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1996-05-20 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING MAY 20, 1996 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Bob Phelps Bill Moses Ron Pyle Calla Davis Nancy Hardie Charlie Bird The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Communication Director Economic Development Director Director of Community Services Director of Planning City Engineer Public Works Department Director of Parks & Recreation Library Director Police Chief Fire Chief Traffic Engineer Recording Secretary Richard L. Escalante Linda Tidwell John Burke John Boyle Cindee Peters Donna Huerta Norma Nichols Tom Scales Michael Spicer Jerry Murawski Shannon Chowning Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Dave Davis Suzanne Reynolds Mayor Phelps called the City Council Meeting of May 20, 1996 to order at 7:30 P.M. The meeting was televised. Vol. 71, Page 106 A.1 INVOCATION. Reverend Paul Powell gave the invocation and Mayor Phelps led the pledge of allegiance to the flag. A.2 PRESENTATION OF 1996 MAYOR'S SCHOLARSHIP AWARDS BY TOWN NORTH NATIONAL BANK. Mayor Phelps stated that Mr. John Reap, President of the Town North National Bank wishes to present to members of the City Council the 1996 recipients of the Mayor's scholarship award. Mayor Phelps presented a proclamation to Hayden Taylor and Elizabeth Guadarrama. Mr. Reap recognized Elizabeth Guadarrama's parents. Mr. John Reap elaborated on how proud Town North National Bank was to be associated with the Carrollton/Farmers Branch School System. Mr. Reap also thanked the school district administrators. A.3 CONSIDER ACCEPTING A DONATION OF $3,131 FROM THE FRIENDS OF THE FARMERS BRANCH MANSKE LIBRARY TO PURCHASE A PERSONAL COMPUTER, "KID'S CATALOG" SOFTWARE AND CHILDREN'S COMPUTER FURNITURE AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. The Friends of the Farmers Branch Manske Library raise funds through book sales and special events throughout the year. During 1995 and the early part of this year, the Friends raised money to purchase a personal computer, "Kid's Catalog" software and children's computer furniture. In addition to funds raised through activities and membership dues, the Friends received a $500 donation specifically for this project from Farmers Branch residents Marlene and Richard Russell in honor of their young grandson, Clayton Salinas. The "Kid's Catalog" software allows young children to have more fun and success in using the public access catalog. Children can obtain the same information as in the regular catalog but it is accessed through the use of a personal computer "mouse" to point and click on colorful symbols or icons representing the information they need. Maps are also utilized to show children exactly where the items they are looking for are located in the children's collection. Vol. 71, Page 107 The Library Director recommends accepting the $3,131 donation from the Friends of the Farmers Branch Manske Library for the purchase of a personal computer, "Kid's Catalog" software and children's computer furniture for the Farmers Branch Manske Library. Ms. Joan Abbey, the President of the Friends of the Farmers Branch Manske Library, presented a check in the amount of $3,131 for the personal computer, "Kid's Catalog" software and children's computer furniture for the Farmers Branch Manske Library to Mayor Phelps. Ms. Abbey invited everyone to come to the library and see the new children's computer. Ms. Abbey also thanked everyone for supporting the library and attending their Friday night dinner. A motion by Mayor Pro Tem. Moses, a second by Councilwoman Hardie, all voting "aye", accepted the donation from the Friends of the Farmers Branch Manske Library. A.4 PRESENTATION OF PROCLAMATION PROCLAIMING THE WEEK OF MAY 18, 1996 AS NATIONAL SAFE BOATING WEEK. Mayor Phelps stated that President Clinton has designated the week of May 18, 1996, through May 24, 1996 as National Safe Boating Week. boating is one of the most popular recreation sports of the American public, and the number of pleasure boats on the waters is increasing every year. In the City of Farmers Branch, the United States Coast Guard Auxiliary and the U.S. Power Squadron are active in promoting safe boating education. To promote interest in safe boating, the United States Coast Guard Auxiliary requests a proclamation designating May 18th through May 24th as National Safe Boating Week in the City of Farmers Branch. Mayor Phelps read the proclamation and proclaimed the week of May 18, 1996 as National Safe Boating Week. A.5 PROCLAIM THE DAY OF JUNE 12, 1996, AS PHILIPPINES REPUBLIC DAY IN FARMERS BRANCH, TEXAS. Mayor Phelps read the proclamation and proclaimed June 12, 1996, as Philippines Republic Day. [1 Vol. 71, Page 108 A.6 PRESENTATION OF PROCLAMATION PROCLAIMING JUNE 14TH AS NATIONAL FLAG DAY IN FARMERS BRANCH. Mayor Phelps read the proclamation and proclaimed June 14th as National Flag Day. A.7 PRESENTATION OF BOARD APPLICATIONS. Mr. Robert J. Dalton, 2987 Valwood Parkway, submitted his application for a board appointment. Mr. Dalton stated he would appreciate the City Council's consideration in this matter. A.8 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.4. Mayor Phelps 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. A motion by Mayor Pro Tem Moses, a second by Councilman Pyle, all voting "aye", added items C.6, C.9, C. 10, C.11 and D.1 to the consent agenda. A motion by Mayor Pro Tem Moses, a second by Councilman Bird, all voting "aye", approved the following items on Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MAY 6, 1996. B.2 APPROVED MINUTES OF SPECIAL CITY COUNCIL MEETING OF MAY 13, 1996. B.3 ADOPTED RESOLUTION NO. 96-067 APPROVING THE FINAL PLAT OF NEWHOPE CUBA ADDITION. J Vol. 71, Page 109 B.4 APPROVED THE REQUEST OF WALCO SIGN INDUSTRIES, INC.,ON BEHALF OF GOLFSMITH GOLF CENTER, FOR SITE PLAN APPROVAL FOR ON-PREMISE SIGNAGE TO BE LOCATED AT 4141 LBJ FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 68 (PD-68) ZONING DISTRICT. C.6 APPROVED THE REQUEST OF HUITT-ZOLLARS, INC., ON BEHALF OF WESTWOOD RESIDENTIAL FOR PHASE II SITE PLAN APPROVAL OF A MULTI-FAMILY HOUSING DEVELOPMENT LOCATED ON THE SOUTH SIDE OF SPRING VALLEY ROAD, WEST OF MIDWAY AND WITHIN THE PLANNED DEVELOPMENT NO. 64 (PD-64) ZONING DISTRICT. C.9 ADOPTED ORDINANCE NO. 2260 EXTENDING A FRANCHISE GRANTED TO LONE STAR GAS COMPANY BY THE PASSAGE OF ORDINANCE NO. 4 ON MAY 28, 1946 AND ESTABLISH AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, EXTENDING A FRANCHISE GRANTED TO LONE STAR GAS COMPANY BY THE PASSAGE OF ORDINANCE NO. 4 ON MAY 28, 1946 WITH AN EFFECTIVE DATE OF JUNE 6, 1946, AND ESTABLISHING AN EFFECTIVE DATE. C.10 APPROVED RESOLUTION NO. 96-072 NOMINATING INTERNATIONAL BUSINESS MACHINES CORPORATION AS AN ENTERPRISE PROJECT PURSUANT TO CHAPTER 2303, THE TEXAS ENTERPRISE ZONE ACT. C.11 APPROVED RESOLUTION NO. 96-057 NOMINATING UV COLOR SOUTH, L.P. AS AN ENTERPRISE PROJECT PURSUANT TO CHAPTER 2303, THE TEXAS ENTERPRISE ZONE ACT. D.1 ADOPTED RESOLUTION NO. 96-068 DECLARING AN EMERGENCY AND AUTHORIZING THE CITY MANAGER TO PURCHASE A HOLELESS ELEVATOR FROM VERTICAL LIFT MANAGEMENT. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status and happenings of various projects in the City. 0 Vol. 71, Page 110 C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF PIT PROS TO GRANT A SPECIFIC USE PERMIT TO ALLOW THE SALE, SERVICE AND INSTALLATION OF TIRES, BATTERIES, AND ACCESSORIES AT 11925 JOSEY LANE, WITHIN THE LOCAL RETAIL-2 (LR-2) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. On January 23, 1995, the City Council granted a specific use permit to Pit Pros to operate a tune- up shop at 11925 Josey Lane, the northwest corner of Josey Lane and the LBJ Freeway frontage road. In addition to the tune-up shop, Pit Pros would like to provide the sale, service and installation of tires, batteries and accessories including the installation of brakes and shocks. All sales, service and installation will take place within the existing building currently used for a tune-up shop. Approximately five (5) percent landscaping exists on site. The sale, service and installation of tires, batteries and accessories, including brakes and shocks, are permitted within the Local Retail-2 (LR-2) zoning district with a specific use permit. However, automotive repair, upholstery and muffler installation, automotive tune-up, automotive salvage or painting, used part sales or storage, tire retreading or recapping are specifically excluded. The Planning and Zoning Commission, by a 3 to 2 vote, recommends approval of the specific use permit subject to the following conditions: 1. That there be no outdoor storage of tires, batteries or accessories. 2. That there be no display of tires, batteries or accessories, except as otherwise permitted on a temporary basis by City Ordinances. 3. That all service and installation of tires, batteries and accessories be conducted exclusively within the building. 4. That there be no other types of automotive repair or installation conducted on the property. 5. That all vehicles shall be kept within the building during hours in which the facility providing the tune-up service and the sale, service and installation of tires, batteries, and accessories is not open to the public. Mayor Phelps opened the public hearing. Mr. Dariush Khairkhah owner of Pit Pros, stated he was here to answer any questions and asked that this request be approved. A motion by Councilman Pyle, a second by Mayor Pro Tem Moses, all voting "aye", closed the public hearing. Vol. 71, Page 111 Mayor Pro Tem Moses explained that since this is an entrance to the city, and is a natural gas distribution center for the city and for the public, he was concerned, it could be an extremely crowded situation and does not believe it would be an appropriate use for that corner. Mayor Pro Tem Moses stated the Planning and Zoning Commission recommended the condition that there be no display of tires, batteries or accessories, except as otherwise permitted on a temporary basis by City Ordinances. Mayor Pro Tem Moses explained if outside storage is allowed for a two-week period four times a year, this would create a nuisance on the site. Mayor Pro Tem Moses stated if outside storage is allowed two months out of the year this would create more work for City staff to monitor the site. City Manager Richard Escalante stated at both the Planning and Zoning Commission meeting and the Study Session there had been questions raised not about individual use but about the cumulative impact it may have on traffic at that site. Mr. Escalante also stated these are issues that the City Council needs to consider and take action on. Councilman Pyle stated this business is attempting to expand and he is in favor of the expansion. Councilman Pyle stated this site was vacant for several years and the compressed natural gas facility was approved by City Council and is an appropriate use. Councilman Pyle also stated if a business owner needs the business and can support it, he is in favor of it. A motion by Councilman Pyle, a second by Councilwoman Hardie, with Councilmembers Hardie, Bird, and Pyle voting "aye", and Councilmembers Davis and Moses voting "nay", adopted the following captioned Ordinance Number 2261 granting a specific use permit for the sale, service and installation of tires, batteries and accessories at 11925 Josey Lane, with the conditions recommended by the Planning and Zoning Commission. The motion carried by a 3 to 2 vote. 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 TO ALLOW THE SALE, SERVICE AND INSTALLATION OF TIRES, BATTERIES, AND ACCESSORIES AT 11925 JOSEY LANE AND WITHIN THE LOCAL RETAIL-2 (LR-2) ZONING DISTRICT, PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO Vol. 71, Page 112 THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES FROM PLANNED DEVELOPMENT DISTRICT 2 (PD-2) TO PLANNED DEVELOPMENT DISTRICT 74 (PD-74) AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. City Council previously directed the Planning and Zoning Commission to review the Planned Development Number 2, PD-2, zoning district to determine whether it is appropriate zoning for the area where it is located. PD-2 currently allows all uses permitted within the Comprehensive Zoning Ordinance's Office and Light Industrial zoning districts. Light Industrial zoning allows the broadest range of uses of any zoning district, including all types of light industrial, manufacturing, commercial, and automobile-related uses, as well as any type of office and retail use. The PD-2 zoning district is generally bounded by Farmers Branch Creek to the north; Dallas Christian College, London Villa Apartments and Boot Town on the east; LBJ to the south; and Ford Road to the west. Over the course of the last few months the Planning and Zoning Commission and City Staff have met with owners of property in the PD-2 district and conducted several work sessions in an effort to formulate a workable zoning proposal for the area. Proposed Ordinance No. 2248 has been prepared which allows all existing uses to continue in full compliance under the proposed zoning, Planned Development No. 74, PD-74. Its intent is to accommodate those uses which can take advantage of the accessibility and visibility afforded by the LBJ Freeway and still preserve the stability of the existing single family neighborhood to the north. The proposed zoning will eliminate those industrial, commercial and automotive- related uses that are not compatible with the predominant office environment presently existing. It will also establish landscaping, screening, setback and height regulations that will better serve to protect neighboring single family residential properties. The Planning and Zoning Commission, by a 4 to 3 vote, recommends that proposed Ordinance No. 2248 be adopted with the change that the requirement of a Specific Use Permit for "Light Fabrication and Assembly" be deleted and the use be permitted by right. Vol. 71, Page 113 Staff recommends proposed Ordinance No. 2248 be adopted with the Specific Use Permit requirement for Light Fabrication and Assembly in tact. Mayor Phelps opened the public hearing. Mr. Ike Harris, Baldwin Harris & Company, 2711 LBJ Freeway, Suite 530, in Farmers Branch requested the City Council follow the recommendations of the Planning & Zoning Commission. Mr. Harris stated he would be available to answer any questions. Mr. Tim Lightfoot, 800 Fabric Xpress Way, Vice President and minority owner of Display Products, stated Display Products is opposed to changing the current zoning. Mr. Lightfoot stated this zoning district only represents three pieces of property. Mr. Lightfoot explained Display Products supports the Planning & Zoning Commission's amendment that Light Fabrication and Assembly be placed in a use permitted by right. Ms. Michelle Stacy, representing Deep 6 Properties, 800 Fabric Xpress Way, would like to go on record as preferring the PD-2 zoning remain. Ms. Stacy stated this zoning has served the City well for many years. Ms. Stacy explained that her operation has never been cited or in violation of any code requirements. Ms. Stacy requested that if PD-74 is adopted the City Council follow the Planning & Zoning Commission's recommendation of allowing Light Fabrication and Assembly as a permitted use. Mr. Dave Johnson, owner of Buchanan Printing, 2330 Jett Street, stated he has operated in Farmers Branch for some 40 years. Mr. Johnson explained he agrees with the Planning & Zoning Commission recommendation that Light Fabrication and Assembly be allowed. Mr. Johnson stated if a specific use permit is required his company would not be interested in the property. A motion by Councilman Bird, a second by Mayor Pro Tem Moses, all voting "aye", closed the public hearing. Councilwoman Davis gave an example of how a particular building that once housed a company who distributed dishes and clothing was not being occupied by a company for their new call center. Councilwoman Davis explained the concern of the City Council was what could go into a building in the future. Councilwoman Davis stated the probability of the same type business occupying the same building was very slim. Councilman Bird agreed with Councilwoman Davis and believes if the City removes the specific use permit requirement, the City will no longer have control of the property if it is sold. Vol. 71, Page 114 City Manager Richard Escalante stated a site plan does not give as much control as a specific use permit requirement. Mr. Escalante explained a specific use permit requirement should remain in place so there can be control in the future when the property is sold. Councilman Pyle stated he had no problem with any of the current occupants in this zoning district. Councilman Pyle stated he would vote for the PD-74 zoning district which requires a specific use permit for light fabrication and assembly. Councilman Pyle also stated the City would have control and input in the event quality companies were to move into the City. Mayor Phelps stated the City Council will work with an applicant requesting a specific use permit. Mayor Phelps explained staff works diligently with all applicants to help with the specific use permit process. Mayor Phelps stated the City wants corporate citizens and does not want to run businesses off. Ms. Stacy explained there are already built-in restrictions on the property. Councilwoman Davis explained to Ms. Stacy that her earlier example was to show the diversities in companies if no specific use permit requirement was in place. Ms. Stacy stated if she sells her property in 30-50 years she would like to sell to the same type business. Mayor Phelps explained the City is allowing light fabrication and assembly, just that a specific use permit would be required to allow the City Council to examine what type businesses are operated in that zoning district. A motion by Councilman Pyle, a second by Councilwoman Davis, with Councilmembers Pyle, Davis, Bird, and Moses voting "aye", and Councilwoman Hardie voting "nay", adopted the following captioned Ordinance Number 2248 changing the PD-2 zoning district to PD-74, establishing new use and development standards and retaining the SUP requirement for Light Fabrication and Assembly uses as recommended by City Staff. The motion carried with a four to one vote. 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 CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES FROM PLANNED DEVELOPMENT DISTRICT NUMBER TWO (PD-2) TO PLANNED DEVELOPMENT ZONING DISTRICT NUMBER SEVENTY-FOUR (PD-74), SAID PROPERTIES BOUNDED GENERALLY BY FORD ROAD AND THE CITY LIMITS ON THE WEST; THE CITY LIMITS AND INTERSTATE HIGHWAY Vol. 71, Page 115 635 (LBJ FREEWAY) ON THE SOUTH; FARMERS BRANCH CREEK AND DALLAS CHRISTIAN COLLEGE REVISED ADDITION ON THE NORTH; ISAAC B. WEBB ABSTRACT 1574, HOME SUBDIVISION, AND FARMINGTON PARK ESTATES THREE ON THE EAST; ESTABLISHING NEW USE AND DEVELOPMENT REGULATIONS; ESTABLISHING DEFINITIONS; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. CA PUBLIC HEARING: CONSIDER THE REQUEST OF TRAVELERS REALTY INVESTMENT COMPANY TO AMEND THE PLANNED DEVELOPMENT NUMBER 50 (PD-50) ZONING DISTRICT PERMITTED USES AND DEVELOPMENT STANDARDS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated this item was continued from the April 1, 1996 City Council meeting to allow the applicant additional time to review the proposed PD-50 uses and development standards. Travelers Realty Investment Company is the owner of approximately 203 acres of land known as Centreplace-First Installment. The property is generally located south of Valley View Lane, east of Luna Road, and north of LBJ Freeway westbound frontage road. The property is within the PD-50 zoning district which was created primarily for office development and allows such uses as office buildings, high technology warehousing and assembly, hotels and motels, financial institutions, limited retail services, and residential uses subject to approval of a specific use permit. It has an allowable maximum floor area ratio of 4:1. Centreplace-First Installment was platted in November 1987. However, no development has taken place and the property is vacant. Travelers Realty Investment Company is requesting that PD-50 zoning district permitted uses and development standards be amended so as to create a transition from high density, high-rise office development to a substantially less dense mixed use environment. The proposed zoning amendments generally include: allowing broader range of commercial and retail uses; reducing the maximum development density from a 4:1 F.A.R. to 1:1, upgrading landscaping requirements, and streamlining the development process. Vol. 71, Page 116 The Planning and Zoning Commission, by unanimous vote, recommends that the development standards for PD-50 be amended to allow additional uses and establish specific development standards for the district and adopting Ordinance 2244. Mayor Phelps opened the public hearing. Mr. Myron Dorneck, Travelers Insurance Company, 2200 Ross Avenue, Suite 2800, stated he was available to answer any questions and respectfully requests the City Council's approval. A motion by Mayor Pro Tem Moses, a second by Councilwoman Hardie, all voting "aye", closed the public hearing. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", to adopt the following captioned Ordinance Number 2244 amending PD-50 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; BY AMENDING THE PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 50 (PD-50) WHICH INCLUDES APPROXIMATELY 203 ACRES OF PROPERTY GENERALLY LOCATED SOUTH OF VALLEY VIEW LANE, EAST OF LUNA ROAD, AND NORTH OF LBJ FREEWAY WESTBOUND FRONTAGE ROAD; ESTABLISHING NEW USE AND DEVELOPMENT STANDARDS FOR PD-50; REPEALING ORDINANCE 1508 WHICH ORIGINALLY ESTABLISHED PD-50 AS A HIGH DENSITY OFFICE DISTRICT; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. C.5 CONSIDER ADOPTING RESOLUTION NO. 96-014 APPROVING AMENDMENT NO. 1 AND RESTATEMENT OF DEVELOPER'S CONTRACT WITH TRAVELERS INSURANCE COMPANY AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. In 1987 a Developer's Contract for the Centreplace Addition was approved by the City Council with Centre Development Company. Later, the ownership of the development changed resulting in City Pointe Northwest Joint Venture owning approximately 147 acres and Travelers Realty Investment Company owning approximately 203.1 acres. Vol. 71, Page 117 To allow for the development of the tracts owned by City Pointe and Travelers independently, on November 20, 1995, the City Council approved a partial release of covenants of the 1987 Developer's Contract for the Centreplace Addition and a zoning change with a new Developer's Contract for the 147 acres owned by City Pointe. A new Developer's Contract is proposed with Travelers Insurance Company for development of their 203.1 acre tract that sets forth phasing requirements for street improvements; establishes phasing of infrastructure improvements with levels of development; and provides specific standards related to the construction of streets within the development. The City Attorney and the City Engineer recommend that the City Council adopt Resolution No. 96-014 approving Amendment No. 1 and Restatement of Developer's Contract with Travelers Insurance Company for part of the Centreplace Addition. Mayor Phelps asked Mr. Dorneck of Travelers Insurance if he was aware of the development requirements and improvements that are to be made and if he has any problem with the requirements. Mr. Dorneck stated he did not. A motion by Councilwoman Hardie, a second by Councilman Mayor Pro Tem Moses, all voting "aye", adopted Resolution No. 96-014 approving Amendment No. 1 and Restatement of Developer's Contract with Travelers Insurance Company for part of the Centreplace Addition. C.6 CONSENT. C.7 CONSIDER ADOPTING ORDINANCE NO. 2263 ESTABLISHING THE MAXIMUM PERMITTED BASIC SERVICE CABLE TELEVISION RATE PROPOSED BY TCI CABLEVISION OF DALLAS, INC. EFFECTIVE JUNE 1, 1996 AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. The City must determine if the Basic Service Cable Television Rate proposed by TCI to be effective June 1, 1996 exceeds the maximum permitted rates allowed by federal rate regulations. City staff and Reed-Stowe and Company have completed reviewing the rate justification submitted by TCI. The City is permitted by federal rate regulations to review the maximum permitted basic service level cable television rates proposed by TCI. If those proposed rates are found by the City Council not to be in Vol. 71, Page 118 compliance with federal rate regulations, the City Council may establish a maximum rate that is consistent with federal regulations. TCI has submitted two rates for review. One rate is TCI's proposed maximum permitted rate for the basic service level. This rate is proposed by TCI to be $11.89. However, consistent with federal regulations TCI is proposing an operator selected rate of $11.64 including the 4 cent FCC regulatory fee. This is the actual rate TCI purposes to charge Farmers Branch customers. This is an increase of $1.06 over the current rate of $10.58 including the 4 cent FCC regulatory fee. Reed-Stowe and Company has submitted a report to the City Council which recommends the establishment of a maximum permitted rate of $11.85. The majority of difference in rates between the TCI proposed rate and the consultant recommended rate relates to an inflation factor applied to the rate calculation. Because the operator selected rate is less than that permitted by federal regulation, that rate is not subject to adjustment by the City Council. Under federal regulations, however, the difference between the operator selected rate and the approved maximum permitted rate may be applied to future rate increases with interest. Ordinance No. 2263 establishes the maximum permitted basic service rate that TCI may charge customers at the consultant's recommended rate of $11.85. Should the City Council establish this rate, the operator selected rate will go into effect and the maximum rate would be subject to appeal by TCI to the FCC. TCI has appealed other rates established by the City Council in the past. Should the City Council not adopt an ordinance at this time, the operator selected rate will go into effect. The City Council could delay a final decision on the maximum permitted rate until the City is able to receive clarification by the FCC on some of the issues in dispute. The City Manager recommends the City Council take no action on this item at this time but rather to re-address this issue before February 28, 1997. The City Manager Richard Escalante verbally presented his interruption of the issue which is consistent with the explanation read by Mayor Phelps. Mr. Kirk Brown, Area Business Manager for TCI, stated he had nothing else to add and would be available to answer any questions. Mayor Pro Tem Moses stated he was pleased the City does not have to hire anyone to monitor the other major utility companies. u Vol. 71, Page 119 A motion by Mayor Pro Tem Moses, a second by Councilman Pyle, all voting "aye", took no action at this time and readdress this issue by February 28, 1997. C.8 CONSIDER ADOPTING ORDINANCE NO. 2262 ESTABLISHING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES CHARGED BY TCI CABLEVISION OF DALLAS, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. The City must determine if the equipment and installation rates offered by TCI exceed the maximum permitted rates allowed by federal rate regulations. City staff and Reed-Stowe & Company have completed reviewing the rate justification submitted by TCI. Reed-Stowe & Company has determined that TCI's actual equipment and installation rates are above the maximum permitted rates allowed by federal rate regulations. Unlike the preceding agenda item addressing service levels, these rates are the maximum and the actual rates TCI purposes to implement. Ordinance No. 2262 establishes the maximum permitted equipment and installation rates TCI is permitted to charge subscribers effective June 1, 1996. The City Manager recommends that Ordinance No. 2262 be adopted establishing the maximum permitted equipment and installation rates that TCI can charge - subscribers effective June 1, 1996. A motion by Councilman Bird, a second by Councilwoman Hardie, all voting "aye", adopted the following captioned Ordinance No. 2262 establishing the maximum permitted equipment and installation rates that TCI can charge - subscribers effective June 1, 1996. AN ORDINANCE TO THE CITY OF FARMERS BRANCH, TEXAS ESTABLISHING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES CHARGED BY TCI CABLEVISION OF DALLAS, INC. C.9 CONSENT. C.10 CONSENT. C.11 CONSENT. D.1 CONSENT. Vol. 71, Page 120 D.2 CONSIDER ADOPTING RESOLUTION NO. 96-061 AUTHORIZING THE PURCHASE OF A 1996 AMBULANCE ON THE HOUSTON GALVESTON AREA COUNCIL OF GOVERNMENTS CONTRACT AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. The 1995-96 Fixed Asset Fund includes $90,000 to purchase a new ambulance for the Fire Department. The Houston Galveston Area Council of Governments has accepted bids for an ambulance manufactured by the Wheeled Coach Company. This ambulance satisfies the specifications of the Farmers Branch Fire Department. The Houston Galveston Area Council of Governments purchasing program complies with State purchasing laws and was used last year by the City to purchase a new fire engine. The City has an interlocal agreement with Houston Galveston Area Council of Governments that can be used to purchase the ambulance. The total purchase price to be paid to Houston Galveston Area Council of Governments is $85,297.03 for the ambulance. This price also includes an administrative fee of $1,467.03. The purchase price using the Houston Galveston Area Council of Governments contract is estimated to be $5,000 to $6,000 less than would be anticipated, if the regular bid process was used. Delivery time is also anticipated to be approximately 60 days earlier. The Fire Chief recommends adopting Resolution No. 96-061 authorizing the purchase of a 1996 ambulance on the Houston Galveston Area Council of Governments Contract in the amount of $85,297.03 Mayor Pro Tem Moses asked if the ambulance would be delivered or would the City pick it up. Mr. Inman stated the ambulance would be delivered to Mansfield and the City would receive delivery of the ambulance in Mansfield. Mayor Pro Tem Moses asked Mr. Inman if the ambulance cab was a Ford and if it was diesel. Mr. Inman replied it is a Ford F350 and was diesel. A motion by Mayor Pro Tem Moses, a second by Councilman Bird, all voting "aye", adopted Resolution No. 96-061 authorizing the purchase of a 1996 ambulance on the Houston Galveston Area Council of Governments Contract, in the amount of $85,297.03. Vol. 71, Page 121 D.3 CONSIDER MEETING DATES FOR THE MONTHS OF JUNE, JULY, AUGUST, AND SEPTEMBER. Mayor Phelps gave the following information for consideration. The City Council has in the past conducted only one City Council meeting during the summer months. If the City Council wishes to continue with this schedule it is recommended that the June meeting be held on June 3, 1996 in order to canvas the runoff election for Council Place 2. The first City Council meeting date in September is Labor Day. The City Secretary recommends the regularly scheduled City Council meeting for June 3, 1996, be held so as to facilitate the canvassing of votes for the runoff election and establish other meeting dates for July, August, and September so that public hearing notices can be prepared. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", set the summer meeting dates for June 3, July 15, August 5, and September 9 and 23, 1996 for City Council meetings, and August 19, 1996 as a Budget Workshop. DA CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. The City Council discussed travel to Germany for the official groundbreaking of the Garbsen City Hall on Monday, June 17, 1996. Councilmembers Hardie and Davis suggested someone from the City Council and/or the City Manager represent the City at the ceremony. Councilwoman Davis, discussed the upcoming TML Conference that will be held in June. Councilwoman Davis stated approval for travel should be considered for any Councilmembers who would like to attend. A motion by Councilwoman Davis, a second by Councilman Pyle, all voting "aye", approved travel for any member of the City Council and the City Manager to attend the Sister City groundbreaking ceremony in Garbsen, Germany and attendance at the TML Conference in June. City Manager Richard Escalante reported that he and Fire Chief Kyle King attended the Texas City Management Association seminar on Peer Relations in Austin on May 16, 1996. Vol. 71, Page 122 D.5 CITIZEN PARTICIPATION. There was no citizen participation. MAYOR PHELPS ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE IN THE 4:30 P.M. STUDY SESSION. THE DISCUSSION BEGAN AT 6:45 P.M., AND CONCLUDED AT 6:55 P.M. MAYOR PHELPS ANNOUNCED THAT ACTION ON THE ITEMS DISCUSSED WAS RECESSED UNTIL THE 7:30 P.M. MEETING. 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.la DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS ACQUISITION OF RIGHT-OF-WAY FROM 14185 DALLAS PARKWAY, SOUTHWEST CORNER OF DALLAS PARKWAY AND SPRING VALLEY ROAD, RELATIVE TO THE SPRING VALLEY ROAD IMPROVEMENTS. Assistant City Manager John Burke and City Engineer Jerry Murawski presented a status report relating to right-of-way acquisition at 14185 Dallas Parkway relative to the Spring Valley Road improvements. E.2 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps announced that no action was necessary at this time on land acquisition. F.1 ADJOURNMENT. A motion by Mayor Pro Tem Moses, a second by Councilman Davis, all voting "aye", adjourned the City Council meeting of May 20, 1996, at 8:53 P.M. z. Lr d H Mayor City Secretary Vol. 71, Page 123