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1997-05-05 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING MAY 5, 1997 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers New Councilmember Bob Phelps Bill Moses Calla Davis Charlie Bird Berry Grubbs Ron Pyle James Robbs The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Communication Director Economic Development Director Director of Community Services Director of Planning City Engineer Director of Finance Director of Parks & Recreation Library Director Police Chief Deputy Fire Chief Director of Public Works Director of Equipment Services Assistant to the City Manager Traffic Engineer Recording Secretary Richard L. Escalante Linda Tidwell-Groomer John F. Burke John Boyle Cindee Peters Donna Huerta Norma Nichols Tom Scales Michael Spicer Jerry Murawski Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Mike Nolen Mark Pavageaux Don Moore Margaret Somereve Dave Davis Suzanne Reynolds Mayor Phelps called the City Council Meeting of May 5, 1997 to order at 7:40 P.M. The meeting was televised. A.1 INVOCATION. Minister Dennis Hamilton of the Horizon Unitarian Universalist Church gave the invocation and Councilman Grubbs led the pledge of allegiance to the flag. A.2 PRESENTATION OF THE FARMERS BRANCH WOMAN OF THE YEAR Volume 74, page 79 Mayor Phelps announced that Farmers Branch had chosen Mrs. Nancy Watten as Woman of the Year. Mayor Phelps asked all previous Women of the Year and the City Council to come forward. A.3 PROCLAIM THE WEEK OF MAY 17-23, 1997 AS "NATIONAL SAFE BOATING WEEK", AND PRESENT PROCLAMATION TO BILL COKE, VICE FLOTILLA COMMANDER, U.S. COAST GUARD AUXILIARY, LOTILLA 5 3, LAKE LEWISVILLE. Mayor Phelps read a proclamation and presented the proclamation to Vice Commander Bill Coke and Mrs. Coke. A.4 CONSIDER PROCLAIMING MAY 10, 1997 AS TEXAS GIRLS' CHOIR DAY IN FARMERS BRANCH. Mayor Phelps read a proclamation and presented the proclamation to Connie Parker and Mary Elizabeth Cummings of the Texas Girls' Choir. A.5 CONSIDER PROCLAIMING MAY AS OLDER AMERICANS' MONTH IN FARMERS BRANCH. Mayor Phelps invited all seniors in the audience to come forward. Mayor Phelps read a proclamation which recognized observation of May as Older Americans' Month in Farmers Branch and presented the proclamation to Mrs. Katie Roberts. A.6 CONSIDER ACCEPTING TAX DIVIDEND REBATE FROM COUNCILMAN BERRY GRUBBS AND COUNCILMAN CHARLIE BIRD Councilman Grubbs stated he would donate his rebate check to the City of Farmers Branch Youth Scholarship Fund and would donate $100 to the Lorraine and Dave Blair Scholarship fund. Councilman Bird stated he would donate his rebate check to the Senior Game Night fund and would also donate $100 to the Lorraine and Dave Blair Scholarship fund. Councilman Bird stated the scholarship fund which was created by the Farmers Branch Chamber of Commerce would be given to Farmers Branch students residing in Farmers Branch. A.7 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a five-year employee service award to Jorge Melendez of the Parks and Recreation Department. A.8 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a ten-year employee service award to Ty Garrison of the Parks and Recreation Department. Volume 74, page 80 A.9 PRESENTATION OF BOARD APPLICATIONS. Mrs. Lorraine Blair presented a application for the Library Board. A.10 REPORT ON STUDY SESSION ITEMS. Mayor Phelps gave a brief summary of the items discussed in the Study Session held prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.4. Mayor Phelps stated under the title of consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tern Moses, a second by Councilman Grubbs, all voting "aye," added item C.8 to the Consent Agenda. A motion by Mayor Pro Tern Moses, seconded by Councilwoman Davis all voting "aye," approved the following items on the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF APRIL 21, 1997. B.2 APPROVED THE REQUEST BY JACOBS AND ASSOCIATES, ON BEHALF OF IBM CALL CENTER, FOR SITE PLAN APPROVAL OF A PARKING LOT WITH COMPACT PARKING SPACES AT 13800 DIPLOMAT DRIVE WITHIN THE PLANNED DEVELOPMENT NUMBER 22 (PD-22) ZONING DISTRICT. B.3 APPROVED THE REQUEST BY ROYAL PARK NO. 16 LTD. FOR FINAL PLAT APPROVAL OF ROYAL PARK PHASE III VALLEY BRANCH CENTER ADDITION. B.4 APPROVED THE REQUEST BY O'BRIEN AND ASSOCIATES, INC., FOR SITE PLAN APPROVAL OF A PARKING LOT TO BE LOCATED AT THE NORTHWEST CORNER OF MONETARY LANE AND VALWOOD PARKWAY, WITHIN THE PLANNED DEVELOPMENT NUMBER (PD-22) ZONING DISTRICT. C.8 ADOPTED ORDINANCE NO. 2316 AMENDING THE PERFORMANCE AND DEVELOPMENT STANDARDS AND CONCEPT PLAN FOR THE PLANNED DEVELOPMENT NO. 60 ZONING DISTRICT. 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 ZONING PERFORMANCE AND DEVELOPMENT STANDARDS OF ORDINANCE 1609 EXHIBIT "B" WHICH ORDINANCE AMENDED THE ZONING DISTRICT CLASSIFICATION OF THE TRACT Volume 74, page 81 OF LAND BOUNDED ON THE SOUTH BY ROYAL LANE; ON THE EAST BY FARMERS BRANCH CREEK AND LUNA ROAD; ON THE NORTH BY IH-635 FREEWAY; AND ON THE WEST BY THE WESTERN CITY LIMIT BOUNDARY LINE OF FARMERS BRANCH, TEXAS; PROVIDING A SAVING CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR ALL OTHER PROVISIONS OF ORDINANCE NO. 1609 TO STAY IN FULL FORCE AND EFFECT; DIRECTING THE FILING OF A CERTIFIED COPY OF THIS ORDINANCE IN THE DEED RECORDS OF DALLAS COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE. CA CANVASS THE ELECTION RETURNS OF MAY 3, 1997 CITY COUNCIL ELECTION. Mayor Phelps presented the following information for consideration. The following actions will be taken to canvass and certify the results of the May 3, 1997 City Council Election: The Mayor reads the canvass statement in Resolution No. 97-068. The votes for each candidate are as follows: (PLACE 3) NAME NUMBER OF VOTES Calla Davis 795 (PLACE 5) NAME NUMBER OF VOTES Jim Robbs 690 Joanne Queavreaux Coleman 215 Carol Dingman 460 2. The City Council adopts Resolution No. 97-068. It appearing that Calla Davis received a majority of the votes cast for the office of Councilperson, Place 3, and is hereby declared to be elected to said office to serve after qualifying until the regular municipal election in 2000, and until a successor shall have been elected and shall have qualified. It appearing that James Robbs received a majority of the votes cast for the office of Councilperson, Place 5, and is hereby declared to be elected to said office to serve after qualifying until the regular municipal election in 2000, and until a successor shall have been elected and shall have qualified. A motion by Councilperson Ron Pyle, seconded by Councilperson Grubbs, all voting "aye," adopted Resolution No. 97-068 canvassing the returns and declarations of the results of an election held in the City of Farmers Branch, Texas on May 3, 1997. 3. Oath of Office administered by Mayor Phelps. Mayor Phelps administered the oath of office to Calla Davis to serve the office Volume 74, page 82 as Councilmember, Place 3 and James Robbs to serve the office of Councilmember, Place 5. 4. Presentation of Certificates of Election. Mayor Phelps presented Certificates of Election to Councilmembers Calla Davis and James Robbs. C.2 CONSIDER ORDINANCE NO. 2312 ISSUING THE ELECTION ORDER CALLING FOR A CITY COUNCIL RUNOFF ELECTION FOR PLACE 5 ON MAY 31, 1997 IF NEEDED AND TAKE APPROPRIATE ACTION Mayor Phelps stated this item was not necessary because a run off election was not required. C.3 PRESENTATION OF COUNCIL CERTIFICATE TO COUNCILMEMBER RON PYLE. Mayor Phelps presented to Councilmember Ron Pyle a certificate and watch from the City for his service as a Councilman. C.4 ELECT MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM. A motion by Mayor Pro Terns Moses, a second by Councilman Grubbs, all voting "aye," elected Councilwoman Davis to serve as Mayor Pro Tem. A motion by Mayor Pro Tem Moses, a second by Councilman Grubbs, all voting "aye," elected Councilman Bird to serve as Deputy Mayor Pro Tem. C.5 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status of various projects and activities in the City. C.6 PUBLIC HEARING: CONSIDER A REQUEST FROM JERRY J. LANKENAU FOR A SPECIFIC USE PERMIT TO ALLOW MOTOR VEHICLE REPAIR AND PARTS INSTALLATION AND PARTS SALES AT 13415 BEE STREET AND WITHIN THE GENERAL BUSINESS SUBDISTRICT OF THE PLANNED DEVELOPMENT NUMBER 70 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. This item was continued from the April 21, 1997 City Council's April 21, 1997 meeting. The subject property is a vacant "L-shaped" lot approximately 0.34 acres in area having frontage along both Bee Street and Havenhurst Avenue. The property wraps around the residential lot located at the northwest corner of Bee Street and Havenhurst Avenue intersection. Mr. Lankenau intends to move his business, the Kip Motor Company, from its current location at 13325 Denton Drive to the subject property at 13415 Bee Street. Mr. Lankenau proposes to house the business in a concrete block structure having a metal roof. The proposed development includes a one-story Volume 74, page 83 building approximately 6,000 square feet in area, parking areas along both street frontages, landscaping of approximately 9.2 percent of the lot area, and Photenia hedges screening the parking areas from the streets and neighboring properties. The Kip Motor Company specializes in the manufacture and sale of antique automobile parts as well as antique automobile restoration. Approximately 75 percent of the business operations is mail-order sales of antique automobile parts and 25 percent automobile restoration. The sale and manufacturing of vehicle parts are uses permitted by right in PD- 70, however, vehicle repair or parts installation, such as automobile restoration, requires a specific use permit. The Planning and Zoning Commission, by a 4 to 3 vote, recommends the specific use permit be approved as requested. The City Staff recommends the specific use permit be denied. However, should the City Council choose to approve the request, Staff suggests that the nine conditions stated on page 2D and 2E of the planning report be included as conditions of the specific use permit. 1. Motion to adopt proposed Ordinance No. 2314 approving the specific use permit request as recommended by the Planning and Zoning Commission. 2. Motion to deny the request for a specific use permit. 3. Motion to approve the specific use permit by adopting Ordinance No. 2314 with the addition of the nine conditions stated on page 2D and 2E of the planning report. 4. Any other action desired by the Council. Mayor Phelps opened the public hearing. Mrs. Lorraine Henderson, 2435 Havenhurst, stated she opposes the Specific Use Permit for various reasons. She stated there are a number of automobile shops in the area; the water drainage on the block is flat land and is concerned about flooding from the proposed building; and feels the size of the proposed building will not provide adequate parking. Mrs. Henderson stated the zero lot line or small building at back could create a possible future hazardous situation of allowing a very narrow walkway between buildings and this condition should be eliminated. Mr. Jerry Lankenau, 2537 Milcroft, Carrollton, stated he would like to relocate his business from 13325 Denton Drive to 13515 Bee Street. Mr. Lankenau stated his business is primarily in antique automobiles and is different than other automobile repair shops in the area. Mr. Lankenau stated the drainage situation, as he recalls in the information provided by staff, would help the drainage in the area and not create a problem. Mr. Lankenau expressed his desire to keep his business in Farmers Branch. Volume 74, page 84 C A motion by Councilman Moses, seconded by Councilman Moses, all voting "aye," closed the public hearing. Mayor Pro Tern Davis stated she had concerns about the design of the building and the infringement of a commercial business in, a residential area. Mayor Pro Tern Davis stated she would like for Mr. Lanke au to keep his business in Farmers Branch but has a serious concern wit the way the building wraps around a residential property. Councilman Moses asked about the drainage problem. Mr. Jerry Murawski, City Engineer, stated the entire bloc where this site is located has a depression in the middle of the entire block. Mr. Murawski stated to solve the problem because of the depression is to raise up the ground. Mr. Murawski stated the proposed drainage plan was provided by Mr. Lankenau raises the ground so the water goes out into the street. Mr. Murawski stated in his opinion, referring to the drains be an improvement to the drainage and the only way to a drainage. Mr. Murawski stated there is not adequate storm sewage not a large enough site to have an appreciable increase in water that is presently on Bee Street onto Havenhurst. Councilman Bird asked Mr. Murawski if he was speaking the area where Mr. Lankeanu would like to build. Mr. Murawski stated that was correct. Councilman Bird asked if the water would not run off i yard. )e elements, would Idress the in the area and it is the amount of about raising land in Mrs. Henderson's Mr. Murawski replied no it would not because the L shap creates a low spot so water that falls on his property falls to the middle of t e drive area and channels out to the street. Councilman Bird asked if it would handle the heaviest rains we have had in the past. Mr. Murawski replied it should, based on information he had. Mrs. Henderson asked if the Council is aware the water on Havenhurst coming from the north, when it reaches the residents that joins Lone Star Property, water is above the street. Mrs. Henderson stated it is not a swift drainage it is a slow drainage that raises to curb level. Mrs. Henderson explained she has had flooding on her property in the past. 74, page 85 Councilman Grubbs asked if the properties north of Mr. L nkenau and west of Bee Street are residential from Havenhurst to Fruitland. Mr. Spicer replied there is a vacant lot immediately to the north, and the rest fronting Bee Street is residential. Councilman Grubbs asked if the corner of Havenhurst an Bee Street and the lot adjacent on the west side of the development are resi ential. He also asked if the corner lots on the south side of Havenhurst ere also residential. Councilman Grubbs commented there was a church at 1 339 Havenhurst. Mr. Spicer replied yes there is. Councilman Robbs stated while on the Planning and Zoning Commission he spent numerous hours with the committee to rejuvenate the old downtown Farmers Branch area. Councilman Robbs stated he does not feel the proposed building lives up to what the committee recommended for the area. Councilman Robbs also stated he feels the City would be setting a precedent if the building were allowed to be constructed. r There being no further discussion, a motion by Mayor Pro Tern Davis, seconded by Councilman Grubbs, all voting "aye," denied the specific use permit. C.7 PUBLIC HEARING: CONSIDER THE REQUEST OF ADVAN CED WHOLESALE CAR CONCEPTS, INC., TO GRANT A SPECIFIC USE PER MIT TO ALLOW MOTOR VEHICLE REPAIR, INSTALLATIONS, AND SALE S), AT 13950 DISTRIBUTION WAY, LOCATED APPROXIMATELY 1,000 FEET SOUTH OF VALWOOD PARKWAY AND ON THE EAST SIDE OF DIST RIBUTION WAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 7 (PD-70) ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for con ideration. The subject property is a 1.0 acre tract located approximately 1,000 feet south of Valwood Parkway on the east side of Distribution Way. Advanced Wholesale Car Concepts, Inc., an automobile holesale dealership, currently use the existing building at 13950 Distribution ay for office purposes only. The applicant would like to expand use o the building to include the storage and sale of automobiles; detailing, minor repairs, and parts installation. Ramps are to be installed in front of the two existing, ele ated truck dock doors on the west side of the building to provide vehicle access from the ground level to the warehouse portion of the building. A umpster and wood screening enclosure are to be located on the existing concrete pavement near the northeast corner of the property. No other improvements are proposed for the site. The Planning and Zoning Commission, by unanimous vot recommends the olume 74, page 86 L Specific Use Permit request be approved subject to the following conditions: 1. All vehicle repairs and installation are specifically Ii repairs, such as pin striping, paintless dent repair, paint electronic accessory installations. 2. Full service vehicle repair and paint and body repai 3. All vehicle storage, sales, repair and parts installati place exclusively within the building. 4. Outdoor storage of vehicles or vehicle parts is prof 5. A drain is to be installed from the wash bay area ti sewer, subject to Staff approval, prior to the issuance c Certificate of Occupancy. Mayor Phelps opened the public hearing. A motion by Councilman Bird, second by Councilman Ro to close the public hearing. ited to minor )uch-up, and are prohibited. n shall take )ited. the sanitary a s, all voting "aye," Mayor Pro Tern Davis asked staff if the building was a dock high building? Mr. Michael Spicer, Planning Director, replied that the building has dock doors located on its west side that are located approximately 3 to 4 feet off the ground. The east building elevation access is at ground level. Mayor Pro Tem Davis asked if a ramp was going to be built. Mr. Spicer replied ramps are proposed for the two dock doors along the west side of the building that are located 3 to 4 feet above grade. Mayor Pro Tern Davis asked if the area is large enough to build the ramps and still have sufficient parking. Mr. Spicer stated attachment 3-D shows the location of cock doors further from the street than the front of the building and that adequate area is being provided for vehicle maneuvering along the west side oft the building. Mr. Spicer stated the distance of the dock doors is 50 to 70 feet from the street. There being no further discussion, a motion by Councilman Moses, seconded by Councilman Bird, all voting "aye," adopted the following captioned Ordinance Number 2313 approving the Specific Use Per it with the conditions as recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRAN CH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDI ANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; SO AS TO GRANT A SPECIFIC USE PERMIT FOR "MOTOR VEHICLE REPAIR, PARTS INSTALLATION, AND SALES" AT 13950 D ISTRIBUTION WAY, AND WITHIN THE GENERAL BUSINESS SUBDISTR ICT OF THE PLANNED DEVELOPMENT NO. 70 ZONING DISTRI CT (PD-70); PROVIDING FOR A PENALTY OF FINE NOT TO EX CEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EAC H OFFENSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INJUNCTIVE RELIEF; AND DECLARING AN EFFECTIVE DATE. olume 74, page 87 C.8 CONSENT. D.1 CONSIDER RESOLUTION NO. 97-065 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HATFIELD CROOKL SS ARCHITECTS, INC TO PREPARE A MASTER PLAN FOR THE SENIOR CE TER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for con ideration. The Five Year Future Capital Project Planning Program has $2,200, 00 allocated for a new Senior Center with $50,000 in the 1996-97 budget or Master Plan. A Task Force consisting of members of the Parks and Re( Senior Advisory Council, and staff was formed to serve a the senior community and the City Council and the Parks Board. Barney Wood of the Parks and Recreation Board is Chairman of the Task Force. The Task Force has reviewe of 11 architectural firms, visited sites in the area that wei firms being considered, and interviewed four firms. [1 The Senior Center Task Force recommends the firm of Ha Architects, Inc. to complete the Master Plan. At their me 1997, the Parks and Recreation Board agreed with that re proposal, negotiated with the architect, includes numerou various senior groups, site evaluation, a building program, schematic/conceptual plans, and an opinion of costs. The $30,665. eation Board, the a liaison between nd Recreation serving as I the qualifications designed by the ield Crookless ing of April 17, )mmendation. A meetings with proposal is for The Director of the Parks and Recreation Department recommends adoption of Resolution No. 97-065 authorizing the City Manager toexecute an agreement with Hatfield Crookless Architects, Inc. to produce a Master Plan for the New Senior Center. There being no discussion, a motion by Councilman Mose§, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 97-065 authorizing the City Manager to execute an agreement with Hatfield Crookless Architects, Inc. to produce a Master Plan for the New Senior Center. D.2 CONSIDER ADOPTING RESOLUTION NO. 97-066 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LEEDS 'CLARK FOR STRUCTURAL REPAIRS TO THE SCHOOL HOUSE IN THE HISTORICAL PARK AND TAKE APPROPRIATE ACTION . Mayor Phelps presented the following information for consideration. As part of the Historical Park Masterplan, the School House was purchased and relocated to the Historical Park in 1986. A lean in the structure was first noticed in 1994. Engineering studies revealed the foundation is not the problem, but rather instability with the structure. Staff has reviewed recommendations for repairs that are sensitive to the historic structure. Staff recommends proceeding with repairs as outlined by Walker Structural Volume 74, page 88 Engineering with work performed by Leeds Clark for an amount not to exceed $26,501. The Director of the Parks and Recreation Department recommends adopting Resolution No. 97-066 authorizing the City Manager to execute a Professional Services Agreement with Leeds Clark for the structural repair of the School House in an amount not to exceed $26,501. There being no discussion, a motion by Councilman Grubbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 97-066 authorizing the City Manager to execute a Professional Services Agreement with Leeds Clark for the structural repair of the School House in an amount not to exceed $26,501. D.3 CONSIDER ADOPTING RESOLUTION NO. 97-064 RATIFYING THE AGREEMENT REACHED BETWEEN TU ELECTRIC AND THE STEERING COMMITTEE OF CITIES REGARDING A REFUND OF EIGHTY MILLION DOLLARS; AUTHORIZING INTERVENTION IN THE PUC DOCKET TO CONSIDER THE REFUND; AUTHORIZING CONTINUED NEGOTIATIONS BETWEEN TU ELECTRIC AND THE STEERING COMMITTEE TO RESOLVE FUTURE OVEREARNINGS ISSUES AND THE APPEALS AND REMANDS ASSOCIATED WITH PUC DOCKET NOS. 9300 AND 11735 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. A coalition of cities served by TU Electric together with the Public Utility Commission staff and the Office of Public Utility Counsel has recently negotiated with TU Electric to refund eighty million dollars to ratepayers effective August, 1997. TU agreed to a one time refund in order to avoid a rate reduction case this year. The individual cities in the coalition must ratify the agreement reached with TU Electric and approve the refund. Discussions will continue to try to settle other outstanding rate cases. TU Electric estimates the average residential customer will receive a $17.00 rebate. Staff recommends adopting Resolution No. 97-064 which ratifies the agreement reached between TU Electric and the steering committee of cities regarding a refund of eighty million dollars, authorizing intervention in the PUC docket to consider the refund, authorizing continued negotiations between TU Electric and the steering committee to resolve future overearnings issues and the appeals and remands associated with PUC docket nos. 9300 and 11735. There being no discussion, a motion by Councilman Bird, seconded by Councilman Grubbs, all voting "aye," adopted Resolution No. 97-064 which ratifies the agreement reached between TU Electric and the steering committee of cities regarding a refund of eighty million dollars, authorizing intervention in the PUC docket to consider the refund, authorizing continued negotiations between TU Electric and the steering committee to resolve future overearnings issues and the appeals and remands associated with PUC docket nos. 9300 and 11735. D.4 CONSIDER ADOPTING RESOLUTION NO. 97-072 AWARDING BID FOR ONE Volume 74, page 89 REPLACEMENT SELF-LOADING LANDFILL SCRAPER AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information for consideration. Replacement of one landfill scraper is necessary to avoid costly repairs and to continue the efficient operations of the City's Camelot landfill. Staff briefed the Council that this would most likely be a single manufacturer purchase. Request for bids were sent to four vendors which supply this type equipment and one vendor, Darr Equipment Company, responded with a bid in the amount of $416,351.00. The 1996-97 Public Works budget includes $400,000.00 for this purchase. The additional funds in amount of $16,351.00 needed are available in the City's Fixed Asset Fund. In addition, the estimated trade-in value of the City's existing equipment is $175,000.00. The Directors of Public Works and Equipment Services recommend approval of Resolution No. 97-072 awarding the bid for one replacement self-loading landfill scraper to Darr Equipment Company for the total amount of $416,351.00. Mayor Phelps stated staff has recommended a sealed bid for selling the existing scraper which should result in a better sales price. There being no further discussion, a motion by Councilman Grubbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 97-072 awarding the bid for one replacement self-loading landfill scraper to Darr Equipment Company for the total amount of $416,351.00. D.5 CONSIDER ADOPTING RESOLUTION NO. 97-067 APPROVING AND ADOPTING A REVISED TRAVEL AND EXPENSE REIMBURSEMENT POLICY FOR THE MEMBERS OF THE CITY COUNCIL, REPEALING RESOLUTION NO. 86-021, AND TAKE APPROPRIATE ACTION Mayor Phelps presented the following information for consideration. During the City Council Study Session meeting on April 21, 1997, City Council and staff reviewed administrative procedures relating to City Council travel. During this meeting, the City Council directed that a revised travel policy be drafted to require that the Finance Department verify the mathematical calculations on the Council Travel Expense Form prior to approval by the City Council Audit Committee. Resolution 97-067 adopts this revision and repeals the former travel policy. As the Finance Department will be verifying the calculations, the City Council Audit Committee has been redesignated as the Travel Expense Review Committee. City staff recommends the adoption of Resolution No. 97-067 approving and adopting a revised travel and expense reimbursement policy for the members of the City Council. A motion by Councilman Moses, seconded by Councilman Grubbs, all voting Volume 74, page 90 "aye," adopted Resolution No. 97-067 approving and adopting a revised travel and expense reimbursement policy for the members of the City Council with corrections made by the City Council during the Study Session. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Councilman Birds recommended that Mayor Pro Tern Davis and Councilman Robbs visit Bellaire, Texas to see their revitalization program. Councilman Grubbs stated he would like to visit Bellaire and see their revitalization program. Councilman Grubbs stated the last time the Council visited Bellaire he was unable to attend due to business. A motion by Councilman Bird, seconded by Councilman Grubbs, all voting "aye," approved travel to Bellaire, Texas for Mayor Pro Tern Davis, Councilmembers Grubbs and Robbs. D.7 CITIZEN PARTICIPATION. No one came forward. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 3:45 P.M. STUDY SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:10 P.M. AND THEN RECESSED FOR THE GENERAL SESSION AT 7:35 P.M. THE CITY COUNCIL RECONVENED INTO EXECUTIVE SESSION AT 9:30 P.M. AND CONCLUDED AT 10:27 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 a DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE - SECTION 551.074 1. DISCUSS APPOINTMENT TO THE VALWOOD IMPROVEMENT AUTHORITY. 2. DISCUSS APPOINTMENTS TO THE LIBRARY BOARD. Mayor Phelps and members of the City Council discussed appointments to various boards. E.1 b DISCUSS LAND ACQUISITIONS -TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS ACQUISITION OF PROPERTY ADJACENT TO CITY PROPERTY ON EITHER SIDE OF KEENAN BRIDGE ROAD. Volume 74, page 91 2. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED IN THE AREA BORDERED BY DANNY LANE, EPPS FIELD, DIXIANA, AND TOM FIELD ROAD. City Manager Richard Escalante, Assistant City Manager John Burke and Assistant City Manager Linda Tidwell-Groomer gave a report on possible land acquisition at various locations. E.1 c DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. DISCUSS POTENTIAL LITIGATION RELATED TO THE CARROLLTON- FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT ATTENDANCE ZONE ISSUE. City Attorney John Boyle and Attorney Kevin O'Hanlon presented information on the attendance zone issue. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported the appointment to the Valwood Improvement Authority has been postponed until the May 19, 1997, City Council meeting. Mayor Phelps reported the appointments to the Library Board has been postponed until the May 19, 1997, City Council meeting. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported City staff updated the City Council on possible land acquisition in Farmers Branch. E.4 CONSIDER NECESSARY ACTION ON PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported the City Attorney updated the City Council on the school issue. F.1 ADJOURNMENT. A motion by Councilman Bird, a second by Councilman Grubbs, all voting "aye", adjourned the City Council meeting of May 5, 1997, at 10:30 p.m. Volume 74, page 92 Mayor City Secretary 1 Volume 74, page 93