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2000-04-03 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING APRIIL 3, 2000 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tern Jim Robbs Councilmembers Bill Moses Paul Walden Charlie Bird The following member of the City Council was absent: Calla Davis 1 The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Economic Development Director Director of Community Services Director of Planning City Engineer Director of Equipment Services Director of Finance Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works Assistant to the City Manager Assistant to the City Manager Traffic Engineer Recording Secretary Richard L. Escalante Linda Groomer John Burke John Boyle Cindee Peters Norma Nichols Michael Spicer Kaizer Rangwala Jerry Murawski Don Moore Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux Margaret Somereve John Roach Dave Davis Suzanne Reynolds Volume 83, page 27 Mayor Phelps called the City Council Meeting of April 3, 2000 to order at 7:30 P.M. The meeting was televised. A.1 INVOCATION. Reverend Reggie Mayo, single leader of Farmers Branch Church of Christ gave the invocation and Acting City Manager Janna Benson led the pledge of allegiance to the flag. A.2 INTRODUCE STUDENT GOVERNMENT DAY PARTICIPANTS AND PROCLAIM APRIL 3, 2000 AS W. T. WHITE STUDENT GOVERNMENT DAY IN FARMERS BRANCH. Mayor Phelps presented the following information. Monday, April 3, 2000, is W. T. White High School Student Government Day at the City of Farmers Branch. Twenty students from the high school are serving as counterparts to the Mayor, City Council, City Manager, City Secretary and Department Heads. These students will actually "run" the City for a day. Mayor Phelps, the City Council, and city staff introduced their counterparts and presented the students with a certificate and a gift bag. Mayor Phelps also introduced Ms. Lotty Repp sponsor of the W. T. White High School Student Government Day participants and presented her and Acting Mayor Bijana Morijanovic with a proclamation. A.3 PRESENTATION OF HONORARY CITIZEN AWARD TO POTSDAM UNIVERSITY STUDENT DANIELA POHL, GERMAN EXCHANGE INTERN WITH THE CITY OF FARMERS BRANCH MANSKE LIBRARY. Mayor Phelps presented the following information. Daniela Pohl is visiting the City of Farmers Branch as an Exchange Intern to the Farmers Branch Manske Library during the month of April. Daniela is a student at Potsdam University in Germany and this exchange was established through the Farmers Branch Sister City relationship with Garbsen, Germany. Daniela also participated in Student Government Day today with the students from W. T. White High School. Mayor Phelps and the City Council presented Daniela Pohl with a certificate of honorary citizenship and a gift bag, which included momentos from the City of Farmers Branch. Volume 83, page 28 A.4 PRESENTATION BY THE NORTHWEST FAMILY OUTREACH TO THE CITY OF FARMERS BRANCH IN RECOGNITION OF CHILD ABUSE PREVENTION MONTH. Ms. Vicki Moulas with Northwest Family Outreach was not present. A.5 PRESENTATION OF SERVICE AWARDS. Student Mayor Morijanovic presented a 15-year employee service award to Steve Irick of the Fire Department. Student Mayor Morijanovic presented a 15-year employee service award to Roy Smallwood of the Public Works Department. A.6 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. J A.7 REPORT ON STUDY SESSION ITEMS. Student Mayor Morijanovic gave a brief summary of the items discussed in Study Session prior to the regular meeting. Student Mayor Morijanovic asked Student Police Chief to present information on Crime Watch. Student Police Chief Mackey stated there was discussion in the Study Session regarding the reorganization of Crime Watch. He explained before they can proceed with the reorganization they need to identify volunteers. He asked if anyone was interested in volunteering for the Crime Watch Program to call Chief Fawcett at 972-484-3620, ext. 303. r B. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.4. Student Mayor Morijanovic stated consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is established in order to speed up discussion for those items that need more time for discussion. Volume 83, page 29 A motion by Student Mayor Pro Tern Perez, seconded by Student Councilwoman Young, all voting "aye," amended item B.1 (minutes of 3/20/00 item C.1) and withdrew agenda item B.2. A motion by Mayor Pro Tern Robbs, seconded by Councilman Moses, all voting "aye," amended item B.1 and withdrew agenda item B.2. A motion by Student Mayor Pro Tem Perez, seconded by Student Councilwoman Young, all voting "aye," approved the Consent Agenda as amended. A motion by Mayor Pro Tern Robbs, seconded by Councilman Moses, all voting "aye," approved the Consent Agenda as amended. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MARCH 20, 2000 AS AMENDED. B.2 WITHDRAWN. CONSIDER ADOPTING RESOLUTION NO. 2000-042 AUTHORIZING THE CITY MANAGER TO EXECUTE A CLARIFICATION AND NUNC PRO TUNC AGREEMENT OF TAX ABATEMENT AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH, TEXAS AND EWING 8 JOINT VENTURE - CENTURA I AND TAKE APPRROPRIATE ACTION. B.3 ADOPTED RESOLUTION NO. 2000-059 ACCEPTING A SIDEWALK AND UTILITY EASEMENT AT THE SOUTHWEST CORNER OF VALLEY VIEW LANE AND WEBB CHAPEL ROAD DONATED TO THE CITY OF FARMERS BRANCH BY T.W. KINCHELOE FOR THE WEBB CHAPEL ROAD SIDEWALK IMPROVEMENT PROJECT. B.4 ADOPTED RESOLUTION NO. 2000-060 ENDORSING THE DALLAS-FORT WORTH CLEAN CITIES TECHNICAL COALITION. C.1 PUBLIC HEARING: CONSIDER THE REQUEST OF INSITE FARMERS BRANCH LIMITED PARTNERSHIP TO AMEND AN EXISTING SPECIFIC USE PERMIT TO ALLOW TIRE BALANCING AND ROTATION AND AMEND THE ASSOCIATED SITE PLAN AND CONCEPT PLAN RELATIVE TO THE EXISTING CAR SPA CAR WASH AND SERVICE FACILITY LOCATED AT 3690 BELTLINE ROAD AND WITHIN THE PLANNED DEVELOPMENT NO. 23 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Volume 83, page 30 Student Mayor Morijanovic presented the following information. On September 7, 1999, CarSpa, Inc. was granted a Specific Use Permit for a car wash, gasoline service station, detailing, lube and minor repair center, and a cafe to be located at the southwest corner of Beltline Road and Marsh Lane. The facility is now open and operating in compliance with the existing Specific Use Permit. The applicant is seeking amendment of the existing Specific Use Permit and site plan to add a proposed tire balancing and rotation use, and to change several features of the approved site plan, including accessory buildings, lighting and signs. The applicant is also seeking to amend the existing PD-23 concept plan to reflect the proposed changes on the site plan. The overall architectural scheme and site layout of the project have not changed. On February 28, 2000, the Planning and Zoning Commission reviewed and unanimously recommended approval of the petition subject to the site plan file-dated March 13, 2000, and including the following conditions: 1. A maximum of 2.5 foot-candles of light shall be allowed at property boundary lines. 2. The proposed pylon signs shall have a white background. 3. The applicant shall construct all sidewalks indicated on the site plan before a final certificate of occupancy is issued for the property. 4. Kiosk buildings "to be constructed at a future date" on the car wash queuing-lane islands shall be constructed of the same materials, have the same architectural appearance, and be of the same colors as the CarSpa main building. 5. The gasoline canopy facade and support poles shall be solid white exclusive of permitted signage. 6. All operations are subject to the plan of operation, file-dated February 15, 2000. 7. All automobile repair operations and tire balancing and rotation shall be conducted inside the building. 8. Paint and body repair work is prohibited. Volume 83, page 31 9. Any customer vehicle kept on-site during hours in which the facility is not open to the public shall be stored indoors. 10. Outside storage of any equipment or junk, trash and debris or other material shall be prohibited. 11. All parking and maneuvering surfaces shall be paved with concrete and striped in accordance with the City of Farmers Branch engineering standards, prior to the issuance of a certificate of occupancy. Student Mayor Morijanovic opened the public hearing. Mr. Jim Nutley, Insight Real Estate Development, 1791 Hereford Drive, El Algonguinto, Illinois, 60102, was present representing the owner of CarSpa. He stated he would be available to answer any questions of the Council. Mr. Nutley stated in reference to the canopy lights at the station that it is a safety issue for their patrons. He referenced the following: the monument signs that will incorporate signage for the new development adjacent to the car wash; the menu boards are the same as the drive through restaurant across the street; the pump toppers are the same as other stations; and the wave effect on the canopy was eliminated. He asked that the red Conoco sign be approved as recommended by the Planning and Zoning Commission. A motion by Student Councilman Rose, seconded by Student Councilwoman Cehic, all voting "aye," closed the public hearing. A motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," closed the public hearing. Student City Manager Benson asked if the lighting could be decreased and still maintain safe lighting levels because it seemed to be a bit excessive. Mr. Nutley stated most service stations have the same light fixtures and patrons feel safe when it is well lit. He stated that reducing the lighting would be a disadvantage when competing with other stations in the area. Student Councilman Cehic asked if it was a 2-'/2 foot candle. Volume 83, page 32 Mr. Nutley stated that under the canopy it is greater than 2-%2 foot candle. The 2-%2 foot candles are along the perimeter of the property. Student Councilman Rose commented that he had used the services at the CarSpa and was very pleased. He stated he was confused and asked if the applicant was in agreement with the conditions requested by the Planning and Zoning Commission. Mr. Nutley stated he was in agreement with the eleven conditions presented by the Planning and Zoning Commission. Student City Manager Benson asked if the menu board would block anything. Mr. Nutley replied the menu board was behind the car wash drive through entrance sign. Student Mayor Morijanovic asked staff to make the presentation they made during Study Session. Mr. Michael Spicer, Director of Community Services, stated the applicant has incorporated some of the recommendations presented by the Planning and Zoning Commission. Mr. Spicer outlined the status of the signage of the property. Mr. Spicer commented that light readings from adjacent stations were lower than the lighting at the CarSpa. Mr. Kazier Rangwala, Director of Planning, stated at the present time the City of Farmers Branch does not have an ordinance or regulation on lighting. In the absence of any written regulations the City refers to other surrounding cities and their regulations. Mr. Rangwala also stated to allow more than what is recommended by staff would cause a glare that may impact drivers on Marsh Lane and Beltline Road. Councilman Walden asked Mr. Rangwala, if in his opinion, the recommendation of the Planning and Zoning Commission on the 2-%2 foot candle on the perimeter effectively deals with the glare. He stated the lights might cause a distraction or glare to the motorists. Mr. Rangwala stated the Planning and Zoning Commission approved 2- %2 candlelight that is shielded. Also, some light may reflect on the white building and cause a glare. Volume 83, page 33 Councilman Walden asked if there was a disagreement between the Community Services prospective and the Planning and Zoning Commission. Mr. Rangwala stated there is no disagreement on the perimeter lighting. There is some disagreement on the lighting under the canopy. The Planning and Zoning Commission approved 100-foot candles and staff recommend 40-foot candles under the canopy and 25-foot anywhere else. Mr. Spicer presented photographs and gave the Council a detailed overview of the signage. Mr. Spicer requested clarification on the hours of operation from the applicant. Mr. Nutley stated he is not totally familiar with the hours of operation but believes the gasoline and the convenience store operation is 24 hours. Mr. Spicer asked for that clarification for the record. Councilman Moses stated he is impressed with the CarSpa but is confused about the lumination and asked if the lumination across the street was the same. Mr. Spicer replied the lumination across the street is significantly less. Mr. Nutley commented the same number of fixtures are at both locations and presented photographs for the Council to review. Councilman Moses stated the four corners is the best he has seen in the past 20 plus years and would not want to penalize CarSpa for what should be on the corner. Mr. Nutley commented he would like to check the Planning and Zoning Commission minutes in regard to the foot power of lighting on the backside of the property. Mayor Pro Tern Robbs asked if this item could be sent back to the Planning and Zoning Commission if the Council did not approve. Mayor Phelps replied the Council could approve or deny the recommendations as they deemed necessary. Volume 83, page 34 Mr. Escalante stated the Council could accept the recommendations or modify the recommendations of the Planning and Zoning Commission. Councilman Walden stated he is still having a problem with the lumination. He asked Mr. Nutley if there were fewer light fixtures with the same wattage as the station across the street. Mr. Nutley replied yes, under the canopy. Mr. Walden asked Mr. Spicer if he agreed with that. Mr. Spicer replied that his staff did not think that was correct and deferred the question to Mr. Rangwala. Mr. Rangwala replied the establishment across the street is a gasoline station, the CarSpa is a gasoline station with a car wash facility. The two canopies at CarSpa essentially result in more light bulbs. Mr. Escalante stated there should be an amendment to the ordinance to include hours of operation. Mr. Spicer stated staff has no problem with the hours of operation, they want consistency with the application. There being no further discussion, a motion by Student Councilman Rose, seconded by Student Councilwoman LaMotte, all voting "aye," adopted the following captioned Ordinance No. 2525 approving the specific use permit and the associated concept and site plans, file-dated March 13, 2000 with the conditions recommended by the Planning and Zoning Commission and to include hours of operation. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Moses all voting "aye," adopted the following captioned Ordinance No. 2525 approving the specific use permit and the associated concept and site plans, file-dated March 13, 2000 with the conditions recommended by the Planning and Zoning Commission and to include hours of operation. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, REPEALING ORDINANCE NO. 2504 AND AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED FOR A SPECIFIC USE PERMIT FOR A GASOLINE SERVICE STATION AND CAR WASH WITH SITE PLAN APPROVAL FOR DETAILING, A Volume 83, page 35 LUBE FACILITY WITH MINOR AUTOMOBILE REPAIR, A TIRE BALANCING AND ROTATION FACILITY, A CAFE, AND A RETAIL AREA IN THE SAME ESTABLISHMENT LOCATED AT 3690 BELTLINE ROAD, AT THE SOUTHWEST CORNER OF BELTLINE ROAD AND MARSH LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 23 (PD-23) ZONING DISTRICT; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF COMET NEON ADVERTISING COMPANY AND BARNETT SIGNS ON BEHALF OF TETCO STORES L.P. TO AMEND THE ASSOCIATED SITE PLAN FOR THE EXISTING SPECIFIC USE PERMIT FOR THE MOBIL TETCO GASOLINE SERVICE STATION LOCATED AT 13995 MIDWAY ROAD AND WITHIN THE PLANNED DEVELOPMENT NO. 64 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Student Mayor Morijanovic presented the following information. The applicant is proposing an amendment to the existing specific use permit and the associated site plan. The proposed changes consist of modifications to the monument and building wall signs, and to landscaping materials. The existing land use is consistent with the recommendations of the comprehensive plan and is compatible with the surrounding area. The proposed changes will not affect the overall operational effectiveness or the architectural integrity of the developments. The proposed specific use permit, if approved, will repeal the previous approved specific use permit ordinances. The Planning and Zoning Commission, by unanimous vote, recommends approval of Ordinance No. 2528 approving the specific use permit, including the associated site plan file-dated March 6, 2000, with the following conditions: 1. Maintenance of the proposed pavers at each drive approach shall be the responsibility of the property owner. 2. All convenience store windows shall be of tinted glass with dark bronze aluminum frames. Volume 83, page 36 3. A lighting plan shall be submitted and subject to Staff approval prior to issuance of an occupancy permit. 4. Ordinances 1344 and 2468 are hereby repealed. 5. The applicant shall install the approved plant materials consisting of crape myrtles and photinias along the west property line and not construct the landscape berm. Student Mayor Morijanovic opened the public hearing. Mr. Neven St. Romaine, 517 Cornstalk Road, Rockwall, Texas, representing the Barnett Sign Company was present. He stated that Barnett Signs adheres to all the recommendations by Planning and Zoning Commission and made himself available to answer questions of the Council. A motion by Student Councilwoman LaMotte, seconded by Student Councilman Rose, all voting "aye," closed the public hearing. A motion by Councilman Walden, seconded by Mayor Pro Tern Robbs, all voting "aye," closed the public hearing. Mayor Phelps asked the applicant if he had a problem with the five recommendations made by the Planning and Zoning Commission. Mr. St. Romaine replied he did not have a problem with the recommendations. There being no further discussion, a motion by Student Councilwoman LaMotte, seconded by Student Councilman Rose, all voting "aye," adopted the following captioned Ordinance No. 2528 approving the specific use permit and associated site plan, file-dated March 6, 2000, including recommended conditions for approval. There being no further discussion, a motion by Councilman Walden, seconded by Councilman Bird, all voting "aye," adopted the following captioned Ordinance No. 2528 approving the specific use permit and associated site plan, file-dated March 6, 2000, including recommended conditions for approval. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE Volume 83, page 37 AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR A GASOLINE SERVICE STATION WITH A CAR WASH AND CONVENIENCE STORE LOCATED AT 13995 MIDWAY ROAD, THE SOUTHWEST CORNER OF MIDWAY ROAD AND SPRING VALLEY ROAD AND WITHIN THE PLANNED DEVELOPMENT NO. 64 (PD-64) ZONING DISTRICT; REPEALING ORDINANCE NUMBERS 1344 AND 2468; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER THE REQUEST BY SOUTHWESTERN BELL WIRELESS FOR A SPECIFIC USE PERMIT FOR A MOUNTED ANTENNA SYSTEM ON THE MUNICIPAL WATER TOWER LOCATED AT 3723 VALLEY VIEW LANE WITHIN THE R-2 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Student Mayor Morijanovic presented the following information. The applicant is requesting permission to install a mounted antenna system on the existing municipal water tower located adjacent to the Farmers Branch Justice Center. The proposed antenna system includes nine antenna panels to be grouped in three sets of three antennas. The proposed antenna system will be the third antenna system on the City's water tower. The proposed antenna panels will be alternately spaced between the AT&T panels, which already exist as the topmost row of antennas on the water tower. The antennas will be mounted approximately 100 feet above ground level consistent with the height of the AT&T antennas. The proposed antennas will match the size and shape of the existing antenna panels and match the color of the water tower. An equipment building is also proposed at the base of the water tower near its southwestern side. The proposed equipment building will be constructed of split-face concrete block to match the existing Nextel and approved AT&T equipment buildings and will be painted the same color as the Justice Center's limestone wall. The Planning and Zoning Commission unanimously recommends approval of the specific use permit, including the associated site plan file-dated February 23, 2000, subject to the following conditions: 1. The equipment building's exterior finish shall match the color of the Farmers Branch Justice Center screening wall fronting Valley Volume 83, page 38 View Lane, the exterior walls shall be split-face masonry block, and the building shall have a flat roof, unless otherwise approved by City Staff. 2. Southwestern Bell Wireless or subsequent owner of the antenna system and equipment building, shall remove the wireless communications antenna, associated equipment building, and all appurtenances within ninety (90) days subsequent to such time that the antenna and equipment building become obsolete and the use is abandoned. Student Mayor Morijanovic opened the public hearing. Mr. Skip Ogel, Southwestern Bell Wireless, 15660 Dallas Parkway, stated he was in agreement with the Planning and Zoning recommendations and would be available to answer any questions the Council may have. Mr. John Wells, 13521 Heartside Place, asked if the City obtains revenue from Southwestern Bell for antennas placed on City property. Student Councilwoman Benson replied yes. Mr. Wells asked what amount. Ms. Margaret Somereve, Assistant to the City Manager, stated Southwestern Bell will be paying the City $1,500 a month for space on the water tower. The lease agreement is a companion item on this agenda. Mr. Wells asked if it was competitive with the other cities. Ms. Somereve replied yes. A motion by Student Councilman Cehnic, seconded by Student Mayor Pro Tern Perez, all voting "aye, closed the public hearing. A motion by Councilman Bird, seconded by Mayor Pro Tern Robbs, all voting "aye, closed the public hearing. Mr. Escalante stated there are two benefits to this agreement. The first is compensation, which has been discussed; and the second is aesthetics, and this request does away with the need for antennas on monopoles. Volume 83, page 39 Student Councilman Rose asked how many antennas could be mounted on the water tower. Ms. Somereve replied the water tower could accommodate several more antenna panels, however, the real problem is the lack of space for the associated equipment buildings on the ground. Student Councilman Rose asked how many equipment buildings are there now. Ms. Somereve replied this request represents the third building, leaving no room for any additional buildings. There being no further discussion, a motion by Student Councilwoman Cehic, seconded by Student Councilman Young, all voting "aye," adopted the following captioned Ordinance No. 2527 approving the specific use permit and its associated site plan, file-dated February 23, 2000 and subject to the conditions recommended by the Planning and Zoning Commission. There being no further discussion, a motion by Councilman Moses, seconded by Mayor Pro Tern Robbs, all voting "aye," adopted the following captioned Ordinance No. 2527 approving the specific use permit and its associated site plan, file-dated February 23, 2000 and subject to the 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, AS HERETOFORE AMENDED, SO AS TO GRANT A SPECIFIC USE PERMIT FOR A CELLULAR COMMUNICATIONS ANTENNA SYSTEM AND AN EQUIPMENT BUILDING WITHIN THE ONE FAMILY RESIDENCE-2 (R-2) ZONING DISTRICT AT 3723 VALLEY VIEW LANE; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS $2,000.00); PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. D.1 CONSIDER ADOPTING RESOLUTION NO. 2000-062 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH SOUTHWESTERN BELL WIRELESS FOR CERTAIN SPACE LOCATED AT 3723 VALLEY VIEW LANE FOR A MOUNTED ANTENNA AND TAKE APPROPRIATE ACTION. Volume 83, page 40 Student Mayor Morijanovic presented the following information. Southwestern Bell Wireless has requested to lease space on the water tower on 3723 Valley View Lane for a mounted antenna along with an area on the City's property for the auxiliary equipment building. Southwestern Bell's antennas will match the AT&T antennas, which are the three sets of three panels highest on the tower. Southwestern Bell will be placed at the same level as the AT&T antennas. A lease was negotiated and agreed upon between Southwestern Bell and the City of Farmers Branch. The lease is for five years with two optional additional five-year renewal periods for $1500 per month with a 15% increase after each five-year term. A specific use permit request to allow the installation of the cellular antennas to the water tower is a companion item on this agenda. Staff recommends that the City Council approve Resolution No. 2000- 062 authorizing the City Manager to execute the lease agreement with Southwestern Bell Wireless for mounted antennas on the water tower and certain area on the property for the auxiliary equipment facility at 3723 Valley View Lane. There being no discussion, a motion by Student Mayor Pro Tern Perez, seconded by Councilwoman Young, all voting "aye," adopted Resolution No. 2000-062 authorizing the City Manager to execute the lease agreement with Southwestern Bell Wireless for mounted antennas on the water tower and certain area on the property for the auxiliary equipment facility at 3723 Valley View Lane. There being no discussion, a motion by Mayor Pro Tern Robbs, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2000- 062 authorizing the City Manager to execute the lease agreement with Southwestern Bell Wireless for mounted antennas on the water tower and certain area on the property for the auxiliary equipment facility at 3723 Valley View Lane. D.2 CONSIDER LANDSCAPE IMPROVEMENTS AT HOLIDAY PARK AND TAKE APPROPRIATE ACTION. Student Mayor Morijanovic presented the following information. This item was placed on the agenda at the request of the W.T. White High School students as part of Student Government Day. Volume 83, page 41 Student Parks and Recreation Director Rain reviewed the recommendations for improvements to Holiday Park. The recommended improvements include additional trees, picnic tables, a swing bench and additional landscaping. Councilman Walden asked if there would be irrigation improvements. Student Parks and Recreation Director Rain replied there is existing irrigation in the park. Councilman Walden asked if the irrigation covers all the green space. Student Parks and Recreation Director Rain replied yes that it does cover all the green space. Councilman Walden stated he enjoyed the wildflowers and asked if there be more wildflowers in this improvement area. Student Parks and Recreation Director Rain explained they would like to keep the west side of the park as wildflowers and the east side as an area for walking. Student Mayor Pro Tern Perez asked if the Parks and Recreation budget would allow for this type of program. Student Parks and Recreation Director Rain replied it would take $8,000 to implement this program. Mayor Phelps stated the proposed park is beautiful. Funds are not in the budget; it would have to be budgeted before improvements could be made. Student City Manager Benson asked if this had been discussed with the residents near by. Student Parks and Recreation Director Rain replied they do plan to discuss this item with residents and business owners. D.3 CONSIDER ADOPTING RESOLUTION NO. 2000-049 DESIGNATING CHASE BANK OF TEXAS, N.A. AS THE CITY'S DEPOSITORY BANK AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEPOSITORY CONTRACT AND TAKE APPROPRIATE ACTION. Student Mayor Morijanovic presented the following information. The term of the City's depository contract with Chase Bank of Texas, N.A. Volume 83, page 42 will expire on April 30, 2000. The City has had an excellent relationship with Chase Bank during the past contract. Requests for proposals were advertised and sent to five banks operating in Farmers Branch. Proposals were received from Bank One of Texas, N.A. and Chase Bank. Proposals were evaluated based on the following criteria: A. To find a bank that is both capable of providing banking services and willing to be attentive to the City's money matters. B. To maximize the total dollars earned by the City on account balances in order to be prudent and effective custodians of the taxpayers' financial resources. C. To maintain a good working relationship with the depository bank. D. To adequately compensate the depository bank for services provided and to allow a reasonable profit to be earned, subject to competitive forces in the marketplace. E. To seek a bank that supports the local business and residential community. F. To find a bank that is willing to actively support the City's Neighborhood Renaissance efforts. Based on the criteria used to evaluate the proposals, both banks are capable of providing direct banking services to the City. The two primary differences between the proposals were cost and community reinvestment. Bank One proposed the lower cost of $15,312 annually compared with Chase Bank's proposal of $32,520. Chase Bank's community reinvestment performance on a regional and local level was clearly superior to Bank One's. Support of the business and residential community was given primary importance in the bank depository selection process. The 1999-2000 adopted budget contains $35,000 for depository services. Actual cost will be based on the level of activity each month. Staff recommends adopting Resolution No. 2000-049 designating Chase Bank of Texas, N.A. as the City's depository bank and authorizing the City Manager to enter into a three year depository contract with optional automatic renewals for a period of two years. There being no discussion, a motion by Student Councilman Rose, seconded by Student Councilwoman LaMotte, all voting "aye," adopted Resolution No. 2000-049 designating Chase Bank of Texas, N.A. as the City's depository bank and authorizing the City Manager to enter into a Volume 83, page 43 three year depository contract with optional automatic renewals for a period of two years. There being no discussion, a motion by Councilman Bird, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2000-049 designating Chase Bank of Texas, N.A. as the City's depository bank and authorizing the City Manager to enter into a three year depository contract with optional automatic renewals for a period of two years. D.4 CONSIDER ADOPTING ORDINANCE NO. 2507, A DROUGHT CONTINGENCY PLAN, AND TAKE APPROPRIATE ACTION. Student Mayor Morijanovic presented the following information. This proposed Ordinance is to be used in times of major regional drought or in the event the City of Farmers Branch or the City of Dallas system experiences equipment failures, or is not able to maintain adequate levels of water storage for fire fighting purposes. The City previously initiated Stage One of the proposed Drought Contingency Plan, at the request of the City of Dallas. Because of conditions at Lake Tawakoni and the continued drought condition, the City of Dallas has informed its water customers that it has initiated Stage Two-Water Watch effective Wednesday, March 29. Under Stage Two, citizens are encouraged to reduce water usage and to restrict washing or rinsing of vehicles to commercial car washes, or to the use of a bucket and container, using a hand held hose with a positive shut off nozzle. The ordinance consists of four stages and each stage can be implemented when required by the City Manager of Farmers Branch or by notification to the City from the City of Dallas. The Director of Public Works recommends adopting Ordinance No. 2507 adopting a Drought Contingency Plan. There being no further discussion, a motion by Student Councilwoman LaMotte, seconded by Student Councilman Rose, all voting "aye," adopted the following captioned Ordinance No. 2507 Drought Contingency Plan. Mr. John Wells, 13521 Heartside Place, commented he had not heard anything about the irrigation systems and asked if it was under the plan. Mr. Mark Pavageaux, Director of Public Works, stated under Stage II Water Watch there is a section that the city encourages a five-day watering cycle. Mr. Pavageaux explained the five-day watering cycle. Volume 83, page 44 Mr. Escalante stated this is the same formula that is being proposed throughout the Dallas service area. Student Councilman Rose asked what kind of chemical was spilled was in Lake Tawakoni. Mr. Pavageaux explained it was a gasoline pipeline spill and referred the question to Stacy Wright to answer questions about the chemicals. Mr. Stacy Wright, Environmental Specialist, provided scientific information concerning the gasoline spill at Lake Tawakoni and stated the chemical was Methyl Tertiary Butyl Ether (MTBE). MTBE is an oxygenate added to gasoline to increase combustion efficiency thereby reducing air pollution. Reformulated gasoline is approximately 11 percent MTBE by volume. Student Councilman Rose asked if the City would have to ration water this summer if there is no more rainfall. Mr. Wright replied he spoke with Dallas Water Utility and they had no definite plans as to when the water would be acceptable for distribution. He further stated that Explorer Pipeline is expected to remediate the MTBE contamination and may enter the Voluntary Cleanup Program administered by the TNRCC. Mr. Wright also stated based on information provided by Dallas Water Utility that contamination of MTBE at those levels would provide a taste and odor problem to persons who consume the water. Student Councilman Rose asked what effect would this have on Farmers Branch landscaping. Student Parks and Recreation Director Rain stated watering once every five days would have a catastrophic effect on existing landscape throughout the City of Farmers Branch. Councilman Walden asked if there is a reasonable estimate on how long the clean up would take. Mr. Wright stated there is no good estimate at this time. In 30 days with more analytical data collection, staff will have a better idea. Councilman Walden asked what effect the recent rainfall would have on the watershed and lake levels considering Lake Tawakoni is off line. Volume 83, page 45 Mr. Pavageaux explained the recent rains have provided enough water to maintain the current level but have not resulted in any increase in water levels. He stated further that the rain has not filled up any reservoirs. Mr. Escalante reviewed the impact of the drought and the environmental problems and how this situation would impact development and businesses in the City of Farmers Branch. He also stated that this item would be discussed at a future Study Session meeting. Councilman Walden asked if the water consumption plan allocates medians versus fields and is this in compliance with the spirit as well as the letter of the proposed ordinance. Mr. Escalante stated it probably is not, and this needs additional discussion because the public will look at what the City is doing. For example, the citizens could drive down the street and see that medians are being watered, after the City asked them not to water their lawns. It could create a lot of problems for the City. Mr. Escalante stated he knows what the public thinks about the medians and knows they want them to remain beautiful. He suggested Council adopt the proposed Ordinance. He stated discussion would continue with Council to see what options and alternatives are available. He also stated this is an issue for the homeowners and business community alike. Councilman Walden stated he would like to see these alternatives investigated. He stated the City wants to conserve the overall usage and feels the problem will not get any better. He also suggested effective communication to the residents be a part of the plan. Mr. Escalante stated Farmers Branch is unique because it has not had to ration water. If the City asked the residents and businesses to voluntarily cut back, they would. He also stated informing the public would be an important public relations component of the plan. Further, this item will return on the Study Session at a future date. Mayor Pro Tern Robbs stated there are two issues being discussed water shortage and MTBE. He gave a brief history about MTBE, which was a replacement additive for tetra ethyl lead. He hopes an alternative chemical can be found for replacement in the future that is not as dangerous or as bad on the environment. Volume 83, page 46 There being no further discussion, a motion by Councilman Walden, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2507 Drought Contingency Plan. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS ADOPTING A DROUGHT CONTINGENCY PLAN; PROVIDING DEFINITIONS; PROVIDING TRIGGERING CRITERIA FOR INITIATION AND TERMINATION OF DROUGHT RESPONSE STAGES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. D.5 CONSIDER ESTABLISHING A SCHOOL-COMMUNITY RELATIONS COMMITTEE AND MAKE APPOINTMENTS, INCLUDING A CHAIRMAN AND VICE CHAIRMAN, ESTABLISH STAGGERED TERMS, AND TAKE APPROPRIATE ACTION. Student Mayor Morijanovic presented the following information. In August of 1997 the City Council established the Educational Task Force comprised of residents interested in the quality of education in the Carrollton-Farmers Branch Independent School District. Last December the City Council accepted the recommendation of the Task Force that it should be dissolved, and a new committee should be formed with staggered terms of office. Under this proposal, the School-Community Relations Committee would assist the Council in matters related to the Carrollton-Farmers Branch Independent School District. Appointments made to the new committee would be for 1, 2 and 3-year terms in order to establish the three-year staggered terms. A Chairman and Vice Chair of the committee are proposed to be appointed by the Council. The following residents responded to the Mayor as being willing to serve on the committee: Scott Meischen Mark Gregory Mariellen Gregory Burns-Hastings Debra Marshall Pam Binford David Merritt Barry Webster Sharon Williams Johnny Marshall Ruth Yost Jane Cowser Frank Shor Robert Hernandez Betty Jim Barrett Marsha Murry Lloyd Yost Volume 83, page 47 Mr. Jim Barrett, 341 1 Gatwick, presented and reviewed a handout to the City Council. The handout details the importance of this committee and their ability to monitor the activities of the School Board. Mr. Barrett emphasized the importance of fair and equitable education opportunities for the students in Farmers Branch. He briefly outlined recent plans to expand or add additional educational facilities at R. L. Turner and the addition of a new high school in the western part of the district. Mr. Barrett thanked the Council for the active part they have played in watching after the school children in Farmers Branch. He emphasized how important it is for this committee to watch how the funds are spent in the district, especially the schools in the southern end of the district. He also urged the Council to take action to form this committee. Ms. Shirley Call, 2832 Bay Meadows, asked if there is a limit to the number of committee members. She stated she would like to volunteer her services. She also appreciated the support shown by the City Council at the recent school board meeting in trying to make an equitable solution for the location of a school in Farmers Branch. Student Mayor Morijanovic stated those on the list would be on the committee and would welcome her participation on this committee. Mayor Phelps stated the Council wanted to appoint the committee and select a chair and vice chair and the terms of the members were to be determined. Mayor Phelps stated Frank Shor agreed to act as chair and he suggested that Jim Barrett serve as vice chair. There being no further discussion, a motion by Student Councilman Cehic, seconded by Mayor Pro Tern Perez, all voting "aye," established a School-Community Relations Committee, appointing members serving staggered terms; a chairman Frank Shor for a three year term; a vice chairman Jim Barrett for a three year term, and invite Shirley Call to be on the committee. There being no further discussion, a motion by Councilman Moses, seconded by Mayor Pro Tern Robbs, all voting "aye," established a School-Community Relations Committee, appointing members serving staggered terms; a chairman Frank Shor for a three year term, a vice chairman Jim Barrett for a three year term, and invite Shirley Call to be on the committee. Volume 83, page 48 D.6 CONSIDER APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION AND APPOINTMENTS TO THE LIBRARY BOARD AND TAKE APPROPRIATE ACTION. Student Mayor Morijanovic presented the following information. The following members of the Planning and Zoning Commission have a term that will expire on May 1, 2000: David Merrit 5/1/00 Stan Armstrong 5/1/00 Joe Patterson 5/1/00 The following members of the Library Board will expire: Lorraine Blair 5/1/00 Diane Graifemberg 5/1/00 Gloria Aguilar 5/1/00 Carla McGee 5/1/00 Ruby Neely 5/1/00 J Mayor Phelps stated he had not contacted these board members and this item would be placed on the next agenda. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no travel reports or requests. MAYOR'S ANNOUNCEMENT Mayor Phelps stated that Student Mayor Morijanovic has done a marvelous job tonight. She is from Bosnia and has been in the United States for only one and a half years and has conquered the English language. Councilman Bird complimented all the students for doing an excellent job. Mayor Phelps stated the students have had a long day and Council appreciates all their hard work. Councilman Moses stated all the students have done an excellent job and his counterpart is also from Bosnia. Volume 83, page 49 Mr. Escalante stated that in addition to the students on the Council, the department heads have worked diligently during the day. He stated this Student Government group has been one of the best and complimented the student's instructors. He also stated he would be happy to work with any of this great group of young students. Student City Manager Benson stated that on behalf of the W.T. White students they wanted to thank the City for the opportunity to participate in Student Government Day. D.8 CITIZEN PARTICIPATION. Mr. John Wells, 13521 Heartside Place, stated there were several items he would like to discuss with the Council. (1) Citizens by Rawhide Creek are looking forward to a jogging/path trail. He asked Council when it would be completed. (2) In the alley for Golfing Green in the 2700 to 2800 block there are many abandoned metal cable connections boxes that need to be removed. He stated he called the Telephone Company and they stated they did not belong to them. He feels the City should take action on this issue. Work has been done on the telephone poles and a lot of materials end up on the ground. He presented a bag of cable materials to the Council and stated this is very dangerous and someone could get hurt. Mr. Michael Bruer, 2815 Reedcroft, stated when he inquired at the City last week about the policy on speed bumps he was told there was no policy in effect for acquiring speed bumps in their neighborhood. Mayor Phelps stated before tonight there was no policy enforced. There was discussion on speed bumps at the Study Session meeting this afternoon. He stated this item would be brought back to the Council. Mr. Escalante stated this item would be on the next City Council meeting. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:59 P.M. AND CONCLUDED AT 6:29 P.M. FOR THE 7:30 P.M. GENERAL SESSION. TEXAS GOVERNMENT CODE CHAPTER 51 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. Volume 83, page 50 E.1 a DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. CITY OF FARMERS BRANCH - CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT SCHOOL SITE SELECTION. Mayor Phelps stated Staff and the City Attorney were present to discuss this item with the City Council. E.2 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported the City Council was updated on litigation. No action was necessary. F.1 ADJOURNMENT. A motion by Student Councilman Perez, a second by Student Councilwoman Cehic, all voting "aye", adjourned the City Council meeting of April 3, 2000 at 9:59 P.M. A motion by Mayor Pro Tern Robbs, a second by Councilman Walden, all voting "aye", adjourned the City Council meeting of April 3, 2000 at 9: Mayor City Secretary Volume 83, page 51