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2000-12-04 CC Minutesi 1 CITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING DECEMBER 4, 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 Jim Robbs Charlie Bird Paul Walden The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Groomer Assistant City Manager John Burke Assistant to City Manager Margaret Somereve Assistant to City Manager John Roach City Attorney John Boyle City Secretary Cindee Peters Communication Director Tom Bryson Economic Development Director Norma Nichols Director of Community Services Michael Spicer Director of Planning Kaizer Rangwala City Engineer Jerry Murawski Director of Finance Charles Cox Director of Parks & Recreation Jeff Fuller Director of Equipment Services Don Moore Library Director Mary Jane Stevenson Police Chief Jimmy Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux Traffic Engineer Dave Davis Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council Meeting of December 4, 2000 to order at 7:32 P.M. The meeting was televised. A.1 INVOCATION. Councilman Robbs gave the invocation and Mayor Pro Tern Moses led the pledge of allegiance to the flag. Volume 85, page 30 A.2 PROCLAIM DECEMBER AS HOLIDAY HOME FIRE SAFETY MONTH. Mayor Phelps read a proclamation and presented it to Chief King, which proclaimed December 2000 as "Holiday Home Fire Safety Month" in the City of Farmers Branch, Texas. A.3 PROCLAIM DECEMBER 2000 AS "RED LIGHT AWARENESS MONTH" IN THE CITY OF FARMERS BRANCH. Mayor Phelps read a proclamation and presented it to Chief Fawcett, which proclaimed December 2000 as "Red Light Awareness Month" in the City of Farmers Branch, Texas. A.4 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a 15-year employee service award to Duane Bishop of the Communications Division. Mayor Phelps presented a 20-year employee service award to Steve Bock of the Fire Department. A.5 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. A.6 REPORT ON STUDY SESSION ITEMS. Mayor Phelps and Council gave a brief summary of the items discussed in Study Session prior to the regular meeting. City Manager's Announcement Mr. Escalante stated the two 14-year-old girls that were reported missing on November 26, 2000 had been found at 7:15 p.m. this evening and the girls are safe. Mr. Escalante credited an aggressive investigation by the Farmers Branch Police Department with the resolution of this incident. B. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.S. 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. A motion by Mayor Pro Tern Moses, seconded by Councilman Robbs, all voting "aye," added item D.1 to the Consent Agenda. Volume 85, page 31 A motion by Mayor Pro Tern Moses, seconded by Councilwoman Davis, all voting "aye," approved the Consent Agenda as amended. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF NOVEMBER 20, 2000. B.2 ADOPTED RESOLUTION NO. 2000-194 ACCEPTING A FIRE LANE EASEMENT AND WARRANTY DEED FROM VALLEY VIEW CENTRAL SHOPPING CENTER L.P. B.3 ADOPTED RESOLUTION NO. 2000-191 AMENDING THE BOARDS AND COMMISSIONS RECOGNITION POLICY. B.4 ADOPTED RESOLUTION NO. 2000-189 AWARDING A BID TO WICKHAM SUPPLY INC. FOR THE ANNUAL SUPPLY OF IRRIGATION PARTS FOR THE PARKS AND RECREATION DEPARTMENT. B.5 ADOPTED RESOLUTION NO. 2000-188 AWARDING A BID TO MILLS ELECTRICAL CONTRACTORS FOR ELECTRICAL REPAIRS FOR THE PARKS. D.1 ADOPTED RESOLUTION NO. 2000-190 AWARDING BIDS FOR AN ANNUAL SUPPLY OF CHEMICALS AND FERTILIZERS FOR THE PARKS AND RECREATION DEPARTMENT. C.1 PUBLIC HEARING: CONSIDER THE REQUEST OF J. RINGER CUSTOM HOMES TO CHANGE THE ZONING ON 4.874 ACRES FROM ONE FAMILY RESIDENCE DISTRICT-2 TO A PLANNED DEVELOPMENT ZONING DISTRICT THAT WOULD ALLOW FOR 20 SINGLE-FAMILY RESIDENTIAL LOTS, ESTABLISH USE AND DEVELOPMENT STANDARDS AND APPROVE AN ASSOCIATED SCAPE PLAN AND SITE PLAN DEPICTING THE LOT LAYOUT FOR THE PROPERTIES LOCATED AT 2910, 2926, 2942, 2965 AND 2970 SOUTH SUNBECK CIRCLE AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The applicant proposes to develop 20 single-family residences on six existing lots presently improved with five residences. The proposed 20 residences will be developed in four separate courtyards, each served by a private common cul-de-sac accessible from South Sunbeck Circle. Sunbeck Circle can be characterized as a country lane that serves a modest residential density. The existing development pattern includes large lots having deep setbacks with mature trees in the front yard. South Sunbeck Circle has different characteristics than North Sunbeck Circle. The southern section is closer to the interstate and commercial uses and has lots that abut or face two churches and associated parking lots. Volume 85, page 32 The central issue on this rezoning case is whether the character of Sunbeck Circle should remain the country lane that it is today or be transformed into a street that functions more like a collector street with individual subdivisions gaining access from it. Because the proposed lots are oriented internally around multiple cul-de-sacs, the treatment along Josey Lane and South Sunbeck Circle is critical. A wood fence with brick columns is proposed on the property line along South Sunbeck Circle. The same fence type with a 16-inch brick base is proposed on the property line along Josey Lane. The City has experienced numerous problems with wooden fences along several of our major thoroughfares. A brick fence is more durable and consistent with other upscale developments in the City. No landscaping is proposed by the applicant along Josey Lane. Landscaping proposed by the applicant along Sunbeck Circle is four feet wide and located entirely within the street right-of-way. The proposed development will change the character of South Sunbeck Circle. Should there be a desire to retain and improve the existing single-family country lane character, the proposed development is not appropriate. Should the City Council believe the existing development pattern is no longer viable and a major change in the character of Sunbeck Circle is appropriate, then this proposal should be evaluated? The Planning and Zoning Commission recommends, by a 6 to 1 vote, approval of this case with the following conditions: 1. The proposed eight foot tall fence along South Sunbeck Circle and Josey Lane be located at a setback of 5 feet from the public rights-of-way and the setback area be landscaped in a manner that diminishes the visual impact of the fence from public view. The applicant shall provide a revised landscape plan prior to the City Council hearing addressing this condition. 2. The proposed fences along Josey Lane and South Sunbeck Circle frontages shall be constructed as proposed by the applicant. 3. The content of the sign at the corner of Josey Lane and South Sunbeck Circle shall represent all lots along Sunbeck Circle. Sign drawings showing the sign location, type, material, content, and dimensions shall be submitted prior to the City Council hearing. The applicant has not complied with the conditions recommended by the Planning and Zoning Commission relative to providing a revised landscape plan and sign drawings. Mayor Phelps opened the public hearing. Jurgen Ringer, President of Ringer Custom Homes, 4112 Edith Court, Dallas, applicant for the Sunbeck Circle project, reviewed his educational background and his professional qualifications. Volume 85, page 33 Mrs. Ringer passed out photographs of Edith Court to the Council, a development built by Mr. Ringer in Dallas, to show the entranceway and the fencing setback to the proposed development. Michael Coker, 6350 LBJ Freeway, representing Ringer Custom Homes reviewed his professional credentials. He stated Mr. Ringer requested three things of him: (1) provide an atmosphere where the developer and the city could come up with a solution that would benefit the community; (2) submit the property materials that staff needs; and (3) help preserve a profitable development. Mr. Coker elaborated on the three items that Mr. Ringer requested him to do. Nettie Nickless, 2965 S. Sunbeck Circle, spoke in favor of this development. John Tallman, 2946 S. Sunbeck Circle, stated he feels that Farmers Branch would benefit from this development. Raul Solis, 2942 S. Sunbeck Circle, stated he was in favor of this project. He also stated his neighbors the Sanchez family, 2934 S. Sunbeck Circle, are also in favor of this project. Dawn Holmberg, 2970 S. Sunbeck Circle, stated she is in favor of this project and feels this development would make the neighborhood better. Robert W. Wadley, 2980 S. Sunbeck Circle, stated he would be most affected by the proposed development since his property would be facing the fence/wall along the curve. He stated he spoke with Mr. Ringer regarding landscaping around the wall, and Mr. Ringer assured him there would be landscaping provided. Mr. Wadley stated he is in favor of the proposed development. Jan Garb, 2973 N Sunbeck Circle, stated she feels the time is right for this development and feels that Farmers Branch needs excellent homes. Ms. Garb praised Mr. Ringer's efforts in this project and supports the proposed development. Morton Hopkins, realtor for Ebby Holiday, 5999 W. Northwest Highway, stated he would like to urge the City to approve Mr. Ringer's proposal. Thomas A. Williams, 2955 N. Sunbeck Circle, stated he has mixed feelings about the development and its impact on the existing tranquility of Sunbeck Circle. He stated that he and his wife would like the Council to decide what is best for Sunbeck Circle. Ann Barfield, 2971 N. Sunbeck Circle, stated she enjoys the tranquility and country atmosphere of Sunbeck Circle and is opposed to the proposed development. Ruth Alhilali, 2901 N. Sunbeck Circle, stated she is in favor of the project because she does not want to see the area zoned commercial. Volume 85, page 34 Michael Ann Loftus, 2971-A Sunbeck Circle, stated she does not want to lose the character of the neighborhood and opposes the proposed development. Charles Montemayor, 2940 N. Sunbeck Circle, stated he likes the country atmosphere and felt that the only reason some residents were supporting Mr. Ringer's project was because they are trying to sell their homes to him. Joan Bareis, 2935 N. Sunbeck Circle, stated she apologizes to the Planning and Zoning Commission for voicing her opinion in favor of the proposed development. She now is opposed to the proposed development because of the 8-foot fence. Mr. Ringer stated he appreciated the support from the residents who are in favor of the proposed development. He asked those residents in favor to please raise their hands. Ms. Bareis stated the individuals selling their homes on S. Sunbeck Circle would not have to look at the eight-foot fences. Mr. Tallman stated traffic would not be a problem and feels the traffic from this development would largely stay on S. Sunbeck Circle. Ms. Holmberg stated Farmers Branch is known for its beautiful parks and would hate to see this project denied because someone likes to use the public roadway to walk. She stated she uses S. Sunbeck Circle to access Josey Lane. Ms. Nickless stated she never goes out onto N. Sunbeck Circle. Ms. Barfield stated it is more than just the traffic. She feels it is an issue of character, the country atmosphere, and the proposed development is a big modern development. A motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," closed the public hearing. There followed a lengthy discussion between Mr. Ringer and the City Council. Discussion included development style; country lane atmosphere; fencing; setback requirements; landscaping and waterlines. Council also discussed reducing the number of homes from 20 to 16. Mayor Phelps stated to Mr. Ringer that he had submitted drawings showing Edith Court, which has nothing do to with the proposed development in Farmers Branch. Mr. Ringer stated there was an extended period of exchange of information between the City and him. He stated in a booklet dated April, it was discussed that the landscape proposal for Sunbeck Circle was the same as Edith Court. Volume 85, page 35 Mr. Ringer stated with given time he was confident that he could put in 16 lots, 100 feet x 110 feet. He reviewed the dimensions with Council. Mr. Escalante stated what is important for the City of Farmers Branch and staff is what is being proposed here in Farmers Branch, not elsewhere, particularly how the development would relate to the street, to north Sunbeck Circle, the existing street, and the street when the street is widened. He stated that kind of information is vital to the City doing the analysis. He stated the information that was heard from the residents expressing concern about the fence is important because more information was needed as to specifically where the fence was going to be, how high it was going to be, and where would it be compared to the right-of-way, and that information was not provided until recently. He stated over the months, the City has looked at photographs, visited Edith Court and visited other Ringer developments. He stated the issue is how what was done at Edith Court applies in this instance and what the applicant was agreeing to do. Questions have been asked as to what will be required of the developer and that is what is in the Ordinance and the site plan. He stated it is that information that is vital and that was not received in Mr. Ringer's plan to scale until late in the process. Mayor Phelps stated there were two items that needed to be presented to staff before the Council meeting as required by the Planning and Zoning Commission, and he has not seen the drawing of the sign. He stated in the minutes from the Planning and Zoning Commission there was a section that read: Mr. Barfield stated that he was neither in favor or opposed to the request, he would like more information. Mr. Ringer responded, "there are some of the provisions that have told the neighborhood about that I do not think you were there Sir, but the things that we are planning for Sunbeck Circle, if we get approved, some of those are in the Ordinance and some of the things we are not going to do are also in the Ordinance." Mayor Phelps asked Mr. Ringer what items in the Ordinance would he not do. Mr. Ringer stated there is a long list of items that are going to be restricted in the Sunbeck Circle Program. He stated none of them are going to be withdrawn, however, when staff reviewed those items there were a number that were not suitable for enforcement by the City. Therefore, they were taken out of the ordinance. Mr. Ringer did state that there is nothing in the ordinance that they would not do. Mr. Coker stated he worked with Mr. Rangwala to come up with items that were not appropriate for the planned development. He stated the items taken out would be covered in the private deed restrictions at the location. Mayor Phelps asked why the two items were not delivered to Council before the Council meeting. Mr. Coker stated the Planning and Zoning Commission wanted an additional five- foot set back along Josey and Sunbeck Circle for the landscape plan. He stated Volume 85, page 36 they disagreed with that and wanted to plead their case with the Council. Mr. Coker stated as in the picture of the Edith Court sign, the backdrop will be solid brick with cast stone and the sign itself will be the same as the Edith Court sign. Mayor Phelps stated he felt this should have been communicated to staff. Councilman Robbs stated a development of this nature would be good for the community but he has some concerns about the safety of the residents. He asked Mr. Spicer about the radius of the cul-de-sac. Michael Spicer, Director of Community Services, replied the radius would be 35 feet. Councilman Robbs asked Fire Chief King if the radius was wide enough to accommodate an EMS truck and fire engine. Chief King replied an ambulance could turn around but not a fire engine. This would be a dead end situation and a fire engine would have to back out. Councilman Robbs asked if it were a requirement that the fire engine accompany the EMS on the call. Chief King replied yes. Councilman Bird stated he is concerned about the City paying for the waterline. He stated the City would be setting a precedent if they paid for the waterline. Councilman Bird stated he feels that the Planning and Zoning Commission did not get all the information they needed. He stated the five-foot set back is not enough; other areas in the City require a ten-foot set back. Councilman Bird stated he was not in favor of the wooden fence and would be glad to see the fence brought down to six feet if it was brick. Councilman Bird asked Mr. Ringer if he would like to comment on any of his concerns. Mr. Ringer stated the cost of the development is a balancing act. With increased costs, the increases have to be made up from somewhere else. He stated the setbacks are a serious problem. If you take ten feet of a set back instead of five feet it reduces the size of several of the lots. Councilman Bird asked Mr. Ringer to explain his previous statement concerning the 20 lots. Mr. Ringer stated if the 20 lots were reduced to 18 lots, his revenue would be decreased by $20,000. He stated he is trying to keep the value of the lots at about $83,000 each. Volume 85, page 37 Mayor Pro Tern Moses stated he agrees with many of the things Mr. Ringer has said. He stated he wanted to be assured that the entryway of Sunbeck Circle would look like the Edith Court entryway. Mr. Ringer replied yes it would look like the Edith Court sign entryway. Councilman Moses asked if the two-story housing as shown in the Edith Court photographs would be proposed in the cul-del-sac. Mr. Ringer stated that they would be custom homes, but the price would be lower. Mr. Moses stated he would like the entryway, a brick fence on Josey, no wood only brick, waterline to be paid for by the developer, and 16 lots instead of 20. Councilwoman Davis stated she has been on the Council for 14 years and does not recall this area being considered for commercial development. She stated she thinks Mr. Ringer has some good ideas but feels he needs to get all his ducks in a row. She stated staff bases their recommendations on design work not photographs. She stated she is concerned about the many fences that would have to be put up. Councilwoman Davis again stated that she likes the idea but feels Mr. Ringer should provide more technical information to staff. She also feels the waterline should be paid for by the developer, and the five foot set back needs to be changed. Mr. Ringer stated that he feels he has provided a comprehensive plan for the project that states what the proposed development will be. He stated if he has to change the proposal this would make it a different project and the numbers would not work. He stated if he has to accept these alternatives this would kill this project. Mr. Ringer reviewed the fence requirements of the project. Councilman Walden stated he visited Edith Court and Sunbeck Circle last week. He stated Mr. Ringer presented him with a drawing. He showed the drawing to Mr. Spicer and Mr. Rangwala and it was materially different from the drawing that had been give to the Community Services in regard to where the fences would be located. Mr. Walden stated his concern is that the proposal for this project is not as precise as it needs to be. Mr. Ringer stated that the difference dealt with the height and length of the fences. He apologized and stated he should not have given Councilman Walden the drawing. Mayor Pro Tern Moses asked how soon the home owners association will go into effect and how will it be done. Volume 85, page 38 Mr. Ringer stated they would build two spec homes on the first courtyard. Mayor Pro Tern Moses asked if the development is not completed and there are only two houses sold, what would happen to the two homeowners. Mr. Ringer stated the preliminary plan is to have a separate homeowners association for each courtyard. He stated he would like to modify it when they get market response. He stated no lots could be sold without having homeowner's association documents property prepared, legalized and filed because in effect they become a part of the deed. Mayor Phelps stated Council has spent two hours on this item with discussion from the Council, Mr. Ringer and homeowners. Mayor Phelps stated the Council has five alternatives as highlighted in the written cover memo and the Council is responsible for making the final decision. Councilman Walden made a motion to send this item back to the Planning and Zoning Commission for reconsideration. The motion died for lack of a second. It was moved by Councilman Robbs, seconded by Councilman Bird, to deny this request. Councilman Bird stated Mr. Ringer has given Council the ground rules. He stated since Mr. Ringer does not want the brick fence, cannot live with in the 10 foot setback and is not willing to put in the waterline, he feels he cannot approve this item. Councilwoman Davis stated in the event this item is denied, she would like to deny it without prejudice. She stated it could be added to Councilman Robbs motion. It was agreed by the motion and the second to add "without prejudice" to the motion. Councilman Walden asked what the material difference is between his motion and Councilman Robbs' motion. Mr. Escalante explained there is a difference between the motions. On a practical basis, in the case of Council turning it down without prejudice, Mr. Ringer is free to file another application and refiling this information or whatever changes he wants to make and file a new application for the rezoning and going to the Planning and Zoning Commission. The history from this case, however, would not be forgotten. He stated it would require positive action on Mr. Ringer's part to refile. He stated if it is referred back to the Planning and Zoning Commission then the existing proposal goes back to the Planning and Zoning Commission. Councilman Walden asked if the Planning and Zoning Commission would rework the application and come back with a new proposal. Volume 85, page 39 Mr. Escalante stated the Planning and Zoning Commission can rework it but it automatically goes back to the Planning and Zoning Commission without any action on the part of the applicant. On a practical basis, in both cases there is a message: there is a concern about this project but not disregarding this concept altogether. He stated the difference is whether Mr. Ringer is going to be required to go through the process again or the Planning and Zoning Commission begins working on the existing set of plans. Councilman Walden asked if there was a particular advantage to the City to have Mr. Ringer start from the beginning again. Mayor Phelps stated he thinks if Mr. Ringer wants to pursue this project without prejudice, the message is that what he has presented is not what the Council wants. Mayor Phelps stated if this proposal is sent back to the Planning and Zoning Commission, they have to work with this proposal. Mayor Phelps stated if Mr. Ringer comes back and wants to refile this proposal under this option without prejudice, and if he brings back the same thing then he has the same problem. Councilman Walden stated he is not going to support the denial without prejudice. He stated it is not as precise as he would like. There being no further discussion a motion by Councilman Robbs, seconded by Councilman Moses, with Councilmembers Robbs, Moses, Davis, Bird voting "aye", and Councilman Walden voting "nay", denied the zoning change without prejudice. The motion passed with a 4 to 1 vote. Mayor Phelps called for a five-minute recess. D.1 CONSENT. D.2 CONSIDER ADOPTING RESOLUTION NO. 2000-192 AWARDING THE BIDS FOR REPLACEMENT CITY VEHICLES AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2000-2001 budget includes $295,000.00 for the purchase of two Police Patrol sedans, five Police investigative sedans, three light duty trucks and one fullsize van. Requests for bids were sent to sixteen local area vendors; three vendors responded with bids. The bid package included a request for alternate bids on one fullsize pickup and one fullsize van equipped with Compressed Natural Gas (CNG). The low bid meeting specifications for two Police Patrol sedans, one downsize pickup, one fullsize dedicated CNG pickup and one fullsize dedicated CNG van was received from Village Ford for a total price of $105,750.00. Low bid meeting specifications for five Police investigative sedans and one utility bed truck was received from Bankston Ford for a price of $126,937.65. Volume 85, page 40 Staff recommends accepting the low bids of $105,750.00 from Village Ford for two Police Patrol sedans, one downsize pickup, one fullsize dedicated CNG pickup and one dedicated fullsize van, and the bid of $126,937.65 from Bankston Ford for five Police investigative sedans and one utility bed truck, for a combined total of $232,687.65. There being no further discussion, a motion by Mayor Pro Tern Moses, seconded by Councilman Bird, all voting "aye," adopted Resolution No. 2000-192 awarding the bids for replacement of city vehicles in the amount of $105,750.00 from Village Ford for two Police Patrol sedans, one downsize pickup, one fullsize dedicated CNG pickup and one dedicated fullsize van, and awarding the bid in the amount of $126,937.65 from Bankston Ford for five Police investigative sedans and one utility bed truck for a combined total of $232,687.65. D.3 CONSIDER ADOPTING RESOLUTION NO. 2000-195 ACCEPTING PROPOSAL FOR TRAFFIC SIGNAL RELAMPING MATERIALS FROM ACM HIGHWAY PRODUCTS, INC. AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. The 2000-2001 Operating Budget provides funding for the purchase of traffic signal relamping materials in the amount of $107,000. The purchase is being made under the high technology procurement provisions of Texas law. On November 7, 2000, four proposals were received for the traffic signal relamping materials. The best proposal was submitted by ACM Highway Products, Inc. in an amount of $127,460. ACM Highway Products, Inc. has met all specifications, provided adequate references, and has offered a seven-year warranty. The Traffic Engineer recommends the contract be awarded to ACM Highway Products, Inc. in the amount of $107,000, with modifications made to the quantities in order not to exceed the budgeted amount. The City Engineer and the Traffic Engineer recommend adopting Resolution No. 2000-195 accepting the proposal for traffic signal relamping materials submitted by ACM Highway Products, Inc. in an amount not to exceed $107,000. There being no further discussion, a motion by Councilwoman Davis, seconded by Councilman Walden, all voting "aye," adopted Resolution No. 2000-195 accepting the proposal for traffic signal relamping materials submitted by ACM Highway Products, Inc. in an amount not to exceed $107,000. D.4 CONSIDER APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD AND THE NORTH DALLAS COUNTY WATER SUPPLY CORPORATION AND TAKE APPROPRIATE ACTION. Volume 85, page 41 f' Mayor Phelps presented the following information. The following members of the Historical Preservation and Restoration Board have terms that will expire. Dean Nichols 1/1/01 Laverne Gilbert 1/1/01 Jerry Wilcox 1/1/01 The following members of the North Dallas County Water Supply Corporation have terms that will expire. Richard Escalante 1/1/01 John Burke 1/1/01 Charles Cox 1/1/01 A motion by Councilman Bird, seconded by Councilman Robbs, all voting "aye," reappointed Dean Nichols, Laverne Gilbert, and Jerry Wilcox to the Historical Preservation and Restoration Board for another term and reappointed Richard Escalante, John Burke, and Charles Cox to the North Dallas County Water Supply Corporation for another term and authorized sending the appropriate letters. r I D.5 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. D.6 CITIZEN PARTICIPATION. There were no travel reports or requests. There was no citizen participation. r i 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 6:31 P.M. AND CONCLUDED AT 7:26 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.01 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. Volume 85, page 42 2. DISCUSS SALE OF CITY OWNED PROPERTY LOCATED AT THE NORTHWEST CORNER OF VALLEY VIEW AND KEENAN BRIDGE ROAD 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. 4. 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. Mayor Phelps explained staff was present to discuss this item with the City Council. E.1 b DISCUSS PENDING AND CONTEMPLATED LITIGATION - TEXAS GOVERNMENT CODE SECTION 551.071 1. DISCUSS LITIGATION RELATIVE TO R.C. SMALL AND THIRD PARTY POLAINTIFF GROVES ELECTRICAL SERVICE, INC. AND AN AGREEMENT WITH R.C. SMALL AND ASSOCIATES, INC. AND TAKE APPROPRIATE ACTION. 2. DISCUSS PENDING OR CONTEMPLATED LITIGATION RELATIVE TO CONSULTATION WITH ATTORNEY REGARDING APPROXIMATELY 153 ACRES OF LAND GENERALLY BOUNDED BY SPRING VALLEY ROAD TO THE NORTH, MIDWAY ROAD TO THE EAST, ALPHA ROAD TO THE SOUTH, AND THE TOWN OF ADDISON TO THE WEST, AND TAKE APPROPRIATE ACTION. 3. DISCUSS POSSIBLE LITIGATION WITH 1A CHORD DOING BUSINESS AS THE JONES FAMILY THEATER FOR LEASE VIOLATIONS AND TAKE APPROPRIATE ACTION. Mayor Phelps explained staff was present to discuss these items with the City Council. E.2 CONSIDER NECESSARY ACTION ON ITEMS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the City Council was updated on items in Executive Session and no action was necessary. F.1 ADJOURNMENT. A motion by Councilman Bird, a second by Councilman Robbs, all voting "aye", 4adj me a City Council meeting of December 4, 2 at 10:34, P. yor Clty Secretary Volume 85, page 43