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2001-03-19 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, March 19, 2001 7:30 PM The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Bob Phelps Bill Moses Jim Robbs Calla Davis Charlie Bird Paul Walden 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 Director of Economic Development Director of Community Services City Engineer Director of Parks & Recreation Director of Equipment Services Library Director Police Chief Fire Chief Director of Public Works Recording Secretary Richard L. Escalante Linda Groomer John Burke John Roach Margaret Somereve Matthew Boyle Cindee Peters Norma Nichols Michael Spicer Jerry Murawski Jeff Fuller Don Moore Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux Suzanne Reynolds Mayor Phelps called the City Council meeting of March 19, 2001 to order at 7:31 P.M. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Reverend Richard Seymour of the Farmers Branch Church of Christ gave the invocation and Councilman Bird lead the Pledge of Allegiance. Volume 85, page 116 A.2 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.3 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION: B.1 - B.10. A motion by Mayor Pro Tem Moses, seconded by Councilwoman Davis, all voting "aye," approved the consent agenda as presented. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MARCH 5, 2001. B.2 APPROVED THE REQUEST OF BROOKHAVEN COLLEGE FOR CONCEPT PLAN AMENDMENT AND SITE PLAN FOR 7,483 SQUARE FOOT AND 13,262 SQUARE FOOT ADDITIONS TO EXISTING BUILDINGS, LOCATED APPROXIMATELY 1300 FEET NORTH OF THE INTERSECTION OF VALLEY VIEW LANE AND THE BROOKHAVEN COLLEGE SOUTH ENTRY DRIVE AND WITHIN THE PLANNED DEVELOPMENT NO. 20 ZONING DISTRICT. B.3 ADOPTED ORDINANCE NO. 2591 EXTENDING THE TCI CABLEVISION OF DALLAS CABLE FRANCHISE FOR A PERIOD OF TWO MONTHS TO ALLOW FOR CONTINUING NEGOTIATIONS. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, EXTENDING THE FRANCHISE GRANTED TO TCI CABLEVISION OF DALLAS, INC. BY THE PASSAGE OF ORDINANCE NO. 1289 ON JANUARY 21, 1980, ORDINANCE NO. 1601 ON SEPTEMBER 9, 1985, ORDINANCE NO. 1846 ON OCTOBER 23, 1989 AND ORDINANCE NO. 2573 ON OCTOBER 16, 2000 AND ORDINANCE NO. 2583 ON JANUARY 22, 2001 AND ESTABLISHING AN EFFECTIVE DATE. B.4 ADOPTED RESOLUTION NO. 2001-025 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH C2 CONSULTING FOR CABLE RATE ANALYSIS. B.5 ADOPTED ORDINANCE NO. 2590 SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF GAS RATES PROPOSED BY TXU ELECTRIC AND GAS COMPANY AND AUTHORIZING THE STEERING COMMITTEE TO HIRE LEGAL COUNSEL AND RATE CONSULTANTS. Volume 85, page 117 AN ORDINANCE AUTHORIZING THE STEERING COMMITTEE OF NORTHWEST METRO/MID-CITIES DISTRIBUTION SYSTEM CITIES TO RETAIN LEGAL COUNSEL AND RATE CASE CONSULTANTS; AUTHORIZING THE CITY TO INTERVENE IN RELATED DOCKETS BEFORE THE TEXAS RAILROAD COMMISSION; AND SUSPENDING THE PROPROSED TARIFF AND SCHEDULE OF RATES OF TXU ELECTRIC AND GAS COMPANY. B.6 ADOPTED RESOLUTION NO. 2001-028 WAIVING THE CITY'S RIGHT TO ORIGINAL JURISDICTION OVER TEXAS DEPARTMENT OF TRANSPORTATION'S PETITION AND PRAYER FOR RELIEF FILED AGAINST TXU ELECTRIC. B.7 ADOPTED RESOLUTION NO. 2001-026 ACCEPTING A FIVE-FOOT AERIAL EASEMENT FOR STREET LIGHT INSTALLATION, DEDICATED BY MR. AND MRS. DAVID GARCIA OF 3058 TOPAZ LANE. B.8 ADOPTED ORDINANCE NO. 2593 PROHIBITING U-TURNS ON WESTBOUND VALLEY VIEW LANE AT DENNIS LANE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS; PROHIBITING U-TURNS ON WESTBOUND VALLEY VIEW LANE AT DENNIS LANE; PROVIDING A PENALTY; AND PROVIDING A SEVERABILITY CLAUSE. B.9 ADOPTED RESOLUTION NO. 2001-024 AUTHORIZING THE PURCHASE OF NINETEEN (19) MOBILE RADIOS FOR THE FIRE DEPARTMENT. B.10 ADOPTED RESOLUTION NO. 2001-022, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH SPENCER DESIGN GROUP, INC. FOR INTERIOR FINISHES SERVICES FOR CITY HALL. C.1. PUBLIC HEARING: CONSIDER THE REQUEST OF METRICOM, INC. FOR A SPECIFIC USE PERMIT TO ALLOW THE PLACEMENT OF TWENTY-THREE CELLULAR ANTENNA PANELS AND ASSOCIATED EQUIPMENT ON THE EXISTING BUILDING LOCATED AT 2645 LBJ FREEWAY AND LOCATED WITHIN THE PLANNED DEVELOPMENT NUMBER 74 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The proposed antennas will be located on the penthouse walls on the roof of an existing hotel building, generally located at the northwest corner of Metro Boulevard and LBJ Freeway, at a height of 73 feet above grade. An equipment cabinet approximately 29 square feet in area will be located on the roof of the hotel. The antennas, exposed associated mechanical or electrical equipment, or equipment cabinet shall be painted in a non-reflective color to match its respective background wall. Volume 85, page 118 The Planning and Zoning Commission, by unanimous vote, recommends approval of the request for a Specific Use Permit and associated site plan, with the following condition: 1. Metricom, Inc., or subsequent owner of the antenna system and associated equipment building, shall remove the wireless communications antennas, associated equipment cabinet, and all appurtenances within ninety (90) days subsequent to such time that the antennas and equipment building become obsolete and the use is abandoned and restore the building to pre-installation conditions. Mayor Phelps opened the public hearing. Ed Ritchie, 8500 Stemmons Freeway, Dallas, representing Metricom Inc. He stated he would be available to answer any questions the Council may have about the information they received from Metricom, Inc. A motion by Mayor Pro Tem Moses, seconded by Councilman Bird, all voting "aye," closed the public hearing. Councilman Bird asked Mr. Ritchie if he was in agreement with the condition recommended by the Planning and Zoning Commission. Mr. Ritchie replied he was in agreement with the condition. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Walden, all voting "aye," adopted the following captioned Ordinance No. 2586 approving the Specific Use Permit and associated site plan. 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 TO ALLOW THE PLACEMENT OF TWENTY-THREE CELLULAR ANTENNA PANELS ON THE EXISTING BUILDING LOCATED AT 2645 LBJ FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 74 (PD-74) ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.2 PUBLIC HEARING: CONSIDER THE REQUEST FROM WILLIAM S. DAHLSTROM ON BEHALF OF CARLYLE HERITAGE, L.P. AND MONUMENT HOLDING, INC. TO REZONE AN APPROXIMATELY 19.6-ACRE IRREGULAR SHAPED TRACT LOCATED GENERALLY AT THE NORTHWEST CORNER OF L.B.J. FREEWAY AND INWOOD ROAD/DALLAS NORTH TOLLWAY, FROM PLANNED DEVELOPMENT NO. 39 ZONING DISTRICT TO A PLANNED DEVELOPMENT ZONING DISTRICT, INCLUDING ESTABLISHING PERMITTED USES, DEVELOPMENT STANDARDS, AND CONCEPT Volume 85, page 119 PLAN AND SITE PLAN APPROVAL REQUIREMENTS, AND TAKE APPROPRIATE ACTION. The Planning and Zoning Commission continued this agenda item to their next meeting scheduled for March 26, 2001, per the applicant's request to allow additional time to address technical issues associated with the proposed zoning application. Since legal notices have already been published and the public hearing advertised for consideration of this rezoning request by the City Council for March 19, 2001, staff recommends that the City Council continue this agenda item to their next meeting scheduled for April 2, 2001. Staff recommends the zoning application be continued to the next City Council meeting, April 2, 2001. A motion by Councilman Walden, seconded by Councilman Robbs, all voting "aye," tabled the zoning application to the April 2, 2001 City Council meeting. C.3 PUBLIC HEARING: CONSIDER THE REQUEST FROM THE PARISH DAY SCHOOL OF THE EPISCOPAL ON BEHALF OF MOBIL TECHNOLOGY COMPANY TO AMEND PLANNED DEVELOPMENT NO. 64 ZONING DISTRICT DEVELOPMENT STANDARDS, ESTABLISH PROCEDURES FOR CONCEPTUAL SITE PLAN APPROVAL, AND AMEND THE EXISTING CONCEPT PLAN, FOR APPROXIMATELY 153 ACRES LOCATED AT THE NORTHWEST CORNER OF MIDWAY ROAD AT ALPHA ROAD AND ON THE SOUTH SIDE OF SPRING VALLEY ROAD, AND TAKE APPROPRIATE ACTION. Mayor Phelps stated items C.3 and C.4 are public hearings and would be heard at the same time. Mayor Phelps presented the following information. In December 2000, the PD-64 zoning ordinance was amended to require specific use permits for educational uses. The existing zoning ordinance includes a concept plan, which proposes land uses for particular parcels, and school use is not identified on the existing concept plan. The application seeks to amend the existing concept plan to include school use, thereby allowing the applicant to file the companion specific use permit application for a school use. The detailed merits of the school use will be evaluated in the companion specific use permit application on this agenda. Additional proposed amendments to the zoning ordinance include establishing approval requirements for conceptual site plans for the remaining undeveloped parcels and establishing a minimum sixty-four foot wide street easement for public access. The conceptual site plan is a more detailed drawing than the existing concept plan. The Planning and Zoning Commission unanimously recommends approval of the proposed rezoning application. CA PUBLIC HEARING: CONSIDER THE REQUEST FROM THE PARISH DAY SCHOOL OF THE EPISCOPAL ON BEHALF OF MOBIL TECHNOLOGY COMPANY FOR APPROVAL Volume 85, page 120 OF A SPECIFIC USE PERMIT TO ALLOW A PRIVATE SCHOOL, INCLUDING ATHLETIC FACILITIES, ON AN APPROXIMATELY 49-ACRE SITE LOCATED AT 13777 MIDWAY ROAD, GENERALLY AT THE NORTHWEST CORNER OF MIDWAY ROAD AND ALPHA ROAD, WITHIN THE PLANNED DEVELOPMENT NO. 64 ZONING DISTRICT, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is proposing to occupy the existing building as a private school. The initial occupancy of the building will include grades 3 through 6, consisting of an approximate enrollment of 233 students and 46 faculty members. The applicant is proposing to add one additional grade level each year up through grade 12. The approximate final enrollment is estimated to be 740 students with 68 faculty members. The companion zoning application allows for the consideration of this specific use permit application. In order for the specific use permit to be approved, the companion zoning application must be approved. Although not proposed with initial occupancy of the existing building, the applicant is anticipating constructing athletic fields. Potential athletic fields include football/track and field, softball, baseball, tennis courts and soccer fields. The applicant is also anticipating constructing future gymnasiums, lockers and an auditorium. Prior to construction of any of these facilities, an amended specific use permit application will need to be submitted by the applicant and reviewed and approved by the City of Farmers Branch. The applicant has submitted a written Plan of Operation for the proposed school facility. The Plan of Operation addresses components such as the overall safety and security of the site, existing security systems, fencing, arrival and dismissal times, carpool, proposed site improvements, access to and from the building for students and visitors, extra-curricular activities and after hours functions. The PD-64 zoning district acknowledges land use and development concerns by requiring a specific use permit for locating a school within this zoning district. The specific use permit process allows for issues, such as location, safety and technical requirements to be addressed as it relates to any proposed school development. The submitted application satisfies all of the technical issues. However, the security concerns due to the proposed school's proximity to the existing limited service hotels have not been addressed by the applicant so as to resolve the concerns of the Farmers Branch Police Department. Therefore, Staff recommends denial of the proposed specific use permit application. Should the Council choose to recommend approval of the proposed specific use permit request, staff recommends that the following conditions be included in its recommendation: 1. Prior to construction of the gymnasiums, locker rooms, auditorium, outdoor athletic facilities, and any exterior modifications to the existing building, approval of an amended Volume 85, page 121 specific use permit application by the City of Farmers Branch shall be required. Issues to be reviewed include, but are not necessarily limited to: an amended site plan drawing, building elevations, parking, security and lighting. 2. Prior to issuance of an occupancy permit for initial occupancy of the existing building, a detailed operational procedures plan for the proposed school site, including specifying after hours access to the building for the Police Department, shall be prepared by the applicant, in keeping with the parameters outlined with the proposed Plan of Operation and addressing comments specified in a memo from Mr. Jim Fawcett, Police Chief, dated March 1, 2001, and the plan shall be subject to review and approval by the City of Farmers Branch. 3. Prior to issuance of a occupancy permit for occupying the existing building and prior to issuance of an occupancy permit for the use of the future athletic fields, the applicant shall allow the Police Chief to inspect and review the field of vision, including zooming capabilities and coverage programming, of each camera to ensure that all areas of the site are being monitored and that the cameras are installed according to the security plan. A revised security plan showing camera locations and field of vision areas for the athletic fields shall be submitted by the applicant and subject to review and approval by staff. 4. A public access and fire lane easement, minimum 44-feet in width shall be dedicated and at least 30 feet in pavement width be constructed within said easement to enable ingress and egress between Sigma Road and Alpha Road and all abutting lots, prior to issuance of an occupancy permit for occupying the existing building. 5. The parking lot proposed on the south side of the existing building shall be constructed by the applicant at such time when the parking is required by zoning due to future improvements being made to the site, such as the athletic facilities. The parking lot shall be completed prior to issuance of occupancy permits for said improvements. 6. Prior to issuance of the initial occupancy permit for the existing building and the future use of the athletic facilities, all fencing shall be installed as shown on the associated site plan drawing. 7. The secondary nature trails shall be removed prior to the issuance of the initial occupancy permit for the existing building. 8. The existing private water line shall remain private and maintenance of the water line shall be the applicant's responsibility. 9. If the future athletic facilities are to be lighted facilities, then the athletic field light fixtures shall be fully shielded so that all light rays emitted shall be directed downward towards the playing field, the light rays shall not spill over onto adjacent properties and the applicant shall be responsible for submitting a photometrics plan showing foot-candle measurements on the school property as well as surrounding properties, in accordance with the following foot-candle measurements: maximum 0.2 foot-candles at all adjacent Volume 85, page 122 residential property lines, except along the north property line which shall be a maximum 2.5 foot-candles; maximum 2.5 foot-candles at all adjacent non-residential property lines; and maximum 2.5 foot-candles at adjacent right-of-way lines. 10. Prior to issuance of any building permit, the subject property shall be replatted and prior to or at such time when the subject property is replatted, the existing Developers Contract shall be amended to address street requirements, require a property owners association to address maintenance of streets and easements, provide parameters for installation of traffic signals and the payment for the proposed bridge over Farmers Branch Creek, and any other infrastructure related provisions determined necessary by the City Engineer. The property owners association, in which the school shall be a participant, shall be created and in effect prior to the initial issuance of an occupancy permit for the proposed school. The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit, and the associated site plan and Plan of Operation, with the ten conditions recommended by staff. Mayor Phelps opened the public hearing. Don Epperson, 7208 Winterwood Lane, Dallas, representing the Parish Day School, stated he and several representatives present from the school along with their consultants would give Council a brief presentation regarding Agenda Items C.3 and CA. Mr. Epperson stated he is a licensed architect and a real estate agent and is a member of the Facilities and Security Committee, a subcommittee of the Parish Day School. He thanked City staff for being helpful in putting together all aspects of the specific use permit and the zoning. Mr. Epperson introduced their consultants Charles Hodges and Stan DeMille, with Hodges and Associates architects, Bob Phillips with Huitt-Zollars Engineers, and Bill Green senior asset Portfolio Manager with Exxon/Mobil. He stated Parish Day School has satisfied all the technical requirements of the application except for the security. They have also accepted the ten conditions outlined by the Mayor. Mr. Epperson stated there would be available to answer any questions. Mr. Epperson responded to the security concerns with a review of other private schools in the North Dallas area and stated the Farmers Branch site in their opinion would be a secure location. Gloria Snyder, 1233 Cheyenne, Richardson, stated she has been headmistress of the Parish Day School since 1980. She reviewed the Parish Day School goals to expand the school to secondary education. She stated faculty and students have recently toured the facility, which was designed by IM Pei for study and research. Ms. Snyder stated Parish Day School is a blue ribbon school with three accreditations. The School has been responsible for networking opportunities with other teachers in the area. Students and parents of the Parish Day School have long-standing associations with many philanthropic organizations and also maintain several collaborative educational programs in the Volume 85, page 123 Richardson Independent School District. Ms. Snyder thanked Chief Fawcett for his level of safety awareness. Tom Carter, 5923 Warm Mist, Dallas, Chairman of the Board for Parish Day School reviewed the process the Parish Day School used to locate the Farmers Branch site. He stated the process began in October 1999 with consultants, personal surveys and demographics in North Dallas and southern Denton County. He stated the results came back positive in this area with regard to business, residential growth and educational opportunities. Mr. Carter stated Parish Day School began working with Exxon/Mobil approximately six months ago and has been working to finalize an agreement. He stated they would like to move into the facility as soon as possible. He stated that Parish Day School has a high degree of sensitivity to safety and security issues, and the Board of Trustees takes the issues of a safe environment very seriously for students and businesses enterprises. He stated Parish Day School could only attract and keep students if they keep a safe environment. Mr. Carter stated they have contracted at their own expense, a security consultant to develop a safety plan for the Parish Day School. Mr. Epperson feels the location and openness is a great opportunity for a school. He stated they plan on doing improvements on Sigma to improve traffic flow. Parish Day School will be fencing the location with gates to control traffic. Drainage has been resolved with the City's Engineering Department on the remaining 35 acres. Landscaping will be added to the entire environment. The single building concept is safer and the athletic fields will be reviewed and approved under a specific use permit. Mr. Epperson stated again that they are in agreement with the 10 conditions recommended by the Planning and Zoning Commission.. Mr. Epperson discussed number two of the conditions: Prepared a detailed operational procedure plans which addresses security because of proximity to limited services hotels. He stated Parish Day School could overcome any problems with Planning staff. Mr. Epperson stated they have been working with the Police Chief to resolve security concerns and feels Parish Day School has solved the problems with vehicle access, gates, fences, and landscaping. He stated they have also addressed the duties of Parish Day School security staff and a public resources officer who would be a certified police officer. He stated Parish Day School is in agreement with condition No. 2 and will complete a detailed plan of operation. Mike Meier, 3330 Earhart Drive, Carrollton, representing MVW Security Consultants, he stated he and his colleague Larry Hurth were asked to develop a security program for the Parish Day School. Mr. Hurth presented a booklet entitled "Parish Day School Security Presentation" to the Mayor and City Council. Mr. Meier reviewed Mr. Hurth's credentials which included being a Director of Security and Life Safety for ARCO, is a member of the National Security Cadre for FEMA; a retried LA County Sheriff; and served with Military Intelligence for NATO, and a father of seven. Mr. Meier stated he has been in the security industry for 15 years both national and international and is a father of three. He stated MVW Consultants is a consulting firm that does not represent Volume 85, page 124 any products or equipment of any type. They assist their clients with security implementation on their premises. Mr. Meier stated some of their security clientele, included World Com, Texas Instruments, the Irving Independent School District, i2 Technologies, and ALLTEL. Mr. Meier reviewed the purpose of security, which included identifying risks, developing a plan to mitigate those risks, and ensure that the plan is reasonable and a prudent approach for the facility. He stated they conduct a risk analyses to understand the needs of the facility. The analysis consists of surveying the area, reviewing area crime statistics that indicated a very low to medium risk, and engaged National Statistical Risk Analysis Company and meet with hotel managers. He stated since the hotels were a problem to the Police Chief they contacted the hotel managers of the Marriott/Fairfield and Studio Plus and asked how they would characterize their clientele. The Marriott/Fairfield stated that clientele Monday through Friday were business people, clientele on weekends are usually for sporting events and shopping, and 95% use credit cards. According to the survey, the Studio Plus is primarily business people, temporary housing for business and corporate household relocations, some vacationers, and 95% are credit card users. Mr. Meier stated they then looked at the facility itself to see if it was suitable for the Parish Day School. He stated the facility was designed as a corporate research center with existing electronic systems and a much higher security level than a school would normally require. He also stated it has a good buffer zone around the school; physical security fencing, electronically monitored building perimeter, and minimized building access points. Furthermore, the building has few access points, which is a plus from the security consultant's point of view Mr. Meier showed the Council an aerial overview of the facility and stated there is a lot of space surrounding the building. It is not only a good buffer zone but the school is a destination not a thoroughfare. He stated there is not only minimized access for vehicles but for pedestrians as well. He stated there are only two primary entrances to the building, one on each side, and once inside you are within a harden perimeter. Mr. Meier explained at the main entry there are long sight lines in the parking lot; the construction techniques are well above normal corporate office levels and the gates are all automatic that are within the wall on the south side of the facility as well as the west side, with exception to the two large gates that are in place. Mr. Meier stated Exxon/Mobil purchased quite a few of the existing electronics that are in place and working. Exxon/Mobil invested at least a quarter of a million dollars in the electronic security system. He stated when developing security for their clients they use the CPTED Concept, "Crime Prevention through Environmental Design," which is a very popular guide on security. It includes maintaining long sight lines; trees trimmed to eight feet; no ground cover above 18 inches; good site definition - lighting, landscaping, and signage; and minimized vehicle access. He stated long sight lines create an environment that has been shown to discourage crime. The long sight lines include the parking areas. Mr. Meier reviewed the operational plans of the school. He stated the existing documented operations plans and policies are very good for today. He stated the school administration Volume 85, page 125 displays a security mindset, which includes car-pooling, closed campus, radios and cell phones for selected employees, interior locks on classroom doors, training programs, and police response as reported by Mobil Security Officers is excellent. Mr. Meier reviewed Risk Mitigation that consisted of fencing; 24 hour seven days a week security monitoring; resource officer who was actually a police officer; event-based alarm conditions; event display and monitoring and on-going review and update of policies and procedures. Mr. Meier stated in their findings they feel they have a reasonable and prudent program; security level is higher than similar schools and significantly higher than public school. The school will work with the police in design enhancement and development of policy and procedures. Mr. Meier stated again the site is a single building structure with minimal access points and well controlled with the existing security program. He stated Exxon/Mobil has upgraded the cameras that are on the building with speed domes, color cameras, and multiplexers. The interior of the building has access control of not only the perimeter, but also controls access within the facility. Mr. Meier concluded by stating that the risk is manageable, the project meets higher security standards than any other school; school administration is very security minded, and the programming plan is prudent and reasonable. He stated there is always a potential for a security event. The function of security is to mitigate that risk. The courts have held that the level of security required is that of a reasonable and prudent person. He stated he feels that a reasonable and prudent person would agree that the Parish Day School, at this site and at this stage, is taking steps above and beyond those of schools in similar circumstance to address foreseeable security incidents. Further detail is appropriate as they move forward to the Certificate of Occupancy and should be tied so that they can work within the design development, where many of the decisions should go. Mr. Epperson stated they would like for Council to approve the zoning and the specific use permit and believe that they have complied with all the technical requirements and have agreed to the ten recommended conditions and have addressed security for this phase. He stated they are looking forward to working with the police chief and staff in working out the detail plan of operation. Cassie Bledsoe, a residential real estate agent, 3322 Gatwick Place, stated she has lived in Farmers Branch for 22 years. She stated she spoke to one of her clients recently who was interested in moving to Farmers Branch because her children were enrolled in Parish Day School. Ms. Bledsoe stated the school would impact the City in a positive economic way and she is in favor of the request. Gene Bledsoe, 3322 Gatwick, stated he was in favor of this request. He commended the Chief of Police for his expertise. He stated if the Council does not approve this item on grounds of security it would be sending the wrong message. He stated in regards to the limited service hotels, if they were indeed sanctuaries for pedophiles the message sent would be that the City allowed the hotels to be built in the middle of apartments and across the street from Greenhill Volume 85, page 126 School. He stated he believes the two hotels are first-class hotels, well run, not sanctuaries for pedophiles, good for businesses in Farmers Branch, and good for the families of Farmers Branch. He also stated that limited service hotels do not draw pedophiles; children draw pedophiles, so security will have to be maintained. Mr. Bledsoe gave an example of Mary Immaculate Church that is not close to hotels, and yet a seven-year-old girl was molested at the church. He stated we live in very troubled times and must do everything we can to protect the children. He again stated that defeating this specific use permit would send the wrong message that Farmers Branch is not a safe place for the children, but indeed Farmers Branch is a safe place for children. Mr. Bledsoe thanked the City Council for the work they do for the City. Rebecca L. Jenkins, 3187 Golden Oak, stated she is a teacher at Parish Day School and resides in Farmers Branch. She stated that Parish Day School is a high quality school with high standards. She stated Parish Day School wants what is best for the children and the community. William Glancy, 3808 Wooded Creek, stated he lives in the area of single-family detached housing closest to the proposed school. He agreed that security was an important issue in consideration of Parish Day School. Mr. Glancy stated he feels private schools are beneficial to this neighborhood and the City of Farmers Branch. Private schools help attract new residents to Farmers Branch due to the close proximity to other private schools in the area and would be a good use for the facility. John Wells, 13521 Heartside Place, asked if the property is taxable and is it a tax loss to the City. Mayor Phelps stated the public hearing would have to be closed before questions could be answered. Mr. Wells asked what would the additional cost be to the City and are students from the area or outside the area. He asked if sports events would cause a traffic burden. A motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," closed the public hearing. Mr. Escalante stated the issuance of a specific use permit is a challenge. When a specific use permit is designated it continues with the land; even though the business may be closed, the specific use permit remains ongoing. Mr. Escalante stated that the responsibility of the City Council is to ensure that the use is an appropriate use. He stated the City Council has been provided a significant amount of information on which to base their difficult decision. He stated there are three options available to the Council. Mr. Escalante presented option one: If City Council believes that the concerns have been addressed regarding compatibility of schools and limited service hotels with technical changes that have been proposed then the proposal is ready for adoption. Mr. Escalante stated that there are some risks with this option. He stated the plan of operation is a draft document. This document at this time would not be an enforceable part of the specific use permit. He stated it is not a legal requirement of the specific use permit and cannot be enforced in the future. Mr. Escalante presented option two: If the compatibility of the school and limited service hotels have been addressed and if the City Council believes that city staff and school staff can work Volume 85, page 127 together to find solutions and the City Council does not want to make the plan of operation a requirement of the specific use permit, then the proposal is ready for adoption. Mr. Escalante stated he spoke with Mr. Epperson concerning potential conflict between the Police Chief and the school staff relative to some of the terms of the plan of operation. Mr. Escalante stated the charge the City Council would be giving staff and the Chief of Police if they approved this expands upon the responsibility that staff has to make recommendations regarding these types of plans. Mr. Escalante stated in this case the intentions of City Council are not clear in terms of the details of the operational plan. The staff has been placed in a different position to fast track this case. If City Council feels there has been a good showing then the Ordinance is ready for adoption. Mr. Escalante presented option three: If there is concern with the school's compatibility with the limited service hotels and City Council wants an enforceable plan to limit risk to children, then the Ordinance is not ready. If they want an Ordinance to be enforceable in the future then this Ordinance does not accomplish that and needs additional work. Mr. Escalante stated staff is prepared to answer any questions of the Council. Mayor Phelps stated he knows of no additional cost to the City other than the cost of taking it off the tax rolls. Mayor Phelps asked Mr. Escalante about additional cost. Mr. Escalante replied that the Chief of Police stated that the City would not pay for a resource officer and there would be no Adopt-A-School program in private schools. He stated if these services were provided it would be an additional cost. The City does not have an analysis of cost for these services. Mayor Phelps asked Mr. Epperson if they were going to hire a resource officer. Mr. Epperson replied yes. Mayor Phelps asked if students were from the Farmers Branch area. Response from the audience "I don't think so." Dave Davis, Traffic Engineer, commented on the question of the impact of sports events. He stated that presently the school does not have any sports facilities but when a facility is built, the school will have to go through the process again and amend the existing specific use permit and include a traffic analysis for the sports center. Mr. Davis stated a traffic impact study would have to be completed prior to the approval of the amended specific use permit. He did not feel that a 1,200-seat stadium would create a significant traffic problem. The plan that has been proposed shows future sports facility with a modest 1,200-seat stadium. Mr. Wells asked what is the tax loss. Volume 85, page 128 Mr. Escalante stated it has been quite a while since he has looked at the tax roll because the City Council or staff in making a decision relative to this process cannot consider it. He stated he intentionally did not have the information and would rather not provide it at this time since City Council is prohibited from using this information in making their decision. Mr. Wells stated he feels the residents would be interested to know. Mr. Escalante stated it could not be part of the City Council deliberation. Councilwoman Davis stated she did not know that the City did not do Adopt-A-School for private schools. Mr. Escalante replied police officers volunteer for this program and it is difficult with the number of schools that are in the area. Councilwoman Davis stated she thinks it should be looked into. Mayor Pro Tem Moses asked about the driveway parking on the west side of the building and would there be future plans for a circular drive. Mr. Epperson pointed out the traffic flow into and out of the area. Mayor Pro Tem Moses asked if there would be any after school programs. Mr. Epperson replied there were a number of after school activities. Mayor Pro Tem Moses asked about the six-foot tall fencing and where it is located. Mr. Epperson responded the fencing would be wrought iron. Michael Spicer, Director of Community Services, stated the height of the wrought iron fence would be eight feet. Mayor Pro Tem Moses asked the audience how many involved with the Parish Day School were from Farmers Branch. Three hands were raised. Councilman Bird asked for additional information on the after school programs. Ms. Snyder stated there is a program that keeps children until 6 p.m. Councilman Bird asked if it was teaching time or would there be a charge for after school care. Ms. Snyder replied there would be a charge. Volume 85, page 129 Councilman Bird asked how that would fit into the school if there were a problem. Mr. Escalante replied there would be no problem. Councilman Walden asked Chief Fawcett about the location of the school that was proposed by the Carrollton/Farmers Branch Independent School District last year. He asked if the site presented professional concern at the time. Chief Fawcett replied yes. Councilman Walden asked Chief Fawcett to elaborate. Jim Fawcett, Farmers Branch Chief of Police, stated most of the concerns were with traffic, railroad tracks, and limited service hotels in the area. He explained that limited service hotels provide a purpose but bad things do happen. He stated their concerns are the attempt to put a school next to this type of facility. He stated several months prior he appeared before the City Council and the Carrollton/Farmers Branch Independent School District Board and wrote letters concerning the location of a school near limited-service hotels. At that time, he was asked that if the school was in Farmers Branch what would the City's position be. Chief Fawcett stated his position is the same. It is not a good mixed use to place schools near limited service hotels and it does not work. Chief Fawcett commented that there are arrests made in these hotels. Pedophiles do not just go to the hotels the school is the attraction. Chief Fawcett stated he was recently in Arlington, Virginia at a Police Conference. He stated 36 states were represented at this conference and he asked the question of mixed use, and no one responded that they would support this type of mixed use. Councilman Walden asked Chief Fawcett how far away the Carrollton/Farmers Branch School site was from the limited service hotels that concerned him. Chief Fawcett responded that the distance at the Carrollton site in his estimation would be approximately the same. He also stated the school district wanted to restrict access to the site but this was not a fix. He stated that generally the City is looking at the same issues. There is nothing different about the two. Councilman Walden asked Chief Fawcett if in his professional opinion was this site worse for an elementary school. Chief Fawcett replied yes because of the trees and space in between. Councilman Walden asked about the memoranda dated March 1, 2001, which was shared with the Parish Day School consultants. He asked if he had received any correspondence back from them. Chief Fawcett replied they have had no visit from the school since the Planning and Zoning meeting. Mr. Escalante stated the City did receive a letter from Mr. Epperson on Friday, March 16, 2001. Councilman Walden asked Chief Fawcett if his recommendation was the same as he made to the Planning and Zoning Commission. Chief Fawcett replied yes. Volume 85, page 130 Councilman Walden stated he moved to deny the request for the specific use permit for the same reasons as the Carrollton/Farmers School District site. He indicated that he would stand by his position, and is philosophically bound by his position. The Parish Day School is a wonderful school but this site was never contemplated for a school and that is why limited service hotels were allowed. He stated he cannot allow the school to be placed here with a clear conscious and that is why he is against this issue. Councilman Walden moved to deny the rezoning application and Ordinance No. 2594. The motion died for lack of a second. Councilwoman Davis stated that the Parish Day School would be a wonderful asset to the City but also had concerns. She stated she respects the concerns of the Farmers Branch Police Chief but she feels that the hotels on Old Denton Road are not the same as the Marriott/Fairfield and the Studio Plus. She wanted the citizens to know that the City Council is seriously concerned about the safety. A motion by Councilman Robbs, seconded by Councilwoman Davis, to approved the rezoning application and adopt Ordinance No. 2594. Councilwoman Davis stated she wants to put the responsibility and ownership for security on the school. She stated that the Farmers Branch Police Chief sees serious issues here. She wants the citizens to know the City Council is concerned about the safety of the children. She stated the safety issues on Burning Tree had some of the same types of issues but there were other factors involved. She asked that the staff of the Parish Day School work with staff, police, and fire departments to come up with workable rules that can be enforced. Mr. Escalante stated this Ordinance does not accomplish that. Councilwoman Davis asked what needed to be done. Mr. Escalante stated the City Council could amend the Ordinance to require that a plan be on the same level as the site plan but the problem is there is no plan. He stated Council could delegate to staff and staff would have some latitude but then what happens if there is no agreement reached. He stated staff does not have the same broad legislative authority that the Council has. He stated Council could add language delegating staff to negotiate. Councilman Robbs asked Mr. Spicer if the recommendations for the specific use permit have been discussed with the applicant. Mr. Spicer responded yes, Mr. Epperson has agreed with the recommended conditions. Mr. Escalante asked Mr. Spicer if the recommendations from the Planning and Zoning Commission related to the safety issues. Mr. Spicer stated the changes do not address the issue. He stated the changes in the wording relate to the zoning amendment, not the specific use permit. Volume 85, page 131 Mr. Escalante stated the alternative language for the zoning ordinance was not adopted. A motion by Councilwoman Davis, seconded by Councilmembers Robbs with Bird, Moses, Davis and Robbs voting "aye," and Councilman Walden voting "nay," approved the rezoning application and adopted Ordinance 2594. The motion passed by a 4 to 1 vote. There was discussion concerning the addition of language in the Ordinance to require the security plan to be included in the Ordinance. Councilman Robbs withdrew his motion. Councilman Bird stated they received information from Mark Hyatt concerning information about the schools location near creeks. Mr. Hyatt stated there was no information to report. Greenhill also sent information and there was nothing to report. Councilman Bird stated Chief Fawcett is the epitome of police chiefs in the United States. He stated he is always concerned with children's safety; he will do everything possible to provide safety and security for the children of Farmers Branch. A motion by Councilwoman Davis, seconded by Mayor Pro Tem Moses, with Robbs, Bird, Moses and Davis, all voting "aye," and Councilman Walden voting "nay," adopted the following captioned Ordinance No. 2594 with staff recommended alternative language. The motion passed by a 4 to 1 vote. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 64 (PD-64) WHICH INCLUDES APPROXIMATELY 153.161 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF MIDWAY ROAD AND SPRING VALLEY ROAD; ESTABLISHING NEW USE AND DEVELOPMENT STANDARDS IN PD-64; AMENDING STREET AND PUBLIC ACCESS REQUIREMENTS; AMENDING THE CONCEPT PLAN; RESCINDING AND REPLACING ORDINANCE 2577 WHICH PREVIOUSLY AMENDED THE PD-64 ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. With regard to the specific use permit, Matthew Boyle, City Attorney, stated staff recommended condition Number 3 in Ordinance 2595 with respect to the security plan. As written the security plan does not become an exhibit or condition to or in any other way a requirement of the specific use permit. He stated Mr. Escalante's second concern is that the review and the approval of the security plan was leveled solely with the Police Chief, and those technical details went above and beyond what sort of duties and responsibilities are normally passed on to City staff. Mayor Phelps asked Mr. Escalante if he was referring to the plan of operation. Volume 85, page 132 Mr. Escalante replied yes, the plan of operation is the document that has the security information in it. He stated it is a document that is currently being worked on and refined. He stated right now it is not a condition of or a requirement that this or future owners would have to obide by. Secondly, the delegation is something the Council would have to think about in delegating this to staff. Councilman Walden asked Mr. Escalante if he recommended this item be tabled to finalize the operational plan and other details so that it can be made part of the specific use permit and then go on and make it enforceable. Mr. Escalante stated that if the City Council wants an enforceable plan of operation documents; it is not at that point yet. There is a time deadline and one of the alternatives can be if it is delayed there can be better refinement of this plan. He stated the plan would provide security measures when the program is expanded. Councilman Robbs stated he was confused about the staff recommendation. Mr. Escalante explained that to approve the ordinance without the staff recommendation alternative language would allow the project to go forward on the fast track. If Council wants the other issues involved then it will take more time. Councilman Robbs asked if they could accommodate the deadline with recommendation that Parish Day School work with staff and police in getting some of the safety measures taken care of. Mr. Escalante asked the representative of the Parish Day School if it would be possible to have their consultant work with staff to develop an operation plan. Mr. Epperson stated in referring to Item 2 of the conditions, the development of a plan of operation prior to the certificate of occupancy is the best option. He stated Parish Day School would hire the consultant after designing the curriculum and the purchase of the building. Mayor Phelps read recommendation No. 2: Prior to issuance of an occupancy permit for initial occupancy of the existing building, a detailed operational procedures plan for the proposed school site, including specifying after hours access to the building for the Police Department, shall be prepared by the applicant, in keeping with the parameters outlined with the proposed Plan of Operation and addressing comments specified in a memo from Mr. Jim Fawcett, Police Chief, dated March 1, 2001, and the plan shall be subject to review and approval by the City of Farmers Branch. Mayor Phelps asked Mr. Escalante if this would accomplish what was needed. Mr. Escalante stated if Council wanted this plan to be binding then there would have to be language added to Section 3. The document shall become an exhibit to the ordinance if Council wanted it to be an enforceable document. Volume 85, page 133 Councilwoman Davis stated she could not believe the school would spend that much money without developing the highest level of security. Details concerning the plan of operation should be the school's decision. Mr. Escalante stated if that is what Council wants to do then they have an ordinance they can adopt that will do that. He stated staff will work with them in the initial stages and the school would have the ability to change the plan. The City could not enforce it at a later time if it is not in the Ordinance. Councilwoman Davis asked how could it be enforced if they do not follow the plan. Mr. Escalante replied if the plan was part of the specific use permit then the plan could be enforced and they would be required to come in and amend the specific use permit and address the issues. He reiterated if Council wanted this to be an enforceable document then they need to amend the Ordinance. Mr. Escalante stated the second question is: Does Council want to delegate this to staff or do they not want to have that level of enforcement in the Ordinance. Mr. Escalante suggested the following: Upon approval of the plan of operation and the security plan, those documents shall become an exhibit to this ordinance and compliance therewith shall be a requirement of this ordinance. Mr. Epperson stated since they do not know the level of detail procedures that change each semester and once a year, the document changes constantly as programs are added. It is a working document. He stated he feels he has covered the Council's concerns; the school system will be maintained, upgraded or modified. Mr. Boyle added the following language to the amended motion. "Any amendments thereto shall be subject to review and approval by the Chief of Police." Mr. Escalante stated that this language would provide a method of enforcement in the future. Councilman Walden stated he is opposed and feels this is a bad use of commercial site next to limited service hotels. Mayor Phelps thanked everyone for their cooperation and City staff for all their work. There being no further discussion, a motion by Councilman Robbs, seconded by Mayor Pro Tem Moses, with Robbs, Bird, Moses and Davis, all voting "aye," and Councilman Walden voting "nay" adopted the following captioned Ordinance No. 2595 with the addition of the following language in Section 4, subsection 3. "Upon approval of the plan of operation and the security plan those documents shall become an exhibit to this ordinance and compliance therewith shall be a requirement of this ordinance, any amendments thereto shall be subject to review and approval by the Chief of Police." Volume 85, page 134 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 TO ALLOW A PRIVATE SCHOOL, INCLUDING ATHLETIC FACILITIES, ON AN APPROXIMATELY 49-ACRE SITE LOCATED AT 13777 MIDWAY ROAD, GENERALLY AT THE NORTHWEST CORNER OF MIDWAY ROAD AND ALPHA ROAD WITHIN THE PLANNED DEVELOPMENT NUMBER 64 (PD-64) ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. D.1 CONSIDER ESTABLISHING A COMMUNITY WATCH COMMITTEE, MAKE APPOINTMENTS INCLUDING A CHAIRPERSON AND VICE CHAIR, ESTABLISH STAGGERED TERMS, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On April 17, 2000, the City Council passed Resolution No. 2000-068 to reactivate Neighborhood Crime Watch and authorizing the creation of a focus group that would make recommendations for the reorganization of the program. At the February 19, 2001 study session, staff presented a report to the City Council on the work accomplished by the focus group. The group reestablished and organized seven areas for the new "Community Watch" program. The focus group suggested that a more structured committee may need to be formed as more neighborhoods organize into Community Watch Groups. Since the group is being asked to do far more than originally intended, it is time to take Community Watch to a new level. In the February 19th study session meeting, the City Council commended the work of the focus group and directed staff to bring back to the next Council meeting an item establishing a new Community Watch Committee comprised of residents serving staggered terms of office. Under the proposal, the Community Watch Committee would assist in organizing new areas, planning activities, and reporting matters of interest to the City Council. Appointments made to the new committee would be for 1- and 2-year terms in order to establish staggered terms. It is proposed that the Council appoint a Chairperson, Vice Chair and committee members. A motion by Councilwoman Davis, seconded by Mayor Pro Tem Moses, all voting "aye," postponed this agenda item until the April 2, 2001 City Council Meeting. D.2 CONSIDER ADOPTING RESOLUTION NO. 2001-027 AUTHORIZING THE EXECUTION OF A CITY-COUNTY AGREEMENT WITH THE COUNTY OF DALLAS TO PERFORM ROTO-MILLING SERVICES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. As part of the 2000-2001 annual street resurfacing program, a City-County Agreement has been prepared for Dallas County to perform roto-milling services on selected streets within the City. Volume 85, page 135 The roto-milling, prior to resurfacing, removes the old asphalt or provides a wedge in the concrete gutter in order to maintain the drainage capacity of the street. Sections of streets to be milled include: Alpha Road, Birchlawn Drive, Dennis Lane, Epps Field Road, Sundown Trail, Tom Field Road, Gillis Road, Langland Road, and Welch Road. The County will roto-mill the existing asphalt or concrete surface, estimated at 90,000 square yards, for a cost of $1.50 per square yard. Upon completion of the roto-milling, the streets will be resurfaced with one and one-half inch to two inches of asphalt as part of the City's street resurfacing program. The estimated cost for the roto-milling is $135,000. The street resurfacing program is budgeted in the Non-Bond Capital Improvement Fund with available funds in the amount of $1,016,000. Staff recommends adopting Resolution No. 2001-027 authorizing the execution of a City-County Agreement with the County of Dallas to perform roto-milling services. There being no discussion, a motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 2001-027 authorizing the execution of a City-County Agreement with the County of Dallas to perform roto-milling services. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Mr. Escalante stated he attended the American Society for Public Administration Annual Conference in Newark, New Jersey on March 10 through 13, 2001. He stated he and Charles Cox, Finance Director, presented a poster session on the Dividend Program. The Ford Foundation Grant for the Innovation in American Government Program funded expenses. Mr. Escalante stated in addition to making the presentation, he was able to attend a few of the sessions. DA PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. There were no reports presented. D.5 CITIZEN PARTICIPATION. John Wells, 13521 Heartside Place, commended staff for an excellent job on the Annual Report/Branch Review. Mr. Wells commented printing the Easter Extravaganza flyers in Spanish as well as English was a great idea. Kathleen Matsumura, 3938 Clubway, stated she was pleased to see the voting information in the Branch Review/Annual Report. She stated in the Study Session there was discussion for public input for the Community Meeting video. She suggested that one of the top special events in the Volume 85, page 136 Community Meeting video be about early voting at City Hall and the May 5 City election. She also asked if at the Community Meetings voter registration cards could be available to the public. Charles Williams, 2508 Richland, expressed his concerns about the erosion of the tax base in the City of Farmers Branch and commented that he pays a significant amount of taxes to the school district and feels he would be subsidizing the private schools. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:42 P.M. AND CONCLUDED AT 7:21 P.M.. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 Discuss Land Acquisitions - Texas Government Code Section 551.072. 1. Discuss sale or trade of City owned property and contractual relationship of property located in the area known as Old Farmers Branch and take appropriate action. Mayor Phelps explained Staff was present to discuss this item with the City Council. E.2 Meeting with City Attorney pursuant to Texas Government Code Section 551.071(2) and 551.072. 1. Relative to the attorney's advice on a contract with Giltner Custom Homes and discussion of the potential sale of City owned single-family real estate in Branch Crossing as required by the Texas disciplinary rules of professional conduct. Mayor Phelps explained Staff was present to discuss this item with the City Council. E.3 Discuss Real Property - Texas Government Code Section 551.072. 1. Discuss sale or dedication of City owned property located at 200 Huffines Road in Lewisville, Texas and take appropriate action. Mayor Phelps explained Staff was present to discuss this item with the City Council. F.1 Consider necessary action on items discussed in the Executive Session. Mayor Phelps stated City Council was updated on items in Executive Session and no action was necessary. F.2 Adjournment. A motion by Councilwoman Davis, a second by Mayor Pro Tem Moses, all voting "aye", adjourned the City Council meeting of March 19, 2001 at 10:16 p.m. Volume 85, page 137 zlux"- Ma or City Secretary 1 Volume 85, page 138