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2000-08-21 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING August 21, 2000 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Bob Phelps Bill Moses Calla Davis Jim Robbs 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 Communication Director Economic Development Director Director of Community Services Director of Planning City Engineer Director of Finance Director of Parks & Recreation Director of Equipment Services Library Director Police Chief Fire Chief Director of Public Works Traffic Engineer Recording Secretary Richard L. Escalante Linda Groomer John Burke Margaret Somereve John Roach John Boyle Cindee Peters Tom Bryson Norma Nichols Michael Spicer Kaizer Rangwala Jerry Murawski Charles Cox Jeff Fuller Don Moore Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux Dave Davis Suzanne Reynolds Mayor Phelps called the City Council Meeting of August 21, 2000 to order at 7:35 P.M. The meeting was televised. Volume 84, page 68 A.1 INVOCATION. Councilman Bird gave the invocation and Mayor Pro Tern Moses led the pledge of allegiance to the flag. A.2 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a 10-year employee service award to Robin Edwards of the Parks and Recreation Department. Mayor Phelps presented a 15-year employee service award to Toribio Martinez of the Public Works Department. Mavor's Announcement Tom Bryson, Communications Director, introduced Bodo Palte a university student from Farmers Branch Sister City Garbsen, Germany who will be interning with the City of Farmers Branch for approximately eight weeks. A.3 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A. 4 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the Council gave a brief summary of the items discussed in Study Session prior to the Regular meeting. B. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.B. Mayor Phelps stated consent items are items that are to be considered and action taken that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for the consent items is established in order to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tern Moses, seconded by Councilman Robbs, all voting "aye," added Executive Session item E.1 a to Regular Agenda and read item B.8 on the Consent Agenda. A motion by Mayor Pro Tern Moses, seconded by Councilman Robbs, all voting "aye," approved the Consent Agenda as amended. Volume 84, page 69 B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF AUGUST 7, 2000. B.2 APPROVED MINUTES OF SPECIAL CITY COUNCIL OF AUGUST 14, 2000. B.3 APPROVED THE REQUEST OF GNB TECHNOLOGIES, INC., FOR SITE PLAN OF AN ADDITIONAL DUST COLLECTOR AND AN APPROXIMATE 800 SQUARE FOOT MANUFACTURING BUILDING EXPANSION ON 45.5 ACRES LOCATED AT 1880 VALLEY VIEW LANE WITHIN PLANNED DEVELOPMENT NO. 77. B.4 ADOPTED RESOLUTION NO. 2000-132 AWARDING THE BID FOR TRAFFIC SIGNAL LOOP DETECTOR REPAIRS TO DURABLE SPECIALTIES, INC. B.5 ADOPTED RESOLUTION NO. 2000-130 APPROVING AN AMENDMENT TO THE ENGINEERING SERVICES CONTRACT WITH ARS ENGINEERING, INC. FOR THE BROOKHAVEN CLUB DRIVE RECONSTRUCTION PROJECT. B.6 ADOPTED RESOLUTION NO. 2000-125 AWARDING THE BIDS FOR WATER METERS AND STRAINERS FOR THE PUBLIC WORKS UTILITY DIVISION. B.7 ADOPTED RESOLUTION NO. 2000-128 ACCEPTING A FIVE- FOOT AERIAL EASEMENT FOR STREET LIGHT INSTALLATION, DEDICATED BY MR. AND MRS. ALFRED WOODALL OF 2964 TOPAZ LANE. B.8 ADOPTED RESOLUTION NO. 2000-127 AUTHORIZING THE CONTINUATION OF THE HEALTH SERVICES AGREEMENT BETWEEN DALLAS COUNTY AND THE CITY OF FARMERS BRANCH. Mayor Phelps presented the following information. The City has had a health services agreement with the Dallas County Health Department for the past sixteen years. The agreement provides that Dallas County will make certain communicable disease control and laboratory health services available to Farmers Branch residents. Communicable disease control and laboratory health services are provided at 2377 N. Stemmons Freeway in Dallas. The Dallas County Health Department conducts a well child clinic two days per month at the City's Recreation Annex and conducts Volume 84, page 70 a senior citizens clinic one day per month at the City's Senior Center. Immunization services for Farmers Branch children are also available four days per week at 1235 South Josey Lane in Carrollton. The current agreement expires on September 30, 2000. The County Health Department has submitted a proposal for continuation of these services for the fiscal year 2000-2001. The total cost of services for fiscal year 2000-2001 will be $14,853. The cost of the proposed contract is the same as the cost of the current contract. Funds are proposed in the Community Services Department budget for the health services contract. City staff recommends the City Manager be authorized to enter into a health services agreement with Dallas County for the fiscal year 2000-2001. C.1 PUBLIC HEARING: CONSIDER THE REQUEST OF ZONE SYSTEMS, INC., FOR SITE PLAN APPROVAL FOR SIX TELECOMMUNICATIONS ANTENNA PANELS ON THE BUILDING FACADE OF THE RHD HOSPITAL BUILDING AT 7 MEDICAL PARKWAY AND WITHIN THE PLANNED DEVELOPMENT NO. 18 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is seeking site plan approval for installation of six telecommunications antenna panels for Sprint PCS at the top of the building facade of the RHD Hospital located at 7 Medical Parkway. Two of the proposed antenna panels will be positioned on the north facade of the elevator penthouse between two existing Metrocel antenna panels. The other four proposed antenna panels are to be placed at the top of the building facades at the southeast and southwest corners of the building. The positioning of the antennas will not exceed the roofline of the penthouse or the building parapet in their respective placements. The proposed antennas shall be approximately the same size and color as the existing Metrocel antenna panels mounted on the elevator penthouse wall. Additionally, the applicant is proposing to install the antennas' associated electrical and mechanical equipment cabinets on the roof of the building with an access ladder to the penthouse roof. The associated equipment attached to the building or penthouse wall will be painted the same color as the respective wall. Volume 84, page 71 The proposed site plan is consistent with the land use recommendations of the Comprehensive Plan and complies with all PD-18 and Comprehensive Zoning Ordinance regulations. The Planning and Zoning Commission, by unanimous vote, recommends approval of the site plan application subject to the rooftop plan view and building elevations and the following conditions: 1 . The cable tray leading from the roof of the building to the roof of the penthouse shall be painted to match the exterior of the building. 2. Any antennas and associated equipment approved by the proposed site plan shall be removed within 60 days of discontinuance of operation. Mayor Phelps opened the public hearing. A motion by Mayor Pro Tern Moses, seconded Councilwoman Davis, all voting "aye," closed the public hearing. Councilman Walden asked if the service would better cover Farmers Branch. Peter Cavanaugh, 1620 Handly Drive, representing Sprint CPS, stated there would be antennas located on the north side of the hospital, which would improve the service in Farmers Branch. He stated it will not solve all the problems but will solve some. Mayor Phelps asked Mr. Cavanaugh if he was aware of the conditions. Mr. Cavanaugh replied he was aware of the conditions and agreed with them. There being no further discussion, a motion by Councilwoman Davis, seconded by Councilman Walden, all voting "aye", adopted Resolution No. 2000-133 approving the site plan as recommended by the Planning and Zoning Commission. C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF SCOTT E. PARKER, ON BEHALF OF J.B.'S CORVETTES, FOR APPROVAL OF SPECIFIC USE PERMIT AND ASSOCIATED SITE PLAN FOR AN AUTOMOBILE RESTORATION FACILITY, LOCATED AT 13211 BEE STREET, AND WITHIN THE PLANNED DEVELOPMENT NO. 70, OLD FARMERS Volume 84, page 72 BRANCH GENERAL BUSINESS ZONING SUBDISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant proposes an automobile restoration facility in an existing 8,250 square foot building. The restoration work will include body repair, paint, interior accessory installation, and cleaning and detailing of Corvettes. There will be no engine repair performed. All automobile repair operations and overnight storage of vehicles will be inside the building. There will be no outdoor storage of salvaged materials, junk vehicles or vehicle parts. Paint and chemical fumes will be contained and small amounts of paint and chemicals used will be stored inside the paint booth within the building, in accordance with the environmental, building and fire codes. Two special exceptions were granted by the Planning and Zoning Commission to allow 16 instead of the required 20 parking spaces and to allow 4 percent instead of the required 5 percent landscaping area. The exceptions were granted because there are eight additional parking stalls within the building and although the landscape area is limited to 4 percent, the applicant is proposing to plant the required trees and shrubbery along Bee Street. The Planning and Zoning Commission, by unanimous vote, recommends approval of the Specific Use Permit and the associated site plan, with special exceptions to landscaping area and parking space requirements, with the following condition: The proposed facility shall operate in strict compliance with the plan of operation file-dated July 25, 2000. Mayor Phelps opened the public hearing. Mr. John Oechsner, 3509 Brookline Lane, stated he is in favor of this request because he believes no capital expenditures would interfere with the redevelopment of the area. A motion by Councilman Bird, seconded by Councilman Walden, all voting "aye," closed the public hearing. Councilman Bird asked if there would be any motor repairs at this location. Volume 84, page 73 Scott Parker, 10 12 Elm Street, on behalf of John Bodnar, stated there will be no motor repairs at this location. Councilman Bird asked Mr. Parker if he was aware of the one condition recommended by the Planning and Zoning Commission. Mr. Parker replied yes he was aware of the condition and agreed with it. There being no further discussion, a motion by Councilman Bird, seconded by Councilman Walden, all voting "aye," adopted the following captioned Ordinance No. 2558 approving the request for Specific Use Permit and associated site plan, with the recommended condition of 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 AN AUTOMOBILE RESTORATION FACILITY, WITH SPECIAL EXCEPTIONS TO LANDSCAPING AREA AND PARKING SPACE REQUIREMENTS, LOCATED AT 13211 BEE STREET AND WITHIN THE PLANNED DEVELOPMENT NUMBER 70, GENERAL BUSINESS (PD-70, OFB-GB) 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. Mayor Phelps stated Executive Session item would be heard at this time. E.1 a DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS PURCHASE, SALE, LEASE, OR EXCHANGE OF PROPERTY OWNED BY THE CITY OF FARMERS BRANCH AND PROPERTY OWNED BY THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT FOR SCHOOL SITE LOCATIONS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated there were board members present who may be involved in purchase, sale, lease, or exchange of property. Mr. Escalante stated because of the significance of this issue that the City Council wanted this matter to be discussed in open session. Mr. Escalante briefly reviewed the proposal submitted by the School Board Volume 84, page 74 concerning the trading of Farmers Branch park land for land at other locations. John Burke, Assistant City Manager, presented a review of events beginning with the School District's bond issue and their intention to build a K-5 elementary school in Farmers Branch. Anne Coe, Athletic Coordinator, made a presentation showing the current layout and multi-uses of the Farmers Branch Park practice facility. She also presented charts that compared the proposed layout of Farmers Branch Park as presented by the School Board. She reviewed the decreased level of services that could be provided at this facility if the School Board's proposal were approved. Mr. Burke reviewed the additional cost to demolish the existing buildings on a three-acre tract of land west of Farmers Branch Park on Josey Lane and on Valley View Lane at Dennis Lane, the cost to redo the drainage in the area, and to take out and reinstall the affected lighting and irrigation at the park. The cost is estimated to be approximately $1.4 million. Mr. Escalante stated the City has requested a final copy of the traffic study around the site that the School District had prepared. Mr. Escalante presented alternate school sites. He discussed the application of eminent domain as it pertains to needs of a community through its local government or an independent school district. Mayor Phelps stated he and Mr. Escalante attended the School Board meeting last week and were presented with a Resolution and have asked for a response by September 15, 2000. The Mayor stated Council met with staff and representatives of the Parks and Recreation Board and various sports organizations on August 17, 2000, and with the School Community Relations Committee on August 22, 2000. The Mayor stated that it is the School Board's responsibility to build this school not the City of Farmers Branch. The Mayor stated that he feels the Council would provide the School Board with their decision before September 15, 2000. Margaret Young, 3412 Highland Meadow, speaking on behalf of the Parks and Recreation Board, stated that the board is charged with the development and maintenance of the parks system in the City of Farmers Branch. A responsibility they take great pride in. After studying the School Board's proposal for Farmers Branch Park, the Parks and Recreation Board does not feel this is a desirable use of this site. Volume 84, page 75 Ms. Young stated this park is used by thousands of residents and nonresidents throughout the year. A great deal of time and money has been spent to turn the park into a first class athletic facility. Farmers Branch has very little open space left for park development. She stated the School Board's design does not offer a realistic use of space. She stated the School's configuration takes away the multi use aspect of the park. As an example, the reconfiguration would result in fields that could only be used by small children eliminating fields for adults and older youth. She also reviewed a safety concern of fields close to Josey Lane and other fields that may be in use. Additionally, the increase in traffic the school would generate would impact the traffic situation at Mary Immaculate School. She stated that the design would drastically reduce the fields for tournaments. In regard to the financial impact, she stated that the City cannot ignore the amount of money already spent to develop this park. She stated it would be unfair to the citizens to spend additional funds to develop other parks. Ms. Young stated that it would be unfair to take this park away from the residents in the area. Therefore, the Parks and Recreation Board strongly advises the Council to not relinquish this valuable park land. Farmers Branch is the "City in the Park." The Board values that, and they ask the Council to please not give it up. Councilman Walden asked Mr. Fuller about the irrigation system at Farmers Branch Park. Mr. Fuller stated at the present time the 14-acre tract is irrigated and has lighting and an extensive drainage system underneath that ties into the alleyway on the north side of the park. He stated the lighting would have to be moved and redirected and all irrigation would have to be removed and reinstalled, as well as the drainage. He stated it would be an extensive amount of work. Mayor Phelps stated it would cost an estimated $1.5 million. Mayor Phelps stated Citizen Participation would be moved up so citizens could speak on the school issue or any other matter. D.6 CITIZEN PARTICIPATION. Margaret Young, 3412 Highland Meadow, stated she is a retired schoolteacher and has four children. She stated she recognizes the need and value of the education aspect of the children of Farmers Branch. She stated she feels a new facility is long overdue and needed in Farmers Branch. She commends the City, the Council, and the School Volume 84, page 76 Board for pursuing this need and is confident that the best site will be selected and the children will receive the quality of education they deserve. However, she does not think the Farmers Branch Park is that site and encourages the Council to seek another location for that facility. Also she feels that Farmers Branch needs to remain "the City in the Park". Katie Roberts, 13240 Kerr Trail, representing the Senior Advisory Board, stated they reviewed a portion of the video on June 5, 2000, where the Carrollton-Farmers Branch Independent School District, requested location of the park adjacent to the Senior Center. She stated the Advisory Board reviewed the proposed school sites in Farmers Branch in negotiations with the School District. Following a discussion at a previous meeting, the Senior Advisory Board voted unanimously to recommend to the City Council to reject the proposal as presented in the video. Ms. Roberts stated she received a letter from one of the residents of Farmers Branch who has lived in that particular area for many years. She stated in the letter he recalled there was a man that asked the City Council for permission to put in a rent-subsidized apartment complex in the undeveloped land on Dennis Lane behind the Post Office. She stated many residents attended the City Council meeting and opposed the development. The City Council denied the request and at the same meeting it was requested by the residents that the City purchase the land and develop it as a park with a walking and jogging track for all to use. She stated it was acted on and the park was developed as requested. She stated he feels this developed land is important to the residents, as are all City facilities. This land serves a purpose to the community of Farmers Branch, and in the letter the writer hopes the Council will continue to honor the wishes made by the residents many years ago to leave the park as it is. It has served the residents well and will continue to do so if left intact. Rod Duncan, 2857 Selma, representing Farmers Branch Youth Football and Cheerleading spoke concerning the possible loss of the practice fields at Farmers Branch Park, which is a multi-use field. He stated he has been on the field along with hundreds of children practicing football without being in the way of the softball and soccer teams practicing. He stated under the School District's proposal, if his team was out on the field, no one else could practice without endangering the children. Mr. Duncan stated the field as it stands supports tournaments, and this is important to be able to have a tournament and then return the field to its general use. He emphasized the park is a community-used park, Volume 84, page 77 residents can use it at anytime and the children of this community need the park. He stated the School District is not very supportive of making practice space available on their property. It is very difficult to schedule the fields in advance. Mr. Duncan stated he feels a school site at the Farmers Branch Park with shared use from the School District would not be made available to the children of the community. He stated the parks is not vacant and it is inhabited daily and he strongly suggests that the City not allow this park to be removed from the parks system in Farmers Branch. Linda Ott, 2656 Wicker, read a letter from Phil Hunker, 3010 Longmeade, who became ill before the meeting. In his letter he stated that he spent 40 years in baseball. The field layout will not work; it is too small; 60 degrees will not cut it, unsafe, too crowded and too close. He asked that his notes be read at the Council meeting. He represents baseball and is against the proposed school site. Ms. Ott stated she is very unhappy about this proposed school site. She knows the schools are overcrowded and 50% of the children to attend the proposed school would be from Carrollton. She stated she is concerned about the City's After School Program because she knows the Carrollton students would participate in the program, putting an added strain on the City's program. Ms. Ott stated the School District's bond program was voted on, and she asked if it stated that Farmers Branch had to give up a park. She stated she would like an answer from the Carrollton-Farmers Branch School Board. She stated she would like to appeal to the citizens of Farmers Branch to call the School Board and let them know how they feel. Ms. Ott stated she cannot justify taking the city park from the tax-paying citizens of Farmers Branch and expects the Council not to take this park away from the citizens. She stated after viewing the plans on the proposed school site, she feels it is not feasible to fit all the leagues on the field. Ms. Ott stated again that she wants the Council to represent her concerns as a taxpayer. Donna Albritton, 13629 Charcoal, stated she walks around the field at the park daily and enjoys watching the different sports taking place. She stated she would like for the park to stay the same. Volume 84, page 78 C.3 PUBLIC HEARING: TO CONSIDER RESCINDING ORDINANCE NO. 2515 AND ADOPTING ORDINANCE NO. 2559 RELATIVE TO FARMERS BRANCH YOUTH PROGRAMS' STANDARDS OF CARE IN COMPLIANCE WITH 1995 SENATE BILL 212 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. During the 1995 legislative session, State Legislators enacted Senate Bill 212, exempting certain youth recreation programs from childcare licensing requirements. Senate Bill 212 exempts youth recreation programs operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing. There are no changes in the proposed ordinance from the existing ordinance. The Parks and Recreation Director recommends rescinding Ordinance No. 2515 and adopting Ordinance No. 2559 relative to Farmers Branch youth programs' Standards of Care in compliance with 1995 Senate Bill 212. Mayor Phelps opened the public hearing. A motion by Mayor Pro Tern Moses, seconded by Councilman Robbs, all voting "aye," closed the public hearing. There being no discussion, a motion by Councilman Robbs, seconded by Councilman Walden, all voting "aye," rescinded Ordinance No. 2515 and adopted the following captioned Ordinance No. 2559. AN ORDINANCE RESCINDING ORDINANCE NO. 2515 AND ADOPTING ORDINANCE NO. 2554 COVERING STANDARDS OF CARE FOR THE CITY OF FARMERS BRANCH YOUTH PROGRAMS. D.1 CONSIDER ADOPTING RESOLUTION NO. 2000-134 SUPPORTING THE PASSAGE OF ENABLING LEGISLATION FOR PHOTOGRAPHIC RED LIGHT ENFORCEMENT IN THE 77TH TEXAS LEGISLATURE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The disregard of traffic signals causes 260,000 accidents annually in the United States, according to the National Highway Traffic Safety Administration. This disregard of red lights accounts for twenty-two percent of all motor vehicle crashes, making it the largest single cause. According to the most recent Texas Department of Public Safety statistics in Texas in 1998, disregarding a red light or stop sign accounted for 28,019 accidents of which 191 resulted in fatalities. Volume 84, page 79 A traffic survey conducted in Dallas County in 1999 found that one red light violation occurred every two minutes during peak traffic periods and a violation occurred on a daily average every five minutes. Photographic traffic signal enforcement techniques have been used worldwide for over forty years. Currently in the United States ten states have laws that permit photographic enforcement and the statistics from these states show that the number of red light accidents and fatalities have been significantly reduced since these laws were enacted. Staff recommends adopting Resolution No. 2000-134 supporting the passage of enabling legislation for photographic traffic signal enforcement in the 77th Texas Legislature. Mayor Phelps asked the Police Chief to comment on this issue. Jimmy Fawcett, Chief of Police, stated this item is a high legislative priority for the Texas Police Chiefs Association. It is an issue that has drawn national attention and has received much support. With resolutions from municipalities around the state there is a better chance of getting this passed by the legislature. Councilman Walden asked about the red light enforcement. Chief Fawcett stated in the last five years the North Texas Police Chiefs Association has worked with 27 municipalities in North Texas in a program to strictly enforce red lights for a 30-day period. In the 30-day period in June 2000, Farmers Branch issued 400 citations for red-light violations. Chief Fawcett stated enforcement can be done but is very costly to the City. He stated the use of photographic equipment is more cost effective. Mayor Phelps asked if any cities in the area were using the equipment. Chief Fawcett replied not in Texas or surrounding states. New York was one of the first states to allow photographic equipment. He stated it was also very effective. Councilman Walden asked how this process worked. Chief Fawcett stated the enabling legislature sets up a new way of enforcing the running of red lights. He stated at certain intersections of the City, photographic equipment is set up and when someone runs the red light a photograph of the license plate is taken. The owner of the Volume 84, page 80 vehicle is notified about the running of the red light. Chief Fawcett stated it is like parking tickets, you file on the car not the operator, then there are fines levied against the vehicle. Councilman Walden stated then is there an opportunity to state that you were not driving the vehicle. Chief Fawcett replied the legislation taken before the Legislature would allow the owner of the vehicle to inform the court who was driving their vehicle that day. Chief Fawcett did state the ultimate responsibility lies with the owner. There being no further discussion, a motion by Councilman Bird, seconded by Councilwoman Davis, all voting "aye," adopted Resolution No. 2000-134 supporting the passage of enabling legislation for photographic traffic signal enforcement in the 77th Texas Legislature. D.2 CONSIDER ADOPTING RESOLUTION NO. 2000-088 AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ADMINISTER THE 1999/ 2000 FEDERAL BUREAU OF JUSTICE ASSISTANCE BLOCK GRANT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Federal Bureau of Justice makes funds available to local law enforcement agencies in the form of a noncompetitive block grant. The amount of the grant is based on a formula that takes into account current and past crime rates, population and other factors. The City of Farmers Branch is eligible for $20,940.00 in funds through this program. These funds may be used to purchase law enforcement equipment and pay overtime for specific projects related to local law enforcement. The City is required to match the grant with the amount of $2,327.00. The Chief of Police has proposed taking the required amount of $2,327.00 from the seized funds account for this match. The Police Department proposes to use these funds to purchase a bicycle and all associated equipment necessary to fully outfit an additional bicycle officer. The Department has applied for and been given funding for an additional officer through the "COPS" program. The balance of money will be used to upgrade or replace existing equipment and to pay overtime for special assignments for the bicycle unit. Before the funds are released to the local agency, a resolution must be passed by the City Council authorizing the City Manager to apply for and administer the grant. Additionally, provisions of the grant require the Volume 84, page 81 public be made aware of and have input in the proposed use of the grant in a City Council meeting. Staff recommends adopting Resolution No. 2000-088 authorizing the City Manager to apply for the Federal Bureau of Justice Assistance Block Grant. There being no discussion a motion by Councilman Walden, seconded by Councilwoman Davis, all voting "aye," adopted Resolution No. 2000-088 authorizing the City Manager to apply for the Federal Bureau of Justice Assistance Block Grant. D.3 CONSIDER ADOPTING ORDINANCE NO. 2498 ESTABLISHING A MUNICIPAL COURT OF RECORD; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Ordinance No. 2498 provides that the governing body of the City of Farmers Branch will establish their municipal court as a municipal court of record. The benefits of a municipal court of record are found in the additional authorities granted to the court and municipal court judge as well as expediting the process by which criminal, traffic, and especially code violations, are adjudicated. As allowed by state law, the judge of a municipal court of record has the authority to sign evidentiary search warrants, and may issue writs and attachments as well as endorse warrants issued by the mayor to allow the warrants to be executed throughout the state. In a Municipal Court of Record, a motion for a new trial must set forth the points of error within the trial proceedings. Therefore, establishing the Municipal Court as a court of record will allow the City to provide a more efficient disposition of appeal cases. Staff recommends establishing the Municipal Court as a Municipal Court of Record. Mayor Phelps stated currrently a traffic ticket could be appealed to the County Court and if they are fined, the dollars go to County Court not the City. The City does all the work and receives no monies. Mayor Phelps stated the City is looking forward to the establishment of a Municipal Court of Records. Volume 84, page 82 Mr. Escalante stated the Chief of Police has placed some very positive issues on this agenda. He stated this particular issue would allow for a fair administration of justice in matters involving the Police Department. He stated the City is repeatedly asked to enforce the building codes and property maintenance codes, and usually citations are issued. The judge finds the property owner guilty, based on evidence, and the property owner often appeals. Mr. Escalante stated establishing a Court of Record will provide for appeal procedures based on matters of law, which will allow for improved and more effective administration of justice and bring an appropriate resolution for the City. Mayor Phelps stated the only way an appeal could be held out of this court is if there was an error by the judge or prosecutor. John Boyle, City Attorney, stated an appeal under the current law is an appeal of de novo where the appellant gets a second bite of the apple. In a Court of Record unless there is an error in the application of the law, there is no appeal. In a Court of Record, the number of appeals is very small. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Bird, all voting "aye," adopted the following captioned Ordinance No. 2498 establishing a Municipal Court of Record. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, ESTABLISHING MUNICIPAL COURT OF RECORD NO. 1, PROVIDING A REPEALING CLAUSE, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. D.4 CONSIDER ADOPTING RESOLUTION NO. 2000-126 AWARDING BIDS AND AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR EMPLOYEE BENEFITS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City offers an employee benefit plan with various benefit options. The plan provides core benefits including: Major Medical, Life and Accidental Death & Dismemberment, Long-Term Disability, and optional additional benefit coverages. City employees are responsible for paying a portion of the dependent medical coverage. Contracts for the employee benefit package expire on September 30, 2000. Volume 84, page 83 Eighteen bids were received and opened on July 12, 2000. The bids were evaluated by the Human Resources Department with the assistance of Wethe & Associates, an independent benefits consultant. Staff recommends LifeRe for dental insurance and Flexible Spending Account Administration; Group Life & Health Division of Fort Dearborn Life Insurance Company for Long-Term Disability and Basic and Voluntary Accidental Death and Dismemberment; and Vision Service Plan for vision coverage. All recommended contracts meet or exceed current benefit levels. The budget amount in the proposed 2000-2001 budget is $2,165,000. The Human Resources Director recommends adopting Resolution No. 2000-126 authorizing the City Manager to enter into contracts for employee benefits. There being no further discussion, a motion by Councilman Walden, seconded by Councilwoman Davis, all voting "aye," adopted Resolution No. 2000-126 authorizing the City Manager to enter into contracts for employee benefits. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no travel reports or requests. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 3:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 3:31 P.M. AND CONCLUDED AT 4:22 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 LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS PURCHASE, SALE, LEASE, OR EXCHANGE OF PROPERTY OWNED BY THE CITY OF FARMERS BRANCH AND PROPERTY OWNED BY THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT FOR SCHOOL SITE LOCATIONS AND TAKE APPROPRIATE ACTION. Mayor Phelps explained Staff discussed this item with the City Council. Volume 84, page 84 E.1 b DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. DISCUSS LITIGATION RELATIVE TO R.C. SMALL AND AN AGREEMENT WITH R.C. SMALL AND ASSOCIATES, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps explained Staff discussed this item with the City Council. E.2 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the City Council was updated on the Carrollton- Farmers Branch Independent School District school site location. No action was necessary. Mayor Phelps stated the City Council was updated on litigation relative to R. C. Small and Associates. No action was necessary. F.1 ADJOURNMENT. A motion by Councilman Bird, a second by Councilman Robbs, all voting "aye", adjourned the City Council meeting of August 21, 2000 at 9:22 P.M. 24 Mayor City Secretary Volume 84, page 85