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2005-05-02 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, May 2, 2005 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem Councilmembers Bob Phelps Bill Moses Charlie Bird Junie Smith Ben Robinson Paul Walden The following members of administration were present: City Manager Assistant City Manager Assistant City Manager City Attorney City Secretary Assistant to the City Manager Finance Director Director of Economic Development Director of Public Works Director of Community Services Director of Parks and Recreation Police Chief Fire Chief Library Director City Engineer Director of Communications Director of Equipment Services Recording Secretary Linda Groomer Mary Jane Stevenson Greg Vick John Boyle Cindee Peters John Roach Charles Cox Norma Nichols Mark Pavageaux Michael Spicer Jeff Fuller Jimmy Fawcett Kyle King Danita Barber Jerry Murawski Tom Bryson Don Moore Suzanne Reynolds Mayor Phelps called the City Council meeting of May 2, 2005 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Walden presented the invocation and led the pledge of allegiance. Volume 95, page 21 A.2 CONSIDER ACCEPTING THE CORENET GLOBAL ECONOMIC DEVELOPMENT AND ACCOMPLISHMENT AWARD FOR "LEADERSHIP AND INNOVATION" AND RECOGNIZING THE TEAM RESPONSIBLE FOR BRINGING THIS PRESTIGIOUS AWARD HOME TO FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. For the innovative incentive package that resulted in the relocation of JPMorgan Investment Services' global investment service division from New York City to north Texas, the City of Farmers Branch was recognized April 19th with the prestigious CoreNet Global Economic Development and Accomplishment Award for "Leadership and Innovation." Given in ceremonies at the CoreNet Global Summit in Toronto, the award recognized the incentive package that included $1.2 million in annual property tax abatements, $4.6 million in sales tax exemption and more than $932,000 in training grants. Farmers Branch received one of the only two awards bestowed in the Leadership and Innovation category. The State of Texas boasted another award to another Texas city, as the San Antonio Economic Development Foundation was the recipient of the award in the category of Major Projects/Deals. The Pearland, Texas Economic Development Corporation was also a finalist. Economic Development Director Norma Nichols, Finance Director Charles Cox and City Attorney John Boyle made the Farmers Branch finalist presentation to a distinguished panel of judges at Princeton University in March. The Mayor received the award in ceremonies in Toronto April 19th. Present at the meeting was former City Manager Richard Escalante who was also instrumental in assembling the incentive package that helped to bring JPMorgan from the streets of Manhattan to the Dallas North Tollway here in Farmers Branch. According to the website, CoreNet Global is the "world's premier association for corporate real estate and related professionals" with headquarters in Atlanta, Georgia, and regional offices in Brussels, Belgium, Sao Paulo, Brazil, Hong Kong, China, London, England and Sidney, Australia. The City Council heartily congratulates each and every member of the team that was responsible for the JPMorgan deal and for bringing this prestigious international award home to Farmers Branch. Mayor Phelps presented the CoreNet Global Economic Development and Accomplishment Award for "Leadership and Innovation" to City Manager Linda Groomer and to Economic Development Director Norma Nichols, Finance Volume 95, page 22 Director Charles Cox, City Attorney John Boyle and Vice-Chancellor for Administrative Services for The University of North Texas Richard Escalante. A.3 CONSIDER PROCLAIMING MAY AS OLDER AMERICANS' MONTH IN FARMERS BRANCH AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. May is nationally recognized as Older Americans' Month. The Parks and Recreation Department and the Senior Advisory Board request that the City Council proclaim May as Older Americans' Month in Farmers Branch, which will help make the public aware of the wide array of programs and activities available in Farmers Branch for senior citizens. The following highlighted activities will be offered in May at the Senior Center. • Band dances at the Senior Center every Monday night except Memorial Day, May 30th • May Breakfast, Monday, May 2hhd, 8:15 a.m. • Senior Citizen Volunteer Recognition Banquet at the Senior Center, Wednesday, May 4th, 11:00 a.m. • Birthday celebration and luncheon, Wednesday, May 18th, noon • May trips on: May 5th to Sam Pack's Vintage Automobile Collections May 13th to the Garland Symphony May 18th to the Modern Museum of Art and May 26th to Lone Star Park Mayor Phelps read and presented a proclamation to Katie Roberts, Senior Advisory Board Chair, representing Farmers Branch senior citizens. A motion by Mayor Pro Tem Moses, seconded by Deputy Mayor Pro Tem Bird, all voting "aye," proclaimed May as Older Americans' Month in Farmers Branch. A.4 CONSIDER PROCLAIMING MAY AS ASIAN AMERICAN HERITAGE MONTH AND TAKE APPROPRIATE ACTION. Mayor Phelps read and presented a proclamation declaring May as "Asian American Heritage Month" to Milton Nee, a Farmers Branch resident and business operator, along with Robert Yang, Rue Liu and Sam Tung of the local Asian American business community. A.5 CONSIDER ACCEPTING A $10,000 DONATION FROM THE CARROLLTON FARMERS BRANCH ROTARY CLUB FOR PLAYGROUND EQUIPMENT FOR SQUIRE 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 Volume 95, page 23 for the purchase of a piece of handicapped accessible playground equipment to be installed in the Squire Park playground. 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, a drainage system, and a concrete border. Rotary's goal is to help provide and install equipment in several parks in the area for children with special needs so that all children throughout the Metroplex can enjoy city playgrounds. 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 second $10,000 gift from the organization to the City of Farmers Branch for playground equipment since February 2004. This year's donation is especially significant because it is the Club's Centennial Project and demonstrates great dedication to the community in honor of Rotary's 100x' anniversary. Regina Edwards, President-Elect of the Carrollton Farmers Branch Rotary Club, and Park Superintendent Charles Cancellare presented photographs to Council of the equipment, which will be installed. Ms. Edwards presented to Mayor and City Council a $10,000 donation from the Carrollton-Farmers Branch Rotary Club. A motion by Deputy Mayor Pro Tern Bird, seconded by Mayor Pro Tern Moses, all voting "aye," accepted the $10,000 donation from the Carrollton Farmers Branch Rotary Club. A.6 CONSIDER RECOGNITION OF CITY EMPLOYEES' FUNDRAISING EFFORTS ON BEHALF OF VICTIMS OF THE DECEMBER 2004 TSUNAMI AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. To help the international community, the employees at the City of Farmers Branch have collected $1,100.00 they wish to donate to UNICEF and the American Red Cross for the Tsunami Relief Fund. Money collected will help with the devastation caused by the earthquake and tsunami that hit many parts of Asia and East Africa in December 2004. Both UNICEF and the American Red Cross have been instrumental in helping survivors reclaim their lives, homes, and villages from the worst disaster in decades. During February 7-11, 2005, employees sponsored and participated in various fund-raising activities to show their generosity and support for the victims of the tsunami. Activities included sending valentine greetings to friends or co-workers, buying passes to "dress casual" for one week, and placing change in tsunami relief donation jars located in various City departments. Volume 95, page 24 A special "thank you" is extended to all employees of the City of Farmers Branch for making this effort a success. Appreciation is also extended to the following employees who assisted with the planning and organization of the fund-raising events and are present this evening: Baby Raley, Cindy Slate, Becki Olmstead and Connie Stewart from the Human Resources Department, and Kaizer Rangwala from the Community Services Department, Kelli Smith, Kimberly Jolly-Chapman, and Anne Coe from the Parks and Recreation Department and Rose Ann Baumer from Community Services also assisted in the fund-raising event. Mayor Phelps presented a certificate to Baby Raley, Cindy Slate, and Connie Stewart of the Human Resources Department for the city's employee fund-raising efforts for the tsunami victims. Mayor Phelps presented the employees' donations to Nancy Latner with UNICEF and Linda Liscomb with the American Red Cross. A.7 CONSIDER RECOGNITION OF THE ASE BLUE SEAL OF EXCELLENCE PROGRAM TO THE CITY OF FARMERS BRANCH EQUIPMENT SERVICES DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The National Institute of Automotive Service Excellence better known as ASE has a program to recognize commitment to excellence called the ASE Blue Seal of Excellence. To qualify, an entity must be a repair, support or parts business and meet specific criteria. Required as part of the criteria, at least 75% of the technicians performing diagnosis and repairs must be certified by ASE. In addition, the organization must also have at least one technician ASE certified in each area of service offered. ASE reviews the entity's program status annually to ensure professional certification credentials remain current. The Farmers Branch Equipment Services Department has exceeded these criteria by having 100% of their technicians ASE certified in at least one area. Individual accomplishments are as follows: Mayor Phelps presented a plaque to Equipment Services Director Don Moore and his employees and congratulated them for all their efforts in receiving the National Institute of Automotive Service Excellence. 1. Terry Kader: Master Automotive Certified and 4 Medium/Heavy Truck Certifications 2. Kevin Hickey: 5 Medium/Heavy Truck Certifications 3. Abel Isidro: Master Automotive Certified and 4 Medium/Heavy Truck Certifications 4. Michael Jeanne: 4 Automotive and 2 Medium/Heavy Truck Certifications Volume 95, page 25 5. John Carnal: Master Automotive Certified, Advance Engine Certification and 7 Medium/Heavy Truck Certifications 6. John Hunter: 6 Automotive Certifications, 1 Medium/Heavy Truck Certification and 2 Emergency Vehicle Technician (EVT) Certifications 7. Richard Ortiz (Apprentice Technician): 1 Automotive Certification 8. Matt Brown: Master Automotive Certified and Advance Engine Certification Equipment Services is one of only 14 municipal fleets in the State of Texas to be currently recognized with the ASE Blue Seal of Excellence. A.8 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.9 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and City Council gave a brief summary of the items discussed in Study Session. 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 the consent items is to speed up discussion for those items that need more time for discussion. A motion by Mayor Pro Tern Moses, seconded by Councilwoman Smith, all voting "aye," approved the Consent Agenda as submitted. B.1 APPROVED OF MINUTES OF CITY COUNCIL MEETING OF APRIL 4, 2005. B.2 ADOPTED RESOLUTION NO. 2005-064 RATIFYING EMERGENCY CHANGE ORDER NO.2 TO A CONTRACT WITH HALL ALBERT CONSTRUCTION COMPANY FOR THE REHABILITATION OF WATER AND SANITARY SEWER LINES. B.3 ADOPTED RESOLUTION NO. 2005-039 AWARDING THE CAMELOT LANDFILL GAS FLARE ELECTRICAL CONNECTION TO CHICKASAW ELECTRICAL CORPORATION. B.4 ADOPTED RESOLUTION NO. 2005-065 AWARDING THE BID FOR JOSEY LANE MEDIAN ENHANCEMENT TO TEXAS ENVIRONMENTAL MANAGEMENT, INC. Volume 95, page 26 B.5 ADOPTED RESOLUTION NO. 2005-063 AWARDING THE BID FOR COOKSCREEK PLACE SIDEWALKS TO KEN-DO CONTRACTING, L.P. C.1 CITIZEN PARTICIPATION. John Wells, 13521 Heartside Place, asked for clarification about the May 16th City Council meeting. Mayor Phelps stated there would be a City Council meeting on May 16, 2005. C.2 PUBLIC HEARING: CONSIDER FUNDING PROPOSALS UNDER THE DALLAS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch is eligible to receive $103,031 in Community Development Block Grant funds from Dallas County for the fiscal year beginning October 1, 2005. Projects that are eligible for community development block grants are those projects that promote low-income home ownership, improve or maintain existing low-to- moderate income neighborhoods or eliminate community-threatening conditions. Two areas of the City meet qualifications to receive CDBG funds. Projects can be anywhere in Farmers Branch as long as the low-to-moderate income standard is met. Examples of eligible projects include water and sewer replacements, sidewalks, road projects, park rehabilitation and code enforcement projects. In the past, the City of Farmers Branch has used a significant portion of its grants to fund the HOME program. Since 1994 the City has received $664,142 through this program, which was used to repair over twenty homes. However, due to the Housing and Urban Development Department's regulations on lead-based paint, the County has discontinued the HOME program. The 2002-2003 funding was used for playground replacement at Jaycee Park, and the 2003-2004 funding was used for a pedestrian bridge over Cooks Creek in Jaycee Park. The 2004-2005 project is for sidewalks along Cookscreek Place. A public hearing conducted by participating entities is required by Dallas County before the governing body can submit a proposal for the Community Development Block Grant. The purpose of the public hearing is to allow residents input on how the funds should be spent. Funding proposals must be submitted to Dallas County by June 3rd. A resolution for the City's proposal will be prepared for Council approval at the May 10h meeting. Staff recommends that a public hearing be held for public input on the use of Community Development Block Grants. Volume 95, page 27 Mayor Phelps opened the public hearing. There being no further comments, a motion was made by Mayor Pro Tem Moses, seconded by Councilman Robinson, all voting "aye," to close the public hearing. D. I CONSIDER ADOPTING RESOLUTION NO. 2005-057 APPROVING AN INTERLOCAL AGREEMENT WITH DALLAS COUNTY FOR ROTOMILLING SERVICES AND USE OF DALLAS COUNTY'S CONTRACTOR TO RESURFACE SELECTED STREETS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2004-05 Capital Improvement Program includes $1,544,700.00 for the street resurfacing program to maintain the annual goal of resurfacing eleven lane miles. Sections of streets to be resurfaced this year include: STREETS: Brisbane Avenue Cherrydale Lane Dennis Lane Eric Lane Heartside Place Hollandale Lane Littlecrest Drive Longmeade Drive Maydelle Lane Primrose Lane Rawhide Parkway Springvale Lane LIMITS: Myra Lane to Brincrest Drive Glenside Drive to Belfield Drive Valley View Lane to Josey Lane Josey Lane to Webb Chapel Road Valwood Parkway to Fyke Road Queens Chapel Road to Webb Chapel Road Josey Lane to Rawhide Parkway Dennis Lane to Rawhide Parkway Josey Lane to Austell Parkway Veronica Road to Webb Chapel Road Josey Lane to Webb Chapel Road West cul-de-sac to Josey Lane The resurfacing will include rotomilling to remove old asphalt or to provide a wedge in the concrete gutter in order to maintain drainage continuity along the street; repairing major concrete cracks in the curbs and pavement, repairing subgrade, installing manhole and valve risers, laying a new asphalt surface, and replacing pavement markings and traffic loop detectors. The total cost of this year's street resurfacing is estimated to be $1,151,004. As in previous years, it is proposed that the City utilize Dallas County's equipment and personnel for rotomilling and the County's asphalt paving contractor to resurface the selected streets. An interlocal agreement with Dallas County has been negotiated to utilize the County's forces and contractor for the rotomilling and resurfacing based on unit prices and hourly rates in an amount not to exceed $512,230. The rotomilling price is estimated at $1.50 per square yard. The asphalt price is $31.09 per ton plus mileage for a total estimated price of $31.39 per ton. The resurfacing work will take place this summer. Volume 95, page 28 Concrete repairs are made prior to resurfacing to maximize the effective life of the new asphalt surface. The concrete repairs will include repairing broken curbs, replacing severely cracked concrete panels, and installing barrier free ramps on the sidewalks at the street intersections. There being no discussion, a motion by Mayor Pro Tern Moses, seconded by Councilwoman Smith, all voting "aye," approved an interlocal agreement with the County of Dallas for rotomilling services and use of Dallas County's contractor to resurface selected streets in an amount not to exceed $512,230. D.2 CONSIDER ADOPTING RESOLUTION NO. 2005-066 APPROVING THE TAKEOVER AGREEMENT FOR THE WESTSIDE PUMP STATION WITH NAS SURETY GROUP AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The construction of a new pump station with a back-up generator adjacent to the Wicker Avenue Pump Station is budgeted in the 2004-05 Non-bond Utility Fund budget in the amount of $2,706,538. The construction of the new facility was awarded to TNG Services, Inc. on August 18, 2003 in the amount of $2,027,560.00 with a completion scheduled for February 2005. Two change orders, approved by the City Council, relative to pumps, motors, and the steel encasement of the piers increased the total contract amount to $2,065,560.00. TNG Services, Inc. completed a portion of the project and received progress payments for that work in the amount of $1,394,708.48. TNG Services, Inc. subsequently defaulted on the contract by failing to complete the entire project. NAS Surety Group provided the performance bond for the project and has taken the responsibility for completing the project. NAS Surety Group has provided a Takeover Agreement to the City of Farmers Branch wherein NAS Surety Group will complete the project as the contractor using a subcontractor, Holleman Construction Company Inc., to perform the work. The City will make progress payments to NAS Surety Group as the work progresses with the total amount not to exceed the unpaid balance of the contract. The Takeover Agreement provides for NAS Surety Group to begin work after the execution of the Takeover Agreement and to complete the project within 140 calendar days. The Takeover Agreement keeps the existing payment, performance, and maintenance bonds in effect. Mayor Pro Tem Moses asked if the only additional expense would be the salary for the 140 days. City Engineer Murawski replied yes. Mayor Pro Tern Moses asked if soil was tested prior to the commencement of this work. Mr. Murawski replied it was tested. Volume 95, page 29 There being no further discussion, a motion by Mayor Pro Tern Moses, seconded by Deputy Mayor Pro Tern Bird, all voting "aye," adopted Resolution No. 2005- 066 approving the Takeover Agreement for the Westside Pump Station with NAS Surety Group for the completion of this project. D.3 CONSIDER ADOPTING RESOLUTION NO. 2005-043 AWARDING THE BID FOR THE WESTSIDE SANITARY SEWER LIFT STATION TO PATCO UTILITIES, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The construction of the Westside Sanitary Sewer Lift Station, a new sanitary sewer lift station to be located east of Luna Road and north of the Parkwest Development, is budgeted in the amount of $1,480,000 in the 2004-05 Capital Improvement Program, Tax Increment Financing District No. 1 Fund. On February 8, 2005 five bids were received and opened for the Westside Sanitary Sewer Lift Station. Four of the five bids received met specifications. Patco Utilities, Inc. submitted the lowest bid meeting specifications in the amount of $625,370.75. Patco Utilities, Inc. has provided qualifications and references for similar work. The contract time is 180 calendar days. Under the provisions of Development Agreement No. 6 with American Realty Trust, Inc., approved by the City Council on March 1, 2004, American Realty Trust, Inc. must advance the funds for the construction of the sanitary sewer lift station plus ten percent contingencies before the construction bid is awarded. The City has received $687,907.83 from American Realty Trust, Inc., which satisfies the requirement. There being no discussion, a motion by Councilman Walden, seconded Councilman by Robinson, all voting "aye," adopted Resolution No. 2005-043 awarding the bid for the Westside Sanitary Sewer Lift Station to Patco Utilities, Inc. in an amount of $625,370.75. DA CONSIDER ADOPTING RESOLUTION NO. 2005-062 AWARDING BIDS TO VARIOUS VENDORS FOR CHEMICALS AND FERTILIZERS FOR THE PARKS AND RECREATION DEPARTMENT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Bid requests for the annual supply of chemicals and fertilizers for the Parks and Recreation Department were advertised and sent to eight vendors. Seven bids were returned and opened on April 7, 2005. All vendors were notified in the specifications that the quantities were estimates and that the City may purchase adjusted quantities of each product. The lowest bids received meeting specifications were from BWI Companies, Inc. for seven Volume 95, page 30 items; Estes, Inc. for twenty-four items; Excel Garden Products for five items; Helena Chemical Co. for four items; Lesco, Inc. for four items; and Verdicon for five items. Staff recommends awarding to the low bidders that meet specifications for each item. The total cost of the low bid items meeting specifications is $88,146.13. There is $95,500 budgeted for the annual supply of chemicals and fertilizers in the 2004-2005 budget. There being no discussion, a motion by Councilman Robinson, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2005-062 awarding bids for an annual supply of chemicals and fertilizers for the Parks and Recreation Department to BWI Companies, Inc. in the amount of $5,447.02; Estes, Inc. in the amount of $52,929.81; Excel Garden Products in the amount of $3,319.90; Helena Chemical Co. in the amount of $2,540.00; Lesco, Inc. in the amount of $2,892.80; and Verdicon in the amount of $21,016.60 for a total award of $88,146.13. D.5 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, THE COMMUNITY WATCH COMMITTEE, THE LIBRARY BOARD, THE PLANNING AND ZONING COMMISSION, THE TAX INCREMENT FINANCING REINVESTMENT ZONE NO. 1 BOARD, AND THE ANIMAL SHELTER ADVISORY COMMITTEE AND TAKE APPROPRIATE ACTION. Mayor Phelps stated the School-Community Relations Committee would be brought back to the May 16t1i City Council meeting. A motion by Councilman Robinson, seconded by Councilman Walden, all voting "aye," appointed Tony Munoz to the School-Community Relations Committee. A motion by Councilwoman Smith, seconded by Mayor Pro Tem Moses, all voting "aye," reappointed Tommy Counts to the Community Watch Committee. Mayor Phelps stated the Library Board would be brought back to the May 16th City Council meeting. A motion by Deputy Mayor Pro Tem Bird, seconded by Mayor Pro Tem Moses, all voting "aye," appointed Vicki Goode to the Library Board position vacated by Betsy Armstrong. Mayor Phelps stated the Planning and Zoning Commission would be brought back to the May 16th City Council meeting. A motion by Mayor Pro Tem Moses, seconded by Councilman Robinson, all voting "aye," reappointed Michael Spicer, John Burke, Linda Groomer, Margaret Volume 95, page 31 Somereve, Jerry Murawski, Jeff Fuller and Mary Jane Stevenson to the Tax Increment Financing Reinvestment Zone No. One Board. Mayor Phelps stated the Animal Shelter Advisory Committee would be brought back to the May 16th City Council meeting. D.6 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. Mayor Phelps reported that City Manager Linda Groomer, Economic Development Director Norma Nichols and he traveled to Toronto to receive the CoreNet Global Economic Development and Accomplishment Award for "Leadership and Innovation." Mayor Phelps stated that he and staff are very proud of this award. City Manager Linda Groomer echoed Mayor Phelps, stating she was proud to be part of a team that brought the award back to Farmers Branch. Ms. Groomer said it is an honor to have JPMorgan as one of the businesses located in Farmers Branch. Ms. Groomer reported on the International City Management Association "Best Practices" Conference she attended last week. Ms. Groomer stated she also attended a seminar entitled "Going from Good To Great" and after reassessing what some of the departments at the City are doing, they will be going "From Great to Greater." Ms. Groomer stated she came back with some good information and appreciated the opportunity to attend the session. D.7 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Councilwoman Smith report on the Metrocrest Hospital Authority meeting she attended on April 19th. Councilwoman Smith also attended the Planning and Zoning Commissions lecture series on April 25th, featuring Ron Witten as guest speaker on "Retail Multi-Family Residential Trends." MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:30 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:15 P.M. AND RECESSED AT 6:33 P.M. AND RECONVENED AT 6:45 P.M. AND THEN CONCLUDED AT 7:25 P.M. TEXAS GOVERNMENT CODE CHAPTER 551 OF THE OPEN MEETING LAW PROVIDES THAT SUCH ITEMS AS PERSONNEL MATTERS, LAND ACQUISITION AND PENDING AND CONTEMPLATED LITIGATION MAY BE DISCUSSED IN CLOSED SESSION. E.1 DISCUSS PENDING AND CONTEMPLATED LITIGATION -TEXAS GOVERNMENT CODE SECTION 551.071. Volume 95, page 32 Discuss pending litigation relative to Anthony Anderson, et al, vs. City of Farmers Branch, Texas, Cause No. 0207695. Discuss pending litigation relative to Christopher Bailey vs. City of Farmers Branch, Cause No. 03-09177. Mayor Phelps stated that staff was present to discuss these items with the City Council. E.2 DISCUSS ECONOMIC DEVELOPMENT INCENTIVES - TEXAS GOVERNMENT CODE SECTION 551.086 Discuss and deliberate economic development incentives for businesses with which the City is conducting economic development negotiations. Mayor Phelps stated that staff was present to discuss this item with Council. E.3 DISCUSS LAND ACQUISITION AND ECONOMIC DEVELOPMENT - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss Farmers Branch Keenan Cemetery. Discuss the sale, trade or lease of City owned property or acquisition of property in the Farmers Branch Station Area, Farmers Branch, Texas; deliberate economic development services agreement. Mayor Phelps stated staff was present to discuss these items with the City Council. F.1 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps explained that staff updated City Council on the items in executive session and no action was necessary. F.2 ADJOURNMENT. A motion by Deputy Mayor Pro Tern Bird, a second by Councilwoman Smith, all votin " e," adjourned the City Council meeting of May 2005 at 8:37 p.m. { Bob Phelps, Ma or Cindee Peters, City Secretary Volume 95, page 33