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1996-01-22 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JANUARY 22, 1996 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Pro Tem Councilmembers Nancy Hardie Ron Pyle Bill Moses Bob Phelps Calla Davis The following member of the City Council was absent: Mayor Dave Blair The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Communication Director Economic Development Director Director of Community Services Planning Technician City Engineer Director of Equipment Services Director of Finance Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works City Management Assistant Traffic Engineer Recording Secretary Richard L. Escalante Linda Tidwell John Burke John Boyle Ruth Ann Parish Donna Huerta Norma Nichols Tom Scales Jan Cottle Jerry Murawski Don Moore Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux David Reedy Dave Davis Cindee Peters Vol. 71, Page 11 Mayor Blair called the City Council Meeting of January 22, 1996 to order at 7:30 P.M.. The meeting was televised. A.1 INVOCATION. Councilman Moses gave the invocation and led the pledge of allegiance to the flag. A.2 CONSIDER ACCEPTING A $1,000 DONATION FROM AVON PRODUCTS, INC. IN CONSIDERATION FOR THE CITY HOSTING A GIRLS' GYMNASTICS CLINIC. Mayor Pro Tem Hardie presented the following information for consideration. On January 16, 1996, the City of Farmers Branch hosted a girls' gymnastics clinic at the Don Showman Recreation Center. The clinic was sponsored by the City in conjunction with Avon Products, Inc. and the Women's Sports Foundation. Avon Products, Inc. wishes to donate $1,000 to the City of Farmers Branch Parks and Recreation Department for hosting this event. Staff recommends that the donation be deposited in the Youth Scholarship Program account. The clinic was lead by Olympic gymnasts Nadia Comaneci and Shannon Miller. Two hundred and fifty girls registered and participated in the clinic. Additionally, 200 spectators attended the event. The Parks and Recreation Department Director recommends accepting the $1,000 donation from Avon Products, Inc. A motion by Councilwoman Davis, a second by Councilman Moses, all voting "aye" accepted the donation in the amount of $1,000.00 from Avon Products, Inc. to the Parks and Recreation Department for hosting the gymnastics clinic. A.3 PRESENTATION OF SERVICE AWARDS. Mayor Pro Tem Hardie presented a ten year employee service award to Steve Furra of the Parks and Recreation Department. Mayor Pro Tem Hardie presented a fifteen year employee service award to Stephen Bock of the Fire Department. Mayor Pro Tem Hardie presented a twenty year employee service award to Ed Richardson of the Fire Department. Vol. 71, Page 12 A.4 EMPLOYEE RETIREMENT BOB PHILLIPS OF THE FIRE DEPARTMENT - 32-YEARS Mayor Pro Tern Hardie read and presented a plaque to Mr. Bob Phillips for his 32 years with the City. A.5 PRESENTATION OF BOARD APPLICATIONS. Ms. Joanne Coleman, 13928 Prestwick, stated she has been very active in the City and would like to serve on the Zoning Board of Adjustment. A.6 REPORT ON STUDY SESSION ITEMS. Mayor Pro Tem Hardie gave a brief summary of the items discussed in the Study Session held prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.2. Mayor Pro Tem Hardie stated that 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 Councilman Moses, a second by Councilwoman Davis, all voting "aye", approved the following Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF JANUARY 8, 1996. B.2 APPROVED THE REQUEST FOR SITE PLAN APPROVAL OF A MONUMENT SIGN FOR THE PROPERTY LOCATED AT 1601 VALLEY VIEW LANE AND IN THE PLANNED DEVELOPMENT NUMBER 22 (PD-22) ZONING DISTRICT. C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status and happenings of various projects in the City. Vol. 71, Page 13 C.2 PUBLIC HEARING: CONSIDER THE REQUEST OF PCS PRIMECO., L.P., TO AMEND ARTICLE 8-103, 8-700, 11-102 OF THE COMPREHENSIVE ZONING ORDINANCE RELATIVE TO PERMITTING "MOUNTED ANTENNAS" AS AN ALLOWABLE USE IN ALL ZONING DISTRICTS AND ESTABLISH APPROPRIATE ZONING REGULATIONS INCLUDING, BUT NOT LIMITED TO DEFINING THE USE AND ESTABLISHING HEIGHT REQUIREMENTS AND TAKE APPROPRIATE ACTION. Mayor Pro Tern Hardie presented the following information for consideration. Currently, communication towers are allowed only by specific use permit in the City. PrimeCo., L.P., a personal communication system company, wants the ability to erect "mounted antennas of 15 feet or less" in any zoning district of the City by right and not be required to obtain a specific use permit for each antenna. A zoning amendment request has been filed by PrimeCo., L.P., that would add "mounted antennas of 15 feet or less" to the Comprehensive Zoning Ordinance Schedule of uses and permit the use by right in all zoning districts of the City. The amendment also creates a definition, and establishes regulations for mounted antennas. Masterplan, a consulting firm retained by PrimeCo., L.P., has stated that the intent of the amendment is to eliminate the need for the construction of new communication towers, when possible, by mounting antennas on existing multi-story buildings, existing utility transmission towers and public uses such as elevated water storage tanks. The City Staff in cooperation with the PCS PrimeCo, L.P., consultant has prepared standards for mounted antennas and their auxiliary structures that would allow antennas to be erected on multi-story buildings, water towers, and electrical transmission towers in Non-Residential Zoning Districts by right and in Planned Development Zoning Districts by site plan approval. Under this proposal, a specific use permit would still be required to erect a mounted antenna in residential zoning districts of the City. The proposed mounted antenna standards would apply to PCS PrimeCo., L.P., and any other business interested in erecting mounted antennas within the City of Farmers Branch. The Planning and Zoning Commission, by a 4-3 vote, recommends that Ordinance Number 2241 be adopted amending Article 16 of the Comprehensive Zoning Ordinance to allow mounted antennas in Non-Residential Zoning Districts by right, in Planned Development Zoning Districts by site plan approval, in Residential Zoning Districts by specific use permit; and establishing standards for mounted antennas and their auxiliary structures with the condition the auxiliary structure be limited to a maximum of fifty-five (55) square feet in area and seven (7) feet tall. Mayor Pro Tern Hardie opened the public hearing. Vol. 71, Page 14 There being no discussion, a motion by Councilman Phelps, a second by Councilman Pyle, all voting "aye", closed the public hearing. Councilwoman Davis asked Mr. Kirk King if TU Electric had any objection of this antenna on their wires. Mr. Kirk King, District Manager of TU Electric, stated they have no objection to this request. City Manager Richard Escalante asked Mr. King if TU Electric was a partner with this company. Mr. King stated TU Electric has a 20% limited partnership with PCS PrimeCo., L.P.. Councilman Moses stated a specific use permit would still be required in residential areas. There being no further discussion, a motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted the following captioned Ordinance Number 2241 with the condition 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 SECTION 16 SO AS TO ESTABLISH MOUNTED ANTENNA REGULATIONS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER THE REQUEST OF TRAVELERS REALTY INVESTMENT COMPANY TO AMEND THE PLANNED DEVELOPMENT NUMBER 50 (PD-50) ZONING DISTRICT PERMITTED USES AND DEVELOPMENT STANDARDS AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Hardie stated that Travelers Realty Investment Company is requesting this item be continued until the next City Council meeting. A motion by Councilwoman Davis, a second by Councilman Phelps, all voting "aye", continued this item until the February 5, 1996 City Council meeting. Vol. 71, Page 15 C.4 CONSIDER ADOPTING RESOLUTION NO. 96-014 APPROVING A DEVELOPER'S CONTRACT WITH TRAVELERS REALITY INVESTMENT COMPANY FOR PART OF THE CENTREPLACE ADDITION AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Hardie stated this item is related to item C.3 and is to be continued also. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", continued this item until the February 5, 1996 City Council meeting. C.5 CONSIDER THE REQUEST OF MS. JULIE ANSCHUTZ OF DAMASCUS WAY TO RECONSIDER PROHIBITING NORTHBOUND U-TURNS ON WEBB CHAPEL ROAD AT VERONICA ROAD AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Hardie stated this item has been placed on the City Council Agenda at the request of Ms. Julie Anschutz, a resident on Damascus Way. Mayor Pro Tem Hardie presented the following information. On December 18, 1995 the City Council adopted Ordinance No. 2240 prohibiting northbound U-turns on Webb Chapel at Veronica Road. Residents of Veronica Road had requested the U- turn prohibition and the City Traffic Engineer recommended that northbound U-turns be prohibited. The U-turn prohibition sign was installed on January 16, 1996. City staff recommends that the U-turn prohibition enacted by Ordinance No. 2240 remain in effect. Ms. Julie Anschutz came forward and stated she lives at 3206 Damascus Way. Ms. Anschutz stated there are 19 people here tonight who wish to express their opposition to this u-turn prohibition in her neighborhood. Ms. Anschutz explained she has researched records and there have been no reports of accidents at this location. Ms. Anschutz stated approximately 30,000 cars travel Webb Chapel a day. Ms. Anschutz stated the light at the hospital helps stop the traffic so motorists can make the u-turn. Ms. Anschutz felt the u-turn at Veronica is not a safety hazard. Ms. Anschutz asked that the no u-turn sign be removed and a median cut at Damascus and Webb Chapel to go south be installed. Mr. Sean McDonald, 3131 Damascus, explained he is for this request. Mr. McDonald stated with the new housing development in the area this will cause an even more dangerous situation. Mr. McDonald asked that a median cut be installed which will help in the long run. Vol. 71, Page 16 Mr. Elliott McCullough, 3115 Damascus, stated he has been living in Farmers Branch for 30 years. Mr. McCullough stated he is also representing his neighbors the Putman's, Salas's, and the Dorsaneo's. Mr. McCullough asked why his street was singled out. Mr. McCullough stated he works in the Love Field area and has never seen an accident at the subject location. Mr. McCullough asked that the sign be removed. Ms. Barbara Naugher, 3130 Damascus, came forward and asked that the no u-turn at Webb Chapel and Veronica be reconsidered. Ms. Naugher stated the City did not notify residents on Damascus of this no u-turn. Ms. Naugher explained from LBJ Freeway to Beltline Road there are 38 streets that run off Webb Chapel and only 3 streets do not have direct access and Damascus is the only street prohibited from making a u-turn. Ms. Barbara Naugher stated she hopes access will be reinstated. Mr. Duane Meyer, 3122 Damascus, explained this has had very little impact on Veronica but does greatly impact the residents on Damascus. Mrs. James Secrest, 12220 Eunice, stated she has seen no problem in that area. Mrs. Secrest stated she is head of the crimewatch in that area and sees no reason to have a sign in that area. Mrs. Secrest stated she is very much opposed to the no u-turn sign. Ms. Suzie Meyer, 3140 Damascus, stated it was very difficult to cross Myra and urged the City Council to reconsider the no u-turn. Ms. Loretta Powell, 3216 Damascus, explained she agrees with all her neighbors. Ms. Candy Myers, 3155 Damascus, stated people on Selma may request that vehicles not be allowed to make a u-turn just as the people on Veronica did and people from Damascus may never get to make a u-turn. Mr. Michael Brunner, 3225 Damascus, stated he was totally against this sign. Ms. Carolyn Vanderhoof, 3235 Damascus, stated they have lived in Farmers Branch for eight years and never had a problem. Ms. JoAnn McKnight, 3421 Ridgeoak Way, stated Myra is the easiest access to Webb Chapel and she has never had a problem. Ms. McKnight felt this was a safe place to make a u-turn. Mr. Ken Holly, 3215 Damascus, stated he has lived in Farmers Branch for 16 years and opposes the no u-turn. Mr. Holly presented a very detailed traffic flow evaluation. Mr. Holly stated approximately 1/5 of the residents here tonight oppose this request. Vol. 71, Page 17 Mayor Pro Tem Hardie asked if residents on Damascus were notified of the no u-turn and if not, how this is handled. Mr. Dave Davis, Traffic Engineer, stated when an ordinance has been approved by the City Council, the caption of the ordinance is published in the newspaper. Mr. Davis stated no specific notice is sent. Councilman Moses asked if there has been any noticeable difference with the sign erected. Councilman Moses also asked if any studies have been done. Mr. Davis stated he has been to the location several times. Mr. Davis stated there are a few changes such as fewer people making u-turns. Mr. Davis stated a number of people northbound turn on Veronica and use a private driveway to turn around and then make a right turn onto Webb Chapel. Mr. Davis felt this did not make a big change either way, just inconvenienced some people. Councilman Moses asked Mr. Davis if he was aware of Mr. Holley's calculations. Mr. Davis stated Mr. Holley and he have spoken before concerning this problem. Mr. Davis stated the City was trying to address the issue of a safety hazard when residents on Veronica turn right onto Webb Chapel. Mr. Davis stated the residents felt there was a real hazard when people from Damascus make a u-turn at Veronica. Mr. Davis stated cars leaving Damascus attempting to make a u-turn at Veronica is not in accordance with the law. Councilman Pyle stated he did not feel there was ever a real problem to begin with. Councilman Phelps stated the City Council was concerned with safety, however since there have been no accidents reported in the past five years he would support the repeal of this ordinance. Councilwoman Davis explained she made the motion to adopt this ordinance and the reason was because she understood that residents on Veronica had a hard time seeing because of the cemetery and people making a u-turn increased the hazard. Councilwoman Davis stated she had no intention of inconveniencing residents. City Manager Richard Escalante informed the City Council that this issue could not be repealed tonight because the no u-turn was adopted by ordinance. Mr. Escalante explained another ordinance would have to be drafted to change this ordinance. After more discussion relating to repealing the ordinance prohibiting the u-turn, a motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", directed staff to prepare the proper ordinance and bring this item back for City Council consideration at the next City Council meeting. Vol. 71, Page 18 C.6 CONSIDER REQUEST OF MR. WILLIAM L. TIMMONS TO DISCUSS THE SENIOR ADVISORY COMMITTEE. Mayor Pro Tem Hardie stated Mr. William L. Timmons of 13855 Birchlawn asked that this item be removed from the agenda. Mayor Pro Tem Hardie stated Mr. Timmons has received his answers concerning this item. D.1 CONSIDER ADOPTING RESOLUTION NO. 96-013 AWARDING THE BID FOR CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON LAS CAMPANAS DRIVE TO Z & S CONSTRUCTION, INC. AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Hardie presented the following information for consideration. On January 11, 1996 the City received five bids for the construction of the drainage improvements on Las Campanas Drive. The low bid of $278,493 was submitted by Z & S Construction, Inc. with a contract time of 90 calendar days. The low bid from Z&S Construction, Inc. meets all of the project specifications except that the company providing the performance and payment bonds is not listed on Treasury Department Circular 570(TDC570). Z & S Construction has provided adequate qualifications and references for similar work. They are presently doing similar work for the City of Colleyville and the Dallas County Community College District. They have satisfactorily completed several large projects as a subcontractor. The Las Campanas drainage project is budgeted in the 1995-96 Non-Bond Capital Improvement Program in the amount of $280,000. The design and foundation evaluation were completed in the amount of $25,586. The materials testing is estimated at $7,500. The amount available for construction and materials testing is $254,414. Additional funds in the amount of $31,579 are needed for the project. The additional funds are available in the Non-Bond Capital Improvement Program Fund contingencies. The project specifications require that the bonding company be listed on Treasury Department Circular 570. Changes in State law no longer make this requirement necessary. The waiver of this requirement does not affect the project cost, time, nor work involved. The bonding company that is providing the bonds for Z & S Construction, Inc. is licensed in the State of Texas and is acceptable to the City staff and City Attorney. The City Engineer recommends the approval of Resolution No. 96-013 awarding the bid for construction of drainage improvements on Las Campanas Drive to Z & S Construction, Inc. and waive the requirement that the bonding company be listed on Treasury Department Circular 570. Councilwoman Davis suggested that residents in the area be notified. Vol. 71, Page 19 Mr. Jerry Murawski, City Engineer, stated Mr. Porter and Mr. Ditucci have been notified. Councilman Moses asked if it was really important to be listed on the Treasury Department Circular 570. Mr. Murawski stated this particular requirement was a carry over from the 1970's. Mr. Murawski stated there are many excellent bonding companies who are not listed on Treasury Department Circular 570 and some who are listed he would not recommend. Mr. Escalante stated this was a re-bid and the requirement was left in the specifications. Mr. Escalante stated all current specifications do not have this requirement. There being no further discussion, a motion by Councilwoman Davis, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 96-013 awarding the bid for construction of drainage improvements on Las Campanas Drive to Z & S Construction, Inc. in the amount of $278,493 and waive the requirement that the bonding company be listed on Treasury Department Circular 570. D.2 CONSIDER RESOLUTION NO. 96-011 AUTHORIZING EXECUTION OF AN AGREEMENT WITH SHIMEK, JACOBS, AND FINKLEA CONSULTING ENGINEERS FOR ENGINEERING SERVICES TO DESIGN THE GILLIS ROAD SANITARY SEWER LINE AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Hardie presented the following information for consideration. The design and construction of Gillis Road sanitary sewer is budgeted in the 1995-96 Capital Improvement Program in the amount of $400,000. The sanitary sewer is needed to serve future growth in the Beltwood Parkway area. An agreement has been negotiated with Shimek, Jacobs and Finklea Consulting Engineers for engineering services to design a new sanitary sewer line along Gillis Road from Beltwood Parkway south to the existing sanitary sewer line located along Spring Valley Road. Shimek, Jacobs and Finklea Consulting Engineers will perform the services within 75 calendar days in an amount not to exceed $34,450. An agreement for geotechnical and environmental services related to this project is an another item on this Council agenda. The City Engineer recommends the approval of Resolution No. 96-011 authorizing the execution of an agreement with Shimek, Jacobs and Finklea Consulting Engineers for engineering services to design the Gillis Road sanitary sewer line. Vol. 71, Page 20 There being no discussion, a motion by Councilman Pyle, a second by Councilman Moses, all voting "aye", adopted Resolution No. 96-011 authorizing execution of an agreement with Shimek, Jacobs and Finklea Consulting Engineers for engineering services to design the Gillis Road sanitary sewer line in an amount not to exceed $34,450. D.3 CONSIDER ADOPTING RESOLUTION NO.96-012 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ATEC ASSOCIATES, INC. FOR PROVIDING GEOTECHNICAL AND ENVIRONMENTAL SERVICES FOR DESIGN OF THE GILLIS ROAD SANITARY SEWER LINE AND TAKE APPROPRIATE ACTION. Mayor Pro Tem Hardie presented the following information for consideration. The design and construction of Gillis Road Sanitary Sewer is budgeted in the 1995-96 Capital Improvement Program in the amount of $400,000. An agreement has been negotiated with ATEC Associates, Inc. to perform geotechnical and environmental services for design of the proposed sanitary sewer line along Gillis Road from Beltwood Parkway to Spring Valley Road in an amount not to exceed $19,283. ATEC has provided satisfactory consulting services for the City in the past. An agreement with Shimek, Jacobs & Finklea for design of the sanitary sewer line along Gillis Road is another item on this Council Agenda. The City Engineer recommends adopting Resolution No. 96-012 authorizing execution of an Agreement with ATEC Associates, Inc. for providing geotechnical and environmental services for design of the Gillis Road sanitary sewer line. There being no further discussion, a motion by Councilman Moses, a second by Councilman Pyle, all voting "aye", adopt resolution No. 96-012 authorizing execution of an agreement with ATEC Associates, Inc. for providing geotechnical and environmental services for design of the Gillis Road sanitary sewer line in an amount not to exceed $19,283. D.4 CONSIDER ADOPTING RESOLUTION NO. 96-010 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH DALLAS COUNTY FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. Mayor Pro Tem Hardie presented the following information for consideration. On January 8, 1996, Public Works Department staff discussed with Council the possibility of Farmers Branch participation with Dallas County in a Household Hazardous Waste Collection Program. The Collection Program is a series of Vol. 71, Page 21 scheduled events at which households of participating cities can bring hazardous waste to a designated site for collection and disposal by an authorized disposal service. Staff specifically discussed participation in the upcoming collection event for March 9, 1996. The event is to be held at Texas Stadium. The total estimated cost for the City to participate in the March 9th event would be $5,580.00. This amount is based on an estimated one percent of the households in Farmers Branch participating in the event. If there is greater participation by Farmers Branch residents the cost could increase. Funds are available in the Contingency Account of the General Fund to pay for participation in the event. The Director of Public Works recommends adopting Resolution No. 96-010 authorizing the City Manager to enter into an Interlocal Agreement with Dallas County for participation in a Household Hazardous Waste Collection Program. Councilman Pyle asked that the public be made aware of this program. Mark Pavageaux, Director of Public Works, explained this program was designed for Farmers Branch citizens to take all hazardous waste that had been collecting in their garage or storage buildings such as pool chemicals, paints, or pesticides. Mr. Pavageaux stated there are a few items such as medical waste or smoke detectors which will not be accepted. Mr. Pavageaux stated there will be no charge to Farmers Branch residents. Mr. Pavageaux stated he was not sure of the hours of operation. Mr. Pavageaux explained Dallas County suggests people not bring children because of the hazardous waste. Mayor Pro Tern Hardie stated staff could inform citizens at the neighborhood meetings, future City Council meetings, and in newsletters to the residents. Mayor Pro Tem Hardie stated if anyone had questions to please call the Public Works Department. There being no further discussion, a motion by Councilwoman Davis, a second by Councilman Phelps, all voting "aye", adopted Resolution No. 96-010 authorizing the City Manager to enter into an Interlocal Agreement with Dallas County for participation in a Household Hazardous Waste Collection Program. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no reports or requests. L Vol. 71, Page 22 D.6 CITIZEN PARTICIPATION. Mr. Nick Korba stated he would like a sidewalk to the Library on the west side of Webb Chapel because there is no way to get to the Library. Mr. Escalante explained during the budget reviews the staff looked at areas where sidewalks were needed and reviewed this with the City Council and staff felt this location was not a top priority. Mr. Pavageaux stated that cost estimates for a sidewalk at this location were made a couple of years ago and he will review and get current prices if the City Council requests this. Mr. Korba stated he would be satisfied if just one side was paved. Mayor Pro Tem Hardie stated staff prioritized projects and the City Council supports staff in their decision. Mayor Pro Tem Hardie suggested that Mr. Pavageaux contact Mr. Korba and inform him of where the sidewalk for the Library is on the list. Councilman Moses does walk this and hopes to get a sidewalk someday but does not have to walk in the street. MAYOR PRO TEM HARDIE ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 STUDY SESSION. THE DISCUSSION BEGAN AT 7:12 P.M. AND CONCLUDED AT 7:38 P.M. MAYOR PRO TEM HARDIE ANNOUNCED THAT ACTION ON THE ITEMS DISCUSSED WAS RECESSED UNTIL THE 7:30 P.M. MEETING. 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. la DISCUSS PERSONNEL MATTERS - TEXAS GOVERNMENT CODE SECTION 551.074 1. DISCUSS APPOINTMENT OF AN ALTERNATE JUDGE. 2. DISCUSS APPOINTMENT TO ALTERNATE POSITION TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS. Council Committee Chairman Phelps presented a report and recommendation for an Alternate Municipal Court Judge. Council Committee consisted of Mr. Phelps, Mr. Moses and Mayor Pro Tem Hardie. Mayor Pro Tem Hardie and members of the City Council discussed the appointment to the Zoning Board of Adjustment and Building Code Board of Appeals. Vol. 71, Page 23 J E. lb DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS POSSIBLE LAND ACQUISITION IN THE 12000 AND 13000 BLOCK OF BEE STREET. Assistant City Manager John Burke presented a report of land at 12000 and 13000 Bee Street for possible land acquisition. E. lc DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. DISCUSS PENDING LITIGATION WITH XIT PAVING AND CONSTRUCTION VS. CITY OF FARMERS BRANCH. City Attorney John Boyle presented an update on pending litigation with XIT Paving and Construction vs. City of Farmers Branch. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Pro Tem Hardie called for necessary action on Personnel Matters as discussed in the Executive Session. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", appointed George Soriano to serve the Alternate 2 position as Municipal Court Judge. Mayor Pro Tem Hardie announced that the appointment for Alternate 2 position to the Zoning Board of Adjustments and Building Code Board of Appeals will be considered at the next City Council meeting. E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Pro Tem Hardie stated that the staff presented appraisal information to the City Council for possible land acquisition. E.4 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Pro Tem Hardie stated that the City Council directed the staff and City Attorney to continue mediation with XIT Paving and Construction for resolution. Vol. 71, Page 24 F.1 ADJOURNMENT. A motion by Councilman Phelps, a second by Councilman Moses, all voting "aye", adjourned the City Council meeting of January 22, 1996, at 9:34 P.M. Mayor City Secretary 71 Vol. 71, Page 25