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1998-11-16 CC MinutesCITY OF FARMERS BRANCH CITY COUNCIL REGULAR MEETING NOVEMBER 16, 1998 COUNCIL CHAMBER CITY HALL 7:30 P.M. The following members of the City Council were present: Mayor Bob Phelps Mayor Pro Tern Charlie Bird Councilmembers Berry Grubbs Bill Moses Jim Robbs The following members of the City Council were absent: Councilmember Calla Davis The following members of the City Administration were present: City Manager Richard L. Escalante Assistant City Manager Linda Groomer Assistant City Manager John F. Burke City Attorney John Boyle City Secretary Cindee Peters Director of Community Services Tom Scales Director of Planning Michael Spicer City Engineer Jerry Murawski Director of Parks & Recreation Jeff Fuller Library Director Mary Jane Stevenson Police Chief Jimmy Fawcett Fire Chief Kyle King Director of Public Works Mark Pavageaux Assistant to the City Manager Margaret Somereve Assistant to the City Manager John T. Roach Traffic Engineer Dave Davis Recording Secretary Suzanne Reynolds Mayor Phelps called the City Council Meeting of November 16, 1998 to order at 7:38 P.M. The meeting was televised. Volume 79, page 43 A.1 INVOCATION. Councilman Robbs gave the invocation and Councilman Moses led the pledge of allegiance to the flag. Mayor Phelps announced Councilwoman Davis was not present due to illness. A.2 CONSIDER ACCEPTING A DONATION IN THE AMOUNT OF $2000 FROM SOUTHWESTERN BELL TO THE CITY OF FARMERS BRANCH FOR BRANCH CROSSING TREE PLANTING PROGRAMS AND TAKE APPROPRIATE ACTION. Mrs. Clem Lear, Director External Affairs, Southwestern Bell, presented a $2000 check to the Mayor and City Council for the Revitalization Project - Tree Planting Programs in the Branch Crossing area. A motion by Mayor Pro Tern Bird, seconded by Councilman Grubbs, all voting "aye," accepted the donation in the amount of $2000 from Southwestern Bell and instructed staff to send the appropriate letter. A.3 PROCLAIM FEBRUARY 19TH OF EACH YEAR AS STATE OF TEXAS ANNIVERSARY REMEMBRANCE (S.T.A.R.) DAY IN FARMERS BRANCH. Mayor Phelps stated that Mr. Daniel Kulvick asked the Council to pass a proclamation for S.T.A.R. day. Mayor Phelps read the proclamation and proclaimed February 19, each year, as "State of Texas Anniversary Remembrance (S.T.A.R.) Day" in Farmers Branch, Texas. A.4 PRESENTATION OF SERVICE AWARDS. Mayor Phelps presented a five-year employee service award to Robert Carrera of the Parks and Recreation Department. Mayor Phelps presented a ten-year employee service award to Kerry Phillips of the Parks and Recreation Department. Mayor Phelps presented a ten-year employee service award to Bob Bull of the Parks and Recreation Department. A.5 PRESENTATION OF BOARD APPLICATIONS. There were no applications presented. Volume 79, page 44 A.6 REPORT ON STUDY SESSION ITEMS. Mayor Phelps gave a brief summary of the items discussed in Study Session held prior to the regular meeting. CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION B.1 - B.4. Mayor Phelps stated under the title of 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 Bird, seconded by Councilman Robbs, all voting "aye," added Agenda Item D.2 to the Consent Agenda. A motion by Mayor Pro Tern Bird, seconded by Councilman Robbs, all voting "aye" adopted the following amended Consent Agenda. B.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF NOVEMBER 2, 1998. B.2 APPROVED THE FINAL PLAT OF VALWOOD SERVICE CENTER FIRST ADDITION FOR THE DFW FREEPORT/ROYAL TRADE CENTER J.V. B.3 ADOPTED RESOLUTION NO. 98-154 APPROVING AMENDMENT NO. 2 TO THE DEVELOPER'S CONTRACT WITH AMERICAN REALTY TRUST RELATIVE TO CENTREPLACE ONE DEVELOPMENT. B.4 APPROVED THE FINAL PLAT OF MERCER CROSSING ADDITION, LOT 1 BLOCK B. FOR AMERICAN REALTY TRUST, INC. D.2 ADOPTED RESOLUTION NO. 98-151 NOMINATING GLAZER'S WHOLESALE DRUG COMPANY, INC. AS AN ENTERPRISE PROJECT PURSUANT TO CHAPTER 2303, THE TEXAS ENTERPRISE ZONE ACT. Mayor Phelps read the Consent Agenda items to the audience and home viewers. Volume 79, page 45 C.1 CITY MANAGER REPORTS. City Manager Richard Escalante presented an informative report on the status of various projects and activities in the City. D.1 CONSIDER ADOPTING RESOLUTION NO. 98-149 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ATLAS ENTERPRISES, INC. FOR FIREWORKS DISPLAYS AND TAKE APPROPRIATE ACTION. Mayor Phelps presented the following information. Staff has negotiated with Atlas Enterprises, Inc. to provide the fireworks displays for the Tree Lighting ceremony on December 4, 1998, the Dallas Symphony Orchestra concert on June 5, 1999, and the Independence Day celebration on July 3, 1999. The fireworks displays will be of a low-level variety similar to past event displays presented at City Hall and the Historical Park. The fireworks contract allows for a total of thirty-three minutes of fireworks displays: three minutes for the Tree Lighting ceremony, ten minutes for the Dallas Symphony Orchestra concert, and twenty minutes for the Independence Day celebration for a total of $33,000. Funding for the fireworks displays has been budgeted in the Hotel-Motel fund. The Director of Parks and Recreation recommends adopting Resolution No. 98-149 authorizing the City Manager to execute a contract with Atlas Enterprises, Inc. for fireworks displays on December 4, 1998, June 5, 1999, and July 3, 1999. There being no discussion, a motion by Councilman Grubbs, seconded by Mayor Pro Tern Bird, all voting "aye," adopted Resolution No. 98-149 authorizing the City Manager to execute a contract with Atlas Enterprises, Inc. in an amount not to exceed $33,000. D.2 CONSENT. D.3 CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE THE APPROPRIATE ACTION. There were no travel reports or requests. D.4 CITIZEN PARTICIPATION. Volume 79, page 46 There was no citizen participation. MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 4:00 P.M. STUDY SESSION. MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:06 P.M. AND CONCLUDED AT 7:35 P.M. AND CONVENED FOR THE GENERAL SESSION. 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 PERSONNEL MATTERS -TEXAS GOVERNMENT CODE - SECTION 551.074 1. DISCUSS APPOINTMENT TO THE VALWOOD IMPROVEMENT AUTHORITY. 2. DISCUSS APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENT AND BUILDING CODE BOARD OF APPEALS. 3. DISCUSS APPOINTMENT OF A CRIMEWATCH DIRECTOR. Mayor Phelps and members of the City Council discussed personnel matters. EA b DISCUSS REAL PROPERTY - TEXAS GOVERNMENT CODE - SECTION 551.072 1. DISCUSS LAND ACQUISITION OF REAL PROPERTY LOCATED AT 13214 ROSSFORD STREET, 13201 DENTON DRIVE, 9018 DENTON DRIVE AND 9019 DENTON DRIVE. 2. DISCUSS LAND ACQUISITION OF REAL PROPERTY LOCATED AT 13303 DENTON DRIVE AND 2335 JETT STREET. 3. DISCUSS SALE, LEASE & EXCHANGE OF LAND IN THE OLD FARMERS BRANCH AREA. 4. DISCUSS LAND ACQUISITION OF REAL PROPERTY LOCATED AT 12950 EPPS FIELD ROAD. Mayor Phelps and members of the City Council discussed possible land acquisition. E.1 c DISCUSS PENDING AND CONTEMPLATED LITIGATION -TEXAS GOVERNMENT CODE -SECTION 551.071 1. DISCUSS POSSIBLE LITIGATION WITH TCI CABLEVISION OF DALLAS FOR VIOLATION OF ORDINANCE 2390 AND 2391. Volume 79, page 47 2. DISCUSS CONTEMPLATED LITIGATION REGARDING LONE STAR GAS COMPANY'S REQUEST FOR A RATE CHANGE. Mayor Phelps and members of the City Council discussed possible litigation concerning TCI and Lone Star Gas. E.2 CONSIDER NECESSARY ACTION ON PERSONNEL MATTERS DISCUSSED IN THE EXECUTIVE SESSION. Mayor Phelps stated the appointment to the Valwood Improvement Authority would be postponed until the December 7, 1998 City Council meeting. Mayor Phelps called for necessary action on personnel matters. A motion by Councilman Grubbs, a second by Councilman Robbs, all voting "aye", reappointed to the Zoning Board of Adjustment and Building Code Board of Appeals Clyde James, David Stack, and appointed Ben Robinson to Alternate Position 2 with terms to expire December 1, 2000. Councilman Grubbs explained that Herbert Hooker requested to not be reappointed and Chairperson Junie Smith had stated he would be truly missed. Mayor Phelps stated the appointment of a Crimewatch Director would be postponed indefinitely. E.3 CONSIDER NECESSARY ACTION ON REAL PROPERTY DISCUSSED IN EXECUTIVE SESSION. Mayor Phelps called for necessary action on real property. A motion by Councilman Moses, a second by Councilman Robbs, all voting "aye", authorized purchase of 13214 Rossford Street, 13201, 9019 and 9018 Denton Drive for $235,000, allowing Mr. Tim Adkisson to occupy the building at 13214 Rossford Street for a period of 16 months and paying Mr. Tim Adkisson the cash sum of $10,000, and allowing Mr. Ben Adkisson to occupy the building at 13201 Denton Drive until April 15, 1999. A motion by Mayor Pro Tern Bird, a second by Councilman Grubbs, all voting "aye", authorized staff to purchase the right-of-way from Southwestern Bell Telephone Company in the amount of $8,000.00. Volume 79, page 48 Mayor Phelps reported the City Council was updated by City Staff on the sale, lease and exchange of land in the Old Farmers Branch Area. No action was necessary. Mayor Phelps reported the City Council was updated by City Staff on land acquisition of real property located at 12950 Epps Field Road. No action was necessary. E.4 CONSIDER NECESSARY ACTION IN PENDING AND CONTEMPLATED LITIGATION DISCUSSED IN EXECUTIVE SESSION. Mayor Phelps reported members of the City Council were updated on contemplated litigation. No action was necessary. F.1 ADJOURNMENT. A motion by Councilman Moses, a second by Councilman Grubbs, all voting "aye", adjourned the City Council meeting of November 16, 1998, at 8:15 p.m. Mayor City Secretary Volume, 79, page 49