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2005-05-16 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, May 16, 2005 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern 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 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 Mayor Phelps called the City Council meeting of May 16, 2005 to order at 7:30 p.m. The meeting was televised. A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Walden gave the invocation and led the pledge of allegiance. Volume 95, page 34 A.2 PRESENTATION OF THE FARMERS BRANCH WOMAN OF THE YEAR. Mayor Phelps announced Margaret Young as the 2005 Woman of the Year for the City of Farmers Branch. Mayor Phelps presented Ms. Young with a bouquet of flowers as she was congratulated by the City Council and audience. A.3 CONSIDER PROCLAIMING MAY 24, 2005 AS FARMERS BRANCH EMPLOYEE APPRECIATION DAY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The City of Farmers Branch employs 403 full-time and 74 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, recognize 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. I i Esprit de Corps, a committee of ten employee volunteers from various City departments, was formed to inspire the feeling of purpose and unity among City staff. Esprit de Corps provides an opportunity for City employees to share ideas, gain new insights and have fun with co-workers across departments, while providing opportunities for team building and community involvement. The Esprit de Corps committee also seeks creative ways for expressing appreciation and recognition to one another. Recent employee activities include donating over 100 hundred coats and blankets to the Metrocrest Social Service Center, donating 200 baby booties to Newborns in Need at Parkland Hospital and raising over $1,000 for the Tsunami Relief Fund. As part of Employee Appreciation Day, the Mayor and City Council will be serving lunch to employees on May 24th. Mayor Phelps read and presented a proclamation declaring May 24 h as "Farmers Branch Employee Appreciation Day" to Esprit de Corps Committee representatives Cassandra Coffey, Shanda Subia, Melody Drake and Rose Ann Baumer. A.4 OATH OF OFFICE AND PRESENTATION OF CERTIFICATES OF ELECTION. Mayor Phelps administered the oath of office and the certificate of election to Tim O'Hare for the office of Councilmember Place 2. [1 Judge Margaret Kelleher administered the oath of office and the certificate of election to Bob Phelps for the office of Mayor. Volume 95, page 35 Mayor Phelps presented Mayor Pro Tem Bill Moses, Deputy Mayor Pro Tern Bird, Councilman Robinson, Councilwoman Smith, Councilman Walden and Councilman Tim O'Hare with a newly designed City Council lapel pin. A.5 PRESENTATION OF COUNCIL CERTIFICATE TO COUNCIL MEMBER PAUL WALDEN. Mayor Phelps presented a certificate, a watch and a Council pin to Councilmember Paul Walden for his service to the City. Mayor Pro Tem Moses, Deputy Mayor Pro Tem Bird, Councilman Robinson, Councilwoman Smith, Councilman O'Hare, and City Manager Linda Groomer, spoke in appreciation of Councilman Walden's service. City Manager Linda Groomer presented Mayor Phelps with his newly designed lapel pin. A.6 ELECT MAYOR PRO TEM AND DEPUTY MAYOR PRO TEM. A motion by Mayor Pro Tem Moses, seconded by Councilman Robinson, all voting "aye," appointed Deputy Mayor Pro Tem Bird to serve as Mayor Pro Tem. A motion by Mayor Pro Tem Bird, seconded by Councilwoman Smith, all voting "aye," appointed Councilman Robinson to serve as Deputy Mayor Pro Tem. A.7 RECESS. Mayor Phelps called a recess and reconvened the meeting at 8:30 p.m. E.2 DISCUSS LAND ACQUISITION AND ECONOMIC DEVELOPMENT - TEXAS GOVERNMENT CODE SECTION 551.072. 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. A motion by Deputy Mayor Pro Tem Robinson, seconded by Mayor Pro Tern Bird, all voting "aye," adopted Resolution No. 2005-074, authorizing the city manager to execute an amendment to the development services agreement between the City of Farmers Branch and Farmers Branch City Center, LP, a Texas Limited Partnership pursuant to and in accordance with Chapter 380, Texas Local Government Code. A.8 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. Volume 95, page 36 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 Tem Bird, seconded by Councilman O'Hare, all voting "aye," approved the Consent Agenda as submitted. 1 B.1 APPROVED OF MINUTES OF CITY COUNCIL MEETING OF MAY 2, 2005. B.2 ADOPTED RESOLUTION NO. 2005-038 APPROVING A SUPPLEMENT TO THE STREET LIGHTING SERVICE AGREEMENT WITH TXU ELECTRIC DELIVERY FOR THE INSTALLATION OF STREETLIGHTS IN THE MIDWAY ROAD MEDIAN BETWEEN IH- 635 AND SPRING VALLEY ROAD. B.3 ADOPTED RESOLUTION NO. 2005-067 AUTHORIZING THE CITY MANAGER TO PURCHASE EMERGENCY MEDICAL SERVICES SOFTWARE AND INSTALLATION SERVICES FROM ZOLL DATA SYSTEMS, AND MOBILE DATA COMPUTER SYSTEMS FROM L&E MOBILE COMPUTER MOUNTS, INC. FOR THE FIRE DEPARTMENT. C.I CITIZEN PARTICIPATION. John Wells, 13521 Heartside Place, commended the Mayor and City Council for the City's Employee Appreciation Day. Mr. Wells expressed his concerns about the Dallas Morning News, Northwest Dallas section, which does not include Farmers Branch information in the mast head. Mayor Phelps stated the City has already spoken to representatives of the newspaper. Mr. Wells expressed his concerns about the streetlights not burning on Valley View in the evening. City Manager Linda Groomer stated that City Engineer Jerry Murawski would discuss this with him after the meeting. Volume 95, page 37 Mr. Wells stated on Golfing Green between Tom Field and Josey, cable wires are lying across the alley with disabled boxes. He feels the cable company needs to be available to fix these problems. Mr. Wells expressed his concerns about the article he read in the newspaper about the sales person the city would be hiring to do the sales for the conference center/skating rink. He asked if the funds would be coming out of Hotel/Motel Fund. Mayor Phelps replied that the funds would be coming out of Hotel/Motel Fund. C.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2815 APPROVING THE REQUEST FROM THE NORTH CENTRAL TEXAS FARMERS MARKET CORPORATION TO GRANT A SPECIFIC USE PERMIT - INTERIM USE FOR A FARMERS MARKET AT 12731 DENTON DRIVE, WITHIN THE PLANNED DEVELOPMENT NUMBER 70 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The subject site is a 0.82 acre vacant tract of land located approximately 900 feet south of Valley View Lane on the east side of Denton Drive. For the past eight years, the North Central Texas Farmers Market Corporation has leased space from the City of Farmers Branch at 12731 Denton Drive to operate a farmers market. The North Central Farmers Market Corporation would like to operate the farmers market at this same location again. The proposed farmers market will be a temporary use; no permanent building or other permanent improvements are proposed for construction. The applicant intends to operate the farmers market on each Wednesday and Saturday between the hours of 8:00 a.m. and 5:00 p.m. or until sold out from May 18, 2005 through December 31, 2005. Produce to be sold will be homegrown by individual farmers within a 150-mile radius of the metroplex. The Planning and Zoning Commission unanimously recommends approval of the proposed Specific Use Permit - Interim Use, subject to the following conditions: 1. The farmers market shall operate on Wednesday and Saturday of each week during the hours of 8:00 a.m. until 5:00 p.m., or until sold out. 2. The metal frame awning structure may remain on the site at the location shown on the site plan on the days that the farmers market is not in operation for the period beginning May 18, 2005 through December 31, 2005. 3. The metal awning frame structure, and the awning and sign, shall be removed from the site when the Specific Use Permit - Interim Use expires on Volume 95, page 38 December 31, 2005 or when the use of the property is no longer needed, whichever occurs first. Mayor Phelps opened the public hearing. A motion by Councilman Moses, seconded by Councilwoman Smith, all voting "aye," closed the public hearing. Mayor Phelps stated he spoke with the applicant before the meeting and he is ready to open the market. There being no further discussion, a motion by Councilman Moses, seconded by Deputy Mayor Pro Tem Robinson, all voting "aye," adopted the following captioned Ordinance No. 2815 approving the Specific Use Permit - Interim Use. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT - INTERIM USE BEGINNING ON MAY 18, 2005, AND EXPIRING ON DECEMBER 31, 2005, TO ALLOW THE OPERATION OF A FARMERS MARKET WITHIN THE PLANNED DEVELOPMENT NUMBER 70 ZONING DISTRICT (PD-70) AT 12731 DENTON DRIVE; PROVIDING FOR CONDITIONS OF OPERATION; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. C.3 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2816, APPROVING THE REQUEST BY MR. RANA DIDES FOR A SPECIFIC USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES WITHIN A QUALIFYING RESTAURANT, MICHAEL'S DINER, LOCATED AT 13233 STEMMONS FREEWAY WITHIN PLANNED DEVELOPMENT 25 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The existing restaurant is allowed by right in the Planned Development 25 zoning district. Approval of a specific use permit is required for a qualifying restaurant seeking to serve alcoholic beverages. The request complies with the requirements established within Ordinance 2768, which regulates on-site sales and consumption of alcoholic beverages. The restaurant is approximately 5,500 square feet in area. Proposed alcohol service would be provided exclusively at dining tables. No bar, drive-in or drive-through is proposed. No exterior advertisement of alcohol sales is proposed. Volume 95, page 39 An alcohol awareness program has been submitted by the applicant, as required by Ordinance 2768, which addresses personnel training, verification of customer identification, an alcohol limits policy, and transportation for customers. The request complies with all Planned Development 25 development standards. The Planning and Zoning Commission, by unanimous vote, recommends approval of the proposed specific use permit including the associated site plan drawings, plan of operation and alcohol awareness program with the following condition: Within sixty days of approval of this specific use permit and before issuance of a certificate of occupancy for the proposed alcoholic beverage sales use, proposed changes indicated on the proposed site/landscape plan shall be completed. Mayor Phelps opened the public hearing. John Wells, 13521 Heartside Place, urged the City Council to adopt this specific use permit. A motion by Mayor Pro Tern Bird, seconded by Deputy Mayor Pro Tem Robinson, all voting "aye," closed the public hearing. Mayor Phelps stated the previous owner of this property left the name "JoJo's" and the new applicant had to reapply for a permit in the new name "Michael's Diner". There being no further discussion, a motion by Deputy Mayor Pro Tern Robinson, seconded by Councilman O'Hare, all voting "aye," adopted the following captioned Ordinance No. 2816 approving the proposed specific use permit including associated site plan drawings, plan of operation and alcohol awareness program with the condition recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES WITHIN AN EXISTING QUALIFYING RESTAURANT LOCATED AT 13233 STEMMONS FREEWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 25 (PD-25) ZONING DISTRICT; AMENDING AND REPLACING IN ITS ENTIRETY ORDINANCE 2134; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) Volume 95, page 40 DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. CA PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 2817 APPROVING THE REQUEST BY MR. ENRIQUE VILLAFRANCA FOR A SPECIFIC USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES WITHIN A QUALIFYING RESTAURANT, CUQUITA'S RESTAURANT, LOCATED AT 13260 JOSEY LANE, SUITE 109 WITHIN PLANNED DEVELOPMENT NO.6 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant seeks approval of a specific use permit to allow on-site sales and consumption of alcoholic beverages for a qualifying restaurant, Cuquita's Restaurant, to be located in the Valley View Central Shopping Center at the northeast corner of Josey Lane and Valley View Lane. The restaurant use is allowed by right and is currently under construction within the existing shopping center. Approval of a specific use permit is required for a qualifying restaurant seeking to serve alcoholic beverages. The request complies with the requirements established within Ordinance 2768, which regulates on-site sales and consumption of alcoholic beverages. The restaurant is approximately 4,686 square feet in area. Alcohol service would be provided exclusively at dining tables. No bar, drive-in nor drive-through is proposed. No exterior advertising of alcohol sales is proposed. An alcohol awareness program has been submitted by the applicant, as required by Ordinance 2768, which addresses personnel training, verification of customer identification, an alcohol limits policy and transportation for customers. The applicant is proposing to install additional landscaping materials along Josey Lane and additional 13 parking spaces on-site. The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit, including the associated site plan drawings, plan of operation and alcohol awareness program with the following condition: 1. The proposed landscaping shall be installed and the additional parking striped, prior to issuance of a certificate of occupancy for the restaurant. Mayor Phelps opened the public hearing. Enrique Villafrancia, 13260 Josey Lane, Suite 109, stated this is a family owned restaurant and the only day they would be closed would be Tuesdays. Mr. Villafrancia stated they would be open from 8 a.m. to 10 p.m. and they would be serving good Mexican food. Volume 95, page 41 John Wells, 13521 Heartside Place, urged the City Council to approve the specific use permit for Cuquita's Restaurant. A motion by Councilman O'Hare, seconded by Councilwoman Smith, all voting "aye," closed the public hearing. There being no further discussion, a motion by Councilwoman Smith, seconded by Councilman O'Hare, all voting "aye," adopted the following captioned Ordinance No. 2817 approving the specific use permit, including the associated site plan drawings, plan of operation and alcohol awareness program with the condition recommended by the Planning and Zoning Commission. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, BY GRANTING A SPECIFIC USE PERMIT TO ALLOW ON-SITE SALES AND CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN A QUALIFYING RESTAURANT TO BE LOCATED AT 13260 JOSEY LANE, SUITE 109, GENERALLY AT THE NORTHEAST CORNER OF JOSEY LANE AND VALLEY VIEW LANE AND WITHIN THE PLANNED DEVELOPMENT NUMBER 6 (PD-6) ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. D.1 CONSIDER ADOPTING ORDINANCE NO. 2818 AMENDING THE CITY'S 2004-05 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. City staff presented City Council with updated operating and capital improvements program budget projections as part of the Mid-Year Budget Review on May 2, 2005. Ordinance No. 2818 amends the 2004-05 fiscal year operating and CIP budget to reflect the changes presented during the Mid-Year Budget Review, including expenditure and revenue adjustments made within each operating fund. A copy of the proposed amended budget is available for public review at the Manske Library and on the City's Web site. Staff recommends the adoption of Ordinance No. 2818 There being no discussion, a motion by Deputy Mayor Pro Tem Robinson, seconded by Mayor Pro Tern Bird, all voting "aye," adopted the following Volume 95, page 42 captioned Ordinance No. 2818 amending the 2004-05 fiscal year operating and capital improvements program budget. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 2004-2005 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENTS PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED. D.2 CONSIDER ADOPTING RESOLUTION NO. 2005-069 AUTHORIZING THE SUBMISSION OF A PROJECT APPLICATION TO THE DALLAS COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR 2005- 2006 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 funding for the 2005-2006 fiscal year. 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, and new playground equipment and a bridge at Jaycee Park. The City is using the 2004-2005 year's funding of $108,802 for sidewalks on Cookscreek Place. The City Council held a public hearing on May 2, 2005 as required by Dallas County. Staff has prepared the application for funding of sidewalks on Bee Street from Brandywine south to Havenhurst on the east and west sides of the street. The estimated cost to complete the sidewalks on Bee Street is $50,000 on the east side, and $75,000 on the west side for a total of $125,000. In addition to the funds to be received in the 2005-06 fiscal year, the City intends to utilize remaining funds from the 2003-2004 Jaycee Park bridge project totaling $27,242.26 for the Bee Street sidewalks. Construction on the project is expected to begin in the spring of 2006 and to be completed by that summer. There being no discussion, a motion by Councilwoman Smith, seconded by Councilman Moses, all voting "aye," adopted Resolution No. 2005-069 authorizing the submission of a 2005-2006 Community Development Block Grant project application to Dallas County for the funding of sidewalks on Bee Street. D.3 CONSIDER ADOPTING ORDINANCE NO. 2819 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH A RETAIL ELECTRIC PROVIDER FOR THE CITY'S ELECTRICAL USAGE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. In 1999, The Texas Legislature passed into law Senate Bill 7 which allowed for competition in the electrical industry. The City Council adopted Resolution No. 2001-052 on June Volume 95, page 43 4, 2001 authorizing the City to join a political aggregation group called Governmental Aggregation Project, or GAP, for the purpose of joining other cities to aggregate all of the cities' electrical usage to receive a competitive price. To obtain the best price in the volatile energy market when the cost of electricity changes daily, the City must sign a contract within twenty-four hours of receiving the price. Ordinance No. 2638, adopted November 5, 2001, authorized the execution of a contract by the City Manager to execute the required agreements to purchase the power if specific terms are met. The City's aggregation group received bids for electricity on Wednesday, May 11, 2005. The best bid meeting specifications was received from the General Land Office. The General Land Office offered an even lower price for electricity if the City would sign a three-year contract. In previous years no retail electric provider has offered a three-year contract. Current Ordinance No. 2638 allows no more than a two-year contract. Proposed Ordinance No. 2819 will replace Ordinance No. 2638 and will not specify a contract period, allowing the City to take advantage of possibly lower rates through longer contract periods. The City signed a two-year contract on May 11, 2005. However, with the passage of this proposed Ordinance, the City will be able to request a three-year contract on May 17, 2005. If the rate is lower than the current two-year contract, the City will be able to sign a three-year contract for the lower rate. If the rate is higher than the current two-year contract, the City is under no obligation to change the contract. Under the provisions of the May 11, 2005 contract, the City also has the ability to renegotiate prices with the General Land Office during the term of the contract. This contract only applies to the electricity purchased by the City for city facilities and streetlights, and does not affect residential or commercial customer options regarding electricity purchases. Deputy Mayor Pro Tern Robinson expressed concerns about committing to a three-year program unless there would be a way out as in the current agreement. He suggested there should be a provision that would protect the City in case the prices go down or the bottom falls out of the price market. Mayor Phelps commented that the contract with the General Land Office allows the City to renegotiate prices during the term of the contract. Deputy Mayor Pro Tem. Robinson stated his concern is that the proposed Ordinance does not specifically state that. City Manager Linda Groomer stated that the issue Councilman Robinson raised had also been raised by staff. She stated that under the terms of the contract with the General Land Office, the City could renegotiate pricing during the three-year term of the contract as long as the contract remained with the General Land Office. However, if the City chose to change providers during the three-year-period, it would be unlikely that the City would be able to renegotiate a better contract with another provider at that point. The proposed Volume 95, page 44 Ordinance does not prohibit the City from renegotiating the contract or from changing providers. Deputy Mayor Pro Tern Robinson asked if it was possible to put a date on the Ordinance that would coincide with the agreement. Ms. Groomer stated this Ordinance is not tied to this contract. It strictly allows the City Manager to sign a contract only if the Ordinance requirements are met. City Attorney John Boyle stated the Ordinance could be tied to the agreement, but recommended against it to allow the City the flexibility to contract with the best provider. Deputy Mayor Pro Tern Robinson stated he is concerned about the flexibility. Mr. Boyle stated the City Council could repeal the Ordinance in the future. Deputy Mayor Pro Tem Robinson asked if the City went to another provider, if staff would have to bring the contract back to Council. Mr. Boyle replied yes. Ms. Groomer stated the City would not contract with another provider until after the City conducted negotiations or obtained bids and not without coming back to Council. John Wells, 13521 Heartside Place, raised a question regarding how often the City Manager could check the rate. Ms. Groomer stated the contract could not be renegotiated after the contract is locked in but the rates could be renegotiated if they are substantially lower. There being no further discussion, a motion by Mayor Pro Tem Bird, seconded by Councilman Moses, all voting "aye," adopted the following captioned Ordinance No. 2819 authorizing the City Manager to execute a contract with a retail electric provider for the City's electrical usage. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ELECTRICAL POWER PURCHASE CONTRACT WITH A RETAIL ELECTRIC PROVIDER TO PROVIDE ELECTRIC POWER TO THE CITY IN ACCORDANCE WITH THE AUTHORITY GRANTED IN THIS ORDINANCE. DA 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. TWO BOARD, AND THE ANIMAL SHELTER ADVISORY COMMITTEE, AND TAKE APPROPRIATE ACTION. A motion by Mayor Pro Tem Bird, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," did not reappoint David Merritt to the School- Community Relations Committee at his request. Volume 95, page 45 Mayor Phelps stated the School-Community Relations Committee would be brought back to the June 13, 2005 City Council meeting. Mayor Phelps stated the Community Watch Committee would be brought back to the June 13, 2005 City Council meeting. A motion by Councilwoman Smith, seconded by Councilman O'Hare, all voting "aye," reappointed Susan Saiter and Ruth Ann Parish to the Library Board. A motion by Councilman O'Hare, seconded by Deputy Mayor Pro Tern Robinson, all voting "aye," reappointed Nancy Hardie and Ruben Rendon to the Planning and Zoning Commission. A motion by Councilwoman Smith, seconded by Councilman O'Hare, all voting "aye," appointed Dr. Janie Hodges to the Animal Shelter Advisory Committee. A motion by Deputy Mayor Pro Tem Robinson, seconded by Mayor Pro Tern Bird, all voting "aye," reappointed Michael Spicer, John Burke, Linda Groomer, Margaret Somereve, Jerry Murawski, Jeff Fuller and Mary Jane Stevenson to the Tax Increment Financing Reinvestment Zone No. Two Board. D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. City Manager Linda Groomer stated she would be attending two conferences out of the City in June. On June 90' through 12a' she will travel to the Texas City Management Association, where she and Assistant City Manager Greg Vick will receive their 25-year pins from the Texas City Management Association. On June 14`" through 18th she will be traveling with several of the younger professionals at the City to attend the Innovations Group Conference, which will be held in Sarasota, Florida. Councilwoman Smith reported that she will be attending the Metrocrest Hospital Authority Retreat the first weekend of June. D.6 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Councilwoman Smith reported on May 10th she attended the Metrocrest Hospital Authority Meeting. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 5:22 P.M. AND RECESSED AT 6:12 P.M. AND Volume 95, page 46 RECONVENED AT 6:24 P.M. AND THEN CONCLUDED AT 7:07 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 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.2 DISCUSS LAND ACQUISITION AND ECONOMIC DEVELOPMENT - TEXAS GOVERNMENT CODE SECTION 551.072. Discuss Farmers Branch Keenan Cemetery. Discuss lease of property located at 2700 Christian Parkway. 1 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. E.3 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Discuss St. Stephens Dry Cleaners site located at 2788 Valwood Parkway. Discuss pending litigation relative to Juan Tejeda, as Next Friend Juan Manuel Tejeda, and Tamberlynn Evett Watkings vs. City of Farmers Branch. Mayor Phelps stated that 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 called for necessary action in executive session. A motion by Deputy Mayor Pro Tem Robinson, a second by Mayor Pro Tem Bird, with Councilman O'Hare abstaining and Council members Smith, Moses, Robinson, and Bird all voting "aye," adopted Resolution 2005-074. Volume 95, page 47 A motion by Deputy Mayor Pro Tem Robinson, a second by Councilwoman Smith, with Councilman O'Hare abstaining and Council members Smith, Moses, Robinson, and Bird all voting "aye," adopted Resolution 2005-073. Mayor Phelps explained the City Council was updated on remaining items in executive session and no action was necessary. F.2 ADJOURNMENT. A motion by Councilman O'Hare, a second by Deputy Mayor Pro Tem. Robinson, all voting "aye", adjourned the City Council meeting of May 16, 2005 at 9:28 p.m. Bob Phelps, May Cindee Peters, City Secretary Volume 95, page 48