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2006-05-01 CC Minutes (2)City of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, May 16, 2006 6:30 p.m. The following members of the City Council were present: Mayor Mayor Pro Tern Deputy Mayor Pro Tern Councilmembers Bob Phelps Charlie Bird Ben Robinson Junie Smith Tim O'Hare Bill Moses The following members of the Administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Assistant to the City Manager Director of Economic Development Finance Director City Engineer Director of Public Works Director of Parks and Recreation Acting Police Chief Fire Chief Director of Community Services Director of Communications Director of Equipment Services Library Director Recording Secretary Linda Groomer Mary Jane Stevenson Greg Vick Doug Conner Cindee Peters John Roach Norma Nichols Reed Charles Cox Jerry Murawski Mark Pavageaux Jeff Fuller David Hale Kyle King Michael Spicer Tom Bryson Don Moore Danita Barber Suzanne Reynolds Mayor Phelps called the City Council meeting of May 16, 2006 to order at 6:30 p.m. The meeting was televised. A.I INVOCATION AND PLEDGE OF ALLEGIANCE. Councilwoman Smith gave the invocation and Councilman O'Hare led the pledge of allegiance. Volume 97, page 19 A.2 PRESENTATION OF PROCLAMATION TO THE CITY OF FARMERS BRANCH BY DART FOR THE 10TH ANNIVERSARY IN THE RAIL SYSTEM. DART Board Chairman Mark Enoch presented to the Mayor and City Council an honorary proclamation celebrating the 10th anniversary of the City of Farmers Branch joining the DART Rail Starter System. D.6 CONSIDER ADOPTING RESOLUTION NO. 2006-058 FOR APPOINTMENT TO THE DALLAS AREA RAPID TRANSIT BOARD OF DIRECTORS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On June 22, 1998 Mr. Mark Enoch was named to represent the cities of Rowlett, Garland and Farmers Branch as a member on the Dallas Area Rapid Transit Board of Directors. The term of office for Mr. Enoch expires on July 1, 2006. A motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro Tem Robinson, all voting "aye," adopted Resolution No. 2006-058 reappointing Mark Enoch as representative to the DART Board of Directors. A.3 CONSIDER ACCEPTING A $10,000 DONATION FROM THE CARROLLTON FARMERS BRANCH ROTARY CLUB FOR PLAYGROUND EQUIPMENT FOR FARMERS BRANCH PARK AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Carrollton Farmers Branch Rotary Club would like to donate $10,000 to the City of Farmers Branch for the purchase of a piece of handicapped accessible playground equipment to be installed in the Farmers Branch Park playground located on Dennis Lane between Josey Lane and Valwood Parkway. The Rotary Club is interested in partnering with the City to provide play opportunities for children of all abilities. The City is matching funds by providing labor for installation, fall zone material, and a drainage system. Rotary's goal is to help provide and install special needs equipment in parks throughout the Metroplex. In that spirit, the Carrollton Farmers Branch Rotary Club is making a similar donation to the City of Carrollton. Members of the Carrollton Farmers Branch Rotary Club will assist with the installation of the equipment in both Farmers Branch and Carrollton. This is the third $10,000 gift from the organization to the City of Farmers Branch for playground equipment since February 2004. Regina Edwards, President of the Carrollton Farmers Branch Rotary Club, presented the donation of $10,000 from the Carrollton Farmers Branch Rotary Club to the City of Farmers Branch. Volume 97, page 20 The Director of Parks and Recreation recommends accepting the $10,000 donation from the Carrollton Farmers Branch Rotary Club. A motion by Deputy Mayor Pro Tem Robinson, seconded by Councilwoman Smith, all voting "aye," accepted the $10,000 donation from the Carrollton Farmers Branch Rotary Club. A.4 PROCLAIM MAY 14-20,2006 EMERGENCY MEDICAL SERVICES WEEK AND RECOGNIZE THE 25TH ANNIVERSARY OF PARAMEDIC AMBULANCE SERVICE IN FARMERS BRANCH. Mayor Phelps presented the following information. May 14-20, 2006 is National Emergency Medical Services, or EMS, Week. It honors the men and women all over the country who are dedicated to saving lives when accidents or sudden illnesses occur. This year's theme is "Serving on Health Care's Front Line." The Farmers Branch Fire Department is believed to be one of the first, if not the first, fire departments in Texas to begin ambulance service. This began in 1959 when Rhoten Funeral Home donated an ambulance to the Fire Department. This soon became an important service to the community; however, the early skill level was fairly low. The ambulance carried only a cot, oxygen masks and a few bandages. In the mid-1960's, national studies revealed that an injured American had a better chance of survival in a war than on the streets and highways of the United States. This led to the beginning of paramedic level service in Texas in the 1970's. The Farmers Branch Fire Department elevated to the Paramedic level of EMS in 1981 and placed a second ambulance in service. This year is the 25th Anniversary of Paramedic level EMS service in Farmers Branch. Many lives have been saved over this period as the number of EMS calls now average more than 2,000 per year. Today, when 9-1-1 is called, an ambulance equipped like a mini-emergency room will be on its way. The most important part of local EMS is the firefighters and paramedics who provide the service. These professionals are trained to get the patient stabilized and to the hospital in a very short period of time. They serve as a key part of the overall team of physicians, nurses, educators and administrators that comprise the overall emergency medical system. Mayor Phelps presented a proclamation to Fire Chief Kyle King, retired former Fire Chief Jack Dyer and Fire Department staff members proclaiming May 14-20 2006, as "National Emergency Medical Services Week," in Farmers Branch. A.5 PROCLAIM MAY 24, 2006 AS FARMERS BRANCH EMPLOYEE APPRECIATION DAY. Volume 97, page 21 Mayor Phelps presented the following information. The City of Farmers Branch employs 392 full-time and 94 part-time employees. Each of those individuals plays a vital role in providing the highest quality public service. The City Council, along with the residents and businesses of the community, recognizes their dedication and commitment to excellence in the practice of public service. Employees embrace the values of Respect, Integrity, Service, Excellence, and Results, and the mission "Exceeding Expectations" is an objective that all employees understand, strive for, and exhibit every day. During the past year, employees won numerous regional, state and national awards for their level of excellence and innovation in providing high quality city services. Esprit de Corps, a committee of 10 employee volunteers from various City departments, was formed to inspire the feeling of purpose and unity among city staff members. Esprit de Corps provides an opportunity for City employees to share ideas, gain new insights and have fun with co-workers across departmental lines, while providing opportunities for team building and community involvement. Recent community activities included donating dresses to the Prom Shop Project; donating $1,300 to the Hurricane Katrina Relief Fund, and sending over 100 care packages with over 2,200 items to the Naval Mobile Construction Battalion 22 while they were serving in Iraq. On Thursday, May 4, Jamie Warwick from the Naval Mobile Construction Battalion 22 came to City Hall to personally thank City employees and to present an American Flag that flew over their base in Iraq. As part of Employee Appreciation Day, the Mayor, City Council and City Manager will be serving lunch to employees on May 24th. Mayor Phelps read and presented a proclamation declaring May 24th as "Farmers Branch Employee Appreciation Day" to Espirit de Corps Committee representatives Chair Anne Coe, Margaret Somereve, Sallie Mullins and Melody Drake. A.6 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.7 REPORT ON STUDY SESSION ITEMS. Mayor and City Council gave a brief summary of the items discussed in Study Session. A.8 CANVASS THE ELECTION RETURNS OF MAY 13, 2006 CITY COUNCIL ELECTION. Mayor Phelps presented the following information. It appearing that Jim Smith received a majority of the votes cast for the office of Councilperson, Place 3, and Volume 97, page 22 is hereby declared to be elected to said office to serve after qualifying until the regular municipal election in 2009, and until a successor shall have been elected and shall have qualified. It appearing that Ben Robinson received a majority of the votes cast for the office of Councilperson, Place 5, and is hereby declared to be elected to said office to serve after qualifying until the regular municipal election in 2009, and until a successor shall have been elected and shall have qualified. Mayor Phelps administered the oath of office to Jim Smith to serve the office of Councilmember, Place 3. Mayor Phelps administered the oath of office to Ben Robinson to serve the office of Councilmember, Place 5. Mayor Phelps presented a Certificate of Election to Councilman Smith. Mayor Phelps presented a Certificate of Election to Councilman Robinson. Mayor Phelps stated Farmers Branch had an election on Saturday, May 13, 2006, and Place 3 and Place 5 were up for reelection. He stated the results were as follows: In place 3, Jim Smith received 430 votes, and Calla Davis received 302 votes. In Place 5, Ben Robinson received 511 votes. A motion by Deputy Mayor Pro Tem Robinson, seconded by Councilwoman Smith, with all voting "aye," adopted Resolution No. 2006-057 certifying the results of the May 13, 2006 City Council Election. A.9 PRESENTATION OF COUNCIL CERTIFICATE TO COUNCIL MEMBER JUNIE SMITH. Mayor Phelps presented a certificate, a wristwatch and a Council pin to Councilmember Junie Smith for her service to the City. Councilman Moses, Deputy Mayor Pro Tern Robinson, Councilman O'Hare, Mayor Pro Tern Bird and City Manager Linda Groomer, spoke in appreciation of Councilwoman Smith's service. A.10 ELECT MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM. A motion by Mayor Pro Tern Bird, seconded by Councilman Moses, all voting "aye," appointed Deputy Mayor Pro Tern Robinson to serve as Mayor Pro Tem. A motion by Mayor Pro Tem Bird, seconded by Councilman Moses, all voting "aye," appointed Councilman Tim O'Hare to serve as Deputy Mayor Pro Tem. A.11 RECESS. Volume 97, page 23 The Mayor called a 10-minute recess. The meeting was reconvened at 7:15 p.m. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. Mayor Phelps stated consent items are items that are to be considered 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 consent items is to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tem Robinson, seconded by Councilman Moses, all voting "aye," accepted the Consent Agenda as submitted. B.l APPROVED OF MINUTES OF CITY COUNCIL MEETING OF MAY 1, 2006. B.2 ADOPTED RESOLUTION NO. 2006-054 AUTHORIZING THE EXECUTION OF THE GAS STANDING STEERING COMMITTEE PARTICIPATION AGREEMENT AND ORDINANCE NO. 2863 SUSPENDING THE MAY 30, 2006 EFFECTIVE DATE OF THE GAS RELIABILITY INFRASTRUCTURE PROJECT (GRIP) RATE ADJUSTMENT PROPOSAL BY ATMOS ENERGY CORP, MID-TEX DIVISION. RESOLUTION NO. 2006-054 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE GAS STANDING STEERING COMMITTEE PARTICIPATION AGREEMENT. ORDINANCE NO. 2863 AN ORDINANCE BY THE CITY OF FARMERS BRANCH, TEXAS SUSPENDING THE MAY 30, 2006, EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID-TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2005; AUTHORIZING PARTICIPATION WITH THE GAS STANDING STEERING COMMITTEE IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL Volume 97, page 24 AND CONSULTANT EXPENSES; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. C.1 CITIZEN PARTICIPATION. No one was present to speak during citizen participation. D.1 CONSIDER ADOPTING RESOLUTION NO. 2006-047 AWARDING THE BID FOR MIRA LAGO PUBLIC IMPROVEMENTS, PHASE II TO WRIGHT CONSTRUCTION COMPANY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The Mira Lago Addition is located southwest of the Omni Hotel, south of IH 635, east of the Elm Fork of the Trinity River, and west of Farmers Branch Creek and Luna Road. The development is entirely within Tax Increment Financing Reinvestment Zone No. 1. The first development within the Mira Lago Addition is the Laguna Vista Apartments, a four-story building with 206 residential units, including first floor retail with office space, and a parking garage. The scheduled completion date is September 2006. The phase one street, water, sanitary sewer and storm sewer improvements were completed in Fall 2005 at a cost of approximately $790,000. The pedestrian amenities include enhanced pavement, sidewalks, and bollards along the street and in the plaza area. The sidewalks and amenities, which will be bid soon, are estimated at approximately $200,000 and will be funded with available TIF No. 1 funds. On March 28, 2006, six bids were received and opened for the construction of Mira Lago Public Improvements Phase II, which are the remaining main streets, water lines, sanitary sewers, and storm sewers within the Mira Lago Addition. The bids met all specifications. The lowest bid was received from Wright Construction Company in the amount of $1,649,803.45. Wright Construction Company has provided adequate references on similar work for other cities. The time of completion for this work is 240 calendar days. Since the funds from the developer have been received by the City, the project will be funded with $500,000 in TIF No. 1 funds and a developer advance of the project balance plus 10% contingencies. The City Engineer recommends adopting Resolution No. 2006-047 awarding the bid for Mira Lago Public Improvements Phase II to Wright Construction Company in the amount of $1,649,803.45. Councilman Bird asked for clarification regarding the bell tower that was supposed to have been part of the project. Volume 97, page 25 Community Services Director Michael Spicer stated his department has recently received an application to amend the site plan on two issues: parking and the removal of the bell tower. He stated staff has not formulated a recommendation regarding the application. Councilman Bird asked if the City had originally approved the project with the bell tower, and if the bell tower is not completed, whether the developer would receive a certificate of occupancy for the project. Mr. Spicer stated the project must be completed in accordance with the approved site plan prior to the issuance of a certificate of occupancy. He further stated that once the project is completed and the developer applies for a certificate of occupancy, staff would make a determination as to whether compliance with approved plans had been achieved. If not, the certificate of occupancy would not be issued. Councilman Bird asked if the certificate of occupancy would be approved without the bell tower. Mr. Spicer replied the City would only issue the certificate of occupancy without the bell tower if the site plan was amended and approved by the City Council. Councilman Bird stated he does not want to hold anything up; he just remembers the bell tower being such a prominent and attractive feature to the plans. Deputy Mayor Pro Tem O'Hare asked if this item would be on the next Council agenda. Mr. Spicer replied that it has yet to be scheduled and would probably come before Council in July or August. There being no further discussion, a motion by Mayor Pro Tem Robinson, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2006- 047 awarding the bid for Mira Lago Public Improvements Phase II to Wright Construction Company. D.2 CONSIDER APPROVING RESOLUTION NO. 2006-030 AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADVERTISING CONTRACT WITH TRAVELCLICK, INC. AND TAKE THE APPROPRIATE ACTION. Mayor Phelps presented the following information. Subject to approval by the City Council, the City of Farmers Branch will enter into a renewal agreement with TraveICLICK, Inc., a marketing firm that partners with Internet sites that book hotels for travelers, on behalf of Farmers Branch hoteliers. This program has been a success the last few years, and staff recommends that the City enter into another agreement with TraveICLICK, Inc. The system used by TraveICLICK places the advertisement of Farmers Branch hotels on the screen over 100,000 times daily while the travel agent is booking air flights into the Dallas area. The hotel community strongly supports this program. The TraveICLICK contract will commence September 2006 and end in May 2007. The contract will be paid from hotel motel funds. The prior contract that ended in March 2006 generated $1,360,000, an increase of 13.2% from the same time period of the prior year. The City continues to receive Volume 97, page 26 a substantial market share from the travel agents that are booking into the Dallas marketplace. Funding for this contract is available from the Promotion of Tourism budget that is funded by hotel motel monies. The Director of Economic Development and Tourism recommends approval of Resolution No. 2006-030 authorizing the City Manager to execute an advertising contract with TraveICLICK, Inc. in an amount not to exceed $134,642. Councilman Bird asked about the months of June, July and August. Assistant City Manager Greg Vick stated those months have not been strong for this particular contract. There being no further discussion, a motion by Deputy Mayor Pro Tern O'Hare, seconded by Mayor Pro Tern Robinson, all voting "aye," approved Resolution No. 2006-030 authorizing an advertising contract with TraveICLICK. D.3 CONSIDER ADOPTING RESOLUTION NO. 2006-046 AUTHORIZING THE SUBMISSION OF A PROJECT APPLICATION TO THE DALLAS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR 2006- 2007 AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch is eligible to receive $83,280 in Community Development Block Grant funding for the 2006-2007 fiscal year. This resolution would authorize the submission of a project application to Dallas County for the use of these funds for sidewalks along Havenhurst Street from Bee Street to Dennis Lane. According to Dallas County, these funds can be used for a variety of activities as long as they primarily benefit low-to-moderate income residents. In the past, Farmers Branch has used these funds for home rehabilitation, the addition of a code enforcement officer, a sewer rehabilitation program, new playground equipment and a bridge at Jaycee Park, and sidewalks along Cookscreek Place. The City is using the 2005-2006 fiscal year's funding of $103,031 for sidewalks along Bee Street. In addition, the City intends to utilize remaining funds from the 2004-2005 Cookscreek sidewalks project totaling $45,609.55 for the Bee Street sidewalks. The City Council held a public hearing regarding 2006-2007 projects on May 1, 2006, as required by Dallas County. Staff has prepared the application for funding of sidewalks on Havenhurst Street from Bee Street to Dennis Lane on the north side of the street. The estimated cost to complete the sidewalks on Havenhurst Street is $80,000. Construction on the project is expected to begin in the spring of 2007 and to be completed by that summer. Volume 97, page 27 Staff recommends adopting Resolution No. 2006-046 authorizing the submission of a 2006-2007 Community Development Block Grant project application to Dallas County for the funding of sidewalks on Havenhurst Street. There being no discussion, a motion by Councilman Moses, seconded by Councilman Smith, all voting "aye," adopted Resolution No. 2006-046 authorizing the submission of an application to the Dallas County Community Development Block Grant Program. DA CONSIDER ADOPTING RESOLUTION NO. 2006-055 AWARDING THE BID FOR THE CONSTRUCTION OF THE BEE STREET SIDEWALK IMPROVEMENTS BETWEEN VALWOOD PARKWAY AND HAVENHURST DRIVE TO KEN-DO CONTRACTING, LP AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2005-2006 Capital Improvement Program, Non-bond Fund provides $175,882 for the construction of new sidewalks along both sides of Bee Street between Valwood Parkway and Wicker Avenue where sidewalks currently do not exist. Between Havenhurst Street and Wicker Avenue the sidewalk will only be constructed on the east residential side. The revenues are from the Community Development Block Grant Program, a federal program to fund projects that benefit low-to-moderate income residents. Existing sidewalks along Bee Street will remain in place. On May 2, 2006, six bids were received and opened for Bee Street Sidewalks. Four bids met specifications. The low bid was received from Ken-Do Contracting, LP in the amount of $167,935. The contract time is 60 calendar days. Ken-Do Contracting, LP has submitted adequate qualifications and references and has done similar work for the City in the past. The remaining funds will be used for materials testing, estimated at $5,000, and for possible change orders. Any funds remaining at the conclusion of the project would be requested, through Dallas County, to be reallocated for future Community Development Block Grant projects in Farmers Branch. The City Engineer recommends the adoption of Resolution 2006-055 awarding the bid for the construction of sidewalks on Bee Street to Ken-Do Contracting, LP in the amount of $167,935. There being no discussion, a motion by Mayor Pro Tern Robinson, seconded by Councilman Smith, all voting "aye," adopted Resolution No. 2006-055 awarding the bid for Bee Street Sidewalks to Ken-Do Contracting, LP. D.5 CONSIDER ADOPTING RESOLUTION NO. 2006-056 AWARDING THE BID FOR VALLEY VIEW LANE WIDENING BETWEEN NICHOLSON ROAD Volume 97, page 28 AND THE WEST CITY LIMITS TO ED BELL CONSTRUCTION COMPANY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The widening of Valley View Lane from Nicholson Road to the west city limits is budgeted in the 2005-06 Capital Improvement Program, DART Local Assistance Program Fund in the amount of $2,527,588. The budget includes $520,000 in funds from Dallas County. Valley View Lane is presently a four-lane divided thoroughfare. Traffic has increased from 15,000 vehicles per day in 1995 to 25,000 vehicles per day in 2006. Substantially more traffic is expected from the proposed West Side development. Two additional lanes are proposed to be added to accommodate the growth in traffic. The project will also add one new inside lane in each direction by reducing the median width from its current thirty-three feet to thirteen feet, which is the typical median width throughout the City. Six bids were received and opened on April 27, 2006, with all bids meeting specifications. Ed Bell Construction Company submitted the low bid in the amount of $1,409,000. The contract time is 180 calendar days. Ed Bell Construction Company has provided adequate qualifications and references for similar work. When the construction of the new lanes is completed, streetlights and median enhancements will be installed under separate contracts at an estimated cost of $500,000. After all the improvements are completed, any unspent funds will be reallocated to other DART Local Assistance Program eligible projects in the 2006-07 CIP budget. The City Engineer recommends adopting Resolution No. 2006-056 awarding the bid for the Valley View Lane Widening from Nicholson Road to the west city limits to Ed Bell Construction Company in the amount of $1,409,000. There being no discussion, a motion by Councilman Bird, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2006-056, awarding the bid for Valley View Lane widening to Ed Bell Construction Company in the amount of $1,409,000. D.6 THIS ITEM WAS HEARD AFTER AGENDA ITEM A.2. D.7 CONSIDER APPOINTMENTS TO THE LIBRARY BOARD, COMMUNITY WATCH COMMITTEE, AND THE BRANCH REVITALIZATION TASK FORCE AND TAKE APPROPRIATE ACTION. Volume 97, page 29 A motion by Councilman Bird, seconded Councilman Smith, all voting "aye," move Lutha Grigsby to Place 7, Vicki Goode to Alternate Place 1 and Bruce Crozier to Alternate Place 2 to the Library Board. A motion by Deputy Mayor Pro Tem O'Hare, seconded by Councilman Smith, all voting "aye," appointed Jeff Brand, Ben Cunningham, Tim Scott and Pat Haggerty to the Branch Revitalization Task Force and appointed Ed Bonneau as the Chair of the Branch Revitalization Task Force. D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS, AND COUNCIL COMMITTEE AND ORGANIZATION REPORTS, AND TAKE APPROPRIATE ACTION. There were no Council travel reports, request or committee and organizational reports. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WOULD BE DISCUSSED AFTER THE REGULAR CITY COUNCIL STUDY SESSION MEETING. THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 8:15 P.M. IN THE STUDY SESSION ROOM, AND CONCLUDED AT 9:20 P.M. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION, ECONOMIC DEVELOPMENT AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 DISCUSS ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT CODE SECTION 551.087. Discuss economic development incentives for businesses with which the City is conducting economic development negotiations. Mayor Phelps stated there was no business to discuss on this item. E.2 DISCUSS LAND ACQUISITION - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss Farmers Branch Keenan Cemetery. Discuss lease agreement for soccer complex near Keenan Bridge Road. Discuss land sale, purchase, trade or lease of properties in the DART Station Area located in Farmers Branch, Texas. Volume 97, page 30 Mayor Phelps stated staff was present to update the City Council. E.3 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551-.071. Discuss environmental issues associated with the Univar property (formerly Van Waters and Rogers) located at 4707 Alpha Road. Mayor Phelps stated staff was present to update the City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps reconvened the meeting into open session and reported that City Council was updated on items in executive session and no action was necessary. F.2 ADJOURNMENT. A motion by Mayor Pro Tem Robinson, a second the Councilman Smith, all voting "aye", adjourned the City Council meeting of May 16AO06 at 9:23 p.m. Bob Phelps, Mayor r Cindee Peters, City Secretary Volume 97, page 31