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2004-11-15 CC MinutesCity of Farmers Branch City Council Regular Meeting Agenda City Hall Plaza 13000 William Dodson Parkway Farmers Branch, Texas Monday, November 15, 2004 7:30 P.M. 1 I The following members of the City Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tern Councilmembers Bob Phelps Bill Moses Charlie Bird Junie Smith Ben Robinson The following member of the City Council was absent: Councilmember Paul Walden The following members of Administration were present: City Manager Assistant City Manager Assistant City Manager City Secretary Assistant to the City Manager Assistant to the City Manager City Attorney Acting Director of Finance Director of Community Services Director of Economic Development Fire Chief Acting Police Chief Library Director City Engineer Director of Communications Director of Public Works Director of Equipment Services Director of Parks and Recreation Director of Human Resources Recording Secretary Students Keren Tarin Cherrie Randle Brittany Grignon Jorge Negrete Martha Garza Students Linda Groomer Jennifer Nsekpong Mary Jane Stevenson Bobbi Gardner Greg Vick Melinda Qu Cindee Peters Kelli Criswell Margaret Somereve John Roach Shannon Addison Mathew Boyle Johnny Simmons Mayve Strong Valerie Peidous Michael Spicer Aseged Abdulkaf Norma Nichols Ronald Diamond Kyle King Dannico Moore Kirk Riggs Merlis Guevara Danita Barber Karen Sotelo Jerry Murawski Jorge Tejada Tom Bryson Chase LanCarte Mark Pavageaux Brittany Fuller Don Moore Jessi Gilks Jeff Fuller Lauren Singler Brian Dickerson Adriana Jolon Suzanne Reynolds Student Mayor Tarin called the City Council meeting of November 15, 2004 to order at 7:30 p.m. The meeting was televised. Volume 94, page 57 A.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Student Mayor Pro Tern Randle gave the invocation and Deputy Mayor Pro Tern Grignon led the pledge of allegiance. Announcements: Mayor Phelps stated that Councilman Walden was not in attendance. Mayor Phelps also recognized the parents of Student Government Day participants. A.2 INTRODUCE STUDENT GOVERNMENT DAY PARTICIPANTS AND PROCLAIM NOVEMBER 15, 2004 AS W. T. WHITE HIGH SCHOOL STUDENT GOVERNMENT DAY IN FARMERS BRANCH. Student Mayor Tarin presented the following information. Monday, November 15, 2004 is W. T. White High School Student Government Day at the City. Students from the high school are serving as counterparts to the Mayor, City Council, City Manager, Assistant City Managers and Department Heads. These students actually "ran" the City for a day. Mayor Phelps introduced Lotty Repp, government teacher at W.T. White High School and sponsor of the Student Government Day participants, and presented her with the proclamation. Student Mayor Tarin, Student City Council, and the student city staff introduced themselves and their counterparts. The Student Mayor, Student City Council and Student staffs were presented with certificates in recognition of their participation. A.3 RECOGNITION OF THE INTERNATIONAL CODE COUNCIL MERIT AWARD PRESENTED TO JIM OLK, PRESIDENT OF THE NORTH TEXAS CHAPTER OF INTERNATIONAL CODE COUNCIL. Student Mayor Tarin presented the following information. On September 28a` 2004 in Salt Lake City, Utah, the International Code Council presented one of its prestigious Merit Awards to Jim Olk, City of Farmers Branch Building Official and President of the North Texas Chapter of International Code Council. International Code Council (ICC), publisher of the International Code series of construction codes, has over 50,000 code officials, fire officials and construction industry members. There are 288 ICC chapters worldwide and members generally belong to and participate at the local chapter level. At its annual meeting, the International Code Council recognizes the top five ICC chapters in the world. Volume 94, page 58 ICC Chapters are judged on their high degree of professionalism in promoting the goals and mission of ICC and promoting the professional image of code officials. The chapters are also evaluated on their support of building codes and safety on the built environment and whether they provide quality continuing education for employees in the code enforcement and construction industries. The North Texas Chapter of ICC was recognized as one of the world leaders in all of these categories. Jim Olk, Building Official for the City of Farmers Branch and President of the North Texas Chapter of ICC, accepted the award at the annual award luncheon in Salt Lake City. A.4 PRESENTATION OF SERVICE AWARD. Student Mayor Tarin presented a 10-year employee service award to Richard Patterson of the Fire Department. A.5 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.6 REPORT ON STUDY SESSION ITEMS. Student Mayor Tarin and Student City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. B.0 CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE APPROPRIATE ACTION. Student Mayor Tarin 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 Student Mayor Pro Tern Randle, seconded by Student Deputy Mayor Pro Tern Grignon, all voting "aye," approved the Consent Agenda as submitted. A motion by Mayor Pro Tem Moses, seconded by Deputy Mayor Pro Tern Bird, all voting "aye," approved the Consent Agenda as submitted. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF NOVEMBER 1, 2004. B.2 APPROVED MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF NOVEMBER 8, 2004. Volume 94, page 59 B.3 ADOPTED RESOLUTION NO. 2004-130 APPROVING THE REQUEST BY RAYMOND HARRIS AND ASSOCIATES, ARCHITECTS, ON BEHALF OF WAL-MART, INC. FOR SITE PLAN APPROVAL FOR A BUILDING ADDITION LOCATED AT 13307 MIDWAY ROAD WITHIN PLANNED DEVELOPMENT 68. B.4 ADOPTED RESOLUTION NO. 2004-131 ABANDONING A PORTION OF A DRAINAGE AND UTILITY EASEMENT WITHIN LOT 1, BLOCK A OF THE PACE ADDITION. B.5 ADOPTED RESOLUTION NO. 2004-121 AUTHORIZING THE PURCHASE OF A COMMAND VEHICLE ON THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENT CONTRACT, UTILIZING 2004 STATE HOMELAND SECURITY FUNDS. B.6 ADOPTED RESOLUTION NO. 2004-126 AWARDING BIDS FOR THE ANNUAL SUPPLY OF TYPE "D" ASPHALT TO AUSTIN ASPHALT AND APAC, INC. B.7 ADOPTED RESOLUTION NO. 2004-134 AWARDING BIDS FOR THE PURCHASE OF AN ANNUAL SUPPLY OF AGGREGATE MATERIALS TO VARIOUS VENDORS. C.1 CITIZEN PARTICIPATION. There was no citizen participation. C.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NUMBER 2799 APPROVING THE REQUEST BY SPECTRASITE COMMUNICATIONS FOR A SPECIFIC USE PERMIT FOR EXTENDING THE EXISTING MONOPOLE FROM 50 FEET TO 69 FEET AND REPLACEMENT OF THE EXISTING 9 ANTENNA PANELS WITH 12 ANTENNA PANELS AT 12895 JOSEY LANE, WITHIN THE PLANNED DEVELOPMENT NUMBER 8 ZONING DISTRICT AND TAKE APPROPRIATE ACTION. Student Director of Community Services Abdulkaf presented the following information. The subject property is improved with the Josey Val Shopping Center building and an existing 50-foot tall monopole tower that currently supports a triangular array of 9 antenna panels for Cingular Wireless. The application proposes extending the existing monopole 15 feet and adding a 4- foot lightning rod for a total height of 69 feet. The existing Cingular Wireless system will be replaced with 6 panels located at a height of 65-feet. An additional 6-panel antenna installation for Sprint Wireless is proposed for a height of 55 feet on the monopole. Volume 94, page 60 The proposed antenna system complies with all Planned Development Number 8 zoning standards. The Planning and Zoning Commission unanimously recommends approval of the proposed specific use permit and associated site plan drawings with the following condition: That Spectrasite Communications or subsequent owner of the telecommunications monopole shall remove any remaining wireless communications antennas, associated equipment, and all appurtenances within ninety (90) days subsequent to such time that the monopole becomes obsolete and the use is abandoned. Student Mayor Tarin opened the public hearing. A motion by Student Deputy Mayor Pro Tem Grignon, seconded by Student Mayor Pro Tem Randle, all voting "aye," closed the public hearing. A motion by Deputy Mayor Pro Tem Bird, seconded by Mayor Pro Tem Moses, all voting "aye," closed the public hearing. There being no discussion, a motion by Student Deputy Mayor Pro Tem Grignon, seconded by Student Mayor Pro Tem Randle, all voting "aye," adopted the following captioned Ordinance Number 2799 approving the proposed specific use permit and associated site plan drawings. There being no discussion, a motion by Deputy Mayor Pro Tem Bird, seconded by Mayor Pro Tem Moses, all voting "aye," adopted the following captioned Ordinance Number 2799 approving the proposed specific use permit and associated site plan drawings. 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 INSTALLATION OF A 19- FOOT EXTENTION AND REPLACING THE EXISTING 9-PANEL CELLULAR ANTENNA SYSTEM WITH TWO 6-PANEL SYSTEMS ON AN EXISTING TELECOMMUNICATION MONOPOLE, LOCATED BEHIND AN EXISTING RETAIL BUILDING AT 12895 JOSEY LANE, WITHIN THE PLANNED DEVELOPMENT NUMBER 8 (PD-8) 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. Volume 94, page 61 D.l CONSIDER ADOPTING RESOLUTION NO. 2004-102 AUTHORIZING THE CITY MANAGER TO EXECUTE A TAX REBATE AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FARMERS BRANCH AND FISCHBACH USA, INC. AND TAKE APPROPRIATE ACTION. Student Economic Development Director Ronald Diamond presented the following information. Fischbach USA, Inc. is a German owned international company whose headquarters are located in Engleskirchen, Germany. The company has entered into a ten-year lease on a warehouse distribution center in Valwood Business Park located at 1901 Hutton Court. This building has been vacant for approximately three years. This is the company's second location in the USA, and they have other facilities in China, Amsterdam, Germany, United Kingdom and Korea. The company has indicated that their business personal property value will be $2.5 million initially and will increase to $4 million within three years. New jobs that will be created total 40 in the first year growing to 70 at year three. Fischbach USA, Inc. has requested a 30% five-year municipal tax rebate on their personal property. If the personal property falls below the $2,500,000 value in any one year of the five-year period, the rebate will not occur. There being no discussion, a motion by Student Councilmember Negrete, seconded by Student Deputy Mayor Pro Tern Grignon, all voting "aye," adopted Resolution No. 2004-102 authorizing the City Manager to execute a tax rebate and development agreement between the City of Farmers Branch and Fischbach USA, Inc. There being no discussion, a motion by Councilwoman Smith, seconded by Deputy Mayor Pro Tern Bird, all voting "aye," adopted Resolution No. 2004-102 authorizing the City Manager to execute a tax rebate and development agreement between the City of Farmers Branch and Fischbach USA, Inc. D.2 CONSIDER ADOPTING RESOLUTION NO. 2004-133 APPROVING AN AGREEMENT WITH PACHECO KOCH CONSULTING ENGINEERS FOR ENGINEERING SERVICES ASSOCIATED WITH THE TRANSIT STATION AREA PUBLIC IMPROVEMENTS AND TAKE APPROPRIATE ACTION. Student City Engineer Jorge Tejada presented the following information. On June 21, 1999, Tax Increment Financing District No. 2 was approved by the City Council to provide a financing tool for public improvements to encourage and facilitate redevelopment and new development in the area surrounding the future DART transit station. DART has indicated that light rail service will reach Farmers Branch in 2010. On April 19, 2004, a development services agreement with Farmers Branch City Center, L.P. was approved by the City Council for the Volume 94, page 62 first phase of development. The development services agreement provides for the City to design and construct the public improvements to support the first phase, and provides for construction of the development and the public improvements to start in March 2005. In order for the City to meet this schedule, an agreement has been negotiated with Pacheco Koch Consulting Engineers to provide the initial engineering services associated with the design of the public improvements to support the first phase of development. The services will include the boundary and topographic surveys, preparation of the master utility plan for public and private utilities, design of the water and sanitary sewer lines, design of the underground private utilities, and preparation of the storm water pollution prevention plan required by the Texas Commission on Environmental Quality. The professional engineering services will be provided on the basis of hourly rates and materials not to exceed $145,000. After the planning of the transit station area is complete and the location of the street and the extent of the remaining public improvements have been determined, the agreement may be amended to include the design of streets, railroad crossings, sidewalks, and amenities. Four engineering firms were identified that had relevant project experiences and that have satisfactorily provided engineering services for the City. The firms provided statements of qualifications and were interviewed. Pacheco Koch Consulting Engineers has provided services on similar projects in the Dallas-Fort Worth area and most recently performed satisfactorily for the City on the design of the public improvements associated with the Mira Lago development located on the peninsula tract at the southwest corner of Luna Road and IH-635. Funds are available in TIF No. 2 for this agreement with Pacheco Koch Consulting Engineers. There being no discussion, a motion by Student Mayor Pro Tern Randle, seconded by Student Councilmember Negrete all voting "aye," adopted Resolution No. 2004-133 approving an agreement with Pacheco Koch Consulting Engineers for engineering services associated with the Transit Station Area public improvements in the amount not to exceed $145,000. There being no discussion, a motion by Mayor Pro Tern Moses, seconded by Councilman Robinson, all voting "aye," adopted Resolution No. 2004-133 approving an agreement with Pacheco Koch Consulting Engineers for engineering services associated with the Transit Station Area public improvements in the amount not to exceed $145,000. D.3 CONSIDER ADOPTING THE FOLLOWING ORDINANCES FOR CABLE RATES SET BY COMCAST CABLE AND TAKE APPROPRIATE ACTION. Volume 94, page 63 A. ORDINANCE NO. 2776 ESTABLISHING THE MAXIMUM PERMITTED BASIC SERVICE TIER RATE CHARGED BY COMCAST CABLE. B. ORDINANCE NO. 2797 ESTABLISHING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES CHARGED BY COMCAST CABLE. Student Assistant City Manager Melinda Qu presented the following information. In March 2004, the City retained the services of C2 Consulting Services to review the basic service and equipment and installation rates as submitted by Comcast Cable to the City. Under Federal Communications Commission rules, a city is limited to setting only the local maximum permitted rate for basic service and the maximum permitted rates for equipment and installation. Cable companies can then choose to set any rate that is equal to or less than the approved maximum permitted that Comcast filed with the City on March 1, 2004. Comcast has elected not to increase the basic rate from the current $14.20. However, effective December 1, Comcast is increasing the expanded basic and the digital packages by $4.00, over which City Council has no authority. rates that are considered the operator-selected rate. Proposed Ordinance No. 2776 adopts C2 Consulting's recommended basic service maximum permitted rate of $14.70, which is the same rate In addition, proposed Ordinance No. 2797 adopts the maximum permitted rates for equipment and installation charges effective December 1, 2004. Equipment and installation charges are for the hourly service charge for installation, relocating outlets, connecting VCR/DVD players, and upgrading or downgrading the service, converter boxes and remote controls. All of the maximum permitted rates for equipment and installation charges are increasing with the exception of the basic-only converter fees will be dropping from $2.00 to $1.30. Staff recommends and adopting Ordinance No. 2797 establishing the maximum permitted rates for equipment and installation charges. There being no discussion, a motion by Student Councilmember Garza, seconded by Student Deputy Mayor Pro Tem. Grignon, all voting "aye," adopted the following captioned Ordinance No.2776 establishing the maximum permitted rate for basic service. There being no discussion, a motion by Councilman Robinson, seconded by Deputy Mayor Pro Tern Bird, all voting "aye," adopted the following captioned Ordinance No. 2776 establishing the maximum permitted rate for basic service. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FARMERS BRANCH, TEXAS ESTABLISHING THE MAXIMUM PERMITTED BASIC SERVICE TIER RATES CHARGED BY Volume 94, page 64 COMCAST CABLE PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. There being no discussion, a motion by Student Councilmember Garza, seconded by Student Councilmember Negrete, all voting "aye," adopted the following captioned Ordinance No. 2797 establishing the maximum permitted rates for equipment and installation charges. There being no discussion, a motion by Councilman Robinson, seconded by Councilwoman Smith, all voting "aye," adopted the following captioned Ordinance No. 2797 establishing the maximum permitted rates for equipment and installation charges. ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS ESTABLISHING THE EQUIPMENT AND INSTALLATION RATES CHARGED BY COMCAST CABLE COMMUNICATIONS, INC. PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. DA CONSIDER ADOPTING RESOLUTION NO. 2004-120 REJECTING ALL BIDS FOR THE TRAFFIC SIGNAL COMMUNICATIONS PROJECT PHASE I BORING CONTRACT AND TAKE APPROPRIATE ACTION. Student City Engineer Jorge Tejada presented the following information. The Traffic Signal Communications Project is budgeted in the 2004-05 Capital Improvement Program, DART Local Assistance Program Fund in the amount of $400,000. The project will link numerous City facilities and signalized intersections with fiber optic service. The first phase of the project is a contract for the installation of conduit by directional boring at locations throughout the City. The subsequent project phases will include the installation of conduit by traditional trenching methods utilizing City forces, a contract for the placement of fiber optic cable in the conduit and furnishing the equipment required to implement service to City facilities and signalized intersections. The allocation for the first phase is $105,000. Eight contractors were invited to bid. Two contractors submitted bids. The low bid received was in the amount of $255,759, which substantially exceeds the amount allocated for the first phase. The six contractors that did not submit bids stated that the firms either could not obtain the required bonds or the firms had more than enough work presently under contract. Staff recommends that all of the bids for the Traffic Signal Communications Project Phase I Boring Contract be rejected. The project scope will be reviewed for possible changes in layout and cable routing in an effort to reduce project cost. Staff is also investigating the applicability and benefits of contracting this work Volume 94, page 65 through the cooperative purchasing procedures of the State of Texas Building and Procurement Commission. There being no discussion, a motion by Student Deputy Mayor Pro Tem Grignon, seconded by Student Mayor Pro Tem Randle, all voting "aye," adopted Resolution No. 2004-120 rejecting all bids for Traffic Signal Communication Project, Phase I Boring contract. There being no discussion, a motion by Deputy Mayor Pro Tem Bird, seconded by Mayor Pro Tem Moses, all voting "aye," adopted Resolution No. 2004-120 rejecting all bids for Traffic Signal Communication Project, Phase I Boring contract. D.5 CONSIDER ADOPTING RESOLUTION NO. 2004-135 AWARDING THE BID FOR THE ANNUAL SUPPLY OF GASOLINE AND DIESEL FUELS TO PETROLEUM TRADERS CORPORATION AND TAKE APPROPRIATE ACTION. Student Mayor Tarin presented the following information. Bid requests for the annual supply of unleaded gasoline and reformulated diesel fuel were sent to 23 vendors. Bids were received from seven vendors for the supply of gasoline and diesel. Petroleum Traders Corporation submitted the low bid meeting the City's specifications for gasoline and diesel fuel. Using the Oil Price Index Service, or OPIS, average terminal price, their bid is $.0008 per gallon below the average for unleaded gasoline and $.0046 per gallon over the average price per gallon for diesel fuel. The total estimated fuel required based on last year's usage is 117,600 gallons of mid-grade unleaded gasoline and 90,000 gallons of diesel fuel. The current OPIS price for mid-grade unleaded gasoline is $1.392 per gallon and $1.474 per gallon for diesel. Added to these costs is a $0.20 per gallon state sales tax and a mandated delivery fee of $30.00 for each 6,000-gallon tanker delivery. The OPIS terminal prices are market driven based on crude oil prices and other factors. The operating departments' 2004-05 budgets include funds in the amount of $329,900.00 for fuel. Based on the estimated fuel required for the City's fleet and current terminal prices, it is estimated that additional funding in the amount of $13,172.62 could be needed if fuel prices continue to increase. Fuel prices will vary at the time of purchase and could increase or decrease; as a result, budgetary impact is difficult to estimate based on projections as to how fuel costs will fluctuate. Equipment Services is meeting with the operating departments to discuss measures for fuel conservation. Additional funds, if needed, would be considered at the midyear budget review. Volume 94, page 66 The contract with Petroleum Traders Corporation will be for a one-year period with an option for an additional one-year period, if agreeable to the parties involved. There being no discussion, a motion by Student Councilmember Negrete, seconded by Student Councilmember Garza, all voting "aye," awarded the bid for the annual supply of unleaded gasoline and reformulated diesel to Petroleum Traders Corporation in an amount not to exceed $329,900. There being no discussion, a motion by Councilwoman Smith, seconded by Mayor Pro Tem Moses, all voting "aye," awarded the bid for the annual supply of unleaded gasoline and reformulated diesel to Petroleum Traders Corporation in an amount not to exceed $329,900. D.6 CONSIDER ADOPTING RESOLUTION NO. 2004-125 REJECTING THE BID FOR THE ANNUAL SUPPLY OF READY-MIX CONCRETE AND RE- ADVERTISING THE BID AND TAKE APPROPRIATE ACTION. Student Public Works Director Brittany Fuller presented the following information. The Public Works Department utilizes concrete in the repair of curbs, gutters, sidewalks and concrete streets. The Parks and Recreation Department utilizes concrete in the repairs of driveway, bench pads, curbs and sidewalks. Requests for bids for the 2004-2005 annual supply of ready mix concrete were mailed to five vendors. Only one bid was received and opened on November 2, 2004, and the bid met specifications. Three vendors who did not bid stated that they did not mail or deliver their bids in time for the bid opening, and one vendor could not meet the specifications. Funds in the amount of $95,000 are available in the 2004-2005 Public Works budget and funds in the amount of $10,000 are available in the 2004-2005 Parks and Recreation budget for the purchase of concrete, for a total budget of $105,000. Bids were based on estimated quantities since needs for the materials fluctuate each year. Ready-Mix Concrete submitted the only bid in the amount of $187,875. Due to pricing concerns, staff recommends rejecting Bid No. 05-04 for the annual contract for ready mix concrete and re-advertising the bid. By rebidding this item, both vendors from last year's contract have indicated that they will submit bids. Rebidding should achieve competition, and possibly better prices. Neither is guaranteed. In the interim, quotes will be used to purchase concrete on an "as needed" basis. Volume 94, page 67 There being no discussion, a motion by Student Mayor Pro Tern Randle, seconded by Student Deputy Mayor Pro Tern Grignon, all voting "aye," rejected Bid No. 05-04 for the annual supply of ready mix concrete and re-advertising the bid. There being no discussion, a motion by Mayor Pro Tem Moses, seconded by Mayor Pro Tem Bird, all voting "aye," rejected Bid No. 05-04 for the annual supply of ready mix concrete and re-advertising the bid. D.7 CONSIDER APPOINTMENTS TO THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, HISTORICAL PRESERVATION AND RESTORATION BOARD, AND ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS, AND TAKE APPROPRIATE ACTION. The School-Community Relations Committee will be on the December 6, 2004 City Council meeting agenda. A motion by Student Councilmember Garza, seconded by Student Deputy Mayor Pro Tern Grignon, all voting "aye," reappointed Dean Nichols and Angie Mayo to the Historical Preservation and Restoration Board, with appropriate letter. A motion by Councilman Robinson, seconded by Councilwoman Smith, all voting "aye," reappointed Dean Nichols and Angie Mayo to the Historical Preservation and Restoration Board, with appropriate letter. A motion by Student Deputy Mayor Pro Tern Grignon, seconded by Student Councilmember Garza, all voting "aye," moved Clare Connally to Place 2 of the Historical Preservation and Restoration Board, with appropriate letter. A motion by Deputy Mayor Pro Tern Bird, seconded by Councilman Robinson, all voting "aye," moved Clare Connally to Place 2 of the Historical Preservation and Restoration Board, with appropriate letter. A motion by Student Councilmember Garza, seconded by Student Councilwoman Negrete, all voting "aye," reappointed Clyde James, Ross Bumpass and Chris Smith to the Zoning Board of Adjustment and Building Code Board of Appeals, with appropriate letter. A motion by Councilman Robinson, seconded by Councilwoman Smith, all voting "aye," reappointed Clyde James, Ross Bumpass and Chris Smith to the Zoning Board of Adjustment and Building Code Board of Appeals, with appropriate letter. 7 Volume 94, page 68 D.8 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION. There were no travel reports or requests. D.9 PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS. Councilwoman Smith reported that Mayor Phelps and she attended Farmers Branch Station Area Form-based codes public workshop. 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 5:00 P.M. AND THEN RECESSED AT 5:25 P.M. THEN RECONVENED AT 6:15 P.M. AND CONCLUDED AT 7:20 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 explained that staff was present to discuss this item with Council. E.2 DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 51.072. Discuss the sale, trade or lease of City owned property or acquisition of property in the Farmers Branch Station Area, Farmers Branch, Texas. Discuss property acquisition at the southwest corner of Golfing Green Drive and Webb Chapel Road, Farmers Branch, Texas. Mayor Phelps explained that staff was present to discuss this item with the City Council. E.3 DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071. Discuss pending or contemplated litigation related to the environmental cleanup efforts of Wellmark International, located at 12200 Denton Drive in Dallas. Volume 94, page 69 Discuss the Texas Commission on Environmental Quality Inspection and Potential Enforcement Action/Camelot Landfill and the former St. Stephens Dry Cleaners site located at 2788 Valwood Pkwy. Mayor Phelps explained 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 on executive session. A motion by Councilwoman Smith, a second by Councilman Robinson, all voting "aye," adopted Resolution 2004-139 extending a lease with St. Paul Lutheran Church to provide parking for patrons of the Library on a month to month basis. Mayor Phelps explained Staff updated the City Council on the remaining items in executive session and no action was necessary. F.2 ADJOURNMENT. A motion by Student Deputy Mayor Pro Tern Grignon, a second by Student Councilman Negrete, all voting "aye," adjourned the City Council meeting of November 15, 2004 at 8:51 p.m. A motion by Councilman Robinson, a second by Councilwoman Smith, all voting "aye," adjourned the City Council meeting of November 15 004 at 8:51 p.m. Bob Phelps, May Cindee Peters, City Secretary Volume 94, page 70