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1998-09-08 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING SEPTEMBER 8, 1998 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tern Charlie Bird Councilmembers Calla Davis Bill Moses Berry Grubbs Jim Robbs The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Groomer Assistant City Manager John F. Burke City Attorney Matthew Boyle City Secretary Cindee Peters Communication Director Donna Huerta Economic Development Director Norma Nichols Director of Community Services Tom Scales Director of Planning Michael Spicer Director of Equipment Services Don Moore City Engineer Jerry Murawski Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Library Director Mary Jane Stevenson Police Chief Jimmy Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux Assistant City Manager John Roach Traffic Engineer Dave Davis Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council Meeting of September 8, 1998 to order at 7:30 P.M. The meeting was televised. A.1 INVOCATION. Councilman Moses gave the invocation and Mayor Pro Tern Bird led the pledge of allegiance to the flag. A.2 PRESENTATION OF SERVICE AWARD. Volume 78, page 80 Mayor Phelps presented a twenty-year service award pin to Officer David Warnock of the Police Department. A.3 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.4 REPORT ON STUDY SESSION ITEMS. Mayor Phelps gave a brief summary of the items discussed in Study Session held prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.10. 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 Bird, seconded by Councilman Moses, all voting "aye," added item D.14 to the Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF AUGUST 17, 1998. B.2 AUTHORIZED THE CONTINUATION OF THE HEALTH SERVICES AGREEMENT BETWEEN DALLAS COUNTY AND THE CITY OF FARMERS BRANCH. B.3 ADOPTED RESOLUTION NO. 98-099 MAINTAINING THE CITY'S INVESTMENT POLICY. B.4 ADOPTED RESOLUTION NO. 98-100 APPROVING THE 1998-99 OPERATING AND CAPITAL PROJECT FUND BUDGET OF THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION. B.5 ADOPTED RESOLUTION NO. 98-101 DESIGNATING AN INDEPENDENT AUDITOR FOR THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A LETTER AGREEMENT FOR AUDIT SERVICES. B.6 ADOPTED RESOLUTION NO. 98-108 AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TOWN OF ADDISON TO UTILIZE THE FARMERS BRANCH POLICE DEPARTMENT 800 MHZ MOBILE DATA CHANNEL. Volume 78, page 81 B.7 APPROVED THE REQUEST OF WILCOX INTEREST, INC FOR FINAL PLAT APPROVAL OF INTERNATIONAL PLACE I LOCATED AT THE SOUTHWEST CORNER OF INTERNATIONAL PARKWAY AND NORTH DALLAS TOLLWAY AND WITHIN PLANNED DEVELOPMENT DISTRICT NO. 53. B.8 ADOPTED RESOLUTION NO. 98-111 AWARDING THE BID FOR TRAFFIC SIGNAL REPAIRS AT IH635 AND LUNA ROAD TO NORTH TEXAS SIGNAL SYSTEMS. B.9 ADOPTED RESOLUTION NO. 98-1 15 ACCEPTING A PROPOSAL FROM T.U.ELECTRIC TO RELOCATE EXISTING UTILITIES IN THE EASEMENTS BETWEEN DIXIANNA STREET AND MARIETTA DRIVE AND DIXIANNA STREET AND EPPS FIELD ROAD. B.10 ADOPTED RESOLUTION NO. 98-1 16 AUTHORIZING THE EXECUTION OF A CHANGE ORDER WITH CARTER AND BURGESS, INC. FOR DESIGN SERVICES FOR IMPROVEMENTS TO MIDWAY ROAD FROM IH 635 TO SPRING VALLEY ROAD. D.14 ADOPTED RESOLUTION NO. 98-117 URGING THE 76TH TEXAS LEGISLATURE TO INCREASE TRANSPORTATION FUNDING. Mayor Phelps read the Consent Agenda items to the home audience and home viewers. Mr. Marty Giehrl, 3404 Bevann Drive, requested information on agenda item B.3. Mr. Charles Cox, Director of Finance, stated the State of Texas requires the City Council review the strategy and policy of the City's Investment Policy and verify that this policy and strategy are still sound each year. Mr. Cox stated there is no recommended change in the Investment Policy and it is doing quite well for the City especially regarding the safety and liquidity of the City's assets. Mr. Escalante stated Farmers Branch was one of the first cities to draft an Investment Policy, which conformed to the Public Funds Investment Act. After the statute changed, the city revised their Investment Policy and drafted a policy in conformance with the State statute. Mr. Escalante stated the city's policy has been used as a model for many other cities in seminars. He stated it is a policy that provides adequate protection and return, and does it all in conformance with State law. He also stated the City is proud of the Investment Policy. A motion by Mayor Pro Tern Bird, seconded by Councilman Moses, all voting "aye," adopted the items on the Consent Agenda. Volume 78, page 82 Mayor Phelps, the City Council, and the City Manager all bid their farewells to Donna Huerta, Communications Director. The Mayor and Council presented Donna with flowers and a gift. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status of various projects and activities in the City. Mayor Phelps presented a certificate to the City from Carrollton/Farmers Branch Independent School District for the city's time and effort it has expended in making the School/Business Partnership in Education Program a success. Mayor Phelps presented the certificate to the City Manager. C.2 PUBLIC HEARING: CONSIDER AMENDMENT OF THE PLANNED DEVELOPMENT NO. 72 (PD-72) ZONING DISTRICT RELATIVE TO REDEFINING, RESTRICTING OR DELETING CERTAIN USES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Consideration of this item was continued from the City Council's August 3, 1998 meeting. The Planned Development No. 72 zoning district is generally bounded by Valley View Lane to the north, the Burlington Northern railroad to the east, and LBJ Freeway to the south. The PD-72 district includes approximately 126 acres, of which approximately 95 percent is presently undeveloped. PD-72 currently allows a broad range of institutional, retail, office, commercial, transportation-related uses, and general manufacturing and industrial uses. Some of these transportation-related uses, commercial uses, and manufacturing and industrial uses are either not compatible with existing development or not consistent with the long-term objectives of the City's Comprehensive Plan. The intent of the proposed zoning amendment is to eliminate all industrial, warehouse, and potentially unsightly uses and encourage further development of a predominantly office environment supplemented with retail and consumer services. The Planning and Zoning Commission, by unanimous vote, recommends the PD-72 zoning district be amended to: Prohibit hauling and storage companies, motor freight terminals, truck parking lots, clothing manufacture, job printing, commercial laundry plants, distribution and warehousing, storage and sales warehouses, and all general manufacturing and industrial uses, and delete any specifically associated development standards; Require a Specific Use Permit for: wholesale office and sample room and office/showroom development; and Volume 78, page 83 Allow all other currently permitted educational, institutional, accessory, entertainment, retail, service, and secondary uses to continue to be permitted without additional restriction. Mayor Phelps opened the public hearing. Mr. Dan Mahoney, Vice President of Basic Capital Management, 10670 North Central Expressway, Dallas, stated Basic Capital is an owner of a large portion of the area being considered for rezoning. He stated he would like to voice his support for the changes recommended by the Planning and Zoning Commission. Mr. Mahoney stated this item is adjoining a couple of other public hearings on the agenda this evening and Basic Capital is also in support of these zoning changes. A motion by Mayor Pro Tern Bird, seconded by Councilwoman Davis, all voting "aye," closed the public hearing. Councilwoman Davis asked if any residential would be approved in this PD. Mr. Michael Spicer, Planning Director, stated there are no proposals for any residential in any of the zoning proposals brought to Council this evening. There being no further discussion, a motion by Councilwoman Davis, seconded by Mayor Pro Tern Bird, all voting "aye," adopted the following captioned Ordinance No. 2422 amending the PD-72 zoning district 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, AS HERETOFORE AMENDED; BY AMENDING THE PLANNED DEVELOPMENT ZONING DISTRICT NUMBER 72 (PD-72) WHICH INCLUDES APPROXIMATELY 148 ACRES, COMPRISED OF TWO TRACTS OF LAND, GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF LUNA ROAD AND VALLEY VIEW LANE, APPROXIMATELY 1,145 FEET EAST OF LUNA ROAD, AMENDING THE USE AND DEVELOPMENT STANDARDS; REPEALING ORDINANCE NO. 2306; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER AMENDMENT OF THE PLANNED DEVELOPMENT NO. 50 (PD-50) ZONING DISTRICT RELATIVE TO REDEFINING, RESTRICTING OR DELETING CERTAIN USES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Consideration of this item was continued from the City Council's August 3, 1998 meeting. The Planned Development No. 50 zoning district is generally bounded by Luna Road to the west; Valley View Lane to the north; the Burlington Northern railroad right-of-way Volume 78, page 84 to the east; and the LBJ Freeway to the south. PD-50 includes approximately 200 acres, all of it undeveloped except for flood control related uses. PD-50 currently allows a broad range of institutional, retail, office, commercial, and general manufacturing and industrial uses. Some of the commercial uses and the general manufacturing and industrial uses are either not compatible with existing development on neighboring properties or are not consistent with the long-term objectives of the City's Comprehensive Plan. The intent of the proposed zoning amendment is to eliminate all industrial, warehouse, and potentially unsightly uses and encourage development of a predominantly office environment supplemented with retail and consumer services. The Planning and Zoning Commission, by unanimous vote, recommends the PD-50 zoning district be amended to: Prohibit truck parking lots, distribution and warehousing, storage and sales warehouses, outdoor storage, clothing manufacture, job printing, commercial laundry plants, and all general manufacturing and industrial uses and delete any specifically associated development standards; Require a Specific Use Permit for: wholesale office and sample room and office/showroom development; and Allow all other currently permitted institutional, accessory, entertainment, retail, service, office and commercial uses to continue to be permitted without additional restriction. Mayor Phelps opened the public hearing. Mayor Phelps stated Mr. Mahoney representing Basic Capital is in support of the zoning changes recommended by the Planning and Zoning Commission. Mr. Escalante stated a representative of Travelers Insurance Company, a major land owner in this district, has requested the public hearing be continued until the October 19, 1998, City Council meeting. Mr. Escalante stated Travelers Insurance would also waive their right to make application for a development on the site. It would be precluded under the proposed ordinance and the City would not be put at an advantage or have a potential development that is contrary to the ordinance that has been drafted. He stated the ordinance will be developed for the October 19, 1998 City Council meeting. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," continued the public hearing until the October 19, 1998 City Council meeting. Volume 78, page 85 C.4 PUBLIC HEARING: CONSIDER AMENDMENT OF THE PLANNED DEVELOPMENT NO. 22 (PD-22) ZONING DISTRICT RELATIVE TO REDEFINING, RESTRICTING OR DELETING CERTAIN USES IN THE AREA GENERALLY EAST OF LUNA ROAD AND SOUTH OF THE COOKS BRANCH CREEK LEVEE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Consideration of this item was continued from the City Council's August 3, 1998 meeting. Only that part of the Planned Development No. 22 (PD-22) zoning district generally bounded by the Cooks Branch Creek levee to the north; Luna Road to the west; and the Burlington Northern railroad right-of-way to the east is being considered for amendment. This area includes approximately 300 acres of land, about 70 percent of which is already developed. PD-22 allows a broad range of uses including various types of retail, office, commercial, auto-related, manufacturing and industrial uses. Many of these uses are either not compatible with existing development or are inconsistent with the long-term land use objectives of the City's Comprehensive Plan. The intent of the proposed zoning amendment is to eliminate the most incompatible uses, place greater control over uses that have the greatest potential for unsightliness, and yet still allow commercial and industrial operations in a slightly more protective regulatory environment. The Planning and Zoning Commission, by unanimous vote, recommends the PD-22 zoning district, relative to the area generally located east of Luna Road and south of the Cooks Branch Creek levee, be amended to: Prohibit new and used motor vehicle sales, animal related uses, sexually oriented businesses, salvage yards, mineral extraction, and similar uses; Require a Specific Use Permit for churches, outdoor commercial amusements, motor vehicle related uses, and all outdoor storage activities; Otherwise allow current development standards to remain in effect; and Change the PD-22 zoning distinct designation of the area to a different, unique Planned Development Number. Mayor Phelps opened the public hearing. A motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," closed the public hearing. There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Councilman Robbs, all voting "aye," adopted the following captioned Ordinance No. 2424 amending the PD-22 zoning district, relative to the area generally located east of Luna Road and south of the Cooks Branch Creek levee, as recommended by the Planning and Zoning Commission. Volume 78, page 86 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED; BY CHANGING THE ZONING DISTRICT CLASSIFICATION OF APPROXIMATELY 300 ACRES OF PROPERTY GENERALLY BOUNDED BY LUNA ROAD TO THE WEST, THE COOKS BRANCH CREEK LEVEE TO THE NORTH, RAILROAD RIGHT-OF-WAY OWNED BY THE CITY OF DALLAS WATER UTILITIES TO THE EAST AND THE CENTREPLACE- FIRST INSTALLMENT AND CENTREPLACE SECOND INSTALLMENT ADDITIONS TO THE SOUTH, FROM PLANNED DEVELOPMENT NO. 22 (PD-22) TO PLANNED DEVELOPMENT NO. 77 (PD-77); ESTABLISHING USE AND DEVELOPMENT STANDARDS FOR PD-77; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. C.5 PUBLIC HEARING: CONSIDER AMENDMENT OF THE PLANNED DEVELOPMENT NO. 22 (PD-22) ZONING DISTRICT RELATIVE TO REDEFINING, RESTRICTING OR DELETING CERTAIN USES IN THE AREA GENERALLY WEST OF LUNA ROAD AND FRONTING THE LBJ FREEWAY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Consideration of this item was continued from the City Council's August 3, 1998 meeting. Only that part of the Planned Development No. 22 (PD-22) zoning district generally bounded by Luna Road to the east; the City Limits to the north and west; and LBJ Freeway to the south is being considered for amendment. This area includes approximately 330 acres of land, about 87 percent of which is presently undeveloped. PD-22 allows a broad range of uses including various types of retail, office, commercial, auto-related, manufacturing and industrial uses. Many of these uses are either not compatible with existing development or are inconsistent with the long-term land use objectives of the City's Comprehensive Plan. The intent of the proposed zoning amendment is to eliminate all industrial, warehouse, and potentially unsightly uses and allow for the development of a diverse mix of institutional, educational, office, retail trades, and business and consumer services. The Planning and Zoning Commission, by unanimous vote, recommends the PD-22 Zoning district, relative to the area generally located west of Luna Road and north of the LBJ Freeway, be amended to: Prohibit all manufacturing and industrial uses; warehousing and distribution centers; outdoor storage and sales, including new and used motor vehicle sales; sexually oriented businesses; and similar uses that are not compatible with the office, retail, service, entertainment and institutional uses otherwise allowed; Require a Specific Use Permit for churches; outdoor commercial amusements; and all motor vehicle related uses; Volume 78, page 87 Otherwise allow existing development standards to remain in effect; and Change the PD-22 zoning district designation of the area to a different, unique Planned Development Number. Mayor Phelps opened the public hearing. A motion by Councilman Moses, seconded by Councilwoman Davis, all voting "aye," closed the public hearing. There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Councilman Grubbs, all voting "aye," adopted the following captioned Ordinance No. 2423 amending the PD-22 zoning district relative to the generally bounded by Luna Road to the east; the City Limits to the north and west; and the LBJ Freeway to the south, 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, AS HERETOFORE AMENDED; BY CHANGING THE ZONING DISTRICT CLASSIFICATION OF APPROXIMATELY 330 ACRES OF PROPERTY GENERALLY BOUNDED BY INTERSTATE HIGHWAY 635 TO THE SOUTH, THE CITY LIMITS TO THE WEST AND NORTH, AND, REAILROAD RIGHT-OF-WAY OWNED BY THE CITY OF DALLAS WATER UTILITIES TO THE EAST, FROM PLANNED DEVELOPMENT NO. 22 (PD-22) TO PLANNED DEVELOPMENT NO. 78 (PD-78); ESTABLISHING USE AND DEVELOPMENT STANDARDS FOR PD- 78; PROVIDING A SAVINGS CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE. C.6 PUBLIC HEARING: 1998-99 OPERATING AND CAPITAL BUDGET Mayor Phelps presented the following information. A public hearing is being held to consider the 1998-99 operating and capital budget. The proposed budget was filed with the City Secretary on July 14, 1998 and copies of the proposed budget were made available for public inspection at the Farmers Branch Manske Library. An open work session of the City Council was held on August 17, 1998 to discuss the budget. The following procedure is recommended: 1. Mayor will open hearing. 2. Comments will be heard from citizens. 3. Hearing will be closed. 4. City Council discussion. Mayor Phelps opened the public hearing. Volume 78, page 88 Mr. Marty Giehrl, 3404 Bevann, stated he did not understand why there are two separate agenda items, C. 6 and C. 7. Mayor Phelps stated each item requires a public hearing. Mr. Charles Cox, Director of Finance, stated item C.6 is required by the City's Charter and C.7 is required separately by State law. Mr. Giehrl asked if he could speak on both items. Mayor Phelps replied yes. Mr. Giehrl stated he is requesting the Council to reduce the city's tax rate back to 40 cents per $100 valuation. He is also requesting the Council to stop collecting more tax dollars from homeowners and other property owners that is needed to effectively operate the City of Farmers Branch. Mr. Giehrl further requested the Council challenge the city manager to recast the proposed 1998-99 city budget at a 40 cent property tax rate. Mrs. Mildred Rogers, 14440 Shoredale, stated she would like for the Council to explain why for two years, the City collected extra tax dollars and gave it to wealthy corporate owners. She then asked why the Council discussed raising taxes. Mayor Phelps stated this was a public hearing and the Council would respond when the public hearing was closed. Mrs. Rogers stated she feels the citizens should have voted on the rebate, not the Council. Mr. Stan Hampton, 1502 Blue Mesa, Carrollton, Chairman of the Board of the Boys and Girls Club of Carrollton/Farmers Branch. Mr. Hampton stated he would like to let the Council know what their appropriation has done for the teens of both communities. He stated the club has been active for over a year and serves over 350 members. Mr. Hampton explained the different programs the Boys and Girls Club will be involved with. He stated he wanted to thank the City's liaison Councilman Robbs that was an asset to the board. He also thanked Texx Stewart of the Parks and Recreation Department for his support. Mr. Hampton stated he is asking the Council for a commitment of a few dollars for the teenage future. A motion by Councilman Grubbs, seconded by Mayor Pro Tern Bird, all voting "aye," closed the public hearing. Councilman Grubbs stated when the tax rate for the City of Farmers Branch is looked at there are a few items that need to be brought forth. He stated 82 percent of the city's taxes are paid by the commercial sector and residential pays 18 percent of the Volume 78, page 89 city's taxes. Councilman Grubbs stated over the last 10 years there has been a 6 percent increase of residential taxes in which there has been a 35 percent increase in inflation of residential property. Councilman Grubbs stated the city operates on a pay-as-you-go basis and does not issue construction bonds for capital projects. The City approves funds over a period of time. Councilman Grubbs stated the Criminal Justice Center now under construction, cost approximately $5.4 million. The funds for the project were saved or accrued over a number of budget periods. He also stated the project came in $1 million over budget. Councilman Grubbs stated this is reflective of what is happening with construction cost. He stated there is one project on the agenda this evening exceeding the budgeted amount by approximately 35 percent. Councilman Grubbs stated the city has funds accrued to take on these types of overages and if the budget were cut to the bone, the city would have to defer these projects. Councilman Grubbs stated the Senior Center is a pay-as-you-go project and there were no construction bonds issued. Therefore, the City does not pay interest over a long period of time. Councilman Grubbs gave some information on homes in Farmers Branch. He stated a home valued in 1993 at $103,000 paid $360 in taxes. The same home in 1997, the city taxes were $409 less the 2 cent dividend of $25 for an effective tax rate of $384. He stated in a five-year period for the $103,000 home, taxes increased by $25. Councilman Grubbs stated it is a small tax increase and if you factor in the rate of inflation, the tax rate has gone down on the home. Councilman Grubbs stated these are factors that need to be considered in looking at the current tax rate. He also stated Farmers Branch has the second to the lowest tax rate in the Metroplex, Highland Park having the lowest tax rate. Mayor Phelps stated he would like to comment on a few questions that were asked earlier. Why does the City collect more taxes then it needs? Mayor Phelps stated Councilman Grubbs addressed part of this question. He stated a lot of the income to the city is referred to as elastic income. These are things that can change overnight, such as the landfill. If the city loses a big customer the city could lose $ 500,000 over night on an account that is expected to come in for a full year. Mayor Phelps stated the city has no control on sales tax revenues. The Central Appraisal District appraises property taxes and the city approves the certified tax roll. The city has no control over it and things are already set which the city can look forward to. He stated everything else can change. The city is not taking in millions of dollars it is not planning to spend or that is not budgeted. Mayor Phelps reiterated the city cannot operate on a bare bones budget. Volume 78, page 90 Mayor Phelps answered the questions of Mrs. Rogers: Why is the City giving back 2 cents and raising taxes? Mayor Phelps stated the city is not raising taxes, it has been the same for years and if taxes are going up it could be a change in the school taxes. Mayor Phelps stated the city is being run as conservatively as it possibly can. There was an outburst by Mrs. Rogers while Mayor Phelps was conducting business. Mayor Phelps explained to Mrs. Rogers that she needed to keep quiet while he was conducting city business. He stated he was conducting business in accordance to law and to the City Charter. If she had a question she needed to come to the microphone to be recognized. Mayor Phelps referred to the questions of Mrs. Rogers: To determine if any Councilmember owning a business in Farmers Branch received a corporate tax rebate as well as a residential rebate. Mayor Phelps stated this item did not refer to the budget. Mr. Escalante stated a question came up relative to a corporate tax rebate. Mayor Phelps asked Mrs. Rogers to please be quiet. Mr. Escalante stated the city establishes a tax rate and by law the city cannot have a separate tax rate from the business community versus the residential community. He stated the tax rate that is set must be set for the city, citywide. There are senior homesteads and disability exemptions that are only available for residential proprieties. Mr. Escalante stated a 44 cent tax rate was established a number of years ago and it is ratified as the city goes through the budget process each year. He stated two years ago there was consideration of a dividend. He stated if the City Council determines the City had a good year and after the budget was audited, then the city could rebate the money back to the residents. He stated corporations received a large percentage of the rebate was because the corporations paid a larger percentage of taxes, the rebate was in direct proportion to taxes paid. If there had been a tax reduction instead of a rebate the distribution would have been allocated in the same way. He stated there is not a separate program for the corporate community versus residential community. Everyone receives the same tax rate; therefore, if a dividend is granted then everyone is returned the same dollars in the exact proportion to the dollars in which they paid their taxes. Mayor Phelps stated this item will be on the September 21, 1998 City Council meeting for Council's consideration. C.7 PUBLIC HEARING: MAINTAIN A 44 CENT PROPERTY TAX RATE. Mayor Phelps presented the following information. A public hearing is being held to consider maintaining a 44 cent ad valorem tax rate for the 1998-99 fiscal year. In complying with the State Property Tax Code, the City Council passed a motion during Volume 78, page 91 the August 17, 1998 City Council meeting to maintain a 44 cent ad valorem tax rate, set a public hearing date for September 8, 1998, and schedule adoption of the tax rate on September 21, 1998. The following procedure is recommended. 1. Mayor will open hearing. 2. Comments will be heard from citizens. 3. Hearing will be closed. 4. City Council discussion. Mayor Phelps opened the public hearing. Mr. Marty Giehrl, asked about the $1 million in overruns for the Justice Center. He also asked if the city did not have contracts with dollars specified and why is the city paying millions in overruns. Mr. Giehrl asked about the collection of good money and putting the good money to good use. Why was more money not given back to the residences since the city collected $2,240,000. Mr. Giehrl also stated the Council should make use of their bragging rights. The City of Farmers Branch will not be second any longer unless the tax rate is dropped back to 40 cents. He stated Addison just announced they are reducing their tax rate to 40 cents. Mr. Bill Elsberry, a resident of Farmers Branch for many years, stated he would like to know if homestead exemptions would remain the same or will Council address any changes. A motion by Mayor Pro Tern Bird, seconded Councilwoman Davis, all voting "aye," closed the public hearing. Mayor Phelps replied the homestead exemptions would stay the same. Mayor Phelps replied to Mr. Giehrel questions. He stated the city returned $710,000 in dividends, there are six or seven projects the funds will be used for and part of the funds went into reserves for overruns. Mayor Phelps stated he would like to discuss contracts. He stated recently the city has had projects, which require a large amount of concrete. With a shortage of concrete, the price increases. Mr. Giehrel stated he knows the prices of concrete have gone up but why is the contractor not absorbing the cost. Councilwoman Davis stated there is no contract, the city has a bid. Volume 78, page 92 Mayor Phelps stated the city does not have a contract until after the bids are open and some of the bids are coming up over. Councilman Grubbs gave an example in agenda item D.6 - Paving Improvements on Spring Valley Road at Toll Road. He stated the right-of-way cost more then expected and the low bid was over engineer's projection. He stated it is a difference of $100,000, 35 percent. Councilman Grubbs stated the city does not allow the contractors to increase prices after the city has a contract. This is the contracted price and the only price change to occur would be a change order. He referenced the Criminal Justice Center in which the lowest construction bid was about $1 million over the original budget. Today, the change order additions to the contract have been less then $33,000, so as a percent of the total project that is little change on the contract. Councilman Grubbs stated the city is faced with bids on construction projects and other areas of work for the city that are going up in cost at a significant rate. Councilwoman Davis stated the choice the city has is either not to do the project or to pay the going rate. She stated with the boom in the area there would be significant cost. Farmers Branch is a city that does not have extended debt or added debt. Councilwoman Davis stated the city pays-as-you-go and keeps money in reserve so the projects can be completed. A Mr. Escalante stated there are vendors in the audience and he would like to clarify the overrun issue. He stated the city does not pay for overrun. He stated we are in a period of low inflation with the exception of construction. The improved economy has put every construction contractor to work. Mr. Escalante stated once the price is submitted, for example the Justice Center, the price is fixed unless a change is made in the contract. The city does not pay for overruns but the city does have many projects that are concrete intense. This is the biggest increase the city has seen is concrete. Mr. Escalante outlined ways the City tries to save money on construction projects. Mayor Phelps stated this item will return to the September 21, 1998 City Council meeting. D.1 CONSIDER ADOPTING ORDINANCE NO. 2410 APPROVING THE 1998 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Ordinance No. 2410 approves the 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 $3,352,343,707 (Three Billion Three Hundred Fifty-Two Million Three Hundred Forty- Three Thousand Seven Hundred Seven). Volume 78, page 93 Staff recommends the adoption of Ordinance No. 2410 approving the tax roll certified by the Dallas Central Appraisal District. There being no discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye", adopted the following captioned Ordinance No. 2410 approving the tax roll certified by the Dallas Central Appraisal District. AN ORDINANCE TO APPROVE THE 1998 TAX ROLL CERTIFIED BY THE DALLAS CENTRAL APPRAISAL DISTRICT. D.2 CONSIDER ADOPTING RESOLUTION NO. 98-1 12 APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH PARSONS, BRINCKERHOFF, QUADE AND DOUGLAS, INC., RELATED TO TRAFFIC CALMING IN THE BRANCH CROSSING AREA AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On August 3, 1998, following action by the City Council to reopen Ford Road at Farmers Branch Lane, the City Council directed City Staff to retain a traffic calming consultant to assist City Staff with traffic issues in the Branch Crossing area. The Branch Crossing area is generally bounded by Valley View Lane to the north, Tom Field Road to the east, Farmers Branch Lane to the south and Rawhide Creek to the west. City Staff has received a proposal from Steve Ortmann of Parsons Brinckerhoff Quade and Douglas, Inc., to provide technical engineering assistance in traffic calming. As part of the proposal Parsons Brinckerhoff Quade and Douglas, Inc., will provide traffic calming alternatives for the Branch Crossing area. The proposal describes work to be accomplished in two phases. Phase I is to be completed in 30-60 days at a cost not to exceed $25,523 and will result in a presentation of alternatives for immediate action. Phase II is to be completed within 6-8 months at a cost not to exceed $27,392 and will result in preparation of long-term traffic calming plans. Funds are available in the Redevelopment Program, 1997-98 Capital Improvement Program Non- Bond Fund. The Traffic Engineer recommends that the City Council adopt Resolution No.98-1 12 authorizing a professional services agreement with Parsons Brinckerhoff Quade and Douglas, Inc., for a total contract amount not to exceed $52,915. There being no discussion, a motion by Councilman Grubbs, seconded by Mayor Pro Tern Bird, all voting "aye," adopted Resolution No. 98-1 12 authorizing a professional service agreement with Parsons Brinckerhoff Quade and Douglas, Inc. Mayor Phelps announced Mark McGwire of the St. Louis Cardinals hit his 62nd home run. D.3 CONSIDER THE ADOPTION OF ORDINANCE NUMBER 2420 AMENDING THE VEHICLE PARKING CODE AS IT RELATES TO THE PARKING AND STORAGE OF SPECIAL VEHICLES; AMENDING ORDINANCES NO. 2325 AND NO. 2403 IN THEIR ENTIRETY, AND TAKE APPROPRIATE ACTION. Volume 78, page 94 Mayor Phelps presented the following information. In 1997 in response to community concerns the City Council adopted several new regulations which were designed to improve the appearance and enhance the quality of life in the residential neighborhoods. One significant change was the adoption of the Vehicle Parking Code which required utility trailers and motorhomes, boats, campers and other similar recreational vehicles to be relocated from the front yard and into the side or rear yard of the residence by June 2002. At spring community meetings in 1998 the City Council agreed to revisit the Vehicle Parking Code and reconsider recreational vehicle and utility trailer parking. On July 13, 1998 the City Council adopted an amendment to the Code to assist residents who currently own utility trailers, boats, motorhomes, campers and other similar recreational vehicles, that are thirty feet or less in length, in complying with the new regulations. The amendments allowed for relaxed screening requirements for those residents that have restrictive side yard space. Based on citizens' comments received following the July 13, 1998 meeting the City Council directed Staff to make a number of changes to further assist residents in complying with the Code. The proposed amendment will address three major issues regarding recreational vehicle parking limitations. The first issue deals with a "grandfather" clause which allows existing recreational vehicles to remain as they are presently stored until the year 2002. Current regulations require all recreational vehicles to be relocated from the front yard by June 2002. The amendment being considered at this meeting will allow recreational vehicles that cannot physically be located in the side or rear yard to remain in the front yard for as long as the resident owns that vehicle. The second issue was the length limitations for recreational vehicles or utility trailers that could apply for the relaxed screening requirements. The current provisions limited, to thirty feet, the length of vehicles which could be considered for the relaxed requirements or a special exception. The amendment as proposed removes the length limitations for recreational vehicles or utility trailers as specified in the original ordinance. The third issue addressed in the proposed ordinance is the potential conflict in the wording of the ordinance. The amendment as proposed deletes several sentences where a potential conflict in interpretation could have occurred. These proposed amendments along with the previous amendments should provide for every existing recreational vehicle or special vehicle as they are referred to in the ordinance, to continue to be stored at the residence. These amendments should accommodate the residents who own recreational vehicles and want to store them on their properties, while still striving to achieve the Volume 78, page 95 established goals of enhanced neighborhood appearance and quality of life in the City of Farmers Branch. Staff recommends that the City Council adopt Ordinance No. 2420 amending the Vehicle Parking Code. Mr. John Holden, 2927 Mark Twain, stated he is against the proposed Ordinance and if the Council proceeds to pass the Ordinance he would turn in a petition with 700 signatures on September 9, 1998. Mayor Phelps asked Mr. Holden what he is asking for with the petition. Mr. Holden, replied they are asking for the City to go back to the original ordinance or to seriously modify the proposed ordinance. The following residents expressed concern about proposed Ordinance Number 2420. Richard Crowly 2909 Selma Jack Richardson 3030 Oxfordshire John Clements 12617 Keyport Russell Widener 14437 Avalon Bill Elsberry 13659 Heartside Martin Hughes 13735 Sundown Trail James Hutchinson 2972 LaVita Lane Jack Jones 13827 Janwood Barbara Runyon 2889 Joanna Ed Boshers 2669 Squires Place Carry Thomas 14029 Janwood Jean Wade 3059 Cameo Mildred Rogers 14440 Shoredale There being no further discussion, a motion by Councilman Grubbs, seconded by Councilman Robbs, with Grubbs, Bird, Robbs and Moses, all voting "aye," and Councilwoman Davis, voting "nay," adopted the following captioned Ordinance No. 2420 amending Section 4, subsection 3a, second sentence, The first permit must be applied for within 90 days from adoption of Ordinance No. 2420 and the permit obtained by February 1, 1999. The Vehicle Parking Code relating to special vehicle parking and storage and amending Ordinance 2325 and Ordinance 2403 in their entirety. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, REGULATING THE PARKING OF VEHICLES ON PRIVATE PROPERTY WITHIN RESIDENTIAL ZONING DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; AMENDING ORDINANCES NUMBER 2325 AND 2403 IN THEIR ENTIRETY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR INJUNCTIVE RELIEF AND PROVIDING FOR AN EFFECTIVE DATE. Volume 78, page 96 D.4 CONSIDER ADOPTING RESOLUTION NO. 98-1 10 AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ADMINISTER THE 1998/1999 FEDERAL BUREAU OF JUSTICE ASSISTANCE BLOCK GRANT, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Federal Bureau of Justice Assistance makes funds available to local law enforcement agencies in the form of a non-competitive block grant. The City of Farmers Branch is eligible for $21,517.00 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 10% of the grant. The Chief of Police has proposed taking $2,200.00 from the seized funds account for this match. The Chief of Police proposes to use the grant to purchase three portable external heart defibrillator devices for the patrol division and purchase three bicycles and all associated equipment necessary for a bicycle patrol unit. Any remaining funds will be used to pay overtime duty for special assignments for the unit. The grant is designated for use during the 1998/1999 and 1999/2000 budget years. Staff recommends adopting Resolution No. 98-1 10 authorizing the City Manager to apply for the Federal Bureau of Justice Assistance Block Grant. There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Councilman Grubbs, all voting "aye," adopted Resolution 98-1 10 authorizing the City Manager to apply for and administer the 1998/1999 Federal Block Grant offered by the Bureau of Justice Assistance. D.5 CONSIDER LETTER DATED AUGUST 8, 1998 AND PRESENTATION BY MILDRED ROGERS. Mayor Phelps presented the following information. This item has been placed on the agenda at the request of Mildred Rogers. Mrs. Rogers stated she would like to postpone this item until the September 21, 1998, Council meeting so the Ordinance on RVs could have more time. Mayor Phelps stated he spoke with Mrs. Rogers at City Hall this morning for approximately forty minutes in regards to the following items she requested to discuss with the Council. (1) The beautification and revitalization of Farmers Branch neighborhoods. Mayor Phelps stated he did not know what the question is; (2) The uses of "company" on your expense accounts. Mayor Phelps stated the City Council has an expense report that is turned in and one columns states "charged to the company/city" this is for reservations, accommodations that the City Secretary would make in advance and pay with City funds. Meals and other expenses were itemized in another column. (3) Utility easement ordinance. Mayor Phelps stated this item was discussed earlier this evening. (4) To determine if any Councilmembers owning a business in Farmers Branch received a corporate tax rebate as well as a residential rebate. Mayor Phelps Volume 78, page 97 stated those Councilmembers did receive a rebate for both business and residential because they paid taxes. Mr. Escalante had explained it earlier. (5) To determine why you have never obeyed our City Charter for many long years and broke the open records act. Mayor Phelps stated the city has always obeyed the City Charter and Open Records Act. (6) Mrs. Rogers questioned the Council's travel expenses. Mayor Phelps stated this item had been spoken about many times over the years. Mayor Phelps stated one thing that was asked this morning by Mrs. Rogers was the Council expense of over $400,000 in travel in 1993 or 1994. The Council asked staff to go back to 1991-92 and found in seven years the Council had spent a total of $96,107.68; an average of $13,700 a year. Mayor Phelps stated he asked Mrs. Rogers what she felt would be an appropriate amount for six people representing the City over a twelve-month period. Mayor Phelps stated Mrs. Rogers could not give him a dollar amount she felt would be appropriate. Mayor Phelps stated the City has a gross City Budget of $70 million and for the Council to spend $13,000 for one year representing the City is a minimal amount. D.6 CONSIDER ADOPTING RESOLUTION NO. 98-1 13 AWARDING THE BID FOR PAVING IMPROVEMENTS ON SPRING VALLEY ROAD TO GIBSON AND ASSOCIATES AND TAKE APPROPRIATE ACTION. . Mayor Phelps presented the following information. Paving improvements on Spring Valley Road between Inwood Road and Dallas Parkway are budgeted in the 1997-98 Capital Improvement Program, DART Local Assistance Program Fund. The improvements entail the construction of turn lanes on eastbound and westbound Spring Valley Road and on southbound Dallas Parkway. The turn lanes will increase the number of cars that can travel through the intersection during each cycle of the traffic signal. Four bids were received and opened on August 19, 1998. All bids met specifications. The low bidder was Gibson and Associates with a bid of $422,872.16. Gibson and Associates has provided adequate qualifications and references for similar work. Gibson and Associates has satisfactorily constructed several projects for the City. The contract time for this project is 90 calendar days. Construction of this project is expected to begin in October 1998 and be completed in December 1998. The project budget for construction is $311,008. Additional funds are available in the DART Local Assistance Program Fund Contingencies to fully fund the project. The high cost of the project appears to be attributed to limited working room, the project sequencing, and the very high volumes of traffic adjacent to the work area. The high level of construction activity in the Dallas-Fort Worth Metroplex and the shortage of cement contribute to the high construction prices, especially on small projects such as the Spring Valley Road improvements. Volume 78, page 98 The City Engineer recommends adopting Resolution No. 98-1 13 awarding the bid for the Spring Valley Paving Improvements to Gibson and Associates in an amount of $422,876.16. There being no discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 98-1 13 awarding the bid for the Spring Valley Paving Improvements to Gibson and Associates. D.7 CONSIDER ADOPTING RESOLUTION NO. 98-1 19 APPROVING A CONTRACT WITH INTERCULTURAL DEVELOPMENT RESEARCH ASSOCIATION TO UPDATE ANALYSIS OF EDUCATIONAL EQUITY IN THE CARROLLTON/FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In the fall of 1996 the City contracted with Intercultural Development Research Association (IDRA) to conduct an analysis of the educational equity in the Carrollton/Farmers Branch Independent School District. That report was completed, with results of the analysis given to the school board. The report did point out a number of equity issues within the school district that caused great concern to the City and the public. The purpose of this contract with IDRA would be to update their previous report and review the effectiveness of the district in providing equal educational opportunities since the fall of 1996. If the data is available IDRA would also review the proposed 198.6 million dollar bond issue proposed by the school district and address equity issues as it relates to funding allocation. Cost for these services in this contract with IDRA would be 25,000 dollars for the update of the 1996 report and 5,000 dollars to address equity issues as related to the proposed bond issue for a total of 30,000 dollars. The bond review would be completed in September and the update study would be completed in December of this year. The Assistant City Manager recommends the adoption of Resolution No. 98-1 19 approving a contract with IDRA to update analysis of Educational Equity in the Carrollton/Farmers Branch Independent School District for a cost not to exceed 30,000 dollars. There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Councilman Grubbs, all voting "aye," adopted Resolution No. 98-1 19 approving a contract with IDRA to update analysis of Educational Equity in the Carrollton/Farmers Branch Independent School District for a cost not to exceed 30,000 dollars. D.8 CONSIDER ADOPTING RESOLUTION NO. 98-120 AUTHORIZING THE CITY MANAGER TO EXECUTE A MANAGEMENT AND OPERATIONS AGREEMENT WITH CAMELOT LF TX, L.P., CONTRACTOR, ALLIED WASTE LANDFILL HOLDINGS, INC A TEXAS CORPORATION, MANAGING PARTNER, AND ALLIED WASTE NORTH AMERICA, INC., A DELAWARE CORPORATION, GUARANTOR, FOR THE MANAGEMENT AND OPERATIONS OF THE CAMELOT LANDFILL AND TAKE APPROPRIATE ACTION. Volume 78, page 99 Mayor Phelps presented the following information. On December 12, 1996, Staff discussed with Council a public/private partnership for operation of the Camelot Landfill. Several principles for a public/private partnership include: maintaining landfill revenues to the City, maintaining a minimum flow of waste received at the landfill, retaining a portion of the landfill for future City use only, City retaining all necessary permits for the landfill, and the Contractor being responsible for all capital and expenses. In August, 1997 the City advertised for Request for Proposals for the management and operations of the Camelot Landfill. The purpose of the Request for Proposals was to seek a private company that could provide steady and increasing waste volumes to the Landfill with an increasing revenue stream to the City. On September 30, 1997 Browning-Ferris, Inc. and Allied Waste Systems submitted RFPs to the City. The analysis of the Request for Proposals revealed to Staff and the City's Consultant that Allied Waste Systems had the best capability of increasing waste volumes to the Landfill with an increasing revenue stream to the City. Allied Waste Systems is one of the largest solid waste companies in the United States, as well as the Metroplex, with a stable customer base and extensive experience operating landfills. On March 16, 1998, Staff informed Council of their financial analysis and that negotiations with Allied Waste Systems for a Management and Operations Agreement would begin. Negotiations have resulted in an Agreement that includes a term of ten (10) years with a five (5) year renewal. Together with revenue from the Asset Purchase and Sale Agreement with Allied, which is the next agenda item, this Agreement is designed to meet the City's revenue objective of $2.1 million per year, adjusted for inflation. Among other things, this Agreement provides two types of financial compensation to the City, private marketing of the landfill, accumulation of funds for closure and post- closure, opportunity for employment of employees in the landfill and commercial divisions, and disposal of Farmers Branch residential waste at no charge to the City. The financial compensation includes a Usage Fee payment of $1.0 million per year, after the first year. Also included is a Royalty Fee based initially on $.81 per truck yard of waste disposed of at the landfill. The Royalty Fee will be subject to adjustment annually as Allied's prices to its customers increase. Allied Waste Systems will continue to operate the Landfill in accordance with TNRCC permits and will not accept any hazardous waste, medical waste, liquid waste, radioactive waste, and special waste. This Agreement terminates once the Landfill has remaining space of 1,000,000 air space yards, which will thereby reserve approximately 25 years of additional landfill life for Farmers Branch residential waste. The City will continue to collect residential waste, and municipal facilities. The City will continue to operate the Citizen Collection Center on Valley View and will service the City's special events. The Asset Purchase and Sale Agreement is a related item on this agenda, which will provide a portion of the City's revenue requirement. Volume 78, page 100 Staff recommends adopting Resolution No. 98-120 authorizing the City Manager to execute an agreement between the City of Farmers Branch and Camelot LF TX, L.P., a Texas Corporation, Allied Waste Landfill Holdings, Inc., Managing Partner and Allied Waste North American, Inc., a Delaware Corporation, Guarantor, for the management and operations of the Camelot Landfill. Mr. Escalante stated there was two pages with changes that were distributed to the Council during the Study Session. Those changes did not change the Pro Forma or back up information that was distributed to Council in any substantially way. Mr. Escalante stated the change that was made related to the calculations of any increase in royalty payments during the first year of agreement. That change that was put in place did not relate to any other year. In addition, there was an exclusion for rate increases that was related solely to increases in TNRCC fees. Mr. John Burke, Assistant City Manager, stated the contractor had a minimum of 90 days from the start of the agreement to establish his new gate rates. There being no further discussion, a motion by Councilman Grubbs, seconded by Mayor Pro Tern Bird, all voting "aye," adopted Resolution No. 98-120 authorizing the City Manager to execute an agreement between the City of Farmers Branch and Camelot LF TX, L.P., a Texas Corporation, Allied Waste Landfill Holdings, Inc., Managing Partner and Allied Waste North American, Inc., a Delaware Corporation, Guarantor, for the management and operations of the Camelot Landfill. D.9 CONSIDER ADOPTING RESOLUTION NO. 98-121 AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSET PURCHASE AND SALE AGREEMENT WITH ALLIED WASTE SYSTEMS, INC., DBA TRINITY WASTE SERVICES, A DELAWARE CORPORATION, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The sale, transfer and assignment of certain assets of the commercial collection business and certain personal property and equipment utilized by the City in the operation of the Landfill is an integral part of the Management and Operations Agreement, a related item on this agenda. The City has operated a commercial refuse collection business for a number of years and has reviewed privatization of this business several times. The commercial collection business has been a marginal operation over the last several years. The City will be paid $472,766 for commercial collection equipment, $1,094,000 for landfill equipment and $1,203,425 for customer accounts for a total of $2,770,191. The funds generated by this Agreement, together with the revenue from the Operations and Maintenance Agreement, the previous item on this agenda, are designed to meet the City's revenue objective of $2.1 million per year, adjusted for inflation. The City Staff will notify the commercial customer accounts of the sale. Volume 78, page 101 The City will continue to collect residential waste, recyclables, municipal facilities, and city special events. The City will continue to operate the Citizen Collection Center on Valley View. Staff recommends adopting Resolution No. 98-121 authorizing the sale of landfill equipment, commercial equipment, and customer accounts to Allied Waste Systems, Inc., dba Trinity Waste Services, a Delaware Corporation. Councilman Moses asked if Trinity would be leasing the building for equipment maintenance. Mr. Escalante stated there are two agreements currently before the Council. There will be a third agreement that will be negotiated relative to rental of the Camelot Maintenance facility. It is not yet on the agenda, these items are the two major issues. He stated once these issues are resolved the City will be looking at a partial lease or full lease agreement on the building at Camelot. Councilman Moses asked whether or not the City would continue to use the maintenance building at the landfill. Mr. Escalante replied yes that is why the City is looking at a partial lease for the first year or so. The City felt it was important to get these two issues resolved and then address the issue of repair facility and storage facility. There being no further discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 98-121 authorizing the sale of landfill equipment, commercial equipment, and customer accounts to Allied Waste Systems, Inc., dba Trinity Waste Services, a Delaware Corporation. D.10 CONSIDER ADOPTING RESOLUTION NO. 98-1 14 ACCEPTING THE PROPOSALS AND AWARDING CONTRACTS TO OPEN SYSTEMS GROUP AND VISION SOFTWARE FOR INTEGRATION SERVICES AND PUBLIC SAFETY SOFTWARE FOR THE POLICE AND FIRE DEPARTMENTS; AUTHORIZING THE PURCHASE OF COMPUTER HARDWARE UTILIZING THE STATE OF TEXAS GENERAL SERVICES COMMISSION'S QUALIFIED INFORMATION SERVICES VENDORS; REJECTING PROPOSALS FOR MUNICIPAL COURT SOFTWARE; AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Request for Proposals for the Public Safety Computer System was sent to twenty-one vendors in June 1997, and ten proposals were received for evaluation by staff in September 1997. The scope of the project was to purchase and install computer aided dispatch, a complete records management system for Police, Fire and Emergency Medical Services, including Municipal Court software, and to replace and upgrade the police department's mobile data terminals. Open Systems Group submitted a complete proposal for project management and integration services for an amount not to exceed $106,250. Vision Software submitted a complete proposal for public safety software and training for an amount not to exceed $581,000. Staff recommends that computer hardware and network Volume 78, page 102 software be purchased utilizing the State of Texas General Services Commission's Qualified Information System vendors for an amount not to exceed $487,963. The municipal court software proposals submitted by vendors did not meet specifications. Staff recommends that the proposal for the municipal court package be rejected. A total of $1,200,000 is included in the 1997/1998 budget for the Public Safety Computer Project. The proposed cost of the Public Safety Computer is $1,174,713. If approved, staff proposes to utilize the balance of $25,287 to purchase and install municipal court software. The Police Chief recommends approval of Resolution 98-114. There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 98-1 14 accepting the proposals and awarding contracts to Open Systems Group and Vision Software for integration services and public safety software for the police and fire departments; and authorizing the purchase of computer hardware utilizing the State of Texas General Services commission's Qualified Information Services Vendors; rejecting proposals for municipal court software. D.1 1 CONSIDER ADOPTING RESOLUTION NO. 98-1 18 AUTHORIZING THE CITY MANAGER TO EXECUTE A JUSTICE CENTER CABLING INTEGRATION SERVICES CONTRACT WITH ICG FIBER OPTIC TECHNOLOGY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Seven proposals were received from cabling vendors to provide installation of voice and data communication cabling infrastructure at the Justice Center. The highest rated and lowest cost proposal, meeting specifications, $64,267.35 from ICG Fiber Optic Technology Company. The 1997-1998 Non-Bond CIP Fund budget for the Justice Center includes a total of $25,000 for this cabling integration service. Additional funding of $39,267.35 is available in the Fixed Asset Fund fund balance. The Fixed Asset Fund budget for this line item will be adjusted and the Police Department's Fixed Asset Transfer Account will be increased during the year-end budget amendment process. Staff recommends adoption of Resolution No. 98-1 18 authorizing the City Manager to purchase cabling integration services and contract with ICG Fiber Optic Technology for a total amount not to exceed $64,267.35. Councilman Robbs asked why the budget was so far off on this item. Mr. Charles Cox, Finance Director, stated the use of fiber optic cabling was not originally anticipated. Due to the size and length of the building it was necessary to use fiber optic cabling which increased the price. Additionally, there are more drops for computer connections then originally planned. Councilman Robbs asked if the upgrade from standard cabling to fiber optic cabling in all areas. Volume 78, page 103 Mr. Cox replied that the installation would include a fiber optic backbone with standard twisted pair cable drops. There being no further discussion, a motion by Councilman Grubbs, seconded by Councilwoman Davis, all voting "aye," adopted Resolution No. 98-118 authorizing the City Manager to purchase cabling integration services and contract with ICG Fiber Optic Technology for a total amount not to exceed $64,267.35. D.12 CONSIDER ADOPTING RESOLUTION NO. 98-102 AWARDING THE BID FOR CLEANING AND SEALING OF JOINTS AND CRACKS IN STREETS AT VARIOUS LOCATIONS TO SILVER CREEK CONSTRUCTION, INC., AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Public Works Department administers an annual crack and joint seal program. Bid requests were mailed to five vendors. Two bids were received and opened on July 30, 1998. The lowest bid meeting specifications was submitted by Silver Creek Construction, Inc., in the amount of $101,240.00. The lowest bid meeting specifications was submitted by Silver Creek Construction, Inc. in the amount of $101,240.00 for an extensive listing of city streets. The annual goal of the program is to seal at least 25 lane miles of pavement. Funds in the amount of $80,000.00 are available in the 1997-1998 Public Works operating budget to fund the program. Staff recommends that the City exercise its option to award the bid on a reduced number of streets and bring the contract within the budgeted amount. If awarded, the 1997-1998 program will seal approximately 38 lane miles of joints and cracks at a cost of $78,760.00. Staff recommends awarding a bid in the amount of $78,760.00, which will exceed the annual goal by 13 lane miles. The Director of Public Works recommends adopting Resolution No. 98-102 awarding the bid for cleaning and sealing of joints and cracks in streets at various locations to Silver Creek Construction, Inc. in the amount of $78,760.00. There being no discussion, a motion by Mayor Pro Tern Bird, seconded by Councilwoman Davis, all voting "aye," adopted Resolution No. 98-102 awarding the bid for cleaning and sealing of joints and cracks in streets at various locations to Silver Creek Construction, Inc. in the amount of $78,760.00. D.13 CONSIDER ADOPTING RESOLUTION NO. 98-107 AWARDING THE BID FOR ONE REPLACEMENT AERIAL LIFT TRUCK AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Bid requests for one replacement aerial lift truck were sent to ten vendors on July 10, 1998. Three vendors submitted bids that were opened on August 14, 1998. The lowest bid meeting specifications was submitted by Commercial Body Corporation for a total cost of $93,944.00. The Parks and Recreation Department Fixed Asset budget includes $91,000.00 for the purchase of this unit. Additional funds needed for Volume 78, page 104 this purchase are available in the Fixed Asset Fund. The Parks Maintenance Division will use this equipment to trim trees, maintain lights on athletic fields and install signs and banners through out the City. The Directors of Equipment Services and Parks and Recreation recommend adopting Resolution No. 98-107 awarding the bid for one replacement aerial lift truck to Commercial Body Corporation for the amount of $93,944.00. There being no discussion, a motion by Councilman Robbs, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 98-107 awarding the bid for one replacement aerial lift truck to Commercial Body Corporation. D.14 CONSENT. D.15 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. Mr. Escalante stated three staff members will be visiting with Travelers Investment group later to discuss rezoning and their development potential here in the community. D.16 CITIZEN PARTICIPATION. There was no citizen participation. ■ MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 3:30 P.M. STUDY SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:58 P.M. AND CONCLUDED AT 7:24 P.M. FOR THE GENERAL SESSION. 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 APPOINTMENT TO THE LIBRARY BOARD. 3. DISCUSS APPOINTMENT OF A CRIMEWATCH DIRECTOR. Mayor Phelps and members of the City Council discussed personnel matters. E.1 b DISCUSS LAND ACQUISITION -TEXAS GOVERNMENT CODE -SECTION 551.071 1. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT 9001 DENTON DRIVE. 2. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT 13214 ROSSFORD STREET, 13201, 9018, AND 9019 DENTON DRIVE. Mayor Phelps and members of the City Council discussed possible land acquisition. Volume 78, page 105 E.1 c DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE - SECTION 551.071 1. DISCUSS PENDING LITIGATION WITH PRECISION LANDSCAPE MANAGEMENT, INC. V. CITY OF FARMERS BRANCH, ET. AL. 2. DISCUSS POSSIBLE LITIGATION WITH TCI CABLEVISION OF DALLAS FOR VIOLATION OF ORDINANCE 2390 AND 2391. Mayor Phelps and members of the City Council discussed pending and contemplated litigation. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the appointment to the Valwood Improvement Authority would be postponed until the September 21, 1998 City Council meeting. Mayor Phelps stated the appointments to the Library Board would be postponed until the September 21, 1998 City Council meeting. Mayor Phelps stated the appointment of a Crimewatch Director would be postponed until the September 21, 1998 City Council meeting. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN EXECUTIVE SESSION. Mayor Phelps reported there was no action necessary for land acquisition. E.3 CONSIDER NECESSARY ACTION ON PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN EXECUTIVE SESSION. Mayor Phelps stated the City Council was updated by City Attorney Matt Boyle on pending and contemplated litigation. No action is necessary F.1 ADJOURNMENT. A motion by Mayor Pro Tern Bird, a second by Councilman Robbs, all voting "aye", adjourned the City Council meeting of September 8, 1998, at 10:47 p.m. if Mayor i . A (l City Secretary Volume 79, page 106