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2000-10-16 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING OCTOBER 16, 2000 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Mayor Pro Tern Councilmembers Bob Phelps Bill Moses Calla Davis Charlie Bird Jim Robbs Paul Walden The following members of the City Administration were present: Acting City Manager Assistant City Manager Assistant to City Manager City Attorney City Secretary Communication Director Economic Development Director Director of Community Services Director of Planning City Engineer Director of Finance Director of Parks & Recreation Director of Equipment Services Library Director Police Chief Fire Chief Director of Public Works Traffic Engineer Recording Secretary Linda Groomer John Burke Margaret Somereve John Boyle Cindee Peters Tom Bryson Norma Nichols Michael Spicer Kaizer Rangwala Jerry Murawski Charles Cox Jeff Fuller Don Moore Mary Jane Stevenson Jimmy Fawcett Kyle King Mark Pavageaux Dave Davis Suzanne Reynolds The following member of the City Administration was absent: City Manager Richard L. Escalante Volume 84, page 114 Mayor Phelps called the City Council Meeting of October 16, 2000 to order at 7:33 P.M. The meeting was televised. A.1 INVOCATION. Mayor Phelps gave the invocation and led the pledge of allegiance to the flag. A.2 PROCLAIM THE WEEK OF OCTOBER 22 - 28 AS "WORLD POPULATION AWARENESS WEEK" IN THE CITY OF FARMERS BRANCH. Mayor Phelps read a proclamation declaring the week of October 22 - 28 as "World Population Awareness Week" in the City of Farmers Branch, Texas. A.3a PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a 5-year service award to Danny Bobo of the Public Works Department. Mavor's Announcement Mayor Phelps stated Jan Richardson of the Parks and Recreation Department will be going through cancer treatment and asked that she be remembered. A.4 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.5 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and the Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. B. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.7. Mayor Phelps stated consent items are items that are to be considered and action taken 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 established in order to speed up discussion for those items that need more time for discussion. Volume 84, page 115 A motion by Mayor Pro Tern Moses, seconded by Councilman Robbs, all voting "aye," approved the Consent Agenda. B. 1 APPROVED MINUTES OF CITY COUNCIL MEETING OF OCTOBER 2, 2000. B.2 APPROVED AUTHORIZING THE EXECUTION OF AGREEMENTS WITH THE FOLLOWING ORGANIZATIONS FOR FUNDING AS PROVIDED IN THE 2000-01. A. SENIOR ADULT SERVICES B. TEXAS CHAMBER ORCHESTRA C. DALLAS/FT. WORTH REGIONAL FILM COMMISSION D. METROCREST CHAMBER OF COMMERCE E. BROOKHAVEN COLLEGE F. FARMERS BRANCH CHAMBER OF COMMERCE G. NORTHWEST FAMILY OUTREACH H. METROCREST SOCIAL SERVICE CENTER 1. SPECIAL CARE AND CAREER SERVICES J. THE FAMILY PLACE B.3 APPROVED THE REQUEST OF D/B CONSTRUCTORS ON BEHALF OF KC CAPS FOR OF AN AMENDED SITE PLAN FOR AN APPROXIMATE 49,915 SQUARE FOOT OFFICE/WAREHOUSE BUILDING ON 3.83 ACRES LOCATED AT THE SOUTHEAST CORNER OF DIPLOMAT DRIVE AND SENLAC DRIVE, WITHIN PLANNED DEVELOPMENT NO. 22 ZONING DISTRICT. B.4 APPROVED THE REQUEST OF CYNTERGY LLC ON BEHALF OF HILTI DISTRIBUTION CENTER FOR SITE PLAN FOR AN 8,135 SQUARE FOOT WAREHOUSE EXPANSION AT 13635 STEMMONS FREEWAY GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE STEMMONS FREEWAY FRONTAGE ROAD AND BRANCH VIEW LANE, AND WITHIN THE PLANNED DEVELOPMENT NUMBER 25 ZONING DISTRICT. B.5 ADOPTED ORDINANCE NO. 2572 PROHIBITING PARKING ON NORTHBOUND TOM FIELD ROAD FROM FARMERS BRANCH LANE TO MOUNT VIEW DRIVE AND FROM 30 FEET SOUTH OF MARIETTA DRIVE TO VALLEY VIEW LANE; PROVIDING A PENALTY CLAUSE; AND PROVIDING A SEVERABILITY CLAUSE. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS PROHIBITING PARKING ON NORTHBOUND TOM FIELD ROAD FROM FARMERS BRANCH LANE TO MOUNT VIEW DRIVE AND FROM 30 FEET SOUTH OF MARIETTA Volume 84, page 116 DRIVE TO VALLEY VIEW LANE; PROVIDING A PENALTY; AND PROVIDING A SEVERABILITY CLAUSE. B.6 ADOPTED RESOLUTION NO. 2000-171 AUTHORIZING FINAL PAYMENT FOR THE STREET MARKING INSTALLATION CONTRACT TO B.T.A. SERVICES. B.7 ADOPTED ORDINANCE NO. 2573 EXTENDING TCI CABLE FRANCHISE FOR A PERIOD OF THREE MONTHS. AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, EXTENDING THE FRANCHISE GRANTED TO TCI CABLEVISION OF DALLAS, INC. BY THE PASSAGE OF ORDINANCE NO., 1289 ON JANUARY 21, 1980, ORDINANCE NO. 1601 ON SEPTEMBER 9, 1985, AND ORDINANCE NO. 1846 ON OCTOBER 23, 1989 AND ESTABLISHING AN EFFECTIVE DATE. C.1 PUBLIC HEARING: CONSIDER THE REQUEST BY TRIPLE A. OIL, INC., FOR APPROVAL OF A SPECIFIC USE PERMIT AND ASSOCIATED SITE PLAN FOR THE REMOVAL OF EXISTING GASOLINE SERVICE STATION FACILITIES AND CONSTRUCT A NEW GASOLINE SERVICE STATION INCLUDING CONVENIENCE STORE AND CAR WASH FACILITIES, LOCATED AT 2360 VALWOOD PARKWAY, WITHIN THE PLANNED DEVELOPMENT NO. 70 OLD FARMERS BRANCH FREEWAY SUBDISTRICT AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant is requesting approval of a specific use permit to redevelop the subject property as a gasoline service station including convenience store and car wash facilities. The existing Texaco station will be removed, and proposed improvements consist of a 3,011 square foot convenience store building; five pump islands accommodating 10 fueling stations; and a 672 square foot single-car automated car wash bay. The existing underground fuel storage tanks shall remain. The proposed land use is consistent with the intent of the Comprehensive Plan, which identifies this area as General Commercial. The use is compatible with existing surrounding businesses typically found at the intersection of arterial roadways with freeways. Staff does not anticipate any negative impact on existing or future adjacent developments. The Planned Development Ordinance 70 allows special exceptions to the development standards contained within the ordinance. The Planning and Zoning Commission approved special exceptions for signage including Volume 84, page 117 establishing legal non-conforming signage, landscaping, and setback encroachment. A fire hydrant is required along the IH-35E frontage road, immediately north of the access drive approach, within 3 feet to 6 feet of the pavement from the access drive. The applicant shall be responsible for extending an 8-inch water line to service the hydrant. The Planning and Zoning Commission, by unanimous vote, approved the requested special exceptions and recommends approval of the proposed specific use permit request, subject to the associated site plan drawing, with the following conditions: 1. The gasoline service station including convenience store and car wash facilities shall comply with the Plan of Operation, file-dated October 2, 2000. 2. The applicant shall install an 8-inch water line along the IH-35E frontage road from the existing 8-inch water line near Valwood Parkway, southward to the north side of the access drive approach from IH-35E frontage road, and relocate the proposed fire hydrant within 3 feet to 6 feet of the pavement on the north side of said access drive approach. Mayor Phelps opened the public hearing. A motion by Councilman Walden, seconded by Councilman Davis, all voting "aye," closed the public hearing. Mayor Pro Tern Moses asked application if he was in agreement with the conditions recommended by the Planning and Zoning Commission. The applicant replied yes. There being no further discussion, a motion by Councilman Walden, seconded by Mayor Pro Tern Moses, all voting "aye," adopted the following captioned Ordinance No. 2574 approving the specific use permit, subject to the associated site plan, with the Planning and Zoning Commission's recommended conditions for approval. 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 FOR THE REMOVAL OF EXISTING GASOLINE SERVICE STATION FACILITIES AND CONSTRUCT A NEW GASOLINE SERVICE STATION INCLUDING CONVENIENCE Volume 84, page 118 STORE AND CAR WASH FACILITIES, LOCATED AT 2360 VALWOOD PARKWAY AND WITHIN THE PLANNED DEVELOPMENT NUMBER 70 (PD-70 OFB-FW) 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 DISCUSSION AND CONSIDERATION OF FARMERS BRANCH CREEK STUDY, AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. At the September 25, 2000 City Council meeting, Nathan D. Maier Consulting Engineers and staff made presentations regarding the causes of erosion and sedimentation along Farmers Branch Creek as well as methods by which erosion and sedimentation could be controlled. While these reports provide substantial information regarding the nature of erosion and sedimentation and control measures, they did not address the policy issues or the legal, administrative, and financial alternatives available should the City Council wish to re-evaluate the City's policy. Staff presented a preliminary outline of such a study, and the City Council directed staff to proceed with development of the plan of study, estimate the cost of such a study, and bring the estimate back at the October 16, 2000 meeting. A proposed plan of study has been prepared. The study will include an analysis of the legal, administrative, and financial alternatives available along with the joint public-private partnership opportunities. While the focus of the study will be on Farmers Branch Creek, the study and any policy change will have implications for the City's position regarding all creeks of the City. The proposed plan will provide for the work to be done in two phases. The first phase will involve research concerning legal issues and a broad range of financial, administrative, and engineering alternatives. An interim report will be presented to the City Council in the February-March 2001 time frame. After consideration of this report and public comment, the City Council may select policy options and various financial alternatives for further examination. The Phase Two report will provide a more detailed analysis of these options. Public input will be sought early in the process by seeking comments and suggestions regarding the plan of study. Public comments would also be sought after the presentation of the interim report. The City Council could hear public comment before narrowing the focus of the study and initiation of Phase Two. Volume 84, page 119 Most of the work will be done in-house. The estimated cost of consulting and legal services for the work as outlined in the proposed plan of study is projected to be between $25,000 and $30,000. Staff recommends that the research plan be approved by the City Council and submitted to the public for input and suggestions. Paul Tartaglia, 12414 Veronica Circle, asked what the time frame is on the study. Mayor Phelps stated the interim report would be presented to the City Council on a February - March time frame. Mr. Tartaglia asked what is the City's responsibility concerning the creek. John Boyle, City Attorney, stated the study would review the City's responsibility in regard to the creek according to state law. John Boyle, City Attorney, stated we have in the past reviewed all of the responsibilities relative to any existing easements or property owned by the City. We will be going through the details on it and include that in our report and will be reviewing the City's abilities to operate in certain areas under State Laws. Mr. Boyle stated it has been his opinion as the City Attorney for a long time that the City has no legal liability. Mr. Tartaglia stated from Mr. Boyle's comments "the City is not responsible for anything on the creek." Councilwoman Davis commented that in the past, the City has made erosion control improvements along the creek only on property owned by the City. The creek property that is privately owned is the responsibility of the homeowner. Councilwoman Davis stated that the City by law cannot spend tax payers money on privately owned property. Mr. Tartaglia asked again if the policy is that the City is only responsible for City property. Mayor Phelps stated that the City is not responsible for erosion problems on private property. Linda Groomer, Acting City Manager, stated that Traci Leach, Management Analyst, has copies of the Proposed Plan of Study for the public's review. Ms. Groomer stated the study would allow the City to investigate Volume 84, page 120 alternatives including financing methods that may involve public/private partnerships. Mr. Tartaglia asked what the policy was before the issue of the study came up. Councilwoman Davis noted that it is the same policy that the City uses in regard to privately owned properties that are not on the creek. Thomas Koch, 12254 Brisbane, stated he feels the City wants to control everything on the creek but does not want any responsibility for the creek. Mr. Koch stated his neighbor put in a wall to save his property and now the City wants to fine him. He stated he spent $27,000 on a retaining wall to protect his property from erosion and now he is being taxed to save his property. Mayor Phelps stated that the study will include a legal review and, if the law provides that the City cannot do work on the creek, then the City will not do any work on the creek. Councilwoman Davis stated the laws provide that the City does not own the water in the creek and there are certain rules and laws that govern the water in the creek. Ms. Groomer stated the engineering studies have identified some options about what can be done within the creek. Now this study will help determine what the City may be able to do to implement portions of the plan. Mr. Koch asked what the people down stream are going to do while the study is being conducted; they are losing their property to erosion. Ms. Groomer stated she appreciates his concerns but the studies do not happen over night. Mr. Koch stated that perhaps the city would consider going back to 1960 on their study instead of 1986 when all the up streamed building stopped. Jerry Murawski, City Engineer, stated that the City adopted the first floodplain ordinance in 1973. The ordinance provided for the City's participation in the National Flood Insurance Program and established regulatory authority over activities along creeks. Regulatory authority is required for participation in the flood insurance program. The City's authority is to insure that anything done in the creeks does not increase flooding upstream or downstream. If anyone wants to install erosion Volume 84, page 121 control improvements, they need to obtain a floodplain permit. There is no cost for the permit. Mr. Koch stated he did not know, nor believed anyone else knew, about the 1973 National Flood in Plan Insurance Program. Mr. Murawski commented if the property is in the 100 year floodplain, a mortgage company would require flood insurance on the property. Mayor Phelps stated in his experience a homeowner's policy would not cover flood damage to the homes. Initially someone could only buy flood insurance only if they lived in the floodplain. Now flood insurance can be purchased by persons who do not live in the floodplain. Mr. Koch asked if this insurance would cover land and trees. Mayor Phelps replied no, strictly the house and contents. Mr. Koch asked why the residents along the creek cannot receive a tax break for protecting their property. Mayor Phelps stated if the residents along the creek get a tax break then other residents could come to City Hall and request a tax break. Mayor Phelps stated this item has been reviewed many times and Council needs to decide whether staff should move forward with the study. Mr. Koch asked if his organization could ask that the study go back further than 1986. Councilman Walden stated he has heard Mr. Koch's statements about how long the study was going to take while the erosion problems continue for the downstream residents. Now Mr. Koch wants to go back further which would take longer for the study. Councilman Walden stated he felt these to be incongruent statements, and asked for clarification if he was not understanding correctly. Councilman Walden asked Mr. Koch if he is in favor or against the study going forward. Mr. Koch replied, both, but would the Council consider a study going further back. He also feels that the City is responsible for what goes on in the creek. Councilman Walden asked Mr. Koch if he had read the initial Creek Sedimentation Study. Mr. Koch replied as much as he could understand. Volume 84, page 122 Councilman Walden commented the study points out that the culprit in the creek problem is not large developments east of the City. Councilman Walden stated that the Council is trying to make a good faith effort toward understanding what all the options are. He stated the City has no legal obligation for the problems on the creek but the Council is trying to come to some equitable solution to resolve the problems. Councilman Bird stated Acting City Manager Groomer explained the study very well with regard to the purpose of the study being to go forward to find an equitable solution rather than to continue to review the engineering issues. Mr. Koch expressed that the study needed to go back further. Mayor Phelps commented when it rains the creek changes and no one has control over it. Councilman Bird commended the study is taking care of what is happening now, not what happened before. Ruth Alihalia, 2901 North Sunbeck Circle, asked that the City Attorney verify that all the storm sewers were built in compliance with the flood plain ordinance. Mayor Phelps stated the study indicates that there has been more rain in recent years than in the past. Mayor Phelps asked Mr. Murawski if Ms. Alihalia could have a copy of the Ordinance. Ms. Alihalia replied she had a copy of the Ordinance; she asked if the mains in the creek were in before or after the Ordinance was passed. Mr. Murawski stated the floodplain changes and the model reflect the floodplain as it exists today. He stated any improvements the City has done have been in compliance with the Ordinance. Mayor Phelps asked how often the Federal government updates the floodplain. Mr. Murawski replied FEMA periodically reviews the floodplain. Most changes to the floodplain delineation are initiated by the cities. Mayor Phelps asked if this study would update the information on the floodplain. Volume 84, page 123 Mr. Murawski replied yes, it was part of the study. Mayor Phelps stated this item is not to discuss the creek; this item is only to discuss the study that will be used to try and resolve the creek problems. Mr. Tartaglia stated since 1979 the floodplain has been adjusted four to five feet on his property. Councilman Robbs stated there are about 150 homes on the creek versus about 6,000 home in other parts of the City. The City Council has spent approximately $170,000 to study this problem so far. An additional $25,000 to $30,000 will now be spent to determine the legal ramifications to help the residents on the creek. Councilman Robbs stated the City is not against the residents along the creek, they are on their side. There being no further discussion, a motion by Mayor Pro Tern Moses, seconded by Councilwoman Davis, all voting "aye," adopted the plan of study and submit to the public for input and suggestions. D.2 CONSIDER REQUEST OF MR. JAMES A. POTTS, JR. CONCERNING PRIVATE PROPERTY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. On September 21, 2000, the city street sweeper struck two unoccupied parked vehicles near 14521 Forestdale Lane. Both vehicles were determined to be total losses by the local insurance adjuster contracted by the Texas Municipal League Intergovernmental Risk Pool to resolve these claims. Owners of both vehicles were offered the actual cash value of their vehicles at the time of the accident as settlement for the accident. One owner has accepted the offer for settlement. Another owner, Mr. James A. Potts, Jr. has requested to address the City Council. A copy of the adjuster's evaluation was obtained and reviewed by staff. The evaluation was performed according to industry standards. The Texas Municipal League has denied Mr. Potts' request for additional funds for replacement cost of his vehicle. Staff recommends that Mr. Potts be referred to the Texas Municipal League in regard to this accident. James A. Potts, Jr., 14,121 Forestdale, stated a City street sweeper destroyed his car and he feels he has suffered a great economic loss. He asked the Council to consider providing him with funds in addition to those Volume 84, page 124 offered by the City's insurance carrier to purchase a replacement automobile. Further he stated the City's insurance estimated the value of his vehicle at fair market value not replacement value. He is asking the City Council to intervene with Texas Municipal League and then to provide him with replacement cost for his vehicle. Mayor Phelps explained how state law affects liability settlements on automobile damage. He stated if people chose to handle a claim themselves, that relieves the insurance company from any responsibility for the claim . Mayor Phelps stated the City uses Texas Municipal League to handle these claims for the City, and if Mr. Potts has a complaint he should contact Texas Municipal League and work with them. Mayor Pro Tern Moses asked Mr. Potts to describe his vehicle. Mayor Pro Tern Moses referred to the NADA Bluebook in which the value of the automobile was listed at $3,800, less $650 for high mileage, for a total value of $3,150. Councilman Walden explained that just like anyone, the City transfers their risk to an insurance company who accepts premiums for that risk Mr. Potts should work directly with Texas Municipal League, not the City. Mr. Potts stated he feels the City should intervene on behalf of the citizens. Councilman Walden again stated Mr. Potts should contact Texas Municipal League. The City cannot contractually negotiate a settlement with him. There being no further discussion, a motion by Councilman Walden, seconded by Councilman Bird, all voting "aye," referred Mr. Potts to the Texas Municipal League in regard to this accident. D.3 CONSIDER ADOPTING RESOLUTION NO. 2000-173 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH REED ENGINEERING GROUP FOR ENGINEERING AND GEOTECHNICAL SERVICES AT THE CITY'S CAMELOT LANDFILL FACILITY AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. During the negotiations of the contract between Trinity Waste and the City, the City agreed to modify the landfill permit. Staff has negotiated a contract for engineering services with Reed Engineering. The principal tasks required to complete the modification Volume 84, page 125 include redesign of the landfill floor and top contours, re-evaluation of site hydrology and hydraulics, redesign of facility drainage and retention structures, redesign of many of the permit drawings, recalculation of airspace and soil balance, and modification of text as required to describe the modifications. The estimated cost to prepare the permit modification is $160,000.00. The Public Works Department budget has $160,000.00 for engineering services at the Camelot Landfill. The Director of Public Works recommends the adoption of Resolution No. 2000-173. There being no discussion, a motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," adopted Resolution No. 2000-173. D.4 CONSIDER ADOPTING RESOLUTION NO. 2000-170 ACCEPTING A SPECIAL WARRANTY DEED FROM TRANSCONTINENTAL REALTY INVESTORS, INC. DONATING LAND FOR THE CONSTRUCTION OF AN ELEVATED WATER STORAGE FACILITY ON THE WEST SIDE OF FARMERS BRANCH AND TAKE APPROPRIATE ACTION. The construction of an elevated water storage tank on the west side is budgeted in the 2000-01 Capital Improvement Program in the amount of $2,554,000. The proposed tank is an important improvement to meet the future water demands for the entire City. The location of the proposed elevated water storage tank is a 2.021-acre tract of land located at the southeast corner of the intersection of Crown Drive and Mathis Avenue. Transcontinental Realty Investors, Inc., owner of the 2.021-acre tract is donating the land to the City for the proposed elevated water storage tank. If the City Council accepts the land, a letter of appreciation will be sent to Transcontinental Realty Investors, Inc. The City Engineer recommends adopting Resolution No. 2000-170 accepting the special warranty deed from Transcontinental Realty Investors, Inc. donating land for the construction of an elevated water storage facility on the west side of Farmers Branch. There being no discussion, a motion by Councilman Robbs, seconded by Mayor Pro Tern Moses, all voting "aye," adopted Resolution No. 2000-170 accepting the special warranty deed from Transcontinental Realty Investors, Inc. donating land for the construction of an elevated water storage facility on the west side of Farmers Branch. Volume 84, page 126 D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no travel reports or requests. D.6 CITIZEN PARTICIPATION. There was no citizen participation. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 5:00 P.M. WORK SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:38 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 a DISCUSS LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072 1. DISCUSS LAND ACQUISITION OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW LANE AND HUTTON DRIVE (ALFRED CIRCLE) AND CONSIDERATION OF THE APPROVAL OF USE OF EMINENT DOMAIN AND TAKE APPROPRIATE ACTION. 2. DISCUSS PURCHASE, SALE, LEASE, OR EXCHANGE OF PROPERTY OWNED BY THE CITY OF FARMERS BRANCH AND PROPERTY OWNED BY THE CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT FOR SCHOOL SITE LOCATIONS AND TAKE APPROPRIATE ACTION. 3. DISCUSS SALE OR TRADE OF CITY OWNED PROPERTY LOCATED BETWEEN ROSSFORD STREET AND DENTON DRIVE FROM VALLEY VIEW LANE TO HAVENHURST STREET AND TAKE APPROPRIATE ACTION. Mayor Phelps explained Staff was present to discuss these items with the City Council. E.1 b DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.072 Volume 84, page 127 1. DISCUSS PARTICIPATING IN THE CITY OF DENTON'S LAWSUIT AGAINST TXU ELECTRIC AND GAS AND TAKE APPROPRIATE ACTION. 2. DISCUSS LITIGATION RELATIVE TO R. C. SMALL AND AN AGREEMENT WITH R. C. SMALL AND ASSOCIATES, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps explained Staff was present to discuss this item with the City Council. E.2 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps called for necessary action on Executive Session items. A motion by Councilwoman Davis, a second by Mayor Pro Tern Moses, all voting "aye", adopted Resolution No. 2000-178 authorizing the City Manager to sign a letter of agreement with TXU Electric and TXU Gas that the City of Farmers Branch will not enter into any litigation against TXU Electric and TXU Gas related to the calculation of past franchise fees. Mayor Phelps stated the City Council was updated on land acquisition and no action was necessary. F.1 ADJOURNMENT. A motion by Councilman Bird, a second by Councilman Robbs, all voting "aye", adjourned the City Council meeting of October 16, 2000, at 8:52 P.M. ?IQAX~ Mayor City Secretary Volume 84, page 128