1997-07-11 CC MinutesL
CITY OF FARMERS BRANCH
CITY COUNCIL SPECIAL MEETING
JULY 11, 1997
STUDY SESSION ROOM
1:30 P.M.
The following members of the City Council were present:
Mayor
Mayor Pro Tem
Councilmembers
Bob Phelps
Calla Davis
Berry Grubbs
Bill Moses
Charlie Bird
James Robbs
The following members of the City Administration were present:
City Manager Richard Escalante
City Secretary Cindee Peters
City Attorney John Boyle
Assistant City Manager John Burke
City Engineer Jerry Murawski
Director of Economic Development Norma Nichols
MAYOR'S ANNOUNCEMENT
Mayor Phelps announced that the items in Executive Session would be heard before the
General Session agenda items.
MAYOR PHELPS ANNOUNCED THE CITY COUNCIL CONVENED INTO
EXECUTIVE SESSION AT 1:37 P.M. AND CONCLUDED AT 2:07 P.M. FOR THE
GENERAL SESSION. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE
OPEN MEETINGS LAW PROVIDES THAT SUCH ITEMSS AS PERSONNEL
MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED
LITIGATION MAY BE DISCUSSED IN CLOSED SESSION.
DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS
GOVERNMENT CODE - SECTION 551.071
DISCUSS PENDING LITIGATION RELATED TO THE
CARROLLTON/FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT
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ATTENDANCE ZONE ISSUE.
City Attorney John Boyle updated the City Council on the attendance zone issue.
CONSIDER NECESSARY ACTION ON LITIGATION DISCUSSED IN THE
EXECUTIVE SESSION.
Mayor Phelps asked if there was anyone in the audience that wished to speak on this
item.
Mr. Fred Johnson, 12212 Ridgefair, stated he has loved Farmers Branch for over 30
years. Mr. Johnson felt it may be necessary for a higher authority to rule on the
differences between the City of Farmers Branch and the School Board. Mr. Johnson
explained the crime rate may possibly worsen because under educated children may
gravitate toward a life of crime. Mr. Johnson explained no advance classes will be
offered at R. L. Turner because there will be no demand for these type classes. Mr.
Johnson felt these grievances must be addressed.
Mr. Jim Barrett, 3411 Gatwick, stated he has children in the district. Mr. Barrett
explained he discussed his concerns regarding the attendance zones with the
Superintendent last year and was told there was no need to worry. Mr. Barrett stated he
was very disappointed and believes there is an equity problem. Mr. Barrett stated the
meeting held by the School Board last night was not a meeting but a lynching. Mr.
Barrett stated the issues were not addressed during the meeting, just a personal attack on
the City Council. Mr. Barrett thanked the City Council for looking after the children in
Farmers Branch.
Ms. Judy McClung Tepper, stated her children cannot wait to attend R. L. Turner, and
also explained it is a great school now and will always be a great school.
Mayor Phelps called for necessary action on litigation.
A motion by Deputy Mayor Pro Tem Bird, a second by Councilman Moses, all voting
"aye", authorized and directed the City Attorney and City Manager to file complaints
with the Department of Justice, Department of Education, Office of Civil Rights and the
Texas Education Agency and to take such other action to process those complaints.
CONSIDER ADOPTING RESOLUTION NO. 97-098 TO APPROVE ECONOMIC
DEVELOPMENT PROGRAM CRITERIA FOR PROPERTY LOCATED AT ALPHA
LINK AND VALLEY VIEW LANE. FARMERS BRANCH, TEXAS AND TAKE
APPROPRIATE ACTION.
Mayor Phelps gave the following information for consideration. Granite Properties
contacted the City in 1997 to determine interest in selling a 3.498 acre tract of property, a
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portion of the city right-of-way at Alpha Link and Valley View. The property was "left
over" right-of-way from the construction of Alpha Road. After a series of negotiations,
the City Council agreed to sell 3.498 acres to Granite Properties for $2.50 per sq. ft. for a
total of $380,940.
City owned property is normally sold under a sealed bid process in accordance with State
Law. Chapter 380 of the Texas Tax Code allows for a negotiated sale procedure if a city
develops an economic policy allowing for the sale and conveyance of property under said
law. The City Council approved a Comprehensive Policy Statement on Local Economic
Development and Business Incentives on January 6, 1997 that provides for the sale and
conveyance of certain city owned property through a negotiated sale to promote quality
development. Economic Development criteria projecting economic impact, including job
creation and income generation is necessary in order to sell city owned property under
this program.
The contract for sale of the property is a related item on this agenda. Staff recommends
that City Council adopted Resolution 97-098.
A motion by Councilman Moses, a second by Councilman Robbs, all voting "aye",
adopted Resolution 97-098.
CONSIDER ADOPTING RESOLUTION NO 97-104 APPROVING AN AGREEMENT
WITH BLUE LAKE PARTNERS, LIMITED FOR THE PURCHASE OF RIGHT-OF-
WAY ON ALPHA LINK AND TAKE APPROPRIATE ACTION.
Mayor Phelps gave the following information for consideration. Blue Lake Partners,
Limited, also known as Granite Properties, is the owner of the office complex along
Midway Road called The Centre. The City needs to acquire property from Blue Lake
Partners, Limited, for the widening of Midway Road. Blue Lake Partners, Limited, wants
to purchase from the City excess right-of-way adjacent to The Centre to be developed as a
high rise office site. The right-of-way presently includes Alpha Link Road and excess
right-of-way at Valley View Lane and Alpha Road. An agreement has been negotiated
between Blue Lake Partners, Limited, and the City that provides for the purchase of right-
of-way by the City in the amount of $193,599 and the sale of right-of-way to Blue Lake
Partners, Limited in the amount of $380,940. The agreement also provides
reimbursement to Blue Lake Partners, Limited, up to $77,000 for replacement of the
landscaping and irrigation that will be removed for the widening of Midway Road.
Approval of economic development criteria is a related item on this Council agenda.
Staff recommends adopting Resolution No. 97-104 approving an agreement with Blue
Lake Partners, Limited for the purchase of right-of-way for Midway Road and the sales of
excess right-of-way on Alpha Link Road.
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Mr. Mike Moray, of Granite Properties, stated he was available to answer any questions
the City Council might have.
City Manager Richard Escalante stated the agreement was just handed to the City Council
prior to the meeting. Mr. Escalante stated staff would be available to answer any
questions.
Mayor Pro Tem Davis asked if Holiday Park would be retained by the City.
City Manager Richard Escalante stated the City would retain ownership of Holiday Park.
Assistant City Manager John Burke stated Holiday Park is approximately one acre.
Councilman Grubbs asked if the City had other agreements that were similar.
City Attorney John Boyle stated this was an original.
City Manager Richard Escalante explained regarding the sale it is contingent upon all
zoning and platting processes taking place. Mr. Escalante stated the agreement has a
condition that the City will receive additional compensation or the property will revert
back to the City should the building not be constructed.
A motion by Councilman Robbs, a second by Mayor Pro Tem Davis, all voting "aye
adopted Resolution 97-104 approving an agreement with Blue Lake Partners, Limited for
the purchase of right-of-way for Midway Road and the sales of excess right-of-way on
Alpha Link Road.
ADJOURNMENT.
A motion by Councilman Grubbs, a second by Mayor Pro Tern Davis, all voting "aye",
adjourned the special City Council meeting of July 11, 1997 at 2:32 p.m.
Iyor t
City Secretary
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