City of Farmers Branch

City Council Regular Meeting Agenda

City Hall Plaza

13000 William Dodson Parkway

Farmers Branch, Texas

Tuesday, May 6, 2003

7:30 p.m.

            The following members of the City Council were present:

                        Mayor              Bob Phelps

                        Mayor Pro Tem                       Charlie Bird

                        Councilmembers                      Bill Moses

                                                Jim Robbs

                                                Calla Davis

            The following member of the City Council were absent:

                        Deputy Mayor Pro Tem                                   Paul Walden

The following members of the Administration were present:

            Interim City Manager                                                         John Burke

            Assistant City Manager                                             Linda Groomer

                        City Secretary                                                                                                                          Cindee Peters

            Assistant to the City Manager                                             Margaret Somereve

                        Assistant to the City Manager                                                                           John Roach

                        City Attorney                                                                                                                           Doug Conner

                        Director of Finance                                                                                                            Charles Cox

            Fire Chief                                                                                                                                 Kyle King

                        Deputy Police Chief                                                                                                                Scott Roder

                        Library Director                                                                                                           Mary Jane Stevenson

                        Director of Engineering                                     Jerry Murawski

                        Director of Public Works                                      Mark Pavageaux

                        Director of Community Services                                   Michael Spicer

Director of Equipment Services                                    Don Moore

Director of Parks and Recreation                                    Jeff Fuller

Director of Economic Development                                     Norma Nichols

Recording Secretary                                                            Suzanne Reynolds

Mayor Phelps called the City Council meeting of May 6, 2003 to order at 7:31 p.m.  The meeting was televised.

A.1            INVOCATION AND PLEDGE OF ALLEGIANCE.

Mayor Phelps stated the record should show that Deputy Mayor Pro Tem Walden was not in attendance due to being out of town on business

Vic Cassad of Christ United Methodist Church gave the invocation and Brownie Troop 1115 of the Tejas Council gave the pledge of allegiance. 

A.2            PRESENTATION OF AN APPRECIATION AWARD FOR THE TOURNAMENT OF CHAMPIONS SOFTBALL TOURNAMENT TO THE CITY OF FARMERS BRANCH.

Tournament Director Renee Putter presented a plaque to the City of Farmers Branch and staff members of the Parks and Recreation Department for all their hard work and dedication in making the tournament a success. 

A.3            PRESENTATION OF PLAQUES AND CERTIFICATES OF RECOGNITION FROM COMMUNITIES IN SCHOOLS, INC. TO THE CITY OF FARMERS BRANCH AND EMPLOYEE VOLUNTEERS.

Mayor Phelps introduced Leigh Anne Hope, Volunteer Coordinator for Communities In Schools, Inc. who presented plaques and certificates to the City of Farmers Branch and City employee volunteers Robert Carerra, Melody Drake, Robin Edwards, Norman Reynolds, and John Roach.  Melody Drake was also given a plaque recognizing her Outstanding Volunteer Commitment to helping at-risk youth.

The awards recognize outstanding volunteer commitment in the community for participating in mentoring and tutoring programs.  The awards also reflect the commitment of the City and employees who volunteer for these programs in addressing the needs of youth in the community.  The City encourages employees to volunteer and make a difference in the life of a child.  

A.4            CONSIDER PROCLAIMING MAY AS OLDER AMERICANS' MONTH IN FARMERS BRANCH.

Mayor Phelps presented Katie Roberts with a proclamation declaring “May as Older Americans’ Month” in Farmers Branch.

Ms. Roberts presented appreciation plaques to Councilwoman Davis and Councilman Robbs from the Senior Advisory Board.

A.5            CONSIDER PROCLAIMING THE WEEK OF MAY 11-17TH AS "NATIONAL POLICE WEEK" AND MAY 15TH AS "POLICE MEMORIAL DAY" IN THE CITY OF FARMERS BRANCH.

Mayor Phelps presented a proclamation to Deputy Chief Scott Roder proclaiming May 11-17^th as “National Police Week” and May 15^th as “Police Memorial Day” in Farmers Branch. 

David Marshall with Boy Scout Troop 734 introduced himself and stated he was working on his Citizenship in the Community Merit Badge.

A.6            REPORT BY THE FARMERS BRANCH VETERANS DAY CELEBRATION COMMITTEE.

Mayor Pro Tem Bird, Past Chair of the Farmers Branch Veterans Day Celebration, gave a report on behalf of the Veterans Day Celebration Committee and Councilman Robbs gave a report on the last Veterans Day activities.

Mayor Phelps and Mayor Pro Tem Bird presented Councilman Robbs with a plaque for his outstanding leadership as Chair of the Veterans Day Celebration Committee 2003. 

A.7      OATH OF OFFICE AND PRESENTATION OF CERTIFICATES OF ELECTION.

Mayor Phelps administered the oath of office and the certificate of election to Ben Robinson who will serve the office of Councilmember Place 5, and to Junie Smith who will serve the office of Councilmember Place 3.

A.8            PRESENTATION OF COUNCIL CERTIFICATES TO COUNCILMEMBERS CALLA DAVIS AND JIM ROBBS.

Mayor Phelps presented a certificate, a watch and a Council pin to Councilmember Calla Davis for 16 years service on the City Council.  He also presented a certificate and watch to Councilmember Jim Robbs for his 6 years service on the City Council and recognized his 9 years prior service on the Planning and Zoning Commission.

Councilman Moses, Mayor Pro Tem Bird, Interim City Manager, John Burke, Former City Manager Richard Escalante, and Former Mayor Dave Blair, spoke in appreciation of the service of Councilwoman Davis and Councilman Robbs.

Mayor Phelps stated Council would recess until 9:10 p.m. for a reception honoring Councilmembers Davis and Robbs.

A.9      ELECT MAYOR PRO TEM AND A DEPUTY MAYOR PRO TEM.

Mayor Phelps stated that because Deputy Mayor Pro Tem Walden is out of town on business, this item would be brought back to the Council meeting of May 19, 2003.

A motion by Mayor Pro Tem Bird, seconded Councilman Robinson, all voting “aye,” excused Deputy Mayor Pro Tem Walden’s absence and tabled this item until May 19, 2003.

A.10            REPORT ON STUDY SESSION ITEMS.

Mayor Phelps and the City Council gave a brief summary of the items discussed in Study Session prior to the regular meeting.

A.11            PRESENTATION OF BOARD APPLICATIONS.

            There were no applications presented.

B.0            CONSIDER THE FOLLOWING AS CONSENT ITEMS AND TAKE THE APPROPRIATE ACTION.

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 Tem Bird, seconded by Councilwoman Smith, all voting “aye,” approved the Consent Agenda as submitted.

B.1       APPROVED OF MINUTES OF CITY COUNCIL MEETING OF APRIL 21, 2003.

B.2       ADOPTED RESOLUTION NO. 2003-016 ACCEPTING A SANITARY SEWER EASEMENT ON PROPERTY ADDRESSED AS 14045 NORTH STEMMONS FREEWAY DONATED BY TRANSMAX, INC. FOR THE CONSTRUCTION OF A SANITARY SEWER MAIN ON VALWOOD PARKWAY.

B.3       ADOPTED ORDINANCE NO. 2718 AMENDING THE CITY OF FARMERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 5, SECTION 82-73, RELATIVE TO THE PLACEMENT OF A STOP SIGN AT THE WESTBOUND APPROACH OF BROCKWAY DRIVE AT SHAHAN DRIVE.

AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS; AMENDING THE CITY OF FAMRERS BRANCH CODE OF ORDINANCES, CHAPTER 82, TRAFFIC AND VEHICLES, ARTICLE II, DIVISION 5, SECTION 82-73, SPECIFYING THE PLACEMENT OF A STOP SIGN ON THE WESTBOUND APPROACH OF BROCKWAY DRIVE AT SHAHAN DRIVE; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY CLAUSE AD PROVIDING FOR A SEVERABILITY CLAUSE.

C.1            CITIZEN PARTICIPATION.

Dave Blair, 3324 Gatwick Place, congratulated Councilwoman Smith and Councilman Robinson again for their election.  He congratulated the Council and City Staff for their efforts in bringing the Dr. Pepper Stars facility to Farmers Branch.

D.1            CONSIDER ADOPTING ORDINANCE NO. 2717 AMENDING THE CITY'S 2002-03 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENTS PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED, AND TAKE APPROPRIATE ACTION.

Mayor Phelps presented the following information.  City staff presented City Council with updated operating and capital improvements program budget projections as part of the Mid-Year Budget Review on April 21, 2003.

Ordinance No. 2717 amends the 2002-03 fiscal year operating and CIP budget to reflect the mid-year budget changes discussed during the Mid-Year Budget Review. This budget amendment includes expenditure and revenue adjustments made within each operating fund.

A copy of the proposed amended budget is available for review at the Manske Library and on the City’s website.

There being no discussion, a motion by Councilman Moses, seconded by Mayor Pro Tem Bird all voting “aye,” adopted the following captioned Ordinance No. 2717 amending the 2002-03 fiscal year operating and capital improvements program budget.

AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AMENDING THE CITY'S 2002-2003 FISCAL YEAR OPERATING BUDGET, AMENDING THE CAPITAL IMPROVEMENTS PROGRAM BUDGET, AND DIRECTING THAT CITY EXPENDITURES BE MADE IN ACCORDANCE WITH THE BUDGET AS AMENDED.

D.2            CONSIDER APPOINTMENTS TO THE HISTORICAL PRESERVATION AND RESTORATION BOARD, THE COMMUNITY WATCH COMMITTEE, THE LIBRARY BOARD, THE PLANNING AND ZONING COMMISSION, THE SCHOOL-COMMUNITY RELATIONS COMMITTEE, AND THE PARKS AND RECREATION BOARD AND TAKE APPROPRIATE ACTION.

Mayor Phelps explained that there is one vacancy on the Historical Preservation and Restoration Board and a vacancy on the Community Watch Committee.

A motion by Councilman Robinson, seconded by Councilwoman Smith, all voting “aye,” reappointed Susan Saiter, Ruth Ann Parish, Betsy Armstrong, and Matt Wenthold to the Library Board with appropriate letter to be sent.

A motion by Councilman Moses, seconded Mayor Pro Tem Bird, all voting “aye,” reappointed David Merrit, Stan Armstrong, and Joe Patterson to the Planning and Zoning Commission with appropriate letter to be sent.

A motion by Mayor Pro Tem Bird, seconded by Councilman Moses, all voting “aye,” reappointed Jane Cowser, Barry Webster, and Frank Shor to the School-Community Relations Committee Board with appropriate letter to be sent.

There is a vacancy on the Parks and Recreation Board due to Barney Wood being named a Board Member Emeritus.

A motion by Mayor Pro Tem Bird, seconded Councilman Moses, all voting “aye,” moved Jimmy Thompson from Alternate Place 1, moved Joan Abbey from Alternate Place 2 to Alternate Place 1, and appointed Robert Davis to Alternate Place 2 to the Parks and Recreation Board. 

D.3            CONSIDER COUNCIL TRAVEL REPORTS AND REQUESTS AND TAKE APPROPRIATE ACTION.

            There were no travel reports or requests.

D.4            PRESENTATION OF COUNCIL COMMITTEE AND ORGANIZATION REPORTS.

Mayor Phelps stated on April 23^rd he attended the Metrocrest Chamber Luncheon.  In the afternoon he, John Burke, and staff attended a candidate briefing, and a Metrocrest Chamber Board Meeting.  On April 24^th he attended the Council of Government Board Meeting and attended the Stars announcement of the Star Center in Farmers Branch at American Airlines Center.  On April 28^th he attended the Promotion of Fire Department personnel at City Hall.  On April 29^th he had a breakfast meeting with Dennis Haskel, Speaker of the House to discuss DART.  On May 1^st the attended the Mayor’s Prayer Breakfast.  On May 2^nd he had a DART meeting with Mark Enoch, John Burke, and Dave Davis.  Also on May 2^nd he attended the Dallas Regional Mobility Coalition Meeting and then met with Gary Thomas of DART.  Also he met with Derrick Birdsall at the Farmers Branch Historical Park to discuss the museum accreditation meeting scheduled for May 6^th.  On May 6^th he met with the museum inspectors at the Historical Park for inspection of the park for accreditation.  Mayor Phelps stated Saturday was Election Day and on Sunday, May 4^th he attended the service at Webb Chapel United Method Church, which was celebrating its 100^th birthday.

MAYOR PHELPS ANNOUNCED THAT THE ITEMS ON THE AGENDA FOR THE EXECUTIVE SESSION WERE DISCUSSED IN THE 6:00 P.M. WORK SESSION.  MAYOR PHELPS EXPLAINED THE CITY COUNCIL CONVENED INTO EXECUTIVE SESSION AT 7:00 P.M. AND THEN CONCLUDED AT 7:28 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 LAND ACQUISITIONS - TEXAS GOVERNMENT CODE SECTION 551.072.

Discuss sale, lease or trade of real property in Branch Crossing at 2655 Mount View Drive.

Mayor Phelps stated Staff was present to discuss this item with the City Council.

E.2            DISCUSS ECONOMIC DEVELOPMENT - TEXAS GOVERNMENT CODE SECTION 551.087.

Discuss Economic Development Incentive and Sales Agreement with Southwestern Bell Telephone Company concerning two tracts of land north of Valley View Lane and on the east side of Denton Drive.

Mayor Phelps stated 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 litigation relative to Anthony Anderson, et al, vs. The City of Farmers Branch, Texas, Cause No. 0207695.

Discuss status of environmental cleanup efforts at the former St. Stephens Dry Cleaners site located at 2788 Valwood Parkway.

Mayor Phelps stated 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 explained Staff updated the City Council on items in Executive Session and no action was necessary.

F.2            ADJOURNMENT.

A motion by Councilman Moses, a second by Mayor Pro Tem Bird, all voting “aye”, adjourned the City Council meeting of May 6, 2003 at 9:30 p.m.

_____________________________             _____________________________

Bob Phelps, Mayor                                      Cindee Peters, City Secretary