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1996-06-03 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING JUNE 3, 1996 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Councilmembers Bob Phelps Bill Moses Ron Pyle Calla Davis Charlie Bird Nancy Hardie Berry Grubbs The following members of the City Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Communication Director Director of Community Services City Engineer Director of Finance Director of Parks & Recreation Library Director Police Chief Fire Chief Director of Public Works Traffic Engineer Recording Secretary Richard L. Escalante Linda Tidwell-Groomer John Burke John Boyle Cindee Peters Donna Huerta Tom Scales Jerry Murawski Charles Cox Jeff Fuller Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux Dave Davis Suzanne Reynolds Mayor Phelps called the City Council Meeting of June 3, 1996 to order at 7:30 P.M. The meeting was televised. A.1 INVOCATION. Vol. 72, Page 1 Mayor Pro Tem Moses gave the invocation and Councilman Bird led the pledge of allegiance to the flag. A.2 PRESENTATION OF PLAQUE TO MR. CONAN REINKEN FOR 15 YEARS OF OUTSTANDING SERVICE AS VIVIAN FIELD MIDDLE SCHOOL PRINCIPAL. Mayor Phelps presented Mr. Conan Reinken, Principal of Vivian Field Middle School with a plaque for 15 years of outstanding service with the School District. A.3 CONSIDER ACCEPTANCE OF $2,000.00 GRANT FROM THE CIVIC LEAGUE FOUNDATION, INC. FOR THE FARMERS BRANCH YOUTH SCHOLARSHIP PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. The Civic League Foundation has selected the City of Farmers Branch Youth Scholarship Program as the recipient of a $2,000.00 grant. This funding provides the City of Farmers Branch an opportunity to provide Farmers Branch youths with scholarships which allow them to participate in non-city sponsored programs and activities. The Youth Scholarship Program, which has been in effect since 1992, has provided thousands of dollars in support of the City's youth. Among other things, scholarships have provided children with gloves, shoes, and uniforms to play baseball and softball; balls, shoes, and shinguards to play soccer; uniforms and shoes for football players and cheerleaders; geis to participate in karate; shoes for Folkloric Dance group members; and musical instruments for students who want to participate in school band programs but could not afford an instrument. Approximately 100 scholarships in excess of $10,000 have been made available to Farmers Branch youths through this program. The Civic League, which receives its funding from donations throughout the community, has been a long-time supporter of the City of Farmers Branch, the Farmers Branch Parks and Recreation Department, and specifically, the Youth Scholarship Program. In fact, the Civic League was one of the first organizations to make a contribution to the program when it was established in 1992. The Youth Scholarship Program is supported solely from generous donations from civic organizations, corporate citizens, and individuals. The prime intent for the program is to allow children to participate in programs and activities they would otherwise not be able to access because of financial circumstances. The Director of the Parks and Recreation Department recommends accepting the $2,000 grant from the Civic League Foundation, Inc., for the Farmers Branch Youth Scholarship Program. Vol. 72, Page 2 Ms. Donna Graul, Executive Director of the Civic League Foundation Inc., presented a $2,000 check to Mayor Phelps for the Youth Scholarship Program. A motion by Councilwoman Hardie, a seconded by Mayor Pro Tern Moses, all voting "aye", accepted the donation of $2,000 grant from the Civic League Foundation, Inc., for the Farmers Branch Youth Scholarship Program. A.4 CONSIDER ACCEPTING AN ANONYMOUS DONATION IN THE AMOUNT OF $1,350 FOR THE PURCHASE OF AN ADULT SWING AT MALLON PARK AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. A citizen of Farmers Branch, who wishes to remain anonymous, would like to donate $1,350-00 for the purchase of an adult swing in memory of his wife of almost fifty years, who passed away last year. He has requested an adult swing be placed at Mallon Park. The adult swing is consistent with the ones currently in Mallon Park and other parks. The donor lives in the neighborhood adjacent to Mallon Park. He and his wife frequented the park and he has fond memories of their children and grand-children growing up in the park. The adult swing will provide him, his family, and other park users an opportunity to sit in the shade and enjoy the beauty of the park. The Director of the Parks and Recreation Department recommends accepting an anonymous donation in the amount of $1,350 for the purchase of an adult swing at Mallon Park. A motion by Councilwoman Hardie, seconded by Councilman Pyle, all voting "aye", accepted an anonymous donation in the amount of $1,350 for the purchase of an adult swing at Mallon Park. A.5 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a five year employee service award to Tim Oates of the Fire Department. Mayor Phelps presented a twenty-five year employee service award to Cass Reasor of the Fire Department. A.6 PRESENTATION OF BOARD APPLICATIONS. Mr. Dave Blair, 3325 Gatwick Place, stated that he would like to submit his application for the Metrocrest Hospital Board. Mr. Blair stated he would appreciate the City Council's consideration in this matter. Vol. 72, Page 3 Mr. Tim Ketchersid, 2949 Maydelle, submitted his application for the Planning and Zoning Commission, Park and Recreation Board or the Zoning Board of Adjustment and Building Code Board of Appeals. Mr. Ketchersid stated he would appreciate City Council's consideration in this matter. A.7 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.4. Mayor Phelps 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 Mayor Pro Tem Moses, seconded by Councilman Pyle, all voting "aye", added items D.3 and D.4 to the Consent Agenda. A motion by Mayor Pro Tem Moses, seconded by Councilman Bird, all voting "aye", approved the following items on Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF MAY 20, 1996. B.2 ADOPTED RESOLUTION NO. 96-079 TO ACCEPT A SIGHT VISIBILITY EASEMENT DONATED TO THE CITY OF FARMERS BRANCH BY MARY AND CLARENCE VANDERGRIFF FOR THE RELOCATION OF A PORTION OF FENCE AT 2895 SELMA LANE TO PROVIDE SIGHT DISTANCE AT THE SOUTHWEST CORNER OF JOSEY AND THE ALLEY ON THE NORTH SIDE OF SELMA LANE. B.3 ADOPTED RESOLUTION NO. 96-075 AWARDING THE BID TO PAINT THE INTERIOR AND EXTERIOR OF THE FARMERS BRANCH MANSKE LIBRARY TO METRO-WIDE FINISHES, INC. B.4 ADOPTED RESOLUTION NO. 96-078 AWARDING THE BID FOR MODEMS FROM ISC DATACOM FOR USE ON THE EASTSIDE TRAFFIC SIGNAL INTERCONNECT PROJECT. Vol. 72, Page 4 D.3 APPROVED RESOLUTION NO. 96-081 ACCEPTING A STREET OR HIGHWAY EASEMENT FROM THE SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR THE EXTENSION OF ARBORVIEW ROAD EAST OF INWOOD ROAD. D.4 APPROVED RESOLUTION NO. 96-082 APPROVING AN AGREEMENT WITH THE SOUTHERN PACIFIC TRANSPORTATION COMPANY TO CONSTRUCT A RAILROAD CROSSING FOR THE EXTENSION OF ARBORVIEW ROAD EAST OF INWOOD ROAD. C.1 CANVASS THE ELECTION RETURNS OF JUNE 1, 1996 RUNOFF ELECTION FOR PLACE 2. The following actions will be taken to canvass and certify the results of the June 1, 1996 City Council runoff Election: 1. The Mayor reads the canvass statement in Resolution No. 96-077. The votes for each candidate are as follows: NAME NUMBER OF VOTES Council Place 2 Berry Grubbs 717 Council Place 2 Al Wagner 446 2. The City Council adopts Resolution No. 96-077. Mayor Phelps read Resolution No. 96-077 giving the results of the election. It appearing that Berry Grubbs received a majority of the votes cast for the office of Councilperson, Place 2 and is hereby declared to be elected to said office to serve after qualifying until the regular municipal election in 1999 and until his successor shall have been elected and shall have qualified. A motion by Councilwoman Davis, seconded by Councilman Pyle, all voting "aye", adopted Resolution No. 96-077 canvassing the elections returns and declaring the results of the City Council runoff election held in the City on June 1, 1996. 3. Oath of Office administered by Mayor Phelps. Mayor Phelps administered the oath of office to Berry Grubbs to serve the office as Councilmember, Place 2 for the City of Farmers Branch in the State of Texas. Vol. 72, Page 5 4. Presentation of Certificate of Election. Mayor Phelps presented a Certificate of Election to Councilmember Berry Grubbs. Mayor Phelps welcomed Councilman Grubbs to the City Council. C.2 PRESENTATION OF COUNCIL CERTIFICATE TO COUNCILMEMBER NANCY HARDIE. Mayor Phelps presented to Councilwoman Hardie a certificate and a watch from the City for her service to the City. C.3 CITY MANAGER REPORTS. The City Manager gave a report of the severe weather that Farmers Branch experienced on June 1, 1996. City Manager Richard Escalante also presented an informative report on the status and happenings of various projects in the City. D.1 CONSIDER ADOPTING RESOLUTION NO. 96-076 AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LEEDS CLARK, INC. FOR EXTERIOR RESTORATION OF THE QUEEN ANNE VICTORIAN COTTAGE AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. As part of the Historical Park Masterplan, the Queen Anne Victorian Cottage was purchased and relocated to the Historical Park in 1991. The exterior of this structure was restored in 1992. At that time, the goal was to preserve as much of the original building as possible without reconstructing it. Paint removal was limited to hand sanding and scraping for fear that thermal, chemical, or mechanical paint removal could damage the original siding. Original siding that had cracked was patched rather than replaced wherever possible. This process met accepted restoration standards; however, the finished product did not meet expectations in appearance nor durability. Mr. Tom Clark, restoration consultant with Leeds Clark, Inc. of Midlothian, Texas, has evaluated the structure and recommended techniques for restoring the exterior in a manner that will result in a much more desirable finished product. Staff recommends contracting with Leeds Clark, Inc. to replace damaged and deteriorated siding, repair windows, remove old paint, treat, and repaint the entire structure in an amount not to exceed $38,638.00. There is $40,000.00 available in Vol. 72, Page 6 the Capital Improvement Program for this project. The Director of Parks and Recreation recommends adopting Resolution No. 96-076 authorizing the City Manager to execute a Professional Services Agreement with Leeds Clark, Inc. for exterior restoration of the Queen Anne Victorian Cottage in an amount not to exceed $38,638.00. Mayor Phelps asked if the funds for the restoration of the Queen Anne Victorian Cottage would come from Hotel/Motel Funds or from the General Fund. City Manager Richard Escalante stated the funds will come from Hotel/Motel Funds. A motion by Councilwoman Davis, a second by Councilman Bird, all voting "aye", adopted the Resolution No. 96-076 authorizing the City Manager to execute a Professional Services Agreement with Leeds Clark, Inc. for exterior restoration of the Queen Anne Victorian Cottage in an amount not to exceed $38,638.00. D.2 CONSIDER ADOPTING RESOLUTION NO. 96-054 AWARDING BIDS FOR THE ANNUAL SUPPLY OF SIGNS AND PAVEMENT MARKING MATERIALS AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. Bid requests for the annual supply of signs and pavement marking materials were sent to eleven vendors. The items in the bid request are separated into two categories, Category I includes prefabricated signs such as stop signs, speed limit signs, and various warning signs. Vendors are required to bid on all items in Category I. Bids are awarded on the basis of the total lowest aggregate cost for all items. Category II consists of traffic buttons, preformed tape for stop bars and crosswalks, sign brackets, posts, and barricades. Bids on items in Category II are awarded individually to the vendor providing the lowest bid meeting specifications on each item. Eight bids were received and opened on April 8, 1996 with three bids meeting specifications in Category I, and five bids meeting specifications in Category II. The lowest bid received meeting specifications in Category I, was submitted by Newman Sign in the estimated total amount of $2,792.76. The low bids meeting specifications in Category II were submitted by ADC Athletic Die in the amount of $214.00, Flint Trading in the amount of $4,146.25, Roadrunner Traffic in the amount of $4,480.25, Centerline Supply in the amount of $6,279.29, and 3M in the amount of $13,002.28, for an estimated total of $28,122.07. Items in both categories are bid on estimated quantities, and on a unit price basis. Quantities could increase or decrease due to traffic marking needs during the fiscal year. The total bid award for both categories is estimated at $30,914.83, and will not exceed $37,000.00. Vol. 72, Page 7 The 1995-1996 Public Works operating budget contains $37,000.00 for the purchase of signs and pavement marking materials. The Director of Public Works recommends adopting Resolution No. 96-054 awarding bids for the annual supply of signs and pavement marking materials for a total amount not to exceed $37,000.00. Councilwoman Davis asked Mr. Mark Pavageaux, Director of Public Works, about the testing of tape versus paint for striping that was done on Luna Road. Councilwoman Davis also asked Mr. Pavageaux if the Public Works Department prioritized maintenance of the crosswalks. Mr. Pavageaux stated yes they do use the Thermo Plastic Tape and staff does prioritize the crosswalks. A motion by Councilman Pyle, a seconded by Councilman Grubbs, all voting "aye adopted Resolution No. 96-054 awarding bids for the annual supply of signs and pavement marking materials for a total amount not to exceed $37,000.00. D.3 CONSENT. DA CONSENT. D.5 CONSIDER ADOPTING RESOLUTION NO. 96-080 AUTHORIZING EXECUTION OF THE CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE INCIDENT DETECTION AND RESPONSE PROJECT AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. The purpose of the Incident Detection and Response Project is to enable traffic in Farmers Branch to move as safely and efficiently as possible during unusual traffic conditions. Unusual traffic conditions result from accidents on IH635 or IH35E, severe weather, signal malfunctions, and other emergencies. Traffic operations will be improved by better signal timing, quicker emergency response, and enhanced motorist information made possible by this project. An agreement has been prepared which provides for partial funding for the project from the Texas Department of Transportation. The agreement calls for the State to reimburse the City up to approximately 76 percent of the total cost of the project. The total cost of the project is estimated to be $320,000 with the Texas Department of Transportation reimbursement to be approximately $244,356. City funding for this project is budgeted in the DART Local Assistance Program Fund in the amount of $120,000. Vol. 72, Page 8 The City Engineer and the Traffic Engineer recommend adoption of Resolution No. 96-080 approving the Congestion Mitigation and Air Quality Improvement Agreement with the Texas Department of Transportation for the Incident Detection and Response Project. Mr. Dave Davis, City Traffic Engineer, gave an explanation of the Congestion Mitigation and Air Quality Improvement Agreement. Mayor Phelps asked if this would help with timing of traffic signals and keep traffic moving faster. Mr. Davis stated that through better signal timing and better motorist information it will improve the traffic flow. Councilwoman Davis asked Mr. Davis if this would synchronize all the traffic signals. Mr. Davis described the continuing work to improve signal progression and practical problems that limit synchronization. Councilman Grubbs wanted to know what impact this project would have on operating cost and does the City anticipate hiring additional personnel that would involve monitoring the system. Mr. Davis stated this equipment will have to be maintained and the operating cost will be affected modestly by need for replacement parts. Mr. Davis explained the city will not have to hire additional personnel to monitor or maintain the system. Councilman Grubbs asked Mr. Davis if the motorist information display was a pilot effort. Mr. Davis stated if this is a popular aspect of the program, it may be considered for broader application. Mr. Escalante ask Mr. Davis to explain the components of this system. Mr. Davis went on to explain the components of this program. A motion by Councilman Grubbs, a second by Councilman Pyle, all voting "aye", adopted of Resolution No. 96-080 approving the Congestion Mitigation and Air Quality Improvement Agreement with the Texas Department of Transportation for the Incident Detection and Response Project. D.6 CONSIDER ADOPTING RESOLUTION NO. 96-083 APPROVING AN Vol. 72, Page 9 AGREEMENT WITH ST. LOUIS SOUTHWESTERN RAILWAY COMPANY FOR RELOCATING AND UPGRADING THE EXISTING RAILROAD WARNING SIGNALS LOCATED AT THE NORTHEAST CORNER OF SPRING VALLEY ROAD AND INWOOD ROAD AND TAKE APPROPRIATE ACTION. Mayor Phelps gave the following information for consideration. Widening of Spring Valley Road from the Dallas Tollway to Inwood Road is budgeted in the 1995-96 Capital Improvement Program, DART Local Assistance Program in the amount of $413,000. Spring Valley Road is a six lane divided arterial. The proposed improvements are to add additional left turn and right turn lanes to the existing roadway at the Inwood Road and Dallas North Tollway intersections. The proposed right turn lane at the northeast corner of Spring Valley Road and Inwood Road requires the relocation of the existing railroad warning signals. The railroad signals are to be relocated by the St. Louis Southwestern Railway Company for a lump sum cost of $69,595. Included in the cost is the upgrade of the signals to meet current federal safety standards. Federal regulations mandate that whenever any work is done on railroad warning signals, the signals must be upgraded to present federal safety standards. There are sufficient funds in the project budget for the relocation and upgrade of the railroad signals. The City Engineer recommends the approval of Resolution No. 96-083 approving an agreement with St. Louis Southwestern Railway Company for relocating and upgrading the existing railroad warning signals located at the northeast corner of Spring Valley Road and Inwood Road. A motion by Mayor Pro Tern Moses, a second by Councilman Bird, all voting "aye", approved Resolution No. 96-083 approving an agreement with St. Louis Southwestern Railway Company for relocating and upgrading the existing railroad warning signals located at the northeast corner of Spring Valley Road and Inwood Road in a lump sum of $69,595. D.7 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no travel reports or requests. D.8 CITIZEN PARTICIPATION. Mr. Nick Korba, 13210 Shahan Drive, addressed the Council with complaints about Vol. 72, Page 10 the northwest corner of Denton and Valley View Lane the Fred Marsh Building. Mr. Korba stated there have been no repairs in 36 years and the place is very shabby. Mr. Escalante stated staff would have a report after Community Services inspected the property. Mr. Korba also stated the City expects homeowners to maintain driveways and their property but there are driveways in the City that are not even paved and sidewalks that need repair. Mr. Korba also explained that Mr. Scales stated these driveways were exempt. Councilwoman Davis stated when the Property Maintenance Code was adopted, homes on Valley View Lane that do not have paved driveways were grandfathered. Mr. Scales, Director of Community Services, confirmed that existing driveways that did not conform to standard at the time the Property Maintenance Code was adopted were exempted. Mr. Scales stated the City staff as part of their routine Property Maintenance inspections, looks at driveways, and if repairs are needed, requests the property owners to make repairs. Mr. Scales also stated that Community Services advises the Public Works Department of sidewalks they find to be in poor condition. The Public Works Department has a program established where sidewalks are systematically repaired in residential areas of the City when they meet a certain criteria. Mr. Scales explained City staff does not exempt the Fred Marsh Garage or any other property from the requirements of the Property Maintenance Code. Mayor Phelps asked Mr. Scales if owners remodeled would they be required to bring a driveway up to code. Mr. Scales replied the driveway would not have to be brought up to code. Mayor Phelps asked Mr. Scales if staff has looked at the building on Valley View and Denton Drive. Mr. Scales stated staff has looked at the building on various occasions. Mr. Scales stated the canopy is continually damaged by equipment trucks making southbound turns, west onto Valley View Lane. Mr. Scales also stated Mr. Marsh has repaired the canopy on several occasions as well as trimmed the trees over the sidewalks and repaired broken windows. Mr. Scales stated Community Services would make an inspection on the property and report back to the City Council. Mrs. Frances Glancy, 3808 Wooded Creek Drive, stated that her home is located on the east side of Marsh Lane between Valley View Lane and Brookhaven Club Drive. Vol. 72, Page 11 Mrs. Glancy went on to explain this is a small area and she and her neighbors call it the "Messy Marsh Mudhole", not the "Best Living Place" in Farmers Branch. Mrs. Glancy stated she attended a February Neighborhood Meeting and asked two questions: (1) when would the underground sewer system be completed; and (2) when would the landscaping be completed. Mrs. Glancy was told they would both be completed by mid-March. Mrs. Glancy's question to the Council is when can messy Marsh expect the sod and plant life to be replaced in that area. Mayor Phelps asked Mr. Jerry Murawski, City Engineer, if the area by Wooded Creek was Addison's Project. Mr. Murawski stated Addison has not completed the work in Farmers Branch. Mr. Murawski explained Addison has had problems with their contractor and Farmers Branch has been working with both Addison and the contractor to complete the project. Mr. Murawski also stated the City will continue to work with Addison to get Marsh up to standards that are appropriate in Farmers Branch. Mr. Murawski reiterated Addison has had problems with their contractor and they have been putting forth the effort from their end. The contractor has not complied, but completion and full compliance is expected within the near future, and he will give the City Council an update. Mayor Phelps stated Addison still has their equipment in the left lane on the north bound side. Mr. Murawski stated they do, but the contractor has not completed its work. Councilwoman Davis asked Mr. Murawski if this was the tunnel project contractor or the landscaping contractor. Mr. Murawski stated it was the Addison tunnel contractor and the Lone Star Gas contractor. Mr. Murawski stated he did not have an update now but would have a report for the Council in the near future. Mr. Escalante stated the City has gotten numerous complaints and inquiries. He also stated Addison is having problems completing this project and these are two different contractors. Mr. Scales stated one is a joint project between the City of Farmers Branch and the Town of Addison with the Engineering Department supervising that portion which is complete. Mr. Escalante went on to explain the Addison project is a different contractor and is being managed by a different group using different construction techniques and they Vol. 72, Page 12 have run into some problems. Mr. Escalante stated the City will contact Addison and ask them to clean up and landscape the portion that is in Farmers Branch as quickly as possible. Mrs. Glancy asked when will messy Marsh get curbs. Mrs. Glancy asked Council to consider putting curbs on streets and stated Brookhaven College needs to trim trees and mow under the trees. Mrs. Glancy also stated there is a drainage ditch that needs to be cleaned out. Mrs. Glancy asked the Council to clean up messy Marsh, and finish what the City started 15 years ago to make it look like nice. Councilwoman Davis said if Marsh Lane and Farmers Branch Lane were to be country lanes and was this why there are no curbs. Councilwoman Davis explained this was her understanding. Mr. Murawski stated in the Vision 2010 process the City will evaluate Marsh Lane. Mr. Murawski also stated Marsh Lane is a very difficult street to address because there are many obstacles. Mr. Murawski explained the Vision 2010 process will identify alternatives and potential funding for improvements. Mr. Murawski stated again that the Vision 2010 process is to look at Marsh Lane and determine what can be done about the volume, speeds, number of accidents, condition of the south bound bridge which is periodically closed during heavy floods. Mr. Murawski stated all this will be reviewed at and presented in the 2010 program. Mr. Murawski stated the City would like to maintain the appearance that is there. Mr. Murawski stated again through Vision 2010 Marsh Lane will be a major topic and challenge the City needs to address. Mr. Escalante stated Farmers Branch Lane and Marsh Lane were planned as country lanes. Mr. Escalante explained Marsh Lane cannot effectively have a country lane appearance and function with the volume of traffic produced. Mr. Escalante stated the country lanes were a good concept but no one anticipated the volume of traffic. Mr. Escalante explained the City is making traffic improvements including installation of curbs at the intersection of Valley View Lane. Mr. Escalante stated at some point the character of Marsh Lane will have to be changed. Mr. Escalante referred to pavement, ditches, and width because this is not the way it was intended and originally designed. Mr. Escalante stated if Marsh Lane is widened or the bridge elevated, this will impact the adjacent property owners. Mr. Escalante explained some will view this as positive and others as very negative. Mr. Escalante explained this is what the City will have to resolve and when most decisions are made in Farmers Branch they are Vol. 72, Page 13 made with community input. Mr. Escalante stated keeping things the same will not work any more. Traffic volumes are too great and there are no alternatives that are reasonable to reduce the volume of traffic without creating problems elsewhere. Mr. Escalante also stated this is a very serious problem and a difficult one. Mr. Escalante stated the City will take immediate steps to add additional maintenance, and will work on what to do on Marsh Lane. Mayor Phelps stated this subject has been brought to the Council before and some citizens want to keep the country lane concept and this will be a difficult decision. Mr. Murawski stated Mrs. Glancy had also asked about Farmers Branch Creek. Mr. Murawski stated the part of the creek she asked about was privately owned. Mr. Bill Glancy, 3808 Wooded Creek Drive, stated he was involved in the design process while he was on Council and voted for Marsh to be a country lane; however, he did not know at the time that a country lane did not have curbs and gutters. Councilman Pyle stated the City Council needed to have a briefing on the current thought process on Marsh Lane. Mr. Escalante stated it would be put on the July Study Session. MAYOR PHELPS ANNOUNCED THAT THE ITEMS FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:00 P.M. STUDY SESSION. THE DISCUSSION BEGAN AT 6:25 P.M. AND CONCLUDED AT 7:35 P.M. FOR THE REGULAR CITY COUNCIL MEETING AND RESUMED AGAIN AT 9:35 P.M. AFTER THE REGULAR CITY COUNCIL MEETING AND CONCLUDED AT 10:23 P.M. MAYOR PHELPS 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 APPOINTMENTS OF COUNCILPERSONS TO VARIOUS ORGANIZATIONS. 2. DISCUSS APPOINTMENT OF A DIRECTOR FOR THE FARMERS BRANCH NEIGHBORHOOD CRIME WATCH PROGRAM. 3. DISCUSS APPOINTMENTS TO THE LIBRARY BOARD. Vol. 72, Page 14 4. DISCUSS APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION. 5. DISCUSS APPOINTMENT TO THE ZONING BOARD OF ADJUSTMENT AND THE BUILDING CODE BOARD OF APPEALS. 6. DISCUSS APPOINTMENT TO THE METROCREST HOSPITAL AUTHORITY. Mayor Phelps announced this item was not discussed in study session due to the length of the land acquisition discussion. E. lb DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS LAND ACQUISITION ASSOCIATED WITH THE DART TRANSIT STATION. 2. DISCUSS LAND ACQUISITION ASSOCIATED WITH THE RECONSTRUCTION OF DENTON DRIVE AND ROSSFORD ROAD. 3. DISCUSS LAND ACQUISITION ASSOCIATED WITH THE WIDENING OF MIDWAY ROAD. 4. DISCUSS LAND ACQUISITION ASSOCIATED WITH THE WIDENING OF SPRING VALLEY ROAD. Assistant City Manager John Burke and City Engineer Jerry Murawski gave a report on appraisals for possible land acquisition at several sites. E. lc DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE - SECTION 551.071 1. DISCUSS PENDING LITIGATION WITH PRISCILLA INNES, ET AL, VS. THE CITY OF FARMERS BRANCH, ET AL. 2. DISCUSS PENDING LITIGATION WITH GERALD BRUNO VS. THE CITY OF FARMERS BRANCH, ET AL. 3. DISCUSS PENDING LITIGATION WITH XIT PAVING AND CONSTRUCTION INC., VS. THE CITY OF FARMERS BRANCH. Mr. Joe Tooley, TML Attorney, gave a status report on the Priscilla Innes and Gerald Bruno cases. City Attorney John Boyle and City Engineer Jerry Murawski gave a status report on the XIT Paving and Construction, Inc. case. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported that no discussion on personnel matters was held due to the lengthy discussion of land acquisition. No action was necessary on this item. Vol. 72, Page 15 E.3 CONSIDER NECESSARY ACTION ON LAND ACQUISITION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported City Council authorized City staff to continue negotiations with land associated with the DART transit station. No action was necessary. Mayor Phelps reported City Council authorized City staff to continue negotiation with land associated with the reconstruction of Denton Drive and Rossford Road. No action was necessary. A motion by Mayor Pro Tem Moses, a second by Councilman Pyle, all voting "aye", authorized City staff to offer the property owners at the following addresses the following amounts for the purchase of land for the widening and improvement of Midway Road: 4205 LBJ Freeway for $18,077; 13342 Midway Road for $47,664; 13460 Midway Road for $23,211; 13500 Midway Road for $24,438; 13604 through 13740 Midway Road for $70,725; 4205 Sigma Road for $9,799; 13900 Midway Road for $43,563; 4100 Spring Valley for $11,056; and 13950 Midway Road for $43,133. Mayor Phelps reported City Council authorized City staff to continue negotiation with land associated with the widening of Spring Valley Road. No action was necessary. EA CONSIDER NECESSARY ACTION ON LITIGATION DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reported that Mr. Joe Tooley, an attorney for TML, gave a status report on the Priscilla Innes and Gerald Bruno cases. No action was necessary. Mayor Phelps reported that City Attorney John Boyle and City Engineer Jerry Murawski gave a status report on the XIT Paving and Construction, Inc. case. No action was necessary. F.1 ADJOURNMENT. A motion by Mayor Pro Moses, a second by Councilwoman Davis, all voting "aye", adjourned the meeting of June 3, 1996 at 10:58 p.m. ty Secretary Vol. 72, Page 16