Loading...
2000-05-15 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING MAY 15, 2000 COUNCIL CHAMBER CITY HALL 7:30 P.M. The-following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Bob Phelps Bill Moses Calla Davis Charlie Bird Paul Walden Jim Robbs The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager Assistant to City Manager Assistant to City Manager City Attorney City Secretary Communication Director Economic Development Director Director of Community Services Director of Planning City Engineer Director of Finance Director of Parks & Recreation Director of Equipment Services Library Director Police Chief Fire Chief Director of Public Works Traffic Engineer Recording Secretary Richard L. Escalante Linda Groomer John Burke Margaret Somereve John Roach John Boyle Cindee Peters Tom Bryson Norma Nichols Michael Spicer Kaizer Rangwala Jerry Murawski Charles Cox Jeff Fuller Don Moore Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux Dave Davis Suzanne Reynolds Mayor Phelps called the City Council Meeting of May 15, 2000 to order at 7:34 P.M. The meeting was televised. Volume 83, page 93 A.1 INVOCATION. Associate Pastor Bob Spencer of Christ United Methodist Church gave the invocation and Councilman Bird led the pledge of allegiance to the flag. A.2 PRESENT PROCLAMATIONS TO THE HOST FAMILIES OF THE SISTER CITY EXCHANGE STUDENTS FROM GARBSEN, GERMANY. Mayor Phelps read and presented a proclamation to Sister City Exchange Student host families. Raymond and Nancy Butts opened their home to Hauke Brunnert and Chris Andermann; Roger and Lucy Adams opened their home to Sandra Hardt. He stated host family Mr. and Mrs. Conrad Husak opened their home to Simon Smaluhn but were not present and would receive a proclamation. A.3 PROCLAIM MAY 21 - 27, 2000 AS "SMALL BUSINESS WEEK 2000". Mayor Phelps read a proclamation and proclaimed May 21 - 27, 2000 as "SMALL BUSINESS WEEK 2000" in Farmers Branch, Texas. A.5 CONSIDER ACCEPTING A DONATION OF $5,000 FROM THE FRIENDS OF THE FARMERS BRANCH MANSKE LIBRARY TO ASSIST WITH THE DEVELOPMENT OF THE LIBRARY MASTER PLAN BY F. MASON AND ASSOCIATES AND TAKE APPROPRIATE ACTION. Ms. Joan Abbey, the President of the Friends of the Farmers Branch Manske Library, presented a check in the amount of $5,000 to assist with the hiring of F. Mason and Associates for the development of the Library Master Plan. A motion by Councilman Bird, seconded by Councilwoman Davis, all voting "aye," accepted the $5,000 donation from the Friends of the Farmers Branch Manske Library to assist with the hiring of F. Mason and Associate for the development of the Library Master Plan, with appropriate thank you letter. A.4 CONSIDER PROCLAIMING THE WEEK OF MAY 14 - 20, 2000 AS "NATIONAL POLICE WEEK" AND MAY 15, 2000 AS "POLICE MEMORIAL DAY" IN THE CITY OF FARMERS BRANCH. Mayor Phelps read a proclamation and proclaimed the week of May 14 through May 20, 2000 to be dedicated as "National Police Week", and May 15, 2000 to be "Police Memorial Day" in Farmers Branch, Texas. Volume 83, page 94 A motion by Councilman Walden, seconded by Councilwoman Davis, all voting "aye," proclaimed May 14 through May 20, 2000 to be dedicated as "National Police Week", and May 15, 2000 to be "Police Memorial Day" in Farmers Branch, Texas. A.6 PRESENTATION BY BALCONES RECYCLING TO THE CITY OF FARMERS BRANCH FOR THE RECYCLING PROGRAM. Mr. Rusty Getter with Balcones Recycling presented a recycling award to the City for an outstanding job in recycling. A.7 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a 10-year employee service award to Donald McCord of the Public Works Department. Mayor Phelps presented a 10-year employee service award to Sharon Stuart of the Manske Library. Mayor Phelps presented a 15-year employee service award to Mark Kelly of the Parks and Recreation Department. Mayor Phelps presented a 15-year employee service award to Eric Curtis of the Public Works Department. A.8 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.9 REPORT ON STUDY SESSION ITEMS. Mayor Phelps gave a brief summary of the items discussed in Study Session prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.1 1. Mayor Phelps 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 95 A motion by Mayor Pro Tern Moses, seconded by Councilwoman Davis, all voting "aye," added agenda items D.1, D.2, and D.6 to the Consent Agenda. A motion by Mayor Pro Tern Moses, seconded by Councilman Robbs, all voting "aye," approved the Consent Agenda as amended. B.1 APPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF APRIL 26, 2000. B.2 APPROVED MINUTES OF CITY COUNCIL MEETING OF MAY 1, 2000. B.3 APPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 8, 2000. B.4 APPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MAY 9, 2000. B.5 ADOPTED RESOLUTION 2000-076 APPROVING AN AGREEMENT WITH USA PROFESSIONAL SERVICES GROUP, INC. FOR ENGINEERING SERVICES FOR THE RECONSTRUCTION OF HUTTON DRIVE FROM DIPLOMAT DRIVE TO THE NORTH CITY LIMIT LINE. B.6 ADOPTED RESOLUTION NO. 2000-086 AUTHORIZING FINAL PAYMENT FOR THE 1998-1999 PAVEMENT SECTION REPAIRS CONTRACT. B.7 ADOPTED RESOLUTION NO. 2000-089 APPROVING AN AMENDMENT TO THE PROFESSIONAL AGREEMENT WITH RAY ASSOCIATES INC. B.8 ADOPTED RESOLUTION NO. 2000-083 AWARDING THE BID TO JOE R. JONES CONSTRUCTION, INC. FOR CONSTRUCTION OF THE REPLICA MARATHON GAS STATION AND REPLACEMENT OF THE EXISTING GRILL HOUSE IN THE HISTORICAL PARK. B.9 ADOPTED RESOLUTION NO. 2000-082 DENYING THE APPLICATION OF TXU ELECTRIC TO CLOSE, MODIFY OR DELETE CERTAIN TARIFFS. B.10 ADOPTED RESOLUTION NO. 2000-067 ACCEPTING A DRAINAGE EASEMENT DONATED TO THE CITY OF FARMERS Volume 83, page 96 BRANCH BY BROOKHAVEN COUNTRY CLUB FOR THE BROOKHAVEN CLUB DRIVE RECONSTRUCTION PROJECT. B.1 1 ADOPTED RESOLUTION NO. 2000-091 AUTHORIZING THE CITY MANAGER TO PURCHASE MICROSOFT OFFICE 2000 AND MICROSOFT NT OPERATING SYSTEM SOFTWARE TO UPGRADE PERSONAL COMPUTER SYSTEMS FROM THE STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES. D.1 ADOPTED RESOLUTION NO. 2000-081 EXPRESSING INTENT TO REIMBURSE THE CITY AND/OR DEVELOPER FOR EXPENDITURES MADE PRIOR TO AVAILABILITY OF FUNDS IN CONJUNCTION WITH TAX INCREMENT FINANCING DISTRICTS NOS. 1 AND 2. D.2 ADOPTED ORDINANCE NO. 2539 AMENDING THE CITY'S 1999-2000 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENTS PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 1999-2000 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.6 ADOPTED RESOLUTION NO. 2000-087 ACCEPTING A DRAINAGE EASEMENT FOR THE TANGLEWOOD DRAINAGE IMPROVEMENT PROJECT AND AUTHORIZING PAYMENT FOR THE DRAINAGE EASEMENT TO BROOKHAVEN COUNTRY CLUB, INC. C.1 PUBLIC HEARING: CONSIDER THE REQUEST OF WILCOX DEVELOPMENT SERVICES, INC., TO AMEND PLANNED DEVELOPMENT NO. 53 ZONING DISTRICT, INCLUDING MODIFICATIONS TO DEVELOPMENT STANDARDS AND PERMITTED USES, AND TO AMEND THE CONCEPT PLAN FOR A 13.524 ACRE TRACT LOCATED ON THE NORTH AND SOUTH SIDES OF INTERNATIONAL PARKWAY, ON THE WEST SIDE OF DALLAS PARKWAY, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is requesting amendment of the existing development standards and Volume 83, page 97 permitted uses within Planned Development No. 53 zoning district to delete and add permitted uses, clarify development standards, and modify setbacks to accommodate elevated, enclosed pedestrian walkways. The presently approved concept plan, which reflects three 13-story office buildings, two approximate 5-level parking garages, and surface parking, was approved as part of the 1999 zoning ordinance amendment. The applicant is proposing to modify the concept plan to reflect the existing 13-story office building and 5-level parking garage and the proposed 13-story and 15-story office buildings, an 8-level parking garage, elevated pedestrian walkways and a plaza area. The significant changes to the concept plan are north of International Parkway to address modification to phase II and phase III buildings. The building orientations generally remain the same; however, the surface parking area has been modified in order to accommodate a permanent plaza area near the northwest corner of International Parkway at Dallas Parkway. The Planning and Zoning Commission recommended as a condition for approval that the concept plan and associated sample plan be revised to reflect a maximum of 20 parking spaces and a maximum of 40 percent hardscape improvements. The revised concept plan and sample plan, file-dated May 9, 2000 adequately addresses the recommended condition. A companion site plan application has also been submitted by the applicant. If the proposed zoning request is denied by the City Council, then the site plan application cannot be approved as currently proposed. The Planning and Zoning Commission, by a 4 to 2 vote, recommends approval of the rezoning petition and the associated concept plan, file- dated May 9, 2000. Mayor Phelps opened the public hearing. Mr. Berry Knight, 5400 Renaissance Tower, representing the applicant Wilcox Development Services, stated he had a presentation but the Mayor had outlined the major parts of his presentation. Mr. Knight briefly outlined Wilcox's proposal for a 13-story building with an 8-story parking garage. He stated that Wilcox already has a major tenant interested in this facility. Mr. Knight stated he would be available to answer any questions the Council may have. Volume 83, page 98 Mr. Mark Reinikka, Kennedy Associates, representing Providence Towers, 5001 Spring Valley Road, stated he was present to clarify Providence's position on this proposal and emphasized three items. (1) Providence is not against additional development around Providence Towers. (2) Providence would like to offer input on the modification of the northern parking garage in which the applicant wants to increase parking from 5 to 8 stories. Providence recommends that some of the increase be put below grade. (3) Providence would like the City to study the traffic situation north of Spring Valley and the Dallas Parkway and recommend solutions. He also recommended that a signal be installed at International Parkway and Dallas Parkway. He stated this would benefit the development in the area. Mr. Reinikka thanked the Council and stated he would be available to answer any questions. A motion by Councilman Walden, seconded by Mayor Pro Tern Moses, all voting "aye," closed the public hearing. Councilwoman Davis stated she is concerned about the appearance of the parking garage at a major entrance to Farmers Branch and asked Mr. Knight if they had considered putting some of the parking below grade. Mr. Knight stated the following: the parking facilities are behind the building and not visible from Dallas Parkway; the parking facility has enhanced elevation features and will not look like stark parking garages; the parking garage is a football field length away from Providence Towers; the parking facility would have landscape around it, such as Bald Cypress trees; and lastly Mr. Knight stated that in negotiations with the major tenant it was important to provide the 8-story above-ground parking facility. He stated that for all these reasons he is requesting Council's approval for this facility. Councilman Walden asked Mr. Knight if he added two stories to the existing building. Mr. Knight replied yes that it was within the proposed zoning. Councilman Walden asked if the adding of two additional floors would make the development more profitable. Mr. Knight stated the entire development package was designed for the tenant. Volume 83, page 99 Councilman Walden stated that it is a nice project but he has some fundamental problems with the 8-story parking garage. He stated his opposition for the approval of the 8-story parking garage, and recommended 3 floors of parking be placed below grade. Mr. Knight replied that the economic viability of the project is partially his client's problem but it also includes the City of Farmers Branch wanting to attract a tenant at this location. Councilman Walden stated he knows the City has made it very competitive from a tax perspective to attract this tenant. Councilman Bird asked about the Bald Cypress trees and asked Mr. Knight if he would meet with Jeff Fuller or Pam Smith of the Parks Department to consider the planting of evergreens as screening trees, as Bald Cypress's shed their leaves during the winter. Mr. Knight stated they are not committed to Bald Cypress and he would check with Mr. Fuller. Mayor Phelps asked Mr. Knight if this item were denied if it would affect Chase's relocation to Farmers Branch. Mr. Knight replied it would have a devastating effect. Councilman Walden made a motion to recommend 3 floors of parking be placed below grade. The motion died for lack of a second. Councilwoman Davis made a motion to recommend 2 floors of parking be placed below grade, seconded by Councilman Walden. The motion died for lack of a vote. Mr. Escalante explained that requiring some level of underground parking on this proposal would in effect be denying this proposal and would require the applicant to start the process all over again. Councilwoman Davis asked Mr. Knight if there was any possibility of putting some of the parking underground. Mr. Knight replied no. There being no further discussion, a motion by Councilwoman Davis, seconded by Councilman Bird, with Davis, Robbs, Moses, and Bird, voting "aye," and Councilman Walden voting "nay," by a 4 to 1 vote adopted the following captioned Ordinance No. 2538 approving the Volume 83, page 100 proposed rezoning petition and associated concept plan file-dated May 9, 2000. 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 DEVELOPMENT STANDARDS AND PERMITTED USES OF THE PLANNED DEVELOPMENT NO. 53 ZONING DISTRICT (PD-53); INCLUDING APPROXIMATELY 13.524 ACRES OF PROPERTY GENERALLY LOCATED 220 FEET NORTH OF SPRING VALLEY ROAD AND BOUNDED BY THE DALLAS NORTH TOLLWAY TO THE EAST, A 100-FOOT WIDE T.U. ELECTRIC UTILITY RIGHT-OF-WAY TO THE WEST AND THE TOWN OF ADDISON TO THE NORTH; REPEALING ORDINANCE 2466; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF WILCOX DEVELOPMENT SERVICES, INC., FOR SITE PLAN APPROVAL OF A 13- STORY OFFICE BUILDING, A 15-STORY OFFICE BUILDING, AN 8- LEVEL PARKING GARAGE AND ELEVATED WALKWAYS ON 13.524 ACRES LOCATED ON THE NORTH AND SOUTH SIDES OF INTERNATIONAL PARKWAY, ON THE WEST SIDE OF DALLAS PARKWAY, AND APPROXIMATELY 200 FEET NORTH OF SPRING VALLEY ROAD, WITHIN PLANNED DEVELOPMENT NO. 53 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is requesting approval of a site plan for a 13-story office building and a 15- story office building, including an 8-level parking garage. The proposed request consists of a total of 799,000 square feet of office space. The proposed site plan also reflects an elevated, enclosed pedestrian walkway over International Parkway, which will connect the existing One International office building and parking garage to the proposed phase II office building. The applicant is proposing to provide a plaza area in front of the proposed office buildings. The final conceptual design has not been determined for the plaza area. However, the applicant has committed to provide hardscape and softscape materials within the plaza area and is requesting that the final plan for the plaza area be subject to approval by staff. Volume 83, page 101 A maximum 8-level parking garage is proposed for this development. Since the parking garage is to satisfy the parking requirements for both the phase II and III office buildings, the applicant will need to construct the parking garage concurrently with the first office building constructed. The parking garage shall be completed prior to issuance of an occupancy permit for the first office building constructed. A companion zoning application has also been submitted by the applicant. If the proposed zoning request is denied by the City Council, then the site plan application cannot be approved as currently proposed. The Planning and Zoning Commission, by a 4 to 2 vote, recommends approval of the proposed site plan, file-dated May 9, 2000, with the following conditions: 1. A conceptual landscape plan for the plaza area, consisting of a maximum of 40 percent hardscape improvements, including required fire lanes and parking, and the remaining area being dedicated to softscape landscaping materials, shall be submitted to staff for review and approval, prior to issuance of a building permit for the first office building constructed, and a final landscape plan for the plaza area shall be submitted to staff and for review and approval prior to the installation of materials. All improvements associated with the plaza area shall be installed by the applicant, prior to issuance of the first occupancy permit. 2. The final parking space layout shall be subject to approval by staff, prior to issuance of a building permit for the first office building to be constructed. 3. The applicant shall construct the parking garage concurrently with the first office building constructed and the parking garage shall be completed prior to issuance of an occupancy permit for the first office building to be constructed. 4. The applicant shall provide a masonry screening wall enclosure and/or landscape screening for the mechanical equipment; if a screening wall is proposed, then the exterior finish of the screening wall shall be consistent and complimentary with the exterior facade of the proposed office buildings. 5. The applicant shall revise legal records to reflect a 20 foot instead of 25 foot setback along interior streets due to utility easements; the applicant may submit a revised plat or legal document which includes the abandonment of 5 feet of the existing 15 foot utility easement, prior to issuance of the first occupancy permit. Volume 83, page 102 6. The applicant shall be responsible for entering into a license agreement, developers contract, or similar legal instrument, with the City. 7. The applicant shall be responsible for submitting to staff a site plan reflecting improvements associated with both the daycare and outdoor cafe/dining area, subject to review and approval by staff, prior to issuance of a building permit for those uses. 8. Prior to the applicant installing any freestanding or wall signs, the applicant shall be responsible for submitting a sign package to the City for review and approval by staff. Mayor Phelps opened the public hearing. Mr. Berry Knight, 5400 Renaissance Tower, representing the applicant Wilcox Development Services stated he is in agreement with the conditions, recommended by the Planning and Zoning Commission. Mr. Reinikka, Kennedy Associates, representing Providence Towers, 5001 Spring Valley Road, voiced the same concerns on the previous item, specifically concerning the height of the parking facility. A motion by Mayor Pro Tern Moses, seconded by Councilman Robbs, all voting "aye," closed the public hearing. Councilwoman Davis asked about the traffic coming out of this development for approximately 3,000 employees. She asked if anything could be done. Mr. Dave Davis, Traffic Engineer, stated Wilcox did a traffic study and it concluded the nearby intersections could handle traffic resulting from up to 1.2 million square feet of development. Mr. Davis stated that improvements at the intersection of Spring Valley Road and Dallas Parkway had performed very well to relieve congestion. The study stated that at build-out the city might need to consider traffic signals at International Parkway and Inwood Road. He also stated that representatives with Providence Towers requested the City remove a median island on Spring Valley Road that is presently under review. Councilman Walden stated he wanted to state his objections and concerns regarding the 8-story parking garage. There being no further discussion, a motion by Councilwoman Davis, seconded by Councilman Bird, with Davis, Robbs, Moses, and Bird, voting "aye," and Councilman Walden voting "nay," by a 4 to 1 vote Volume 83, page 103 adopted Resolution No. 2000-092 approving the proposed site plan, file- dated May 9, 2000 with the conditions recommended by the Planning and Zoning Commission. C.7 PUBLIC HEARING: CONSIDER THE REQUEST OF BRENDA MCDONALD ON BEHALF OF PROVIDENCE TOWERS DALLAS, TO AMEND THE PLANNED DEVELOPMENT NO. 44 ZONING DISTRICT DEVELOPMENT STANDARDS RELATIVE TO SIGNS FOR PROPERTY LOCATED AT 5001 SPRING VALLEY ROAD, THE NORTHWEST CORNER OF SPRING VALLEY ROAD AND THE DALLAS NORTH TOLLWAY, AND TAKE APPROPRIATE ACTION. Mayor Phelps moved this item to follow item C.2 in consideration of the parties present, and presented the following information. The subject property is the existing Providence Towers office development on Spring Valley Road at the Tollway. The applicant is requesting a zoning amendment to modify the development standards in Planned Development No. 44 to allow, in addition to the existing signage, two tenant identification signs, three wall signs and any incidental signs necessary for pedestrian and automotive traffic. There presently exists one project monument sign, three tenant identification signs, and no wall signage. The applicant is requesting that the zoning allow a total of three wall signs, maximum area 250 square feet each, within an area nine feet below the top of roof parapet. In addition to the wall signage, the applicant is requesting that a total of five tenant identification signs, maximum area 56 square feet each, located a minimum of 30 feet from public rights-of-way, be allowed. The applicant is also proposing that the zoning allow incidental signs not to exceed a maximum area of nine square feet each and three feet in height. The proposed zoning would require that project monument and tenant monument signs be externally illuminated, have individual letters and be architecturally consistent with the existing building and other existing signage. Final design and location of all signs would be reviewed and approved by City staff. The proposed sign standards are consistent with those on neighboring properties and other existing signage in this area. No other changes are proposed to the existing ordinance. The Planning and Zoning Commission unanimously recommends approval of the proposed zoning amendment, file dated April 24, 2000. Volume 83, page 104 Mayor Phelps opened the public hearing. Mr. Robert Baldwin, 270 N. Denton Tap, Suite 100, Coppell, representing Providence Towers, J.V., stated he was present to ask the Council to amend PD-44 for signage on the two buildings. He stated he would be available to answer any questions the Council had. Mr. Berry Knight stated they are in support of the zoning request. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Bird, all voting "aye," adopted the following captioned Ordinance No. 2541 amending PD-44 relative to signage. 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 DEVELOPMENT STANDARDS OF THE PLANNED DEVELOPMENT NUMBER 44 ZONING DISTRICT (PD-44) INCLUDING THE TRACT OF LAND BOUNDED ON THE SOUTH BY SPRING VALLEY ROAD; BOUNDED ON THE WEST BY DALLAS POWER & LIGHT CO. RIGHT OF WAY; ON THE NORTH BY THE HENRY S. BUTTS, JR. PROPERTY; AND ON THE EAST BY DALLAS PARKWAY; REPEALING ORDINANCE NUMBER 1432; PROVIDING A SAVING CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF JOHN BROOKS FAMILY CORPORATION FOR A SPECIFIC USE PERMIT AND APPROVAL OF AN ASSOCIATED SITE PLAN TO ALLOW A FULL SERVICE FUNERAL HOME AND SIGNAGE AT 2710 VALLEY VIEW LANE, LOCATED ON THE SOUTH SIDE OF VALLEY VIEW LANE APPROXIMATELY 250 FEET EAST OF TOM FIELD ROAD ANDWITHIN THE OFFICE ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is requesting approval of a Specific Use Permit and an associated site plan to convert an existing doctor's office into a full service funeral home and to approve the existing on-premise sign in front of the building. Both the funeral home and on-premise sign require approval of Specific Use Permits in the Office zoning district. Volume 83, page 105 Proposed improvements to the property include: a parking lot to accommodate tandem parking on-site east of the building; porte- cocheres and new entrances on the east and north sides of the building; additional landscaping to screen parking areas along Valley View Lane and the east and west property lines; and an eight foot tall masonry wall along the full extent of the south property line abutting the residential neighborhood. At the May 9, 2000 meeting, the Zoning Board of Adjustment granted the applicant variances allowing the tandem parking relative to the funeral home use and allowing the two-way driveway and parking to be located within the front yard. The Planning and Zoning Commission recommends approval of the proposed specific use permit and associated site plan, file-dated May 3, 2000 with the following conditions: 1. The use shall be conducted in strict accordance to the plan of operation, file-dated April 18, 2000. 2. The proposed masonry fence shall be architecturally compatible with the main building. 3. A lighting plan for the site shall be provided and subject to city staff approval, prior to issuance of any building permits. A maximum of 0.5 foot-candle of light intensity at the residential property lines, and a maximum of 2.5 foot-candles of light intensity along the Valley View Lane right-of-way line and the adjacent commercial property lines shall be permitted. 4. No outside storage is permitted. Any biohazard materials shall be transported from the premises by certified carriers. 5. The site's five lots shall be replatted into a single lot prior to the issuance of any building permits. Mayor Phelps opened the public hearing. Mr. Dick Calvert, Calvert and Associates, representing J.P. Brooks, explained that it is a challenge to take an existing facility and adopt it to another use, in this case, a medical facility to a funeral home. Mr. Calvert reviewed the question of in-line parking at this facility and stated it is convenient and safe. Also the project is in the architectural stage now and the height of the roof is unknown. Only 40% of funerals will be held in the building itself. Mr. Calvert stated he was in agreement with the conditions recommended by the Planning and Zoning Commission and resubmitted a site plan to staff. Volume 83, page 106 Mr. John Wells, 13521 Heartside Place, stated he had no objections to the funeral home; he wants to ensure that parking spaces are provided. Ms. Judy Byrd, 2980 Eric Lane, stated she has known Mr. Brooks for many years and thinks the funeral home would be an asset to Farmers Branch. Mr. Tom Hill, 2957 Harlee Drive, stated he is in full support of the funeral home. Mr. Eddy Ketchersid, 3002 Randy Lane, spoke in favor of the funeral home. Mr. John P. Brooks, President of J.P. Funeral Homes, 6309 Elder Road Drive, on behalf of his family asked for approval of the family owned funeral home in Farmers Branch. Mr. Calvert stated there would be approximately 75 parking spaces of which 31 would be regular and 44 in-line parking spaces. Staff and the Zoning Board of Adjustments have agreed this is adequate. A motion by Mayor Pro Tern Moses, seconded by Councilwoman Davis, all voting "aye," closed the public hearing. Councilman Bird stated he is in favor of the funeral home but asked Mr. Brooks if it would be possible to change the funeral home's name to Farmers Branch Chapel at North Dallas. Mr. Brooks replied there are trade journals and directories that list funeral homes facilities and there is no listing for Farmers Branch. Therefore, the funeral home would be called North Dallas Funeral Home at Farmers Branch. There being no further discussion, a motion by Councilman Robbs, seconded by Councilwoman Davis, all voting "aye," adopted the following captioned Ordinance No. 2542. 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 FULL SERVICE FUNERAL HOME LOCATED AT 2710 VALLEY VIEW LANE APPROXIMATELY250 FEET EAST OF THE SOUTHEAST CORNER OF VALLEY VIEW LANE AND TOM FIELD Volume 83, page 107 ROAD AND WITHIN THE OFFICE 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.4 PUBLIC HEARING: CONSIDER THE REQUEST OF CYNTHIA RICE FOR A SPECIFIC USE PERMIT TO ALLOW THE CONTINUED USE OF AN EXISTING 240 SQUARE FOOT ACCESSORY BUILDING LOCATED AT 13608 BIRCHLAWN DRIVE AND WITHIN THE ONE-FAMILY RESIDENCE DISTRICT-6 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In September 1997, Ordinance No. 2329 was enacted to address size, architectural compatibility and foundation requirements of accessory buildings. This ordinance requires a Specific Use Permit for an accessory building over 120 square feet which is to be designed and constructed with materials similar to the main structure, architecturally compatible with the main structure and constructed on permanent concrete foundation. The existing 240-square-foot accessory building located at 13608 Birchlawn Drive is twice the size allowed. The roof style and materials composing the accessory building are not architecturally compatible with the main structure. The foundation of concrete blocks and wooden runners does not meet the requirement of a permanent concrete foundation. The Planning and Zoning Commission, by a 4 to 2 vote, recommends denial of the Specific Use Permit. Motion to deny the petition, file-dated March 8, 2000 as recommended by the Planning and Zoning Commission. Mayor Phelps opened the public hearing. Mayor Phelps stated the City was notified this afternoon that this request be withdrawn. He suggested the public hearing be closed and the Specific Use Permit be denied without prejudice so the applicant could return at a later date, if they so desired. A motion by Mayor Pro Tern Moses, seconded by Councilman Walden, all voting "aye," closed the public hearing. Mr. Michael Spicer, Director of Community Services stated this afternoon the applicant telephoned the city and spoke with Jim Olk, Building Volume 83, page 108 Official, and asked that this request be withdrawn. Mr. Spicer also stated Community Services had not received anything in writing. Mr. Spicer stated staff is recommending to Council that this request be denied without prejudice. Councilman Walden asked if any building permits were pulled for this building or did the City grant permission for this structure to be erected. Mr. Spicer replied the building came to the City's attention after a complaint by a neighboring resident, and no permits were issued. Councilman Walden asked if the City had prior knowledge or approval of the building. Mr. Spicer replied no. There being no further discussion, a motion by Councilman Walden, seconded by Mayor Pro Tern Moses, all voting "aye," denied the Specific Use Permit without prejudice. C.5 PUBLIC HEARING: CONSIDER THE REQUEST BY TACO BELL TO AMEND AN EXISTING SPECIFIC USE PERMIT AND ASSOCIATED SITE PLAN TO MODIFY EXISTING AWNING, WALL, DIRECTIONAL AND POLE SIGNS AT 4151 LBJ FREEWAY LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND LBJ FREEWAY AND WITHIN THE PD-68 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On January 18, 1993, the City Council approved a specific use permit for a non-drive-in restaurant with outside sales window at 4151 LBJ Freeway. The applicant is requesting an amendment to the existing specific use permit and the existing associated site plan. The proposed changes consist of modifications to the existing development's wall signs, pole sign, awning and directional signs. The modifications consist of changing the logos on the wall and pole signs, and changing the colors on the awning and directional signs. The sizes and locations of all signs remain unchanged. The modification of the signs is sought for advertising purposes due to the inclusion of Pizza Hut products in the Taco Bell menu offerings. Comparison of the approved landscape plan and field verification shows a deficiency of three trees on the site. Volume 83, page 109 This deficiency has been addressed in an added condition by staff. The Planning and Zoning Commission, by unanimous vote recommends approval of the proposed specific use permit and the associated site plan, file-dated May 4, 2000 with the following condition: 1. The proposed pole sign shall not exceed 50 feet in height and 300 square feet in area. ADDITIONAL STAFF RECOMMENDATION: 2. Sufficient trees shall be added to bring the site into compliance with the approved landscape plan before any building permits are issued. Mayor Phelps opened the public hearing. Mr. Carl Lang, Metrocrest Sign, 2607 Sherwood, Lancaster, Texas, stated he would be available to answer any questions. Mr. Matt Solide, 1806 Wildwood Trail, Anna, Texas, stated he would be available to answer any questions. A motion by Councilman Bird, seconded by Council Robbs, all voting "aye," closed the public hearing. Mayor Phelps asked the applicant if he was in agreement with the conditions. Mr. Solide replied he was in agreement with the conditions. There being no further discussion, a motion by Councilman Walden, seconded by Mayor Pro Tern Moses, all voting "aye," adopted the following captioned Ordinance No. 2540 with the condition recommended by the Planning and Zoning Commission and with the additional staff recommendation. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, SO AS TO AMEND A SPECIFIC USE PERMIT AND ASSOCIATED SITE PLAN TO ALLOW AWNING AND SIGN MODIFICATIONS FOR A NON DRIVE-IN RESTAURANT WITH OUTSIDE SALES WINDOW LOCATED AT 4151 LBJ FREEWAY Volume 83, page 110 AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND LBJ FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NO. 68 (PD-68) ZONING DISTRICT; REPEALING ORDINANCE NUMBER 2018; 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.6 PUBLIC HEARING: CONSIDER THE REQUEST OF ROBERT H. REYNOLDS TO REZONE AN APPROXIMATE 0.16 ACRE TRACT OF LAND LOCATED AT 13109 HOLBROOK AND GENERALLY SITUATED BETWEEN TOM FIELD ROAD AND HOLBROOK ROAD APPROXIMATELY 100 FEET SOUTH OF VALLEY VIEW LANE, FROM RESIDENTIAL-6 (R-6) TO OFFICE (0) ZONING AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject property was granted a specific use permit in 1969 for a dance studio. The applicant purchased this site and converted the dance studio to serve as an expansion of the existing office to the north. The property immediately adjacent to the north of the subject property is presently zoned Office. The applicant intends to replat the subject property and the adjacent lot to the north into one lot. The proposed rezoning request is not consistent with the residential development recommendations of the Comprehensive Plan, however, the property has been used for non-residential purposes for more than 30 years. The subject property is also surrounded by Office zoning and non- residential development to the north, west and east. The Comprehensive Zoning Ordinance requires a six-foot tall masonry wall between a single-family residential tract and a lot zoned for any other purpose. The applicant currently also owns the single-family residence to the south. To mitigate any potential impact of the non- residential use on the residential neighborhood, staff recommends a six- foot tall masonry fence be installed along the south property line, outside the front yard of Holbrook Drive. The Planning and Zoning Commission, by a 4 to 2 vote, recommends approval of the zoning petition, subject to the following condition: 1. A six-foot tall masonry fence shall be installed along the south property line, outside the front yard of Holbrook Drive, prior to platting. Volume 83, page 111 Mayor Phelps opened the public hearing. Mr. Wayne Reynolds, 2916 Cambridgeshire, Carrollton, representing his father, Bob Reynolds, who owns the property, stated he would be available to answer any questions and expressed his support of the zoning request. A motion by Councilman Robbs, seconded by Councilman Bird, all voting "aye," closed the public hearing. Councilman Walden asked what kind of business would be conducted at this location. Mr. Reynolds replied an insurance agency. Mayor Phelps asked the applicant if he was in agreement with the condition recommend by the Planning and Zoning Commission. Mr. Reynolds replied he was in agreement with the condition. There being no further discussion, a motion by Councilwoman Davis, seconded by Mayor Pro Tern Moses, all voting "aye", adopted the following captioned Ordinance No. 2543 approving the zoning request including the recommended condition 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 AMENDED; BY CHANGING THE ZONING DISTRICT CLASSIFICATION OF A 0.16-ACRE TRACT LOCATED ON THE EAST SIDE OF TOM FIELD ROAD, ON THE WEST SIDE OF HOLBROOK DRIVE, AND SOUTH OF VALLEY VIEW LANE (13109 HOLBROOK DRIVE), FROM ONE-FAMILY RESIDENCE DISTRICT-6 TO OFFICE DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. C.7 Followed item C.2. C.8 PUBLIC HEARING: CONSIDER THE REQUEST OF THE NORTH CENTRAL TEXAS FARMERS CORPORATION TO GRANT A SPECIFIC USE PERMIT-INTERIM USE FOR A FARMERS MARKET AT 12731 DENTON Volume 83, page 112 DRIVE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 70 (PD- 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 west side of Denton Drive. For the past three years, the North Central Texas Farmers Corporation has leased spaced from the City of Farmers Branch at 12731 Denton Drive, to operate a farmers market. The North Central Texas Farmers 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 to be constructed. 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 May 24, 2000 through December 31, 2000. Produce to be sold will be grown by individual farmers within a 150 mile radius of the metroplex. The proposed farmers market satisfies the criteria for the grant of a Specific Use Permit-Interim Use. The Planning and Zoning Commission, by unanimous vote, recommends approval of the Specific Use Permit-Interim Use, subject to the site plan, file-dated April 19, 2000, and the following conditions: 1. The farmers market shall operate on Wednesday and Saturday of each week between the hours of 7:00 a.m. and 5:00 p.m. 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, 2000. 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 May 24, 2000 through December 31, 2000. Mayor Phelps opened the public hearing. Mr. Sammy Mitchell, Rt. 3, Box 772, Nocona, Texas, stated the North Central Texas Farmers Corporation would like to continue using the same location as they have the past three years and would be open on May 27, 2000. He stated he would be available to answer any questions. Volume 83, page 113 A motion by Mayor Pro Tern Moses, seconded by Councilman Robbs, all voting "aye," closed the public hearing. Councilwoman Davis asked how many vendors would be participating. Mr. Mitchell stated there would be six spaces with the possibility of eight spaces. He stated there are approximately 60 members in the organization. Councilwoman Davis asked what would be the first available produce. Mr. Mitchell replied the basics such as squash, tomatoes, and cucumbers. Mayor Phelps asked Mr. Mitchell if he was in accordance with the conditions. Mr. Mitchell replied he was. Councilman Bird asked if there had been any complaints from last year. Mr. John Burke, Assistant City Manager, replied there have been no complaints. There being no further discussion, a motion by Councilwoman Davis, seconded by Mayor Pro Tern Moses, all voting "aye," adopted the following captioned Ordinance No. 2546 subject to the site plan file- dated April 19, 2000, with the two 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 MAY 24, 2000 AND EXPIRING ON DECEMBER 31, 2000 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 Volume 83, page 114 FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. D.1 CONSENT. D.2 CONSENT. D.3 CONSIDER ADOPTING ORDINANCE NO. 2544 ESTABLISHING THE EQUIPMENT AND INSTALLATION RATES CHARGED BY TCI CABLEVISION OF DALLAS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City must determine if the equipment and installation rates proposed by TCI Cablevision of Dallas doing business as AT&T Cable Services are reasonable by federal rate regulations. City staff and its consultant, C2 Consulting Services, have reviewed the rates and have determined that the rates proposed in Ordinance No. 2544 for equipment charges and installation charges are found to be reasonable. Staff recommends adopting Ordinance No. 2544 establishing the equipment and installation rates that TCI can charge subscribers effective June 1, 2000. There being no discussion, a motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," adopted the following captioned Ordinance No. 2544 establishing the equipment and installation rates that TCI can charge subscribers effective June 1, 2000. D.4 CONSIDER ADOPTING ORDINANCE NO. 2545 ESTABLISHING BASIC SERVICE CABLE TELEVISION RATES CHARGED BY TCI CABLEVISION OF DALLAS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City must determine if the basic service cable television rate proposed by TCI Cablevision of Dallas is reasonable as allowed by federal regulations. These rates will go into effect June 1, 2000. City Staff, the City Attorney's Office, and the City's rate consultant, C2 Consulting Services have reviewed the rates submitted by TCI. The City is permitted by federal regulation to review the maximum permitted basic service tier rates. The City may not set rates for expanded basic, premium services, pay-per-view services or digital services. If the basic service rate proposed by AT&T is found by the City Council not to be in Volume 83, page 115 compliance with federal rate regulations, the City Council may establish a maximum rate that is consistent with federal regulations. TCI has submitted a maximum permitted rate of $13.87. However, TCI has chosen to implement an operator selected rate of $13.75 which they are allowed to do under federal law. This is an increase of $2.83 from the current rate of $10.92. The main reason for the large increase is the recently completed fiber upgrade within the City. Since 1996, the City of Farmers Branch has appealed many of TCI rate filings to the Federal Communications Commission (FCC). AT&T has approached the City regarding settling these issues. As part of the settlement, TCI will refund a one-time credit to all customers who receive basic service in the amount of $2.25. This credit will be received within 60 days. Ordinance No. 2545 establishes a basic rate and agrees to the settlement and the $2.25 one-time refund. Although the City Council is prohibited by law from regulating the expanded basic rate, TCI will implement an expanded basic rate of $16.74 up from $15.70. For the customer who has basic and expanded basic service, the monthly bill will increase $3.29 excluding equipment charges and fees. Staff recommends adopting Ordinance No. 2545. Councilwoman Davis asked if the one time refund sets precedence or is the city going to start over. Ms. Connie Cannady, 7801 Penn Cross, Dallas stated that the refund is the result of various appeals that the City responded to in 1996, 1997, 1998, and 1999. AT&T determined what this refund would be. The refund dealt primarily with charges for equipment and not programming and essentially resolves the appeals from the prior years. This does not set any precedence for any future refunds. Councilwoman Davis asked about headend charges from Dallas. Ms. Cannady responded that the basic rate is set at $12.03. The headend charge of $1.84 is used to recoup equipment upgrades and should be constant until the upgrade expense has been returned. Volume 83, page 116 Councilwoman Davis stated that it was her recollection during previous discussions with TO that there would be no additional charge for fiber optics upgrade. Ms. Cannady stated she would have to defer that question to the AT&T representative but did state that the FCC rules allow cable companies to charge for system upgrades provided the upgrades equal a certain percentage of their equipment cost. Councilwomen Davis commented that basic and expanded basic rate were increased but digital service remained the same. She wondered if AT&T was trying to drive the customers into digital services. Ms. Cannady stated Council would have to speak with the representative since the City has no control over the rates. Councilwoman Davis responded that a 30% increase in one year is excessive. Ms. Cannady stated it was her recollection that there were additional channels added to the expanded basic package. Councilwoman Davis committed again that it was her recollection the additional channels on expanded basic would not result in a higher rate. Mr. Escalante stated Matthew Boyle, City Attorney, was present in the absence of Margaret Somereve to answer any questions. Mr. Boyle stated the calculated basic rate was actually $12.02 not $12.03 for TO Cablevision of Dallas's filling and this rate does not include the headend only charge. Councilwoman Davis asked if the City had settled the headend issue. Mr. Boyle responded no; however setting the rate issue at $12.02 sets the foundation for future rate appeal filings. Councilwoman Davis asked if a representative from AT&T was present. Mr. Richard Treich, Senior Vice President for AT&T Broadband of Englewood, Colorado, stated he was present to answer any questions. Councilwoman Davis asked if he was originally with AT&T or was he with TCI. Volume 83, page 117 Mr. Treich replied he has been with TO since 1995. Councilwoman Davis stated she feels that TO has not been the best utility for Farmers Branch. She stated Farmers Branch was told they would receive the upgrade because of the poor reception in many areas of the City. Councilwoman Davis reiterated that the service to the city has had consistently poor service and poor quality to the viewers. She feels TO is not living up to the minimum service requirements the City has requested. Also the added improvements for digital have not improved the service. Councilwoman Davis asked Mr. Trisch what the plans are to improve the service and whether the $1.84 for upgrade is necessary. Mr. Trisch stated he is not present to address the service side. He is present to discuss the rates, forms and calculations. He did say that he will let the operating employees know the city's concerns but does not promise anything. Councilwoman Davis asked who would handle this area. Mr. Dick Kirby, Regional Director of Franchise, AT&T Community Services, stated what AT&T has done with the upgrade of the system in Farmers Branch is to deliver on its promises for improved services. He stated they are in full compliance with the Federal Communication Commission Service requirements as well as NTCA requirements. Mr. Kirby stated the level of complaints about services have dropped dramatically in the first quarter. Mr. Kirby also stated their operating standards to delivered quality pictures are measured by national standards established by the FCC. He stated AT&T has come a long way and continues to maintain its commitment to improve services through training, better facilities, and better call in facilities in Farmers Branch. Councilwoman Davis asked what about her questions about the promises that were made by TCI. She stated there has been a high turnover in staff with TCI. She also hoped Mr. Kirby would be available to discuss issues in the future if needed. Mr. Kirby stated he is very committed to AT&T and would be available to Farmers Branch. Volume 83, page 118 Councilwoman Davis asked Mr. Kirby for a phone number. Mr. Kirby stated he would provide his phone number for whatever issues the residents may have. He would personally work with the City to resolve any issues. Mayor Pro Tern Moses commented that the last time he had a complaint he had to go through the City. He feels there should be a number that citizens can use to resolve their issues. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," adopted the following captioned Ordinance No. 2545 establishing a basic rate and agreeing to the settlement and the $2.25 one-time refund. 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. D.5 CONSIDER ADOPTING RESOLUTION NO. 2000-090 AWARDING THE BID FOR TANGLEWOOD DRAINAGE IMPROVEMENTS TO S.J. LOUIS CONSTRUCTION, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 1999-2000 Capital Improvement Program Non-bond Fund Mid-Year Amended budget provides $825,000 for the Tanglewood Drainage Improvements. The improvements will consist of the installation of a storm sewer and inlets on Tanglewood Drive east of Braemar Drive and two detention ponds as well as channel widening within the Brookhaven Country Club golf course. The improvements will substantially reduce street flooding in Tanglewood Drive. Fifteen contractors picked up the specifications for this project. Five bids were received and opened on May 2, 2000. The five bids met specifications. The low bid was received from S.J. Louis Construction, Inc. in the amount of $739,066.51. The contract time is 120 calendar days for the entire project. All work on the golf course will be completed during June and July 2000. S.J. Louis Construction, Inc. has provided adequate qualifications and references for similar work. An easement was required by the City to construct these drainage improvements. The acceptance of the drainage easement from Brookhaven Country Club is a related item on this Council Agenda. Volume 83, page 119 The City Engineer recommends adopting Resolution No. 2000-090 awarding the bid for Tanglewood Drainage Improvements to S.J. Louis Construction, Inc. in the amount of $739,066.51. There being no discussion, a motion by Councilman Robbs, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2000-090 awarding the bid for Tanglewood Drainage Improvements to S.J. Louis Construction, Inc. in the amount of $739,066.51. D.6 CONSENT. D.7 CONSIDER ADOPTING RESOLUTION NO. 2000-072 AUTHORIZING THE PURCHASE OF A 2000 AMBULANCE ON THE HOUSTON GALVESTON AREA COUNCIL OF GOVERNMENTS CONTRACT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 1999-2000 Fixed Asset Fund for equipment replacement includes $161,000 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 that satisfies the specifications of the Farmers Branch Fire Department. The Houston Galveston Area Council purchasing program complies with State purchasing laws. The total purchase price to be paid to Houston Galveston Area Council is $114,269.77. This price also includes an administrative fee of $1,768.77. Purchasing the ambulance through Houston Galveston Area Council of Governments is expected to save at least $3,000 on the purchase price. This is accomplished by volume purchasing by combined Fire Departments in Texas. If the ambulance order is submitted by June 1, 2000, the expected delivery date is September 30, 2000. The City has an interlocal agreement with Houston Galveston Area Council that can be used to purchase the vehicle. The Fire Chief recommends adopting Resolution No. 2000-072 authorizing the purchase of a 2000 ambulance on the Houston Galveston Area Council of Governments Contract in the amount of $114,269.77. There being no discussion, a motion by Councilman Walden, seconded by Mayor Pro Tern Moses, all voting "aye," adopted Resolution No. 2000-072 authorizing the purchase of a 2000 ambulance on the Houston Volume 83, page 120 Galveston Area Council of Governments Contract in the amount of $114,269.77. D.8 CONSIDER APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION, APPOINTMENTS TO THE LIBRARY BOARD AND APPOINTMENTS TO THE SENIOR ADVISORY BOARD AND TAKE APPROPRIATE ACTION. The following members of the Planning and Zoning Commission have terms that expired on May 1, 2000: David Merrit 5/1/00 Stan Armstrong 5/1/00 Joe Patterson 5/1/00 A motion by Mayor Pro Tem Moses, seconded by Councilman Bird, all voting "aye," reappointed David Merrit, Stan Armstrong, and Joe Patterson to the Planning and Zoning Commission. The following members of the Library Board have terms that expired on May 1, 2000: 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 A motion by Mayor Pro Tern Moses, seconded by Councilman Bird, all voting "aye," reappointed Lorraine Blair, Diane Graifemberg, Gloria Aguilar, Carla McGee and Ruby Neeley to the Library Board. On May 3, 2000 the Mayor received notice that Jeanne Gruben is resigning from the Senior Advisory Board effective as of June 1, 2000. A motion by Mayor Pro Tern Moses, seconded by Councilman Bird, all voting "aye," moved Elva Zombola to Place 7, moved Don Brockman to Alternate Place 1 and appointed Melvin Long to Alternate Place 2. D.9 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mr. Escalante stated he and Charles Cox, Finance Director traveled to Houston on May 9, 2000, to meet with a councilmember, his staff, and members of the finance administration staff for the City of Houston. Volume 83, page 121 He stated they were invited to discuss Farmers Branch's dividend plan and financial management tools. Also he stated there was an article in Sunday's Houston Chronicle discussing the alternatives that they had presented. Mr. Escalante stated all expenses related to this trip were funded by the award the City received from the Ford Foundation to disseminate the information on the Dividend Plan. D.10 CITIZEN PARTICIPATION. There was no citizen participation. 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 6:55 P.M. AND CONCLUDED AT 7:20 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. E.01 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 the City Attorney and City Staff updated the City Council on the above contemplated litigation. E.1 b DISCUSS LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT 12715, 12400 (12631), AND 12621 DENTON DRIVE. Mayor Phelps stated Staff updated the City Council on the above mentioned land acquisition. E.2 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Volume 83, page 122 Mayor Phelps read the following statement: Following a series of executive session meetings, concerning the CFBISD school site selection, the City is at an important crossroad, related to the district's actions. That and other recent activity and decisions by the district cause serious concern to the City relative to fairness and equity for Farmers Branch residents and students. Based on the current status of the situation and anticipated future district actions, the City will immediately pursue all of its available options to insure an equitable and speedy solution with action to be taken at the next City Council meeting on June 5cn Mayor Phelps called for necessary action on land acquisition. A motion by Councilman Bird, a second by Councilman Robbs, all voting "aye", approved the purchase of property located at 12715, 12400 (12631), and 12621 Denton Drive in the amount of $340,000, a lump sum relocation allowance of $5,000, and authorizing the City Manager to execute a lease agreement to allow the tenant to continue to occupy the property rent free until the end of July 2000. F.1 ADJOURNMENT. A motion by Councilman Walden, a second by Mayor Pro Tern Moses, all voting "aye", adjourned the City Council meeting of May 15, 2000, at 9:55 P.M. ayor ity Secretary Volume 83, page 123