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2002-06-03 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, June 3, 2002 7:30 p.m. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem Councilmembers Bob Phelps Charlie Bird Paul Walden Bill Moses Jim Robbs Calla Davis The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary Assistant to the City Manager Assistant to the City Manager City Attorney Director of Public Works Communications Director Director of Community Services Director of Parks and Recreation Library Director Director of Equipment Services Fire Chief Police Chief Recording Secretary Richard Escalante Linda Groomer John Burke Cindee Peters Margaret Somereve John Roach John Boyle Mark Pavageaux Tom Bryson Michael Spicer Jeff Fuller Mary Jane Stevenson Don Moore Kyle King Jim Fawcett Suzanne Reynolds Mayor Phelps called the City Council meeting of June 3, 2002 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Robbs gave the invocation and led the pledge of allegiance. Volume gg, page 115 A.2 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. Jim Olk, Building Official, gave a brief presentation on the City's 2001 Code Enforcement Performance Measures. A.3 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. AA CITIZEN PARTICIPATION. John Oechsner, 3509 Brookline Lane, presented the Council with pictures of a shopping Center near Houston that he believes would fit on Valwood and Interstate 35 east. John Wells, 13521 Heartside, stated items that are discussed in the Study Session should be seen by the public in the Regular Meeting. Kathleen Matsumura, 3938 Clubway, thanked the City for the Dallas Symphony Orchestra concert held at the Historical Park last week and has suggested to friends in neighboring cities to sign up to receive the City's newsletter via email. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION. Mayor Phelps stated under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Bird, a second by Councilman Moses, all voting "aye", added agenda items D.2, D.7, and D.8 to the Consent Agenda. A motion by Mayor Pro Tem Bird, a second by Councilman Walden, all voting "aye", approved the Consent Agenda as amended. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MAY 20, 2002. B.2 APPROVED THE REQUEST BY ACI DISTRIBUTION FOR A SITE PLAN AMENDMENT FOR A 2,520 SQUARE FOOT BUILDING Volume N, page 116 ADDITION TO AN EXISTING 88,994 SQUARE FOOT BUILDING LOCATED AT 12900 NICHOLSON ROAD AND WITHIN THE PLANNED DEVELOPMENT NO. 77 ZONING DISTRICT. B.3 APPROVED PLAT REQUEST BY JOHN P. BROOKS FAMILY CORPORATION FOR BROOKS ADDITION, LOT 1, BLOCK A, BEING AN AMENDING PLAT OF LOTS 24-28, BLOCK C, FARMERSDELL ADDITION. B.4 APPROVED PLAT REQUEST BY THE CARROLLTON/FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT FOR DAVE BLAIR INTERMEDIATE SCHOOL ADDITION AMENDING LOTS 2-8, BLOCK 5 VALWOOD PARK NO. 8. B.5 APPROVED THE REQUEST OF SOUTHWESTERN BELL COMPANY FOR THE FINAL PLAT OF CHAPEL EXCHANGE REVISED ADDITION LOCATED NEAR THE NORTHEAST CORNER OF VALLEY VIEW LANE AND DENTON DRIVE. B.6 ADOPTED RESOLUTION NO. 2002-067 APPROVING A SUPPLEMENT TO THE STREET LIGHT SERVICES AGREEMENT WITH ONCOR ELECTRIC DELIVERY COMPANY, FORMERLY TXU, FOR THE INSTALLATION OF STREETLIGHTS ON LAKEWAY BOULEVARD. B.7 ADOPTED ORDINANCE NO. 2673 GRANTING A LICENSE TO CITY OF DALLAS TO OCCUPY, MAINTAIN AND UTILIZE CERTAIN PUBLIC RIGHTS OF WAY WITHIN THE LIMITS OF THE CITY OF FARMERS BRANCH FOR THE PURPOSE OF THE INSTALLATION AND MAINTENANCE OF PIPELINE, AND TAKE APPROPRIATE ACTION. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, GRANTING A LICENSE TO THE CITY OF DALLAS TO INSTALL, OPERATE, AND MAINTAIN A TEMPORARY PIPELINE WITHIN THE RIGHTS-OF-WAY OF LUNA ROAD WITHIN THE LIMITS OF THE CITY OF FARMERS BRANCH; PROVIDING FOR THE TERMS AND CONDITIONS OF THIS LICENSE; PROVIDING A SAVINGS CLAUSE AND AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. B.8 ADOPTED RESOLUTION NO. 2002-065 AWARDING THE BID FOR THE HISTORICAL PARK PARKING LOT EXPANSION TO SCOTT LUCAS CONSTRUCTION, INC. Volume 88, page 117 B.9 ADOPTED RESOLUTION NO. 2002-069 APPROVING A RAILROAD FORCE ACCOUNT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION AND THE DALLAS, GARLAND AND NORTHEASTERN RAILROAD COMPANY TO UPGRADE THE EXISTING GRADE CROSSING WARNING DEVICES AT SPRING VALLEY ROAD AND INWOOD ROAD. D.2 ADOPTED RESOLUTION NO. 2002-064 AUTHORIZING THE SUBMISSION OF A PROJECT APPLICATION TO THE DALLAS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR 2002-2003. D.7 ADOPTED RESOLUTION NO. 2002-054 AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADVERTISING CONTRACT WITH TRAVELCLICK, INC. D.8 ADOPTED RESOLUTION 2002-063 AUTHORIZING THE CITY MANAGER TO PURCHASE NETWORK COMMUNICATION EQUIPMENT FROM AMHERST COMPUTERS UTILIZING THE STATE OF TEXAS CATALOG PURCHASING PROCEDURES FOR AUTOMATED INFORMATION SYSTEMS. C.1 PUBLIC HEARING: CONSIDER THE REQUEST OF THE NORTH CENTRAL TEXAS FARMERS MARKET CORPORATION TO GRANT A SPECIFIC USE PERMIT - INTERIM USE FOR A FARMERS MARKET AT 12731 DENTON DRIVE, WITHIN THE PLANNED DEVELOPMENT NUMBER 70 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject site is a 0.82 acre vacant tract of land located approximately 900 feet south of Valley View Lane on the east side of Denton Drive. For the past five years, the North Central Texas Farmers Market Corporation has leased space from the City of Farmers Branch at 12731 Denton Drive, to operate a farmers market. The North Central Texas Farmers Market Corporation would like to operate the farmers market at this same location again. The proposed farmers market will be a temporary use; no permanent building or other permanent improvements are proposed for construction. The applicant intends to operate the farmers market on each Wednesday and Saturday between the hours of 7:00 a.m. and 5:00 p.m. from June 4, 2002 through December 31, 2002. Produce to be sold will be home grown by individual farmers within a 150- mile radius of the metroplex. Volume 88, page 118 The Planning and Zoning Commission, by unanimous vote, recommends approval of the Specific Use Permit - Interim Use and associated site plan, with the following conditions: 1. The farmers market shall operate on Wednesday and Saturday of each week during the hours of 7:00 a.m. until 5:00 p.m., or until sold out. 2. The metal frame awning structure may remain on the site at the location shown on the site plan on the days that the farmers market is not in operation for the period beginning June 4, 2002 through December 31, 2002. 3. The metal awning frame structure, and the awning and sign, shall be removed from the site when the Specific Use Permit-Interim Use expires on December 31, 2002 or when the use of the property is no longer needed, whichever occurs first. Mayor Phelps opened the public hearing. A motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," closed the public hearing. Mayor Pro Tem Bird stated he would like the public to know the days and times the Farmers Market would be open. He stated their days of operation would be on Wednesday and Saturday of each week between the hours of 7 a.m. and 5 p.m. or until sold out. There being no discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2675 and associated site plan, with the three conditions recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT - INTERIM USE BEGINNING ON JUNE 4, 2002 AND EXPIRING ON DECEMBER 31, 2002 TO ALLOW THE OPERATION OF A FARMERS MARKET WITHIN A PLANNED DEVELOPMENT NUMBER 70 ZONING DISTRICT (PD-70) AT 12731 DENTON DRIVE; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.2 PUBLIC HEARING: CONSIDER THE REQUEST BY AT&T WIRELESS FOR A SPECIFIC USE PERMIT-INTERIM USE FOR A PERIOD OF 8 YEARS, 10 Volume gg, page 119 MONTHS BEGINNING JUNE 4, 2002 AND ENDING MARCH 31, 2011, FOR 6 CELLULAR ANTENNA PANELS TO BE MOUNTED ON AN EXISTING MONOPOLE TOWER AT 1641 KEENAN BRIDGE ROAD, GENERALLY LOCATED ON THE NORTH SIDE OF KEENAN BRIDGE ROAD APPROXIMATELY 360 FEET EAST OF LUNA ROAD AND WITHIN THE PLANNED DEVELOPMENT NO. 77 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant proposes to install 6 cellular antenna panels on the existing monopole tower at a height of 45 feet above grade and to place 3 associated equipment cabinets in their adjacent lease area. This request is for a period of 8 years 10 months, to coincide with the existing Specific Use Permit - Interim Use for the existing tower and antennas, which expires in March 2011. Collocation of the proposed antenna panels on the existing monopole tower will preclude the need to erect a separate monopole tower in the same general vicinity. The Planning and Zoning Commission, by unanimous vote, recommends approval of the specific use permit-interim use subject to the associated site plan and the following condition: 1. AT&T Wireless, or subsequent owner of the antenna system and associated equipment, shall remove the wireless communications antennas, associated equipment cabinets, and all appurtenances within ninety (90) days subsequent to such time that the antennas, equipment cabinets, and appurtenances become obsolete and the use is abandoned. Mayor Phelps opened the public hearing. John Wells, 13521 Heartside Place, stated he was in Portugal recently and saw an artificial fir tree that served as an antenna for cables. He asked why the City could not use this concept. A motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro Tem. Walden, all voting "aye," closed the public hearing. There being no further discussion a motion by Deputy Mayor Pro Tem Walden, seconded by Councilwoman Davis, all voting "aye" adopted the following captioned Ordinance No. 2671 approving the proposed Specific Use Permit- Interim Use recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT-INTERIM USE FOR A PERIOD OF EIGHT YEARS, TEN MONTHS BEGINNING JUNE 4, 2002, AND ENDING Volume 88, page 120 MARCH 31, 2011, TO ALLOW 6 CELLULAR ANTENNA PANELS TO BE MOUNTED ON AN EXISTING MONOPOLE TOWER AT 1641 KEENAN BRIDGE ROAD, GENERALLY LOCATED ON THE NORTH SIDE OF KEENAN BRIDGE ROAD APPROXIMATELY 360 FEET EAST OF LUNA ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 77 (PD-77) ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR AN EXPIRATION DATE. C.3 PUBLIC HEARING: CONSIDER THE REQUEST BY SPRINT PCS FOR A SPECIFIC USE PERMIT FOR 3 CELLULAR COMMUNICATION ANTENNA PANELS TO BE MOUNTED AT A HEIGHT OF 44 FEET ON THE PARK WEST PARKING GARAGE AT 1607 LBJ FREEWAY, AND WITHIN THE PLANNED DEVELOPMENT NO. 78 ZONING DISTRICT, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Comprehensive Zoning Ordinance requires a Specific Use Permit for antennas mounted on buildings at a height under 75 feet. Sprint PCS seeks to install 3 cellular communications antenna panels at a height of 44 feet above grade on the existing Park West parking garage. Proposed associated equipment is to be located within the parking garage penthouse. The Planning and Zoning Commission, by unanimous vote, recommends approval of the Specific Use Permit subject to the associated site plan and the following condition: Sprint PCS, or subsequent owner of the antenna system, and associated equipment, shall remove the wireless communications antennas, associated equipment, and all appurtenances within ninety (90) days subsequent to such time that the antennas and equipment become obsolete and the use is abandoned. Mayor Phelps opened the public hearing. A motion by Mayor Pro Tem Bird, seconded by Councilman Robbs, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilwoman Davis, seconded by Councilman Moses, all voting "aye," approved the following captioned Ordinance Volume 88, page 121 2672 and associated site plan as recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT FOR THREE CELLULAR COMMUNICATIONS ANTENNA PANELS TO BE MOUNTED ON THE NORTH, SOUTHEAST, AND SOUTHWEST FACADES OF THE PARKING GARAGE BUILDING LOCATED AT 1607 LBJ FREEWAY NEAR THE NORTHWEST CORNER OF LUNA ROAD AND LBJ FREEWAY, WITHIN THE PLANNED DEVELOPMENT NO. 78 ZONING DISTRICT; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00);. PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR AN EFFECTIVE DATE. C.4 PUBLIC HEARING: CONSIDER THE REQUEST BY PARISH EPISCOPAL SCHOOL TO AMEND THE EXISTING SPECIFIC USE PERMIT FOR A PRIVATE SCHOOL, INCLUDING ATHLETIC FACILITIES, ON AN APPROXIMATE 49.51 ACRE SITE LOCATED AT 4101 SIGMA ROAD, WITHIN THE PLANNED DEVELOPMENT NUMBER 64 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. During March 2001, a specific use permit was approved for a private school. This application seeks to amend the original approved specific use permit. Proposed amendments to the original approved specific use permit include: • Installation of temporary athletic playfields west of the existing building; • Modifications to fencing and security improvements including deleting portions of perimeter fencing, using chainlink instead of wrought iron fencing, and reducing security surveillance coverage; • Revised landscaping planting design schemes; • Modified parking lot layout; and • Revised monument sign design. Since the Planning and Zoning Commission hearing, the applicant has filed revised site, security, and landscape plan drawings. The revisions are: • Addition of eleven ornamental trees along the west side of the northern portion of Sigma Drive; • Addition of two security cameras that increase the camera surveillance coverage; and Volume 88, page 122 • Expansion of the play area on the west side of the existing building - the area is now 5.11 acres instead of 4.04 acres, as initially proposed. As a result of the play area expansion to the south, the chain link fence that encloses the play area has also moved farther south and closer to Alpha Road. The Planning and Zoning Commission, with a 4-3 vote, recommends approval of the proposed specific use permit amendment. Staff continues to recommend denial of the proposed specific use permit due to the following concerns: The proposed amendment, including the revised drawings since the Planning and Zoning hearing, would result in a less secured facility than the original approved specific use permit. The landscaping revisions do not result in a comparable or better landscape plan than the original landscape plan. The expansion of the playfield area moves the proposed chain link fence closer to Alpha Road. Chain link is not a compatible fence material in the planned office development area. Mayor Phelps opened the public hearing. Kathleen Matsumura, 3938 Clubway, stated she agrees with staff and does not feel the application should seek amendments to the original approved specific use permit. Don Epperson, 7208 Winterwood, described the requested amendments to the Parish Episcopal School Specific Use Permit. He stated the purpose for the amendment is to enhance certain aspects of the specific use permit based on new knowledge and new study to make it better. Gloria Snyder, Head of Parish Day School, 1233 Cheyenne Drive, Richardson, stated that safety has always been a top priority at the school and students are always under adult supervision while at the school. Mr. Epperson stated the primary component of Parish Day School amendments is security, landscaping and proposed play area. He stated Parish Day School has worked with staff and is in agreement in most areas. Stan DeMille, 5836 Legend, The Colony, reviewed the landscape plans and the play area plans. Mr. Epperson stated one of the primary goals of the Parish Episcopal School is the quality of education and a safe and secure environment. He stated with the Volume 88, page 123 specific use permit amendments they have created a more controllable campus perimeter and improved security plan. Matt Wharton, Security Consultant, 5808 Milano Drive, Plano, gave a presentation outlining the Parish Episcopal School Security solution and presented the Mayor and City Council with a copy. Christopher Geymuller, 6812 Wildcrest, Dallas, founder and President of Protection Networks, stated he had three basic concerns regarding camera placement which included: (1) privacy issues when cameras are placed on perimeter fencing, (2) vandalism for cameras mounted on perimeter fencing, and (3) blind spots, not being able to see what is below the camera. He stated if his plan were approved and implemented there would be a camera configuration that would have two security records, which have a time and date stamp. Mr. Geymuller reviewed all the features that the system would have. Mr. Epperson pointed out to the Council where the proposed video surveillance area would be on the rendering of Parish Day School and compared it to the plan that has already been approved. Mr. Epperson went into detail about the plan as to how the security system would work and stated it is an excellent plan. Jonathan Erickson, 5749 Preston Haven, Dallas, stated he has two children attending the Parish Episcopal School and chairs a committee working on the design and implementation of a playground including the play equipment at the new campus. Mr. Erickson stated the proposed plan is a significant improvement for the Parish Episcopal School and would better protect the children. Debra McDonnough, 5840 Meadow Creek, Dallas, stated she has children that attend or have attended the Parish Episcopal School and considers the Farmers Branch location one of the best. She stated after looking at the proposal of the new plan she feels comfortable that the new plan will make the campus a state of the art facility with the best security. Karen O'Rear, 14802 Enterprise, stated she has been teaching at Parish Episcopal School for twenty years, and the school's first priority is the safety of the children. She stated she feels confident with this new proposal that the safety of the children would also take place at the new facility. She also stated that the school would create a wonderful image for the City of Farmers Branch. Tom Carter, Chairman of the Board of Trustees of the Parish Episcopal School, 5923 Warm Mist, Dallas, thanked the Mayor and City Council for allowing them to present their proposal for the specific use permit. He stated he appreciates the work and cooperation he has had with City staff in devising this plan. He assured the Council that the children of Parish Episcopal School come first and they are always first on their agenda. Mr. Carter stated the proposed changes to the specific use permit would only enhance the proposal that has already been Volume 88, page 124 approved. He stated the school's goal is a quality education and the development of children and believes this security plan works well with the goals. Gene Bledsoe, 3322 Gatwick, stated he has been a Farmers Branch resident for approximately 24 years. He stated he feels that Parish Episcopal School would enhance Farmers Branch. He stated his concern is with the eight-foot fence around the property. Mr. Bledsoe also referenced a Dallas Morning News article about the 17 companies headquartered in Farmers Branch that use a Dallas address. He stated nothing can be done about that but Parish Episcopal School should be recognized for their article in the Wall Street Journal recognizing the school's location in Farmers Branch, Texas. He asked Council to please pass this proposed specific use permit. Kaizer Rangwala, Director of Planning, gave a slide show presentation on the changes of the proposed security and fence configuration for the Parish Episcopal School and concluded his remarks by affirming staff's recommendation to deny the request. A motion by Deputy Mayor Pro Tem Walden, seconded by Mayor Pro Tem Bird, all voting "aye," closed the public hearing. Deputy Mayor Pro Tem Walden read sections of "The Parish Day School of the Episcopal Church Specific Use Permit Amendment" information booklet and asked Chief Fawcett if he agreed with these statements. Chief Fawcett replied he has issues with the statements concerning security and traffic conditions. Deputy Mayor Pro Tem Walden commented that the security consultant for Parish Episcopal School testified that Chief Fawcett was in agreement with all the statements. Chief Fawcett stated he has not agreed to any of the statements. Deputy Mayor Pro Tem Walden asked Chief Fawcett if the amendment is dedicating more resources or enhancements to the security plan as presented last year or less resources toward security. Chief Fawcett replied far less resources. Councilman Moses asked why Parish Episcopal School is requesting a chain link fence instead of a wrought iron fence. Mr. Epperson replied expense was a concern and the chain link fence would be temporary. Councilman Moses stated he was concerned that the temporary fence would end up being permanent. Councilman Moses asked if the trees planted along Sigma were for security or for appearance. Mr. Epperson replied it is part of the natural setting. Councilman Moses asked if there are fewer trees than on the original plan. Mr. Epperson stated the net effect is more trees. Volume 88, page 125 Councilman Moses asked if the proposal to pick up and deliver the children would be a big burden to the school. Mr. Epperson replied the school currently utilizes the program with grades Pre-K to 7 at their existing schools. Councilman Moses stated Parish Episcopal School has worked hard on this project as well as City staff. Councilman Moses asked if this were approved, what would the school want next will there be something else to come up. Mr. Epperson replied no this is it; they would like to finish the school and open in August. Councilman Moses commented to Mr. Epperson that the school did agreed to all the items when it was originally proposed. Councilman Moses also read Mr. Epperson's statement from the Council meeting of March 19, 2001 when this item was initially approved. Councilman Moses asked Mr. Epperson if the statements were accurate if they agreed to all of the recommendations made by City staff at that time. Mr. Epperson replied, through his meetings with City staff that he understood the requirements of the Police Department and about the higher requirements of the specific use permit. Councilman Moses stated he has listened to both sides of this issue and feels the requirements established a year ago are the best plan and would be in favor of the project if the initial plan were followed. Mayor Pro Tern Bird agrees with Parish Episcopal School that the safety and welfare of the students are the highest importance. He stated he felt that everyone went away happy from the last meeting approving the Parish Episcopal School. He still feels the initial plan is an excellent plan. Mayor Pro Tem Bird asked Mr. Epperson about the subleasing proposal in the initial agreement, specifically about the Jean Massieu Academy of Duncanville. He asked if the students would be in the same building. Tom Harris, 5935 Colehurst, Dallas, replied he has had conversations with three other groups concerning the leasing of space in the building but no agreements have been signed as of yet. Richard Escalante, City Manager, stated as long as the conditions of the specific use permit are being met then there is not a provision in the specific use permit for additional review. He stated this runs with the land and that is how all specific use permits are. The current structure does not provide additional review by the City. Mr. Harris stated the three schools requesting space are doing so for a temporary basis not permanent. Mayor Pro Tern Bird voiced a concern about the security of the disabled students and wanted to make sure their safety was assured. Volume 88, page 126 Councilman Robbs welcomed Parish Episcopal School to the City but stated the chain-link fence does not fit aesthetically on the property. He also stated he was concerned about Mr. Epperson's comments to the Planning and Zoning Commission "well we got this approved now it is time to see what we can do to change it." Councilwoman Davis remarked that she is glad the Parish Episcopal School is coming to Farmers Branch but has concerns about the security at the school in regards to the limited service hotels adjacent to the school. She stated she is concerned that the Parish Episcopal School consultants have not worked out a solution to security with the Police Chief. Mayor Phelps expressed his appreciation for all the time and effort everyone has put into this project. He stated the primary concern that everyone wants is what is best for the children. He concluded by stating that he does not think a chain-link fence would be beneficial to the building. There being no further discussion, a motion by Deputy Mayor Pro Tern Walden, seconded by Councilman Robbs, all voting "aye," denied the following specific use permit amendment. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING AN AMENDMENT TO AN EXISTING SPECIFIC USE PERMIT (ORDINANCE 2595) FOR A PRIVATE SCHOOL INCLUDING ATHLETIC FACILITIES, ON AN APPROXIMATE 49.51 ACRE SITE LOCATED AT 4101 SIGMA ROAD, WITHIN THE PLANNED DEVELOPMENT NUMBER 64 (PD-64) ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. D.1 CONSIDER ADOPTING ORDINANCE NO. 2664 AMENDING THE CITY'S 2001-2002 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENTS PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. City staff presented City Council with the updated operating and capital improvements program budget projections as part of the Mid-Year Budget Review on May 20, 2002. Volume 88, page 127 Ordinance No. 2664 amends the 2001-2002 fiscal year operating and CIP budget to reflect the mid-year budget changes discussed during the Mid-Year Budget Review. This budget amendment includes expenditure and revenue adjustments made within each operating fund. A copy of the proposed amended budget is available for review at the Manske Library or on the City's website. Staff recommends the adoption of Ordinance No. 2664 amending the 2001-2002 fiscal year operating and capital improvements program budget. There being no discussion, a motion by Mayor Pro Tem Bird, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2664 amending the 2001-2002 fiscal year operating and capital improvements program budget. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 2001-2002 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENTS PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. D.2 CONSENT. D.3 CONSIDER ADOPTING ORDINANCE NO. 2669 ESTABLISHING THE MAXIMUM PERMITTED BASIC SERVICE TIER RATE CHARGED BY TCI CABLEVISION OF DALLAS KNOWN AS AT&T BROADBAND AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. TCI Cablevision of Dallas known as AT&T Broadband has proposed an increase in the basic service cable rate and in the equipment and installation rates. The equipment and installation rates are controlled by separate ordinance and are addressed in another item on this agenda. The City's responsibility in both cases is to determine if the proposed maximum permitted rates are reasonable under federal regulations. The City may not set rates for expanded basic, premium services, pay-per-view services or digital services. The City hired C2 Consulting Services in March 2002 to review the rates submitted by AT&T. AT&T proposed a maximum permitted rate of $14.59, which includes $1.84 surcharge that AT&T is allowed to collect under Federal Communications Commission (FCC) regulations for the 1999 upgrade to the system in Farmers Branch. Volume 88, page 128 The City can only set a maximum permitted rate. The cable operator can select an operator-selected rate that can be less than the maximum permitted rate, but not more. Proposed Ordinance No.2669, as recommended by C2 Consulting, adopts a maximum permitted rate of $14.44, which includes the $1.84 surcharge. This maximum permitted rate remains unchanged from last year's maximum permitted rate, and is based on an average inflation rate for 2001. Using the FCC published inflation rate that includes a negative inflation rate for fourth quarter 2001, a lower maximum permitted rate could be established. However, C2 Consulting and staff recommend against the lower inflation rate because the negative inflation factor would likely have a detrimental effect on customers next year when AT&T can recover any under-recovered amounts, plus interest at a rate of 11.25%. Even though the cable company can select a rate lower than the maximum permitted rate, AT&T has indicated that they will implement an operator selected rate of $14.44, which is a 40 cent increase over the current basic service rate of $14.04. Staff recommends adopting Ordinance No.2669 establishing the maximum permitted rate of $14.44 for basic service. There being no discussion, a motion by Councilwoman Davis, seconded by Councilman Robbs, all voting "aye," adopted the following captioned Ordinance No. 2669 establishing the maximum permitted rate of $14.44 for basic service. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS ESTABLISHING THE MAXIMUM PERMITTED BASIC SERVICE TIER RATES CHARGED BY TCI CABLEVISION OF DALLAS, INC., DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE DA CONSIDER ADOPTING ORDINANCE NO. 2670 ESTABLISHING THE EQUIPMENT AND INSTALLATION RATES CHARGED BY TCI CABLEVISION OF DALLAS KNOWN AS AT&T BROADBAND AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch regulates basic service, equipment and installation charges billed by TCI Cablevision of Dallas, Inc known as AT&T Broadband (AT&T). Current Federal Communication Commission (FCC) regulations allow cable operators to file annual adjustments to their equipment and installation charges. The Council can only set maximum permitted rates. Volume 88, page 129 On February 28, 2002, AT&T submitted FCC Form 1205 that is used to establish AT&T's equipment and installation charges. These charges are the maximum charges AT&T can bill for the one-year period beginning July 1, 2001. AT&T has the option to choose a lower rate called an operator-selected rate as long as it does not exceed the Council-approved maximum permitted rate. The Form 1205 has been prepared as a national company-wide filing. The FCC allowed this several years ago since equipment rates are equipment rates no matter if they are in New York, Dallas, Seattle or Farmers Branch. The City hired C2 Consulting Services to review cable rates this year. In discussions with C2 Consulting and their review of the maximum permitted rates, staff has determined that AT&T's operator selected rates for equipment and installation rates are reasonable and recommends adopting the equipment and installation rates. Ordinance No. 2670 provides the maximum permitted rates allowed as well as stating that AT&T make appropriate adjustments in its 2003 filing based on the issues outlined in the C2 Consulting report. Staff recommends adopting Ordinance No. 2670 establishing the equipment and installation rates charged by AT&T. There being no discussion, a motion by Councilman Moses, seconded by Mayor Pro Tem. Bird, all voting "aye," adopted the following captioned Ordinance No. 2670 establishing the equipment and installation rates charged by AT&T, and to reflect the beginning date of July 1, 2002. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS ESTABLISHING THE EQUIPMENT AND INSTALLATION RATES CHARGED BY TCI CABLEVISION OF DALLAS, INC. KNOWN AS AT&T BROADBAND. D.5 CONSIDER ADOPTING ORDINANCE NO. 2676 CONDITIONALLY APPROVING THE TRANSFER OF CONTROL FROM AT&T BROADBAND TO AT&T COMCAST CORPORATION FOR CABLE SERVICES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. AT&T Broadband announced to the City of Farmers Branch on February 25, 2002 that AT&T Broadband would be spinning off their cable system assets and combining with Comcast Corporation into a new company, being AT&T Comcast Corporation. Comcast is currently the nation's third largest cable company serving more than 8.4 million customers. The combined company will have a presence in 41 states and have 22 million subscribers. Volume 88, page 130 Under the City's franchise with AT&T Broadband, the City has the authority to approve or deny the transfer of the franchise in Farmers Branch. Under applicable federal law the City has 120 days to review and assess the transfer in terms of legal, financial and technical qualifications of the new company. The City of Farmers Branch joined with 11 other AT&T Broadband customer cities and hired C2 Consulting to evaluate the AT&T Comcast qualifications. C2 Consulting and the City Attorney determined that AT&T Comcast has the financial, legal and technical means to continue operating in Farmers Branch under the current cable franchise. AT&T has taken exception to the proposed ordinance. As this information was forwarded to City Council, the City Attorney and staff continued discussions with AT&T, and presented additional developing information to the City Council during Study Session. Staff recommends adopting Ordinance No. 2676 approving the transfer of control of cable services from AT&T Broadband to AT&T Comcast Corporation. Mayor Phelps stated Council received an updated version of Ordinance No. 2676 during Study Session. Margaret Somereve, Assistant to the City Manager, stated Council received all the revisions as discussed in Ordinance No. 2676 and recommended by the City Attorney and AT&T. Mayor Phelps asked if AT&T has accepted the changes. Dick Kirby, AT&T Broadband replied yes. There being no further discussion, a motion by Councilman Robbs, seconded Deputy Mayor Pro Tem Walden, all voting "aye," adopted the following captioned Ordinance No. 2676 approving the transfer of control of cable services from AT&T Broadband to AT&T Comcast Corporation as presented and revised. AN ORDINANCE OF THE CITY OF FARMERS BRANCH PROVIDING CONDITIONAL APPROVAL OF CONSENT TO CHANGE OF CONTROL AND INTERNAL RESTRUCTURING OF THE CABLE TELEVISION FRANCHISE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. D.6 CONSIDER ADOPTING RESOLUTION NO. 2002-068 APPROVING AN AGREEMENT WITH NATHAN D. MAIER CONSULTING ENGINEERS, INC. FOR A FEMA STUDY OF RAWHIDE CREEK AND TAKE APPROPRIATE ACTION. Volume 88, page 131 Mayor Phelps presented the following information. The National Flood Insurance Program is administered by FEMA, the Federal Emergency Management Agency. Flood insurance is underwritten by the Federal government and is made available to residents of cities that participate in the program. The City of Farmers Branch is a participating city, and a requirement for participation is to maintain updated flood maps. Residents and mortgage companies use the flood plain maps to determine the need to purchase flood insurance; the City uses the flood plain maps to regulate permitting improvements within the flood plain. The 2001-02 Amended Capital Improvement Program, Non-bond Fund Budget provides $175,000 for a study of Rawhide Creek to update the flood plain map. The study will consist of a hydrologic analysis to determine the amount of storm water that flows in the creek and a hydraulic analysis to determine the depths and velocities of the storm water as it flows through the creek. A hydrologic analysis of Rawhide Creek was last performed prior to 1971. An agreement is proposed with Nathan D. Maier Consulting Engineers, Inc. for services associated with updating the Rawhide Creek FEMA Study in an amount not to exceed $172,500 and a contract time of 540 calendar days. Nathan D. Maier Consulting Engineers, Inc. was selected because of the firm's experience in performing similar studies and their working knowledge of Farmers Branch creeks. The City Engineer recommends adopting Resolution No. 2002-068 approving an agreement with Nathan D. Maier Consulting Engineers, Inc. for a FEMA study of Rawhide Creek in the amount of $172,500. There being no discussion, a motion by Mayor Pro Tem Bird, seconded by Councilwoman Davis, all voting "aye," adopted Resolution No. 2002-068 approving an agreement with Nathan D. Maier Consulting Engineers, Inc. for a FEMA study of Rawhide Creek in the amount of $172,500. D.7 CONSENT. D.8 CONSENT. D.9 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE AND TAKE APPROPRIATE ACTION. Mayor Phelps stated this item would be on the July 22, 2002 City Council Agenda. D.10 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Volume 88, page 132 Richard Escalante, City Manager, stated he attended an Innovation Group conference in Tucson, Arizona with several staff members. He stated at the conference they heard presentations regarding development and environmental issues as well as management concepts, and concepts dealing with a public environment. He stated it was a very good conference for all of those that attended. D.11 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Councilman Moses stated he has heard from many citizens that the Dallas Symphony Orchestra Concert was one of the finest that the City has hosted. He also stated the Fish `N' Fun held several weeks ago had over 2000 in attendance and all had a good time. Councilman Moses complimented the Parks and Recreation Department for the both the DSO Concert and the Fish `N' Fun. Mayor Phelps stated on Thursday, May 23rd he attended the regular Council of Government Board Meeting in Arlington. On Friday, May 31St the Council of Governments had a luncheon in Arlington and elected officers for the next year and Mayor Phelps was elected Secretary/Treasurer on the executive board for the next year. On June 1St he spoke at the dedication for the Webb Chapel Cemetery. Councilman Moses stated the Masonic Lodge would be laying the corner stone for the Dave Blair School on Thursday at 9:30 a.m. Mayor Phelps stated everyone is welcome to attend. Councilwoman Davis stated that Saturday night's DSO concert was exceptional. She stated she would like to commend staff and the Mayor for doing an excellent job with city finances so the City could have this function as well as the July 3ra Independence Day function. F.I ADJOURNMENT. A motion by Mayor Pro Tem Bird, seconded by Councilwoman Davis, all voting "aye," adjourned the meeting of June 3, 2002 at 10:14 p.m. Bob Phelps, Mayor Volume H, page 133 Cindee Peters, City Secretary