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2004-09-20 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, September 20, 2004 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem Councilmembers Bob Phelps Bill Moses Charlie Bird Paul Walden Junie Smith Ben Robinson The following members of Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary Assistant to the City Manager Assistant to the City Manager City Attorney Finance Director Director of Community Services Director of Economic Development Fire Chief Police Chief Library Director City Engineer Director of Communications Director of Public Works Director of Equipment Services Director of Parks and Recreation Recording Secretary Linda Groomer Mary Jane Stevenson Greg Vick Cindee Peters Margaret Somereve John Roach John Boyle Charles Cox Michael Spicer Norma Nichols Kyle King Jimmy Fawcett Danita Barber Jerry Murawski Tom Bryson Mark Pavageaux Don Moore Jeff Fuller Suzanne Reynolds Mayor Phelps called the City Council meeting of September 20, 2004 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilwoman Junie Smith presented the invocation and led the pledge of allegiance. Volume 94, page 1 A.2 PRESENTATION SERVICE AWARD. Mayor Phelps presented a 20-year employee service award to Elaine Nienkamp of the Engineering Department. A.3 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.4 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and City Council gave a brief summary of the item discussed in Study Session prior to the regular meeting. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated consent items are items that are to be considered 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 to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Moses, seconded by Councilwoman Smith, all voting "aye," approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF SEPTEMBER 2, 2004. B.2 ADOPTED RESOLUTION NO. 2004-099 TO ACCEPT A WATER MAIN EASEMENT DONATED BY WICHITA FALLS B&R INVESTMENTS, INC. FOR THE INSTALLATION OF A WATER MAIN IN THE J.C. WHITTEN ADDITION. C.1 CITIZEN PARTICIPATION. John Wells, 13521 Heartside Place, expressed concerns with the City closing vehicle traffic into the unpaved utility easement behind his house. John Oechsner, 3509 Brookline, reported on the International Shopping Centers Conference. C.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2789 APPROVING THE REQUEST BY WINGS-N-THINGS FOR A SPECIFIC USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES WITHIN A Volume 94, page 2 QUALIFYING RESTAURANT LOCATED AT 13901 MIDWAY ROAD, SUITE 101, WITHIN THE PLANNED DEVELOPMENT NUMBER 64 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant seeks approval of a specific use permit to allow on-site sales and consumption of alcoholic beverages for an existing qualifying restaurant, Wings-N-Things, located in the Parkside Shopping Center at the northwest corner of Midway Road and Parkside Boulevard. The request complies with the requirements established in Ordinance Number 2768, which regulates on-site sales and consumption of alcoholic beverages. The restaurant is approximately 1,625 square feet in area. Alcohol service would be provided exclusively at dining tables. No bar, drive-in or drive-through is proposed. No exterior advertising of alcohol sales is proposed. An alcohol awareness program has been submitted by the applicant, as required by the Ordinance, which addresses personnel training, verification of customer identification, an alcohol limits policy, and transportation for customers. The proposed hours of operation and alcoholic beverage sales are from 11:00 A.M. to 10:00 P.M. The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit, including the associated site plan, floor plan, and alcohol awareness program. Mayor Phelps opened the public hearing. A motion by Councilman Robinson, seconded by Councilman Walden, all voting, "aye," closed the public hearing. There being no discussion, a motion by Deputy Mayor Pro Tem Bird, seconded by Councilwoman Smith, all voting "aye," adopted the following captioned Ordinance No. 2789 approved the proposed specific use permit, including the associated site plan, floor plan, and sale of alcoholic beverages within a qualifying restaurant located at 13901 Midway Road, Suite 101, within the planned development number 64 zoning district. 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 ON-SITE SALES AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN AN EXISTING QUALIFYING RESTAURANT LOCATED AT 13901 MIDWAY ROAD, SUITE 101 AND WITHIN THE PLANNED DEVELOPMENT NUMBER 64 (PD-64) ZONING DISTRICT; Volume 94, page 3 PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2790 APPROVING THE REQUEST FROM PHILLIP EPPING ON BEHALF OF RALPH L. MASON TO AMEND PLANNED DEVELOPMENT NUMBER 23 ZONING DISTRICT PERTAINING TO PERMITTED USES, DEVELOPMENT STANDARDS AND PROCESSES, ON APPROXIMATELY 3.53 ACRES LOCATED GENERALLY AT THE SOUTHWEST CORNER OF BELT LINE ROAD AND MARSH LANE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject property is a 3.53-acre L-shaped property that surrounds the existing Car Spa development located at the southwest corner of Marsh Lane and Belt Line Road. The property owner is proposing to subdivide the subject property into four lots. Two of the four lots are presently under contract to be developed as restaurants, Sonic and Waffle House, and the remaining two lots will be developed in the future. There are four companion agenda items associated with the subject property, the first being the proposed zoning amendment to Planned Development Number 23 zoning district, followed by two specific use permit requests and a proposed replat. The applicant is seeking to amend the existing Planned Development Number 23 zoning district to allow multiple tenant identification signs and to allow special exceptions to development standards to be evaluated through the site plan approval process. The proposed zoning amendment applies only to the undeveloped portion of PD-23, approximately 3.53 acres. The proposed zoning amendment does not apply to the existing Car Spa development. Several motor vehicle and outside storage related uses are currently allowed by right within PD-23. The request proposes to require approval of a specific use permit for those motor vehicle and outside storage related uses currently allowed by right. The City's Comprehensive Plan recommends commercial mixed-use and residential for the subject property. The proposed zoning amendment is consistent with the Comprehensive Plan recommendation and promotes uses and standards consistent with commercial and retail development. The Planning and Zoning Commission unanimously recommends approval of the proposed rezoning request. Mayor Phelps opened the public hearing. Volume 94, page 4 Vicki Oppenheim, 1405 W. Chapman Drive, Sanger, Texas, presented Council a review of the applicant's proposed rezoning request. A motion by Mayor Pro Tem Moses, seconded by Councilman Walden, all voting "aye," closed the public hearing. There being no further discussion, a motion by Councilwoman Smith, seconded by Councilman Robinson, all voting "aye," adopted the following captioned Ordinance No. 2790 approving the rezoning request. 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 PLANNED DEVELOPMENT NUMBER 23 ZONING DISTRICT (PD-23) PERTAINING TO PERMITTED USES, DEVELOPMENT STANDARDS AND ESTABLISHING A SPECIAL EXCEPTION PROCESS FOR AN APPROXIMATE 3.53-ACRE TRACT LOCATED GENERALLY AT THE SOUTHWEST CORNER OF MARSH LANE AND BELT LINE ROAD; AMENDING ORDINANCE NUMBER 1177; PROVIDING A SAVING CLAUSE: PROVIDING INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2000.00) DOLLARS; AND PROVIDING AN EFFECTIVE DATE. CA PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2791 APPROVING THE REQUEST FROM PHILLIP EPPING ON BEHALF OF RALPH L. MASON FOR A SPECIFIC USE PERMIT FOR A RESTAURANT WITH DRIVE-IN SERVICE, SONIC, INCLUDING A SPECIAL EXCEPTION REQUEST FOR BUILDING MATERIALS, ON APPROXIMATELY 0.83- ACRE LOCATED AT 3660 BELT LINE ROAD, WITHIN PLANNED DEVELOPMENT NUMBER 23 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is seeking approval of a specific use permit for an approximate 1,524 square foot restaurant with drive-in service, known as Sonic, including 28 drive-in stalls and a drive-thru lane. Restaurants with drive-in service require approval of a specific use permit within the Planned Development Number 23 zoning district. A companion agenda item to amend the PD-23 zoning district includes requests to allow for special exceptions to be considered through the site plan approval process and to allow for multiple tenant identification signage. The applicant is requesting approval of a special exception to masonry construction requirements for the proposed canopy supports. Volume 94, page 5 The specific use permit application also includes a concept plan for the approximate 3.53-acre undeveloped parent lot in which the proposed restaurant is included. The concept plan reflects a mixed-use commercial development consisting of four proposed lots. The purpose of the concept plan is to encourage land planning and to demonstrate that the property can be developed in accordance with the existing zoning. The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit including the requested special exception with the following conditions: 1. The property owner must obtain approval of a variance to masonry construction requirements for the proposed canopy supports from the Building Code Board of Appeals should the companion Planned Development Number 23 zoning amendment not be approved. 2. Subject property shall be replatted including dedication of fire lane, access and utility easements, prior to issuance of a building permit. Should the City Council approve the companion agenda item for amending Planned Development Number 23 zoning district then Condition 1 pertaining to a variance being obtained from the Building Code Board of Appeals is no longer necessary. Mayor Phelps opened the public hearing. Vicki Oppenheim, 1405 W. Chapman Drive, Sanger, Texas, presented the proposed site plan including concept plan to the Council regarding the specific use permit application. A motion by Deputy Mayor Pro Tem Bird, seconded by Mayor Pro Tem Moses, all voting "aye," closed the public hearing. There being no further discussion, a motion by Councilman Robinson, seconded by Councilman Walden, all voting "aye," adopted the following captioned Ordinance No. 2791 approving the specific use permit including the requested special exception with Condition 2 pertaining to platting, as recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT WITH DRIVE-IN SERVICE ON AN APPROXIMATE 0.83-ACRE TRACT OF LAND GENERALLY KNOWN AS 3660 BELT LINE ROAD AND WITHIN THE PLANNED DEVELOPMENT NUMBER 23 (PD-23) Volume 94, page 6 ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.5 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2792 APPROVING THE REQUEST FROM PHILLIP EPPING ON BEHALF OF RALPH L. MASON FOR A SPECIFIC USE PERMIT FOR A NON DRIVE-IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW, WAFFLE HOUSE, INCLUDING SPECIAL EXCEPTION REQUESTS FOR SETBACKS AND PARKING, ON APPROXIMATELY 0.57-ACRE LOCATED AT 14951 MARSH LANE, WITHIN PLANNED DEVELOPMENT NUMBER 23 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is seeking approval of a specific use permit for an approximate 1,697 square foot non drive- in restaurant without outside sales window, known as Waffle House. Non drive- in restaurants without an outside sales window require approval of a specific use permit within Planned Development Number 23 zoning district. A companion agenda item for amending the PD-23 zoning district includes requests to allow for special exceptions to be considered through the site plan approval process and to allow for multiple tenant identification signage. The applicant is requesting approval of special exceptions to allow smaller parking stall dimensions and reduce the building setback along Marsh Lane from 30 feet to 15 feet. The proposed specific use permit application includes the proposed concept plan that is being considered as part of a companion agenda item for a specific use permit for a restaurant with drive-in service. The concept plan is for the approximate 3.53-acre undeveloped parent property, in which the proposed restaurant is included. The final design of the ventilation grease collection system is being refined by the applicant to address staff concerns pertaining to environmental, engineering and aesthetic issues. The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit including the requested special exceptions, with the following conditions to be addressed prior to issuance of a building permit: 1. The ventilation grease collection system shall be revised to comply with City ordinances and address concerns pertaining to odor, aesthetics and operations, subject to review and approval by the Environmental Health Division. Volume 94, page 7 2. Subject property shall be replatted including dedication of fire lane, access and utility easements. 3. The design of the dry rock riprap flume drainage channel along the south property line be revised, subject to review and approval by the Environmental Health Division and City Engineer. 4. The final landscape plan be subject to review and approval by the City Landscape Architect. 5. Final location and dimension of the proposed sidewalk along Marsh Lane shall be subject to review and approval by the City Engineer. 6. The parking space closest to Marsh Lane adjacent to the proposed building be relocated behind the front building fagade. Conditions 3 through 6 relating to landscaping, parking, sidewalks and drainage have been addressed by the applicant and the drawings have been modified accordingly. Mayor Phelps opened the public hearing. Rick Hathaway, 5986 Financial Drive, Norcross, Georgia, stated he was available to answer questions of Council. He also stated he was working with staff to resolve Condition No. 1 pertaining to the ventilation system. A motion by Councilman Walden, seconded by Councilman Smith, all voting "aye," closed the public hearing. There being no further discussion, a motion by Deputy Mayor Pro Tern Bird, seconded by Mayor Pro Tem Moses, all voting "aye," adopted the following captioned Ordinance No. 2792 approving the specific use permit including the requested special exceptions, with Conditions 1 and 2 as recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT TO ALLOW A NON DRIVE-IN RESTAURANT WITHOUT OUTSIDE SALES WINDOW ON AN APPROXIMATE 0.57-ACRE TRACT OF LAND GENERALLY KNOWN AS 14951 MARSH LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 23 (PD-23) ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO Volume 94, page 8 THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.6 PUBLIC HEARING: CONSIDER REQUEST BY RALPH L. MASON REVOCABLE TRUST FOR APPROVAL OF THE MASON ADDITION BEING A REPLAT OF CHASE BANK ADDITION, LOT 2 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Mason Addition is located at the southwest corner of Marsh Lane and Belt Line Road, adjacent to the Car Spa facility and is being replatted to establish four lots. The replat dedicates fire lanes, public access, utility, and drainage easements. The four lots of the proposed plat total 3.53 acres. Lot 1 is a 0.83-acre site of a proposed Sonic drive-in restaurant. Lot 4 is a 0.57-acre site of a proposed Waffle House restaurant. Lot 2, a 0.90-acre site, and Lot 3, a 1.23-acre site, are for future development. Texas Local Government Code requires that a public hearing be conducted for all replats that do not vacate a preceding plat of a subdivision or portion of a subdivision. The public hearing provision provides interested parties and citizens an opportunity to be heard but does not require written notification. The Mason Addition is consistent with the three Specific Use Permits, which are companion items on this City Council agenda, the Texas Local Government Code, and with City requirements for a replat. Mayor Phelps opened the public hearing. Vicki Oppenheim, 1405 W. Chapman Drive, Sanger, Texas, stated the replat for the Mason Addition complies with the specific use permit applications and subdivision ordinance. She stated she would be available to answer any questions the Council may have. A motion by Councilman Robinson, seconded by Mayor Pro Tern Moses, all voting "aye," closed the public hearing. There being no further discussion, a motion by Councilwoman Smith, seconded by Mayor Pro Tern Moses, all voting "aye," adopted the replat of the Mason Addition. C.7 PUBLIC HEARING: 2004-05 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET. Mayor Phelps presented the following information. A public hearing is being held to consider the 2004-05 operating and capital improvement program budget. Volume 94, page 9 The proposed budget was filed with the City Secretary on July 30, 2004 and copies of the proposed budget were made available for public inspection at the Farmers Branch Manske Library and on the City's website. A public work session of the City Council was held on August 16, 2004 to discuss the budget; the meeting was televised and has been regularly rebroadcast on the City's Cable Channel 16. The procedure tonight will be as follows: 1. The Mayor will open the public hearing. 2. Comments will be heard from citizens. 3. The hearing will be closed. 4. City Council discussion will follow. Following the conclusion of the public hearing discussion, the Council will address all budget-related items on this agenda as follows: • First, the proposed amendment to the current fiscal year's budget will be considered. • Then, a proposal to amend the City's investment policy will be addressed. • The Council will next consider four items related to the fee schedule and one item related to water and sewer rates. • The Council will then consider the adoption of the tax roll. • Adoption of the tax roll will be followed by the Council's consideration of the proposed 2004-2005 budget. • State law mandates that the tax rate may only be adopted after the proposed budget is approved. Adoption of the tax rate will be the last budget-related item on this evening's agenda. Mayor Phelps opened the public hearing. Kathleen Matsumura, 3938 Clubway Lane, thanked the City for providing the budget in easy access form online. She spoke concerning the Focus Farmers Branch Committee implemented by the City 20 years ago. She stated it was a positive experience for participants because they felt they were making contributions to future City developments and recommendations that would be considered for implementation. She stated it has been suggested that reinstatement of this program would be beneficial because it would attract young and people of varying backgrounds. She suggested some topics to be considered might include: re-examination of the Comprehensive Plan; development of the DART rail station; land being purchased by the City (citizens having a say in development of property purchased with their dollars); changing current City ordinances regarding liquor sales as was suggested 20 years ago; considering ways to do more with the Manske Library; re-instating recycling pickup and use of the landfill; sale of city items at an online store; consideration and programs on xeriscaping and composting. She encouraged the Mayor and City Council to consider forming a new Focus Farmers Branch group. Volume W, page 10 John Wells, 13521 Heartside Place, stated several concerns including the increase in the property tax rate. He asked if the City could charge businesses higher taxes than residents. Mayor Phelps replied no. Mr. Wells asked if Addison is paying more for the use of the Manske Library. Ms. Groomer replied the City reviewed the fees being charged to the Town of Addison, and the City did not elect to increase the fees this year but will look at it in the coming year. Mr. Wells suggested that Addison and Brookhaven College contribute to the building of a new library. Mayor Phelps commented that Addison is raising taxes and Brookhaven College is coming to the City for funds. Mr. Wells stated his biggest concern is the properties that the City owns. Mayor Phelps stated the City does own properties and has attempted to assemble properties in order to attract new development. Mr. Wells stated if the City increases taxes in difficult times, it should decrease taxes when the economy is better. Calla Davis, 2828 Selma Lane, expressed her support to the Council and commended staff for developing the budget for the coming year. She asked Council to support the Farmers Branch Chamber of Commerce and recommended continued funding for Senior Adult Services along with the other non-profit organization contracts that help Farmers Branch residents. A motion by Councilman Robinson, seconded by Councilman Walden, all voting "aye," closed the public hearing. Mayor Phelps commented that he does not want to raise taxes but the City has two choices: 1) to keep the current services that citizens of Farmers Branch are receiving, which will require a tax increase, or 2) cut city services to residents, lay off employees, and/or use reserve funds. He stated if this is done, the pay-as-you- go plan is dismantled and the result would be for the City to raise taxes to pay for bonds that the City would have to sell. He stated hopefully revenue will increase and in three years the City's debt service on bonds will be paid off. He encouraged the Council to support the proposed budget. Mayor Phelps commented on the organizations. He suggested that the City drop the $5000 donation to the Metrocrest Chamber of Commerce and instead pay membership dues. He also suggested that Council set the maximum funding level for the organizational contracts at $175,000 and split the funding among the four organizations as Council sees appropriate; or to approve the same four organizations for the same amount as the current year. City Manager Linda Groomer gave a summary of the proposed budget for 2004- 2005 including the impact of the economy on the past three years' budgets. She stated overall property values declined 6.1%, commercial property values declined 8.7% and business personal property values declined 16.3%, along with decreases in franchise taxes and interest income. She reported that sales taxes had stabilized and that this budget projected a 5% increase in the 2005 budget. Volume 94, page I I The City Manager commended current and previous Councils for their strong financial planning, which resulted in fund balances and programs that moderated the effects of the economic downturn. She repeated the Council's stated priorities during the downturn: • Maintaining the 90-day fund balance • Avoiding layoffs • Maintaining infrastructure through the pay-as-you-go program • Maintaining service levels • Pursuing economic development opportunities, including the west side and the station area • Maintaining the City's outstanding customer service levels • Continuing the aggressive code enforcement program • Maintaining the property tax rate She stated that all priorities had been met with the exception of maintaining the property tax rate, which is the effective tax rate, meaning that the proposed rate is the rate that produces the same amount of property tax revenues collected in the current budget year. The City Manager outlined some of the issues, which had been considered before recommending the tax rate increase: • The use of fund balance in the past three budgets • Elimination of 30 positions in the past three years • Increasing employee health insurance costs and employees being asked to pay a larger portion of their premiums for reduced benefits • Reduction in contributions to the capital improvement program, but with an additional $196,000 being included in the proposed budget • Outsourcing of the Media Center and the Fleet Warehouse • Deferral of equipment replacement totaling more than $800,000 Highlights of the proposed budget presented by the City Manager included: • The proposed budget being a balanced General Fund budget in the amount of $38,101,900 without the use of fund balance • A proposed property tax rate of 49.45¢, being the effective tax rate • Reductions of more than $2 million in expenditures • A proposed water and sewer rate increase of 4.5% and a proposed Water and Sewer Fund budget of $12,846,500 • Maintaining the Street Improvement Program • Renovations to the Manske Library • Opening of the new StarCenter Conference Center on November • Increased Recreation Center hours to include Sunday afternoons Councilman Robinson congratulated staff for putting together a good budget. He asked City Engineer Jerry Murawski about the annual maintenance costs on Longmeade Drive. Mr. Murawski explained that Longmeade was scheduled for Volume 94, page 12 reconstruction because it could no longer be maintained as the entire street suffers from inadequate drainage. Councilman Robinson stated the overall budget is great except for the tax increase. He stated he feels the City needs to keep its tax rate as low as it can and thinks the budget can be done without the tax increase. Councilman Robinson reviewed the summary of general funds on the budget basis and under the most realistic scenario basis. He stated the pay-as-you-go concept is a good program, but to raise taxes at this time would be a burden to the citizens. He stated the City should be managed at the lowest tax rate possible and as conditions improve, then utilize the pay-as-you-go plan. Councilman Robinson urged Council not to accept the budget with the tax increase but to move forward with the budget as proposed excluding the tax increase, possibly utilizing the reserves. Councilman Walden asked Finance Director Charles Cox a number of questions concerning the proposed budget and its impact on City operations and programs, to each of which Mr. Cox provided answers and explanations. Councilman Walden asked questions regarding the following: use of fund balance and long-term impacts; fixed asset deferrals and impact; reductions in the certified tax roll; declining revenue stream since 2001; the increase in the tax rate in 2003 from 44¢ to 46¢; commercial tax values declining from 85% to 76% of total property tax values; the reduction in sales tax revenues to 1996 levels, declining from $14 million to $12 million; reductions in expenditures; reduction of 27 positions, or 6% of total staffing; elimination of a fire inspection position originally scheduled to be reinstated in this budget and the impact of that reduction; the ten part time positions added to staff the new Recreation Center; impacts of the budget reductions on all departments; impact of budget reductions on the capital improvement budget, and reductions in the contribution to the CIP from $2.4 million to $400,000 per year; increases in employee and retiree health insurance costs and the overall trends; adjustments to midyear budget projections; increase in funding to the Senior Adult Services contract at midyear; City Council budget objective to have a balanced budget; inclusion of $181,000 for contracts with non-profit organizations, being equivalent to %2 cent on the tax rate; impacts of reduced staffing; memberships to the Metrocrest and Farmers Branch Chambers of Commerce. Councilman Walden stated he believes that less taxes are better than more taxes and that less government is better than more government. He stated the City's mandate is for core city services, limited government and less taxes. He stated he would not support the expenditures to the social service agencies but would support memberships to both the Metrocrest and Farmers Branch Chambers of Commerce. Deputy Mayor Pro Tem Bird stated he disagrees with not supporting the organization contracts. He stated the City hires the agencies to perform services Volume 94, page 13 for the residents of Farmers Branch and if services are not performed, then they are not paid. He complimented staff and the City Manager for working hard to put together an excellent budget for 2004-2005. He expressed support of the budget including the non-profit agency contracts. He also stated he does not want to depart from the pay-as-you-go program. Mayor Pro Tem Moses complimented the City Manager and staff for the excellent job in putting the budget together. Mayor Pro Tem Moses stated he agreed with Deputy Mayor Pro Tem Bird that the City should contract with the agencies. Mayor Pro Tem Moses express support of the staff, City Manager and the budget as presented. Councilwoman Smith stated support of the budget, City staff and Council for the work put into preparing the budget. Councilwoman Smith stated she would like for the City to do whatever it can to help the non-profits to become independent of the City. She stated she supports the budget this year but would like to see future budgets that do not fund these organizations because they have become dependent upon the City for their operations. D.1 CONSIDER ADOPTING ORDINANCE NO. 2781 AMENDING THE CITY'S OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE 2003-04 FISCAL YEAR AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Ordinance No. 2781 amends the 2003-04 fiscal year operating and capital budget to a level that is consistent with the City's most current estimate of revenues and expenditures. Overall when compared with the Mid-Year Amended Budget, the 2003-04 Year-End Amended Budget includes: • a net decrease of $400,000 in General Fund revenues • a net decrease of $378,200 in General Fund expenditures • a net decrease of $10,000 in Hotel/Motel Fund revenues • a net increase of $50,704 in Special Revenue Fund grant revenues, which are partially offset by a net increase of $35,904 in Special Revenue Fund grant expenditures • a net increase of $2,600 in Internal Service Fund expenditures • a net increase of $500 in Hotel/Motel Fund expenditures. A planned use of $347,800 of General Fund Balance is included in the proposed amended budget, as projected. Staff recommends the adoption of Ordinance No. 2781 amending the 2003-04 fiscal year operating and capital improvement budget. There being no discussion, a motion by Deputy Mayor Pro Tem Bird, seconded by Mayor Pro Tem Moses, all voting "aye," adopted the following captioned Volume 94, page 14 Ordinance No. 2781 amending the 2003-04 fiscal year operating and capital improvement budget AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 2003-04 FISCAL YEAR OPERATING AND CAPITAL BUDGET AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. D.2 CONSIDER ADOPTING RESOLUTION NO. 2004-065 TO AMEND THE CITY'S INVESTMENT POLICY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Texas Public Funds Investment Act and the City's Investment Policy require an annual review by the City Council of the investment strategies and policies of the City. The City's existing policy has provided excellent guidance to staff and has been used as a model policy for other government entities. Additionally, the Investment Policy has been recognized with a Certification of Excellence Award by the Municipal Treasurers' Association of the United States and Canada. The City of Farmers Branch manages and invests its cash consistent with four objectives. The objectives, listed in priority order, are: Safety, Liquidity, Yield, and Public Trust. The safety of principal invested always remains the primary objective. All investments are designed and managed in a manner responsive to the public trust and in accordance with state and local law. The City's investment portfolio consists primarily of United States Agency and Treasury Notes with an average portfolio maturity of eighteen months and a maximum investment maturity of five years. Staff recommends amending the maximum investment maturity to allow for longer than five-year investments for debt service funds. The maximum final stated maturity of investments for operating funds and commingled pools containing operating funds will remain unchanged at five years. This change will improve investment yields and still maintain the current approved investment strategy for debt service funds by allowing better matching of investment maturities with debt service requirements. The proposed change is underlined in Section V of the investment policy. Mayor Phelps asked if the only change in the policy is the five-year investments for debt service funds. City Manager Linda Groomer replied that was correct. There being no further discussion, a motion by Councilman Walden, seconded by Councilman Robinson, all voting "aye," adopted Resolution No. 2004-065 amending the City's investment policy to allow for longer than five-year investments for debt service funds. D.3 CONSIDER ADOPTION OF ORDINANCE NO. 2787 AMENDING SECTION 22-53 OF THE FEE SCHEDULE OF THE CODE OF ORDINANCES Volume 94, page 15 RELATING TO THE REGISTRATION OF LICENSES FOR ELECTRICAL, PLUMBING, MECHANICAL, IRRIGATION AND FIRE SPRINKLER CONTRACTORS LICENSES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Each year, as part of the budget process, the City Council considers the fee schedules that exist for various services offered by the City. This evening's agenda includes recommendations regarding the fees charged for emergency telephone service, copies made in response to individuals' requests for public information, parks and recreation services, water and sewer services, and this item which addresses fees for registering contractors and tradesmen licenses. Specific construction trades, such as plumbers, electricians, and mechanical contractors, are required to have State issued licenses to demonstrate that the license holder has a minimum knowledge and/or skill level in that trade. Prior to the City issuing a permit, the license holder is required by local ordinance to register his or her license with the City. The registration is valid for one year and documents that the tradesman has a current and valid State issued license to perform the permitted work. In some cases the fees for license registration have not been updated in more than 10 years. The recent enactment of a State issued license for electricians created inconsistencies in the City's present fee structure. It is proposed that the fee structure be updated and certain registration fees increased to be brought in line with the surveyed communities. In response to a question of Mayor Phelps, the City Manager replied the change in State law addresses licensing for electricians, but there is no State requirement on fees; the fee schedules are recommended based to put Farmers Branch fees more in line with surrounding cities. There being no further discussion, a motion by Councilwoman Smith, seconded by Deputy Mayor Pro Tem Bird, all voting, "aye," adopted the following captioned Ordinance No. 2787 amending Section 22-53 of the Fee Schedule of the Code of Ordinance of the City of Farmers Branch. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING SECTION 22-53- REGISTRATION AND LICENSE FEES FOR CONTRACTORS OF APPENDIX A - FEE SCHEDULE OF THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH. DA CONSIDER ADOPTING ORDINANCE NO. 2788 AMENDING EMERGENCY TELEPHONE SERVICE FEES BY AMENDING THE FARMERS BRANCH CODE OF ORDINANCES, APPENDIX A - FEE SCHEDULE, ARTICLE IV - EMERGENCY TELEPHONE SERVICE, SECTION 30-121 AND TAKE APPROPRIATE ACTION. Volume 94, page 16 Mayor Phelps presented the following information. The City of Farmers Branch imposes a 911 emergency fee on each telephone subscriber's local exchange access line, or its equivalent, to provide for the purchase, installation, operation, maintenance, and upgrade expenses for the City's 911 emergency service system. For the past fifteen years, the City has been working together with the City of Carrollton and Town of Addison to share a trunk radio system to provide an effective 911 emergency service system. Major improvements to the trunk radio system began two years ago to address areas experiencing poor communication reception and transmission. The City increased 911 fees on December 1, 2003 to help pay for these improvements. It was noted at the time that fee revenues would be re-evaluated annually to make sure funding levels are sufficient to pay for the trunk radio system upgrade. City staff is proposing an increase in 911 fees in the 2004-2005 proposed budget to provide for additional funding for the trunk radio system upgrade to help insure an effective system. The proposed funding will result in an increase in residential and business 911 fees. The increase for residential lines will be from 75¢ to $1.00 per line per month. The increase for business lines will be from $1.50 to $1.95 per line per month. The increase for trunk lines will be from $2.00 to $2.50 per trunk per month. These increases, totaling estimated additional revenues of $145,000, are included in the 2004-05 proposed budget. There being no discussion, a motion by Councilwoman Smith, seconded by Mayor Pro Tern Moses, all voting "aye," adopted the following captioned Ordinance No. 2788 amending emergency telephone service fees by amending the Farmers Branch Code of Ordinances, Appendix A - Fee Schedule, Article IV - Emergency Telephone Service, Section 30-121. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING NON-RESIDENTIAL EMERGENCY TELEPHONE SERVICE FEES BY AMENDING THE FARMERS BRANCH CODE OF ORDINANCES, APPENDIX A - FEE SCHEDULE, ARTICLE IV - EMERGENCY TELEPHONE SERVICE, SECTION 30-121. D.5 CONSIDER ADOPTING ORDINANCE NO. 2793 ESTABLISHING THE CHARGES FOR COPIES WHEN PROVIDING PUBLIC INFORMATION AND AMENDING APPENDIX A OF THE FARMERS BRANCH CODE OF ORDINANCES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Texas Public Information Act, Texas Government Code, Chapter 522, gives citizens the right to request access to governmental records. When a request is made for copies of information, State law allows the governmental body to charge for the copies. All charges imposed by the governmental body for copies, or for access to Volume 94, page 17 information, must comply with the Texas Building and Procurement Commission rules. Ordinance No. 2793 has been prepared in compliance with the Act and with the charges set by the Texas Building and Procurement Commission. The ordinance also includes a provision to waive the charges for copies of 30 pages or less of information, which allows for faster service for small requests. The cost of a standard size copy will be 10¢ per page. The proposed ordinance also provides a fee schedule for other types of copies, including larger copies such as mylars. The ordinance also includes a provision to allow staff to update the charges as the fee schedule may change as set by the Texas Building and Procurement Commission. If adopted, Appendix A and Chapter 2, Article IV, the Fee Schedule of the Farmers Branch Code of Ordinances, would be amended establishing the fees that the City of Farmers Branch may charge for copies of public information. There being no discussion, a motion by Councilwoman Smith, seconded by Councilman Walden, all voting "aye," adopted the following captioned Ordinance No. 2793 establishing fees the City may charge for copies of public information. AN ORDINANCE OF THE CITY OF FARMERS BRANCH SETTING CHARGES FOR PROVIDING COPIES OF RECORDS TO BE IN COMPLIANCE WITH THE TEXAS PUBLIC INFORMATION ACT; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. D.6 CONSIDER ADOPTING ORDINANCE NO. 2780 AMENDING CHAPTER 50, PARKS AND RECREATION AND APPENDIX A, OF THE FARMERS BRANCH CODE OF ORDINANCES, ESTABLISHING USER FEES FOR PARKS AND RECREATION SERVICES, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In order for the current schedule of Parks and Recreation fees to be included in the Farmers Branch Code of Ordinances, it is necessary that Council adopt these fees by ordinance. If adopted, Appendix A and Chapter 50, Article II, would be amended to add Section 50-41, "Parks and Recreation User Fees" establishing user fees charged for the use and rental of recreational services, including swimming pool usage, facility rentals, photography fees, memberships, and youth programs. In addition to establishing user fees by ordinance, the ordinance allows the City Manager or his/her designee to adjust individual class or activity fees not adopted by this ordinance. Individuals who are not in compliance with the ordinance may be denied use of the City's parks and recreational facilities and not allowed to Volume 94, page 18 participate in classes or activities sponsored by the Parks and Recreation Department. No new user fees or increases to current fees are recommended as part of this ordinance. There being no discussion, a motion by Councilman Robinson, seconded by Councilman Walden, all voting "aye," adopted the following captioned Ordinance No. 2780 establishing by ordinance Parks and Recreation user fees and corresponding fee schedule for Parks and Recreation services. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING CHAPTER 50, PARKS AND RECREATION, ARTICLE II RULES AND REGULATIONS OF THE CITY CODE OF ORDINANCES, TO ADD A NEW SECTION 50-41; AMENDING APPENDIX A, FEE SCHEDULE, ESTABLISHING FEES FOR PARKS AND RECREATION SERVICES; REPEALING ALL ORDINANCES AND PROVISIONS IN CONFLICT HEREWITH, PROVIDING A SEVERABLITY CLAUSE; AND PROVIDIING AN EFFECTIVE DATE. D.7 CONSIDER ADOPTING ORDINANCE NO. 2785 AMENDING APPENDIX A - FEE SCHEDULE, CHAPTER 86 - UTILITIES, OF THE FARMERS BRANCH CODE OF ORDINANCES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2004-2005 proposed budget includes an increase of 4.5% in water and sewer rates. Water and sewer rates were last increased on October 1, 2003. Increased costs for purchased water, wet weather conditions, a prolonged economic downturn resulting in fewer customers, and fund balance depletion below required levels have resulted in this increase proposal. The monthly utility bill of an average residential customer with 10,000 gallons water consumption, considering both the water and sewer rate change, will increase from $48.64 to $50.89 for a change of $2.25 per month. Even with this increase, Farmers Branch rates remain low compared to area cities. There being no discussion, a motion by Councilman Walden, seconded by Councilwoman Smith, all voting "aye," adopted the following captioned Ordinance No. 2785 amending Appendix A - Fee Schedule, Chapter 86 - Utilities, of the Farmers Branch Code of Ordinances. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING UTILITY FEES BY AMENDING THE FARMERS BRANCH CODE OF ORDINANCES, APPENDIX A - FEE SCHEDULE, CHAPTER 86. Volume 94, page 19 D.8 CONSIDER ADOPTING ORDINANCE NO. 2782 APPROVING THE 2004 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Proposed Ordinance No. 2782 approves the 2004 tax roll certified by the Dallas Central Appraisal District. The certified tax roll sets forth the taxable value, after qualified exemptions for residential and commercial real property and business personal property in the City of Farmers Branch at $3,253,626,077 (three billion, two hundred fifty-three million, six hundred twenty-six thousand, seventy-seven dollars). This represents a $304,586,316 decrease of 8.6% in taxable value from the July 25, 2003 certified tax roll. There being no discussion, a motion by Deputy Mayor Pro Tem Bird, seconded by Councilwoman Smith, all voting "aye," adopted the following captioned Ordinance No. 2782 approving the tax roll certified by the Dallas Central Appraisal District. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, TO APPROVE THE 2004 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT D.9 CONSIDER ADOPTING ORDINANCE NO. 2783 APPROVING THE OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET FOR THE 2004-05 FISCAL YEAR AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On July 30, 2004, the proposed 2004-05 fiscal year operating and capital budget was delivered to the City Council and a copy was delivered to the Farmers Branch Manske Library for citizen review. The proposed budget was discussed with City Council during a budget workshop held August 16, 2004 and citizen comments were heard at a public hearing held earlier during this meeting. Ordinance No. 2783 approves the operating and capital improvement program budget for the 2004-05 fiscal year. All applicable laws and City Charter provisions necessary for adoption of the budget have been followed. Mayor Phelps asked if this item included the organizational funding. City Attorney John Boyle replied it is up to the City Council. City Manager Linda Groomer stated Council could make any changes to the $181,000 that is outlined for the funding of the organizations. Councilman Robinson stated he agrees with everything in the budget with the exception of the tax increase, and for that reason would be voting against the budget. Volume 94, page 20 Councilman Walden stated he would also vote against the budget because he feels the $181,000 funding for the social services is needed for public safety. Deputy Mayor Pro Tem Bird moved to accept the budget as submitted with the exception of the Metrocrest Chamber of Commerce contract not being funded with the City instead paying membership dues. City Attorney John Boyle stated there has been a court ruling that determined cities cannot pay membership dues to non-governmental organizations. He suggested the Council should continue funding these organizations as contracts as opposed to a membership. Deputy Pro Tem Bird withdrew his motion, and moved to adopt Ordinance No. 2783. Mayor Pro Tem Moses seconded the motion. Voting in favor of the motion were Councilmembers Smith, Bird, and Moses; voting against the motion were Councilmen Walden and Robinson. The motion carried 3 votes to 2 to adopt Ordinance No. 2783 approving the 2004-05 fiscal year operating and capital budget. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, PROVIDING FUNDS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005, BY APPROVING THE BUDGET FOR SAID PERIOD AND APPROPRIATING AND SETTING ASIDE THE NECESSARY FUNDS OUT OF THE GENERAL AND OTHER REVENUES OF THE CITY OF FARMERS BRANCH FOR SAID FISCAL YEAR FOR THE MAINTENANCE AND OPERATION OF VARIOUS DEPARTMENTS AND FOR VARIOUS ACTIVITIES AND IMPROVEMENTS OF THE CITY. D.10 CONSIDER ADOPTING ORDINANCE NO. 2784 TO LEVY THE TAX RATE FOR 2004-05 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Ordinance No. 2784 sets the tax rate for the 2004 tax year at the effective tax rate level of $0.4945 per $100 of assessed value on residential and commercial real property and business personal property within the City. This represents a $0.0345 (3.45 cent) increase from 2003's tax rate. Due to the 8.6% decrease in taxable property values, adoption of the effective tax rate means that property tax revenues to the City will effectively be the same amount as in the prior fiscal year. Even with this increase, the City of Farmers Branch continues to have one of the lowest tax rates in Dallas County. The $0.4945 tax rate will be distributed as follows: $0.39654 per $100 of assessed value for general fund distribution and $0.097960 per $100 of assessed value for debt service distribution. The impact on a $136,600 average value home in Farmers Branch will be an increase of $37.70 per year, or $3.14 per month, for a Volume 94, page 21 home with a homestead exemption. For a home of the same value with both a homestead as well as an over-65 exemption, the increase will be $17.00 per year, or $1.42 per month. Mayor Phelps commented that the $.096 debt service is a low portion of the tax rate dedicated to debt service. He stated that other cities and school districts have debt service rates of $30 to $.40 of their tax rate and are still continuing to sell bonds. John Wells, 13521 Heartside Place, commented when the debt service is paid off, he would hope that tax rates be reduced accordingly. Councilman Walden stated he could not support this tax increase. There being no further discussion, it was moved by Deputy Mayor Pro Tem Bird, seconded by Mayor Pro Tem Moses, to adopt Ordinance No. 2784. Voting in favor of the motion were Councilmembers Smith, Bird, and Moses; voting against the motion were Councilmen Walden and Robinson. The motion carried 3 votes to 2 adopting Ordinance No. 2784 to levy the tax rate for the 2004-05 fiscal year at $0.4945 per $100 of assessed value. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, TO LEVY THE TAX RATE FOR THE 2004-2005 FISCAL YEAR. D.11 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, THE PARKS AND RECREATION BOARD, THE LIBRARY BOARD, THE HISTORICAL PRESERVATION AND RESTORATION BOARD AND FOR MUNICIPAL COURT JUDGES AND TAKE APPROPRIATE ACTION. A motion by Councilman Smith, seconded by Deputy Bird, all voting "aye," reappointed Jimmy Thompson, Allan Moore, Margaret Young and Robert Davis to the Parks and Recreation Board, with appropriate letter. A motion by Mayor Pro Tem Moses, seconded by Deputy Mayor Pro Tem Bird, all voting "aye," moved Betsy Armstrong to Alternate Place 2, Carolyn Vanderhoof to Place 6 and Lutha Grigsby to Alternate Place 1 on the Library Board. A motion by Deputy Mayor Pro Tem Bird, seconded by Mayor Pro Tem Moses, all voting "aye," reappointed the municipal court judges and alternate municipal court judges for a two-year term. A motion by Deputy Mayor Pro Tem Bird, seconded by Councilman Robinson, all voting "aye," adopted Resolution No. 2004-103 relating to the compensation Volume 94, page 22 of the municipal court judges and alternate municipal court judge for the City of Farmers Branch, Texas. D.12 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Moses reported on the Sister Cities trip to Bassetlaw, England; Garbsen, Germany; Sch6nebeck, Germany; and Wrzesnia, Poland. Councilman Robinson reported that Mayor Pro Tern Moses did an excellent job representing the City of Farmers Branch during the Sister Cities trip. City Manager Linda Groomer echoed Mayor Pro Tern Moses' remarks. Ms. Groomer stated in September 2005 a large delegation from the Sister Cities will visit Farmers Branch on the anniversaries of the twinnings, and she encouraged anyone interested in hosting a family to call City Secretary Cindee Peters or Janie Scarbrough. D.13 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. There were no committee or organization reports. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:59 P.M. AND THEN CONCLUDED AT 6:26 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. Discuss land acquisition of property located in the Farmers Branch DART station area and take any necessary action during the public segment of the meeting. Discuss an economic development incentive sale and trade of land between the City of Farmers Branch and Downtown Development Inc. for properties located in the DART station area and at the northwest corner of Valley View Lane and Keenan Bridge Road and take any necessary action during the public segment of the meeting. Volume 94, page 23 Mayor Phelps stated staff was present to discuss these items with the City Council. E.2 Discuss personnel matters - Texas Government Code Section 551.074. Discuss compensation for the Municipal Court Judge and Alternate Municipal Court Judges as required by State Law and take appropriate action. Mayor Phelps stated City Council discussed this item. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on executive session. A motion by Mayor Pro Tem Moses, a second by Councilman Bird, all voting "aye", approved Resolution No. 2004-101 approving Economic Development Program criteria for tracts of land described in exhibits "A", "B" and "C"; approving an economic development incentive sale and trade of land agreement by and between the City of Farmers Branch, Texas, and downtown Development, Inc.; authorizing the City Manager to execute same and any and all documents related thereto. F.2 ADJOURNMENT. A motion by Councilwoman Smith, a second by Councilman Bird, all voting "aye", adjourned the City Council meeting of September 20, 2004 at 10:02 p.m. r Bob Phelps, Mayor Cindee Peters, City Secretary Volume 94, page 24