MINUTES OF THE DALLAS CITY COUNCIL WEDNESDAY, APRIL 17, 1996

Transcription

1 MINUTES OF THE DALLAS CITY COUNCIL WEDNESDAY, APRIL 17, BRIEFING MEETING CITY COUNCIL CHAMBER, CITY HALL MAYOR RON KIRK, PRESIDING PRESENT: [14] Kirk, Wells, Luna, Duncan, Salazar, Stimson, Hicks, Mallory Caraway, Mayes, Lipscomb, Poss, Fielding, Blumer, McDaniel ABSENT: [0] The meeting was called to order at 9:14 a.m. The assistant city secretary announced that a quorum of the city council was present. The invocation was given by the Rev. Don Benton, director, Twelfth Step Ministry. The meeting agenda, which was posted in accordance with Chapter 551, "OPEN MEETINGS," of the Texas Government Code, was presented. After all business properly brought before the city council had been considered, the city council adjourned at 3:15 p.m. ATTEST: Mayor City Secretary The meeting agenda is attached to the minutes of this meeting as EXHIBIT A. The actions taken on each matter considered by the city council are attached to the minutes of this meeting as EXHIBIT B. Ordinances, resolutions, reports and other records pertaining to matters considered by the city council, are filed with the city secretary as official public records and comprise EXHIBIT C to the minutes of this meeting.

2 MINUTES OF THE DALLAS CITY COUNCIL WEDNESDAY, APRIL 17, 1996 E X H I B I T A

3 MINUTES OF THE DALLAS CITY COUNCIL WEDNESDAY, APRIL 17, 1996 E X H I B I T B

4 BRIEFING MEETING OF THE DALLAS CITY COUNCIL April 17, Agenda item (3): Special Presentations At the beginning of each briefing meeting of the city council a time is set aside for the mayor to recognize special individuals or groups, to read mayoral proclamations, to confer honorary citizenships, and to make special presentations.

5 BRIEFING MEETING OF THE DALLAS CITY COUNCIL April 17, OPEN MICROPHONE In accordance with Subsection 6.3 of the City Council Rules of Procedure, the city council provided an opportunity for the following individuals to present concerns or address issues during an "open microphone" period. OPEN MICROPHONE - BEGINNING OF MEETING: SPEAKER: SUBJECT: Dwayne Dallas, 6266 St. Albans Dr. Dallas city government: Who is in charge? OPEN MICROPHONE - END OF MEETING: No speakers.

6 BRIEFING MEETING OF THE DALLAS CITY COUNCIL April 17, Agenda item (5): Briefings A. Trinity River Corridor The city manager briefed the city council on the item.

7 BRIEFING MEETING OF THE DALLAS CITY COUNCIL April 17, Agenda item (5): Briefings B. City Attorney's Recommendation regarding selection of Bond Counsel and Co-Bond Counsel teams The city attorney briefed the city council on the item.

8 BRIEFING MEETING OF THE DALLAS CITY COUNCIL April 17, EXECUTIVE SESSION Attorney Briefings (Sec T.O.M.A.) -- Debra Walker, et al. v. HUD, et al. -- G.E. Capitol Leasing as Subrogee for Harold Nauman v. City of Dallas Claim No.: State Farm Insurance Company, Subrogee of Cary Blum v. City of Dallas Claim No.: Hilanda Rodriguez v. City of Dallas Claim No.: William Maston Boyd, as Independent Executor of the Estate of Roland Weldon Boyd, Deceased, and as Attorney-in-Fact for Nannette Gay Boyd v. City of Dallas, Texas, Cause No "Haji Said, Plaintiff, Salim Said, Intervenor v. Joseph De Sonier and The City of Dallas, Texas," Cause No. cc e -- Margaret Hagler v. City of Dallas, Cause No H -- "Cherita Hines, Individually and as Next Friend of Claytrice Jefferson, a minor and Rhonda Andrews, Individually and as Next Friend for Ja-Marvin Lucas, a minor v. Marilyn M. Guenther and The City of Dallas, Texas," Cause No. cc c -- Downtown Sports Development Project - Alternative Site Acquisition Negotiations, and Negotiations between the City and Dallas Basketball, Limited -- Status of Dallas Stars Long Term Reunion Arena Lease Agreement Deliberation Regarding Real Property (Sec T.O.M.A.) -- Downtown Sports Development Project - Alternative Site Acquisition Negotiations, and Negotiations between the City and Dallas Basketball, Limited -- Status of Dallas Stars Long Term Reunion Arena Lease Agreement Personnel (Sec T.O.M.A.) -- To hear and deliberate an allegation or complaint against Deputy Mayor Pro Tem Chris Luna, in accordance with Chapter 2, Sec of the City of Dallas Code of Ethics, regarding the release of a January 5, 1994, Dallas City Council meeting executive session briefing document containing legal advice concerning the proposed Tinseltown/Cinemark development plan, and alleged violations of Chapter 2, Sec.2-122(a)(4), (14), City of Dallas Code of Ethics

9 BRIEFING MEETING OF THE DALLAS CITY COUNCIL April 17, Page 2 An executive session was held as authorized by Chapter 551, OPEN MEETINGS, of the Texas Government Code (Texas Open Meetings Act) to discuss the following matters: Attorney Briefings (Sec T.O.M.A.) -- G.E. Capitol Leasing as Subrogee for Harold Nauman v. City of Dallas Claim No.: State Farm Insurance Company, Subrogee of Cary Blum v. City of Dallas Claim No.: Hilanda Rodriguez v. City of Dallas Claim No.: William Maston Boyd, as Independent Executor of the Estate of Roland Weldon Boyd, Deceased, and as Attorney-in-Fact for Nannette Gay Boyd v. City of Dallas, Texas, Cause No "Haji Said, Plaintiff, Salim Said, Intervenor v. Joseph De Sonier and The City of Dallas, Texas," Cause No. cc e -- Margaret Hagler v. City of Dallas, Cause No H -- "Cherita Hines, Individually and as Next Friend of Claytrice Jefferson, a minor and Rhonda Andrews, Individually and as Next Friend for Ja-Marvin Lucas, a minor v. Marilyn M. Guenther and The City of Dallas, Texas," Cause No. cc c Personnel (Sec T.O.M.A.) -- To hear and deliberate an allegation or complaint against Deputy Mayor Pro Tem Chris Luna, in accordance with Chapter 2, Sec of the City of Dallas Code of Ethics, regarding the release of a January 5, 1994, Dallas City Council meeting executive session briefing document containing legal advice concerning the proposed Tinseltown/Cinemark development plan, and alleged violations of Chapter 2, Sec.2-122(a)(4), (14), City of Dallas Code of Ethics No other matters were discussed during the executive session.

10 BRIEFING MEETING OF THE DALLAS CITY COUNCIL April 17, Agenda item (5): Briefings C. Appointments to Boards and Commissions Agenda item (6): Action Items 1. Consideration of appointments to Boards and Commissions (Executive Session, if necessary, Personnel, Sec , T.O.M.A.) The city secretary distributed a report showing board and commission vacancies and nominations, updated through April 16, The city secretary noted that since the report was prepared additional information had been received updating the background review status for one nominee. The city secretary stated that the report showing board and commission nominations for the board term should now show that Printice L. Gary, nominated to a "full-council appointment position on the Dallas Economic Development Corporation Board, meets all qualifications for appointment to that board. Mayor Kirk stated that consideration of appointment of members to the Dallas Higher Education Authority would be postponed until a future meeting of the city council.... Mayor Kirk called for nominations to fill one "full-council appointment" position on the Civil Service Board: Councilmember McDaniel nominated D. Michael Lynn. There being no other nominations Mayor Kirk called for the appointment by acclamation of D. Michael Lynn as a member of the Civil Service Board for a term to end August 31, Mayor Pro Tem Wells moved the appointment by acclamation of D. Michael Lynn as a member of the Civil Service Board for a term to end August 31, Motion seconded by Councilmember Poss and unanimously adopted....

11 OFFICIAL ACTION OF THE DALLAS CITY COUNCIL April 17, Page 2 Mayor Kirk called for nominations to fill six "full-council appointment" positions on the Dallas Economic Development Corporation Board: Mayor Kirk nominated Sam Brown. Councilmember Stimson nominated James A. Donnell. Mayor Kirk nominated Printice L. Gary. Deputy Mayor Pro Tem Luna and Councilmember McDaniel nominated Kathryn Walt Hall. Councilmember Poss nominated Barry E. Nelson. Councilmember Salazar nominated Christina G. Rubealcaba. Councilmember Hicks nominated Forrest Smith. Mayor Kirk asked each council member to vote for six of the nominees by signed ballot. After the ballots had been tabulated the city secretary announced the results: Sam Brown James A. Donnell Printice L. Gary Kathryn Walt Hall Barry E. Nelson Christina G. Rubealcaba Forrest Smith 14 votes 12 votes 13 votes 9 votes 11 votes 14 votes 11 votes Mayor Pro Tem Wells moved the appointment of Sam Brown, James A. Donnell, Printice L. Gary, Barry E. Nelson, Christina G. Rubealcaba, and Forrest Smith as members of the Dallas Economic Development Corporation Board for terms in accordance with the bylaws of the corporation. Motion seconded by Councilmember Mayes and unanimously adopted.

12 OFFICIAL ACTION OF THE DALLAS CITY COUNCIL April 17, Page 3 Mayor Kirk called for nominations to fill one "full-council appointment" position as an alternate member of the Urban Rehabilitation Standards Board: Councilmember McDaniel nominated Bryan S. Stone. There being no other nominations Mayor Kirk called for the appointment by acclamation of Bryan S. Stone as an alternate member of the Urban Rehabilitation Standards Board for a term to end August 31, Councilmember McDaniel moved the appointment by acclamation of Bryan S. Stone as an alternate member of the Urban Rehabilitation Standards Board for a term to end August 31, Motion seconded by Councilmember Stimson and unanimously adopted.... [Information on each newly-appointed board member is located in the file shown next to the name of the board.] CSB CIVIL SERVICE BOARD EDC DALLAS ECONOMIC DEVELOPMENT CORPORATION BOARD URX URBAN REHABILITATION STANDARDS BOARD ALTERNATES

13 BRIEFING MEETING OF THE DALLAS CITY COUNCIL April 17, Agenda item (6): Action Items 2. A resolution supporting the concept of an area or multi-county tollway authority to continue the development, construction and operation of tollways in the Dallas/Ft. Worth region and assume existing assets and operations of the Texas Turnpike Authority (TTA) in the Dallas/Ft. Worth area (Councilmember Mallory Caraway, Transportation & Telecommunications Committee Chair) via Mayor Kirk Councilmember Mallory Caraway moved to amend the draft resolution by adding a new section to read: "All revenues received from existing and future toll projects of the Regional Authority should be dedicated to planning, construction, maintenance, debt service, and operation of toll projects and extensions of those toll projects and any use of excess funds be done on an equitable distribution determined by population." and to approve the resolution with that change. Motion seconded by Councilmember Stimson and unanimously adopted. (Deputy Mayor Pro Tem Luna absent when vote taken)

14 BRIEFING MEETING OF THE DALLAS CITY COUNCIL April 17, Agenda item (6): Action Items 3. Authorizing the appointment of persons to conduct an investigation, pursuant to Chapter III, Sec.18, Dallas City Charter, of an allegation or complaint against Deputy Mayor Pro Tem Chris Luna, regarding the release of a January 5, 1994, Dallas City Council meeting executive session briefing document containing legal advice concerning the proposed Tinseltown/Cinemark development plan, and alleged violations of Chapter 2, Sec (a)(4), (14), City of Dallas Code of Ethics Councilmember Fielding moved that the city council appointment of a committee of council members to investigate the allegations and complaints against Deputy Mayor Pro Tem Chris Luna and any other council member as set forth is Action Item 3, and to instruct the city attorney to draft language for a possible amendment to the Dallas City Charter to bring the Code of Ethics in line with the City Charter. There was no second to Councilmember Fielding's motion. Mayor Kirk announced that Deputy Mayor Pro Tem Luna had submitted his resignation as Deputy Mayor Pro Tem effective Friday, April 19, Councilmember Lipscomb moved to take no action with respect to Action Item 3. Motion seconded by Councilmember Mayes. After discussion Mayor Kirk called the vote on the motion then declared the motion adopted on a divided voice vote. (Luna abstaining and absent when vote taken)

15 MINUTES OF THE DALLAS CITY COUNCIL WEDNESDAY, APRIL 17, 1996 E X H I B I T C

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19 BRIEFING MEETING OF THE DALLAS CITY COUNCIL April 17, (EXCERPT) Agenda item (5): Briefings C. Appointments to Boards and Commissions Agenda item (6): Action Items 1. Consideration of appointments to Boards and Commissions (Executive Session, if necessary, Personnel, Sec , T.O.M.A.) CSB CIVIL SERVICE BOARD The city secretary distributed a report showing board and commission vacancies and nominations, updated through April 16, Mayor Kirk called for nominations to fill one "full-council appointment" position on the Civil Service Board: Councilmember McDaniel nominated D. Michael Lynn. There being no other nominations Mayor Kirk called for the appointment by acclamation of D. Michael Lynn as a member of the Civil Service Board for a term to end August 31, Mayor Pro Tem Wells moved the appointment by acclamation of D. Michael Lynn as a member of the Civil Service Board for a term to end August 31, Motion seconded by Councilmember Poss and unanimously adopted.

20 BRIEFING MEETING OF THE DALLAS CITY COUNCIL April 17, (EXCERPT) Agenda item (5): Briefings C. Appointments to Boards and Commissions Agenda item (6): Action Items 1. Consideration of appointments to Boards and Commissions (Executive Session, if necessary, Personnel, Sec , T.O.M.A.) EDC DALLAS ECONOMIC DEVELOPMENT CORPORATION BOARD The city secretary distributed a report showing board and commission vacancies and nominations, updated through April 16, The city secretary noted that since the report was prepared additional information had been received updating the background review status for one nominee. The city secretary stated that the report showing board and commission nominations for the board term should now show that Printice L. Gary, nominated to a "full-council appointment position * on the Dallas Economic Development Corporation Board, meets all qualifications for appointment to that board. Mayor Kirk called for nominations to fill six "full-council appointment" positions on the Dallas Economic Development Corporation Board: Mayor Kirk nominated Sam Brown. Councilmember Stimson nominated James A. Donnell. Mayor Kirk nominated Printice L. Gary. Deputy Mayor Pro Tem Luna and Councilmember McDaniel nominated Kathryn Walt Hall. Councilmember Poss nominated Barry E. Nelson. Councilmember Salazar nominated Christina G. Rubealcaba. Councilmember Hicks nominated Forrest Smith. Mayor Kirk asked each council member to vote for six of the nominees by signed ballot.

21 OFFICIAL ACTION OF THE DALLAS CITY COUNCIL April 17, Page 2 After the ballots had been tabulated the city secretary announced the results: Sam Brown James A. Donnell Printice L. Gary Kathryn Walt Hall Barry E. Nelson Christina G. Rubealcaba Forrest Smith 14 votes 12 votes 13 votes 9 votes 11 votes 14 votes 11 votes Mayor Pro Tem Wells moved the appointment of Sam Brown, James A. Donnell, Printice L. Gary, Barry E. Nelson, Christina G. Rubealcaba, and Forrest Smith as members of the Dallas Economic Development Corporation Board for terms in accordance with the bylaws of the corporation. Motion seconded by Councilmember Mayes and unanimously adopted.

22 BRIEFING MEETING OF THE DALLAS CITY COUNCIL April 17, (EXCERPT) Agenda item (5): Briefings C. Appointments to Boards and Commissions Agenda item (6): Action Items 1. Consideration of appointments to Boards and Commissions (Executive Session, if necessary, Personnel, Sec , T.O.M.A.) URX URBAN REHABILITATION STANDARDS BOARD ALTERNATES The city secretary distributed a report showing board and commission vacancies and nominations, updated through April 16, Mayor Kirk called for nominations to fill one "full-council appointment" position as an alternate member of the Urban Rehabilitation Standards Board: Councilmember McDaniel nominated Bryan S. Stone. There being no other nominations Mayor Kirk called for the appointment by acclamation of Bryan S. Stone as an alternate member of the Urban Rehabilitation Standards Board for a term to end August 31, Councilmember McDaniel moved the appointment by acclamation of Bryan S. Stone as an alternate member of the Urban Rehabilitation Standards Board for a term to end August 31, Motion seconded by Councilmember Stimson and unanimously adopted.

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