARDS OF PLANNED DEVELOPMENT ZONING DISTRICT NUMBER SIXTY THREE (PD-63) (BUSH LUMBER COMPANY) AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. PD-63 is a 5.77 acre tract located at 4930 Spring Valley Road. The property is the site of the Bush Lumber Company. PD-63 is a high density office zoning district which also allows limited retail and service uses. The proposed amendment removes the requirement to construct a street along the southwest property line and removes references to a mass transit station, Transportation Management Organization (TMO) and limitation of development based upon traffic service levels. The amendment changes the street requirements to conform with the proposed changes in the Master Thoroughfare Plan. The sewer requirements are consistent with the improvements planned for the Public Improvement District. The limitation of development based on traffic service levels is unique to PD-63. The Thoroughfare Plan addresses the traffic needs of the area and specific service level requirements imposed on this project are not necessary. The Planning and Zoning Commission, by unanimous vote, recommends PD-63 be amended as described above. Mayor Blair opened the public hearing. A motion by Mayor Pro Tem Phelps, a second by Councilman Moses, all voting "aye closed the public hearing. A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye adopted the following captioned Ordinance No. 2043 amending the PD-63 zoning district. 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 5.77 ACRE TRACT OF LAND LOCATED AT THE SOUTHWEST CORNER OF INWOOD ROAD AND SPRING VALLEY ROAD BY REPEALING ORDINANCE NUMBER 1659; BY RETAINING THE ZONING DISTRICT CLASSIFICATION OF PLANNED DEVELOPMENT DISTRICT CLASSIFICATION OF PLANNED DEVELOPMENT DISTRICT NUMBER SIXTY THREE (PD-63) ALLOWING OFFICE, HOTEL AND RETAIL USES; Vol. 64, Page 60 ESTABLISHING DEVELOPMENT STANDARDS FOR PD ZONING DISTRICT NUMBER 63; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND ($2,000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. C.12 PUBLIC HEARING: CONSIDER ORDINANCE NUMBER 2042 AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY AMENDING THE CONCEPT PLAN AND THE ZONING PERFORMANCE AND DEVELOPMENT STANDARDS OF PLANNED DEVELOPMENT ZONING DISTRICT NUMBER FIFTY EIGHT (PD-58) (TOM THUMB WAREHOUSE) AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. PD-58, commonly referred to as the Tom Thumb Warehouse property, is comprised of approximately 24 acres of land located at the southwest corner of Inwood Road and Langland Road. PD-58 is a high density office zoning district that is presently developed as a warehouse and distribution center. The proposed zoning amendment will delete references and obligations related to off-site water and sanitary sewer improvements. No other changes are proposed. The existing concept plan remains in effect. The property owner will be required to receive site plan approval prior to any redevelopment of property and to fund any on-site or adjacent improvements required as a result of redevelopment. The sanitary sewer improvements that will be financed by the Public Improvement District removes the need for off-site sewer improvements to be constructed or funded by the PD-58 owner. The deletion of off-site requirements also removes any possible conflict with current State law. The Planning and Zoning Commission, by unanimous vote, recommends PD-58 be amended such that all references or obligations related to off-site water and sanitary sewer improvements are deleted. Mayor Blair opened the public hearing. A motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", closed the public hearing. A motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", adopted the following captioned Ordinance No. 2042 amending the PD-58 zoning district. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS Vol. 64, Page 61 AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; BY AMENDING PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 58 (PD-58); THE TRACT OF LAND BOUNDED ON THE NORTH BY LANGLAND ROAD; ON THE EAST BY INWOOD ROAD; ON THE SOUTH BY J. L. WILLIAMS SUBDIVISION; AND ON THE WEST BY WELCH ROAD; REPEALING ORDINANCE 1560 WHICH ORIGINALLY ESTABLISHED PD-58 AS A HIGH DENSITY OFFICE DISTRICT; ESTABLISHING DEVELOPMENT STANDARDS THAT DELETE ALL REFERENCES OR OBLIGATIONS RELATED TO OFF-SITE INFRASTRUCTURE IMPROVEMENTS; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION - B.1. Mayor Blair stated that 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. Councilman Binford asked that item D.1 be added to the consent agenda. A motion by Mayor Pro Tem Phelps, a second by Councilwoman Davis, with Phelps, Davis, Moses and Pyle voting "aye", and Binford voting "nay", added items C.13, C. 14, C.16, C.18, C.19, C.20, C.21, C.22 and C.23 to the consent agenda. A motion by Mayor Pro Tem Phelps, a second by Councilman Pyle, all voting "aye approved the following Consent Agenda. B.1 APPROVED THE MINUTES OF COUNCIL MEETING OF APRIL 5, 1993. C.13 APPROVED RESOLUTION 93-072 WAIVING THE REQUIREMENT FOR A REPLAT TO BROOKHAVEN COLLEGE AS SET FORTH IN PARAGRAPH B, SECTION 8 OF THE SUBDIVISION ORDINANCE. C.14 APPROVED REQUEST OF BROOKHAVEN COLLEGE FOR SITE PLAN APPROVAL OF THE NEW STUDENT SERVICE CENTER AT 3939 VALLEY VIEW LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 20 Vol. 64, Page 62 (PD-20) ZONING DISTRICT. C.16 ADOPTED ORDINANCE NUMBER 2045 REMOVING TWO COST RECOVERY DISTRICTS IN THE EASTERN INDUSTRIAL AREA BY REPEALING ORDINANCE NUMBERS 1439, 1440, 1526, AND 1528. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, REPEALING ORDINANCE NUMBERS 1439, 1440, 1526, AND 1528 AND VOIDING ALL UNCOLLECTED OR OUTSTANDING PRO RATA FEES AND CAPITOL IMPROVEMENT FEES THAT HAVE BEEN LEVIED OR INCLUDED IN DEVELOPMENT CONTRACTS DUE TO THE REQUIREMENTS OF ORDINANCE NUMBER 1439, 1440, 1526, AND 1528; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY. C.18 ADOPTED RESOLUTION NO. 93-062 APPROVING AN AMENDMENT TO THE DEVELOPER'S CONTRACT WITH LINCOLN PROPERTY COMPANY RELATIVE TO INWOOD PLAZA. C.19 ADOPTED RESOLUTION NO. 93-063 APPROVING AN AMENDMENT TO THE DEVELOPER'S CONTRACT WITH OCCIDENTAL TOWER CORPORATION RELATIVE TO LOT 5, BLOCK A OF FARMERS BRANCH OFFICE PARK. C.20 ADOPTED RESOLUTION NO. 93-064 APPROVING AN AMENDMENT TO THE DEVELOPER'S CONTRACT WITH STAMFORD PROVIDENCE LIMITED PARTNERSHIP AND PROVIDENCE INVESTMENTS, L.P. RELATIVE TO PROVIDENCE TOWERS. C.21 ADOPTED RESOLUTION NO. 93-065 APPROVING AN AMENDMENT TO THE DEVELOPER'S CONTRACT WITH CENTRE LAND JOINT VENTURE RELATIVE TO LOT 1, BLOCK A OF THE CENTRE. C.22 ADOPTED RESOLUTION NO. 93-066 APPROVING AN AMENDMENT TO THE DEVELOPER'S CONTRACT WITH TOM THUMB PROPERTIES, INC. RELATIVE TO INWOOD TOWERS. C.23 ADOPTED RESOLUTION NO. 93-069 APPROVING AN AMENDMENT TO THE DEVELOPER'S CONTRACT WITH BELTWAY/ CHAMPION JOINT VENTURE RELATIVE TO BELTWAY/CHAMPION DEVELOPMENT. C.24 ADOPTED RESOLUTION NO. 93-070 APPROVING A DEVELOPER'S CONTRACT WITH TEACHERS INSURANCE AND ANNUITY ASSOCIATION RELATIVE TO CORPORATE PLAZA. Vol. 64, Page 63 D.3 ADOPTED RESOLUTION NO. 93-068 APPROVING THE INTERIM OUTFALL SEWER AGREEMENT WITH ADDISON FOR THE TRANSPORTATION OF SEWAGE AND FOR THE INDUSTRIAL WASTE PRETREATMENT PROGRAM. C.15 CONSIDER ADOPTING ORDINANCE NO. 2031 ESTABLISHING A NEW CITY- WIDE MASTER THOROUGHFARE PLAN AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Ordinance No. 1779 adopting a City-wide Master Thoroughfare Plan was approved on July 12, 1988. The Ordinance expires on July 12, 1993, five years after its adoption. The Thoroughfare Plan is a general policy of the City and is used for obtaining rights-of-way based on development and redevelopment through platting, site-plan review, and rezoning. The most significant proposed modification to the Thoroughfare Plan is the deletion of the Thoroughfare designation of four north-south streets on the east side of Farmers Branch. Since adoption of the Thoroughfare Plan, the planned reconstruction of IH635 has been cancelled and studies have demonstrated that these streets are not needed as thoroughfares. The current and future thoroughfare needs of the City are provided for by the proposed Thoroughfare Plan. Local traffic circulation needs occasioned by future development will be provided for at the time redevelopment plans are approved by the City. The City staff recommends adoption of Ordinance No. 2031 establishing a new City- wide Master Thoroughfare Plan. Mr. John Oechsner stated a memo from Mr. Boyle indicated the master thoroughfare plan included removing Pyke street from the plan. Mr. Oechsner wanted to know why Pyke Street was being removed as a street in Farmers Branch. Mr. John Boyle, City Attorney, stated Pyke Street would remain a street in Farmers Branch but would just be removed as a major thoroughfare street. Mr. Boyle stated Pyke Street would not be expanded as could other streets that are designated a major thoroughfare streets. Mr. Oechsner asked what the letter meant which read that Pyke Street be removed from the major thoroughfare plan and including the extension to eliminate any conflict with a DART transit center at this location. Mr. Jerry Murawski, City Engineer, stated the current thoroughfare plan has Pyke Street showing an extension over the railroad tracks and through the old lumber company area and to connect with Denton. Mr. Murawski stated all this is doing, is removing the proposed street and the reason is because the DART transit station will be at that Vol. 64, Page 64 location. Mr. Murawski stated the extension is not consistent with the proposed development plan that is evolving on the transit station. Mr. Murawski stated no street is going to be abandoned and the proposed street is no longer proposed to go across the railroad tracks. Mr. Oechsner stated this explains his question. Mr. Oechsner stated if the DART facility goes in, it will be a storage area for cars, create pollution, increase the noise and the people really don't need it. Mr. Oechsner stated the value of property in that area keeps declining and owners cannot do anything with their property and then the City will want to come in and condemn it. Mr. Oechsner stated this is happening at an untimely time in the history of Farmers Branch and the people are going to suffer badly. Mayor Blair explained the City is trying to do something with this area and in a few weeks the City should have the final implementation plan by the task force committee. Mayor Blair stated the City has designated this area as a redevelopment area and the City has been promised by the banks they will look at that area of redevelopment favorably for loans. A motion by Mayor Pro Tem Phelps, a second by Councilwoman Davis, all voting "aye", adopted the following captioned Ordinance No. 2031 establishing a new City-wide Master Thoroughfare Plan. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, ADOPTING A CITY-WIDE MASTER THOROUGHFARE PLAN FOR FARMERS BRANCH, TEXAS, AND PROVIDING GENERAL GUIDELINES, CONDITIONS AND POLICIES REGARDING THE ALIGNMENT OF STREETS. C.16 CONSENT C.17 CONSIDER RESOLUTION NUMBER 93-073 ESTABLISHING THE EAST SIDE SANITARY SEWER CONSTRUCTION REVIEW BOARD AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. A board is being proposed to assist in the review and oversite of the construction of the major sanitary sewer project planned for the east side commercial/industrial area. The board will consist of five property owners, or their representatives, from the east side area. Resolution Number 93-073 has been prepared establishing the board. The City Staff recommends that Resolution Number 93-073 be adopted. A motion by Councilwoman Davis, a second by Councilman Binford, all voting "aye", Vol. 64, Page 65 adopted Resolution No. 93-073 creating the East Side Sanitary Sewer Construction Review Board. C.18 CONSENT. C.19 CONSENT. C.20 CONSENT. C.21 CONSENT. C.22 CONSENT. C.23 CONSENT. C.24 CONSENT. D.1 CONSIDER ADOPTING ORDINANCE NUMBER 2032 AMENDING ORDINANCE NUMBER 776 REGULATING DOGS BY ADDING SECTION 6-A AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. Several citizens have requested that the City adopt an ordinance requiring dog walkers to remove any feces deposited by their dogs on public property or property belonging to others. The proposed Ordinance Number 2032 contains such a requirement. If this ordinance is adopted, an Animal Control Officer can talk to an alleged violator about the requirements of the ordinance, but an Animal Control Officer cannot file a court complaint against the violator unless the Officer personally observes the act of violation. In the vast majority of cases, a citizen who observed the violation must file a court complaint in order for enforcement action to be taken. The Staff recommends that Ordinance Number 2032 be adopted. A motion by Councilman Pyle, a second by Councilman Binford, all voting "aye", adopted the following captioned Ordinance No. 2032. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING ORDINANCE NUMBER 776 BY ADDING SECTION 6-A ENTITLED "DOG WASTE", BY PROVIDING A SAVINGS CLAUSE AND DECLARING AN EMERGENCY. D.2 CONSIDER ADOPTING RESOLUTION NO. 93-067 AUTHORIZING AND Vol. 64, Page 66 APPROVING THE CREATION OF A HOUSING FINANCE CORPORATION AND TAKE APPROPRIATE ACTION. Mayor Blair gave the following information for consideration. At the recent neighborhood meetings, City Council discussed various housing issues with residents. The residents expressed support for the City to undertake initiatives necessary to address the housing issues facing the City. During recent Council Study Sessions, the City Attorney and City staff have presented various options for the City to consider in addressing housing issues and needs. The creation of a Housing Finance Corporation was deemed as the most appropriate method. An application to the City Council to authorize and approve the creation of the Housing Finance Corporation has been presented to the City Council. Resolution No. 93-067 authorizes and approves the creation of a Housing Finance Corporation, approves the Articles of Incorporation to be filed with the Texas Secretary of State, including the appointment of the initial Board of Directors, and also approves the Corporation by-laws which set forth the duties and responsibilities of the Corporation. The current members of the Farmers Branch Industrial Development Corporation have agreed to be the initial directors of the Housing Finance Corporation. City staff recommends authorizing and approving the creation of a Housing Finance Corporation. A motion by Mayor Pro Tem Phelps, a second by Councilman Pyle, all voting "aye", adopted Resolution No. 93-067 authorizing and approving the creation of a Housing Finance Corporation. D.3 CONSENT. D.4 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mr. Escalante stated he spoke to a government finance class from the LBJ School of Public Administration in Austin. Mr. Escalante stated his speech pertained to the City of Farmers Branch neighborhood meetings. Mr. Escalante stated the video presented at the neighborhood meetings was shown. Mayor Blair stated he was in Austin with Mr. Escalante and Mr. Reedy on Monday to discuss House Bill 1538 with the Texas Retail Association. Mayor Blair stated the meeting went well and both parties came to a suitable compromise. D.5 CITIZEN PARTICIPATION. Vol. 64, Page 67 No one came forward. MAYOR BLAIR ANNOUNCED THAT THE ITEM FOR THE EXECUTIVE SESSION WAS DISCUSSED IN THE STUDY SESSION UNDER EXECUTIVE SESSION. THE DISCUSSION OF THE ITEM BEGAN AT 6:54 P.M. WITH THE COUNCIL RECONVENING INTO OPEN GENERAL SESSION AT 7:04 P.M. MAYOR BLAIR ANNOUNCED THAT NO ACTION WAS TAKEN ON THE ITEM DISCUSSED IN THE EXECUTIVE SESSION AT THE STUDY SESSION. THE ACTION ON THE ITEM DISCUSSED IN THE EXECUTIVE SESSION WAS RECESSED UNTIL THE 7:30 P.M. MEETING. ARTICLE 6252-17, SEC. 2 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEM AS PERSONNEL MATTERS MAY BE DISCUSSED IN THE EXECUTIVE SESSION. E. la DISCUSS PERSONNEL MATTERS - ARTICLE 6252-17, SEC. 2(g) 1. DISCUSS NAMING WOMAN OF THE YEAR. Discussion was held relating to naming the woman of the year. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Blair stated that the Council will name the woman of the year at a time when the other three cities named their selection. The Women's Charity Organization of the Metrocrest will have their formal announcement in June. F.1 ADJOURNMENT. A motion by Councilman Binford, a second by Councilman Pyle, all voting "aye", adjourned the City Council meeting of April 19, 1994, at 10:24 P.M. a Mayor City Secretary Vol. 64, Page 68